# Baltimore City Code Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference. ## – General Provisions Article ### Title 1 – Definitions; Rules of Interpretation; Time Computations #### Subtitle 1 – Definitions ##### § 1-101 In general. Balt., Md., Code § 1-101 (2026) Throughout the Baltimore City Code, the following terms have the meanings indicated, except as otherwise expressly provided. *History: Ord. 21-017* ##### § 1-102 Adult. Balt., Md., Code § 1-102 (2026) “Adult” means an individual who is 18 years or older. *History: Ord. 21-017* ##### § 1-103 City. Balt., Md., Code § 1-103 (2026) “City” means the City of Baltimore. *History: Ord. 21-017* ##### § 1-104 City Code; Code. Balt., Md., Code § 1-104 (2026) “City Code” or “Code” means: (1) the numbered articles of the Baltimore City Code; and (2) the unnumbered articles of the Revised Code of Baltimore City. *History: Ord. 21-017* ##### § 1-105 Includes; Including. Balt., Md., Code § 1-105 (2026) “Includes” or “including” means by way of illustration and not by way of limitation. *History: Ord. 21-017* ##### § 1-106 Minor. Balt., Md., Code § 1-106 (2026) “Minor” means an individual under the age of 18. *History: Ord. 21-017* ##### § 1-107 Person. Balt., Md., Code § 1-107 (2026) (a) “Person” means: (1) an individual; (2) a receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; or (3) a partnership, firm, association, corporation, or other entity of any kind. (b) “Person” does not include, except as otherwise expressly provided, a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 21-017* ##### § 1-108 State. Balt., Md., Code § 1-108 (2026) (a) Except as provided in subsection (b) of this section, “state” means: (1) a state, possession, territory, or commonwealth of the United States; or (2) the District of Columbia. (b) When capitalized, “State” means Maryland. *History: Ord. 21-017* ##### § 1-109 Street. Balt., Md., Code § 1-109 (2026) “Street” means any street, boulevard, road, highway, alley, lane, sidewalk, footway, or other way that is owned by the City or habitually used by the public. *History: Ord. 21-017* #### Subtitle 2 – Rules of Interpretation ##### § 1-201 In general. Balt., Md., Code § 1-201 (2026) Throughout the Baltimore City Code, the following rules of interpretation apply, except as otherwise expressly provided. *History: Ord. 21-017* ##### § 1-202 Balt., Md., Code § 1-202 (2026) Reserved ##### § 1-203 Gender. Balt., Md., Code § 1-203 (2026) A reference to one gender includes and applies to the other genders. *History: Ord. 21-017* ##### § 1-204 Mandatory, prohibitory, and permissive terms. Balt., Md., Code § 1-204 (2026) (a) “Must” and “shall” are each mandatory terms used to express a requirement or to impose a duty. (b) “Must not”, “may not”, and “no ... may” are each mandatory negative terms used to establish a prohibition. (c) “May” is permissive. *History: Ord. 21-017* ##### § 1-205 Singular and plural. Balt., Md., Code § 1-205 (2026) The singular includes the plural and the plural includes the singular. *History: Ord. 21-017* ##### §§ 1-206 to 1-207 Balt., Md., Code § 1-206 to 1-207 (2026) Reserved ##### § 1-208 Captions or headings. Balt., Md., Code § 1-208 (2026) The captions or headings of various statutory units: (1) are for convenience of reference only, intended to summarize the statutory provisions that follow; and (2) are not law and are not to be taken as affecting the meaning or effect of the law. *History: Ord. 21-017* ##### § 1-209 Editor’s or Revisor’s Notes. Balt., Md., Code § 1-209 (2026) Editor’s or Revisor’s Notes accompanying various statutory units, including any accompanying list of defined terms: (1) are for convenience of reference only, intended to identify the sources of these provisions and highlight changes made to those sources; and (2) are not law and are not to be taken as affecting the meaning or effect of the law. *History: Ord. 21-017* ##### § 1-210 Balt., Md., Code § 1-210 (2026) Reserved ##### § 1-211 Effect of repeal or amendment of statute. Balt., Md., Code § 1-211 (2026) (a) The repeal, repeal and reenactment, or amendment of a statute does not release, extinguish, or alter a criminal or civil penalty, forfeiture, or liability imposed or incurred under the statute. (b) A repealed, repealed and reenacted, or amended statute remains in effect for the purpose of sustaining any: (1) criminal or civil action, suit, proceeding, or prosecution for the enforcement of a penalty, forfeiture, or liability; and (2) judgment, decree, or order that imposes, inflicts, or declares the penalty, forfeiture, or liability. *History: Ord. 21-017* ##### § 1-212 References to other laws. Balt., Md., Code § 1-212 (2026) Whenever a provision of this City Code refers to any other part of the Code or to any other law, the reference applies to any subsequent amendment of the law referred to, unless the referring provision expressly provides otherwise. *History: Ord. 21-017* ##### § 1-213 Balt., Md., Code § 1-213 (2026) Reserved ##### § 1-214 Severability. Balt., Md., Code § 1-214 (2026) (a) Except as provided in subsection (b) of this section: (1) all provisions of this Code {or of a regulation adopted under this Code} are severable; and (2) if a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstances is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision. (b) Subsection (a) of this section does not apply: (1) to the extent that a statute {or regulation} specifically provides otherwise; or (2) if the court finds that the remaining provisions alone are incomplete and incapable of being executed in accordance with the legislative intent. *History: Ord. 21-017* #### Subtitle 3 – Time Computations ##### § 1-301 In general. Balt., Md., Code § 1-301 (2026) Throughout the Baltimore City Code, time shall be calculated in the manner provided by this subtitle, except as otherwise expressly provided. *History: Ord. 21-017* ##### § 1-302 Computation of time after an act, event, or default. Balt., Md., Code § 1-302 (2026) (1) In computing any period of time prescribed by this Code, the day of the act, event, or default after which the designated period of time begins to run is not included. (2) If the period of time allowed is more than 7 days, intermediate Saturdays, Sundays, and legal holidays are counted. (3) If the period of time allowed is 7 days or less, intermediate Saturdays, Sundays, and legal holidays are not counted. (4) The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. *History: Ord. 21-017* ##### § 1-303 Computation of time before an act, event, or default. Balt., Md., Code § 1-303 (2026) (1) In determining the latest day for performing an act that is required by this Code to be performed a prescribed number of days before a certain day, act, or event, all days preceding that day, including intervening Saturdays, Sundays, and legal holidays, are counted in the number of days so prescribed. (2) The latest day is included in the determination unless it is a Saturday, Sunday, or legal holiday, in which event the latest day is the first preceding day that is not a Saturday, Sunday, or legal holiday. *History: Ord. 21-017* ### Titles 2 to 3 ### Title 4 – Administrative Procedure Act – Regulations #### Subtitle 1 – Definitions; General Provisions ##### § 4-101 Definitions. Balt., Md., Code § 4-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Agency” means: (1) any department, board, commission, council, authority, committee, office, or other unit of City government; and (2) any officer or other individual who exercises authority comparable to that of the head of a unit of City government. (c) “Code” or “COBRA” means the Code of Baltimore Regulations Annotated. (d) “Director” means the Director of Legislative Reference or the Director’s designee. (e) “Notice of Proposed Action” means the form required for the submission of a proposed regulation to the COBRA Register as required by § 4-301(b) of this title. (f) “Notice of Regulation Development” means the form created by the Department of Legislative Reference to initiate the regulation promulgation process as required by § 4-205(a)(1) of this title. (g) “Promulgation” means the process of formally putting a regulation into effect. (h) “Register” or “COBRA Register” means the document published by the Department of Legislative Reference containing regulations proposed by units of City government that provides public notice of the proposed regulations for 30 days. (i) (1) “Regulation” means a statement or an amendment of a statement that: (i) has general application; (ii) has future effect; (iii) details or carries out the law that the City or an agency of the City administers; and (iv) is in any form, including: (A) a guideline; (B) an executive order; (C) a requirement; (D) a standard; (E) a statement of interpretation; or (F) a statement of policy. (2) “Regulation” does not include a statement, policy, directive, or operating procedure of City government that: (i) does not affect directly the rights of the public or the procedures available to the public; and (ii) either: (A) concerns only internal management of City government; or (B) requires compliance by City employees with provisions limited to attendance, conduct, training, discipline, or internal procedure. *History: Ord. 20-431* *History: Ord. 22-125* *History: Ord. 23-269* ##### § 4-102 Scope. Balt., Md., Code § 4-102 (2026) (a) This title applies only to regulations adopted by an agency that is authorized by law to adopt regulations. (b) If a law authorizes an agency to implement or enforce that law, the agency may adopt a regulation to implement or enforce that law even if the authority to adopt the regulation is not expressly stated in that law. (c) This title does not apply to any regulation adopted under the authority provided by federal or State law, to the extent that the federal or State law requires an adoption procedure that differs from the procedures required under this title. ##### § 4-103 Repeal of a regulation. Balt., Md., Code § 4-103 (2026) Except as provided in § 4-404 {“Removal of obsolete provisions”} of this title, the repeal of all or part of a previously adopted regulation shall be subject to the requirements and procedures set forth in this title. *History: Ord. 20-431* #### Subtitle 2 – Form of Regulations; Submission Before Publication ##### § 4-201 Citation of legal authority. Balt., Md., Code § 4-201 (2026) A regulation is not effective unless it contains a citation of the legal authority for the regulation. *History: Ord. 20-431* *History: Ord. 23-269* ##### § 4-202 Form of proposed regulation. Balt., Md., Code § 4-202 (2026) Except as otherwise provided in § 4-203 of this subtitle, regulations shall be written in plain language and shall conform to the style set forth in a style manual adopted by the Department of Legislative Reference. *History: Ord. 20-431* *History: Ord. 21-055* *History: Ord. 23-269* ##### § 4-203 Incorporation by reference. Balt., Md., Code § 4-203 (2026) (a) In this section, “incorporate by reference” means the method by which a regulation makes provisions of another document part of the regulation by reference to the other document. (b) An agency may incorporate by reference another document within a regulation if: (1) both the Director and the agency find that restating the text or graphics of the document within the regulation would be unduly cumbersome, expensive, or otherwise inexpedient; (2) the reference within the regulation fully identifies the: (i) incorporated document by title and date of publication or issuance; and (ii) the page or pages of the incorporated document the regulation comprises; (3) the reference clearly states which part or parts of the document are being incorporated, if the agency intends to incorporate only a portion of a document; and (4) the agency maintains a copy of the incorporated document that is: (i) available for public inspection on the agency’s website; and (ii) indexed in plain language so that the public may easily search for the location of different topics contained in the regulation. (c) An agency may incorporate later amendments or editions of a document previously incorporated by reference within a regulation only after compliance with the proposal, notice and publication, and adoption procedures set forth in this title. *History: Ord. 21-055* ##### § 4-204 Single subject. Balt., Md., Code § 4-204 (2026) A proposed regulation may not contain more than one subject matter. *History: Ord. 20-431* *History: Ord. 21-055* ##### § 4-205 Submission before publication. Balt., Md., Code § 4-205 (2026) (a) (1) (i) Before submitting a proposed regulation for inclusion in the Register, an agency shall submit the following to the Department of Legislative Reference for revision and approval of style and format: (A) the text of a proposed regulation; and (B) a Notice of Regulation Development in the form and with the content required by the Director. (ii) Upon receipt of the materials described in paragraph (1) of this subsection, the Department of Legislative Reference shall forward the Notice of Regulation Development to the City Solicitor for initial approval as to the legal authority to promulgate regulations. (2) After a proposed regulation is approved by the Department of Legislative Reference as required by paragraph (1) of this subsection, an agency shall then submit the proposed regulation to: (i) the City Solicitor for approval as to form and legal sufficiency; and (ii) the City Administrator for approval. (b) If an agency fails to comply with this section or if the Department of Legislative Reference or the City Solicitor fails to approve the regulation as specified in subsection (a): (1) the proposed regulation may not be adopted; and (2) if adopted, is not effective. *History: Ord. 20-431* *History: Ord. 21-055* *History: Ord. 23-269* #### Subtitle 3 – Notice and Comment Period; Publication in Register; Adoption ##### § 4-301 Notice of proposed regulation. Balt., Md., Code § 4-301 (2026) (a) After a proposed regulation has been approved by the Department of Legislative Reference, the City Solicitor, and the City Administrator, as described in § 4-205 of this title, the agency shall submit the proposed regulation to the Department of Legislative Reference for publication in the Register to solicit public comment for at least 30 days. (b) To have a proposed regulation published in the Register, an agency shall submit to the Department of Legislative Reference: (1) the proposed regulation; and (2) a Notice of Proposed Action in the form and containing the information required by the Department of Legislative Reference. (c) An agency shall publish the text of a proposed regulation on the agency’s website no later than 3 business days after the date that the proposed regulation is published in the Register. *History: Ord. 20-431* *History: Ord. 23-269* ##### § 4-302 Effect of notice. Balt., Md., Code § 4-302 (2026) Publication of the notice required by this subtitle: (1) creates a rebuttable presumption that the proposed regulation was adopted properly; and (2) is deemed to give a person who is subject to or affected by the proposed regulation notice of the contents of the proposed regulation. *History: Ord. 20-431* *History: Ord. 22-124* ##### § 4-303 COBRA Register. Balt., Md., Code § 4-303 (2026) (a) There is a COBRA Register that contains regulations proposed by units of City government. (b) (1) The Department of Legislative Reference shall publish the Register once per calendar month. (2) The Department of Legislative Reference shall distribute the Register each month by: (i) posting a copy of the Register on the Department of Legislative Reference’s website; and (ii) providing a copy of the Register to: (A) each City councilmember; (B) each public library in the City; (C) the City Solicitor; and (D) the City Administrator. (c) (1) In general. Except as provided in paragraph (2) of this subsection, the Register shall contain: (i) a publication date; (ii) the proposed regulation or regulations; and (iii) a Notice of Proposed Action for each proposed regulation. (2) If there are no proposed regulations during a calendar month, the Department of Legislative Reference shall distribute a copy of the Register in accordance with subsection (b)(2) of this section that contains: (i) a publication date; and (ii) a memorandum stating that no regulations were proposed during the respective calendar month. (d) The Department of Legislative Reference shall determine procedures regarding the creation, publication, and distribution of the Register. *History: Ord. 23-269* ##### § 4-304 Review by Committee. Balt., Md., Code § 4-304 (2026) (a) In this section, “Committee” means the Committee on Legislative Investigations, established by City Code Article 1, § 1-4 {“Committee on Legislative Investigations”}. (b) (1) On receipt of written notification or notifications by the Chair of the Committee from at least 3 councilmembers within 15 days from the receipt of the Register described in § 4-303 {“COBRA Register”}, a 60-day period of review of the proposed regulation shall commence before the Committee. (2) A review under this section may include holding a public hearing before the Committee. (c) In its review under this section, the Committee shall consider whether the proposed regulation: (1) conforms with the legal authority of the agency; and (2) reasonably complies with the legislative intent of the law under which the regulation was proposed. (d) (1) During the Committee’s 60-day review period, the proposed regulation may not be adopted nor may it become effective. (2) On the expiration of the 60-day period, the agency may proceed with the formal adoption of the proposed regulation as provided in this title. *History: Ord. 20-431* *History: Ord. 22-124* *History: Ord. 23-269* ##### § 4-305 Adoption or re-publication. Balt., Md., Code § 4-305 (2026) (a) (1) After the notice and comment period described in § 4-301 {“Notice of proposed regulation”} of this subtitle has expired, if an agency makes changes to the text of the proposed regulation, the agency shall submit the changed proposed regulation to the City Solicitor. (2) The City Solicitor shall determine whether the change in the proposed regulation is a material change. (b) If the City Solicitor determines that an agency has made a material change to the text of a proposed regulation, the agency may not adopt the proposed regulation unless it is proposed anew, re-published, and adopted in accordance with the requirements of this title. (c) If, after the notice and comment period, the agency has not made a change in the proposed regulation or if the City Solicitor determines that a change in the proposed regulation is not material, the agency may adopt and implement the proposed regulation only after: (1) securing the written approval of the agency head; and (2) filing the regulation with the Director for COBRA codification. (d) If an agency fails to adopt a proposed regulation within 180 days after the date the proposed regulation was initially published in the Register, the regulation shall be deemed withdrawn and may not be adopted unless proposed anew and adopted in accordance with the requirements of this subtitle. *History: Ord. 20-431* *History: Ord. 21-055* *History: Ord. 23-269* ##### § 4-306 Emergency regulations. Balt., Md., Code § 4-306 (2026) (a) In this section, “state of emergency” means a period of time in which: (1) a proclamation has been issued by the Governor declaring a state of emergency under Title 14, Subtitle 3 of the State Public Safety Article {“Governor’s Emergency Powers”}; (2) a proclamation has been issued by the Governor declaring a catastrophic health emergency under Title 14, Subtitle 3A of the State Public Safety Article {“Governor’s Health Emergency Powers”}; or (3) an order or proclamation has been issued by the Mayor declaring a state of emergency under § 14-111 {“Local state of emergency”} of the State Public Safety Article. (b) (1) During a state of emergency, an agency may suspend the provisions of this title and adopt temporary regulations if: (i) the underlying cause of the state of emergency requires its adoption; and (ii) the public interest will be materially harmed if the regulation does not take effect immediately. (2) Any temporary regulation adopted under this section is effective on: (i) approval by the City Solicitor for form and legal sufficiency; (ii) approval by the Department of Legislative Reference for form and use of plain language; (iii) signature by the agency; and (iv) filing with the director. (3) (i) Except as provided in subparagraph (ii) of this paragraph, any temporary regulation adopted under this section expires and no longer has legal effect on the 90th day after the state of emergency has been lifted. (ii) If, within the 90 days after a state of emergency has been lifted, an agency submits a temporary regulation to the City Solicitor and the Department of Legislative Reference as set forth in § 4-205 {“Submission before publication”} and § 4-301 {“Notice of proposed regulation”} of this title and otherwise follows the notice and publication procedures set forth in this title to adopt that regulation as permanent, the regulation does not expire as stated in subparagraph (i) of this paragraph. *History: Ord. 20-431* *History: Ord. 22-124* *History: Ord 23-269* #### Subtitle 4 – Codification ##### § 4-401 Effective date of regulations. Balt., Md., Code § 4-401 (2026) Except as provided in § 4-306 {“Emergency regulations”} of this title, if the agency proposing a regulation has fulfilled the requirements set forth in § 4-205 {“Submission before publication”} and § 4-301 {“Notice of Proposed Regulation”} of this title regulation is effective on submission to the Director for COBRA codification, unless a later effective date is specified by law or in the adopted regulation. *History: Ord. 20-431* *History: Ord. 21-055* *History: Ord. 23-269* ##### § 4-402 Code of Baltimore Regulations Annotated. Balt., Md., Code § 4-402 (2026) (a) The Code of Baltimore Regulations Annotated is established. (b) The Director shall publish a Code of Baltimore Regulations Annotated (COBRA) that includes: (1) each then-current regulation adopted by an agency; (2) any other document that the Director determines should be included; (3) any explanatory annotation the Director deems necessary; and (4) an index by agency and subject matter. (c) The Code shall be published on the Department of Legislative Reference’s website. *History: Ord. 20-431* ##### § 4-403 Correction of errors. Balt., Md., Code § 4-403 (2026) After providing notice to, and in consultation with, the City Solicitor and the relevant agency, the Director may correct non-substantive drafting, style, or typographical errors within the Code. *History: Ord. 20-431* ##### § 4-404 Removal of obsolete provisions. Balt., Md., Code § 4-404 (2026) (a) With the approval of the City Solicitor, an agency may request that the Director remove from the Code: (1) a part of a regulation that has been held unconstitutional by a court of competent final jurisdiction; or (2) a regulation whose specific enabling law has been repealed. (b) The requesting agency shall state with particularity why the regulation is obsolete and, if approved for removal by the City Solicitor, the Director shall include that reason as an annotation within the Code. *History: Ord. 20-431* *History: Ord. 22-124* ##### § 4-405 Balt., Md., Code § 4-405 (2026) Reserved ### Titles 5 et seq. ## – Health Code ### Title 1 – Definitions; General Provisions #### Subtitle 1 – Definitions ##### § 1-101 In general. Balt., Md., Code § 1-101 (2026) In this article, the following terms have the meanings indicated. *History: Ord. 99-548* ##### § 1-102 Commissioner. Balt., Md., Code § 1-102 (2026) “Commissioner” means the Commissioner of Health or the Commissioner’s designee. *History: Ord. 99-548* *History: Ord. 22-125* ##### § 1-103 Department. Balt., Md., Code § 1-103 (2026) “Department” means the Baltimore City Department of Health. *History: Ord. 99-548* *History: Ord. 22-125* ##### § 1-104 Physician. Balt., Md., Code § 1-104 (2026) “Physician” means an individual authorized by law to practice medicine in the State of Maryland. *History: Ord. 99-548* *History: Ord. 22-125* ##### § 1-105 Police officer. Balt., Md., Code § 1-105 (2026) “Police officer” includes, to the extent of that individual’s authority, any individual authorized to act as a Special Enforcement Officer under City Code Article 19, § 71-1 {“Special Enforcement Officers — Appointment; duties”}. *History: Ord. 99-548* *History: Ord. 22-125* #### Subtitle 2 – Rules of Interpretation ##### § 1-201 In general. Balt., Md., Code § 1-201 (2026) In interpreting and applying this article, the following rules of interpretation apply: (1) those contained in Subtitles 2 and 3 of the City Code’s General Provisions Article; and (2) any additional rules contained in this subtitle. *History: Ord. 99-548* *History: Ord. 22-125* ##### § 1-202 Conflicting provisions. Balt., Md., Code § 1-202 (2026) (a) In their interpretation and application, the provisions of this article must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. (b) If any condition imposed by a provision of this article is either more or less restrictive than a comparable condition imposed by any other provision of this article or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. *History: Ord. 99-548* *History: Ord. 22-125* ##### § 1-203 Mail. Balt., Md., Code § 1-203 (2026) Whenever this article requires the use of “registered mail” or “certified mail”, either method may be used. *History: Ord. 99-548* *History: Ord. 22-125* #### Subtitle 3 – Short Title ##### § 1-301 Short title. Balt., Md., Code § 1-301 (2026) This article may be cited as the “Health Code of Baltimore City”. *History: Ord. 99-548* ### Title 2 – Department of Health #### Subtitle 1 – Organization and General Authority ##### § 2-101 Department established. Balt., Md., Code § 2-101 (2026) There is a Department of Health, as established in Article VII, § 54 of the City Charter. *History: Ord. 99-548* ##### § 2-102 Commissioner. Balt., Md., Code § 2-102 (2026) The head of the Department is the Commissioner of Health, who is appointed as provided in Article VII, § 55 of the City Charter. *History: Ord. 99-548* ##### § 2-103 Deputies, assistants, etc. Balt., Md., Code § 2-103 (2026) (a) The Commissioner may appoint deputies, assistants, professional employees, and other officers and employees as provided in the Ordinance of Estimates. (b) While on duty, all officers and employees of the Department must have and, on request, display official identification denoting their employment. *History: Ord. 99-548* ##### § 2-103.1 Suicide Prevention Coordinator. Balt., Md., Code § 2-103.1 (2026) (a) There is a Suicide Prevention Coordinator within the Health Department. (b) The Suicide Prevention Coordinator shall: (1) collaborate with system partners to support behavioral health system management; and (2) work to prevent suicides and mental health crises. (c) The Suicide Prevention Coordinator is authorized to: (1) reach out to community organizations, groups and agencies to inform them about available resources regarding suicide prevention; (2) coordinate and provide suicide prevention trainings and trainings regarding the relationship between trauma and suicide as needed; (3) carry out new public awareness prevention strategies; (4) distribute resource materials as appropriate; (5) generally collaborate with: (i) the State Behavioral Health Administration’s Office of Suicide Prevention; (ii) the Baltimore Police Department; (iii) the Fire Department; (iv) local emergency departments; (v) Baltimore Crisis Response; (vi) the Baltimore City Public School System; (vii) academic partners; (viii) people with mental health conditions; and (ix) other local agencies and services; (6) collaborate with the Health Department’s Child Fatality Review team and the Health Department’s Maternal Mortality Review team to develop and implement prevention plans; (7) collaborate with emergency departments, pediatricians, primary care physicians, the Baltimore City Public School System, and colleges and universities to encourage screening for suicidality and to establish continuity of care for patients at risk of suicide; (8) develop and coordinate a data collection and analysis plan to determine trends regarding suicides and suicide attempts; (9) develop a plan of action to reduce suicides in Baltimore City; (10) provide consultations to mental health, school, juvenile, and social services professionals; (11) represent the Health Department in interagency meetings and committees; (12) support system accountability to ensure that services are responsive to the behavioral health needs of Baltimore City residents; (13) work with diverse populations in Baltimore City to actively decrease stigma associated with mental health; and (14) fulfill other related duties as assigned by the Health Commissioner. (d) The Health Commissioner may elect to contract with the local behavioral health authority to fill the Suicide Prevention Coordinator position. *History: Ord. 21-063* ##### § 2-104 Commissioner’s Charter powers. Balt., Md., Code § 2-104 (2026) Under Article VII, § 56 of the City Charter, the Commissioner has the general care of and responsibility for: (1) enforcing all laws for the preservation of the health of the inhabitants of the City; (2) the study and prevention of disease, epidemics, and nuisances affecting public health; and (3) establishing and implementing policies for: (i) treating and preventing physical and mental illnesses; and (ii) educating the public about environmental, physical, and mental health. *History: Ord. 99-548* ##### § 2-105 General duties. Balt., Md., Code § 2-105 (2026) In addition to any duties set forth elsewhere, the Commissioner has the following duties: (1) to observe and inspect areas in and near the City that might be health hazards; (2) to enforce all laws relating to health and the correction of health hazards; (3) in the absence of a law needed to correct a health hazard, to report and recommend to the Mayor any extraordinary action needed; (4) to investigate and report all cases of communicable diseases and take immediate action to stop their spread; (5) to remove and abate nuisances; and (6) to report to and advise the Mayor and other City authorities on all matters relating to the preservation of the health of the people. *History: Ord. 99-548* ##### § 2-106 Rules and regulations. Balt., Md., Code § 2-106 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner may adopt and enforce rules and regulations to carry out this article. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ##### § 2-107 Right of entry. Balt., Md., Code § 2-107 (2026) (a) The Commissioner may, at all reasonable times, enter any structure or premises within the City: (1) whenever the Commissioner has reason to believe that a health hazard, nuisance, or violation of this article exists in or is emanating from that structure or premises; (2) to inspect any property, facilities, equipment, operations, animals, records, or other things required or authorized by this article to be inspected; or (3) otherwise as necessary or appropriate to enforce this article. (b) (1) In this subsection, “dwelling” has the meaning stated in § 5-301(b) of this article. (2) The entry and inspection of a dwelling must be made in accordance with § 104.6 {“Right of entry”} of the Baltimore City Building Code. (3) A search warrant must be obtained in accordance with § 104.6 {“Right of entry”} of the Baltimore City Building Code, except as otherwise specified in that section. *History: Ord. 99-548* *History: Ord. 02-475* *History: Ord. 13-093* #### Subtitle 2 – Cooperation with Department ##### Part I – Physicians; Police ###### § 2-201 Physicians to report and assist. Balt., Md., Code § 2-201 (2026) On notice from the Commissioner, any practicing physician in the City must provide information, advice, and assistance to the Commissioner in all matters that relate to the preservation of the health of the people and the prevention of communicable diseases. *History: Ord. 99-548* ###### § 2-202 Police to execute orders. Balt., Md., Code § 2-202 (2026) Baltimore City Police Officers are directed to execute all orders of the Commissioner that relate to the preservation of the health in the City. *History: Ord. 99-548* ###### §§ 2-203 to 2-204 Balt., Md., Code § 2-203 to 2-204 (2026) Reserved ##### Part II – Prohibited Conduct ###### § 2-205 Obstructing, etc., Departmental personnel. Balt., Md., Code § 2-205 (2026) No person may knowingly obstruct, resist, or interfere with the Commissioner or any officer or employee of the Department while carrying out their powers and duties. *History: Ord. 99-548* ###### § 2-206 Impersonating Departmental personnel. Balt., Md., Code § 2-206 (2026) No person may, without authority to do so: (1) use any identification issued to employees of the Department; or (2) otherwise represent him- or herself as an employee of the Department. *History: Ord. 99-548* ###### § 2-207 Failure to comply with Commissioner’s order or notice. Balt., Md., Code § 2-207 (2026) No person may refuse, neglect, or otherwise fail to comply with any order or notice issued under this article by or under the authority of the Commissioner. *History: Ord. 99-548* ###### §§ 2-208 to 2-209 Balt., Md., Code § 2-208 to 2-209 (2026) Reserved ##### Part III – Penalties. ###### § 2-211 Violation a misdemeanor. Balt., Md., Code § 2-211 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties provided in this Part III. *History: Ord. 99-548* ###### § 2-212 Basic penalty: $500. Balt., Md., Code § 2-212 (2026) Except as otherwise specified in this Part III, the penalty for a violation of this subtitle is a fine of not more than $500 for each offense. *History: Ord. 99-548* ###### § 2-213 Failure to obey notice or order: $200 plus $50/day. Balt., Md., Code § 2-213 (2026) Unless a higher penalty is specified in this article for the same offense, the penalty for a violation of § 2-207 {“Failure to comply with order or notice”} of this subtitle is a fine of not more than $200 for each offense, plus $50 for each day that the offense continues. *History: Ord. 99-548* #### Subtitle 3 – Administrative Hearings ##### § 2-301 Scope of subtitle. Balt., Md., Code § 2-301 (2026) (a) Except as otherwise specified in this article, this subtitle applies whenever: (1) a person is aggrieved by a notice, order, decision, or other action of the Department; or (2) the Department proposes to deny, revoke, suspend, or refuse to renew a license or permit. (b) This subtitle does not apply to matters that: (1) relate to the Health Department’s Office of Animal Control, or (2) otherwise arise under Title 10 {“Animal Control and Protection”} of this article. *History: Ord. 99-548* *History: Ord. 15-322* ##### § 2-302 Opportunity for hearing. Balt., Md., Code § 2-302 (2026) (a) (1) Before the Commissioner takes any final action to deny, revoke, suspend, or refuse to renew a license or permit, the Commissioner must notify the person against whom the action is contemplated of the proposed action. (2) The notice must: (i) be in writing; and (ii) state that a hearing will be provided if, within 10 days of the notice (or any longer period specified in the notice), the person files with the Commissioner a written request for a hearing. (b) (1) In all other situations, any person aggrieved by a notice, order, decision, or other action of the Department may request a hearing on the matter. (2) The request must: (i) be in writing; (ii) state the grounds on which the person is contesting the notice, decision, order, or other action; and (iii) unless a different time is specified in this article, be filed with the Commissioner within 10 days of the notice, decision, order, or other action. *History: Ord. 99-548* ##### § 2-303 Delegation of hearing authority. Balt., Md., Code § 2-303 (2026) (a) Hearings may be conducted by: (1) the Commissioner; or (2) a hearing officer designated by the Commissioner. (b) The Commissioner may delegate to a hearing officer the authority to issue: (1) proposed or final findings of fact; (2) proposed or final conclusions of law; (3) proposed or final findings of fact and conclusions of law; (4) proposed or final orders; or (5) the final administrative decision of the Department. *History: Ord. 99-548* ##### § 2-304 Conduct of hearing. Balt., Md., Code § 2-304 (2026) (a) (1) The Commissioner must provide all parties reasonable written notice of the hearing. (2) The notice must state: (i) the date, time, place, and nature of the hearing; (ii) the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; (iii) the right of a party to call witnesses and submit documents or other evidence under § 2-305 of this subtitle; and (iv) that failure to appear for the scheduled hearing may result in an adverse action against the party. (b) Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be: (1) open to the public; and (2) conducted in an orderly but informal manner. *History: Ord. 99-548* ##### § 2-305 Evidence. Balt., Md., Code § 2-305 (2026) (a) Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply. (b) On a genuine issue of fact, a party is entitled to: (1) call witnesses; (2) offer evidence, including rebuttal evidence; (3) cross-examine any witness that another party or the Department calls; and (4) present summation and argument. (c) The Commissioner or hearing officer: (1) may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; (2) may not exclude evidence solely on the basis that it is hearsay; (3) must give effect to a privilege recognized by law; (4) may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; (5) may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and (6) may exclude evidence that is: (i) incompetent; (ii) irrelevant; (iii) immaterial; or (iv) unduly repetitious. *History: Ord. 99-548* ##### § 2-306 Final decisions. Balt., Md., Code § 2-306 (2026) (a) A final decision must: (1) be in writing; and (2) contain separate statements of: (i) the findings of fact; (ii) the conclusions of law; and (iii) the decision or order. (b) A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record. *History: Ord. 99-548* ##### § 2-307 Judicial and appellate review. Balt., Md., Code § 2-307 (2026) (a) A party aggrieved by a final decision under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 99-548* *History: Ord. 04-672* ### Title 3 – Health Facilities #### Subtitle 1 #### Subtitle 2 – Nursing Homes ##### § 3-201 “Nursing home” defined. Balt., Md., Code § 3-201 (2026) In this subtitle, “nursing home” means: (1) a comprehensive care facility, as defined in COMAR 10.07.02.01B(6); (2) an assisted living program, as defined in COMAR 10.07.14.02B(10); and (3) an extended care facility, as defined in COMAR 10.07.02.01B(12). *History: Ord. 99-548* ##### § 3-202 Cooling requirements. Balt., Md., Code § 3-202 (2026) From June 1 through September 30 of each year, every nursing home must maintain and operate, throughout all rooms and areas that are occupied or used by residents, a cooling system that maintains a temperature of less than 82° F. *History: Ord. 99-548* ##### § 3-203 Equipment and supply standards. Balt., Md., Code § 3-203 (2026) (a) The Commissioner must develop standards and requirements for the following items used in nursing homes: (1) patient lifting and mobility equipment; (2) bathroom and shower equipment; and (3) linens and toiletries. (b) Every nursing home must comply with the standards and requirements adopted under this section. *History: Ord. 99-548* ##### §§ 3-204 to 3-205 Balt., Md., Code § 3-204 to 3-205 (2026) Reserved ##### § 3-206 Civil penalties: $1,000. Balt., Md., Code § 3-206 (2026) (a) Any person who violates any provision of this subtitle is subject to a civil fine of not more than $1,000 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 99-548* #### Subtitle 3 – City Clinics and Centers ##### § 3-301 Commissioner may establish. Balt., Md., Code § 3-301 (2026) The Commissioner of Health may establish health clinics and centers in the City. *History: Ord. 99-548* ##### § 3-302 Operational guidelines and procedures. Balt., Md., Code § 3-302 (2026) (a) The Commissioner must adopt guidelines and procedures for the administration and operation of these clinics and centers. (b) Among other matters, the guidelines and procedures must govern: (1) the eligibility of individuals for services; and (2) the fees to be charged for those services. *History: Ord. 99-548* ##### § 3-303 Fees. Balt., Md., Code § 3-303 (2026) Fees for services at City clinics and centers: (1) may not exceed the actual cost of the services; and (2) must be approved by the Board of Estimates. *History: Ord. 99-548* #### Subtitle 4 – Temporary Hospitals ##### § 3-401 Establishment. Balt., Md., Code § 3-401 (2026) To prevent morbidity or mortality constituting a threat to public health, the Commissioner of Health, with the approval of the Mayor may: (1) rent or erect suitable structures for temporary hospitals or places to receive the sick or infected; and (2) require sick or infected individuals to be moved to these temporary hospitals or places. *History: Ord. 99-548* ##### § 3-402 Rules and regulations. Balt., Md., Code § 3-402 (2026) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner may, with the approval of the Mayor, adopt rules and regulations to govern: (1) all temporary hospitals or places established under this section; and (2) all individuals residing in or in any way concerned with them. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ##### § 3-403 Individuals too sick to move. Balt., Md., Code § 3-403 (2026) If an individual cannot be moved without danger to his or her health, the house or place where he or she remains is considered to be a temporary hospital for purposes of this subtitle. *History: Ord. 99-548* ##### §§ 3-404 to 3-405 Balt., Md., Code § 3-404 to 3-405 (2026) Reserved ##### § 3-406 Penalties: $500. Balt., Md., Code § 3-406 (2026) (a) Any person who violates a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 99-548* #### Subtitle 5 – Limited-Service Pregnancy Centers ##### § 3-501 “Limited-service pregnancy center” defined. Balt., Md., Code § 3-501 (2026) In this subtitle, “limited-service pregnancy center” means any person: (1) whose primary purpose is to provide pregnancy-related services; and (2) who: (i) for a fee or as a free service, provides information about pregnancy-related services; but (ii) does not provide or refer for: (A) abortions; or (B) nondirective and comprehensive birth-control services. *History: Ord. 09-252* ##### § 3-502 Disclaimer required. Balt., Md., Code § 3-502 (2026) (a) A limited-service pregnancy center must provide its clients and potential clients with a disclaimer substantially to the effect that the center does not provide or make referral for abortion or birth-control services. (b) The disclaimer required by this section must be given through 1 or more signs that are: (1) written in English and Spanish; (2) easily readable; and (3) conspicuously posted in the center’s waiting room or other area where individuals await service. *History: Ord. 09-252* ##### § 3-503 Violation notice. Balt., Md., Code § 3-503 (2026) If the Health Commissioner learns that a pregnancy center is in violation of this subtitle, the Commissioner shall issue a written notice ordering the center to correct the violation within 10 days of the notice or within any longer period that the Commissioner specifies in the notice. *History: Ord. 09-252* ##### §§ 3-504 to 3-505 Balt., Md., Code § 3-504 to 3-505 (2026) Reserved ##### § 3-506 Enforcement by citation. Balt., Md., Code § 3-506 (2026) (a) The failure to comply with an order issued under § 3-503 {“Violation notice”} of this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 09-252* #### Subtitle 6 – City Schools ##### § 3-601 Definitions. Balt., Md., Code § 3-601 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Abnormal EPSDT screening” means a medical screening done as part of an EPSDT regimen that produces: (1) inconclusive results; (2) ambiguous results; or (3) results that require further testing. (c) “Baltimore City Public School System” or “BCPSS” means the public school district of the City of Baltimore. (d) “Early and Periodic Screening, Diagnosis, and Treatment” or “EPSDT” means the provision of preventive health care under 42 CFR Subpart B {“Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) of Individuals Under Age 21”}, including medical and dental services to assess growth and development and to detect and treat health problems in Medicaid beneficiaries under 21 years old. (e) “Family planing” means providing individuals with the information and means to prevent an unwanted pregnancy and to maintain reproductive health. (f) “Follow-up care” means: (1) any treatment or practice recommended as medically necessary to address abnormal or positive results of an EPSDT screening by a licensed healthcare professional; and (2) the process of attempting to ascertain if the recommended services have been obtained. (g) “Maryland Healthy Kids Preventive Health Schedule” means the schedule set by the State Department of Health’s Healthy Kids Program as a minimum EPSDT practice for all Maryland Medicaid recipients under 21 years of age, consisting of: (1) standard health screenings; (2) physical exams; (3) laboratory tests; (4) immunizations; and (5) health education. (h) “Medically necessary” means that a health service is: (1) directly related to diagnostic, preventive, curative, palliative, rehabilitative, or ameliorative treatment of an illness, injury, disability, or health condition; (2) consistent with currently accepted standards of good medical practice; (3) the most cost efficient service that can be provided without sacrificing effectiveness or access to care; and (4) not primarily for the convenience of the consumer, family, or provider. (i) “Positive EPSDT screening” means a medical screening conducted by a licensed health professional as part of an EPSDT regimen that produces positive results indicating the presence of the tested-for condition. (j) “Preventive Health Services” means proactive care to detect potential health problems and protect and maintain a patient’s current health, including: (1) screenings for health conditions; (2) counseling for chronic conditions; (3) regular health checkups; and (4) immunizations. (k) “Primary health services” means a basic level of health care, including diagnostic, treatment, consultative, referral, and preventive health services, generally rendered by 1 or more: (1) general practitioners; (2) family practitioners; (3) internists; (4) gynecologists; (5) pediatricians; (6) physician assistants; and (7) nurse practitioners. (l) “School-based health center” means a facility providing medical care that: (1) is located on the grounds of a BCPSS facility; (2) provides on site primary and preventive health care, referrals, and follow-up services; (3) may provide on site dental care or behavioral health care, referrals, and follow-up services; and (4) has been approved by the Maryland Department of Health. (m) “School health services professional” or “school health professional” means a physician, certified nurse practitioner, or registered nurse with experience, special training, or both in working with children and families in community or school health programs and practices in accordance with the current State medical and nursing standards of care. *History: * ##### § 3-602 Child health equity services. Balt., Md., Code § 3-602 (2026) (a) The following health services may be provided at any school-based health center: (1) comprehensive preventive and primary health services, including administration of vaccines according to the Maryland Healthy Kids Preventative Health Schedule; (2) access to family planning, dental, and mental health services; and (3) access to vision care at the written request of a child’s guardian. *History: * ##### § 3-603 Follow-up care. Balt., Md., Code § 3-603 (2026) (a) For any positive or abnormal EPSDT screening of a student, the school health professional that performed the screening shall communicate the need for follow-up care, as appropriate and in accordance with all laws related to minor consent, to either or both of: (1) the student; or (2) the student’s parent or guardian. (b) If a school health services professional determines that an additional screening or health check-up is necessary for a student, the professional shall make a recommendation for an additional screening or health check-up to the student or the student’s parent or guardian, as appropriate. *History: * ##### § 3-604 Rules and regulations. Balt., Md., Code § 3-604 (2026) Subject to Title 4 {“Administrative Procedure Act B Regulations”} of the City General Provisions Article, the Commissioner of the Baltimore City Health Department may adopt rules and regulations to carry out this subtitle. *History: * ### Title 4 – Disease Control #### Subtitle 1 – General Provisions ##### § 4-101 Nature of reports. Balt., Md., Code § 4-101 (2026) (a) The making of a report as required or permitted by this title is not a breach of a patient’s confidentiality. (b) Except as otherwise required by law, all reports made under this title are confidential and not open to public inspection. *History: Ord. 99-548* ##### § 4-102 Form and contents of reports. Balt., Md., Code § 4-102 (2026) (a) All reports must be made in writing, in the form that the Commissioner requires. (b) In addition to any other information specified in this title or required by the Commissioner, all reports must contain the following patient information, to the extent known: (1) name; (2) place of dwelling; (3) date of birth or, if not known, approximate age; (4) sex; (5) race/ethnicity; and (6) occupation. *History: Ord. 99-548* ##### § 4-103 Inspection of records. Balt., Md., Code § 4-103 (2026) The Commissioner may inspect the records of any person or facility subject to this title to determine compliance with this title. *History: Ord. 99-548* #### Subtitle 2 – Reporting Diseases — In General ##### Part I – By Health Care Practitioners ###### § 4-201 Physicians. Balt., Md., Code § 4-201 (2026) (a) Every physician must report to the Commissioner of Health every confirmed or suspected diagnosis of any disease or condition that, the Commissioner specifies by rule or regulation adopted under § 2-106 {“Rules and regulations”} of this article for purposes of this section . (b) Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of the diagnosis. (c) In addition to the information required by § 4-102 {“Form and contents of reports”} of this title, the report must contain the following information: (1) the identity of the disease or condition; and (2) the date of its onset. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ###### § 4-202 Health care facilities. Balt., Md., Code § 4-202 (2026) (a) The chief administrative officer of each hospital, related institution, clinic, pharmacy, or other health care facility must appoint an individual from the facility’s full-time staff to serve as the facility’s reporting officer. (b) The reporting officer must report to the Commissioner every confirmed or suspected diagnosis of any disease or condition that the Commissioner specifies by rule or regulation adopted under § 2-106 {“Rules and regulations”} of this article for purposes of this section. (c) Except for specified diseases or conditions that the Commissioner or State law requires to be reported on a more timely basis, the report must be made within 48 hours for all patients who have been: (1) newly admitted to the facility; (2) admitted to an isolation ward; (3) treated on an emergency or out-patient basis; or (4) discharged without having been previously reported. (d) In addition to the information required by § 4-102 {“Form and contents of reports”} of this title, the report must contain the following information: (1) the identity of the disease or condition; and (2) the date of its onset. (e) The reporting of a disease or condition under this section does not absolve the attending physician of the duty to report the same disease or condition under § 4-201 {“Physicians”} of this subtitle. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ###### § 4-203 Laboratories — in general. Balt., Md., Code § 4-203 (2026) (a) The individual in charge of any public or private medical laboratory must report to the Commissioner the result of any test of a specimen from a human body that is microscopic cultural, histological, pathological, immunological, serological, or other confirmed or suspected evidence of any disease or condition that the Commissioner specifies by rule or regulation adopted under § 2-106 {“Rules and regulations”} of this article for purposes of this section. (b) (1) Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of obtaining the test results. (2) When more than 1 specimen is taken from the same patient during a single disease episode, the individual in charge of the laboratory need not report every test result that shows evidence of the same disease if: (i) at least 1 positive test report is reported; and (ii) the Commissioner approves in writing the reporting of less than all test results. (c) In addition to the information required by § 4-102 {“Form and contents of reports”} of this title, the report must contain the following information: (1) the date and type of test performed; (2) the results of the test; (3) the name and address of the physician for whom the examination was performed; and (4) if applicable, an enumeration of colonies of acid-fast bacilli, according to Diagnostic Standards of the American Thoracic Society. (d) The result of a laboratory test: (1) is not to be considered a final diagnosis; and (2) does not absolve the attending physician of the duty to report her or his diagnosis of the case under § 4-201 {“Physicians”} of this subtitle. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ###### § 4-204 Laboratories — referral of cultures. Balt., Md., Code § 4-204 (2026) (a) The Commissioner may require that cultures containing acid-fast bacilli be referred to the Maryland State Laboratory unless they have been identified in accordance with standards set by the Commissioner. (b) The referral of cultures does not: (1) satisfy the reporting requirements of § 4-203 {“Laboratories — in general”} of this subtitle; or (2) excuse delay in transmitting a presumptive culture result to the attending physician. *History: Ord. 99-548* ###### §§ 4-205 to 4-206 Balt., Md., Code § 4-205 to 4-206 (2026) Reserved ##### Part II – By Others ###### § 4-207 Lodging facilities. Balt., Md., Code § 4-207 (2026) (a) In this section, “lodging facility” means any: (1) hotel or motel; (2) rooming house; (3) apartment house; (4) dwelling house; or (5) public or private institution in which individuals abide temporarily or permanently. (b) The individual in charge of a lodging facility must report to the Commissioner anyone in the lodging facility who is suffering from any disease or condition that the Commissioner specifies by rule or regulation adopted under § 2-106 {“Rules and regulations”} of this article for purposes of this section. (c) Unless a different time is set by the Commissioner or by State law, the report must be made within 24 hours of the individual’s being told or otherwise becoming aware of the disease or condition. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ###### § 4-208 Vessels in harbor. Balt., Md., Code § 4-208 (2026) (a) This section does not apply to a vessel that is in medical isolation. (b) The master, chief officer, or consignee of a vessel must report to the Commissioner anyone on board who is suspected of suffering from a communicable disease. (c) The report must be made immediately on the vessel’s coming within ¼ mile of any dock, wharf, or building in the City. (d) In addition to the information required by § 4-102 {“Form and contents of reports”} of this title, the report must contain the following information: (1) the name and location of the vessel; (2) the name of the suspected communicable disease; and (3) the name and condition of all individuals on board suffering from the disease. *History: Ord. 99-548* #### Subtitle 3 – Reporting Diseases — Tuberculosis ##### § 4-301 Laboratory test results. Balt., Md., Code § 4-301 (2026) (a) If a medical laboratory performs mycobacterial drug susceptibility tests of cultures that are identified as M. tuberculosis and that have not been referred to the Maryland Laboratories Administration for this determination, the individual in charge of the laboratory must report the test results to the Commissioner. (b) Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of obtaining the test results. *History: Ord. 99-548* ##### § 4-302 Drugs suggesting treatment. Balt., Md., Code § 4-302 (2026) (a) The individual in charge of any public or private pharmacy, other than a facility operated by the Department, must report to the Commissioner of Health whenever it dispenses any anti- tuberculosis medication that the Commissioner specifies by rule or regulation adopted under § 2-106 {“Rules and regulations”} of this article for purposes of this section. (b) Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of having dispensed the medication. (c) In addition to the information required by § 4-102 {“Form and contents of reports”} of this title, the report must contain the following information: (1) the type, and strength of medication issued; (2) the daily dosage; (3) the dosing schedule; (4) the total amount prescribed; (5) the name and address of the physician who issued the prescription; and (6) the date the medication was dispensed. (d) The prescription of medication: (1) is not to be considered a final diagnosis; and (2) does not absolve the attending physician of the duty to report her or his diagnosis of the case under § 4-201 {“Physicians”} of this subtitle. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ##### § 4-303 Physician’s contact investigation. Balt., Md., Code § 4-303 (2026) (a) A physician who treats a patient with tuberculosis must: (1) thoroughly investigate all individuals who might have been exposed to the patient at home, work, or otherwise; or (2) request the Commissioner to undertake this investigation. (b) If the physician undertakes the investigation required by this section, the physician must report the results to the Commissioner. (c) In addition to any other information that the Commissioner requires, the report must contain: (1) evidence that an investigation has been thoroughly conducted; (2) the identity of the source case; and (3) the following information about each individual tested: (i) the date and type of test performed; (ii) the results of the test; and (iii) the personal information listed in § 4-102 {“Form and contents of reports”} of this title. *History: Ord. 99-548* ##### § 4-304 Patient leaving hospital or institution. Balt., Md., Code § 4-304 (2026) (a) If a patient with a confirmed or suspected diagnosis of tuberculosis leaves a ward, emergency room, or outpatient department of a hospital or other institution without the consent or against the advice of a physician or other individual in charge, the physician or other individual in charge must notify the Commissioner of the patient’s departure. (b) Unless a different time is set by the Commissioner or by State law, the notice must be given within 24 hours of the patient’s departure. (c) The Commissioner may take whatever action is needed to protect the public from that patient. *History: Ord. 99-548* ##### § 4-305 Discontinued treatment. Balt., Md., Code § 4-305 (2026) (a) If any patient being treated for tuberculosis discontinues treatment before the period that the Commissioner sets for that treatment, the attending physician must notify the Commissioner of the discontinuance. (b) Unless a different time is set by the Commissioner or by State law, the notice must be given within 24 hours of the discontinuance. (c) The Commissioner may take whatever action is needed to protect the public from that patient. *History: Ord. 99-548* ##### § 4-306 Death from tuberculosis. Balt., Md., Code § 4-306 (2026) (a) Every physician or medical examiner must report to the Commissioner if he or she believes that an individual he or she attended or examined has died of tuberculosis. (b) Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of the death or the discovery of the disease, whichever is later. (c) In addition to the information required by § 4-102 {“Form and contents of reports”} of this title, the report must contain the place of death. *History: Ord. 99-548* #### Subtitle 4 – Controlling Communicable Diseases ##### § 4-401 “Communicable disease” defined. Balt., Md., Code § 4-401 (2026) In this subtitle, “communicable disease” means any contagious, infectious, or communicable disease or condition that the Commissioner specifies by rule or regulation adopted under § 2-106 {“Rules and regulations”} of this article for purposes of this subtitle. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ##### § 4-402 Investigations generally. Balt., Md., Code § 4-402 (2026) The Commissioner may investigate any report of a case or suspected case of a communicable disease or communicable disease carrier, to determine the source of infection and the need for restricting movement or isolating affected individuals. *History: Ord. 99-548* ##### § 4-403 Examinations of individuals. Balt., Md., Code § 4-403 (2026) (a) (1) Except as specified in paragraph (2) of this subsection, this section applies to any individual: (i) who has or whom the Commissioner of Health suspects on reasonable grounds of having a communicable disease; (ii) who is or whom the Commissioner suspects on reasonable grounds of being a communicable disease carrier; or (iii) who is or whom the Commissioner suspects on reasonable grounds of having been in contact with any individual described in item (i) or (ii) of this subsection. (2) This section may not be applied to interfere with any individual who is a bona fide practicing Christian Scientist and who receives treatment from registered Christian Science practitioners. (b) On request of the Commissioner, any individual described in subsection (a) of this section must, for the purpose of determining if she or he has a communicable disease or is a carrier: (1) undergo a medical examination; and (2) submit specimens of body fluids, secretion, excretion, or discharge for laboratory examination. (c) The medical examination may be made by: (1) the Commissioner or a physician selected by the Commissioner; or (2) at the option of the individual to be examined, any physician qualified to make this sort of examination. (d) The examining physician must promptly report the results of the examination to the Commissioner. *History: Ord. 99-548* ##### § 4-404 Action to prevent spread; public notice of disease. Balt., Md., Code § 4-404 (2026) Whenever a communicable disease is found to exist, the Commissioner may: (1) take all possible action to prevent the disease from spreading; and (2) give public notice of the disease and of affected places, by all means that the Commissioner believes would be effective, including the posting of affected places. *History: Ord. 99-548* ##### § 4-405 Vacating premises. Balt., Md., Code § 4-405 (2026) (a) Whenever an infectious agent is discovered in any dwelling or other building that is overcrowded, in a filthy and neglected state, or located in an unhealthy or crowded part of the City, the Commissioner, with the approval of the Mayor, may require the inhabitants of the building to move elsewhere while the City cleans and disinfects the building. (b) All expenses incurred under this section for moving, temporary housing, cleaning, and disinfecting are to be borne by the City. *History: Ord. 99-548* ##### § 4-406 Medical isolation — in general. Balt., Md., Code § 4-406 (2026) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner may require the medical isolation of individuals having a communicable or potentially communicable disease or condition dangerous to the public health. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ##### § 4-407 Medical isolation — court papers to be sealed. Balt., Md., Code § 4-407 (2026) In any court proceeding brought to enforce a medical isolation, all papers filed with the court: (1) must be sealed; and (2) may be inspected only by order of the court, on notice to the individual named in those papers and for good cause shown. *History: Ord. 99-548* ##### §§ 4-408 to 4-409 Balt., Md., Code § 4-408 to 4-409 (2026) Reserved ##### § 4-410 Prohibited conduct. Balt., Md., Code § 4-410 (2026) No person may: (1) refuse, neglect, or otherwise fail to undergo an examination as required by § 4-403{“Examinations of individuals”} of this subtitle; (2) remove or deface any notice posted under § 4-404 {“Action to prevent spread; public notice of disease”} of this subtitle; (3) refuse, neglect, or otherwise fail to comply fully with an order for medical isolation issued under authority of § 4-406 {“Medical isolation”} of this subtitle; (4) needlessly expose others to the risk of a communicable disease, whether by exposure of him- or herself, another person, a dead body, or any infected material; or (5) otherwise, by reason of non-cooperation or carelessness, endanger the public health. *History: Ord. 99-548* #### Subtitle 5 – Immunizations ##### Part I – Purpose and Need ###### § 4-501 In general. Balt., Md., Code § 4-501 (2026) Immunizations are a proven preventive measure in reducing the morbidity and mortality associated with childhood communicable diseases. Accordingly, to safeguard the public health and welfare, the City needs to attain and sustain an immunization coverage rate of at least 90% for age-appropriate vaccinations among infants and preschool children residing in the City. *History: Ord. 99-548* ###### § 4-502 Balt., Md., Code § 4-502 (2026) Reserved ##### Part II – Immunization Required ###### § 4-503 Parental responsibility. Balt., Md., Code § 4-503 (2026) Except as specified in § 4-506 {“Exceptions”} of this subtitle, every parent and guardian must provide for the timely and appropriate immunization of their minor children against all immunization-preventable childhood diseases, as specified by rule or regulation that the Commissioner adopts under § 2-106 {“Rules and regulations”} of this article. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ###### § 4-504 Scope of enforcement. Balt., Md., Code § 4-504 (2026) In enforcing this Part II, each child who is not properly immunized as required is considered a separate offense. *History: Ord. 99-548* ###### § 4-505 Rules and regulations. Balt., Md., Code § 4-505 (2026) In adopting rules and regulations under this Part II, the Commissioner must consider the recommendations of the Advisory Committee on Immunization Practices. *History: Ord. 99-548* ###### § 4-506 Exceptions. Balt., Md., Code § 4-506 (2026) This Part II does not apply: (1) to any child whose parent or guardian, in accordance with the rules and regulations of the State Secretary of Health and Mental Hygiene, objects to immunization on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices; or (2) if, because of a child’s medical condition, the administration of an immunizing agent could precipitate a medical emergency. *History: Ord. 99-548* ###### §§ 4-507 to 4-508 Balt., Md., Code § 4-507 to 4-508 (2026) Reserved ##### Part III – Pediatric Registry ###### § 4-509 Commissioner to establish registry. Balt., Md., Code § 4-509 (2026) The Commissioner of Health is directed to adopt rules and regulations under § 2-106 {“Rules and regulations”} of this article to implement a registry of immunization history for children residing in the City. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ###### § 4-510 Reports by health care providers. Balt., Md., Code § 4-510 (2026) (a) Each pediatric, family, and general health care provider must report to the Commissioner whenever that provider administers an immunizing agent to any child who is less than 5 years old and resides in the City. (b) The report must be made within 14 days after administering the immunizing agent. *History: Ord. 99-548* ###### § 4-511 Civil penalties: $1,000. Balt., Md., Code § 4-511 (2026) (a) Any health care provider who violates any provision of this Part III or of a rule or regulation adopted under it is subject to a civil penalty of not more than $1,000 for each violation. (b) In addition to imposing a fine, the court may: (1) issue an order for withholding publicly distributed vaccines or pediatric primary care funding or both vaccines and funding; and (2) order the Department to conduct a medical records audit of the health care provider, the cost of the audit to be paid by the health care provider. (c) Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part III. *History: Ord. 99-548* *History: Ord. 00-020* #### Subtitle 6 – Lead Poisoning ##### Part I – Screening Required ###### § 4-601 Parental responsibility. Balt., Md., Code § 4-601 (2026) Except as specified in § 4-603 {“Exceptions”} of this subtitle, every parent and guardian must provide for the timely and appropriate testing for lead poisoning of his or her minor children, as specified by the rules and regulations that the Commissioner adopts under § 2-106 {“Rules and regulations”} of this article. *History: Ord. 00-020* *History: Text Conformed 03/10/21* ###### § 4-602 Provider’s responsibility. Balt., Md., Code § 4-602 (2026) Except as specified in § 4-603 {“Exceptions”} of this subtitle, every pediatric and primary care health provider must order the timely and appropriate testing for lead poisoning of his or her minor patients, as specified by the rules and regulations that the Commissioner adopts under § 2-106 {“Rules and regulations”} of this article. *History: Ord. 00-020* *History: Text Conformed 03/10/21* ###### § 4-603 Exceptions. Balt., Md., Code § 4-603 (2026) This Part I does not apply to any child whose parent or guardian, in accordance with the rules and regulations of the State Secretary of Health and Mental Hygiene, objects to testing on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices. *History: Ord. 00-020* ###### § 4-604 Enforcement. Balt., Md., Code § 4-604 (2026) (a) In enforcing this Part I, each child who is not properly tested as required is considered a separate violation. (b) § 4-601{“Parental responsibility”} of this subtitle may be enforced by issuance of an environmental citation under Article 1, Subtitle 40 {“Environmental Control Board”} of the City Code. (c) Any provider who violates any provision of § 4-602 {“Provider’s responsibility”} of this subtitle or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation. (d) Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part I. *History: Ord. 00-020* ###### § 4-605 Balt., Md., Code § 4-605 (2026) Reserved ##### Part II – Registry; Reports ###### § 4-606 Commissioner to establish registry. Balt., Md., Code § 4-606 (2026) The Commissioner of Health is directed to adopt rules and regulations under § 2-106 {“Rules and regulations”} of this article to implement a registry of screening history for children residing in the City. *History: Ord. 00-020* *History: Text Conformed 03/10/21* ###### § 4-607 Reports by medical laboratories. Balt., Md., Code § 4-607 (2026) (a) Each medical laboratory must report to the Commissioner whenever that laboratory tests for lead poisoning any child who is less than 7 years old and who resides in the City. (b) The report must: (1) be made within 14 days after the test is conducted; and (2) contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations. *History: Ord. 00-020* ###### § 4-608 Reports by child care facilities. Balt., Md., Code § 4-608 (2026) (a) (1) In this section, “child care facility” means any facility that: (i) provides for the care, custody, or control of a minor child; and (ii) is required to be licensed by or registered with the State for that purpose. (2) Subject to the criteria contained in paragraph (1) of this subsection, “Child care facility” includes any: (i) child care center; (ii) child care home; (iii) child care institution; (iv) family day care home; (v) non-public nursery school; or (vi) non-public kindergarten. (b) Each child care facility must report to the Commissioner whenever that facility receives a State Health Inventory or other report that contains information on whether a child who resides in the City has been tested for lead poisoning. (c) The report must: (1) be made within 14 days after the State Health Inventory or other report is received by the facility; and (2) contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations. *History: Ord. 00-020* ###### § 4-609 Civil penalties: $100. Balt., Md., Code § 4-609 (2026) (a) Any person who violates any provision of this Part II or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation. (b) Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part II. *History: Ord. 00-020* ###### § 4-610 Balt., Md., Code § 4-610 (2026) Reserved ##### Part III – Public School Water Fountains ###### § 4-611 Inspections required. Balt., Md., Code § 4-611 (2026) (a) Every 2 years, the Health Commissioner shall test all activated water fountains at each of 10 randomly-selected public schools. (b) Testing shall be conducted at the expense of the Baltimore City School System. *History: Ord. 04-647* ###### § 4-612 Failing fountains. Balt., Md., Code § 4-612 (2026) Any water fountain that fails to meet EPA standards must be taken out of service. *History: Ord. 04-647* #### Subtitle 7 – Biological Terrorism Reporting ##### § 4-701 Definitions. Balt., Md., Code § 4-701 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Suspect symptoms” means those symptoms that, by rule or regulation adopted under § 2-106 of this article, the Commissioner designates as being indicative of a possible biological terrorist attack. *History: Ord. 01-259* *History: Text Conformed 03/10/21* ##### § 4-702 In general. Balt., Md., Code § 4-702 (2026) (a) Unless the Commissioner’s rules or regulations specify otherwise, each report required by this subtitle must be made daily for all events occurring within the preceding 24 hours. (b) Each report required by this subtitle must be made electronically, by a method and in the form the Commissioner’s rules or regulations specify. (c) Each report required by this subtitle must contain: (1) all of the information specified in this subtitle for that report; and (2) all other information that the Commissioner requires by rule or regulation. *History: Ord. 01-259* ##### § 4-703 EMS calls. Balt., Md., Code § 4-703 (2026) (a) The Emergency Medical System of the Baltimore City Fire Department must report to the Commissioner on all calls made to assist individuals who evidence suspect symptoms. (b) In addition to any other information required by rule or regulation, the report must specify for each reporting period: (1) the aggregate number of calls subject to the report; and (2) for each of these calls, the specific suspect symptom or symptoms identified. *History: Ord. 01-259* ##### § 4-704 Animal carcasses. Balt., Md., Code § 4-704 (2026) (a) The Department of Public Works, the Department of Transportation, and the Health Department’s Bureau of Animal Control must report to the Commissioner on animal carcasses that the Commissioner specifies by rule or regulation. (b) In addition to any other information required by rule or regulation, the report must specify for each reporting period: (1) the aggregate number of carcasses subject to the report; and (2) the number of carcasses for each species. *History: Ord. 01-259* *History: Ord. 15-435* ##### § 4-705 School absences. Balt., Md., Code § 4-705 (2026) (a) The Baltimore City Public School System must report to the Commissioner on all elementary school absences. (b) In addition to any other information required by rule or regulation, the report must specify for each reporting period: (1) the aggregate percentage of absences Citywide; and (2) the percentage of absences by grade. *History: Ord. 01-259* ##### § 4-706 Health Center treatments. Balt., Md., Code § 4-706 (2026) (a) The Baltimore City Community Health Centers must report to the Commissioner on all patients who evidence suspect symptoms. (b) In addition to any other information required by rule or regulation, the report must specify for each reporting period: (1) the aggregate number of patients subject to the report; and (2) for each of these patients, the specific suspect symptom or symptoms identified. *History: Ord. 01-259* ##### § 4-707 Emergency department visits. Balt., Md., Code § 4-707 (2026) (a) The reporting officer of each hospital, related institution, clinic, or other health care facility, as appointed under § 4-202 of this title, must report to the Commissioner on all emergency department visits by individuals who evidence suspect symptoms. (b) In addition to any other information required by rule or regulation, the report must specify for each reporting period: (1) the aggregate number of patients subject to the report; and (2) for each of these patients, the specific suspect symptom or symptoms identified. *History: Ord. 01-259* ##### § 4-708 Medications. Balt., Md., Code § 4-708 (2026) (a) The individual in charge of any public or private pharmacy must report to the Commissioner on all sales of any over-the-counter medication that the Commissioner designates by rule or regulation as being a medication used for the treatment of suspect symptoms. (b) In addition to any other information required by rule or regulation, the report must specify, for each medication sold during a reporting period: (1) the type and strength of that index medication; and (2) the aggregate number of units sold during the reporting period. *History: Ord. 01-259* #### Subtitle 8 #### Subtitle 9 – Penalties ##### § 4-901 Violation a misdemeanor. Balt., Md., Code § 4-901 (2026) Except as otherwise specified in this title, any person who violates any provision of this title is guilty of a misdemeanor and, on conviction, is subject to the penalties provided in this subtitle. *History: Ord. 99-548* *History: Ord. 00-020* ##### § 4-902 Basic penalty: $1,000 and 12 months. Balt., Md., Code § 4-902 (2026) Except as otherwise specified in this title, the penalty for a violation of this title is a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense. *History: Ord. 99-548* *History: Ord. 00-020* *History: Ord. 01-259* ##### § 4-903 Failure to vaccinate: $500. Balt., Md., Code § 4-903 (2026) The penalty for a violation of § 4-503 {“Parental responsibility”} of this title is a fine of not more than $500 for each offense. *History: Ord. 99-548* *History: Ord. 00-020* ### Title 5 – Nuisance Control #### Subtitle 1 – Definitions; General Provisions ##### § 5-101 Definitions. Balt., Md., Code § 5-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Nuisance” includes any of the following, whether or not otherwise regulated by federal, state, or local law: (1) garbage, rubbish, or other waste, as these terms are defined in Title 7 {“Waste Control”} of this article; (2) vermin infestations or other unsanitary conditions; (3) water or other liquid leaks or spills; or (4) any other health or safety hazard. (c) “Person in charge”, when used with reference to any property, means all persons who own that property or who have possession, charge, care, or control of that property, whether as a personal representative, trustee, guardian, agent, or otherwise, and whether alone or jointly with any other person. (d) (1) “Property” means all forms of real and personal property and possessions, (2) “Property” includes lots, structures, streets, wharves, docks, and other places. *History: Ord. 99-548* ##### § 5-102 Commissioner’s duties. Balt., Md., Code § 5-102 (2026) The Commissioner of Health is responsible for: (1) inspecting all property in the City, as the Commissioner considers necessary or appropriate to discover nuisances; and (2) requiring the removal of all nuisances so discovered. *History: Ord. 99-548* #### Subtitle 2 – Nuisance Abatement — Generally ##### § 5-201 Responsibility of persons in charge. Balt., Md., Code § 5-201 (2026) Every person in charge of any property is obligated, jointly and severally with all other persons in charge of that property, to: (1) remove or abate all nuisances on or originating from the property; and (2) comply with all health- or safety-related laws that affect the property. *History: Ord. 99-548* ##### § 5-202 Notice to persons in charge. Balt., Md., Code § 5-202 (2026) Whenever the Commissioner of Health discovers a condition that the Commissioner considers to be a nuisance or potential nuisance, the Commissioner may issue a written notice to one or more of the following persons or their respective agents: (1) the person in charge of the property on which the condition exists; (2) the person in charge of the property from which the condition originates; and (3) the person in charge of any property that fronts on the street in which the condition exists. *History: Ord. 99-548* ##### § 5-203 Contents of notice. Balt., Md., Code § 5-203 (2026) A notice issued under this subtitle must: (1) identify the property and the condition; (2) specify the law being violated; (3) specify the corrective action to be taken; (4) state the time within which that action must be taken; and (5) state that, if corrective action is not timely taken: (i) the Commissioner may do the needed work; and (ii) all costs and expenses will be a lien on the property. *History: Ord. 99-548* ##### § 5-204 Service of notice. Balt., Md., Code § 5-204 (2026) (a) A notice issued under this subtitle may be served by personal service or by certified mail, return receipt requested. (b) If the person to be served cannot be found, the Commissioner may: (1) post the notice on the property; or (2) publish the notice in a newspaper of general circulation in the City. *History: Ord. 99-548* ##### § 5-205 Abatement by Commissioner. Balt., Md., Code § 5-205 (2026) If the condition is not corrected within the time specified in the notice, the Commissioner may proceed to remove or abate the condition at the expense of the person in charge of the property. *History: Ord. 99-548* ##### § 5-206 Costs and expenses. Balt., Md., Code § 5-206 (2026) (a) The person in charge is liable to the City for all costs and expenses incurred in: (1) removing or abating the condition identified in the notice; and (2) posting or publishing notice under § 5-204 {“Service of notice”} of this subtitle. (b) Until paid in full, these costs and expenses are a lien on the entire property from which the condition was removed or abated. *History: Ord. 99-548* ##### §§ 5-207 to 5-208 Balt., Md., Code § 5-207 to 5-208 (2026) Reserved ##### § 5-209 Enforcement by citation. Balt., Md., Code § 5-209 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* ##### § 5-210 Penalties: $1,000. Balt., Md., Code § 5-210 (2026) Any person in charge who refuses, neglects, or otherwise fails to comply with a notice issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 99-548* #### Subtitle 3 – Nuisance Abatement — Dwellings ##### § 5-301 Definitions. Balt., Md., Code § 5-301 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Dwelling” has the meaning stated in § 202.2 of the Baltimore City Building Code. (2) “Dwelling” includes any dwelling unit or rooming unit. (c) “Dwelling unit” has the meaning stated in § 202.2 of the Baltimore City Building Code. (d) “Rooming unit” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code. *History: Ord. 99-548* *History: Ord. 02-475* *History: Ord. 07-552* *History: Ord. 13-093* *History: Ord. 15-426* *History: Ord. 15-427* ##### § 5-302 Scope of subtitle. Balt., Md., Code § 5-302 (2026) This subtitle applies only to dwellings and does not in any way modify or affect the authority of the Commissioner of Health to enter and inspect any building, structure, or premises other than a dwelling. *History: Ord. 99-548* ##### § 5-303 Enforcement of Maintenance Code. Balt., Md., Code § 5-303 (2026) The Commissioner may: (1) enforce all provisions of the Baltimore City Property Maintenance Code; and (2) issue violation notices and orders under that Code to: (i) abate, remove, or otherwise deal with nuisances and emergencies affecting the public health; and (ii) maintain and augment public health programs, such as rodent control, lead paint poisoning prevention, environmental sanitation, and housing hygiene. *History: Ord. 99-548* *History: Ord. 02-475* *History: Ord. 13-093* ##### § 5-304 Right of entry. Balt., Md., Code § 5-304 (2026) (a) Whenever the Commissioner has reason to believe that a nuisance exists in any dwelling, the Commissioner has the same authority to enter and inspect that dwelling as does the Commissioner of Housing and Community Development. (b) The entry and inspection of a dwelling must comply with the requirements of § 2-107 {“Right of entry”} of this article. *History: Ord. 99-548* ##### § 5-305 Inspector’s testimony. Balt., Md., Code § 5-305 (2026) (a) In this section, “related law” has the meaning stated in § 104.6.2 {“Authority to seek warrant”} of the Baltimore City Building Code. (b) No inspector who gains entrance to a dwelling for the purpose of investigating a nuisance may obtain or furnish evidence of, or testify to, any offense other than: (1) a violation of this article or of any related law; (2) a felony; or (3) a misdemeanor involving an act of violence that is committed in the inspector’s presence. *History: Ord. 99-548* *History: Ord. 02-475* *History: Ord. 13-093* ##### § 5-306 Balt., Md., Code § 5-306 (2026) Reserved #### Subtitle 4 – Lead-Based Paint ##### § 5-401 Definitions. Balt., Md., Code § 5-401 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Lead-based paint” has the meaning stated in § 6-801(j) of the State Environment Article. *History: Ord. 99-548* ##### § 5-402 Warning label required. Balt., Md., Code § 5-402 (2026) No person may possess, offer for sale, sell, or give away in the City any lead-based paint unless it bears the following or substantially equivalent warning: “Warning — Contains Lead. Harmful if Eaten. Do not apply on any interior surfaces of a dwelling, or of a place used for the care of children, or on window sills, toys, cribs, or other furniture.” *History: Ord. 99-548* ##### § 5-403 Placement. Balt., Md., Code § 5-403 (2026) The warning required by this subtitle must: (1) appear in a conspicuous place on the paint’s immediate container; (2) form an integral part of the printed label on that container; and (3) be printed in letters that are legible and that conspicuously contrast with any other printing on the container. *History: Ord. 99-548* ##### § 5-404 Labels not to indicate interior use. Balt., Md., Code § 5-404 (2026) No label on a container of lead-based paint may indicate in any way that the product is suitable for interior surfaces of dwellings or for interior surfaces of any places used for the care of children. *History: Ord. 99-548* ##### §§ 5-405 to 5-406 Balt., Md., Code § 5-405 to 5-406 (2026) Reserved ##### § 5-407 Enforcement by citation. Balt., Md., Code § 5-407 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* ##### § 5-408 Penalties: $1,000. Balt., Md., Code § 5-408 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 99-548* #### Subtitle 5 – Bodily Wastes ##### § 5-501 Spitting in public places. Balt., Md., Code § 5-501 (2026) No person may spit on: (1) any footpath or sidewalk of any public street or public square; (2) the floor or anywhere else in any public building under the control of the Mayor and City Council of Baltimore; (3) the floor, platform, or steps of any railroad, bus, or other common carrier or of any depot or station; (4) the floor or steps of any theater, store, factory, or other building that is used in common by the public; (5) the floor of any hall or office used in common by the guests of a hotel or lodging house. *History: Ord. 99-548* ##### § 5-502 Balt., Md., Code § 5-502 (2026) Reserved ##### § 5-503 Urinating or defecating in public places — in general. Balt., Md., Code § 5-503 (2026) No person may urinate or defecate on or about: (1) any public place, way, or park; or (2) the mall or adjacent parking area of any shopping center. *History: Ord. 99-548* ##### § 5-504 Urinating or defecating in public places — parents or guardians of minors. Balt., Md., Code § 5-504 (2026) A parent or guardian may not knowingly permit a minor for whom the parent or guardian is responsible to violate § 5-503 {“Urinating or defecating in public places — in general”} of this subtitle. *History: Ord. 99-548* ##### §§ 5-505 to 5-506 Balt., Md., Code § 5-505 to 5-506 (2026) Reserved ##### § 5-507 Minors urinating or defecating in public. Balt., Md., Code § 5-507 (2026) (a) A police officer who finds any minor violating § 5-503 {“Urinating or defecating in public places — in general”} of this subtitle must order the minor to stop the violation. (b) (1) If the minor fails to comply with the order, the police officer may take him or her into custody. (2) After the information needed to carry out the purposes of this subtitle has been recorded, the minor must be: (i) promptly released to his or her parent or guardian, with written notice to the parent or guardian of the violation; and (ii) referred to the Baltimore City Police Department’s court sanctioned pre-intake adjustment program. *History: Ord. 99-548* ##### § 5-508 Balt., Md., Code § 5-508 (2026) Reserved ##### § 5-509 Enforcement by citation. Balt., Md., Code § 5-509 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* ##### § 5-510 Penalties: Varied. Balt., Md., Code § 5-510 (2026) (a) Any person who violates any provision of § 5-501 {“Spitting in public places”} of this subtitle is guilty of a misdemeanor and, on conviction, is subject to: (1) for a first offense, a fine of not more than $25; and (2) for a second and any subsequent offense, a fine of not more than $50. (b) Any adult who violates § 5-503 {“Urinating or defecating in public places — in general”} of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 30 days or to both fine and imprisonment for each offense. (c) Any parent or guardian who violates § 5-504 {“Urinating or defecating in public places — parents or guardians of minors”} of this subtitle within 12 months after receiving written notice of the minor’s having violated § 5-504 {“Urinating or defecating in public places — in general”} of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $200 for each offense. *History: Ord. 99-548* *History: Ord. 10-340* #### Subtitle 6 – Mosquitoes ##### § 5-601 Definitions. Balt., Md., Code § 5-601 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Collection of water” means any collection of standing or running water. (2) “Collection of water” includes water contained in any ditch, roof or other gutter, pond, pool, excavation, depression, fountain, tank, well, barrel, tire, urn, can, box, bottle, tub, bucket, or other similar container. *History: Ord. 99-548* ##### § 5-602 Purpose of subtitle. Balt., Md., Code § 5-602 (2026) The purpose of this subtitle is to get rid of the discomfort, annoyance, and health hazards that are caused by mosquitoes. *History: Ord. 99-548* ##### § 5-603 Responsibility of persons in charge. Balt., Md., Code § 5-603 (2026) Every person in charge of any property is obligated, jointly and severally, to comply with the requirements of this subtitle. *History: Ord. 99-548* ##### § 5-604 Collections prohibited unless treated. Balt., Md., Code § 5-604 (2026) No person in charge may keep or permit to be kept any collection of water in which mosquitoes are likely to breed, unless the collection of water is treated to effectively prevent breeding. *History: Ord. 99-548* ##### § 5-605 Methods of treatment. Balt., Md., Code § 5-605 (2026) The method for treating a collection of water to prevent mosquitoes from breeding must be one or more of the following: (1) emptying all water at least once every 5 days; (2) using a larvicide approved by and applied in accordance with the requirements of the United States Environmental Protection Agency; (3) cleaning and keeping the water free of vegetable growth and other obstructions and stocking with mosquito-destroying fish (the absence of half-grown or larger mosquito larvae to be evidence of having complied with this method); (4) filling or draining to the satisfaction of the Commissioner of Health; (5) removing, at least once every 5 days, all tin cans, tin boxes, broken or empty bottles, and similar articles likely to hold water; (6) screening with wire netting of at least 16 meshes to the inch each way; (7) screening with any other material that will prevent the ingress or egress of mosquitoes; or (8) any other method that the Commissioner approves. *History: Ord. 99-548* ##### § 5-606 Prima facie evidence of breeding. Balt., Md., Code § 5-606 (2026) (a) The natural presence of mosquito larvae in standing or running water is evidence that mosquitoes are breeding there. (b) Within 5 days of notice from the Commissioner, the person in charge of the premises must act to prevent further breeding. *History: Ord. 99-548* ##### § 5-607 Notice to person in charge. Balt., Md., Code § 5-607 (2026) Whenever the Commissioner discovers a condition that could give rise to the breeding of mosquitoes, the Commissioner must issue a written notice to the person in charge, as provided in Subtitle 2 {“Nuisance Abatement — Generally”} of this title. *History: Ord. 99-548* ##### § 5-608 Abatement by Commissioner. Balt., Md., Code § 5-608 (2026) (a) If the condition is not corrected within 10 days of the notice, the Commissioner may proceed to correct the condition at the expense of the person in charge. (b) All costs and expenses incurred by the Commissioner are a lien on the property as provided in Subtitle 2 {“Nuisance Abatement — Generally”} of this title. *History: Ord. 99-548* ##### §§ 5-609 to 5-610 Balt., Md., Code § 5-609 to 5-610 (2026) Reserved ##### § 5-611 Penalties: $500. Balt., Md., Code § 5-611 (2026) (a) Any person who refuses, neglects, or otherwise fails to comply with a notice issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 99-548* #### Subtitle 7 – Weeds ##### § 5-701 Responsibility of persons in charge. Balt., Md., Code § 5-701 (2026) Every person in charge of any property is obligated, jointly and severally, to comply with the requirements of this subtitle. *History: Ord. 99-548* ##### § 5-702 Cutting grass, weeds, etc., required. Balt., Md., Code § 5-702 (2026) No person in charge of any land may allow: (1) any grass, weeds, or other rank vegetation on that land to reach a height of 8 inches or more; or (2) any grass, weeds, or other rank vegetation on an abutting sidewalk, gutter, or alley to reach a height of 4 inches or more. *History: Ord. 99-548* *History: Ord. 15-427* ##### § 5-703 Destroying noxious weeds, etc., required. Balt., Md., Code § 5-703 (2026) (a) Every person in charge of any land must keep that land free from ragweeds, wild mustard, wild lettuce, wild parsley, common thistle, milkweed, poison ivy, and all other noxious weeds. (b) The person in charge must destroy any noxious weeds on the land by: (1) spraying with a chemical compound approved by and applied in accordance with the requirements of the United States Environmental Protection Agency; (2) cutting and removal; (3) digging under; or (4) any other method that the Commissioner approves. *History: Ord. 99-548* ##### § 5-704 Notice to person in charge. Balt., Md., Code § 5-704 (2026) Whenever the Commissioner of Health discovers a violation of this subtitle, the Commissioner may issue a written notice to the person in charge, as provided in Subtitle 2 {“Nuisance Abatement — Generally”} of this title. *History: Ord. 99-548* ##### § 5-705 Abatement by Public Works. Balt., Md., Code § 5-705 (2026) (a) (1) If the condition is not corrected within 10 days of the notice, the Commissioner may notify the Director of Public Works, who must proceed to correct the condition at the expense of the person in charge. (2) Grass, weeds, and other rank vegetation must be cut to a height of not more than 3 inches. (b) All costs and expenses incurred by the Director of Public Works are a lien on the property as provided in Subtitle 2 {“Nuisance Abatement — Generally”} of this title. *History: Ord. 99-548* ##### §§ 5-706 to 5-707 Balt., Md., Code § 5-706 to 5-707 (2026) Reserved ##### § 5-708 Enforcement by citation. Balt., Md., Code § 5-708 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* ##### § 5-709 Penalties. Balt., Md., Code § 5-709 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. (b) Except as specified in subsection (c) of this section, the penalty for a violation is a fine of not more than $500 for each offense. (c) For a person who receives a notice under §5-704 {“Notice to person in charge”} of this subtitle and fails to comply with that notice, the penalty is a fine of not more than $1,000 for each offense. *History: Ord. 99-548* #### Subtitle 8 #### Subtitle 9 – Miscellaneous Requirements ##### § 5-901 Cleaning sidewalks and gutters. Balt., Md., Code § 5-901 (2026) The person in charge of any premises or lot must keep the sidewalk and gutters bounding on the premises or lot open and free from waste or obstructions and clean at all times. *History: Ord. 99-548* ##### § 5-902 Keeping offensive materials on property. Balt., Md., Code § 5-902 (2026) (a) No person may use or keep on that person’s property any liquid or solid matter that is or that, after exposure to the atmosphere or otherwise, is likely to become offensive or otherwise a nuisance. (b) This section applies to, among other things, any: (1) blood; (2) refuse coal oil; (3) dead animal or part of an animal; (4) domestic or sanitary sewage; (5) excrement; (6) filth; (7) foul or nauseous liquid; (8) garbage; (9) slaughter house or other trade cleanings; (10) stagnant water; or (11) other offensive matter of any kind. *History: Ord. 99-548* ##### § 5-903 Livestock. Balt., Md., Code § 5-903 (2026) Every person who keeps a cow, horse, or other livestock in the City must keep the animal and its stable or other housing in such a way that no filth or stench becomes offensive to or annoys any neighbor or other person. *History: Ord. 99-548* ##### § 5-904 Deposit on streets, etc. prohibited. Balt., Md., Code § 5-904 (2026) No person may place or cause or allow to be placed on any street any noxious or objectionable matter that from its acid content or otherwise might be injurious or harmful to any person or to the clothing, household furnishings, or personal effects of any person. *History: Ord. 99-548* ##### § 5-905 Plastic bags. Balt., Md., Code § 5-905 (2026) (a) “Plastic bag” means any bag that is: (1) intended for household use or for packaging garments or other articles intended for household use; (2) larger than 6 inches in diameter at the open end; and (3) made of film less than 1 mil (0.001 inch) thick. (b) No person may package, deliver, or sell in a plastic bag any article for use in or around the household or sell or distribute any plastic bag for use in or around the household unless the bag bears a warning as required by this section. (c) The warning must warn the consumer against the hazard of suffocation by children in the following or substantially equivalent wording: (d) (1) The warning must be printed on, attached to, or accompany each plastic bag or each package of plastic bags delivered to the consumer. (2) The warning must be prominently and conspicuously displayed in bold face type, in accordance with the following table:
Combined length and width of bag Minimum Size of Lettering
Less than 30 inches 10 points
30 inches or more, but less than 40 inches 14 points
40 inches or more, but less than 60 inches 18 points
60 inches or more 24 points
*History: Ord. 99-548* ##### § 5-906 Abandoned refrigerators, etc. Balt., Md., Code § 5-906 (2026) No person may place or permit anyone else to place in any location that is outside of a dwelling or other building and accessible to children any abandoned, unattended, or uncrated ice box, refrigerator, or freezer cabinet equipped with a door or lock that cannot be opened from the inside. *History: Ord. 99-548* ##### §§ 5-907 to 5-909 Balt., Md., Code § 5-907 to 5-909 (2026) Reserved ##### § 5-910 Penalties. Balt., Md., Code § 5-910 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. (b) Except as otherwise specified in this section, the penalty for a violation is a fine of not more than $500 for each offense. (c) For a person who receives a notice under Subtitle 2 of this title to correct a violation of any provision of this subtitle and fails to comply with that notice, the penalty is a fine of not more than $1,000 for each offense. (d) (1) For a person who violates any provision of § 5-906 {“Abandoned refrigerators, etc.”} of this subtitle, the penalty is a fine of not more than $500 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. (2) Each day that a violation of § 5-906 continues is a separate offense. *History: Ord. 99-548* ### Title 6 – Food Service Facilities #### Subtitle 1 – Definitions; General Provisions ##### § 6-101 Definitions. Balt., Md., Code § 6-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Excluded organization” has the meaning stated in COMAR 10.15.03.02B(28). (c) (1) “Food” means any natural or artificial substance or ingredient, whether raw, cooked, or processed, that is used or sold or intended for use or sale, in whole or in part, for human consumption. (2) “Food” includes: (i) ice; (ii) beverages; and (iii) chewing gum or any substance used as a component of chewing gum. (3) “Food” does not include any: (i) alcoholic beverage, as defined in State Code Article 2B, § 1-102(a)(2); or (ii) drug, as defined in § 21-101(g) of the State Health-General Article. (d) “Food service facility” has the meaning stated in COMAR 10.15.03.02B(34). (e) “Food service manager” means an individual designated by a food service facility to exercise operational supervision of the facility. (f) “License” means a license issued under this title to operate a food service facility. (g) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this title “person” also includes, except as used in § 6-802 {“Penalties”} of this title, a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 99-548* *History: Ord. 14-308* *History: Ord. 22-125* ##### § 6-102 Commissioner’s duties. Balt., Md., Code § 6-102 (2026) The Commissioner of Health is responsible for: (1) inspecting, regulating, and licensing food service facilities; (2) obtaining food samples and testing their qualities by chemical or microscopical examination as the Commissioner considers necessary or appropriate; and (3) generally enforcing this title and any applicable State regulations. *History: Ord. 99-548* *History: Ord. 14-308* ##### § 6-103 Rules and regulations. Balt., Md., Code § 6-103 (2026) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner, consistent with this title and State law: (1) must designate the classes of licenses to be issued for various types of food service facilities; and (2) may include provisions that govern the construction, design, operation, and maintenance of food service facilities. *History: Ord. 99-548* *History: Ord. 06-185* ##### § 6-104 Inspections; samples. Balt., Md., Code § 6-104 (2026) (a) The Commissioner, all other officers of the Department, and any inspector or police officer authorized by the Commissioner may, at all reasonable hours, enter, have full access to, and inspect: (1) any structure, premises, or vehicle in which food is or is believed to be prepared, manufactured, processed, stored, packaged, handled, or distributed; and (2) any railroad car, truck, wagon, or other vehicle that is or is believed to be used for the conveyance or delivery of food. (b) During any inspection, the Commissioner, officer, inspector, or police officer may take food samples of up to 1 pound of each item for inspection, testing, or analysis. *History: Ord. 99-548* ##### § 6-105 Confiscation of food. Balt., Md., Code § 6-105 (2026) (a) The Commissioner may condemn, confiscate, and either destroy or denature any food that: (1) fails to comply with any requirement of this title; or (2) is possessed by any person who is violating any provision of this title. (b) No person may hide, remove, or assist in hiding or removing any food that has been condemned by the Commissioner. (c) Nothing in this section imposes on the Commissioner the duty or expense of confiscating any food condemned by the Commissioner. *History: Ord. 99-548* #### Subtitle 2 – License Required ##### § 6-201 In general. Balt., Md., Code § 6-201 (2026) (a) Except as otherwise provided in this section, no person may operate a food service facility without a license to do so from the Commissioner of Health. (b) A food service facility may operate without a license issued by the Commissioner of Health if it: (i) is operated by an excluded organization; and (ii) has, in accordance with COMAR 10.15.03.26A, elected to operate without a license and in compliance with the minimum food safety requirements of COMAR 10.15.03.26B-E. (c) A license may not be transferred from place to place or person to person. *History: Ord. 99-548* *History: Ord. 06-185* *History: Ord. 14-308* ##### § 6-202 Applications. Balt., Md., Code § 6-202 (2026) (a) An applicant for a license must: (1) submit an application on the form that the Commissioner provides; and (2) pay the applicable processing fees. (b) In addition to any other information that the Commissioner requires, the application must contain building and installation plans and specifications. *History: Ord. 99-548* ##### § 6-203 Inspection and priority assessment of facility. Balt., Md., Code § 6-203 (2026) (a) On receipt of an application, the Commissioner must inspect the food service facility to determine compliance with all applicable laws, rules, and regulations. (b) To determine the degree of risk that a food service facility poses for a food-borne disease occurrence, the Commissioner must assess each food service facility and classify it in one of the following priority assessment categories, as defined in COMAR 10.15.03.33: (1) high priority facilities, which are at high risk for a food-borne disease occurrence; (2) moderate priority facilities, which are at moderate risk for a food-borne disease occurrence; and (3) low priority facilities, which are at low risk for a food-borne disease occurrence. *History: Ord. 99-548* *History: Ord. 14-308* ##### § 6-204 Issuance of license. Balt., Md., Code § 6-204 (2026) The Commissioner must issue a license to the applicant if: (1) the requirements of all applicable laws, rules, and regulations have been met; and (2) the applicant pays the applicable annual fee. *History: Ord. 99-548* ##### § 6-205 Scope of license. Balt., Md., Code § 6-205 (2026) While a license is in effect, it authorizes the operation of the food service facility in accordance with the approved plans and specifications. *History: Ord. 99-548* *History: Ord. 06-185* ##### § 6-206 Material alterations. Balt., Md., Code § 6-206 (2026) (a) No person may materially alter a food service facility (e.g., install new or additional equipment, make structural changes, or change the type of operation) without a permit to do so from the Commissioner. (b) The application for a permit under this section must be: (1) submitted on the form that the Commissioner provides; (2) contain the information that the Commissioner requires; and (3) be accompanied by the applicable permit fee. *History: Ord. 99-548* ##### § 6-207 Term and renewal of license. Balt., Md., Code § 6-207 (2026) (a) Unless sooner suspended or revoked, a license expires on the 1st anniversary of its effective date. (b) Before a license expires, the licensee periodically may renew it for an additional 1-year term, if the license holder: (1) otherwise is entitled to a license; (2) submits a renewal application to the Commissioner, on the form that the Commissioner provides; and (3) pays the applicable annual fee. *History: Ord. 99-548* ##### § 6-208 Provisional licenses. Balt., Md., Code § 6-208 (2026) (a) If a licensed food service facility is sold or otherwise transferred to a new owner, the new owner may apply for a short-term, provisional license to permit the continued operation of the facility pending the Commissioner’s inspection of the facility. (b) Unless sooner suspended or revoked: (1) the term of a provisional license is 60 days; and (2) the license may be renewed for one additional 60-day term. *History: Ord. 06-185* #### Subtitle 3 – Food Service Managers ##### § 6-301 Certain facilities to employ manager. Balt., Md., Code § 6-301 (2026) Each high priority or moderate priority food service facility must employ a food service manager. *History: Ord. 99-548* ##### § 6-302 Managers to be certified. Balt., Md., Code § 6-302 (2026) A food service manager who is employed by a high priority or moderate priority food service facility must, within 90 days of becoming employed by the facility, be certified by the Commissioner of Health in accordance with this subtitle. *History: Ord. 99-548* ##### § 6-303 Certification requirements. Balt., Md., Code § 6-303 (2026) (a) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner must include rules and regulations for: (1) the certification and recertification of food service managers; and (2) the denial, suspension, and revocation of certifications. (b) These rules and regulations must include: (1) minimum requirements for instruction and examination in food-borne disease prevention, sanitation, hygiene, and food service management; and (2) reciprocity provisions for certifications granted by a political subdivision of this State that has established a food service manager certification program approved by the Commissioner. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ##### § 6-304 Issuance to individuals only. Balt., Md., Code § 6-304 (2026) A food service manager certificate may only be issued in the name of an individual. *History: Ord. 99-548* ##### § 6-305 Term. Balt., Md., Code § 6-305 (2026) Unless sooner suspended or revoked, a food service manager certificate expires on the 3rd anniversary of its effective date. *History: Ord. 99-548* ##### § 6-306 Instructors to be certified. Balt., Md., Code § 6-306 (2026) Instructors of food service managers must be certified in the same manner as food service managers. *History: Ord. 99-548* #### Subtitle 4 – Fees ##### § 6-401 Balt., Md., Code § 6-401 (2026) Reserved ##### § 6-402 Processing fees. Balt., Md., Code § 6-402 (2026) (a) When applying for a license to operate a food service facility or applying for a permit to undertake material alterations, the applicant must pay an application fee to help defray the cost of processing the plans and specifications, conducting a risk assessment, reviewing hazard analysis critical control point (HACCP) plans, or undertaking an initial inspection. (b) The applicant must pay an additional fee for each reinspection needed before the license or permit can be approved. (c) The amount of these fees are as set from time to time by the Commissioner, with the approval of the City Council. *History: Ord. 99-548* *History: Ord. 06-185* *History: Ord. 14-308* ##### § 6-403 Annual license fees. Balt., Md., Code § 6-403 (2026) Subject to § 6-404 {“Reduced fee for certain tax exempt entities”} and § 6-405 {“Waived fee for certain day care centers”} of this subtitle, the annual license fee for each class of food service facility is as set from time to time by the Commissioner, with the approval of the City Council. *History: Ord. 99-548* *History: Ord. 00-033* *History: Ord. 06-185* ##### § 6-404 Reduced fee for certain tax exempt entities. Balt., Md., Code § 6-404 (2026) (a) This section applies to an entity described in subsection (b) of this section only as long as that entity maintains tax exempt status under § 501(c)(3) of the Internal Revenue Code. (b) For the following tax exempt entities, the annual license fee may not exceed $50: (1) any charitable food facility that provide meals to low-income individuals for no charge, such as soup kitchens, soup pantries, or shelter homes; (2) any youth organization whose membership is composed of minors and that operates temporary facilities for the purpose of raising funds to support the organization; and (3) any child group day care center that is licensed to provide care and supervision to school age and preschool age children. *History: Ord. 99-548* *History: Ord. 06-185* ##### § 6-405 Waived fee for certain day care centers. Balt., Md., Code § 6-405 (2026) As long as the Maryland Department of Human Resources continues to contract with the City Department of Health for 2 or more environmental sanitarians to inspect and monitor child group day care centers in the City, the annual license fee for those centers is waived. *History: Ord. 99-548* ##### § 6-406 Late fees. Balt., Md., Code § 6-406 (2026) (a) Any licensee who is required to pay a license fee and who fails to renew the license within 5 days of its expiration must pay an additional late fee for each day after the expiration date that the license remains unrenewed. (b) The amount of the late fee is as set from time to time by the Commissioner, with the approval of the City Council. *History: Ord. 99-548* *History: Ord. 00-033* *History: Ord. 06-185* *History: 06-247* ##### § 6-407 Manager certification fees. Balt., Md., Code § 6-407 (2026) Fees imposed for certification of food service managers are as set by the Commissioner. *History: Ord. 99-548* ##### § 6-408 Use of fee proceeds. Balt., Md., Code § 6-408 (2026) (a) (1) The Commissioner must promptly account for and pay to the Director of Finance all fees received under this subtitle. (2) The Director of Finance must credit these fees to a special fund entitled “Food Service Facilities”, to be used: (i) to cover the cost of licensing, inspecting, and regulating food service facilities; and (ii) to help defray the cost of environmental health inspection programs that affect food service facilities. (b) The Director of Finance must submit a quarterly accounting of this fund to the Chair of the Budget and Appropriations Committee of the City Council. *History: Ord. 99-548* #### Subtitle 5 – Miscellaneous Regulations ##### § 6-501 Definitions. Balt., Md., Code § 6-501 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Adulterated food” means any food that: (1) has been prepared, manufactured, processed, stored, packaged, handled, distributed, or sold under insanitary conditions that reasonably could be expected to have contaminated it; (2) is considered to be adulterated within the meaning of the Maryland Food, Drug, and Cosmetic Act; or (3) otherwise violates the requirements of the Maryland Food, Drug, and Cosmetic Act. (c) “Unwholesome food” means any food that: (1) has absorbed or mixed with deleterious gases, liquids, or solids; (2) is decomposed, rotten, tainted, or otherwise impure; or (3) is otherwise in any way: (i) deleterious to health; (ii) liable to introduce, cause, or increase sickness; or (iii) liable to impair or upset functions of the human body. *History: Ord. 99-548* ##### § 6-502 Compliance with health laws required. Balt., Md., Code § 6-502 (2026) Each food service facility must comply with all applicable health laws, rules, and regulations of the federal government, the State of Maryland, and the City of Baltimore. *History: Ord. 99-548* ##### § 6-503 Disguising adulterated, etc., food prohibited. Balt., Md., Code § 6-503 (2026) No food service facility may use any acid, drug, chemical, coloring, or other substance to disguise any adulterated or unwholesome food. *History: Ord. 99-548* ##### § 6-504 Possession, etc., of adulterated, etc., food prohibited. Balt., Md., Code § 6-504 (2026) No food service facility may sell, offer for sale, transport, or have on its premises, in any vehicle, or on the premises of any other person any adulterated or unwholesome food. *History: Ord. 99-548* ##### § 6-505 Frozen food regulations. Balt., Md., Code § 6-505 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Defrost” means to allow any frozen food to thaw so that it is not readily recognizable as frozen food. (3) “Frozen food” means any food that has been kept at or below 0° F. (b) No food service facility may represent or advertise as fresh any frozen food that has been allowed to defrost. (c) No food service facility may sell or offer for sale any food designed to be sold frozen (such as “TV dinners”, packaged fruits, and frozen desserts) if it has been allowed to defrost. (d) No food service facility may sell or offer for sale any meat, fish, seafood, or poultry that, in whole or in part, has been frozen and then allowed to defrost unless a notice stating “this product has been frozen and thawed” is: (1) conspicuously displayed on a sign; and (2) attached to each package or item of meat, fish, seafood, or poultry. *History: Ord. 99-548* *History: Ord. 04-672* ##### § 6-505.1 Dated food products. Balt., Md., Code § 6-505.1 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Dated food” means any food that contains an expiration date on its label or packaging. (3) “Expiration date” means: (1) any date designated as an “expires on” date, “sell by” date, “pull by” date, “use by” date, or “best if used by” date; or (2) any similar time guide for the sale or use of a food product by food service facilities or consumers. (b) (1) No food service facility may sell or offer for sale any dated food after its expiration date unless that food is: (i) segregated from its non-expired food counterpart; and (ii) accompanied by a conspicuous notice that states: “This Food is Being Sold Past Its Expiration Date”. (2) The notice required by this subsection must be: (i) on a sign at least 11" by 14"; and (ii) printed in letters at least 1" high. (c) Nothing in this section authorizes: (1) the sale of any perishable food, such as milk, cheese, meat, eggs, and baby food, past its expiration date; or (2) the sale or possession of any adulterated or unwholesome food. (d) No food service facility may alter, remove, cover, disguise, or otherwise obscure the expiration date of any dated food. *History: Ord. 02-438* ##### § 6-506 Litter and rubbish prohibited. Balt., Md., Code § 6-506 (2026) (a) Each food service facility must keep its entire premises, including all abutting sidewalks, alleys, footpaths, gutters, and other public rights-of-way, free of litter and rubbish. (b) (1) If, during any license year, the Commissioner receives 10 or more complaints of the facility’s having violated this section, the Commissioner must conduct a hearing under Subtitle 6 {“Suspensions and Revocations”} of this title to determine if the license should be suspended, its renewal denied, or other penalties imposed. (2) For purposes of this subsection, the Commissioner may accept a complaint only if it: (i) is in writing; (ii) is made by an adult; (iii) includes the complainant’s name and address; and (iv) is submitted independently of any other person’s complaint about the facility. (c) Nothing in this section precludes the imposition of penalties under any other law that governs the disposition of litter, trash, garbage, or other waste. *History: Ord. 99-548* ##### § 6-507 Trans fats prohibited. Balt., Md., Code § 6-507 (2026) (a) (1) “Food containing trans fat” means, except as provided in paragraph (2) of this subsection, any food that: (i) is labeled as containing vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil; (ii) lists vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient; or (iii) contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil. (2) “Food containing trans fat” does not include food with a nutrition facts label or other documentation from the manufacturer that lists the food’s trans fat content as less than 0.5 grams per serving. (b) (1) Except as provided in paragraph (2) of this subsection, food containing trans fat may not be stored, distributed, held for service, used in preparation of any menu item, or served in any food service facility. (2) This subsection does not apply to food that is served directly to patrons in the original sealed package of the manufacturer. (c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a food service facility must maintain on site the original label for any food: (A) that contains fats, oils, or shortenings; (B) that is required by federal or state law to have a label when purchased by a food service facility; and (C) that is stored, distributed, held for service, used in preparation of any menu items, or served by the food service facility. (ii) The Health Commissioner may permit a food service facility to submit acceptable documentation from the manufacturer that indicates whether a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates a food’s trans fat content. (3) If a food contains fats, oils, or shortenings and is not required to be labeled when purchased, the food service facility must obtain and maintain documentation from the manufacturer that indicate whether the food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates the food’s trans fat content. (4) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner may include rules or regulations that govern the documentation acceptable or required under paragraphs (i)(ii) and (2) of this subsection. *History: Ord. 08-001* *History: Text Conformed 03/10/21* ##### § 6-508 Polystyrene foam products. Balt., Md., Code § 6-508 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) (i) “Disposable food service ware” means cups, plates, dishes, bowls, trays, clamshell containers, take-away containers, or similar items used for serving food or for transporting small amounts of prepared food. (ii) “Disposable food service ware” does not include coolers. (3) “Polystyrene foam” means blown polystyrene and expanded and extruded foams (sometimes called Styrofoam™) that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). (b) (1) Except as provided in paragraph (2) of this subsection, no food service facility may use any disposable food service ware that is made from polystyrene foam. (2) Paragraph (1) of this subsection does not apply to: (i) food or beverages that have been filled and sealed in polystyrene-foam containers outside of the City before the food or beverages were received by a food service facility in the City; or (ii) materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption. *History: Ord. 18-125* ##### § 6-509 Children’s meals. Balt., Md., Code § 6-509 (2026) (a) (1) In this section, “children’s meal” means a combination of food items that is: (i) prepared by and offered for purchase at a food service facility as a unit at a single price; and (ii) represented to be or otherwise primarily intended for consumption by children. (2) “Children’s meal” does not include a combination of food items that has been prepackaged by or at a facility other than the food service facility offering the prepackaged combination for purchase. (b) No food service facility may offer a children’s meal that includes a beverage unless that beverage is: (1) water, sparkling water, or flavored water, with no added natural or artificial sweeteners; (2) milk or a non-dairy milk alternative; or (3) 100% fruit juice or fruit juice combined with water or sparkling water, with no added natural or artificial sweeteners, in a serving size of no more than 8 ounces. (c) Nothing in this section precludes a food service facility from providing, if specifically requested by the purchaser of the children’s meal, any lawful beverage as a substitute or alternative for the beverages being offered in accordance with subsection (b) of this section. *History: Ord. 18-126* #### Subtitle 6 – Suspensions and Revocations ##### § 6-601 Notice of violation or hazard. Balt., Md., Code § 6-601 (2026) (a) Whenever the Commissioner finds that any food service facility is in violation of any provision of this title or is in an unsanitary or other condition that, in the Commissioner’s judgment, constitutes a hazard to the public health, the Commissioner may issue a violation notice to the facility. (b) The violation notice must: (1) cite the violation or condition; (2) specify the corrective action to be taken and the time within which that action must be taken; and (3) state that a hearing will be provided to the facility, if one is requested under Title 2, Subtitle 3 {“Administrative Hearings”} of this article. *History: Ord. 99-548* ##### § 6-602 Suspension on failure to correct. Balt., Md., Code § 6-602 (2026) (a) If a food service facility fails to comply with the violation notice within the time prescribed, the Commissioner may then issue an order of suspension to the facility. (b) An order issued under this section may: (1) immediately suspend the facility’s license; and (2) order all food service facility operations to be discontinued immediately. *History: Ord. 99-548* ##### § 6-603 Suspension without notice. Balt., Md., Code § 6-603 (2026) (a) If the Commissioner considers it necessary in the interest of public health, the Commissioner may issue an order of immediate suspension to the facility without having first issued a violation notice under § 6-601 {“Notice of violation or hazard”} of this subtitle. (b) An order issued under this section: (1) must cite the violation or condition; (2) must specify the corrective action to be taken and the time within which that action must be taken; and (3) may order all food service facility operations to be discontinued immediately. (c) The notice must also state that a hearing will be provided to the facility under Title 2, Subtitle 3 {“Administrative Hearings”} of this article, if one is requested. *History: Ord. 99-548* ##### § 6-603.1 Suspension or nonrenewal for multiple or unpaid citations. Balt., Md., Code § 6-603.1 (2026) (a) The Commissioner may suspend or refuse to renew the license of a food service facility if: (1) at any time within the preceding 6 months, the facility has been served with 3 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either or both of: (i) City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (ii) City Code Article 1, Subtitle 41 {“Civil Citations”}; or (2) at any time within the preceding 12 months, the facility has been declared to be in default of 1 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either of: (i) City Code Article 1, § 40-8 {“Environmental Citations: Default by person cited”}; or (ii) City Code Article 1, § 41-10 {“Civil Citations: Default”}. (b) (1) For purposes of this section, citations issued for violations of the following provisions of the City Code are presumed to be issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health: (2) Nothing in this subsection precludes the Health Commissioner from determining, in his or her discretion, that a citation for an offense was issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health. (c) Before suspending or refusing to renew a license under this section, the Commissioner must provide the facility with notice and an opportunity for hearing, as provided in Title 2, Subtitle 3 {“Administrative Hearings”} of this article. *History: Ord. 09-243* *History: Ord. 12-046* *History: Ord. 13-093* *History: Ord. 14-310* *History: Ord. 15-427* *History: Ord. 16-581* *History: Ord. 18-130* *History: Ord. 20-361* *History: Ord. 22-124* *History: * ##### § 6-604 Reinstatement of suspended licenses. Balt., Md., Code § 6-604 (2026) (a) (1) Any food service facility may apply to the Commissioner for reinstatement of a suspended license. (2) In addition to any other information that the Commissioner requires, the application must include a signed statement by the applicant that, in the applicant’s opinion, the violation or condition that caused the suspension has been corrected. (b) Within 10 days of receiving the application and the reinspection fee specified in subsection (d) of this section, the Commissioner must reinspect the facility. (c) If, on reinspection, the facility is found to comply with all applicable requirements, the license must be reinstated. (d) (1) The fee for a reinspection performed during regular working hours is $100. (2) The fee for a reinspection performed during weekend or evening hours is $300. *History: Ord. 99-548* *History: Ord. 09-243* ##### § 6-605 Revocation of licenses. Balt., Md., Code § 6-605 (2026) (a) The Commissioner may revoke the license of a food service facility if that facility: (1) commits more than one violation of this title; or (2) interferes with the performance of the Commissioner’s duties. (b) Before revoking a license, the Commissioner must provide the facility with notice and opportunity for hearing, as provided in Title 2, Subtitle 3 {“Administrative Hearings”} of this article. *History: Ord. 99-548* ##### § 6-606 Public notices. Balt., Md., Code § 6-606 (2026) (a) (1) A food service facility that has had its license suspended must post a public notice of the suspension throughout the suspension period. (2) The notice must: (i) state the term of and reasons for the suspension; (ii) be in the form and tenor that the Commissioner specifies; and (iii) be conspicuously placed, as directed by the Commissioner, so that it is visible to and can be read by passing pedestrians. (b) (1) Promptly after a food service facility has had its license suspended, revoked, or denied renewal, the Commissioner must provide, through 2 or more social media outlets, public notice of the suspension, revocation, or nonrenewal. (2) The notice must include the same information as that required by subsection (c)(2) of this section for a website listing. (c) (1) The Commissioner must maintain, update at least weekly, and publish on the Department’s website a list of all food service facilities that, at any time during the preceding calendar month or during the current calendar month to the latest update, have had their licenses suspended, revoked, or denied renewal. (2) The listing must include: (i) the name (including trade name) and address of the facility; (ii) the effective date and term of the suspension, revocation, or nonrenewal; and (iii) the reasons for the suspension, revocation, or nonrenewal. *History: Ord. 99-391* *History: Ord. 02-439* *History: Ord. 09-217* *History: Ord. 15-399* #### Subtitle 7 #### Subtitle 8 – Penalties ##### § 6-801 Enforcement by citation. Balt., Md., Code § 6-801 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* ##### § 6-802 Penalties. Balt., Md., Code § 6-802 (2026) (a) Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. (b) Except as specified in subsection (c) of this section, the penalty for a violation is a fine of not more than $1,000 for each offense. (c) (1) For operating a food service facility without a license or in violation of the terms of a license, the penalty is a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense. (2) Each day that a violation continues is a separate offense. *History: Ord. 99-548* ### Title 7 – Waste Control #### Subtitle 1 – Definitions; General Provisions ##### § 7-101 Definitions. Balt., Md., Code § 7-101 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Dispose” includes abandon, deposit, discard, discharge, dump, junk, leave, place, scrap, or throw. (c) “Garbage” means waste that results from the distribution, preparation, or serving of food. (d) (1) “Hauler” means any person who: (i) contracts with others for the collection, transportation, or disposal of solid waste; or (ii) except as specified in paragraph (3) of this subsection, engages in the collection, transportation, or disposal of solid waste generated by that person him-, her-, or itself. (2) “Hauler” includes a person described in paragraph (1) of this subsection even if that person is operating under a demolition permit issued by the City. (3) “Hauler” does not include any person who occupies residential property and collects, transports, or disposes of solid waste generated by the residential use of that property. (e) “Land clearance debris” means any trees, other vegetation, or their roots that result from land clearance for streets, parks, playgrounds, construction projects, or other similar projects. (f) “Landfill” means any private or public property where waste is disposed of by placement on or burial in the ground. (g) “Rock” means rock, stones, or boulders that result from land clearance, grading, and the preparation of construction sites and similar projects. (h) “Rubbish” includes paper, rags, ashes, leaves, tree branches, yard trimmings, furniture, appliances, cans, glass, crockery, junk vehicles, tires, automotive parts, paints, and oils. (i) (1) “Rubble” means any waste that results from the demolition of buildings, structures, or streets. (2) “Rubble” includes masonry, concrete, asphalt, wood, plaster, paper, glass, metal, roof materials, or other materials used in the construction of buildings, structures, or streets. (j) “Solid waste” means all waste that is neither gaseous nor liquid. (k) (1) “Trade waste” means waste that results from construction or from any other business, commercial, or industrial operation. (2) “Trade waste” includes plastics, cartons, chemicals, paints, greases, oils, and other petroleum products, sawdust, and dead animals. (l) (1) “Waste” includes any of the following material, as defined in this section, whether putrescible or nonputrescible: (i) garbage; (ii) land clearance debris; (iii) rock; (iv) rubbish; (v) rubble; and (vi) trade waste. (2) “Waste” also includes any of the following material, whether putrescible or nonputrescible: (i) asbestos; (ii) ashes; (iii) dead animals; (iv) hazardous waste; (v) incinerator residue; (vi) medical waste; (vii) refuse; (viii) street cleanings; (ix) trash; and (x) wastewater treatment residue. *History: Ord. 99-548* ##### § 7-102 Findings and declaration of public policy. Balt., Md., Code § 7-102 (2026) (a) The Mayor and City Council finds that: (1) the dumping of waste and other material is a sickening blight on the streets, sidewalks, parks, open spaces, and waters of the City; (2) as the available amount of landfill space decreases, incidents of dumping have increased, most notoriously (though not exclusively) by those involved in the construction business; and (3) this dumping of waste, as well as its collection and transportation, is a serious threat to the environment and the health, welfare, safety, peace, and comfort of the City’s inhabitants. (b) The Mayor and City Council declares as a matter of policy that, to eliminate these hazards, it is necessary to: (1) strictly regulate the collection, transportation, and disposal of all waste in the City; (2) expand the prohibitions against illegal dumping; and (3) increase the penalties for violations. (c) Because of the serious health and environmental consequences, the Commissioner of Health is granted jurisdiction over the collection, transportation, and disposition of waste by commercial haulers and other persons in the City. *History: Ord. 99-548* ##### § 7-103 Rules and regulations. Balt., Md., Code § 7-103 (2026) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner may include provisions, consistent with this title and State law, that govern: (1) the storage facilities, vehicles, equipment, and operations of all persons transporting waste; and (2) the construction, design, operation, maintenance, and completion of landfills in the City. *History: Ord. 99-548* #### Subtitle 2 – Solid Waste Collection ##### Part I – Definitions; General Provisions ###### § 7-201 Definitions. Balt., Md., Code § 7-201 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “License” means a license issued under this subtitle to operate as a hauler. (c) “Small hauler” means a hauler that uses only 1 truck for which the manufacturer’s rated capacity is ¾ ton or less and the gross weight of which is 7,000 pounds or less. *History: Ord. 99-548* ###### § 7-202 Scope of subtitle. Balt., Md., Code § 7-202 (2026) This subtitle does not apply to: (1) any person while employed by or under contract with the City for public work; (2) a 1- or 2-day community clean-up where neighbors join in to pay the cost of hiring a truck; or (3) a scrap metal dealer who: (i) is licensed under City Code Article 2, Subtitle 8; and (ii) is transporting materials for purchase, sale, recycling, or storage (but not for disposal). *History: Ord. 99-548* *History: Ord. 04-692* *History: Ord. 10-389* ###### §§ 7-203 to 7-204 Balt., Md., Code § 7-203 to 7-204 (2026) Reserved ##### Part II – License Required ###### § 7-205 In general. Balt., Md., Code § 7-205 (2026) No person may operate as a hauler in the City without a license to do so from the Commissioner of Health. *History: Ord. 99-548* ###### § 7-206 Applications. Balt., Md., Code § 7-206 (2026) The application for a license: (1) must be on the form that the Commissioner provides; and (2) in addition to any other information that the Commissioner requires, must contain the type, make, year, capacity, and vehicle tag number of every vehicle that the applicant proposes to use. *History: Ord. 99-548* ###### § 7-207 Inspection of applicant. Balt., Md., Code § 7-207 (2026) On receipt of the application, the Commissioner may inspect the applicant’s storage facilities, vehicles, and other equipment before issuing a license. *History: Ord. 99-548* ###### § 7-208 Issuance of license. Balt., Md., Code § 7-208 (2026) The Commissioner must issue a license to the applicant if the applicant: (1) has complied with all applicable laws, rules, and regulations; and (2) pays the applicable license fee. *History: Ord. 99-548* ###### § 7-209 Term and renewal of license. Balt., Md., Code § 7-209 (2026) (a) (1) An applicant may, at the applicant’s option, apply for either an annual license or a 90-day license. (2) Unless sooner suspended or revoked: (i) an annual license expires on the 1st annual anniversary of its issuance; and (ii) a 90-day license expires on the 90th day after its issuance. (b) Before a license expires, the licensee periodically may renew the license for an additional 1-year or 90-day term, as the case may be, if the licensee: (1) otherwise is entitled to a license; (2) submits a renewal application to the Commissioner, on the form that the Commissioner provides; and (3) pays the applicable fee. *History: Ord. 99-548* *History: Ord. 12-159* ###### § 7-210 License fees. Balt., Md., Code § 7-210 (2026) (a) The fees to be charged under this subtitle are as set by the Commissioner, with the approval of the Board of Estimates. (b) The fees so set: (1) must include a pro rated differential for 90-day licenses; and (2) may include an appropriate differential for small haulers. *History: Ord. 99-548* *History: Ord. 12-159* ###### § 7-211 Inspection of licensee. Balt., Md., Code § 7-211 (2026) (a) From time to time as the Commissioner sees fit, the Commissioner may inspect any storage facilities, vehicles, and other equipment of a licensee. (b) The Commissioner must undertake an inspection of a licensee if the Commissioner receives written complaints from 2 or more unrelated persons that the licensee is in violation of the subtitle. *History: Ord. 99-548* ###### §§ 7-212 to 7-213 Balt., Md., Code § 7-212 to 7-213 (2026) Reserved ##### Part III – Suspensions and Revocations ###### § 7-214 Suspension or revocation after notice. Balt., Md., Code § 7-214 (2026) (a) The Commissioner may issue a violation notice to a licensee who the Commissioner believes is in violation of any provision of: (1) this subtitle; (2) any rule or regulation adopted under this subtitle; or (3) the terms of the license issued to the licensee. (b) The violation notice must: (1) cite the violation; (2) specify the corrective action to be taken; and (3) state the time within which that action must be taken. (c) If the licensee fails to make the corrections within the time prescribed, the Commissioner may suspend or revoke the license, subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of this article. *History: Ord. 99-548* ###### § 7-215 Suspension or revocation after conviction. Balt., Md., Code § 7-215 (2026) Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of this article, the Commissioner may suspend or revoke the license of any licensee who is convicted of a violation of: (1) this subtitle; (2) any rule or regulation adopted under this subtitle; or (3) any other law involving the handling or disposition of waste. *History: Ord. 99-548* ###### §§ 7-216 to 7-217 Balt., Md., Code § 7-216 to 7-217 (2026) Reserved ##### Part IV – Haulers’ Duties ###### § 7-218 Identification of vehicles. Balt., Md., Code § 7-218 (2026) (a) (1) Except as specified in subsection (b) of this section, every vehicle used by a hauler to collect, transport, or dispose of waste must be identified as specified in this subsection. (2) The name and business telephone number of the hauler must be displayed: (i) on both sides of the vehicle; and (ii) in lettering that: (A) conspicuously contrasts with its background; and (B) is of a size, shape, and color to be readily legible, during daylight hours, from a distance of 50 feet while the vehicle is stationary. (3) The required display may be on removable devices. (b) Every vehicle used by a small hauler must have its license displayed inside the vehicle in a way that is visible at all times from outside the vehicle. *History: Ord. 99-548* ###### § 7-219 Identification of containers. Balt., Md., Code § 7-219 (2026) (a) Each waste container that has a capacity of 2 cubic yards or more must be labeled with: (1) the name of the licensee; and (2) an identification number assigned by the Commissioner. (b) The label must be: (1) on the outside of the container; and (2) in permanent lettering that is: (i) plainly distinguishable; and (ii) at least 3 inches high. *History: Ord. 99-548* ###### § 7-220 Sanitation requirements. Balt., Md., Code § 7-220 (2026) (a) Each licensee must: (1) comply with the requirements of Subtitle 3 {“Transporting Waste”} of this title; (2) cover or tie down all solid waste being transported on an open-type vehicle so as to prevent spillage; and (3) take all other action necessary to prevent leakage or loss of any waste from either containers or vehicles. (b) Each vehicle used to collect, transport, or dispose of waste must be maintained in a clean condition that minimizes odors and prevents insect and rodent breeding. *History: Ord. 99-548* ###### § 7-221 Hours of collection. Balt., Md., Code § 7-221 (2026) (a) Except as specified in subsection (b) of this section, no hauler or any other person may collect solid waste in the City at any time before 7 a.m. or after 11 p.m. on any day, weekends and legal holidays included. (b) A licensed hauler may collect solid waste at any time from a business, commercial, industrial, institutional, or other nonresidential use structure as long as no residential structure is within 300 feet of any collection point. (c) The Commissioner may waive the requirements of this section in the event of a civil emergency. *History: Ord. 99-548* *History: Ord. 08-079* ###### § 7-222 Daily log. Balt., Md., Code § 7-222 (2026) (a) The driver of any vehicle being used under a hauler’s license must keep a daily log that includes, for each collection of solid waste: (1) the location from which the waste is collected; (2) the general nature of the solid waste; (3) the name of the customer from whom the waste is collected; and (4) when, where, and how the waste was disposed of. (b) The licensee must permit the Commissioner to inspect this log at any time during regular business hours. *History: Ord. 99-548* ###### §§ 7-223 to 7-224 Balt., Md., Code § 7-223 to 7-224 (2026) Reserved ##### Part V – Using Unlicensed Haulers ###### § 7-225 List of licensees. Balt., Md., Code § 7-225 (2026) (a) The Commissioner must publish and distribute to all community associations listed with the Department of Planning an annual list of all small haulers licensed under this subtitle who indicate their availability to provide services to residential properties. (b) This list must contain a notice of the prohibition in § 7-226 {“Prohibited conduct”} of this subtitle against using an unlicensed hauler. *History: Ord. 99-548* ###### § 7-226 Prohibited conduct. Balt., Md., Code § 7-226 (2026) No person may contract with or hire any hauler who is not licensed under this subtitle. *History: Ord. 99-548* ###### §§ 7-227 to 7-228 Balt., Md., Code § 7-227 to 7-228 (2026) Reserved ##### Part VI – Penalties ###### § 7-229 Enforcement by citation. Balt., Md., Code § 7-229 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* ###### § 7-230 Penalties: $500/day. Balt., Md., Code § 7-230 (2026) (a) Any person who violates any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 99-548* #### Subtitle 3 – Transporting Waste ##### § 7-301 Coverings and containers required. Balt., Md., Code § 7-301 (2026) (a) Every vehicle that transports waste on the streets of this City, including vehicles used by the City, must be equipped with adequate coverings and containers to prevent the spilling or dropping of any waste. (b) The vehicle and all waste containers must: (1) be strong and tight; (2) have sides high enough above the load that no part of the load can fall, leak, or spill; and (3) be covered with heavy canvas or other substantial material. *History: Ord. 99-548* ##### § 7-302 Loading and care. Balt., Md., Code § 7-302 (2026) (a) No person may allow any vehicle or container to be so fully loaded, in such bad repair, of such faulty construction, or so improperly operated that any waste can fall, leak, or spill. (b) No person driving, loading, unloading, or cleaning any vehicle or container used to carry waste may do so or permit any other person to do so in any way that is needlessly offensive or filthy in respect to any person or property. *History: Ord. 99-548* ##### § 7-303 Noncommercial vehicles. Balt., Md., Code § 7-303 (2026) The owner of every noncommercial vehicle used to carry any waste or any sand, dirt, gravel, loam, earth, fertilizer, filth, stone, brick, or coal must keep the load in a tight and secure condition so that no part of the load can fall, leak, or spill. *History: Ord. 99-548* ##### § 7-304 Replacement of spills. Balt., Md., Code § 7-304 (2026) If any material falls, leaks, or spills from a vehicle or container, the individual operating the vehicle or in charge of the container must immediately stop and remove and secure the fallen, leaked, or spilled material. *History: Ord. 99-548* ##### §§ 7-305 to 7-306 Balt., Md., Code § 7-305 to 7-306 (2026) Reserved ##### § 7-307 Penalties: $500. Balt., Md., Code § 7-307 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 99-548* #### Subtitle 4 – Landfills ##### Part I – Definitions; General Provisions ###### § 7-401 Definitions. Balt., Md., Code § 7-401 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “License” means a license issued under this subtitle to operate a landfill. (c) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 7-419 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 99-548* *History: Ord. 22-125* ###### § 7-402 Exceptions from subtitle. Balt., Md., Code § 7-402 (2026) This subtitle does not apply to: (1) the random placement of broken stones or rubble as a foundation, sustaining wall, or similar structure to control erosion; or (2) to the otherwise lawful filling of land exclusively with earth fill material that contains: (i) no more than 10% organic matter or rubble by volume; and (ii) no object larger than 12 inches in any dimension. *History: Ord. 99-548* ###### §§ 7-403 to 7-405 Balt., Md., Code § 7-403 to 7-405 (2026) Reserved ##### Part II – License Required ###### § 7-406 In general. Balt., Md., Code § 7-406 (2026) No person may operate a landfill in the City without a license to do so from the Commissioner of Health. *History: Ord. 99-548* ###### § 7-407 Applications. Balt., Md., Code § 7-407 (2026) The application for a license: (1) must be on the form that the Commissioner provides; and (2) in addition to any other information that the Commissioner requires, must contain: (i) the name of the applicant; (ii) the applicant’s home address; (iii) the address of the applicant’s principal place of business; (iv) the location of the proposed landfill; (v) the name under which the business is carried on; (vi) a detailed engineering plan of the proposed operation of the landfill; and (vii) evidence satisfactory to the Commissioner that the applicant has obtained a bond or other security, running to the benefit of the City, in the form, amount, and tenor: (A) as required by State law for landfills licensed by the State; or (B) if no bond or security is required by State law, as the Commissioner requires. *History: Ord. 99-548* ###### § 7-408 Issuance of license. Balt., Md., Code § 7-408 (2026) The Commissioner must issue a license to the applicant if: (1) the Commissioner approves the engineering plan; (2) the applicant has complied with all applicable laws, rules, and regulations; and (3) the applicant pays the applicable fee. *History: Ord. 99-548* ###### § 7-409 Term and renewal of license. Balt., Md., Code § 7-409 (2026) (a) Unless sooner suspended or revoked, a license expires annually on the anniversary of its effective date. (b) Before a license expires, the licensee periodically may renew the license for an additional 1-year term, if the licensee: (1) otherwise is entitled to a license; (2) submits a renewal application to the Commissioner, in the form that the Commissioner requires; and (3) pays the applicable renewal fee. *History: Ord. 99-548* ###### § 7-410 License fees. Balt., Md., Code § 7-410 (2026) The annual fee for a license is as set by the Commissioner, with the approval of the Board of Estimates. *History: Ord. 99-548* ###### § 7-411 Notice of changed information. Balt., Md., Code § 7-411 (2026) A licensee must immediately notify the Commissioner of any change in any of the information contained in or accompanying the licensee’s application for a license or a renewal. *History: Ord. 99-548* ###### §§ 7-412 to 7-413 Balt., Md., Code § 7-412 to 7-413 (2026) Reserved ##### Part III – Suspensions, Revocations, and Denials ###### § 7-414 Suspensions. Balt., Md., Code § 7-414 (2026) (a) Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of this article, the Commissioner of Health may suspend a license: (1) on receipt of notice of intent to cancel the bond or other security required by State law; (2) if the licensee fails to comply with the engineering plan approved by the Commissioner; or (3) if the Commissioner finds the licensee has caused a condition that is hazardous to the public health, safety, or welfare. (b) A suspension continues until the licensee: (1) satisfies the Commissioner that the cause for the suspension has been adequately corrected; and (2) has reimbursed the City for any expenses that the City incurs as a result of the condition. *History: Ord. 99-548* ###### § 7-415 Revocations and denials of renewal. Balt., Md., Code § 7-415 (2026) Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of this article, the Commissioner of Health may revoke or refuse to renew the license of any licensee who repeatedly violates any of the conditions of the license or any of the provisions of this subtitle or of the rules and regulations adopted under this subtitle. *History: Ord. 99-548* ###### §§ 7-416 to 7-417 Balt., Md., Code § 7-416 to 7-417 (2026) Reserved ##### Part IV – Penalties ###### § 7-418 Enforcement by citation. Balt., Md., Code § 7-418 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* ###### § 7-419 Penalties: $1,000 and $100/day. Balt., Md., Code § 7-419 (2026) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense, plus $100 for each day that the offense continues. *History: Ord. 99-548* #### Subtitle 5 – Hydraulic Fracturing ##### § 7-501 Definitions. Balt., Md., Code § 7-501 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Flow back” means the fracturing fluids that return to the surface after a hydraulic fracture is completed. (c) “Hydraulic fracturing” means the drilling technique (also known colloquially as “fracking”, “hydrofracking”, or “hydrofracturing”) of expanding or creating fractures in rock by injecting fluids, often a mixture of water and chemicals, sand, or other substances, and often under pressure, into or underneath the surface of the rock for various purposes, including well drilling and natural gas exploration and production. *History: Ord. 13-113* ##### § 7-502 Hydraulic fracturing prohibited Balt., Md., Code § 7-502 (2026) No person may make use of hydraulic fracturing to extract oil, gas, or other hydrocarbons within the City of Baltimore. *History: Ord. 16-591* ##### § 7-503 Storing, treating, disposing, etc., wastewater prohibited. Balt., Md., Code § 7-503 (2026) No person may store, treat, discharge, or dispose of in the City or in or on any City-owned facility or property, wherever situated, any flow back or other wastewater resulting from hydraulic fracturing. *History: Ord. 13-113* *History: Ord. 16-591* ##### § 7-504 Penalties: $1,000 and 90 days. Balt., Md., Code § 7-504 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000, imprisonment for not more than 90 days, or both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 13-113* *History: Ord. 16-591* #### Subtitle 6 – Prohibited Disposal ##### Part I – Scope of Subtitle ###### § 7-601 “Litter” excluded. Balt., Md., Code § 7-601 (2026) This subtitle does not apply to the disposal of “litter”, as defined in Subtitle 7 of this title. *History: Ord. 08-044* ###### §§ 7-602 to 7-605 Balt., Md., Code § 7-602 to 7-605 (2026) Reserved ##### Part II – Prohibited Activities ###### § 7-606 In general. Balt., Md., Code § 7-606 (2026) No person may dispose of any waste or other material except: (1) in a receptacle and at a location approved by law for waste disposal; (2) at a licensed landfill; or (3) at any other disposal site authorized by law to receive waste. *History: Ord. 99-548* *History: Ord. 08-044* ###### § 7-607 Disposing of offensive materials. Balt., Md., Code § 7-607 (2026) (a) No person may dispose of or permit to discharge or flow onto any public or private property, with or without the owner’s permission, any liquid or solid matter that is or that, after exposure to the atmosphere or otherwise, is likely to become offensive or otherwise a nuisance. (b) This section applies to, among other things, any: (1) blood; (2) refuse coal oil; (3) dead animal or part of an animal; (4) domestic or sanitary sewage; (5) excrement; (6) filth; (7) foul or nauseous liquid; (8) garbage; (9) slaughter house or other trade cleanings; (10) stagnant water; or (11) offensive matter of any kind. *History: Ord. 99-548* *History: Ord. 08-044* ###### § 7-608 Dumping on public property. Balt., Md., Code § 7-608 (2026) No person may dump or dispose of any garbage, waste, wire, glass, nails, or any other matter: (1) in or on any gutter, sidewalk, street, open space, wharf, or other public place; or (2) except for litter, as defined in Subtitle 7 of this title, into any public trash receptacle located on or along any sidewalk, street, open space, wharf, or other public place. *History: Ord. 99-548* *History: Ord. 08-044* *History: Ord. 12-065* ###### § 7-609 Dumping on private property. Balt., Md., Code § 7-609 (2026) No person may dump or otherwise dispose of any earth, dirt, sand, ashes, gravel, rocks, garbage, waste, or any other matter on any private property, including in or near any waste receptacle on the property, without the permission of the property owner or the owner’s agent. *History: Ord. 99-548* *History: Ord. 08-044* *History: Ord. 11-478* ###### § 7-610 Burning waste. Balt., Md., Code § 7-610 (2026) No person may burn or cause to be burned any garbage or other waste except as specifically authorized by law. *History: Ord. 99-548* *History: Ord. 08-044* ###### §§ 7-611 to 7-615 Balt., Md., Code § 7-611 to 7-615 (2026) Reserved ##### Part III – Seizure and Forfeiture of Vehicles ###### § 7-616 Responsibility of vehicle owner. Balt., Md., Code § 7-616 (2026) The registered owner of a vehicle or, for a leased or rented vehicle, the lessee or renter, as identified on the lease or rental agreement, is prima facie responsible for any waste or other material transported in or disposed of from that vehicle. *History: Ord. 99-548* *History: Ord. 08-044* *History: Ord. 11-478* ###### § 7-617 Grounds for seizure. Balt., Md., Code § 7-617 (2026) (a) Except as provided in subsection (b) of this section, any vehicle used for or in connection with disposing waste or other material in violation of this subtitle is subject to seizure and forfeiture. (b) A vehicle may not be forfeited under this subtitle solely because of an act or omission by a person other than the vehicle’s owner committed or omitted: (1) while the vehicle was unlawfully in that other person’s possession; or (2) while the vehicle was lawfully in that other person’s possession, but the owner can establish by a preponderance of the evidence that the violation of this subtitle was committed without the owner’s actual knowledge. *History: Ord. 08-044* ###### § 7-618 Seizure by police. Balt., Md., Code § 7-618 (2026) (a) A police officer need not have a warrant to seize a vehicle if: (1) the police officer has probable cause to believe the vehicle has been used in violation of this subtitle; and (2) a warrant is not constitutionally required under the circumstances. (b) Whenever a police officer seizes a vehicle under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner. (c) A vehicle seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it. *History: Ord. 08-044* ###### § 7-619 Referral to Solicitor. Balt., Md., Code § 7-619 (2026) (a) Promptly after seizure, the Police Department must notify the City Solicitor in writing of the facts and circumstances supporting the seizure. (b) (1) On receiving the report, the Solicitor must conduct an independent review of the facts and circumstances surrounding the seizure. (2) If the Solicitor finds sufficient evidence that the vehicle was used in violation of this subtitle, the Solicitor must notify the vehicle’s owner, by registered or certified mail, of the seizure and of the City’s intent to institute forfeiture proceedings. (3) If, on the other hand, the Solicitor finds that there is insufficient evidence to prove violation, the Solicitor must surrender the vehicle to the owner on the owner’s request. *History: Ord. 08-044* ###### § 7-620 Forfeiture petition; notice. Balt., Md., Code § 7-620 (2026) (a) If the Solicitor determines that the vehicle should be forfeited, the Solicitor must, within 90 days after the seizure of the vehicle: (1) petition the Circuit Court for Baltimore City in the name of the City against the vehicle, as designated by make, model, year, and motor or serial number; and (2) at the same time, send by registered or certified mail and by first class mail to the owner and any known secured party: (i) copies of the petition; and (ii) a notice of the time and place for a response to be filed. (b) The petition for forfeiture must contain: (1) the name of the registered owners of the vehicle; (2) the name of any secured party; (3) a statement of the facts and circumstances surrounding the seizure of the vehicle; (4) a statement of the specific grounds for forfeiture; and (5) a request that the vehicle be forfeited to the City. (c) (1) Within 7 days of the petition’s filing, the Solicitor must publish notice of the seizure and forfeiture proceeding in 1 or more newspapers published in the City. (2) The notice must: (i) state the substance and object of the forfeiture petition; and (ii) state that any person claiming an interest in the seized vehicle must file a defense to the petition within 15 days of the date of the notice. *History: Ord. 08-044* ###### § 7-621 Answer to petition. Balt., Md., Code § 7-621 (2026) (a) Any defense to the petition must be filed within 15 days after publication of the notice. (b) (1) All defenses to a petition for forfeiture must be made by answer. (2) The answer must: (i) comply with the Maryland Rules of Procedure as to form and contents; (ii) be divided into numbered paragraphs, each containing a separate and distinctive averment; and (iii) respond to each material allegation contained in the petition, specifically admitting, denying, or explaining the facts alleged, unless the respondent is without knowledge or an admission or explanation would tend to incriminate the respondent, in either of which events the respondent must so state and that statement will operate as a denial. (c) (1) Every allegation in the petition that is not denied in the answer is considered admitted, except as to persons unknown. (2) New or affirmative matter alleged in the answer is considered denied or avoided by the petitioner without the need of any replication, unless the court orders otherwise. *History: Ord. 08-044* ###### § 7-622 Early retrieval by owner. Balt., Md., Code § 7-622 (2026) (a) (1) If the owner of the seized vehicle wants to repossess it before the petition is decided, the Clerk of the Circuit Court must have an appraisal made. (2) The appraisal must be in writing, under oath, to the Clerk of the Circuit Court. (b) (1) When the appraisal is filed, the owner may post a bond, payable to the City, in an amount equal to: (i) all court costs that may accrue; plus (ii) the greater of: (A) the appraised value of the vehicle; (B) the aggregate amount of the liens on the vehicle, as shown in the records required by law for the notice or perfection of liens; or (C) $500. (2) The bond must have security approved by the Clerk and be conditioned for performance on the final judgment of the Circuit Court. If a petition for forfeiture has been filed, the bond must be filed in the Circuit Court for Baltimore City. (c) If the court directs that the vehicle be forfeited, judgment may be entered against the obligors on the bond, without further or other proceeding, to be discharged by the payment of the appraised value of the vehicle and court costs, on which judgment execution may be issued. *History: Ord. 08-044* ###### § 7-623 Order of forfeiture. Balt., Md., Code § 7-623 (2026) (a) (1) If the court determines that the vehicle should be forfeited, the court must order the vehicle forfeited to the City. (2) If, however, the court determines that the vehicle is subject to a bona fide recorded security interest created without the knowledge that the vehicle was being or was to be used in violation of this subtitle, the court must order that the vehicle be released within 5 days to the secured party of record. (b) (1) The secured party must sell the vehicle in a commercially reasonable manner. (2) Any sale ordered under this section must be made for cash and must vest in the purchaser a clear and absolute title to the vehicle. (3) The proceeds of the sale must be applied as follows: (i) to the court costs of the forfeiture proceedings; (ii) to the balance due to the secured party, including all reasonable costs incident to the sale; (iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure, maintenance, or custody; and (iv) to the general funds of the City. (c) Any vehicle that has been ordered forfeited to the City may be: (1) sold as provided in City Code Article 31, Subtitle 31, Part 5; or (2) destroyed. (d) The proceeds of any bond posted to regain possession of the vehicle must be applied as provided for proceeds of sale under subsection (b)(3) of this section. *History: Ord. 08-044* ###### § 7-624 Order of release. Balt., Md., Code § 7-624 (2026) If, after a full hearing, the court determines that the vehicle should not be forfeited, the court must order the vehicle released. *History: Ord. 08-044* ###### §§ 7-625 to 7-626 Balt., Md., Code § 7-625 to 7-626 (2026) Reserved ##### Part IV – Enforcement; Penalties ###### § 7-627 Grants for reports of violations. Balt., Md., Code § 7-627 (2026) (a) The City Housing Commissioner must establish a grants program for rewarding community and neighborhood associations that have registered for this purpose with the Housing Commissioner and have been designated by citizens reporting illegal disposal or other violations of this subtitle. (b) (1) Funds for these grants are as provided in the Ordinance of Estimates. (2) The amount of the grants, the criteria for allocating and awarding them, and the purposes for which they may be used are as set forth in the rules and regulations adopted by the Commissioner under § 2-106 {“Rules and regulations”} of this article. *History: Ord. 09-202* *History: Text Conformed 03/10/21* ###### § 7-628 Liability for costs and expenses. Balt., Md., Code § 7-628 (2026) Any person who, in violation of § 7-608 {“Dumping on public property”} of this subtitle or in violation of any other provision of law, dumps or otherwise disposes of matter in or on property owned, leased, or controlled by the City is liable to the City for the costs of: (1) removing the matter dumped or disposed of; and (2) repairing any damage caused by the dumping or disposal. *History: Ord. 11-478* *History: Ord. 12-065* ###### §§ 7-629 to 7-630 Balt., Md., Code § 7-629 to 7-630 (2026) Reserved ###### § 7-631 Enforcement by Environmental or Civil Citation. Balt., Md., Code § 7-631 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* *History: Ord. 08-044* *History: Ord. 09-202* ###### § 7-632 Criminal penalties. Balt., Md., Code § 7-632 (2026) (a) Except as specified in subsection (b) of this section, any person who violates any provision of this subtitle or who authorizes any employee or agent to violate any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to any one or more of the following for each offense: (1) a fine of not more than $1,000; and (2) imprisonment for not more than 90 days. (b) If the violation entails the disposal, in any 24-hour period, of material that weighs 25 or more pounds or material that comprises 10 or more cubic feet, the penalty for a violation of this subtitle is any one or more of the following for each offense: (1) a fine of not more than $1,000; (2) imprisonment for not more than 12 months; and (3) revocation of the privilege of seeking a building permit in the City. *History: Ord. 99-548* *History: Ord. 08-044* *History: Ord. 09-202* *History: Ord. 11-478* #### Subtitle 7 – Littering ##### § 7-701 “Litter” defined. Balt., Md., Code § 7-701 (2026) “Litter” means to discard or otherwise dispose of, in any way other than as authorized by § 7-601 of this title, of small amounts of paper, beverage containers, glass, garbage, or other waste that: (1) weigh less than 1 pound; (2) comprise less than 1 cubic foot; and (3) are not toxic, noxious, or otherwise a threat to the public health or safety. *History: Ord. 99-548* ##### § 7-702 Littering prohibited. Balt., Md., Code § 7-702 (2026) No person may: (1) litter on any public or private property; or (2) permit the accumulation of litter on any property under that person’s control. *History: Ord. 99-548* ##### § 7-703 Material from vehicle. Balt., Md., Code § 7-703 (2026) The registered owner of a vehicle is prima facie responsible for any litter disposed of from that vehicle. *History: Ord. 08-044* ##### § 7-704 Balt., Md., Code § 7-704 (2026) Reserved ##### § 7-705 Enforcement by citation. Balt., Md., Code § 7-705 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* ##### § 7-706 Penalties: $500 Balt., Md., Code § 7-706 (2026) (a) Any person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $500 for each offense. (b) Each day a violation continues is a separate offense. *History: Ord. 99-548* *History: Ord. 08-040* ### Title 8 – Air Pollution #### Subtitle 1 – Prohibited Emissions ##### Part I – In General ###### § 8-101 Definitions. Balt., Md., Code § 8-101 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Air pollution” means the presence in the outdoor atmosphere of any odor, solid, vapor, liquid, gas, or other substance in such quantities and of such duration that it: (1) can be predicted with reasonable certainty to be injurious to property or to human, plant, or animal life; or (2) unreasonably interferes with the proper enjoyment of the property of others or with the comfort of the public. (c) (1) “Emission standard” means a requirement that limits the quantity, quality, rate, or concentration of emissions from a source. (2) “Emission standard” includes any requirement that relates to the operation or maintenance of a source to assure continuous emission reduction. (d) “Source” means any equipment, process, structure, space, material, or activity that contributes to air pollution. *History: Ord. 99-548* ###### § 8-102 Commissioner’s powers. Balt., Md., Code § 8-102 (2026) (a) The Commissioner of Health may undertake surveys, investigations, studies, and like activities to determine the condition of the air in the City and how best to improve that condition. (b) In the rules and regulations that the Commissioner adopts under § 2-106 {“Rules and regulations”} of this article, the Commissioner may set emission standards and adopt procedures for implementing and enforcing those standards. *History: Ord. 99-548* ###### §§ 8-103 to 8-104 Balt., Md., Code § 8-103 to 8-104 (2026) Reserved ###### § 8-105 Prohibited conduct. Balt., Md., Code § 8-105 (2026) No person may operate or use any source, whether indoors or outdoors, static or mobile, that contributes to air pollution in any way or amount that exceeds emission standards: (1) set by federal or state law or regulation; or (2) set by the Commissioner. *History: Ord. 99-548* ###### § 8-106 Order to correct conditions. Balt., Md., Code § 8-106 (2026) Whenever as the result of an investigation or study, the result of a complaint, or otherwise, the Commissioner of Health finds that any source is contributing to air pollution in excess of that permitted by law, the Commissioner may issue a written notice to the owner or operator of that source and order the owner or operator to remove or control the cause of the emission in the manner and within the time specified in the notice. *History: Ord. 99-548* ###### §§ 8-107 to 8-109 Balt., Md., Code § 8-107 to 8-109 (2026) Reserved ##### Part II – Commercial Solid Waste Incinerators ###### § 8-110 Short title; Purpose. Balt., Md., Code § 8-110 (2026) (a) This Part II shall be known and may be cited as the “Baltimore Clean Air Act” (b) The purpose and intent of this Part II is to ensure that accurate and complete information is available to the City and general public about pollutants released from commercial solid waste incinerators within the City and to exercise the authority granted to the City under the Maryland Environment Code. *History: Ord. 19-232* ###### § 8-111 Definitions. Balt., Md., Code § 8-111 (2026) (a) The following words and phrases when used within this Part II, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section. (b) “Air Monitoring Contractor” means an environmental engineer certified by the City to design, install, operate, and maintain the Continuous Emissions Monitoring Systems required by this Part II. (c) “Commercial solid waste incinerator” or “facility” means any facility in Baltimore City that produces energy or disposes of waste by combusting a solid fuel or waste, or gases produced on-site from the gasification or pyrolysis of a solid fuel or waste, and that is capable of processing at least 25 tons of solid fuel or waste per day. (d) (1) “Continuous Emissions Monitoring System” or “CEMS” means a pollution monitoring system capable of sampling, conditioning, analyzing, and providing a record of emissions at frequent intervals that meets U.S. Environmental Protection Agency or Maryland Department of the Environment data acquisition and availability requirements. (2) Except as specified in paragraph (3) of this subsection, the sampling frequency capability sufficient to qualify a system as a CEMS for the purposes of this Part II must at a minimum deliver a monitoring sample: (i) once per minute; or (ii) any lesser frequency of interval, up to no less than once per hour, that provides sufficient data for a direct determination of compliance with all applicable emission limitations imposed by this Part II. (3) In the case of dioxins and furans, long-term sampling equipment may be used if real-time monitors are not commercially available, so long as year-round monitoring is still achieved through back-to-back use of long-term monthly samples. (e) (f) “Solid fuel” or “waste” means any solid waste, discarded material, recyclable materials, sludges, by-products, commercial chemical products, municipal waste, hazardous waste, biomass, processed debris, special medical waste, sterilized special medical waste, sewage sludge, scrap tires, auto shredder residue, refuse-derived fuel, processed engineered fuel, or solid fuel produced from municipal waste. (g) “TEQDF-WHO98” means a unit of measurement for dioxins and furans, standardized to toxic equivalents, calculated in accordance with the World Health Organization’s 1998 method. *History: Ord. 19-232* *History: Ord. 22-124* *History: Ord. 22-125* ###### § 8-112 Scope. Balt., Md., Code § 8-112 (2026) All commercial solid waste incinerators located within Baltimore City are subject to the requirements of this Part II. ###### § 8-113 Rules and regulations. Balt., Md., Code § 8-113 (2026) In the rules and regulations that the Commissioner adopts under § 2-106 {“Rules and regulations”} of this article, the Health Commissioner may adopt rules and regulations to implement this Part II. *History: Ord. 19-232* *History: Text Conformed 03/10/21* ###### § 8-114 Pollutants to be continuously monitored. Balt., Md., Code § 8-114 (2026) Each facility must, at its own expense, contract with an Air Monitoring Contractor certified by the Health Commissioner in accordance with § 8-124 {“Certification of Air Monitoring Contractor”} to install, operate, and maintain Continuous Emissions Monitoring Systems (“CEMS”) equipment to monitor, measure, and disclose the smokestack emission of the following pollutants: (1) Dioxins and Furans, as measured at a point, after all air pollution control devices, where the exhaust gases have cooled to below 200 degrees Centigrade; (2) Carbon Dioxide (CO2) and Carbon Monoxide (CO); (3) Hydrochloric Acid (HCl) and Hydrofluoric Acid (HF); (4) Nitrogen Oxides (NOx); (5) Sulfur Dioxides (SO2); (6) Particulate Matter (PM); (7) Volatile Organic Compounds (VOCs); (8) Polycyclic Aromatic Hydrocarbons (PAHs); and (9) Arsenic, Cadmium, Chromium (VI), Lead, Manganese, Mercury, Nickel, Selenium, and Zinc. *History: Ord. 19-232* ###### § 8-115 Monitoring system to be continuously active. Balt., Md., Code § 8-115 (2026) (a) A facility’s CEMS must be operational at all times that the facility is operating. (b) CEMS downtime that exceeds 30 consecutive minutes while a facility is operating are a violation of this section. *History: Ord. 19-232* ###### § 8-116 Emission limits. Balt., Md., Code § 8-116 (2026) (a) Each facility must meet the following pollution limits:

(1) Mercury:

15 micrograms per dry standard cubic meter (μg/dscm) corrected at 7% O2

(2) Sulfur Dioxide (SO2):

18 parts per million dry volume (ppmvd) corrected at 7% O2 (24 hour geometric mean)
(b) Starting January 1, 2022, in addition to the limits imposed by subsection (b) of this section, each facility must meet the following pollution limits:
Dioxins/Furans (PCDD/F): 2.6 nanograms TEQDF-WHO98 per dry standard cubic meter (ng/dcsm) corrected at 7% O2
Nitrogen Oxides (NOx):

45 parts per million dry volume (ppmvd) corrected at 7% O2 (24 hour block arithmetic mean)

40 parts per million dry volume (ppmvd) corrected at 7% O2 (12 month rolling average)
*History: Ord. 19-232* ###### § 8-117 City adoption and enforcement of more stringent Federal and State requirements. Balt., Md., Code § 8-117 (2026) (a) If the U.S. Environmental Protection Agency or the State of Maryland adopts a more stringent standard, limit, or requirement for the emission of air contaminants, a more stringent standard of performance for any facility regulated by this Part II, or a more stringent standard of performance for stationary sources that would apply to a facility than is imposed by this Part II, the facility must meet the more stringent requirement. (b) It is expressly the intent of the City in adopting the standards, limits, requirements, and standards of performance referenced in subsection (a) of this section to make those more stringent requirements independently enforceable by the City of Baltimore. *History: Ord. 19-232* ###### §§ 8-118 to 8-119 Balt., Md., Code § 8-118 to 8-119 (2026) Reserved ###### § 8-120 Required CEMS reports. Balt., Md., Code § 8-120 (2026) (a) (1) Each facility must provide a daily report to its Air Monitoring Contractor that details: (i) the daily emissions from the facility of the pollutants listed in § 8-114 {“Pollutants to be continuously monitored”} of this Part II; and (ii) the reasons for any CEMS downtime. (2) All data supplied as part of the reports required by this section are property of the City of Baltimore. (b) The daily report required by this section must be in the form specified by the Health Commissioner and include all relevant machine readable raw data. (c) A facility must provide reasonable access to its property and operations to the Air Monitoring Contractor responsible for preparing the reports required by this section to enable the reports to be prepared and verified. (d) Each facility must provide its Air Monitoring Contractor with all emissions reports for the facility previously provided to the Maryland Department of the Environment, and any prior Air Monitoring Contractor for the facility, at the time that the Air Monitoring Contractor begins monitoring the facility. *History: Ord. 19-232* *History: Ord. 22-124* ###### § 8-121 Data disclosure. Balt., Md., Code § 8-121 (2026) (a) (1) The Air Monitoring Contractor must disclose the information it receives in the daily reports required by § 8-120(a) {“Required CEMS reports: Reports required”} of this Part II to the public on a publicly accessible webpage capable of providing an easy to read graphical portrayal of the information. (2) The Air Monitoring Contractor must archive all of the daily reports received from a facility under § 8-120 {“Required CEMS reports”} of this Part II and make this archived historical data, together with all data provided by the facility under § 8-120(d) {“Required CEMS reports: Historical reports”}, available on a publicly accessible webpage capable of providing an easy to read graphical portrayal of the information. (b) The Air Monitoring Contractor for a facility must provide reports to the Health Commissioner, in the form specified by the Commissioner and including all relevant machine readable raw data, about emissions from the facility: (1) whenever the facility exceeds an emission limit set under § 8-116 {“Emission limits”} or § 8-117 {“City adoption and enforcement of more stringent Federal and State requirements”}; (2) at regular intervals set by the Commissioner; and (3) whenever requested by the Commissioner, or the Commissioner’s designee. *History: Ord. 19-232* ###### § 8-122 Inspections. Balt., Md., Code § 8-122 (2026) (a) The Air Monitoring Contractor for a facility must periodically inspect the Continuous Emissions Monitoring Systems installed at the facility and verify that they are operating correctly. (b) Inspections required by this section must take place at times and intervals chosen by the Health Commissioner and will not be announced in advance to the facility. (c) No fewer than 4 inspections must be conducted each calendar year. *History: Ord. 19-232* ###### § 8-123 Balt., Md., Code § 8-123 (2026) Reserved ###### § 8-124 Certification of Air Monitoring Contractor. Balt., Md., Code § 8-124 (2026) (a) In order to be certified as an Air Monitoring Contractor, an applicant must demonstrate to the Health Commissioner’s satisfaction that it, using its own resources or in partnership with 1 or more co-applicants, is capable of: (1) procuring or developing, and thereafter installing, CEMS equipment at a subject facility; (2) performing regular inspections as required by§ 8-122 {“Inspections”} of this Part II; and (3) developing software utilities capable of capturing and publically displaying CEMS data needed for the daily reports required by § 8-120 {“Required CEMS reports”} of this Part II. (b) In order to be certified as an Air Monitoring Contractor, an applicant must not have had a contract, other than a contract to perform the duties of an Air Monitoring Contractor under this Part II, with a facility, or the owner or operator of a facility: (1) within the past 10 years; or (2) for the duration of their role as an Air Monitoring Contractor. (c) No later than 6 months after the effective date of this Ordinance, the Baltimore City Health Department shall certify an applicant meeting the requirements of subsections (a) and (b) of this section as an Air Monitoring Contractor within 90 days of receiving: (1) information, in the form required by the Health Commissioner, sufficient to demonstrate that the applicant meets the requirements of subsections (a) and (b) of this section; and (2) payment of the application fee set by the Board of Estimates. *History: Ord. 19-232* ###### § 8-125 Criminal penalties. Balt., Md., Code § 8-125 (2026) (a) Any person who violates any provision of this Part II, or of a rule or regulation adopted under this Part II, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. (b) If a person is responsible for simultaneous violations of more than 1 section of this Part II, simultaneously failing to monitor, measure, and disclose the emission of more than 1 pollutant as required by § 8-114 {“Pollutants to be continuously monitored”} of this Part II, or simultaneously violating more than 1 standard required by § 8-116 {“Emission limits”} of this Part II, each separate violation constitutes a separate offense. (c) Each day that a violation continues constitutes a separate offense. *History: Ord. 19-232* ###### § 8-126 Balt., Md., Code § 8-126 (2026) Reserved #### Subtitle 2 – Open Burning ##### § 8-201 Definitions. Balt., Md., Code § 8-201 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Open burning” means any fire or smoke-producing process that emits particulates or gases directly into the atmosphere without passing through any air pollution control equipment. (c) “Waste” has the meaning stated in §7-101 of this article. *History: Ord. 99-548* ##### § 8-202 Purpose of subtitle. Balt., Md., Code § 8-202 (2026) (a) Because open burning can be a major contributor to air pollution in Baltimore City, the City’s policy is to eliminate or control pollution from open burning to protect the health, welfare, and property of the people of the City. (b) For this reason, the Commissioner of Health may regulate open burning. *History: Ord. 99-548* ##### § 8-203 Open burning prohibited. Balt., Md., Code § 8-203 (2026) Except as specified in § 8-204 {“Exceptions”} of this subtitle, no person may permit or carry on any open burning of waste. *History: Ord. 99-548* ##### § 8-204 Exceptions. Balt., Md., Code § 8-204 (2026) (a) The use of outdoor grills and fireplaces to prepare food is permitted unless prohibited by the Fire Department. (b) The open burning of highly explosive or other dangerous materials for which there is no other known method of disposal or under other unusual circumstances is permitted if, on written request, the burning is: (1) approved by the Commissioner and the Chief of the Fire Department; and (2) done under the supervision of the Fire Department. (c) The open burning of solid, liquid, or gaseous fuels, materials, or buildings is permitted if done for training purposes under the direct control and supervision of Fire Department instructors. (d) Unless prohibited by the Fire Department, the use of salamanders or similar devices by construction or other workers for heat is permitted if: (1) no smoke violation or other nuisance is created; and (2) the salamander or other device is of a type approved by the Chief of the Fire Department. (e) In an emergency declared by the Commissioner, the open burning of household and normal business waste is permitted if it is done in compliance with the conditions and requirements that the Commissioner specifies for the emergency. *History: Ord. 99-548* #### Subtitle 3 – Gas-Powered Debris Removal Equipment ##### § 8-301 Definitions. Balt., Md., Code § 8-301 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Air pollution” has the meaning stated in § 8-101(b) of this title (c) “Contractor” means a person, firm, or legal entity with which the City has entered into an agreement. (d) “Contractor” means a person, firm, or legal entity with which the City has entered into an agreement. (1) “Debris” means any solid material or portion of a solid material intended for disposal. (2) “Debris” includes: (i) manufactured objects; (ii) plant materials; (iii) animal materials; and (iv) natural geologic materials. (e) “Enforcement officer” has the meaning stated in City Code Article 1 § 41-1(c) {“Definitions: Enforcement officer”}. (f) (1) “Gas-powered debris removal equipment” means any device powered by an internal combustion or rotary engine using gasoline, alcohol, or any other fuel that is used to blow, vacuum, displace, or gather debris. (2) “Gas-powered debris removal equipment” includes handheld leaf blowers with a vacuum function. (3) “Gas-powered debris removal equipment” does not include: (i) lawn mowers; (ii) lawn trimmers; (iii) snow blowers; (iv) pressure washers; or (v) self-propelled motorized leaf vacuums, including walk-behind, riding, and hitch mount leaf vacuums; and (vi) leaf vacuum trucks. (g) “Landscape maintenance company” means a person who receives compensation, including money or material goods, in exchange for services that include: (1) (i) lawns; (ii) gardens; (iii) trees; (iv) plants; and (v) hardscape features; or (2) otherwise enhancing the aesthetics and functionality of an outdoor space. (h) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. (i) “Subcontractor” means a business enterprise that has a direct contract with a contractor to perform part of the work on a contract. *History: * *History: * ##### § 8-302 Prohibition of gas-powered debris removal equipment. Balt., Md., Code § 8-302 (2026) (a) A person, individual, contractor, or subcontractor may not use gas-powered debris removal equipment in Baltimore City. (b) An owner of real property in Baltimore City may not permit any person, individual, contractor, or subcontractor to use gas-powered debris removal equipment on that property. *History: * *History: * *History: * ##### § 8-303 Rules and regulations. Balt., Md., Code § 8-303 (2026) (a) Subject to Title 4 {“Administrative Procedure Act B Regulations”} of the City General Provisions Article, the Baltimore City Health Department or another City entity tasked with enforcement of this subtitle, shall adopt rules and regulations to carry out the provisions of this subtitle and § 8-402 of this title. (b) The rules and regulations adopted by the Baltimore City Health Department under this section shall include an affidavit form a witness shall use to submit a complaint under § 8-402 of this title. *History: * *History: * #### Subtitle 4 – Penalties. ##### § 8-401 Enforcement by citation. Balt., Md., Code § 8-401 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* *History: Ord. 19-232* *History: * ##### § 8-402 Penalties: Gas-powered debris removal equipment. Balt., Md., Code § 8-402 (2026) (a) Except as otherwise specified in this subtitle, an enforcement officer may issue a civil or an environmental citation for violating the provisions of § 8-302 {“Prohibition of gas-powered debris removal equipment”} of this title if the enforcement officer: (1) witnesses the violation; or (2) receives from at least 1 witness a written complaint accompanied by photographic evidence and a signed affidavit in the form required by the rules and regulations promulgated pursuant to § 8-303 of this title {“Rules and regulations”} (b) (1) An enforcement officer who finds that any person person, individual, contractor, or subcontractor violated the provisions of § 8-302 {“Prohibition of gas-powered debris removal equipment”} of this title shall order, on a first offense, that the person, individual, contractor, or subcontractor cease and desist the use of gas-powered debris removal equipment. (2) A special enforcement officer may find that a person, individual, contractor, or subcontractor has violated the provisions of § 8-302 {“Prohibition of gas-powered debris removal equipment”} of this title if the special enforcement officer: (i) witnesses the violation; or (ii) receives from at least 1 witness a written complaint accompanied by photographic evidence and a signed affidavit in the form required by the rules and regulations promulgated pursuant to § 8-303 of this title{“Rules and regulations”}. (c) (1) A person, individual, contractor, or subcontractor who commits a subsequent offense is subject to a fine of $250 for each subsequent offense. (2) Each day that a violation continues is a separate offense. *History: Ord. 99-548* *History: Ord. 03-595* *History: Ord. 19-232* *History: * *History: * ### Title 9 – Noise Regulation #### Subtitle 1 – Definitions; General Provisions ##### § 9-101 Definitions. Balt., Md., Code § 9-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Impulse sound” means a short burst of acoustical energy such as that produced by weapons fire, a punch press, or a drop hammer. A pressure time history of a single impulse includes a rapid rise to a maximum peak pressure followed by a somewhat slower decay, both occurring within 1 second. (c) “Motor vehicle” has the meaning stated in § 11-135 of the State Transportation Article {“Maryland Vehicle Law”}. (d) “Noise” means any steady-state or impulse sound that occurs on either a continuous or intermittent basis. (e) “Peak pressure” is the sound level in decibels of an impulse sound measured with sound instrumentation that uses the flat response or linear scale. (f) “Steady-state sound” means a periodic or random variation, with a duration of more than 1 second, in atmospheric pressure at audible frequencies. *History: Ord. 99-548* ##### § 9-102 Construction of title. Balt., Md., Code § 9-102 (2026) (a) This title is to be liberally construed to effectuate its purposes. (b) This title is not to be construed to permit anything that is prohibited by any other federal, state, or local law or regulation. *History: Ord. 99-548* ##### § 9-103 Exemptions. Balt., Md., Code § 9-103 (2026) (a) This title does not apply to any of the following: (1) motor vehicles, aircraft, or other equipment used in an emergency by any government agency or by any public service company, as defined in State Code Article 78; or (2) warning devices necessary for public safety, such as train horns and police, fire, and ambulance sirens. (b) This title does not apply to the following, except as specifically stated in this title or where standards are set by the rules or regulations adopted by the Commissioner under § 2-106 {“Rules and regulations”} of this article : (1) motor vehicles; or (2) the construction, repair, or demolition of a structure or street. *History: Ord. 99-548* *History: Text Conformed 03/10/21* ##### § 9-104 Rules and regulations. Balt., Md., Code § 9-104 (2026) (a) The rules and regulations that the Commissioner adopts under § 2-106 {“Rules and regulations”} of this article may include provisions that set: (1) standards and procedures for measuring noise; (2) noise standards for motor vehicle operation; (3) noise standards for the construction, repair, or demolition of structures or streets; (4) standards, limitations, and procedures for obtaining a temporary exemption authorized by Subtitle 2 {“Basic Sound Level Standards”} or Subtitle 3 {“Entertainment and Commercial Noise”} of this title; and (5) other noise standards that the Commissioner considers necessary and appropriate for the protection of the public. (b) (1) Before adopting any rules or regulations under this section, the Commissioner must hold a public hearing at which all interested persons are given an opportunity to testify on any proposed standard and to submit alternative proposals for the Commissioner’s consideration. (2) Notice of the hearing must be published in a newspaper of general circulation in Baltimore City, at least once a week for the 2 successive weeks immediately before the hearing. *History: Ord. 99-548* *History: Text Conformed 03/10/21* #### Subtitle 2 – Basic Sound Level Standards ##### Part I – Definitions; General Provisions ###### § 9-201 Definitions. Balt., Md., Code § 9-201 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Decibel” or “dB” means the unit of measurement of relative sound intensity equal to 20 times the logarithm to the base 10 of the ratio of the effective sound pressure to a reference pressure of 20 micronewtons per square meter. (2) In formula, dB = 20 Log10 P/P0 where P is the average pressure of the measured sound, and P0 indicates the reference pressure considered to be the weakest audible pressure a young ear can detect under ideal listening conditions. (c) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 9-218 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. (d) “Sound level A” or “dB(A)” is the sound level in decibels, measured with a sound level meter that uses the A-weighting network or scale, as specified in ANSI S1.4 (“Specification for Sound Level Meters”), as amended from time to time. (e) “Use” means any activity, occupation, business, or operation that is conducted on land or in or on a street, building, pier, wharf, or other structure. (f) “Zone, commercial” means any of the following zoning districts established under the Baltimore City Zoning Code: (1) all Commercial Zoning Districts; (2) all OIC Office-Industrial Campus Zoning Districts; (3) all BSC Bio-Science Campus Zoning Districts; (4) all IMU-1 and IMU-2 Industrial Mixed-Use Zoning Districts; and (5) all TOD Transit-Oriented Development Zoning Districts. (g) “Zone, manufacturing” means any of the following zoning districts established under the Baltimore City Zoning Code: (1) all I-1 Light Industrial Zoning Districts; (2) all I-2 General Industrial Zoning Districts; and (3) all MI Maritime Industrial Zoning Districts. (h) “Zone, residential” means any of the following zoning districts established under the Baltimore City Zoning Code: (1) all Residential Zoning Districts; and (2) all Office-Residential Zoning Districts. *History: Ord. 99-548* *History: Ord. 16-581* *History: Ord. 19-244* *History: Ord. 22-125* ###### § 9-202 Declaration of findings and policy. Balt., Md., Code § 9-202 (2026) (a) The Mayor and City Council finds that excessive or unnecessary noise in the City is a menace to the welfare and prosperity of the people of the City. (b) It is the public policy of the City that: (1) everyone is entitled to an ambient noise level that is not detrimental to life, health, or enjoyment of property; (2) the ambient noise level in the City should be controlled and reduced: (i) to promote the public health, safety, and welfare and the peace and quiet of the City’s inhabitants; and (ii) to facilitate the enjoyment of the City’s natural attractions; and (3) to those ends, standards for noise must be set and enforced, as provided in this subtitle. *History: Ord. 99-548* ###### §§ 9-203 to 9-204 Balt., Md., Code § 9-203 to 9-204 (2026) Reserved ##### Part II – Maximum Sound Levels ###### § 9-205 In general. Balt., Md., Code § 9-205 (2026) (a) (1) No person may cause or permit a sound level that exceeds the applicable level specified in this subtitle. (2) No person may cause or permit a sound level from the construction, repair, or demolition of a structure or street that exceeds any applicable level set by a rule or regulation of Commissioner, except in accordance with a temporary exemption permit or as necessary to do emergency work. (3) No person may operate a motor vehicle so as to exceed any applicable sound level set by a rule or regulation of the Commissioner. (4) No person may use a vehicle horn except: (i) as reasonably necessary to assure safe operation; or (ii) as an emergency warning signal. (b) For sound levels set in this subtitle, measurements must be made with instruments calibrated by means of accepted acoustical techniques to an accuracy of plus or minus 1 dB(A). *History: Ord. 99-548* ###### § 9-206 Limits. Balt., Md., Code § 9-206 (2026) (a) (1) Except as otherwise specified in this subtitle, the maximum permissible sound levels are as set in this section for the applicable zone. (2) Where the property line of a use coincides with a zone boundary, the level specified in this section for the zone boundary controls. (3) Where the use is on a public street, the “property line” referred to in this section is the boundary of the public right-of-way. (b) If the sound is from a use in a manufacturing zone, the maximum permissible sound level is: (1) 75 dB(A) at any point on the property line of the use; (2) 70 dB(A) at any point on a boundary that separates the manufacturing zone from a commercial zone; and (3) 70 dB(A) at any point on a boundary that separates the manufacturing zone from a residential zone. (c) If the sound is from a use in a commercial zone, the maximum permissible sound level is: (1) 61 dB(A) at any point on the property line of the use; (2) 64 dB(A) at any point on a boundary that separates the commercial zone from a manufacturing zone; and (3) 58 dB(A) at any point on a boundary that separates the commercial zone from a residential zone. (d) If the sound is from a use in a residential zone, the maximum permissible sound level is: (1) 55 dB(A) at any point on the property line of the use; (2) 61 dB(A) at any point on a boundary that separates the residential zone from a manufacturing zone; and (3) 58 dB(A) at any point on a boundary that separates the residential zone from a commercial zone. *History: Ord. 99-548* ###### § 9-207 Nighttime sound reductions. Balt., Md., Code § 9-207 (2026) Between the hours of 9 p.m. and 7 a.m., the maximum permissible sound specified in § 9-206 {“Limits”} of this subtitle must be reduced by 5 dB(A) for any use that: (1) borders on a residential zone; or (2) except for the level permitted by § 9-206(d)(2) of this subtitle, is in a residential zone. *History: Ord. 99-548* ###### § 9-208 Permitted deviations. Balt., Md., Code § 9-208 (2026) (a) The maximum permissible sound levels specified in § 9-206 {“Limits”} of this subtitle may be exceeded by no more than: (1) 5 dB(A) for a total of not more than 12 minutes in any 1-hour period; (2) 10 dB(A) for a total of not more than 3 minutes in any 1-hour period; or (3) 15 dB(A) for a total of not more than 30 seconds in any 1-hour period. (b) Noncommercial vehicular repairs and the use of home workshops, power tools, and power garden equipment are allowed: (1) between the hours of 7 a.m. and 9 p.m. on weekdays; and (2) between the hours of 10 a.m. and 10 p.m. on weekends and legal holidays. (c) Air conditioning and heat pump equipment used to cool or heat housing on residential property may exceed the maximum sound levels specified in § 9-206 {“Limits”} of this subtitle as long as the sound level does not exceed: (1) for air conditioning equipment, 70 dB(A) at any point on the property line of any other residential property; and (2) for heat pump equipment, 75 dB(A) at any point on the property line of any other residential property. *History: Ord. 99-548* ###### § 9-209 Temporary exemptions. Balt., Md., Code § 9-209 (2026) (a) When in the public interest, the Commissioner of Health may grant a temporary exemption from the maximum permissible sound levels specified in this subtitle. (b) (1) An application for a temporary exemption must be made in the form that the Commissioner requires. (2) In addition to any other information that the Commissioner requires, the application must contain: (i) the name of the applicant; (ii) the location of the property for which the exemption is requested; (iii) the dates and hours for which the exemption is requested; (iv) the equipment, instruments, or devices that will be producing the sound; (v) the name of the person in charge of operating the equipment, instruments, or devices; and (vi) a statement of the reason the exemption is needed or appropriate. (c) A temporary exemption must: (1) be in writing; (2) be signed by the Commissioner; and (3) set forth: (i) the name of the person granted the exemption; (ii) the location of the property for which the exemption is granted; (iii) the dates and hours for which the exemption is effective; (iv) the equipment, instruments, or devices to which the exemption is limited; and (v) any conditions or requirements that the Commissioner specifies. (d) A temporary exemption: (1) may be granted only for a period that is reasonable in view of all the facts, but in no case for more than 30 days; (2) may not be granted more than 3 times in any 1 calendar year for the same location; and (3) may not permit its holder to exceed the maximum permissible sound levels specified in this subtitle by more than 25 dB(A). *History: Ord. 99-548* ###### §§ 9-210 to 9-211 Balt., Md., Code § 9-210 to 9-211 (2026) Reserved ##### Part III – Enforcement ###### § 9-212 Notice of violation. Balt., Md., Code § 9-212 (2026) (a) If the Commissioner of Health believes that any provision of this subtitle has been violated, the Commissioner may issue a written notice to the alleged violator. (b) The notice must: (i) specify the nature and facts of the violation, including the dB(A) readings noted and the time and place of their detection; and (ii) order corrective action to be taken within the time the Commissioner specifies. *History: Ord. 99-548* ###### § 9-213 Enforcement by Commissioner. Balt., Md., Code § 9-213 (2026) If corrective action is not taken within the time specified in the notice, the Commissioner may institute injunctive or other legal proceedings in a court of competent jurisdiction *History: Ord. 99-548* ###### § 9-214 Private actions; civil damages. Balt., Md., Code § 9-214 (2026) (a) (1) Subject to paragraph (2) of this subsection, any person may bring a civil action against any person who is in violation of a noise control requirement of this subtitle. (2) An action under this subsection may not be brought: (i) before 60 days after the complainant has given notice of the violation to the Commissioner and to the alleged violator; or (ii) while the Commissioner is diligently prosecuting a civil action to require the alleged violator to comply with this subtitle. (b) Nothing in this subtitle limits the right of any person to damages or other relief for injury to person or property. *History: Ord. 99-548* ###### §§ 9-215 to 9-216 Balt., Md., Code § 9-215 to 9-216 (2026) Reserved ##### Part IV – Penalties ###### § 9-217 Enforcement by citation. Balt., Md., Code § 9-217 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* ###### § 9-218 Penalties: $1,000. Balt., Md., Code § 9-218 (2026) (a) Any person who neglects, refuses, or otherwise fails to comply with a notice issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each day a violation continues is a separate offense. *History: Ord. 99-548* #### Subtitle 3 – Entertainment and Commercial Noise ##### Part I – General Provisions ###### § 9-301 Declaration of findings and intent. Balt., Md., Code § 9-301 (2026) (a) Having received an increasing number of complaints from citizens about noise and having made certain observations of the subject, the Mayor and City Council of Baltimore finds that: (1) excessive noise, when unnecessary for religious, political, civic, commercial, or other constitutionally protected activities or when not generated in the course of other activity needed to carry on daily life, creates a significant threat to the public health, safety, and welfare in an area as densely populated as Baltimore City; (2) the noises most obnoxious to the public health, safety, and welfare and least necessary for any constitutionally protected or otherwise necessary activity are those that are loud, boisterous, raucous, or unseemly or that are generated solely for the purpose of entertainment, without regard to the health, welfare, and safety of others who, because of population density, are unable to avoid being subjected to those noises; and (3) an alarming increase is occurring in the frequency and volume of this sort of noise, particularly from loud parties and from the plethora of portable sound-producing and reproducing devices available today. (b) The Mayor and City Council intend this subtitle, therefore, to serve as a vehicle for the control and regulation of noises that pose a threat to the health, safety, or welfare of the citizens of Baltimore. One part of this subtitle regulates noises generated solely for entertainment purposes. Another balances the public interest in regulating certain types of noisy commercial advertising to protect the public health, safety, and welfare, on the one hand, against the interests of the commercial establishments employing that advertising, on the other. *History: Ord. 99-548* ###### § 9-302 Scope of subtitle. Balt., Md., Code § 9-302 (2026) (a) This subtitle applies to commercial, religious, political, civic, or free speech activities only: (1) where the application is clearly indicated; or (2) where religious, fraternal, civic, political, charitable, or civic organizations provide entertainment, as in the case of “fund raisers” or similar activities. (b) This subtitle does not apply to: (1) City-sponsored events in public parks; (2) sound equipment used at any professional sports stadium; or (3) any public service company, as defined in State Code Article 78. *History: Ord. 99-548* ###### § 9-303 Temporary exemptions. Balt., Md., Code § 9-303 (2026) (a) The Commissioner of Health may issue a permit for a temporary exemption from this subtitle for commercial, political, civic, charitable, or other organizations to conduct activities such as fund raisers, carnivals, bazaars, meetings, and other special events. (b) (1) An application for a temporary exemption must be made in the form that the Commissioner requires. (2) In addition to any other information that the Commissioner requires, the application for must contain: (i) the name of the applicant; (ii) the location of the property for which the exemption is requested; (iii) the dates and the hours for which the exemption is requested; (iv) the equipment, instruments, or devices that will be producing the sound; (v) the name of the person in charge of operating the equipment, instruments, or devices; and (vi) a statement of the reason the exemption is needed or appropriate. (c) Before issuing a temporary exemption, the Commissioner must consider the impact of the proposed activity on the surrounding area. (d) A temporary exemption must: (1) be in writing; (2) be signed by the Commissioner; and (3) set forth: (i) the name of the person granted the exemption; (ii) the location of the property for which the exemption is granted; (iii) the dates and hours for which the exemption is effective; (iv) the equipment, instruments, or devices to which the exemption is limited; and (v) any conditions or requirements that the Commissioner specifies. *History: Ord. 99-548* ###### §§ 9-304 to 9-305 Balt., Md., Code § 9-304 to 9-305 (2026) Reserved ##### Part II – Entertainment Noise ###### § 9-306 Prohibited conduct — in general. Balt., Md., Code § 9-306 (2026) Except as authorized under § 9-303 {“Temporary exemptions”} of this subtitle, no person may play, operate, or permit to be played or operated any radio, musical instrument, phonograph, tape- or compact disc-player, or other device for the production or reproduction of sound if: (1) that sound is used or intended for entertainment; and (2) either: (i) the device is in a building or other structure or in a vehicle, and the sound can be heard more than 50 feet away from the building, structure, or vehicle or, if further, 50 feet from the boundaries of the property surrounding the building or structure; (ii) the device is in or on a public street, building, park, or other public area, in or on a public access area, such as a shopping mall, parking lot, etc., or on any private property and the sound can be heard more than 50 feet from its source; or (iii) the device is being played between 10 p.m. and 8 a.m. in or on a public street, unless the person is participating in a school band or a licensed parade or has otherwise been authorized to play the device. *History: Ord. 99-548* ###### § 9-307 Prohibited conduct —parents or guardians of minors. Balt., Md., Code § 9-307 (2026) A parent or guardian may not knowingly permit a minor for whom the parent or guardian is responsible to violate § 9-306 {“Prohibited conduct — in general”} of this subtitle. *History: Ord. 99-548* ###### § 9-308 Presumptions. Balt., Md., Code § 9-308 (2026) (a) If the device is located in a building or other structure or in a vehicle, the owner, occupant, resident, manager, operator, or other person in charge of the premises or vehicle, if present, is presumed to be responsible in the absence of evidence to the contrary. (b) If the device is outdoors, the person possessing it is presumed to be responsible in the absence of evidence to the contrary. *History: Ord. 99-548* ###### § 9-309 Violations by minors. Balt., Md., Code § 9-309 (2026) (a) A police officer who finds any minor violating § 9-306 {“Prohibited conduct — in general”} of this subtitle must order the minor to stop the violation. (b) (1) If the minor fails to comply with the order, the police officer may take him or her into custody. (2) After the information necessary to carry out the purposes of this subtitle has been recorded, the minor must be: (i) promptly released to his or her parent or guardian, with written notice to the parent or guardian of the violation; and (ii) referred to the Baltimore City Police Department’s court sanctioned pre-intake adjustment program. *History: Ord. 99-548* ###### §§ 9-310 to 9-311 Balt., Md., Code § 9-310 to 9-311 (2026) Reserved ##### Part III – Commercial Noise ###### § 9-312 Loudspeakers, etc. Balt., Md., Code § 9-312 (2026) (a) No commercial enterprise may broadcast over a loudspeaker or other device so that the sound can be heard more than 100 feet from the boundaries of the building or property where the device is located or, if the device is in a vehicle, more than 100 feet from that vehicle. (b) The owner, manager, operator, or other person in charge of the building, premises, or vehicle from which the sound emanates is presumed to be responsible in the absence of evidence to the contrary. *History: Ord. 99-548* ###### § 9-313 Outcrying. Balt., Md., Code § 9-313 (2026) (a) Except as specified in subsection (b) of this section, no person may sell anything by outcry between 10 p.m. and 8 a.m. (b) This section does not apply to the sale of merchandise, food, or beverages at licensed sporting events, parades, fairs, circuses, and similar, licensed entertainment events. *History: Ord. 99-548* ###### §§ 9-314 to 9-315 Balt., Md., Code § 9-314 to 9-315 (2026) Reserved ##### Part IV – Penalties ###### § 9-316 Enforcement by citation. Balt., Md., Code § 9-316 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* ###### § 9-317 Penalties. Balt., Md., Code § 9-317 (2026) (a) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, subject to the penalties specified in this section. (b) For an adult who violates § 9-306 {“Prohibited conduct — in general”} of this subtitle, the penalty is a fine of not more $500 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. (c) For a parent or guardian who violates § 9-307 {“Prohibited conduct —parents or guardians of minors”} of this subtitle within 12 months after receiving written notice of the minor’s having violated § 9-306 {“Prohibited conduct — in general”} of this subtitle, the parent or guardian is subject to a fine of not more than $100 for each offense. (d) For any violation of § 9-313 {“Outcrying”} of this subtitle, the penalty is a fine of not more than $1,000 for each offense. (e) (1) For any violation of § 9-312 {“Loudspeakers, etc.”} of this subtitle, the penalty is a fine of not more than $1,000 or imprisonment for not more than 60 days or both fine and imprisonment for each offense. (2) Every day that a violation continues is a separate offense. *History: Ord. 99-548* #### Subtitle 4 – Amplified Sounds in Market Center ##### Part I – Definitions; General Provisions ###### § 9-401 Definitions. Balt., Md., Code § 9-401 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commercial speech” means speech or sound intended to promote any business or other activity carried on for profit. (c) “Market Center Urban Renewal Area” means the urban renewal area established by the Market Center Urban Renewal Plan. (d) “Publicly amplified sound” means any radio, phonograph, tape- or compact disc-player, loudspeaker, or other device that: (1) electronically produces, reproduces, or amplifies the human voice or other sound; and (2) is located: (i) on public property; or (ii) on private property, but either: (A) in an unenclosed area; or (B) if in an enclosed area, within 9 feet of the nearest outside edge of the enclosed area. *History: Ord. 99-548* ###### § 9-402 Declaration of findings and intent. Balt., Md., Code § 9-402 (2026) (a) (1) The Mayor and City Council finds that the Market Center Urban Renewal Area serves the City in many important and irreplaceable ways. Most obviously, the area is a heavily used and essential retail and office district, providing job and shopping opportunities for countless thousands of City residents. (2) Equally important, however, is the traditional role that the area serves as a public forum for many diverse kinds of City residents. On any given day, dozens of people come to the district to promote their ideas on a wide variety of topics. (b) (1) The Mayor and City Council further finds that publicly amplified sounds have hindered the use of the Market Center Urban Renewal Area, both as a shopping, office, and employment center and as a marketplace for the exchange of ideas. (2) While recognizing that, in some instances, the reasonable use of amplification equipment facilitates the exchange of ideas, the Mayor and City Council finds that the indiscriminate use of this equipment in the Market Center has created a condition demonstrably injurious to the health, welfare, and safety of the citizens of Baltimore. (3) Specifically, the Mayor and City Council finds that publicly amplified sound: (i) can be injurious to the health of those exposed to it; (ii) when coming from or near a first floor business, impairs the use of offices above that business; (iii) deters people from coming to the Market Center to shop, work, and exchange ideas; (iv) hinders efforts to attract new businesses to the Market Center; (v) can be hazardous to pedestrians and motorists in the Market Center; and (vi) aggravates an already-existing din that is caused by the architecture, building arrangement, proximity of businesses, and topography of the area and that is at its worst between 11 a.m. to 3 p.m. (c) Through the enactment of this subtitle, the Mayor and City Council intends: (1) to promote the use of the retail district both as a shopping, office, and employment center and as a marketplace for the exchange of ideas; and (2) to control the negative effects of publicly amplified sounds while allowing reasonable use of electronic amplification equipment. *History: Ord. 99-548* ###### § 9-403 Scope of subtitle. Balt., Md., Code § 9-403 (2026) (a) With respect to publicly amplified sounds in the Market Center Urban Renewal Area, this subtitle supersedes all other noise regulations of the City Code. (b) This subtitle does not apply work performed by a public service company, as defined in State Code Article 78. *History: Ord. 99-548* ###### §§ 9-404 to 9-405 Balt., Md., Code § 9-404 to 9-405 (2026) Reserved ##### Part II – General Regulations ###### § 9-406 Commercial speech. Balt., Md., Code § 9-406 (2026) (a) In the Market Center Urban Renewal Area, between 11 a.m. and 3 p.m., Monday through Saturday, no person may use any publicly amplified sound that contains commercial speech. (b) At all other times in the Market Center Urban Renewal Area, no person may use any publicly amplified sound that contains commercial speech without a permit to do so from the Commissioner. *History: Ord. 99-548* ###### § 9-407 Noncommercial speech. Balt., Md., Code § 9-407 (2026) At all times in the Market Center Urban Renewal Area, no person may use any publicly amplified sound not containing commercial speech without a permit to do so from the Commissioner. *History: Ord. 99-548* ###### § 9-408 Loud and raucous sounds prohibited. Balt., Md., Code § 9-408 (2026) All loud and raucous sound is prohibited in the Market Center Urban Renewal Area. The receipt of a permit is not a defense to a charge of producing or causing any loud and raucous sound. *History: Ord. 99-548* ###### §§ 9-409 to 9-411 Balt., Md., Code § 9-409 to 9-411 (2026) Reserved ##### Part III – Permits ###### § 9-412 Applications. Balt., Md., Code § 9-412 (2026) (a) An application for a permit must be made in the form that the Commissioner requires. (b) In addition to any other information that the Commissioner requires, the application must contain: (1) the name of the applicant; (2) the location of the property for which the permit is requested; (3) the dates and hours for which the exemption is requested; (4) the equipment that will be used to amplify sound; and (5) a statement as to whether the sound will contain commercial speech. *History: Ord. 99-548* ###### § 9-413 Review and issuance. Balt., Md., Code § 9-413 (2026) (a) The Commissioner must: (1) review each application for a permit within 3 days of its submission; and (2) on a reasonable showing that the amplifying equipment will not be used to produce loud and raucous sounds, promptly issue the permit to the applicant. (b) Except as needed to verify the noncommercial nature of any proposed speech, the Commissioner may not inquire into the content of the speech sought to be amplified. (c) The Commissioner may not charge a fee for the permit. (d) Each permit: (1) is valid for 60 days; and (2) may be renewed an indefinite number of times. *History: Ord. 99-548* ###### § 9-414 Judicial review of denied application. Balt., Md., Code § 9-414 (2026) (a) Within 3 days after the Commissioner of Health denies any application for a permit, the Commissioner must: (1) apply to the Circuit Court for Baltimore City for a review of the denial; and (2) notify the applicant by first class mail of this action. (b) If the Court does not render a decision within 10 days of the permit denial, the applicant may proceed as if a permit had been granted, subject to: (1) the same restrictions and obligations that apply to permits issued under this subtitle; and (2) immediate termination of all electronic amplification if the Court later affirms the Commissioner’s denial. (c) If the Court affirms the Commissioner’s denial of the permit, the Commissioner must cooperate with any motion for expedited appeal made by the applicant. *History: Ord. 99-548* ###### §§ 9-415 to 9-416 Balt., Md., Code § 9-415 to 9-416 (2026) Reserved ##### Part IV – Penalties ###### § 9-417 Enforcement by citation. Balt., Md., Code § 9-417 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* ###### § 9-418 Penalties: $500 and 10 days. Balt., Md., Code § 9-418 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or to imprisonment for not more than 10 days or to both fine and imprisonment for each offense. *History: Ord. 99-548* ### Title 10 – Animal Control and Protection #### Subtitle 1 – General Provisions ##### Part I – Definitions; Purpose ###### § 10-101 Definitions. Balt., Md., Code § 10-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Alter” means to surgically or chemically render an animal incapable of reproducing. (c) “Animal” means any living creature other than a human being. (d) “Animal at large” has the meaning stated in § 10-504 of this title. (e) “Animal clinic” means any facility that is regularly used by a veterinarian for the immunization, diagnosis, or treatment of or surgery on animals. (f) “Animal enforcement officer” has the meaning stated in § 10-110 {“Animal enforcement officers”} of this title. (g) “Animal fancier” means a person who owns or keeps, within or adjoining a private residence, 2 or more animals for the non-commercial purposes of: (1) breeding; (2) hunting; (3) tracking; (4) exhibition in shows; or (5) exhibition in field or obedience trials. (h) “Animal shelter” means any facility that is owned or operated by or under contract with the City or a humane society for the care or detention of animals under authority of State or City law. (i) “Animal show” means any commercial circus, variety show, spectacle, display, act, or event in which animals perform. (j) (k) (1) “Cat” means any domesticated feline. (2) “Cat” does not include any: (i) wild or exotic feline; or (ii) except as specifically stated, feral cat. (l) (1) “Commercial establishment” means, except as provided in paragraph (3) of this subsection, any person engaged in the business of selling, transferring, or conveying animals or providing animal services. (2) “Commercial establishments” includes any: (i) animal auction; (ii) animal show; (iii) commercial kennel; (iv) commercial pet distribution or other facility where animals are held for sale at wholesale or for distribution to other commercial establishments or to zoological parks, aviaries, or aquariums; (v) grooming establishment or similar facility where animals are cleaned, bathed, clipped, plucked, or otherwise groomed for a fee; (vi) stable or other facility for horses; (vii) pet shop; (viii) petting zoo or other commercial establishment, activity, or facility that permits persons to come into physical contact with animals maintained by the establishment, activity, or facility; or (ix) zoological park. (3) “Commercial establishments” does not include any: (i) animal clinic, unless it engages in the boarding of healthy animals not currently being treated by the clinic; (ii) animal shelter; or (iii) animal fancier. (m) (1) “Commercial kennel” means, except as specified in paragraph (2) of this subsection, any facility: (i) for the commercial breeding of dogs or cats; or (ii) where dogs or cats are boarded, groomed, sold, bought, or trained for a fee. (2) “Commercial kennel” does not include any: (i) animal clinic, unless it engages in the boarding of healthy animals not currently being treated by the clinic; (ii) animal shelter; or (iii) animal fancier. (n) “Custodian” means a person: (1) who temporarily or permanently provides food, shelter, and care for an animal in the absence of the owner; or (2) who exercises control over the particular animal on a regular basis. (o) “Dangerous animal” has the meaning stated in § 10-702 of this title. (p) “Dog” means any member of the domesticated canine species. (q) “Domesticated animal” means any animal of a species that: (1) has been bred and raised and is accustomed to live in or about the habitation of humans; and (2) is dependent on humans for food or shelter. (r) (1) “Exotic animal” means: (i) any wild animal of a species that is not indigenous to the State of Maryland; and (ii) any other animal that the Commissioner specifies by rule or regulation adopted under § 2-106 “Rules and regulations”} of this subtitle. (2) “Exotic animal” includes any hybrid animal that is part exotic animal. (s) “Feral cat” means a cat that is unsocialized to humans and has a temperament of extreme fear of and resistance to contact with humans. (t) “Feral cat caregiver” means any person who, in accordance with a program approved by the Commissioner to trap, alter, vaccinate for rabies and distemper, ear tip, and return feral cats: (1) provides care, including food, shelter, or medical care, to the cat; or (2) has temporary custody of the cat. (u) “Humane officer” means an agent of a humane society who has been registered and approved by the Commissioner to perform the duties specified in this title. (v) “Humane society” means an entity incorporated under the laws of this State for the prevention of cruelty to animals or for promoting the humane care and treatment of animals. (w) “Hybrid animal” means any animal that is a cross bred between a domesticated animal, exotic animal, or wild animal. (x) “Keep” means for an owner, custodian, or occupant of real property to: (1) feed or shelter any animal on the premises of the occupant, custodian, or owner; or (2) to permit another to feed or shelter any animal on the premises of the occupant, custodian, or owner. (y) “Office” means the Health Department’s Office of Animal Control or the Office’s agent. (z) “Owner” means any person who: (1) has a right of property in the animal; (2) is the parent or guardian of a minor who owns or possesses an animal (and, for the purposes of this title, the parent or guardian is responsible for the animal); or (3) is the individual who has been approved for a license or permit of an animal. (aa) “Panel” means the Animal Hearing Panel in the Department of Health. (bb) “Pet” means any animal kept primarily for pleasure rather than utility. (cc) “Pet shop” means any establishment, whether maintained separately or in connection with another commercial enterprise, that offers live animals for sale with the intent or expectation that they be kept as pets. (dd) “Veterinarian” means an individual authorized by law to practice veterinary medicine in the State of Maryland. (ee) “Vicious animal” has the meaning stated in § 10-703 of this title. (ff) “Wild animal” means any animal that is normally found in the wild. (gg) (1) “Zoological park” means a facility in which more than 1 species of animal: (1) is confined within enclosures; and (2) exhibited or displayed to the public for a fee. (2) “Zoological park” includes an aquarium. (3) “Zoological park” does not include the other animal establishments listed in the definition of “commercial establishment”. *History: Ord. 00-024* *History: Ord. 99-548* *History: Ord. 07-583* *History: Ord. 11-573* *History: Text Conformed 03/10/21* ###### § 10-102 Purpose of title. Balt., Md., Code § 10-102 (2026) The purpose of this title is: (1) to provide for the health, safety, and welfare of the public; (2) for humane care and treatment of animals; (3) for the protection of animals from abuse , cruelty, and neglect; and (4) for the prevention and removal of nuisances. *History: Ord. 11-573* ###### § 10-103 Balt., Md., Code § 10-103 (2026) Reserved ##### Part II – Administration ###### § 10-104 Rules and regulations Balt., Md., Code § 10-104 (2026) The rules and regulations that the Commissioner adopts under § 2-106 {“Rules and regulations’] of this article may include provisions: (1) for the issuance of permits and licenses under this title; (2) requiring the humane care of all animals; (3) governing the general care and control of animals; (4) governing the operation of facilities subject to this title; (5) providing for the approval of programs to trap, alter, vaccinate for rabies, ear tip, and return feral cats; (6) to define or further define terms used in this title; and (7) to carry out the provisions of this title. *History: Ord. 99-548* *History: Ord. 07-583* *History: Ord. 11-573* ###### § 10-105 Mayor’s Anti-Animal Abuse Advisory Commission. Balt., Md., Code § 10-105 (2026) The Commissioner may request the Mayor’s Anti-Animal Abuse Advisory Commission, established under City Code Article 1, Subtitle 55,. to research best practices and make recommendations to the Commissioner about the regulation and treatment of animals. *History: Ord. 11-573* ###### § 10-106 Fees. Balt., Md., Code § 10-106 (2026) (a) With the approval of the Board of Estimates, the Commissioner may set fees and charges for: (1) the issuance and renewal of all licenses and permits issued under this title; (2) the removal or disposal of dead animals by the City for any animal clinic, humane society, veterinary office, or other institution or agency or person; and (3) any of the other services provided under this title. (b) With the approval of the Board of Estimates and the Director of Finance, a percentage of all the funds collected for the City under this title (e.g., fees and charges) may be appropriated to the Health Department in order for the Office to fund its animal control and protection programs in Baltimore City. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-107 Contracting with others for services. Balt., Md., Code § 10-107 (2026) With the approval of the Commissioner and the Board of Estimates, the Department may enter into a contract with others to provide services under this title, except for non-delegable government functions. *History: Ord. 11-573* ###### § 10-108 Inspections, investigation of complaints, and impoundment. Balt., Md., Code § 10-108 (2026) (a) (1) In accordance with § 2-107 {“Right of entry”} of this Article and § 104.6 {“Right of entry”} of the Baltimore City Building Code, the Commissioner may inspect all animals and all premises where animals are kept. (2) The right to make these inspections is a condition of the issuance of any license or permit issued under this title. (b) The Commissioner must make every effort to investigate all complaints submitted under Part III of this subtitle. (c) The Commissioner may impound animals as required or authorized by this title. *History: Ord. 99-548* *History: Ord. 11-573* *History: Ord. 15-427* ###### § 10-109 Office of Animal Control. Balt., Md., Code § 10-109 (2026) (a) There is an Office of Animal Control in the Department of Health. (b) The head of the Office is the Director of Animal Control, who is appointed by the Commissioner from a list certified by the Civil Service Commission. (c) The Commissioner may appoint the staff of the Office as provided in Title 2 of this article. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-110 Animal enforcement officers. Balt., Md., Code § 10-110 (2026) (a) In this section, “animal enforcement officer” means any person: (1) designated by the Commissioner as an animal enforcement officer; and (2) appointed by the Police Commissioner under City Code Article 19, § 71-1 for the purpose of enforcing the animal control and protection laws, rules, and regulations of this City and State. (b) Animal enforcement officers are authorized and empowered to: (1) enforce this title by impounding animals found at large, animals injured, ill, or neglected, or found to be diseased; (2) enforce the license, permit, and inoculation requirements of this title; (3) enforce the cruelty and neglect provisions of this title by removing and impounding mistreated animals; (4) administer emergency assistance to injured animals that come into the custody of the City, without need to obtain the consent of the owners or custodians of the animals; (5) in accordance with § 10-108 of this subtitle, conduct inspections of animal facilities and private residences, as directed by the Commissioner; (6) issue citations to persons who are in violation of this title; and (7) enforce any requirements of the animal control and protection laws, rules, and regulations of this City and, as authorized by State law, of this State. (c) An animal enforcement officer may direct an owner or custodian to: (1) provide veterinary examination and treatment of an animal; (2) abate conditions that adversely affect the health and well-being of an animal, including the use or provision of: (i) protection from the elements; (ii) protection from hazardous conditions; (iii) methods of restraint or confinement; (iv) wholesome food and potable water; and (v) sanitary conditions; and (3) properly comply with any other provision of this title. (d) An animal enforcement officer must comply with the requirements of § 2-107 {“Right of entry”} of this article and § 104.6 {“Right of entry”} of the Building Code when entering any land, structure, or premises in the City. (e) (1) A commercial establishment may not refuse an inspection authorized by § 10-108 of this subtitle. (2) Animal enforcement officers are authorized to inspect commercial establishments: (i) to determine if the establishment is operating in compliance with its license or permit requirements; (ii) to determine that all animals are being treated and kept in compliance with the establishment’s license or permit requirements; (iii) to determine that all animals within the facility are being treated and kept in compliance with this title; or (iv) when responding to a complaint that: A. an animal is being treated inhumanely or in violation of this title; B. the facility is being maintained in an unsanitary manner; or C. animals are being kept or the establishment is being maintained in violation of any provision of this title. (f) (1) If the Commissioner determines that an animal is being subjected to cruelty or neglect, the animal enforcement officer may refer the matter to the State Attorney’s office for prosecution. (2) In addition, the Health Commissioner may refer the matter for further criminal investigation to the police officer in the Chief of Patrol’s Office who has been designated by the Police Commissioner as the Police Department’s Animal Cruelty Liaison to the Office. *History: Ord. 11-573* ###### § 10-111 Service of notice. Balt., Md., Code § 10-111 (2026) (a) Notices issued to a person under this title must be: (1) in writing; and (2) served: (i) in person; (ii) by certified mail, return receipt requested; (iii) by delivery to an individual of suitable age and discretion who resides at the person’s last known address; or (iv) by posting on the main entrance of the premises at which the violation occurred and mailing by regular mail to the person at that person’s last known address. (b) The last known address of an animal’s owner or custodian may be determined by the animal’s tag, tattoo, microchip, license, permit, or property on which the animal was found. *History: Ord. 11-573* ###### § 10-112 Obstructing, etc. officer; False statements. Balt., Md., Code § 10-112 (2026) (a) No person may knowingly obstruct, resist, or interfere with the Commissioner, any animal enforcement officer, or any other officer, employee, or authorized representative of the Office. (b) No person may willfully make a false statement about ownership, custodianship, identity, or address to an animal enforcement officer or any authorized representative of the Office. *History: Ord. 11-573* ###### § 10-113 Balt., Md., Code § 10-113 (2026) Reserved ##### Part III – Complaint Process ###### § 10-114 Initiation of complaint. Balt., Md., Code § 10-114 (2026) (a) Any person may submit a complaint to the Office if the person knows of: (1) a violation of this title or of a rule or regulation adopted under this title; or (2) a violation of any other animal control or protection law, rule, or regulation of this City or State. (b) The complaint must be: (1) a written complaint in a form that the Office requires; or (2) an oral complaint that is recorded in the City’s 311 system. (c) The complaint must: (1) describe the animal; (2) identify where it is located; and (3) state in clear language how the animal is in violation of any law, rule, or regulation. *History: Ord. 11-573* ###### § 10-115 Investigation of complaint. Balt., Md., Code § 10-115 (2026) (a) Once a complaint has been submitted and reviewed by the Office, an animal enforcement officer may investigate the complaint to determine its validity. (b) If the Office determines the complaint to be valid, the Office may direct an owner or custodian to properly follow any provision of the animal control and protection laws, rules, and regulations of this City and State. (c) If the owner or custodian is aggrieved by the action of the Office, the person may request a hearing under Subtitle 10 of this title. *History: Ord. 11-573* ###### § 10-116 Finding animal to be dangerous or vicious. Balt., Md., Code § 10-116 (2026) If, on investigation of a complaint, the Office believes that the animal is a dangerous or vicious animal, the Office must: (1) submit a written investigation report to the Animal Hearing Panel; and (2) impound the animal pending a hearing by the Animal Hearing Panel. *History: Ord. 11-573* *History: Ord. 22-124* #### Subtitle 2 – Licensing ##### Part I – Dog and Cat Licenses ###### § 10-201 License required. Balt., Md., Code § 10-201 (2026) (a) The owner of any dog or cat must obtain and renew a license for that dog or cat, as provided in this Part I. (b) The license must be obtained within 10 days of the following, whichever is later: (1) when the dog or cat becomes 4 months old; or (2) when the dog or cat was acquired by the owner, whether or not the previous owner had a license for the animal. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 11-573* ###### § 10-202 License fees. Balt., Md., Code § 10-202 (2026) (a) The Commissioner must provide for the following classes of licenses: (1) Class A Licenses, for: (i) dogs and cats that have been altered; and (ii) dogs and cats that have not been altered, but for which a licensed veterinarian certifies in writing that, because of age or bad health, the animal should not be altered. (2) Class B Licenses, for disability service animals, whether or not altered, on the applicant’s submission of an affidavit claiming the person has a disability. (3) Class C Licenses, for the lifetime of dogs and cats that are altered and microchiped. (4) Class D Licenses, for all other dogs and cats. (b) (1) The license fee for each class is as set under § 10-106 of this title. (2) For owners 65 years old or older, the annual fee for each license class is 50% of the annual fee otherwise set for that class. *History: Ord. 00-024* *History: Ord. 02-323* *History: Ord. 11-573* ###### § 10-203 Applications. Balt., Md., Code § 10-203 (2026) The application for a license must: (1) be in the form that the Commissioner requires; (2) be accompanied by the required fee; (3) be accompanied by an affidavit certifying that neither the applicant nor anyone residing on the applicant’s household has ever been convicted of animal abuse, cruelty, or neglect; and (4) contain: (i) the name and address of the owner; (ii) a description of the dog or cat; (iii) proof of a still-current rabies vaccination, unless this requirement is waived by the Public Health Veterinarian; and (iv) any other information that the Commissioner requires. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 11-573* ###### § 10-204 Issuance of licenses and tags. Balt., Md., Code § 10-204 (2026) (a) (1) On approval of the application and receipt of the required fee, the Office must issue the license. (2) Together with the license, the Office must issue an identification tag that is: (i) durably constructed; (ii) designed so that it can be conveniently fastened or riveted to a well-fitted collar or harness; and (iii) stamped with the year of its issuance and an identifying number. (b) For an unlicensed dog or cat that is reclaimed or adopted from an animal shelter, the animal shelter must: (1) require a license application and the required fee to be submitted to it; and (2) on receipt of the application and receipt of the required fee, issue the license and identification tag for that dog or cat. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 11-573* ###### § 10-205 Term. Balt., Md., Code § 10-205 (2026) Unless sooner suspended or revoked, a dog or cat license (except for a Class C License) expires annually on the anniversary of its issuance. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 11-573* ###### § 10-206 Records; replacements. Balt., Md., Code § 10-206 (2026) (a) The Office and the animal shelter must: (1) keep a record of the identifying numbers of all licenses, identification tags, and microchips issued; and (2) make this record available to the public and other City agencies, subject to a copy fee. (b) If a license, microchip, or an identification tag is lost or destroyed, a replacement must be obtained and the required fee paid. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 11-573* ###### § 10-207 Prohibited conduct. Balt., Md., Code § 10-207 (2026) No person may: (1) fail to obtain a license as required by this Part I; (2) permit any cat or dog for which the person is required to obtain a license to be outdoors at any time unless it is wearing a valid identification tag issued under this subtitle; (3) use any license or identification tag for any dog or cat other than the one for which it was issued; (4) use any license or identification tag that was issued to a previous owner of the dog or cat; (5) remove any identification tag from any dog or cat without the consent of its owner; (6) use any microchip required by this subtitle for any dog or cat other than the one to which the microchip applies; or (7) except as authorized by the Commissioner, remove from any dog or cat any microchip required by this subtitle. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 02-323* *History: Ord. 11-573* ###### § 10-208 Owner to provide copy to custodian. Balt., Md., Code § 10-208 (2026) Whenever the owner of an animal places it in the care or custody of another person, the owner must provide that custodian with a copy of the license and identification tag issued under this Part for the animal. *History: Ord. 11-573* ###### § 10-209 Balt., Md., Code § 10-209 (2026) Reserved ##### Part II – Facility Licenses ###### § 10-210 License required. Balt., Md., Code § 10-210 (2026) (a) No person may operate any of the following facilities without a license to do so from the Commissioner, as provided in this Part II: (1) animal clinic; (2) animal shelter; (3) commercial establishment; or (4) animal fancier. (b) Every facility subject to this Part II is considered a separate enterprise and requires a separate license. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-211 Applications. Balt., Md., Code § 10-211 (2026) The application for a facility license must: (1) be in the form that the Commissioner requires; (2) be accompanied by an affidavit certifying that neither the applicant nor any operator, employee, or agent of the applicant has ever been convicted of animal abuse, cruelty, or neglect; (3) contain the information that the Commissioner requires; and (4) be accompanied by the required fee. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-212 Issuance. Balt., Md., Code § 10-212 (2026) The Office must issue the license if the applicant: (1) meets the requirements of this Part II; and (2) shows the willingness and ability to comply with the requirements of this title and the rules and regulations adopted under it. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-213 Balt., Md., Code § 10-213 (2026) Reserved ###### § 10-214 Term. Balt., Md., Code § 10-214 (2026) Unless sooner suspended or revoked, a facility license expires annually on the anniversary date of its issuance. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-215 Animal records. Balt., Md., Code § 10-215 (2026) (a) Every facility that sells or gives away any animal must keep a record of: (1) the name, address, and telephone number of the person to whom the animal was sold or given; and (2) the breed, color, sex, and age of the animal; and (3) any other information concerning an animal that the Commissioner requires. (b) The facility must: (1) retain these records for at least 2 years; and (2) make them available for inspection by the Office during normal business hours. *History: Ord. 00-024* *History: Ord. 11-573* ###### § 10-216 Prohibited conduct. Balt., Md., Code § 10-216 (2026) No person may operate any facility subject to this Part II in violation of: (1) any condition imposed on the facility’s license; or (2) any provision of this title or of a rule or regulation adopted under this title. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 11-573* ###### §§ 10-217 to 10-218 Balt., Md., Code § 10-217 to 10-218 (2026) Reserved ##### Part III – Denials, Suspensions, and Revocations ###### § 10-219 Grounds for denial, etc. Balt., Md., Code § 10-219 (2026) (a) Subject to the hearing procedures of Subtitle 10 of this title, the Commissioner must deny or revoke any dog or cat license issued under this subtitle if the applicant or licensee, at any time, has been convicted of animal abuse, cruelty, or neglect. (b) Subject to the hearing procedures of Subtitle 10 of this title, the Commissioner may deny, amend, suspend, revoke, or refuse to renew any license or permit issued under this title if the applicant, licensee, or permittee: (1) has withheld or falsified any information on an application; (2) during the preceding year, has failed to reclaim an impounded animal within the time required by Subtitle 8 {“Impoundment”} of this title; (3) during the preceding year, has surrendered an animal after receiving a violation notice or citation; or (4) within any 12-month period, has committed 3 or more violations of this title for which the applicant, licensee, or permitee: (i) has been convicted; or (ii) received environmental or civil citations that have been disposed of other than by a decision of “not guilty”. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 03-595* *History: Ord. 11-573* ###### § 10-220 Additional grounds for denial, etc. Balt., Md., Code § 10-220 (2026) Subject to the hearing procedures of Subtitle 10 of this title, the Commissioner also may deny, suspend, amend, revoke, or refuse to renew any license or permit issued under this title if the applicant, licensee, or permitee neglects, refuses, or otherwise fails to comply with any provision of: (1) this title; (2) a rule or regulation adopted under this title; or (3) any other law governing the keeping and protection of animals. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 11-573* ###### § 10-221 Balt., Md., Code § 10-221 (2026) Reserved ###### § 10-222 No refund on suspension, amendment, or revocation. Balt., Md., Code § 10-222 (2026) No part of a license or permit fee may be refunded when the license or permit is suspended, amended, or revoked. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-223 Surrender or removal of animal on denial, etc. Balt., Md., Code § 10-223 (2026) (a) A person whose license or permit for an animal is denied, suspended, or revoked must, within 5 days of the denial, suspension, or revocation: (1) surrender the animal to the Office; or (2) elect to transfer the animal to a new owner and provide the Office with the two notarized affidavits required by subsection (b) of this section. (b) If the current owner elects to permanently transfer the animal to a new owner, then: (1) within 5 days of the denial, suspension, or revocation of the owner’s license or permit for the animal, the current owner must provide an affidavit to the Office, on the form designated by Office, that includes the following: (i) the name, breed, age, weight, and physical description of the animal; (ii) the new owner’s name, address, phone number, and email address; (iii) the address where the animal will reside; (iv) an acknowledgment that, after transferring the animal to the new owner, the current owner will make no attempt to regain ownership or possession of the animal for the remainder of the animal’s life; (v) any other information that the Office requires; and (vi) the current owner’s notarized signature; and (2) within the same 5-day period, the new owner must provide an affidavit to the Office, on the form designated by Office, that includes the following: (i) the name, breed, age, weight, and physical description of the animal; (ii) the new owner’s name, address, phone number, and email address; (iii) the address where the animal will reside; (iv) an acknowledgment that, after the transfer of the animal to the new owner, the new owner accepts permanent ownership and possession of the animal; (v) an acknowledgment that, after the transfer of the animal to the new owner, the new owner will not transfer the animal back to the current owner for the remainder of the animal’s life; (vi) an acknowledgment that the new owner consents to an inspection of the address where the animal will reside prior to the transfer of the animal; (vii) any other information that the Office requires; and (viii) the new owner’s notarized signature. (c) (1) Before transferring the animal to the proposed new owner, the Office must: (i) verify the information provided in the affidavits provided pursuant to subsection (b) of this section; (ii) verify that the proposed new owner meets the Office’s standards for animal adoption; and (iii) verify the suitability of the new environment for the animal. (2) If the Office, in its sole discretion, determines that any information contained in the notarized affidavits is false, or that another of the requirements of subsection (c)(1) of this section cannot be met, the Office may immediately confiscate the animal. (d) After the Office’s verification and approval of the notarized affidavits, the new owner must reclaim the animal in accordance with § 10-805 {“ Reclaiming animal”} of this title within 72 hours of notice of the approval from the Office. (e) Failure to comply with any of the requirements of this section may result in the immediate confiscation by the Office of the animal for which a license has been denied, suspended, or revoked. *History: Ord. 99-548* *History: Ord. 11-573* *History: Ord. 15-322* ###### § 10-224 Reapplication after denial or revocation. Balt., Md., Code § 10-224 (2026) Any person who is denied a license or permit under this title, or who has had a license or permit revoked under this title, may not reapply for for any license or permit under this title for: (1) 3 years; or (2) if the person was convicted of cruelty to or neglect of animals, 5 years. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 11-573* *History: Ord. 15-322* #### Subtitle 3 – General Care and Control ##### § 10-301 Rabies – Vaccinations. Balt., Md., Code § 10-301 (2026) (a) No person may own or keep a dog, cat, feral cat, or ferret that is older than 4 months unless it has a current rabies vaccination, unless this requirement is waived by the Public Health Veterinarian. (b) (1) Any person who brings a dog, cat, feral cat, or ferret over 4 months old into the City must have readily available a current rabies vaccination certificate signed by a veterinarian or issued by an approved government agency. (2) A dog, cat, feral cat, or ferret for which there is no evidence of a current vaccination must immediately be: (i) vaccinated by a veterinarian; or (ii) removed from the City. (c) (1) Except as provided in paragraph (2) of this subsection, any unlicensed dog, cat, or feral cat that is older than 4 months is presumed to be unvaccinated. This presumption can be rebutted only by a current rabies vaccination certificate signed by a veterinarian or issued by an approved government agency. (2) A feral cat that has been ear tipped is presumed to have been vaccinated at least once. (d) (1) Any veterinarian who administers a rabies vaccination to an animal must complete a vaccination certificate and give a copy of the certificate to the animal’s owner or custodian. (2) In addition to any other information that the Commissioner requires, the certificate must state: (i) the date the vaccination was administered; and (ii) the vaccination’s expiration date. (e) The Commissioner may operate rabies vaccination clinics and charge reasonable fees to defray the cost of the services provided. (f) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner may require rabies vaccinations for other animals. (g) Whenever the owner of an animal places it in the care or custody of another person, the owner must provide that custodian with a copy of the animal’s rabies vaccination certificate. *History: Ord. 99-548* *History: Ord. 00-024* *History: Ord. 07-583* *History: Ord. 11-573* *History: Text Conformed 03/10/21* ##### § 10-302 Rabies – Possible exposure. Balt., Md., Code § 10-302 (2026) (a) In addition to complying with State Health-General Article, § 18-316, a person must immediately, by telephone or in person, report to the Commissioner and the Baltimore City Police Department whenever that person has knowledge of: (1) any animal susceptible to rabies that: (i) has bitten or scratched and broken the skin of any human being; or (ii) otherwise has exposed any human being to a possible rabies infection; (2) any animal that has been bitten by another animal suspected of having rabies; or (3) any other animal that is suspected of having rabies. (b) In addition to the requirements of State Health-General Article, § 18-316, the following apply to a quarantined animal: (1) the animal must be isolated in the manner and for the period that the Commissioner directs; and (2) at any time during the isolation, the Commissioner or the owner or custodian of the animal may direct that the animal be humanely killed for the purpose of rabies testing. (c) (1) The isolation and examination of an animal under this section is at the expense of the animal’s owner or custodian. (2) When the animal is impounded, the animal’s owner or custodian must pay to the Office an initial deposit, as set under § 10-106 of this title, toward expenses related to isolation and examination. (d) An animal isolated under this section may be released only: (1) with the consent of the Commissioner; and (2) on payment of: (i) the fee set for each day or part of a day that the animal was held; and (ii) all costs incurred during the isolation. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-303 Humane care required. Balt., Md., Code § 10-303 (2026) Every owner or custodian of an animal must provide the animal with humane care and treatment, which includes providing all of the following: (1) sufficient and wholesome food and water, which means: (i) at least once a day, the animal must be fed food of a sufficient quantity and with adequate nutritive value, in clean and sanitary receptacles; and (ii) the animal must have clean and drinkable water available at all times; (2) proper shelter and protection from the weather, which means: (i) the animal must be kept reasonably free of urine, fecal matter, and any other trash or hazardous material; (ii) the animal must have reasonable protection to minimize heat exposure; and (iii) the animal must have access to a structurally sound shelter in good repair that provides suitable protection from the elements; (3) veterinary care when needed to prevent suffering or to maintain the animal’s health; and (4) sufficient exercise space, which means: (i) the animal must have proper space to be able to stand to its full height, stretch out, turn around, lie down, and make normal postural adjustments comfortably; (ii) the animal must be allowed to exercise and must be given freedom of movement as necessary to maintain good physical condition; and (iii) more specifically for dogs, cats, and feral cats: A. a dog. cat, or feral cat may only be confined to a cage for temporary confinement; and B. if a dog is caged, it must be removed from the cage and exercised at least: 1. twice daily for at least half an hour each time; or 2. once a day for a minimum of 2 hours. *History: Ord. 99-548* *History: Ord. 11-573* ##### §§ 10-304 to 10-306 Balt., Md., Code § 10-304 to 10-306 (2026) Reserved ##### § 10-307 Restraints required. Balt., Md., Code § 10-307 (2026) (a) All animals must be restrained: (1) as required by this section; and (2) in the case of a dangerous animal, as required by § 10-702 {“Dangerous animals”} of this title. (b) (1) Except as otherwise authorized under paragraph (2) of this subsection, all animals must be kept: (i) confined in a building or secure enclosure; (ii) secured by a leash or otherwise; or (iii) restrained according to rules and regulations adopted by the Commissioner. (2) This subsection does not apply while the animal is: (i) participating in an off-leash activity approved by the Commissioner; or (ii) is in an area and during the hours approved by the Director of Recreation and Parks for off-leash recreation. (c) Every female animal in heat must be confined in a building or secure enclosure so that it cannot come into contact with a male animal, except if the owner has an animal fancier permit. *History: Ord. 99-548* *History: Ord. 09-172* *History: Ord. 11-573* ##### § 10-308 Transporting animals. Balt., Md., Code § 10-308 (2026) (a) No person may place, confine, or allow an animal to be placed or confined inside a vehicle under conditions or for a period of time that endanger the health or well-being of the animal due to temperature, lack of food or drink, or other conditions that might reasonably be expected to cause death, disability, or suffering. (b) No person may allow an animal to ride in the unenclosed area of a vehicle unless the animal is confined by a secure tether or a securely affixed and ventilated crate. *History: Ord. 11-573* ##### § 10-309 Disposition of dead animals. Balt., Md., Code § 10-309 (2026) (a) The owner or custodian of a dead animal may not: (1) deposit the animal or leave it exposed on any public or private property; or (2) place it in a storm drain or watershed area. (b) (1) Dead animals must be promptly disposed of by cremation, burial, or other sanitary means. (2) On request, the Office may pick up dead domesticated animals for disposal, subject to a fee for the disposal as set under § 10-105 of this title. *History: Ord. 11-573* ##### §§ 10-310 to 10-312 Balt., Md., Code § 10-310 to 10-312 (2026) Reserved ##### § 10-313 Animal waste. Balt., Md., Code § 10-313 (2026) (a) Except as provided in subsection (c) of this section, the owner or custodian of an animal must: (1) have in his or her possession a means for the removal and sanitary disposal of the animal’s feces; and (2) immediately remove all feces left by the animal: (i) on that person’s or any other person’s private property; or (ii) on any public property, including any street, sidewalk, foot path, median, gutter, alley, park, or recreation area. (b) The owner or custodian of an animal may not dispose of the animal’s feces by placing them in a storm drain or watershed area. (c) Subsection (a) of this section does not apply to: (1) an animal owned by and while working for a law enforcement or other governmental agency; or (2) an animal professionally trained to aid the visually, hearing, or mobility disabled, while actually being used for that purpose. *History: Ord. 99-548* *History: Ord. 05-121* *History: Ord. 11-573* ##### § 10-314 Injury by vehicle. Balt., Md., Code § 10-314 (2026) If a motor vehicle hits or is hit by an animal, the driver of the motor vehicle must immediately: (1) stop the vehicle; and (2) if the animal is injured or killed, report the accident to: (i) the Baltimore City Police Department; and (ii) the animal’s owner or custodian, if the owner or custodian can be determined and located. *History: Ord. 99-548* *History: Ord. 11-573* #### Subtitle 4 – Animal Protection ##### § 10-401 Scope of subtitle. Balt., Md., Code § 10-401 (2026) This subtitle does not apply to: (1) customary and normal veterinary and agricultural husbandry practices, including dehorning, castration, tail docking, and limit feeding; (2) a laboratory where scientific research is carried out under regulation of a Maryland or federal agency; (3) an activity that may cause unavoidable physical pain to an animal, including food processing, pest elimination, animal training, and hunting, if the person performing the activity uses the most humane method reasonably available; or (4) normal human activities in which the infliction of pain to an animal is purely incidental and unavoidable. *History: Ord. 11-573* ##### § 10-402 Neglect of animal. Balt., Md., Code § 10-402 (2026) No person may neglect to provide humane care and treatment, as described in § 10-303 {“Humane care required”} of this title, for any animal that the person owns, keeps, restrains, or confines, whether as a pet or for any other purpose. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-403 Abandonment of animal. Balt., Md., Code § 10-403 (2026) (a) In this section, “abandon” means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal’s care. (b) No person may abandon any animal that the person owns, keeps, restrains, or confines, whether as a pet or for any other purpose. (c) If an animal has been impounded and is not reclaimed by its owner or custodian after having been impounded for 72 hours, the animal is considered to be abandoned and becomes the property of the City. (d) If a person releases and transfers ownership of an animal to the Office or to an animal shelter, that is not an abandonment. (e) If a feral cat caregiver releases a feral cat in accordance with an approved program to trap, alter, vaccinate, ear tip, and return feral cats, the feral cat is not considered abandoned. *History: Ord. 99-548* *History: Ord. 07-583* *History: Ord. 11-573* ##### § 10-404 Cruelty to or abuse of animal. Balt., Md., Code § 10-404 (2026) No person may act cruelly to or abuse animals, which includes the following actions: (1) teasing, torturing, tormenting, beating, killing, deliberately inciting, intentionally injuring, mutilating, intentionally hitting with a vehicle, overdriving, overloading, or otherwise abusing an animal; (2) subjecting an animal to conditions detrimental to its health and general welfare; (3) administering poison to an animal or knowingly placing or leaving any poisonous or other harmful substance with the intent to injure or kill any animal other than vermin; (4) inflicting unnecessary suffering or pain on an animal or causing unnecessary injury, suffering, of death of an animal under the individual’s charge or custody; (5) leaving any domestic animal unattended in a parked, standing, or stopped vehicle in a manner that endangers the health, safety, or welfare of the animal; (6) confining, tethering, or allowing an animal to remain in outside areas during period of extreme weather without access to proper shelter; (7) hoarding, accumulating, or maintaining a number of animals in a single location, if the number of animals overwhelms a person’s ability to provide nutrition, sanitation, and veterinary care or the person fails to acknowledge the deteriorating health of the animal or condition of the dwelling or facility; or (8) causing, arranging, permitting, or authorizing any of the actions listed in this section. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-405 Animal fights and paraphernalia. Balt., Md., Code § 10-405 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Animal fight” means any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. (3) (i) “Animal fighting paraphernalia” means any equipment, product, drug, or other substance or material of any kind that is used or intended or designed for use in the training, preparation, conditioning, or breeding for, in conducting, or otherwise in furtherance of an animal fight. (ii) “Animal fighting paraphernalia” includes: (A) a “breaking stick” or similar device that is designed for insertion behind the molars of a dog for the purpose of breaking the dog’s grip on another animal or object; (B) a “cat mill” or similar device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog; (C) a treadmill or similar device that is designed for animal exercise consisting of an endless belt on which an animal walks or runs without changing places; (D) a “springpole” or similar device with a biting surface attached to a stretchable device, suspended at a height sufficient to prevent an animal from reaching the biting surface while touching the ground; (E) a “fighting pit”, walled area, or otherwise confined area that is used to contain an animal fight; (F) a “breeding stand”, “rape stand”, or similar device that is used to immobilize female dogs for breeding purposes; and (G) any other instrument or device that is commonly used in the training, preparation, conditioning, or breeding for, in conducting, or otherwise in furtherance of an animal fight. (b) No person may: (1) conduct, cause, attend, or participate in any animal fight; (2) permit any animal that the person owns or keeps to participate in an animal fight; (3) prepare any animal for an animal fight; (4) wager on any animal fight; or (5) breed animals to use them for fighting or to sell them for the purpose of fighting. (c) (1) No person may possess, sell, transfer, or manufacture any item of animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate an animal fight. (2) To determine whether an object is an item of animal fighting paraphernalia, the court may consider, among other logically relevant factors, the following: (i) any statement by an owner or a person in control of the object concerning its use; (ii) any prior conviction of an owner or a person in control of the object under a local, state, or federal law relating to animal cruelty or animal fighting; (iii) the proximity of the object, in time and space, to a direct violation of this section or to an animal; (iv) direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another person who the owner or the person in control knows or should reasonably know intends to use the object to facilitate a violation of this section; (v) any instructions, oral or written, provided with the object concerning its use; (vi) any descriptive materials accompanying the object that explain or depict its use; (vii) the manner in which the object is displayed for sale; (viii) the existence and scope of legitimate uses for the object in the community; (ix) expert testimony concerning use of the object; and (x) any other verifiable information that indicates that the object is intended or designed for use in violation of this section. (3) Each item of paraphernalia that is possessed, sold, transferred, or manufactured in violation of this section is a separate offense. *History: Ord. 99-548* *History: Ord. 11-573* *History: Ord. 15-430* ##### § 10-406 Animal shows. Balt., Md., Code § 10-406 (2026) (a) No animal show may be conducted or held if any animal is induced or encouraged to perform through the use of any chemical, mechanical, electrical, or manual device that is likely to cause physical injury, pain, or suffering. (b) All equipment used on or by a performing animal must fit properly and be in good working condition. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-407 Exposure to poisons. Balt., Md., Code § 10-407 (2026) No person may use or expose an animal to any pesticide or poison, whether mixed with food or not, without taking all necessary precautions to protect non-target animals from exposure to the pesticide or poison. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-408 Confinement in cage. Balt., Md., Code § 10-408 (2026) No person may confine any animal in a cage that consists entirely of solid walls. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-409 Prohibited tethering of dogs. Balt., Md., Code § 10-409 (2026) (a) No person may tether a dog under unsafe conditions, including harsh or extreme weather conditions, that endanger its health, safety, or welfare. (b) No person may tether a dog: (1) by any means other than a fitted color or harness; (2) with a choke collar, training collar, collar with metal spikes, or chain; or (3) with a tether that: (i) does not have swivels at both ends to prevent kinking and knotting; (ii) weighs more than 1/8 of the dog’s body weight; (iii) is not properly positioned to prevent the tether from becoming entangled in or around objects; (iv) unreasonably limits a dog’s movement; (v) restricts the dog’s access to suitable and sufficient food, clean water, and appropriate shelter; (vi) is not properly positioned to prevent the dog from reaching or climbing a fence to avoid strangulation; (vii) that does not permit the dog to defecate or urinate in an area separate from the area where it must eat, drink, or lie down; (viii) confines the dog in unsafe or unsanitary conditions; or (ix) causes injury, stress, or demonstrable socialization problems. *History: Ord. 11-573* ##### § 10-410 Animals as prizes or inducements. Balt., Md., Code § 10-410 (2026) No person may give away or offer to give away any live animal: (1) as a prize for or as an inducement to enter any contest, game, or other competition; (2) as an inducement to enter a place of amusement; or (3) as an incentive to enter into any business agreement. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-411 Molesting birds. Balt., Md., Code § 10-411 (2026) No person may: (1) kill, injure, molest, or attempt to kill, injure, or molest, in any way, any bird; or (2) destroy, remove, or attempt to destroy or remove, any box placed in any tree or other suitable place in the City for the use of these birds. *History: Ord. 99-548* *History: Ord. 11-573* #### Subtitle 5 – Public Nuisance Animals ##### § 10-501 Definitions. Balt., Md., Code § 10-501 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Public nuisance animal” means an animal that: (1) is found at large; (2) damages the property of anyone other than its owner or custodian; (3) defecates on public property; (4) urinates or defecates on private property; (5) molests pedestrians or passersby; (6) chases vehicles; (7) excessively makes disturbing noises (including continued or repeated howling, barking, whining, or other utterances) that unreasonably cause annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept; (8) fouls the air by odor so as to unreasonably cause annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept; (9) causes unsanitary conditions in enclosures or surroundings where the animal is kept; (10) by virtue of the number or types of animals maintained, is offensive or dangerous to the pubic health, safety, or welfare; (11) attacks other animals; or (12) has been found by the Commissioner to be a public nuisance animal by virtue of being offensive or a danger to the public health, safety, or welfare. (c) (1) “Public nuisance condition” means: (i) an unsanitary, dangerous, or offensive condition caused by: A. the size, number, or types of animals maintained or kept; B. the inadequacy of the facilities; or C. the manner or method of holding, confining, restraining, boarding, or training animals; or (ii) any other condition that the Commissioner deems to be a public nuisance condition. (2) “Public nuisance condition” includes any premises in which: (i) an animal is maintained or kept under a condition that constitutes neglect of or cruelty to the animal; or (ii) the animal is in an unsanitary condition. *History: Ord. 11-573* ##### § 10-502 Owner or custodian to exercise care and control. Balt., Md., Code § 10-502 (2026) Every owner or custodian of an animal must exercise proper care and control to prevent the animal from becoming a public nuisance animal. *History: Ord. 11-573* ##### § 10-503 Nuisances prohibited. Balt., Md., Code § 10-503 (2026) (a) No person may keep or maintain any animal in the City in a manner that: (1) causes or permits it to be a public nuisance animal; or (2) causes or permits the animal to cause a public nuisance condition. (b) No person may keep or maintain any animal in the City in a manner that disturbs the health, safety, or welfare of any person. *History: Ord. 11-573* ##### § 10-504 Animals at large. Balt., Md., Code § 10-504 (2026) (a) “Animal at large” means any animal that is: (1) off the premises of its owner or custodian; and (2) not under restraint in the manner required by § 10- 307 {“Restraints required”} of this title. (b) No owner or custodian of an animal may allow it to be an animal at large. (c) When an animal is off the premises of the owner or custodian, the animal must be: (1) restrained as required by § 10-307 {“Restraints required”}; and (2) under the control of a person who is capable of controlling and physically restraining the animal. (d) An animal that is participating in an off-leash activity approved by the Commissioner or is in an area and during the hours approved by the Director of Recreation and Parks for off-leash recreation is not at large unless the animal leaves the activity or area or remains beyond the approved hours. *History: Ord. 11-573* #### Subtitle 6 – Wild Animals, etc.; Prohibited Animals ##### § 10-601 Wild, exotic, and hybrid animals. Balt., Md., Code § 10-601 (2026) (a) Except as specified in subsection (c) of this section, no person may keep or allow to be kept on that person’s premises any wild, exotic, or hybrid animal without a permit from the Commissioner to do so. (b) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner may set: (1) qualifications for obtaining a permit; (2) conditions for keeping the animal; (3) the term of the permit; (4) grounds for denying, amending, suspending, revoking, or refusing to renew the permit; and (5) other limitations the Commissioner finds necessary or appropriate. (c) This section does not apply to: (1) an animal show or zoological park licensed under this title and regulated by a Maryland or federal agency; or (2) a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. *History: Ord. 99-548* *History: Ord. 06-182* *History: Ord. 11-573* *History: Text Conformed 03/10/21* ##### § 10-602 Importation of wild rabbits and hares. Balt., Md., Code § 10-602 (2026) (a) In this section, “wild rabbit or hare” means any rabbit or hare that has not been bred and supervised in a properly maintained rabbitry. (b) Except as specified in subsection (b) of this section, no person may: (1) bring or import into the City, for sale, any wild rabbit or hare, dead or alive; or (2) sell or offer for sale in the City any imported wild rabbit or hare, dead or alive. (c) This section does not apply to the importation of wild rabbits or hares by the following, if done in conformity with the regulations of the Commissioner: (1) an animal show or zoological park licensed under this title and regulated by a Maryland or federal agency; or (2) a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-603 Other prohibited animals. Balt., Md., Code § 10-603 (2026) (a) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner may prohibit other animals from being kept in the City as necessary or appropriate to protect the health, safety, or welfare of the public. (b) Except as specified in subsection (c) of this section, no person may keep or allow to be kept on that person’s premises any animal that the Commissioner prohibits under subsection (a) of this section. (c) This subsection does not apply to: (1) an animal show or zoological park licensed under this title and regulated by a State of Maryland or federal agency; or (2) a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. *History: Ord. 11-573* *History: Text Conformed 03/10/21* #### Subtitle 7 – Attack Dogs; Dangerous and Vicious Animals ##### § 10-701 Attack dogs. Balt., Md., Code § 10-701 (2026) (a) In this section, “attack dog” means a dog that is trained to attack on command. (b) Except as specified in subsection (b) of this section, no person may keep or train any attack dog in the City. (c) This section does not apply to a dog owned by and working for law enforcement or other governmental agency. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-702 Dangerous animals. Balt., Md., Code § 10-702 (2026) (a) “Dangerous animal” means any animal that: (1) has bitten or attacked a human being or another animal without provocation; (2) exhibits aggressive or dangerous behavior and is not adequately confined or restrained; (3) is known or suspected to be an animal exposed to rabies and is not adequately confined or restrained; or (4) requires confinement or restraints to protect the health, safety, or welfare of the public. (b) The Animal Hearing Panel must determine if an animal is a dangerous animal in accordance with the hearing procedures of Subtitle 10 of this title. (c) Except as otherwise ordered by the Animal Hearing Panel, every dangerous animal must be: (1) maintained in a building or secure enclosure on the premises of its owner or custodian; and (2) whenever outside of the building or enclosure: (i) securely caged; (ii) securely muzzled and leashed; or (iii) restrained by any other appropriate method required by the Panel. (d) An owner or custodian of an animal found to be a dangerous animal must: (1) have the animal microchiped and altered at the owner’s or custodian’s expense; (2) display a “dangerous animal” sign, visible to the public, on the property where the animal is kept; (3) if the animal is kept outside of the dwelling, install a perimeter fence on the property or a portion of the property; (4) notify the Office if the animal is loose, has bitten another domesticated animal or human being, or has violated any other requirements of this title; (5) notify the Office if the animal has died or is being relocated to another jurisdiction; and (6) before transferring ownership or custody of the dangerous animal to another: (i) notify the Office in writing of the name and address of the new owner or custodian; and (ii) notify the new owner or custodian of the animal’s dangerous behavior. (e) (1) Animals determined dangerous by another jurisdiction are automatically considered dangerous in the City. (2) The owner or custodian must immediately notify the Office if any animal determined dangerous in another jurisdiction is transported into the City. (3) If another jurisdiction defines “dangerous animal” differently than as defined in this section or makes a determination using a term other than “dangerous”, the Animal Hearing Panel must determine if the criteria used in the other jurisdiction is appropriate for the animal to be considered dangerous in the City. (f) This section does not apply to: (1) an animal show or zoological park licensed under this title and regulated by a Maryland or federal agency; or (2) a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. *History: Ord. 99-548* *History: Ord. 07-632* *History: Ord. 11-573* ##### § 10-703 Vicious animals – Definition. Balt., Md., Code § 10-703 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Vicious animal” means any animal that: (i) has severely bitten or attacked a human being or another animal; or (ii) has been previously deemed dangerous, and subsequently bitten or attacked a human being or other animal so that the Health Commissioner determines that the animal should be immediately euthanized to protect the health, safety, or welfare of the public. (2) “Vicious animal” does not include an animal that has bitten or attacked if the injury, damage, was sustained by one who: (i) at the time was committing a willful trespass or other tort on the premises occupied by the owner or custodian of the animal; (ii) was tormenting, abusing, or assaulting the animal; (iii) in the past has been observed or reported to have tormented, abused, or assaulted the animal; or (iv) was committing or attempting to commit a crime. (3) “Vicious animal” does not include an animal that has bitten or attacked if the animal was: (i) protecting or defending itself, its young, or another animal; (ii) responding to pain or injury; or (iii) protecting or defending a human being within the immediate vicinity of the animal from physical attack or assault. *History: Ord. 99-548* *History: Ord. 00-073* *History: Ord. 11-573* ##### § 10-704 Vicious animals – Hearing. Balt., Md., Code § 10-704 (2026) The Animal Hearing Panel must determine if an animal is a vicious animal in accordance with the hearing procedures of Subtitle 10 of this title. *History: Ord. 11-573* ##### § 10-705 Vicious animals – At large. Balt., Md., Code § 10-705 (2026) If an animal enforcement officer, police officer, or humane officer finds an animal at large, and if the animal enforcement officer, police officer, or humane officer reasonably believes that the animal is a vicious animal and that the animal cannot be taken up or tranquilized and impounded, the animal enforcement officer, police officer, or humane officer may kill the animal. *History: Ord. 99-548* *History: Ord. 11-573* ##### § 10-706 Vicious animals – Keeping prohibited. Balt., Md., Code § 10-706 (2026) (a) No person may keep in the City any animal that the Animal Hearing Panel determines to be a vicious animal. (b) This subtitle does not apply to an animal owned by and working for a law enforcement or other governmental agency. *History: Ord. 99-548* *History: Ord. 07-632* *History: Ord. 11-573* #### Subtitle 8 – Impoundment ##### § 10-801 Authority to impound. Balt., Md., Code § 10-801 (2026) An animal enforcement officer, police officer, humane officer, or other person authorized and contracting with the City to do so may impound any animal: (1) found at large; (2) whose owner or custodian does not have the required license or permit for the animal; (3) that is found without a license tag required by this title; (4) that poses a threat to public health, safety, or welfare; (5) reasonably believed to be a dangerous or vicious animal; (6) placed at risk by its health or environment; (7) that is abandoned; (8) that is prohibited in the City; (9) reasonably believed to be a public nuisance animal; (10) whose owner or custodian is in violation of this title; or (11) whose owner or custodian is in violation of any other animal control or protection law, rule, or regulation of this City or State. *History: Ord. 11-573* *History: Ord. 14-230* ##### § 10-802 Right of entry and impoundment. Balt., Md., Code § 10-802 (2026) (a) On the determination that an animal should be impounded, an animal enforcement officer, police officer, humane officer, or other person authorized and contracting with the City to do so may, subject to § 10-108 of this subtitle, enter onto public or private property, remove the animal, and impound it at an animal shelter or other facility approved by the Commissioner. (b) If an animal is impounded, the owner or operator of the facility must immediately notify the Office of the impoundment and provide any information that the Office reasonably requires. *History: Ord. 11-573* ##### § 10-803 Notice. Balt., Md., Code § 10-803 (2026) (a) When an animal is impounded, the Office must make a reasonable attempt to provide notice of the impoundment to the animal’s owner or custodian. (b) The notice must include: (1) the name, if known, of the owner or custodian; (2) a description of the animal seized; (3) the violation of this title, including a reference to the specific legal authority for the impoundment; (4) the manner and time in which the person must either: (i) reclaim the animal; or (ii) request a hearing on the violation; (5) a contact person and telephone number at the Office; and (6) a statement that if the owner or custodian fails to act within 72 hours of the impoundment, the animal will become the property of the City. (c) If the Office cannot ascertain the identity and address of the owner or custodian, the animal is considered abandoned and becomes property of the City after 72 hours from the impoundment. *History: Ord. 11-573* ##### § 10-804 Holding period; Hearing. Balt., Md., Code § 10-804 (2026) (a) The impounded animal must be kept for at least 72 hours, unless sooner reclaimed by its owner or custodian or otherwise required by law. (b) If the Office reasonably believes that the animal is a dangerous or vicious animal, the Office must hold the animal pending a hearing under Subtitle 10 of this title. (c) (1) If the Office reasonably believes that the return of an animal prior to the disposition of a case would be detrimental to the animal’s health and welfare, the Office may hold an impounded animal for more than 72 hours while conducting an investigation of: (i) possible violations of Federal, State, or local laws or regulations governing the proper care and treatment of animals; or (ii) a complaint under §10-108 {“Inspections, investigation of complaints, and impoundment”} of this title. (2) If the needs of an animal held under this section cannot be provided for at the Office, or the Office determines that it would benefit the animal’s health or welfare to do so, the animal may be temporarily: (i) held at a humane organization; (ii) placed with a foster custodian; or (iii) housed at another appropriate location. (3) Whenever an animal is being temporarily held at a location other than the Office, as provided in paragraph (2) of this subsection, the Office may keep the location confidential if the Office reasonably believes that disclosure of the location could result in harm to either the animal or the temporary custodian. (d) If the owner or custodian is aggrieved by the animal’s impoundment, he or she may request a hearing under Subtitle 10 of this title. *History: Ord. 11-573* *History: Ord. 15-322* ##### § 10-805 Reclaiming animal. Balt., Md., Code § 10-805 (2026) (a) The owner or custodian has the right to reclaim the animal within 72 hours of the impoundment. (b) If the owner or custodian seeks to reclaim the animal, the Office may require the owner or custodian to: (1) provide proof of legal title to or custodianship of the animal or provide an affidavit of legal title or custodianship; (2) demonstrate that the animal has the required license or permit; (3) pay any fees or expenses required by the Office for the care, feeding, housing, and veterinary care of the animal during the impoundment; (4) allow the Office to microchip the animal at the owner’s or custodian’s expense; and (5) allow the Office to alter the animal at the owner’s or custodian’s expense. *History: Ord. 11-573* ##### § 10-806 Unclaimed or surrendered animals. Balt., Md., Code § 10-806 (2026) (a) If an impounded animal is not reclaimed within 72 hours of impoundment, the animal is abandoned and immediately becomes property of the City. (b) If an animal is surrendered to the Office by its owner, the animal immediately becomes property of the City. (c) Once an animal becomes City property under this section, the Office must: (1) place the animal for adoption; (2) humanely euthanize the animal; or (3) transfer the animal by any method that is advantageous to the City and the public interest and is not prohibited by law. *History: Ord. 11-573* ##### § 10-807 Altering animal. Balt., Md., Code § 10-807 (2026) An animal that becomes City property under this subtitle may be altered before being released for adoption, rescue, or otherwise, unless the animal weighs less than 2 pounds. *History: Ord. 11-573* ##### § 10-808 Other fees. Balt., Md., Code § 10-808 (2026) Even if an animal is not reclaimed by the owner or custodian, the owner or custodian may still be required to pay for fees or expenses related to the impoundment through the date when the animal became City property. *History: Ord. 11-573* #### Subtitle 9 – Horse Riding and Driving ##### Part I – Definitions; Scope ###### § 10-901 Definitions. Balt., Md., Code § 10-901 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Driving” means the process of using a horse: (1) for riding; or (2) for pulling a wagon, cart, carriage, or other vehicle or device. (c) “Driving license” means a license issued by the Commissioner to use a horse: (1) for riding; or (2) for pulling a wagon, cart, carriage, or other vehicle or device. (d) “Horse” means a horse, pony, donkey, or mule that is: (1) owned, driven, used, or quartered in the City, whether permanently or temporarily; and (2) used for: (i) riding, driving, or breeding; (ii) showing or performing in any exhibition or animal show; or (iii) any work or labor. (e) “Stable” means any place where horses are: (1) boarded or displayed; (2) rented for riding, driving, or other purposes; or (3) bred, bought, sold, trained, or traded. (f) “Stable operator” means the person who owns or is in charge of a stable. *History: Ord. 99-548* *History: Ord. 11-573* *History: Ord. 13-175* ###### § 10-902 Exemptions. Balt., Md., Code § 10-902 (2026) This subtitle does not apply to any horse that is: (1) in the custody of a zoological park or its agents or contractors, if the zoological park is licensed under this title and regulated by a Maryland or federal agency; (2) in a laboratory where scientific research is carried out under regulation of a Maryland or federal agency; or (3) regulated by the Maryland Racing Commission. *History: Ord. 99-548* *History: Ord. 11-573* ###### §§ 10-903 to 10-904 Balt., Md., Code § 10-903 to 10-904 (2026) Reserved ##### Part II – Driving Licenses ###### § 10-905 License required. Balt., Md., Code § 10-905 (2026) (a) Except as otherwise specified in this section, no one may drive a horse unless: (1) he or she is 18 years old or older; (2) has been issued a driving license by the Commissioner; and (3) has that driving license with him or her while driving the horse. (b) This section does not apply to the rider of a horse that is being held or led, during the entire period of rental or use, by a custodian with a valid driving license. (c) The Commissioner may waive the requirements of this section for individuals participating in: (1) animal shows; (2) organized competitions; (3) special events involving the transportation of people in carriages or sleighs; or (4) similar events. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-906 Applications. Balt., Md., Code § 10-906 (2026) The application for a driving license must: (1) be in the form that the Commissioner requires; (2) be accompanied by an affidavit certifying that the applicant has never been convicted of animal abuse, cruelty, or neglect; and (3) contain the information that the Commissioner considers necessary to determine whether an applicant: (i) is capable of humanely handling a horse; and (ii) otherwise qualified for a driving license under this subtitle and the rules and regulations adopted under it. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-907 Issuance; Form. Balt., Md., Code § 10-907 (2026) (a) The Office must issue a driving license to the applicant if: (1) the applicant qualifies for the license; and (2) pays the required fee. (b) The driving license must contain: (1) the licensee’s full legal name, current address, date of birth, sex, height, weight, and eye, skin, and hair colors; and (2) a clear, full-face, head-and-shoulders photograph of the driver that: (i) was taken within the preceding 12 months; and (ii) measures 1¼" by 1¼". *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-908 Term. Balt., Md., Code § 10-908 (2026) Unless sooner suspended or revoked, a driving license expires annually on the anniversary date of its issuance. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-909 Denial, suspension, revocation, etc. Balt., Md., Code § 10-909 (2026) The Commissioner of Health may deny, amend, suspend, revoke, or refuse to renew a driving license as provided in Subtitle 2, Part III, of this title. *History: Ord. 99-548* *History: Ord. 11-573* ###### §§ 10-910 to 10-911 Balt., Md., Code § 10-910 to 10-911 (2026) Reserved ##### Part III – Required Care ###### § 10-912 Examination by veterinarian. Balt., Md., Code § 10-912 (2026) (a) The custodian of every horse must have the horse examined by a veterinarian at least once a year. (b) The examination must cover: (1) the general condition of the horse and its teeth, hoofs, and shoes; and (2) the horse’s stamina and physical ability to carry the loads and perform the work for which it is intended. (c) (1) The veterinarian must make a record of: (i) any injury, disease, or deficiency detected; and (ii) any prescription or recommendation for curing or correcting that condition or for any other disposition of the horse. (2) The veterinarian must provide a copy of that record to the horse’s custodian. (d) The custodian must: (1) keep a copy of the record for at least 3 years; and (2) make it available for inspection by an animal enforcement officer, police officer, or humane officer during normal business hours. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-913 General limitations on use. Balt., Md., Code § 10-913 (2026) Whenever a horse is being used for any purpose on the streets of the City, the custodian of the horse: (1) must treat the horse in a humane manner, never beat or prod it in any way that will cause pain or injury to the horse, and never intentionally, knowingly, or obviously be cruel to the horse; (2) may not use, work, drive, ride, or require labor from the horse for more than 10 hours in any 24-hour period, without adequate rest periods during those 10 hours; (3) at reasonable intervals, must permit the horse to have food and drinking water from a clean container that is of sufficient size and in good condition; (4) during times of cold or inclement weather, must drape the body of the horse, from forelegs to hind legs, with a warm covering that is in good condition; (5) must attend the horse at all times, as follows: (i) if the horse is only being used for riding purposes, it must be securely tied to an immovable object or held, led, or mounted by an individual who is physically able to maintain full control of the horse; and (ii) if the horse is being used for any other driving purpose, it must be within 75 feet of its custodian and within the custodian’s sight; (6) may not overdrive or overload the horse, as evidenced by physical stress, strain, or exhaustion of the horse; and (7) must obey any order issued by the Commissioner that relates to the care and treatment of the horse. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-914 Limitations on driving – General. Balt., Md., Code § 10-914 (2026) Whenever a horse is being used for driving purposes on the streets of the City, the custodian of the horse: (1) must assure that any wagon, cart, carriage, vehicle, or similar device being used is in good condition, that its axles are well-greased, and that its operating mechanisms are in good working order; (2) during warm weather, must park the horse in the shade when practicable; (3) if the wagon, cart, carriage, vehicle, or similar device is equipped with brakes, must put the brakes into a locked position at all times when not moving; and (4) may not cause or permit the horse to gallop. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-915 Limitations on driving – Weather. Balt., Md., Code § 10-915 (2026) (a) No custodian of a horse may permit its use or work on the public streets whenever: (1) the real or effective temperature exceeds 92° F. or falls below 20° F., as announced by the local radio service; (2) an official “snow emergency” is in effect; or (3) because of adverse weather conditions, the Commissioner of Health or some other authorized official of the City issues a determination, by radio or other means, that it would be dangerous or unsuitable for a horse to be on the streets. (b) If a horse is already in use when a condition described in subsection (a) of this section begins, the custodian must immediately return the horse, by the most direct route, to the stable from which it was obtained. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-916 Equipment. Balt., Md., Code § 10-916 (2026) The custodian of every horse: (1) must assure that the saddle, harness, shoes, bridle, and all other equipment required or in use: (i) are in good working order; (ii) fit properly; and (iii) will not cause physical pain or injury to the horse; (2) may not use curb bits, twisted wire, twisted wire snaffles, spurs, bucking straps, flank straps, or similar devices; and (3) must inspect the horse and all its equipment and other attachments: (i) whenever it departs from the stable; (ii) whenever it returns to the stable; and (iii) if not being used, at least once daily. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-917 Quarters. Balt., Md., Code § 10-917 (2026) (a) (1) Every custodian must ensure that every horse is quartered in a lighted, clean, dry, and properly ventilated stable or barn and that all other requirements of this section are met. (2) if the quarters for the horse meet the definition of “horse riding and rental stables” in State Agriculture Article, Title 2, Subtitle 7, the custodian and owner must also comply with the applicable requirements of that law. (b) Every horse’s stall must be: (1) large enough to permit the horse to turn around easily; (2) cleaned daily; and (3) supplied with adequate bedding of straw, shavings, or other suitable hygienic material, which must be changed as often as necessary to maintain a clean and dry condition. (c) Blankets must be available and used as necessary during cold winter periods. (d) For emergency purposes, the exterior of the stable or barn entrance must conspicuously display, in at least 2-inch lettering, the custodian’s full name, business address, and business and home telephone numbers. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-918 Sick or injured horses. Balt., Md., Code § 10-918 (2026) (a) If a horse is sick, diseased, lame, injured, or in pain: (1) the custodian of the horse must take action to obtain immediate veterinary treatment, care, and attention; and (2) the horse may not be moved or driven, except: (i) to obtain required veterinary treatment, care, and attention; or (ii) to obtain immediate humane keeping or pasture. (b) During the recovery or convalescent period, the horse may not be used or worked unless the custodian has a signed, dated certificate from the treating veterinarian stating that the horse’s condition will not be impaired or aggravated by the activity. (c) A sick, diseased, lame, or injured horse may not be disposed of except in a humane manner. *History: Ord. 99-548* *History: Ord. 11-573* ###### §§ 10-919 to 10-920 Balt., Md., Code § 10-919 to 10-920 (2026) Reserved ##### Part IV – Miscellaneous Requirements ###### § 10-921 Identification cards. Balt., Md., Code § 10-921 (2026) (a) Whenever any horse is on a street, the custodian must have available, for immediate inspection by the Commissioner or by an animal enforcement officer, police officer, or humane officer, the horse identification card required by this section. (b) The horse identification card must: (1) be on the form that the Commissioner provides; (2) be signed and dated by a veterinarian within the preceding 12 months; (3) describe the horse, including its sex, age, height, color, markings, and other identifying information; (4) describe the stamina and physical condition of the horse; (5) describe any conditions that might restrict or affect the use, movement, or driving of the horse; and (6) contain the name, address, and telephone number of: (i) the stable where the horse is quartered; and (ii) the owner of the horse. (c) Whenever the owner of a horse rents or otherwise places it in the care or custody of any person, the owner must provide that person with the horse identification card required by this section. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-922 Driving under the influence. Balt., Md., Code § 10-922 (2026) No one may ride, lead, control, drive, work, exhibit, handle, care for, maintain, or supervise any horse while: (1) intoxicated; (2) under the influence of any intoxicating beverage or substance; or (3) under the influence of any drugs. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-923 Registry of rentals. Balt., Md., Code § 10-923 (2026) (a) This section does not apply to the transportation of people in a carriage or sleigh that is driven by a licensed driver. (b) The operator of any stable that rents horses must maintain a written registry that contains: (1) the full name and address of every person who rents a horse; (2) the identity of the horse; and (3) the exact period during which the horse was rented. (c) The registry record must be: (1) kept for at least 3 years after the renting; and (2) available for inspection by the Commissioner or by an animal enforcement officer, a police officer, or a humane officer during normal business hours. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-924 Display of vehicle license. Balt., Md., Code § 10-924 (2026) The owner or operator of any horsedrawn vehicle must assure that the City license issued for the vehicle is kept clean, securely fastened, and prominently displayed on the vehicle. *History: Ord. 99-548* *History: Ord. 11-573* #### Subtitle 10 – Hearings and Judicial Review ##### Part I – Animal Hearing Panel ###### § 10-1001 Panel established. Balt., Md., Code § 10-1001 (2026) There is an Animal Hearing Panel in the Department. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-1002 Appointment and organization. Balt., Md., Code § 10-1002 (2026) (a) (1) The Panel comprises at least 3 members appointed by the Commissioner. (2) The members of the Panel must have expertise in animal behavior. (b) The term of a member of the Panel is at the discretion of the Commissioner. (c) Panel members are compensated as provided in the Ordinance of Estimates, but receive no benefits from the City. *History: Ord. 99-548* *History: Ord. 11-573* *History: Ord. 13-175* ###### § 10-1003 Rules and regulations. Balt., Md., Code § 10-1003 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Panel may adopt rules and regulations to govern its procedures and hearings. *History: Ord. 99-548* *History: Ord. 11-573* *History: Text Conformed 03/10/21* ##### Part II – Hearings and Decisions ###### § 10-1004 Opportunity for hearing. Balt., Md., Code § 10-1004 (2026) (a) (1) Before the Office takes any final action to deny, amend, suspend, revoke, or refuse to renew a license or permit, the Office must notify the person against whom the action is contemplated of the proposed action. (2) The notice must state that a hearing will be provided if, within 10 days of the notice (or anylonger period specified in the notice), the person files with the Panel a written request for a hearing. (b) (1) In all other situations, any person aggrieved by a notice, order, decision, or other action of the Office may request a hearing on the matter. (2) The request must: (i) be in writing; (ii) state the grounds on which the person is contesting the notice, decision, order, or other action; and (iii) unless a different time is specified in this article, be filed with the Panel within 10 days of the notice, decision, order, or other action. *History: Ord. 99-548* *History: Ord. 11-573* ###### § 10-1005 Conduct of hearing. Balt., Md., Code § 10-1005 (2026) (a) (1) Any hearing pertaining to the determination of whether an animal is a dangerous or vicious animal requires the presence of 3 members of the Panel. (2) All other hearings under this title only require the presence of at least 1 member of the Panel. (b) Once a timely request for a hearing is filed, the Panel must promptly schedule the hearing. (c) (1) At least 5 days before the hearing, the Panel must provide notice of the hearing to the owner or custodian of the animal, any complainant, and any other interested parties. (2) Except as otherwise provided by law or by rule or regulation of the Panel, the notice must contain the same information as that required by Title 2, Subtitle 3 {“Administrative Hearings”} of this article. (d) Except as otherwise provided by law or by rule or regulation of the Panel, the hearing must be conducted in an informal manner, subject to the same procedures and standards for the submission and consideration of evidence as that provided in Title 2, Subtitle 3 {“Administrative Hearings”} of this article. *History: Ord. 11-573* ###### § 10-1006 Panel decision. Balt., Md., Code § 10-1006 (2026) (a) The decision of the Panel must comply with the same requirements as those imposed by Title 2, Subtitle 3 {“Administrative Hearings”} of this article. (b) (1) On the question of whether an animal is a vicious animal, the Panel must determine, based on the facts presented: (i) whether the animal: A. is a vicious animal; B. is not a vicious animal, but is a dangerous animal; or C. is neither a vicious nor a dangerous animal; and (ii) what, if any, corrective action is appropriate. (2) On the question of whether an animal is a dangerous animal, the Panel must determine, based on the facts presented: (i) whether the animal: A. is a dangerous animal; or B. is not a dangerous animal; and (ii) what, if any, corrective action is appropriate. (3) On the question of any other violation of the animal control and protection laws, rules, and regulations of this City and State, the Panel must determine: (i) a violation has or has not occurred; and (ii) what, if any, corrective action is appropriate. *History: Ord. 99-548* *History: Ord. 07-632* *History: Ord. 11-573* ###### § 10-1007 Corrective actions. Balt., Md., Code § 10-1007 (2026) (a) If the Panel determines that an animal is a vicious animal, the Board: (1) must direct the Commissioner to immediately euthanize the animal in the most humane way possible; and (2) may: (i) require the owner or custodian to pay all costs of impoundment; and (ii) refer the matter to the State’s Attorney for prosecution. (b) If the Panel determines that the animal is a dangerous animal, the Panel: (1) must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and (2) may require the owner or custodian to pay all costs of impoundment. (c) If the Panel determines that the owner or custodian is in violation of an animal control or protection law, rule, or regulation of this City or State, the Panel: (1) must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and (2) may require the owner or custodian to pay all costs of impoundment or related to the violation. *History: Ord. 11-573* ###### § 10-1008 Appeal to Commissioner. Balt., Md., Code § 10-1008 (2026) (a) (1) If a party is aggrieved by the decision of the Panel, the party may appeal the decision to the Commissioner as provided in this section. (2) Title 2, Subtitle 3 {“Administrative Hearings”} of this article does not apply to this appeal. (b) The appeal must be in writing and submitted to the Commissioner within 10 days of the Panel’s decision. (c) (1) The Commissioner may modify the Panel’s decision within 10 days of the appeal, in which case the decision of the Commissioner is final. (2) If the Commissioner does not modify the Panel’s decision within 10 days of the appeal, the decision of the Panel is decision. *History: Ord. 11-573* *History: Ord. 15-322* ##### Part III – Costs of Care Pending Final Decision ###### § 10-1009 Office to hold animal. Balt., Md., Code § 10-1009 (2026) If an impounded animal’s owner or custodian requests a hearing before the Panel, or appeals a decision of the Panel, the Office may continue to hold and care for the impounded animal while its case is before the Panel, and, if the Panel’s decision is appealed, while the Commissioner is considering the appeal. *History: Ord. 15-322* ###### § 10-1010 Expenses of holding animal. Balt., Md., Code § 10-1010 (2026) (a) If an animal is held under § 10-1009 {“Office to hold animal”} of this subtitle while a requested hearing or appeal is pending, all costs for care or other expenses of the animal incurred by the Office from the time of impoundment through the Commissioner’s final decision are a personal debt due to the City or its agent by the owner or custodian of the animal. (b) The Office or its agent must, within a reasonable time of the final decision, calculate the cost, which may include: (1) food, veterinary care, and other necessities that a responsible owner or custodian would provide for the animal; and (2) other costs, such as staffing and administrative expenses, as allowed by rule or regulation adopted by the Commissioner under § 2-106 {“Rules and Regulations”} of this article. (c) (1) The owner or custodian must pay the costs calculated by the Office within 72 hours of receiving notice from the Office or its agent of the amount. (2) The payment must be made in cash or other method acceptable to the Director of Finance. (d) If the final decision of the Commissioner overturns the impoundment, the City may not charge the owner or custodian for any costs incurred under this section. *History: Ord. 15-322* *History: Text Conformed 03/10/21* #### Subtitle 11 – Penalties ##### § 10-1101 Enforcement by citation. Balt., Md., Code § 10-1101 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 03-595* *History: Ord. 11-573* ##### § 10-1102 Criminal penalties. Balt., Md., Code § 10-1102 (2026) (a) (1) Any person who violates any provision of this title, or a rule or regulation adopted under this title, or a lawful directive or order issued under this title is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. (2) Each day that a violation continues is a separate offense. (b) Except as otherwise specified in the section, the penalty for a violation is a fine of not more than $1,000 for each offense. (c) For a violation of § 10-112 {“Obstructing, etc., officer; False statements”} of this title, the penalty is a fine of not more than $1,000 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. (d) For a violation of Subtitle 4 {“Animal Protection”} or Subtitle 9 {“Horse Riding and Driving”} of this title, the penalty is a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. (e) For a violation of § 10-701 {“Attack dogs”} or § 10-706 {“Vicious animals – Keeping prohibited”}of this title, the penalty is a fine of not more than $1,000 or imprisonment for not more than 6 months or both fine and imprisonment for each offense. *History: Ord. 99-548* *History: Ord. 11-573* ### Title 11 – Swimming Pools #### Subtitle 1 – Definitions; General Provisions ##### § 11-101 Definitions. Balt., Md., Code § 11-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) (1) “Swimming pool” means any pool, hot tub, spa, or other body of water that is used for swimming, diving, wading, therapeutic, or recreational bathing. (2) “Swimming pool” includes any body of water described in paragraph (1) of this subsection, whether: (i) in-ground, above-ground, or on-ground; or (ii) indoor or outdoor. *History: Ord. 99-548* ##### § 11-102 Compliance with Swimming Pool and Spa Code. Balt., Md., Code § 11-102 (2026) In addition to the requirements of this title, all swimming pools must comply with the International Swimming Pool and Spa Code, as adopted and modified in Part XII of the City Building, Fire, and Related Codes Article. *History: Ord. 15-427* #### Subtitle 2 – Private Outdoor Swimming Pools ##### Part I – Definitions; General Provisions ###### § 11-201 “Private outdoor pool” defined. Balt., Md., Code § 11-201 (2026) In this subtitle, “private outdoor pool” means any swimming pool that : (1) is not a public swimming pool subject to Subtitle 3 {“Public Swimming Pools”} of this title; and (2) is not totally contained within a building and surrounded on all sides by the building’s walls. *History: Ord. 99-548* ###### § 11-202 Purpose. Balt., Md., Code § 11-202 (2026) The purpose of this subtitle is to protect the inhabitants of the City, particularly children, from the hazards to life and safety inherent in unenclosed outdoor swimming pools. *History: Ord. 99-548* ###### § 11-203 Scope of subtitle. Balt., Md., Code § 11-203 (2026) (a) This subtitle applies to all private outdoor pools in the City, whenever built. (b) This subtitle establishes minimum enclosure requirements only. All more stringent enclosure standards and other regulations imposed by the Building, Fire, and Related Codes Article of Baltimore City must be complied with to the extent applicable. *History: Ord. 99-548* *History: Ord. 13-093* ###### §§ 11-204 to 11-205 Balt., Md., Code § 11-204 to 11-205 (2026) Reserved ##### Part II – Required Enclosure ###### § 11-206 Fence or wall required. Balt., Md., Code § 11-206 (2026) Every outdoor swimming pool must be completely surrounded by a fence or wall that: (1) is at least 42 inches high; and (2) except for doors or gates: (i) has no openings, holes, or gaps larger than 4 inches in any dimension; or (ii) for a picket fence, has a horizontal distance between pickets of no more than 4 inches. *History: Ord. 99-548* ###### § 11-207 Gates and doors. Balt., Md., Code § 11-207 (2026) (a) Except as specified in subsection (b) of this section, every gate or door opening through the enclosure must be equipped with a self-closing, self-latching device that keeps the gate or door securely closed at all times when not in actual use. (b) This section does not apply to the door of any dwelling house that forms a part of the enclosure. *History: Ord. 99-548* ###### § 11-208 Owner and occupant responsible for compliance. Balt., Md., Code § 11-208 (2026) Compliance with the requirements of this subtitle is the duty, jointly and severally, of both: (1) the owner of premises; and (2) the person who occupies the land on which the outdoor swimming pool is located. *History: Ord. 99-548* ###### § 11-209 Modifications. Balt., Md., Code § 11-209 (2026) (a) In individual cases, the Department of Housing and Community Development may modify one or more of the requirements of this subtitle on a showing of good cause and satisfactory assurances that the degree of protection is not reduced. (b) The Department of Housing and Community Development also may permit the use of protective devices or structures other than those specified in this subtitle, so long as the degree of protection is not reduced. *History: Ord. 99-548* ###### §§ 11-210 to 11-211 Balt., Md., Code § 11-210 to 11-211 (2026) Reserved ##### Part III – Penalties ###### § 11-212 Penalties: $500. Balt., Md., Code § 11-212 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 99-548* #### Subtitle 3 – Public Swimming Pools ##### Part I – Definitions; General Provisions ###### § 11-301 Definitions. Balt., Md., Code § 11-301 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 11-318 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. (c) (1) “Public swimming pool” means: (i) any swimming pool, other than as specified in paragraph (3) of this subsection, intended to be used collectively by individuals, regardless of whether a fee is charged for that use; and (ii) all buildings and appurtenances used in connection with that swimming pool. (2) “Public swimming pool” includes: (i) any community or apartment-complex swimming pool; (ii) any hotel or motel swimming pool; (iii) any school swimming pool; (iv) any recreational center swimming pool; and (v) any swimming pool owned or operated by a public or private club. (3) “Public swimming pool” does not include any swimming pool that is: (i) located on private property; (ii) under the control of the owner or lessee of that property; and (iii) used only by the family and guests of that owner or lessee, without payment of any fee. *History: Ord. 99-548* *History: Ord. 22-125* ###### § 11-302 Scope of subtitle. Balt., Md., Code § 11-302 (2026) This subtitle applies to all public swimming pools and to the buildings and appurtenances used in connection with them. *History: Ord. 99-548* ###### § 11-303 General powers of Commissioner. Balt., Md., Code § 11-303 (2026) (a) The rules and regulations that the Commissioner adopts under § 2-106 {“Rules and regulations”} of this article may include criteria, standards, and regulations for the design, operation, and maintenance of public swimming pools. (b) With the approval of the Board of Estimates, the Commissioner may establish fees for: (1) the licenses issued under this subtitle; and (2) the inspections and other services performed by the Commissioner in connection with the regulation of public swimming pools. (c) The Commissioner may inspect a public swimming pool as necessary or appropriate to assure compliance with the requirements of this subtitle and the rules and regulations adopted under it. *History: Ord. 99-548* ###### §§ 11-304 to 11-305 Balt., Md., Code § 11-304 to 11-305 (2026) Reserved ##### Part II – License Required ###### § 11-306 In general. Balt., Md., Code § 11-306 (2026) No person may operate any public swimming pool in the City without a license to do so from the Commissioner of Health. *History: Ord. 99-548* ###### § 11-307 Applications. Balt., Md., Code § 11-307 (2026) The application for a license must: (1) be in the form that the Commissioner requires; and (2) contain the information that the Commissioner requires. *History: Ord. 99-548* ###### § 11-308 Issuance of license. Balt., Md., Code § 11-308 (2026) The Commissioner must issue a license to the applicant if: (1) the public swimming pool complies with the criteria, standards, and regulations adopted by the Commissioner; and (2) the applicant: (i) has complied with all other applicable laws, rules, and regulations; and (ii) pays the applicable license and inspection fee. *History: Ord. 99-548* ###### § 11-309 Term of license. Balt., Md., Code § 11-309 (2026) (a) Public swimming pool licenses are issued on an annual or seasonal basis. (b) Unless sooner suspended or revoked, an annual license expires on the 1st anniversary of its effective date. (c) (1) Unless sooner suspended or revoked, a seasonal license is valid from May 1 to October 1. (2) The application for a seasonal license must be submitted by April 1 of each year. *History: Ord. 99-548* ###### § 11-310 License not transferable. Balt., Md., Code § 11-310 (2026) A license may not be transferred from place to place or person to person. *History: Ord. 99-548* ###### §§ 11-311 to 11-312 Balt., Md., Code § 11-311 to 11-312 (2026) Reserved ##### Part III – Suspensions and Revocations ###### § 11-313 In general. Balt., Md., Code § 11-313 (2026) Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of this article, the Commissioner of Health may suspend or revoke any license issued under this subtitle if the licensee: (1) has withheld or falsified any information; or (2) neglects, refuses, or otherwise fails to comply with any provision of: (i) this subtitle; or (ii) a rule or regulation adopted under this subtitle. *History: Ord. 99-548* ###### § 11-314 Immediate suspension. Balt., Md., Code § 11-314 (2026) (a) If the Commissioner discovers a violation that represents a health or safety hazard to users of a pool, the Commissioner may issue an order of immediate suspension to the licensee. (b) An order issued under this section must: (1) cite the violation; (2) specify the corrective action to be taken; and (3) order all swimming operations to be discontinued immediately. (c) The notice must also state that a hearing will be provided to the licensee under Title 2, Subtitle 3 {“Administrative Hearings”} of this article, if one is requested. *History: Ord. 99-548* ###### §§ 11-315 to 11-316 Balt., Md., Code § 11-315 to 11-316 (2026) Reserved ##### Part IV – Penalties ###### § 11-317 Enforcement by citation. Balt., Md., Code § 11-317 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* ###### § 11-318 Penalties: $1,000 and 6 months. Balt., Md., Code § 11-318 (2026) (a) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 6 months or to both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 99-548* ### Title 12 – Tobacco Products and Smoking Devices #### Subtitle 1 – Indoor Smoking ##### § 12-101 Definitions. Balt., Md., Code § 12-101 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Electronic smoking device” means an electronic or battery-operated device that delivers vapors for inhalation, whether manufactured , distributed, marketed, or sold: (i) as an electronic cigarette, electronic cigar, or electronic pipe; or (ii) by any other product name or descriptor. (2) “Electronic smoking device” does not include an asthma inhaler or similar product that: (i) contains no tobacco nor any nicotine; and (ii) has been specifically approved by the U.S. Food and Drug Administration for use in mitigating, treating, or preventing disease. (c) (1) “Enclosed area” means an area that is bounded on all sides by walls that extend, with or without doors, windows, vents, or like openings, from floor to ceiling. (2) “Enclosed area” includes the interior of a vehicle. (d) “Person in charge” means the person who owns, operates, or manages a place subject to this subtitle. (e) “Smoke” means to: (1) inhale, burn, or carry any lighted cigarette, cigar, or pipe tobacco, or any other tobacco, weed, or plant product of any kind; or. (2) to inhale vapors from or otherwise allow vapors to be emitted from an electronic smoking device. *History: Ord. 07-392* *History: Ord. 14-310* ##### § 12-102 Scope. Balt., Md., Code § 12-102 (2026) Nothing in this subtitle precludes an employer or other person in charge from prohibiting smoking in open or enclosed areas not covered by this subtitle. *History: Ord. 07-392* ##### §§ 12-103 to 12-104 Balt., Md., Code § 12-103 to 12-104 (2026) Reserved ##### § 12-105 Where smoking prohibited. Balt., Md., Code § 12-105 (2026) Except as otherwise specified in this subtitle, smoking is prohibited in: (1) any enclosed area to or in which the public is invited or permitted; or (2) any enclosed area that is part of a place of employment. *History: Ord. 07-392* ##### § 12-106 Exceptions – General. Balt., Md., Code § 12-106 (2026) This subtitle does not apply to the following: (1) any part of a private residence that is not open to the public for business purposes, except as required by COMAR 13A.14.01. (2) a private vehicle. (3) a sleeping room in a hotel or motel, as long as that hotel or motel maintains at least 75% of all its sleeping rooms as smoke-free. (4) smoking as an integral part of a theatrical performance held in a facility primarily used for theatrical performances. (5) smoking as an integral part of a religious ceremony. (6) smoking at an analytical or educational laboratory as an integral part of scientific research into the health effects of smoke. (7) smoking that is permitted in a hospital, nursing home, or other health care facility under State Health-General Article, § 24-205. *History: Ord. 07-392* ##### § 12-107 Exceptions – Retail tobacco establishments; Hookah lounges. Balt., Md., Code § 12-107 (2026) (a) This subtitle does not apply to a retail tobacco establishment or a hookah lounge that qualifies under this section. (b) A retail tobacco establishment qualifies under this section only if it: (1) derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products; (2) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and (3) prohibits the entry of minors at all times. (c) (1) In this subsection, “hookah lounge” means an establishment that is primarily devoted to the on-premises use of 1 or more hookahs (also known as a hookah pipe, water pipe, shisha, or narghile) for smoking tobacco or other substances. (2) A hookah lounge qualifies under this section only if it: (i) meets the criteria listed in State law; (ii) derives at least 75% of its revenues, measured by average daily receipts, from the sale or use of non-cigarette smoking products and accessories; (iii) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and (iv) prohibits the presence of minors at all times. *History: Ord. 07-392* *History: Ord. 18-124* ##### § 12-107.1 Exceptions – Retail sellers of electronic smoking devices. Balt., Md., Code § 12-107.1 (2026) This subtitle does not apply to the use of electronic smoking devices in a business establishment in which: (1) the primary activity is the retail sale of electronic smoking devices, accessories, and related products; (2) the sale of other products is incidental; and (3) the entry of minors is prohibited at all times. *History: Ord. 14-310* ##### § 12-107.2 Exceptions – Electronic smoking devices in certain restaurants and taverns. Balt., Md., Code § 12-107.2 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Restaurant” means a business establishment that: (i) is devoted primarily to serving food and drinks to the public for on-premises consumption by seated patrons; and (ii) might or might not also serve alcoholic beverages. (3) “Tavern” means a business establishment that: (i) is devoted primarily to serving alcoholic beverages to the public for on-premises consumption; and (ii) might or might not also serve food. (b) This subtitle does not apply to the use of electronic smoking devices in a restaurant or tavern or in 1 or more designated areas of a restaurant or tavern, as the case may be, if the establishment notifies its patrons and potential patrons that the use of electronic smoking devices is allowed on or in designated areas of the premises, as the case may be. (c) (1) The notification required by this section must be provided both: (i) by a prominently posted notice, at least 17" x 22", that is clearly readable by all patrons on entry to the establishment; and (ii) by a conspicuous notice, in at least 20-pt. font size, printed on each menu provided to patrons. (2) The tenor of the notices must be substantially as follows: “This {restaurant / tavern} allows the use of electronic smoking devices {in designated areas / throughout the premises}.” *History: Ord. 14-310* ##### § 12-107.3 Exceptions – Electronic smoking devices in video lottery facility. Balt., Md., Code § 12-107.3 (2026) This subtitle does not apply to the use of electronic smoking devices in a facility that has been awarded a Video Lottery Operation License by the Maryland Video Lottery Location Commission under State Government Article, Title 9, Subtitle 1A. *History: Ord. 14-310* ##### § 12-108 Waivers. Balt., Md., Code § 12-108 (2026) (a) On written application, the Commissioner may grant a waiver from the application of a specific provision of this subtitle, if the applicant for the waiver establishes that: (1) compliance with that provision would cause undue financial hardship; or (2) other factors exist that would render compliance unreasonable. (b) The Commissioner may impose conditions or restrictions on the waiver as necessary or appropriate to: (1) minimize the adverse effects of the waiver on individuals involuntarily exposed to second-hand smoke; and (2) ensure that the waiver is consistent with the purposes of this subtitle. *History: Ord. 07-392* ##### §§ 12-109 to 12-110 Balt., Md., Code § 12-109 to 12-110 (2026) Reserved ##### § 12-111 Enforcement by citation. Balt., Md., Code § 12-111 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 07-392* ##### § 12-112 Penalties: Varied. Balt., Md., Code § 12-112 (2026) (a) Any person who smokes in violation of this subtitle is subject to a civil fine of not more than $500 for each offense. (b) (1) Any employer or other person in charge who violates a provision of this subtitle or who knowingly allows a violation is subject to a civil fine of not more than $750 for each offense. (2) It is an affirmative defense that the employer, other person in charge, or an agent of the employer or other person in charge: (i) posted a “No Smoking” sign at each entrance used by the public; and (ii) removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and (iii) in a bar or restaurant: (A) refused to seat or serve any person who smoked where smoking is prohibited; and (B) if the person continued to smoke after an initial warning, asked the person to leave the establishment. (3) Each day that a violation continues is a separate offense. *History: Ord. 07-392* *History: Ord. 10-340* #### Subtitle 2 – Sale of Unpackaged Cigarettes ##### § 12-201 Definitions. Balt., Md., Code § 12-201 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Unpackaged cigarette” means any cigarette not contained in a sealed package of 20 or more cigarettes that are designed and intended to be sold or distributed as a unit. *History: Ord. 99-548* *History: Ord. 01-072* ##### § 12-202 Sale of unpackaged cigarettes prohibited. Balt., Md., Code § 12-202 (2026) No person may sell or otherwise transfer for consideration unpackaged cigarettes to any other person. *History: Ord. 99-548* ##### § 12-203 Enforcement by citation. Balt., Md., Code § 12-203 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 01-072* *History: Ord. 03-595* ##### § 12-204 Penalties. Balt., Md., Code § 12-204 (2026) Any person who violates any provisions of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 99-548* *History: Ord. 01-072* #### Subtitle 3 – Distribution of Samples and Coupons ##### § 12-301 Definitions. Balt., Md., Code § 12-301 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Distribute” means to: (1) give, sell, deliver, or offer to give, sell, or deliver; or (2) cause or hire any person to give, sell, deliver, or offer to give, sell, or deliver. (c) “Less than basic cost” means: (1) free of charge; (2) for a nominal or discount price; or (3) for any other price that is less than the distributor’s cost plus any applicable tobacco taxes. (d) (1) “Public place” means any area, whether open or enclosed, to which members of the public are normally invited or permitted. (2) “Public place” includes parks, streets, sidewalks, sports fields, gymnasiums, shopping centers, and any property owned, occupied, or operated by the City. (3) “Public place” does not include any retail store. *History: Ord. 99-548* ##### § 12-302 Exemptions. Balt., Md., Code § 12-302 (2026) (a) This subtitle does not apply to the distribution of a single cigarette. (b) This subtitle does not apply anywhere in the area within and bounded by: (1) Centre Street on the north; (2) the Fallsway on the east; (3) Pratt Street on the south; (4) Paca Street on the west; and (5) Druid Hill Avenue on the northwest. (c) This subtitle does not apply to a coupon that is contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication. (d) This subtitle does not apply to the distribution of tobacco products or coupons at an event that is held in an enclosed area to which entry is not available to the general public but only to those whom the sponsor of the event invites. (e) This subtitle does not apply to the distribution of tobacco products or coupons by a retailer, manufacturer, or distributor of tobacco products to its adult employees. *History: Ord. 99-548* ##### § 12-303 Public distribution prohibited. Balt., Md., Code § 12-303 (2026) (a) Except as specified in § 12-302 {“Exemptions”} of this subtitle, no person in any public place or at any public event may distribute to a member of the public any tobacco product at less than basic cost. (b) Except as specified in § 12-302 {“Exemptions”} of this subtitle, no person in any public place or at any public event may distribute to a member of the public any coupon that is redeemable for a tobacco product to members of the public in public places, in public areas or at public events. *History: Ord. 99-548* ##### §§ 12-304 to 12-305 Balt., Md., Code § 12-304 to 12-305 (2026) Reserved ##### § 12-306 Penalties. Balt., Md., Code § 12-306 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each person to whom a tobacco product is distributed constitutes a separate offense. *History: Ord. 99-548* #### Subtitle 4 – Placement of Tobacco Products and Smoking Devices ##### § 12-401 Definitions. Balt., Md., Code § 12-401 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Electronic smoking device” has the meaning stated in § 12-101 {“Definitions”} of this title. (c) (1) “Tobacco product” means any substance that contains tobacco. (2) “Tobacco product” includes any: (i) cigarette; (ii) cigar; (iii) bidi; (iv) pipe or other smoking tobacco; or (v) chewing tobacco, spit tobacco, snuff, or other smokeless tobacco. *History: Ord. 01-076* *History: Ord. 14-310* ##### § 12-402 Placement requirements — In general. Balt., Md., Code § 12-402 (2026) (a) Except as otherwise specified in this subtitle, no establishment that sells tobacco products or electronic smoking devices at retail may display, store, or place any tobacco product or electronic smoking device anywhere that is accessible to customers without the intervention of the seller or an employee of the seller. (b) The display, storage, or placement of tobacco products or electronic smoking devices in accord with one of the following methods does not violate subsection (a) of this section: (1) behind a sales counter in a place that, absent extraordinary efforts, is beyond the physical reach of customers; (2) in a locked display case for which seller assistance is needed to gain access to products in the case; or (3) in an overhead merchandise rack that: (i) at its lowest point, is at least 6 feet above the floor; and (ii) permits access to products in the rack only from the side facing away from customers. *History: Ord. 01-076* *History: Ord. 14-310* ##### § 12-403 Placement requirements — Exceptions. Balt., Md., Code § 12-403 (2026) This subtitle does not apply to: (1) the sale of tobacco products or electronic smoking devices from a vending machine that complies with all requirements of State Business Regulation Article, Title 16, Subtitle 3A; or (2) an establishment that: (i) sells tobacco products or electronic smoking devices exclusively or primarily; and (ii) makes bona fide efforts to prevent minors from entering the establishment. *History: Ord. 01-076* *History: Ord. 14-310* ##### §§ 12-404 to 12-405 Balt., Md., Code § 12-404 to 12-405 (2026) Reserved ##### § 12-406 Enforcement by citation. Balt., Md., Code § 12-406 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 01-076* *History: Ord. 03-595* ##### § 12-407 Penalties: $500. Balt., Md., Code § 12-407 (2026) (a) Any owner, operator, or manager of an establishment that violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 01-076* #### Subtitle 5 – Unlawful Distribution ##### § 12-501 Definitions. Balt., Md., Code § 12-501 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Distribute” means to: (1) give away, sell, deliver, dispense, or issue; (2) offer to give away, sell, deliver, dispense, or issue; or (3) cause or hire any person to: (i) give away, sell, deliver, dispense, or issue; or (ii) offer to give away, sell, deliver, dispense, or issue. (c) “Tobacco product” has the meaning stated in State Health-General Article, § 13-1001 {“Definitions: Tobacco Product”}. *History: Ord. 02-322* *History: Ord. 14-310* *History: Ord. 20-340* ##### § 12-502 Unlawful distribution. Balt., Md., Code § 12-502 (2026) (a) A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes may not: (1) distribute any tobacco product to an individual under the age of 21 years, unless the individual is acting solely as the agent of an employer engaged in the business of distributing those products or devices; (2) distribute any cigarette rolling paper to an individual under the age of 21 years; or (3) distribute to an individual under the age of 21 years any coupon redeemable for any tobacco product. (b) A person not described in subsection (a) of this section may not: (1) buy for or sell to an individual under the age of 21 years any tobacco product; or (2) buy for or sell or deliver to an individual under the age of 21 years any cigarette rolling paper. *History: Ord. 02-322* *History: Ord. 14-310* *History: Ord. 20-340* ##### § 12-503 Exceptions. Balt., Md., Code § 12-503 (2026) (a) This subtitle does not apply to the distribution of a coupon that is: (1) contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or (2) sent through the mail. (b) A person has not violated this subtitle if: (1) the person examined a buyer’s or recipient’s driver’s license or other identification issued by an employer, governmental entity, or institution of higher education; and (2) the license or other identification identified the buyer or recipient as being at least 21 years old. (c) A person has not violated this subtitle if: (1) the person examined a buyer’s or recipient’s valid military identification; and (2) the identification indicated that the buyer or recipient is: (i) an active duty member of the military; and (ii) at least 18 years old. *History: Ord. 02-322* *History: Ord. 20-340* ##### §§ 12-504 to 12-505 Balt., Md., Code § 12-504 to 12-505 (2026) Reserved ##### § 12-506 Enforcement by citation. Balt., Md., Code § 12-506 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 02-322* ##### § 12-507 Penalties: $1,000. Balt., Md., Code § 12-507 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 02-322* #### Subtitle 6 – Flavored Tobacco Wrappings ##### § 12-601 Definitions. Balt., Md., Code § 12-601 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Distribute” means to: (1) sell, deliver, dispense, issue, transfer, or otherwise distribute; (2) offer to sell, deliver, dispense, issue, transfer, or otherwise distribute; or (3) cause or hire any person to: (i) sell, deliver, dispense, issue, transfer, or otherwise distribute; or (ii) offer to sell, deliver, dispense, issue, transfer or otherwise distribute. (c) “Flavored tobacco wrapping” means any cigarette rolling paper or tobacco wrapping leaf or paper constituted from tobacco that is, or is held out to be, impregnated or scented with, or aged or dipped in, or has as a constituent part (including a smoke constituent) or additive, an artificial or natural flavor, alcoholic liquor, or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, coconut, licorice, cocoa, cherry, coffee, chocolate, vanilla, honey, or any other flavoring agent that is a characterizing flavor of the tobacco product or the tobacco smoke. *History: Ord. 09-234* ##### § 12-602 Distribution prohibited Balt., Md., Code § 12-602 (2026) No person may distribute for consideration any flavored tobacco wrapping to any other person. *History: Ord. 09-234* ##### § 12-603 Exception for certain tobacco shops. Balt., Md., Code § 12-603 (2026) This subtitle does not apply to the distribution of flavored wrapping paper by or to a retail tobacco establishment that: (1) derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products; (2) maintains for sale an inventory of loose tobacco products; and (3) prohibits the entry of minors at all times. *History: Ord. 09-234* ##### § 12-604 Exception for vending machine sales. Balt., Md., Code § 12-604 (2026) This subtitle does not apply to the sale or distribution of tobacco products by vending machines. *History: Ord. 09-234* ##### § 12-605 Balt., Md., Code § 12-605 (2026) Reserved ##### § 12-606 Enforcement by citation. Balt., Md., Code § 12-606 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 09-234* ##### § 12-607 Penalties: $1,000. Balt., Md., Code § 12-607 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each individual wrapping distributed in violation of this subtitle is a separate offense. *History: Ord. 09-234* *History: Ord. 10-340* #### Subtitle 7 – Smoking in Vendor Trucks ##### § 12-701 Definitions. Balt., Md., Code § 12-701 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Vendor truck” has the meaning stated in City Code Article 15, § 17-1 {“Definitions”}. (c) “Smoke” has the meaning stated in § 12-101 {“Definitions”} of this title. *History: Ord. 14-237* *History: Ord. 16-503* ##### § 12-702 Smoking prohibited within vendor truck. Balt., Md., Code § 12-702 (2026) Smoking is prohibited in any vendor truck. *History: Ord. 14-237* ##### §§ 12-703 to 12-704 Balt., Md., Code § 12-703 to 12-704 (2026) Reserved ##### § 12-705 Enforcement by citation. Balt., Md., Code § 12-705 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”} (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 14-237* ##### § 12-706 Penalties: $500. Balt., Md., Code § 12-706 (2026) Any person who violates any provisions of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 14-237* #### Subtitle 8 – Smoking Near Playgrounds ##### § 12-801 Definitions. Balt., Md., Code § 12-801 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Athletic facility” means any outdoor facility clearly intended for playing sports. (2) “Athletic facility” includes any: (i) baseball diamond; (ii) soccer, lacrosse, or football field; (iii) basketball court; (iv) racing track; (v) skating rink; or (vi) field hockey pitch. (c) “Playground” means an outdoor area set aside for recreation and play, including an area containing equipment such as seesaws, swings, slides, merry-go-rounds, jungle gyms, monkey bars, overhead ladders, trapeze rings, playhouses, sandboxes, mazes, or similar play structures of any kind. (d) “Public swimming pool” has the meaning stated in § 11-301(c) {“Definitions: Public swimming pool”} of this article. (e) “Schoolyard” means outdoor school property intended to be used for recreation and play. (f) “Smoke” has the meaning stated in § 12-101 {“Definitions”} of this title. *History: Ord. 14-212* *History: Ord. 14-307* *History: Ord. 14-310* ##### § 12-802 Balt., Md., Code § 12-802 (2026) Reserved ##### § 12-803 Where smoking prohibited. Balt., Md., Code § 12-803 (2026) Except as otherwise specified in this subtitle, smoking is prohibited in or within 50 feet of any: (1) playground; (2) schoolyard; (3) athletic facility; or (4) public swimming pool. *History: Ord. 14-212* *History: Ord. 14-307* ##### § 12-804 Exceptions. Balt., Md., Code § 12-804 (2026) This subtitle does not apply to the following: (1) a moving private vehicle. (2) smoking as an integral part of a theatrical performance held in a facility primarily used for theatrical performances. (3) smoking as an integral part of a religious ceremony. *History: Ord. 14-212* ##### §§ 12-805 to 12-806 Balt., Md., Code § 12-805 to 12-806 (2026) Reserved ##### § 12-807 Enforcement by citation. Balt., Md., Code § 12-807 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”} (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 14-212* ##### § 12-808 Civil penalties. $500. Balt., Md., Code § 12-808 (2026) Any person who smokes in violation of this subtitle is subject to a civil fine of not more than $500 for each offense. *History: Ord. 14-212* #### Subtitle 9 – Nicotine Replacement Therapy Products ##### § 12-901 Definitions. Balt., Md., Code § 12-901 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Nicotine replacement therapy product” means an over-the-counter nicotine delivery system, such as gum, patches, sprays, inhalers, or lozenges, which is approved by the United States Food and Drug Administration for the purposes of relieving nicotine withdrawal symptoms. (c) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 12-908 {“Civil Penalties: $100”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 20-364A* *History: Ord. 22-125* ##### § 12-902 Balt., Md., Code § 12-902 (2026) Reserved ##### § 12-903 Retailers to offernicotine replacement therapy products for sale. Balt., Md., Code § 12-903 (2026) (a) In this section, a retailer means any: (1) licensed retailer, as defined in State Business Regulation Article, § 16-201(d) {“Licensed retailer”}; or (2) licensed other tobacco products retailer, as defined in State Business Regulation Article, § 16.5-101(e) {“Licensed other tobacco products retailer”}. (b) A retailer must offer at least one form of nicotine replacement therapy product for sale. (c) Any nicotine replacement therapy product offered for sale must be packaged in the smallest quantity available to the retailer. (d) Any nicotine replacement therapy product offered for sale must be prominently displayed near any tobacco products offered for sale. *History: Ord. 20-364A* ##### §§ 12-904 to 12-905 Balt., Md., Code § 12-904 to 12-905 (2026) Reserved ##### § 12-906 Enforcement by citation. Balt., Md., Code § 12-906 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day a violation continues is a separate offense. *History: Ord. 20-364A* #### Subtitle 10 – Tobacco Product Use in Stadiums ##### § 12-1001 Definitions Balt., Md., Code § 12-1001 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Electronic smoking device” has the meaning stated in § 12-101 {“Definitions”} of this title. (c) (1) “Professional sporting event” means any sporting or athletic event for which the competing athletes receive monetary payment for participation. (2) “Professional sporting event” includes: (i) a collegiate sporting or athletic event; (ii) an Olympic or international sporting or athletic event; or (iii) a motor race event. (3) “Professional sporting event” excludes: (i) a high school sporting or athletic event; and (ii) an amateur sporting or athletic event for which the competing athletes do not receive monetary payment for participation. (d) (1) “Tobacco product” means a product that is: (i) intended for human consumption or likely to be consumed, whether inhaled, chewed, absorbed, dissolved, smoked, or ingested in any other manner, and that is made or derived from, or that contains: (A) tobacco; or (B) nicotine; or (ii) an accessory or a component used in any manner of consumption described under subparagraph (i) of this paragraph. (2) “Tobacco product” includes: (i) cigarettes; (ii) cigars; (iii) pipe tobacco; (iv) chewing tobacco; (v) snuff; (vi) snus; (vii) electronic smoking devices; (viii) filters; (ix) rolling papers; (x) pipes; and (xi) liquids used in electronic smoking devices, regardless of nicotine content. (3) “Tobacco product” does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as defined in the Federal Food, Drug, and Cosmetic Act. (d) (1) “Stadium” means a structure with tiers of seats rising around a field or court, or another area where sporting events occur, intended to be used: (i) primarily for the viewing of athletic events; and (ii) secondarily, for entertainment and other public gathering purposes. (2) “Stadium” includes: (i) any “athletic facility”, as defined in § 12-801 {“Definitions”} of this title; and (ii) any swimming pool or other body of water that is used: (A) to train or practice for competitive swimming or diving; or (B) for sporting events. *History: * ##### § 12-1002 Use prohibition - Stadiums. Balt., Md., Code § 12-1002 (2026) Use of a tobacco product in any manner is prohibited in any stadium. *History: * ##### § 12-1003 Enforcement by citation. Balt., Md., Code § 12-1003 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: * ##### § 12-1004 Civil penalties: $500. Balt., Md., Code § 12-1004 (2026) Any person who violates any provision of this subtitle is subject to a civil fine of not more than $500 for each violation. *History: * ### Title 13 – Tattoo Establishments #### Subtitle 1 – Definitions ##### § 13-101 Definitions. Balt., Md., Code § 13-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Tattoo” means to prick, pierce, or otherwise enter the skin or the mucous membrane of an individual for the purpose of inserting pigments or raising scars. (c) “Tattoo establishment” means any place at which a tattoo is administered for any form of consideration. (d) “Tattooist” means any individual who administers a tattoo for any form of consideration. *History: Ord. 99-548* #### Subtitle 2 – Licensing and Registration ##### § 13-201 License required for tattoo establishments. Balt., Md., Code § 13-201 (2026) No person may maintain, operate, or conduct a tattoo establishment in the City without a license to do so from the Commissioner of Health. *History: Ord. 99-548* ##### § 13-202 Registration required for tattooists. Balt., Md., Code § 13-202 (2026) No tattoo establishment may employ or otherwise allow any individual to act as a tattooist, and no individual may act as a tattooist, unless that individual has first registered with the Commissioner of Health. *History: Ord. 99-548* ##### § 13-203 Applications for license. Balt., Md., Code § 13-203 (2026) An application for a tattoo establishment license must: (1) be on the form that the Commissioner provides; and (2) contain the information that the Commissioner requires. *History: Ord. 99-548* ##### § 13-204 Issuance of license; fee. Balt., Md., Code § 13-204 (2026) The Commissioner must issue a license to the applicant on receipt of: (1) a completed application; and (2) the annual license fee of $100. *History: Ord. 99-548* ##### § 13-205 Term. Balt., Md., Code § 13-205 (2026) Unless sooner revoked, a license issued under this title expires annually on the anniversary of its issuance. *History: Ord. 99-548* #### Subtitle 3 – Regulated Activities ##### § 13-301 Safety and sanitary standards. Balt., Md., Code § 13-301 (2026) All tattooing must be done in conformance with: (1) the State regulations governing skin-penetrating body adornment procedures (COMAR 10.06.01.06H); and (2) any additional conditions that the Commissioner adopts to protect the public health. *History: Ord. 99-548* ##### §§ 13-302 to 13-303 Balt., Md., Code § 13-302 to 13-303 (2026) Reserved ##### § 13-304 Tattooing minors prohibited. Balt., Md., Code § 13-304 (2026) No person may tattoo any minor. *History: Ord. 99-548* #### Subtitle 4 – Enforcement; Penalties ##### § 13-401 Suspensions, revocations, etc. Balt., Md., Code § 13-401 (2026) Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of this article, the Commissioner may suspend, revoke, or refuse to renew the license or registration of any person if that person, that person’s tattoo establishment, or any tattooist employed by that person violates any provision of this title or of any order, rule, or regulation issued under this title. *History: Ord. 99-548* ##### §§ 13-402 to 13-403 Balt., Md., Code § 13-402 to 13-403 (2026) Reserved ##### § 13-404 Penalties: $1,000. Balt., Md., Code § 13-404 (2026) Any person who violates any provision of this title or of any order, rule, or regulation issued under this title is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 99-548* ### Title 14 – Ammunition Sales to Minors #### § 14-101 Definitions. Balt., Md., Code § 14-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Ammunition” means any cartridge, shell, or other device that contains explosive or incendiary material and is designed or intended for use in any firearm. (c) “Firearm” means any pistol, revolver, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or other firearm. (d) “Minor” means any person under the age of 18. *History: Ord. 02-452* #### § 14-102 Balt., Md., Code § 14-102 (2026) Reserved #### § 14-103 Sale, etc., to minors prohibited. Balt., Md., Code § 14-103 (2026) No person may sell, give, or otherwise transfer, or attempt to sell, give, or otherwise transfer any ammunition to a minor. *History: Ord. 02-452* #### § 14-104 Purchase, etc., by minors prohibited. Balt., Md., Code § 14-104 (2026) No minor may: (1) purchase or attempt to purchase any ammunition; or (2) possess any ammunition in any public place. *History: Ord. 02-452* #### § 14-105 Photo ID required. Balt., Md., Code § 14-105 (2026) No person may sell, give, or otherwise transfer or attempt to sell, give, or otherwise transfer any ammunition to any individual without first verifying, by means of photographic identification that contains the individual’s date of birth, that the individual is not a minor. *History: Ord. 02-452* #### § 14-106 Balt., Md., Code § 14-106 (2026) Reserved #### § 14-107 Registration. Balt., Md., Code § 14-107 (2026) (a) (1) Except as specified in paragraph (2) of this subsection, every person engaged in the business of selling ammunition must apply to the Commissioner of Health for a “Protections of Minors” registration. (2) This section does not apply to a person who is licensed under State Code Article 27, § 443 as a regulated firearms dealer. (b) The registration must: (1) be on the form that the Commissioner provides; (2) contain the information that the Commissioner requires; and (3) be supplemented within 30 days of any change in the information submitted. (c) Registration fees are as follows: (1) Initial registration of business – $10. (2) Supplementation of information – $5. *History: Ord. 02-452* #### § 14-108 Notices. Balt., Md., Code § 14-108 (2026) Every person engaged in the business of selling ammunition must post conspicuously in that person’s place of business a notice of: (1) the prohibition in § 14-103 of this title against the transfer of ammunition to minors; and (2) the requirement in § 14-105 of this title for age verification. *History: Ord. 02-452* #### § 14-109 Sales log. Balt., Md., Code § 14-109 (2026) (a) Every person engaged in the business of selling ammunition must keep a log of all ammunition sales. (b) The sales log must contain, for each sale of ammunition: (1) a copy of the sales receipt; and (2) a copy of the purchaser’s photographic identification, clearly showing the purchaser’s name and date of birth. (c) During business hours, the sales log must be kept near the register and made available for inspection by any police officer or any designee of the Commissioner. *History: Ord. 02-452* #### § 14-110 Balt., Md., Code § 14-110 (2026) Reserved #### § 14-111 Rules and regulations. Balt., Md., Code § 14-111 (2026) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner may include provisions governing: (1) registration information to be provided and, from time to time, supplemented under § 14-107 of this title; (2) the wording, size, and placement of the notices required by § 14-108 of this title; and (3) the form of and information to be recorded in the sales log required by § 14-109 of this title. *History: Ord. 02-452* #### § 14-112 Balt., Md., Code § 14-112 (2026) Reserved #### § 14-113 Penalties. Balt., Md., Code § 14-113 (2026) Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to a fine of $1,000 or imprisonment for 1 year or both. *History: Ord. 02-452* ### Title 15 – Ephedrine Products #### Subtitle 1 – Definitions ##### § 15-101 Definitions. Balt., Md., Code § 15-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Distribute” means to: (1) give away, sell, deliver, dispense, or issue; (2) offer to give away, sell, deliver, dispense, or issue; or (3) cause or hire any person to: (i) give away, sell, deliver, dispense, or issue; or (ii) offer to give away, sell, deliver, dispense, or issue. (c) “Ephedrine product” means any dietary supplement product designed or intended for human consumption that contains any natural or synthetic ephedrine. *History: Ord. 03-621* #### Subtitle 2 – Distribution to Minors ##### § 15-201 Unlawful distribution – Businesses. Balt., Md., Code § 15-201 (2026) A person engaged in the business of selling or otherwise distributing ephedrine products for commercial purposes may not: (1) distribute any ephedrine product to a minor, unless the minor is acting solely as the agent of an employer engaged in the business of distributing ephedrine products; or (2) distribute to a minor any coupon redeemable for any ephedrine product. *History: Ord. 03-621* ##### § 15-202 Unlawful distribution – Others. Balt., Md., Code § 15-202 (2026) (a) A person not described in § 15-201 of this subtitle may not buy for or sell or deliver to a minor: any ephedrine product; or any coupon redeemable for any ephedrine product. (b) This section does not apply to a parent or guardian of a minor who provides the product to the minor in accordance with written instructions of the minor’s physician. *History: Ord. 03-621* ##### § 15-203 Exceptions – Identification as adult. Balt., Md., Code § 15-203 (2026) A person has not violated this subtitle if: (1) the person examined a buyer’s or recipient’s driver’s license or other identification issued by an employer, governmental entity, or institution of higher education; and (2) the license or other identification identified the buyer or recipient as being at least 18 years old. *History: Ord. 03-621* ##### § 15-204 Exceptions – Published coupon. Balt., Md., Code § 15-204 (2026) This subtitle does not apply to the distribution of a coupon that is: (1) contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or (2) sent through the mail. *History: Ord. 03-621* ##### §§ 15-205 to 15-208 Balt., Md., Code § 15-205 to 15-208 (2026) Reserved ##### § 15-209 Enforcement by citation. Balt., Md., Code § 15-209 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-621* ##### § 15-210 Criminal penalties: $1,000. Balt., Md., Code § 15-210 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 03-621* #### Subtitle 3 – Product Placement ##### § 15-301 General requirements. Balt., Md., Code § 15-301 (2026) Except as otherwise specified in this subtitle, no establishment that sells ephedrine products at retail may display, store, or place any ephedrine product anywhere that is accessible to customers without the intervention of the seller or an employee of the seller. *History: Ord. 03-621* ##### § 15-302 Examples of complying placement. Balt., Md., Code § 15-302 (2026) The display, storage, or placement of ephedrine products in accord with one of the following methods does not violate § 15-301 of this subtitle: (1) behind a sales counter in a place that, absent extraordinary efforts, is beyond the physical reach of customers; (2) in a locked display case for which seller assistance is needed to gain access to products in the case; or (3) in an overhead merchandise rack that: (i) at its lowest point, is at least 6 feet above the floor; and (ii) permits access to products in the rack only from the side facing away from customers. *History: Ord. 03-621* ##### §§ 15-303 to 15-308 Balt., Md., Code § 15-303 to 15-308 (2026) Reserved ##### § 15-309 Enforcement by citation. Balt., Md., Code § 15-309 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-621* ##### § 15-310 Criminal penalties: $500. Balt., Md., Code § 15-310 (2026) (a) An owner, operator, or manager of an establishment that violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 03-621* ### Title 16 – Psychoactive Substances #### Subtitle 1 – Definitions ##### § 16-101 Definitions. Balt., Md., Code § 16-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Distribute” means to: (1) give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; (2) offer to give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; or (3) cause or hire any person to: (i) give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; or (ii) offer to give away, sell, deliver, dispense, issue, transfer, or otherwise distribute. (c) (1) “Psychoactive substance” means any: (i) synthetic cannabinoid; (ii) synthetic cathinone; or (iii) psychoactive substance analogue. (2) “Psychoactive substance” does not include a substance that: (i) has an approved drug application by the U.S. Food and Drug Administration; and (ii) is being distributed in accordance with all applicable federal and state laws and regulations. (d) “Psychoactive substance analogue” means a substance that: (1) is an alkyl homologue of a synthetic cannabinoid or synthetic cathinone; or (2) in its chemical structure, differs from a synthetic cannabinoid or synthetic cathinone only by: (i) substituting 1 or more hydrogens with halogens; or (ii) substituting 1 or more halogens with different halogens. (e) (1) “Synthetic cannabinoid” means a chemically engineered substance that: (i) has binding activity at 1 or more cannabinoid receptors; (ii) is a chemical analogue or isomer of a compound that has binding activity at 1 or more cannabinoid receptors; or (iii) is identified as a cannabimimetic agent, as defined in State Code Criminal Law Article § 5-101. (2) A synthetic cannabinoid is commonly, but not exclusively, found sprayed on dried herbs, to be burned and inhaled by consumers. (f) (1) “Synthetic cathinone” means a chemically engineered derivative of cathinone, which is a naturally occurring beta-ketone amphetamine analogue found in the leaves of the catha edulis plant. (2) “Synthetic cathinone” includes butylone, dimethylcathinone, ethcathinone, ethylone, 3- and 4-fluoromethcathinone, mephedrone, methedrine, methylenedioxypyrovalerone (MDVP), methylone, and pyrovalerone. (3) A synthetic cathinone is commonly, but not exclusively, found in the form of pills, capsules, crystals, powders, tablets, or liquids. *History: Ord. 16-440* #### Subtitle 2 – Prohibited Conduct ##### § 16-201 Distribution prohibited. Balt., Md., Code § 16-201 (2026) No person may distribute a psychoactive substance. *History: Ord. 16-440* #### Subtitle 3 – Administrative Sanctions ##### Part I – In general ###### § 16-301 Notice of violation. Balt., Md., Code § 16-301 (2026) (a) Whenever the Commissioner reasonably believes that a person is distributing a psychoactive substance in violation of this title, the Commissioner shall issue a violation notice to the person. (b) The violation notice must: (1) cite the violation; (2) specify any corrective action to be taken and the time within which that action must be taken; and (3) state that a hearing will be provided to the person, if one is requested under Title 2, Subtitle 3 {“Administrative Hearings”} of this article. *History: Ord. 16-440* ###### § 16-302 Authority to seize, test, etc. Balt., Md., Code § 16-302 (2026) (a) On reasonable belief that a violation of this title has occurred, the Commissioner may: (1) seize and detain any product suspected to be a psychoactive substance; (2) submit the seized product for laboratory testing and analysis; (3) retain for use in further proceedings any seized product found to be a psychoactive substance; and (4) destroy any product ultimately determined to be a psychoactive substance involved in a violation of this title. (b) Any product found not to be a psychoactive substance involved in a violation of this subtitle must be promptly returned to the person from whom seized, less any amount destroyed for testing. *History: Ord. 16-440* ###### §§ 16-303 to 16-305 Balt., Md., Code § 16-303 to 16-305 (2026) Reserved ##### Part II – Licensees ###### § 16-306 “License” defined. Balt., Md., Code § 16-306 (2026) In this Part II, “license” means a license or permit issued by the Baltimore City Health Department. *History: Ord. 16-440* ###### § 16-307 Suspension or revocation on notice and hearing. Balt., Md., Code § 16-307 (2026) (a) The Commissioner may suspend or revoke the license of a person if the licensee has first been issued a violation notice under § 16-301 {“Notice of Violation”} of this subtitle. (b) Before suspending or revoking a license, the Commissioner must provide the licensee with notice and opportunity for hearing, as provided In Title 2, Subtitle 3 {“Administrative Hearings”} of this article. *History: Ord. 16-440* ###### § 16-308 Suspension without notice. Balt., Md., Code § 16-308 (2026) (a) If the Commissioner considers it necessary and in the interest of public health and safety because of exigent circumstances where public health and safety are under imminent threat, the Commissioner may issue an order of immediate suspension to a licensee without having first issued a violation notice under § 16-301 {“Notice of Violation”} of this subtitle. (b) An order issued under this section: (1) must cite the violation; (2) must specify the corrective action to be taken and the time within which that action must be taken; and (3) may order all of the licensee’s operations to be discontinued immediately. (c) The notice must also state that a hearing will be provided to the licensee under Title 2, Subtitle 3 {“Administrative Hearings”} of this article, if one is requested. *History: Ord. 16-440* #### Subtitle 4 – Civil and Criminal Penalties ##### § 16-401 Enforcement by citation. Balt., Md., Code § 16-401 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 16-440* ##### § 16-402 Criminal penalties. Balt., Md., Code § 16-402 (2026) Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 16-440* ##### § 16-403 Each package or container a separate offense. Balt., Md., Code § 16-403 (2026) Each package or container of a psychoactive substance that is distributed or intended for distribution in violation of this title is a separate offense. *History: Ord. 16-440* ### Title 17 ### Title 18 – Miscellaneous Regulations #### § 18-101 Burials. Balt., Md., Code § 18-101 (2026) (a) Every grave dug in any cemetery or burial ground must be at least 4' 6" deep. (b) Any person who violates this section is guilty of a misdemeanor and, on conviction, subject to a fine of not more than $100 for each offense. *History: Ord. 99-548* #### § 18-102 Youth baseball gear. Balt., Md., Code § 18-102 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Approved protective gear” means protective eye, head, and body equipment that meets or exceeds standards set by any of the following for use in youth baseball: (i) the American National Standards Institute; (ii) the American Society of Testing and Measurements; (iii) the Snell Memorial Foundation; or (iv) any other organization that the Health Commissioner designates for this purpose. (3) “Youth baseball” means any baseball game or practice session held under the auspices of: (i) Little League Baseball; or (ii) any other organization of 2 or more teams. (b) No individual under the age of 16 may participate in youth baseball, at any position, unless she or he is wearing approved protective gear of the type the Commissioner designates as appropriate for that position. (c) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Health Commissioner must include provisions, consistent with this section, that designate: (1) the types of protective gear that are appropriate for each playing position; and (2) the organizations whose standards may be used for determining whether equipment is approved protective gear for purposes of this section. (d) This section is enforced by the issuance of a warning that: (1) informs the offender of the requirements of this section; and (2) contains educational materials about approved protective gear for youth baseball. *History: Ord. 01-273* ### Title 19 – Pesticides #### Subtitle 1 – General Provisions ##### § 19-101 Definitions. Balt., Md., Code § 19-101 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Agriculture” means the commercial production, storage, processing, marketing, distribution, or export of an agronomic, aquacultural, equine, floricultural, horticultural, ornamental, silvicultural, or viticultural crop, including: (1) a farm product; (2) livestock or a livestock product; (3) poultry or a poultry product; (4) milk or a dairy product; (5) timber or a forest product; (6) fruit or a horticultural product; and (7) seafood or an aquacultural product. (c) “Custom applicator” means a person engaged in the business of applying pesticides. (d) “Glyphosate” means a synthetic compound that is a non-selective systemic herbicide, also known as N-(phosphonomethyl) glycine with a chemical formula of C3H8NO5P. (e) (1) “Lawn” means an area of land, not used for agriculture, that is: (i) mostly covered by grass, other similar herbaceous plants; and (ii) kept trim by mowing or cutting. (2) “Lawn” does not include: (i) a playing field as defined in § 19-301 of this title; (ii) a golf course; (iii) a garden; or (iv) a tree or shrub. (f) (1) “Neonicotinoid” means a class of neuro-active pesticides chemically related to nicotine. (2) “Neonicotinoid” includes: (i) acetamiprid; (ii) clothianidin; (iii) dinotefuran; (iv) imidacloprid; (v) nitenpyram; (vi) nithiazine; (vii) thiacloprid; and (viii) thiamethoxam. (g) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle "person" also includes a governmental entity or an instrumentality or unit of a governmental entity. (h) “Pest” means an insect, snail, slug, rodent, nematode, fungus, weed, or other form of plant or animal life or microorganism (except a microorganism on or in a living human or animal) that is normally considered to be a pest or defined as a pest by applicable State regulations. (i) (1) “Pesticide” means a substance or mixture of substances intended or used: (i) to prevent, destroy, repel, or mitigate any pest; (ii) as a herbicide, plant regulator, defoliant, or desiccant; or (iii) as a spray adjuvant, such as a wetting agent or adhesive. (2) “Pesticide” does not include an antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, that is used for cleaning and is not considered a pesticide under any federal or state law or regulation. (j) (1) “Playground” has the meaning stated in § 12-801(c) of this article {“Definitions: Playground”}. (2) “Playground” includes a mulched path that is used to enter a playground. (k) “Registered pesticide” means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the Federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden, and ornamental sites or areas. *History: Ord. 20-430* *History: Ord. 22-125* ##### § 19-102 Findings and purpose. Balt., Md., Code § 19-102 (2026) (a) The Mayor and City Council finds as follows: (1) Pesticides have value when they are used to protect the public health, the environment, and our food and water supply. (2) Pesticides, by definition, contain toxic substances, many of which may have a detrimental effect on human health, pet health, and the environment. (3) Certain pesticides have been linked to a host of serious conditions in children including pediatric cancers, decreased cognitive function, and behavioral problems. (4) Certain pesticides have been linked to a myriad of adult conditions such as Parkinson’s disease, diabetes, lupus, rheumatoid arthritis, dementia, reproductive dysfunction, Alzheimer’s disease, and a variety of cancers including leukemia, lymphoma, breast cancer, colorectal cancer, prostate cancer, and lung cancer. (5) Certain pesticides, especially those containing the chemical glyphosate, have been linked to cancer. For example, in 2015, the International Agency for Research on Cancer, a division of the World Health Organization and the world’s leading authority on cancer, unanimously concluded that glyphosate is a probable carcinogen. The International Agency for Research on Cancer’s determination was based on a rigorous assessment that concluded that there is sufficient evidence of carcinogenicity in experimental animals. (6) Clean water is essential to human life, wildlife and the environment, and the unnecessary use of pesticides contributes to the deterioration of water quality, as substantiated by several studies including a 2014 USGS study that found 90% of urban waterways have pesticide levels high enough to harm aquatic life. (7) Bees and other pollinators are crucial to our ecosystem, and the use of neonicotinoid insecticides, which have been repeatedly and strongly linked with the collapse of honey bee colonies, as well as harm to aquatic insects and birds, pose an unacceptable risk to beneficial organisms. (8) The use of pesticides is not necessary for the management of lawns, especially in light of the risks associated with their use. There are non- and less-toxic alternatives and methods of cultivating a healthy, green lawn that do not pose a threat to public health. (9) Regulations at the federal and State level, and the risk assessments that inform them, do not mimic real world exposure scenarios and fail to account for synergistic or cumulative effects of multiple chemicals acting on the same pathway; they do not include sufficient evaluation of a pesticide’s “inert” ingredients and the pesticide formulations that are sold to consumers; and they often fail to take sensitive populations like children and pollinators into account. (10) In the absence of adequate regulation at the federal or State level, Baltimore City is compelled to act to protect the health of children, families, pets, and the environment. (b) (1) The purpose of this title is to protect the public health and welfare and to minimize the potential pesticide hazard to people and the environment, consistent with the public interest in the benefits derived from the safe use and application of pesticides. (2) The goal is to inform the public about pesticide applications and minimize the use of pesticides, while not restricting the ability to use pesticides in agriculture, for the protection of public health, or for other public benefit. *History: Ord. 20-430* ##### § 19-103 Rules and regulations. Balt., Md., Code § 19-103 (2026) In the rules and regulations adopted under § 2-106 {“Rules and regulations”} of this article, the Commissioner must include rules and regulations to carry out the provisions of this title. *History: Ord. 20-430* *History: Text Conformed 03/10/21* ##### § 19-104 Balt., Md., Code § 19-104 (2026) Reserved ##### § 19-105 Biennial reports. Balt., Md., Code § 19-105 (2026) (a) No later than June 30 of each odd-numbered year, the Department and the Baltimore City Office of Sustainability shall jointly submit a report to the Mayor and City Council that makes recommendations on whether any legislative changes or updates are necessary for the proper administration and implementation of this title. (b) The report required by this section shall include an assessment, relying on available scientific data, regarding: (1) whether any additional pesticides pose a significant threat to the health of the citizens of Baltimore or the environment; and (2) whether those pesticides should be included within this title’s specific pesticide prohibitions. *History: Ord. 20-430* #### Subtitle 2 #### Subtitle 3 – Prohibited Conduct ##### § 19-301 Definitions. Balt., Md., Code § 19-301 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Children’s facility” means a building or part of a building that, as part of its function, is (i) regularly occupied by children under the age of 18 years; and (ii) required to obtain an use and occupancy permit as a condition of performing that function. (2) “Children’s facility” includes a child day care center, family day care home, nursery school, recreational center, and classroom. (c) “Disease vector” means an animal, insect, or microorganism that carries and transmits an infectious pathogen into another organism. (d) “Listed pesticide” means: (i) a pesticide the active ingredients of which are recommended by the National Organic Standards Board (NOSB) pursuant to 7 U.S.C. § 6518, as amended, and published as the National List at 7 C.F.R. §§ 205.601 and 205.602; or (ii) a pesticide designated a “minimum risk pesticide” under the Federal Insecticide, Fungicide and Rodenticide Act § 25(b) and listed in 40 C.F.R. § 152.25(f). (e) “Mulched recreation area” means an area of land covered with natural or synthetic mulch or wood chips that is open to the public for picnic or recreational use. (f) (1) “Playing field” means: (i) an athletic field owned or maintained by a department or unit of Baltimore City government; or (ii) an area of land on private property maintained exclusively for athletic or sporting use. (2) “Playing field” does not include any artificial surface such as astro-turf or concrete. *History: Ord. 20-430* ##### § 19-301.1 Scope of subtitle - Baltimore City Public School System properties. Balt., Md., Code § 19-301.1 (2026) Nothing in this subtitle applies to any property that is used and maintained by the Baltimore City Board of School Commissioners. *History: Ord. 20-430* ##### § 19-302 Prohibited applications. Balt., Md., Code § 19-302 (2026) (a) Except as provided in subsection (b) of this section, no person may apply any pesticide other than a listed pesticide to any: (1) lawn; (2) playground; (3) mulched recreation area; (4) children’s facility; (5) grounds of a children’s facility; or (6) playing field. (b) Except as provided in § 19-303 {“Glyphosate use prohibited”}, § 19-304 {“Chlorpyrifos use prohibited”}, and § 19-305 {“Neonicotinoid pesticides on City-owned property”} of this title, a person may apply any registered pesticide to: (1) control weeds, as required by Title 5, Subtitle 7, of this article; (2) control invasive species, as defined and listed in regulations adopted under this title; (3) control disease vectors; (4) control biting or stinging insects or stinging plants; (5) control organisms that threaten the health of trees or shrubs; (6) maintain property as part of efforts by a public utility to comply with applicable vegetation management provisions of any federal, state, or local law or regulation; (7) control indoor pests, if applied near or around the foundation of a building; (8) comply with § 3318 {“Rodenticide Procedure”} of the City Building, Fire, and Related Codes Article; (9) control pests while engaged in agriculture; or (10) control a pest outbreak that poses an imminent threat to human health or threatens significant economic damage if a registered pesticide is not used. (c) If a pesticide is applied under subsection (b)(10) of this section, the person applying the pesticide must notify the Department of the application and articulate the reasons for the use of the pesticide within 24 hours after the application. *History: Ord. 20-430* *History: * ##### § 19-303 Glyphosate use prohibited. Balt., Md., Code § 19-303 (2026) (a) Notwithstanding any other provision of this title, a person may not use or apply glyphosate or any product containing glyphosate except when authorized under subsection (b) of this section. (b) (1) The Commissioner may authorize the use or application of glyphosate on a determination that a threat exists that requires the use of glyphosate and no other pesticide or class of pesticide would be effective in addressing the threat. (2) (i) The Department of Recreation and Parks may engage in the limited use and application of glyphosate subject to a written Integrated Vegetation Management Plan that details: (A) the locations of glyphosate use and application; (B) the necessity for glyphosate use and application in those locations; and (C) any preventive or mitigative measures undertaken to protect the health and safety of those within the vicinity of the glyphosate use and application. (ii) Any Intregrated Vegetation Management Plan that includes the use and application of glyphosate shall be submitted to the Commissioner prior to any use and application. *History: Ord. 20-430* ##### § 19-304 Chlorpyrifos use prohibited. Balt., Md., Code § 19-304 (2026) (a) Notwithstanding any other provision of this title, a person may not use or apply chlorpyrifos or any product containing chlorpyrifos except when authorized by the Commissioner under subsection (b) of this section. (b) The Commissioner may authorize the use or application of chlorpyrifos on a determination that a threat exists that requires the use of chlorpyrifos and no other pesticide or class of pesticide would be effective in addressing the threat. *History: Ord. 20-430* ##### § 19-305 Neonicotinoid pesticides on City-owned property. Balt., Md., Code § 19-305 (2026) (a) Except as provided in subsection (b) of this section, a City employee or City contractor may not use a neonicotinoid pesticide on outdoor property owned by the City. (b) A City employee or City contractor may use a neonicotinoid pesticide on City-owned property to control pests: (1) while engaged in agriculture; or (2) in a completely indoor and enclosed area, such as a greenhouse or a conservatory. *History: Ord. 20-430* #### Subtitle 4 – Enforcement; Penalties. ##### § 19-401 Enforcement by citation. Balt., Md., Code § 19-401 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day a violation continues is a separate offense. (d) A citation under this section may only be issued after the issuance of a written warning. *History: Ord. 20-430* ##### § 19-402 Criminal penalties. Balt., Md., Code § 19-402 (2026) (a) Any person who violates any provision of this title is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $250 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 20-430* ## Article 1 – Mayor, City Council, and Municipal Agencies ### Subtitle 1 – City Council #### § 1-1 Other office or clerkship prohibited. Balt., Md., Code art. 1, § 1-1 (2026) It shall not be lawful for any member of the City Council to be appointed or to accept appointment to any office or clerkship under the corporation during the term for which he was elected as a member of the City Council, the salary or emolument of which are fixed and determined by the Mayor and City Council, whether said appointment be made by the Mayor individually, or by the Mayor and City Council, or by any other officer or officers of the City. *History: Rev. Ords. 1858-003* *History: Ord. 1859-032* *History: Ord. 1864-090* #### § 1-2 Balt., Md., Code art. 1, § 1-2 (2026) Reserved #### § 1-3 Ordinances and resolutions. Balt., Md., Code art. 1, § 1-3 (2026) (a) (1) Every ordinance and resolution of the Mayor and City Council of Baltimore, when delivered to the Mayor for approval, duly authenticated as required by Article IV, § 5 of the City Charter, shall have indicated on it the date of each reading. (2) If the ordinance is one requiring publication of notice, the Chief Clerk shall attach a certificate from the publisher of each newspaper in which notice was published, stating the number of times and the dates when the notice was published, which certification shall have pasted on it a printed copy of the notice so published. (b) (1) The volumes of “Ordinances and Resolutions of the Mayor and City Council of Baltimore” published annually are legalized. They shall be deemed and taken by all public officials to be evidence of the ordinances contained in them. (2) Individually printed and attested ordinances and resolutions: (i) may be produced and offered in evidence in any suit pending in court; and (ii) when so produced and offered in evidence, have the same effect, to all intents and purposes, as the printed volumes containing them would have when published. *History: Ord. 05-011* *History: Ord. 08-140* *History: Ord. 50-1217* *History: Ord. 70-809* *History: Ord. 80-151* *History: Ord. 99-947* *History: Ord. 09-217* #### § 1-4 Committee on Legislative Investigations. Balt., Md., Code art. 1, § 1-4 (2026) (a) A standing committee of the City Council is established, to be known as the Committee on Legislative Investigations. (b) (1) The Committee comprises 5 Councilmembers, to be appointed from time to time by the Council President, with the approval of the City Council. (2) The President, with the approval of the Council, shall designate 1 member as the Committee’s Chair and another member as the Committee’s Vice-Chair. (c) On its own motion or at the request of any person, the Committee may: (1) study the continuing operations, efficiency, and functions of the several departments, bureaus, commissions, boards, and agencies of the Mayor and City Council of Baltimore; and (2) investigate complaints or allegations of faulty operations, inefficiency, or malfunctioning in any of these departments, bureaus, commissions, boards, and agencies. (d) (1) In undertaking any study or investigation under this section, the Committee may: (i) on motion approved by a majority of its members, issue subpoenas: (A) to compel the attendance of witnesses; (B) to compel the production of any relevant papers, books, accounts, records, documents, and testimony; and (C) to cause the deposition of witnesses to be taken, in the manner provided by law for taking depositions in a civil case; and (ii) administer oaths to all witnesses. (2) For purposes of paragraph (1) of this subsection, papers, books, accounts, records, documents, and testimony are considered relevant if they: (i) refer or relate to the matters under study or investigation; (ii) assist in assessing the credibility of a witness; (iii) contradict or corroborate the testimony of a witness; or (iv) demonstrate the existence of undue influence on a witness. (e) A subpoena issued under this section shall be served: (1) in the manner provided by law for service of a subpoena in a civil action; (2) at least 10 calendar days before the time that the subpoena sets for attendance or for the production of papers, books, accounts, records, or documents; and (3) with the following: (i) a statement of the subject of the study or investigation to which the subpoena relates; (ii) if the subpoena requires the appearance of a person, notice that the person may be accompanied by counsel; and (iii) a copy of this section and of any rules adopted by the Committee under this section. (f) (1) If a person subpoenaed under this section fails to comply with the subpoena or fails to testify on any matter on which the person may be lawfully interrogated: (i) the Committee may petition the Circuit Court of Baltimore City to order compliance with the subpoena; and (ii) on petition, the Court may: (A) pass an order directing compliance with the subpoena or compelling testimony; and (B) enforce its order by proceedings for contempt. (2) False swearing by a witness before the Committee is subject to the penalties of perjury. (g) (1) The Committee may adopt rules to govern its procedures under this section, including the conduct of hearings under this section. (2) These rules may not be inconsistent with the provisions of this section or of any other applicable law. (h) On completion of a study or investigation under this section, the Committee shall report to the members of the City Council, the Mayor, and the Board of Estimates: (1) the results of that study or investigation; and (2) any recommendations it may have for: (i) the more effective operation of any of these departments, bureaus, commissions, boards, and agencies; (ii) legislative, administrative, and budgetary improvements; and (iii) if the Committee has reasonable grounds to believe that a criminal offense has been committed, referral to the appropriate prosecuting authority. *History: Ord. 66-818* *History: Ord. 14-213* *History: Ord. 14-307* #### § 1-5 Agencies to provide budget status reports. Balt., Md., Code art. 1, § 1-5 (2026) (a) On or before November 1, February 1, May 1, and August 1 each year, the City agencies so requested shall file quarterly budget status reports with the Budget and Appropriations Committee of the City Council. (b) Each report shall contain the information required by the Committee and be in the format requested. (c) The Committee may hold a public hearing for those agencies not reporting or those showing a projected deficit for the fiscal year. (d) The words “City agencies” include the City trustees and all City sponsored and financed nonprofit corporations. *History: Ord. 72-211* *History: Ord. 77-333* *History: Ord. 81-568* *History: Ord. 82-753* #### § 1-6 Agencies to provide legislative information. Balt., Md., Code art. 1, § 1-6 (2026) It shall be the duty of the head of every City department or bureau established by the Baltimore City Charter or by ordinance to provide all technical materials, plats, drawings, and information that are requested by any member or the President of the City Council for the purpose of introducing legislation into the Council. *History: Ord. 76-080* #### § 1-7 Disorderly conduct prohibited. Balt., Md., Code art. 1, § 1-7 (2026) (a) No person shall act in a disorderly manner to the disturbance of the public peace at any meeting or committee meeting of the Baltimore City Council, whether the Baltimore City Council be meeting at Baltimore City Hall or at any other location. (b) (1) Any person who continues to violate the prohibitions of this section after a request for order by the presiding officer shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or be confined in jail for a period of not more than 60 days or be both fined and imprisoned in the discretion of the court. (2) Any person violating the provisions of this section after having been convicted of a prior violation of this section occurring within the preceding 12 months shall be fined not less than $100 for each violation and may be imprisoned for not more than 10 days if the fine is not paid. *History: Ord. 81-214* ### Subtitle 2 – Office of Council Services #### § 2-1 Office created; duties. Balt., Md., Code art. 1, § 2-1 (2026) (a) The City Council Office of Financial Review is hereby abolished and there is hereby created the Office of Council Services. (b) It is the function of this Office: (1) to analyze the City’s budget and make recommendations thereon to the City Council, including both operating and capital budgets, revenues, taxation, and related matters; (2) to conduct studies of the organization and inter-relationships of the several departments, commissions, boards, and agencies of the City government; (3) to make recommendations on maximizing economy and efficiency in government; (4) to analyze legislation pending before the City Council; (5) to provide staff assistance to committees of the City Council; and (6) to provide such other assistance to the City Council and its committees as may be necessary to carry out the purposes of the City Council. *History: Ord. 86-625* *History: Ord. 05-008* #### § 2-2 Oversight Committee. Balt., Md., Code art. 1, § 2-2 (2026) (a) (1) The City Council shall establish an Oversight Committee, with the President serving as Chair. (2) The Committee shall comprise the Chairpersons of the Council’s standing committees and 2 additional members appointed by the President. (b) (1) The Oversight Committee shall recommend such policies and procedures as are necessary for the effective operation of the Office of Council Services. (2) Said policies and procedures shall be approved by the City Council and may be amended or revised from time to time, as the Council deems necessary and/or appropriate. *History: Ord. 86-625* *History: Ord. 05-008* #### § 2-3 Director – appointment; term; removal. Balt., Md., Code art. 1, § 2-3 (2026) (a) The Committee shall appoint the Director of the Office of Council Services. (b) (1) The Director shall serve at the pleasure of the City Council, as expressed by the Oversight Committee. (2) Within 10 days of being notified that the Oversight Committee has acted by majority vote of its members to discharge the Director, the President shall convene a meeting of the Committee of the Whole to review the action of the Oversight Committee. In such an instance, discharge shall not occur without a majority vote of the members of the Committee of the Whole to sustain the action of the Oversight Committee. (3) When a vacancy occurs in the position of Director, the Oversight Committee shall designate a person to serve on an interim basis until a permanent director is appointed. *History: Ord. 86-625* *History: Ord. 04-822* *History: Ord. 05-008* *History: Ord. 06-247* #### § 2-4 Director — qualifications; duties. Balt., Md., Code art. 1, § 2-4 (2026) (a) (1) The Director of the Office of Council Services: (i) shall be a person who has prior experience in administration, supervision, taxation, and public finance and the legislative process; and (ii) shall have such qualifications, duties, and responsibilities as may be prescribed from time to time by the Oversight Committee as provided in § 2-2 of this subtitle. (2) The Director shall be a resident of Baltimore City and shall devote full time to the performance of the duties and assignments of the Office of Council Services. (b) The Director shall report to the Oversight Committee concerning the operations of the Office of Council Services in a manner specified in the policies and procedures adopted by the Council pursuant to § 2-2 of this subtitle. (c) (1) The Director shall be responsible for the supervision of all employees in the Office of Council Services. (2) The Director, in consultation with the Oversight Committee, shall assign staff members to work with the various Council committees. *History: Ord. 86-625* *History: Ord. 05-008* #### § 2-5 Staff; supplies; agency assistance. Balt., Md., Code art. 1, § 2-5 (2026) (a) The Director of the Office of Council Services is empowered to hire such employees as deemed necessary to perform the duties and exercise the powers conferred by this subtitle and as provided in the Ordinance of Estimates. (b) The Office of Council Services shall be supplied with the necessary books, maps, charts, equipment, stationery, and other incidentals necessary to be paid from funds supplied in the Ordinance of Estimates. (c) All departments, bureaus, agencies, boards, and commissions of the municipal government shall, upon request, provide responsible assistance and information to the Office of Council Services. *History: Ord. 86-625* *History: Ord. 05-008* ### Subtitle 3 – Claims Before Council #### § 3-1 Limitations. Balt., Md., Code art. 1, § 3-1 (2026) No claim shall be considered by the Council after the period of limitation has elapsed by which under the law of the State of Maryland such claim would be barred. *History: Ord. 1871-088* #### § 3-2 Diary fund. Balt., Md., Code art. 1, § 3-2 (2026) With the exception of the matter of the compensation to the members of the City Council for their services as now provided by Article III, § 1 of the City Charter, the City Council shall have the control of all matters of expenditure which relate to the business operations or diary of the City Council, embracing: (1) the salaries of its officers; (2) printing for the body; (3) necessary expenses of its standing and special committees; (4) stationery; (5) appointments of the council chambers and committee rooms; (6) funeral expenses; and (7) such other expenses as may be proper for and necessary to the discharge of its functions. *History: Ord. 1881-056* #### § 3-3 Resolution required. Balt., Md., Code art. 1, § 3-3 (2026) None of the items of expense embraced in § 3-2 of this subtitle shall be paid unless authorized by resolution or resolutions of the City Council. *History: Ord. 1881-056* #### § 3-4 Presentation of expense bills. Balt., Md., Code art. 1, § 3-4 (2026) All bills of expenses: (1) shall be presented to the City Council, whether incurred by special or standing committees of the Council or officers of the body, in virtue of § 3-3; and (2) when so presented, shall be referred to the Standing Committee on Claims {sic}, which committee shall report thereon to the City Council; and (3) if the claim shall be approved by the latter, certified copies of the resolution of approval shall be sent to the City Comptroller, which certificate will be the authority to that officer for the issuing of his warrant on the Director of Finance for the payment of the amount of the claim so certified. *History: Ord. 1881-056* ### Subtitle 4 – Reserved #### § 4-1 Definitions. Balt., Md., Code art. 1, § 4-1 (2026) (a) (1) In this subtitle, the following words have the meanings indicated. (2) Any term used but not defined in this subtitle shall have the meaning as stated in the Americans with Disabilities Act of 1990, as amended, and the federal regulations promulgated pursuant thereto, as amended. (b) “ADA” means the Americans with Disabilities Act of 1990, as amended, and the federal regulations promulgated pursuant thereto, as amended. (c) “ADA Coordinator” means a designated City employee from each agency who shall report directly to the head of the agency and is responsible for coordinating compliance with all relevant local, State, and federal laws addressing accessibility. (d) “Agency” has the meaning stated in Article 1, § 2(j) of the City Charter. (e) (1) “Auxiliary aids and services” has the meaning stated in 28 C.F.R. § 35.104. (2) “Auxiliary aids and services” includes: (i) qualified interpreters, either on-site or through video remote interpreting services; (ii) assistive listening devices and systems; (iii) audio recordings; (iv) Brailed materials and displays; and (v) other similar technology and services. (f) “Companion” means a family member, friend, or associate of an individual with a disability who is an appropriate person with whom an agency should communicate to assist the individual with a disability. (g) “Disability” has the meaning stated in 42 U.S.C. § 12102, and shall be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA, the Rehabilitation Act, and State and City laws. (h) “Discriminate” has the meaning stated in 28 C.F.R. § 35.130 {“General prohibitions against discrimination”}. (i) “Mayor’s Office of Immigrant Affairs” or “MIMA” means the Mayor’s Office of Immigrant Affairs as established in § 54-2 {“Office established”} of this Article 1, or its successor. (j) “Office of Equity and Civil Rights” or “OECR” means the Baltimore City Office of Equity and Civil Rights, or its successor. (k) “Qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to the City of Baltimore’s rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City of Baltimore. (l) “Qualified sign language interpreter” means a sign language interpreter who meets the requirements of Title 9, Subtitle 24, Part III of the State Government Article of the Annotated Code of Maryland. (m) “Reasonable accommodation” means an adjustment to a job, work environment, application process, or another employment-related activity that enables a qualified individual with a disability to apply for a job, perform an essential job function, and enjoy equal employment opportunities. (n) “Reasonable modification” means a change in a policy, practice or procedure that is required to offer an individual with a disability equal participation in, or equal access to, the benefits of a City service, program, or activity. (o) “Rehabilitation Act” means the federal Rehabilitation Act of 1973, as amended, and the federal regulations promulgated pursuant thereto, as amended. (p) “Service animal” means an animal that is individually trained to do work or perform tasks for an individual with a disability. (q) ”Undue burden” means that, after consideration of all resources available for use in the funding and operation of a program, service, or activity, the provision of a requested reasonable modification, auxiliary aid or service, or other accommodation or modification would result in a fundamental alteration in the nature of the service, program, or activity, or would cause an unreasonable financial and administrative hardship. (r) ”Web Content Accessibility Guidelines” means the technical standard developed by the World Wide Web Consortium that sets measurable requirements for making digital information and functions usable by individuals with disabilities based upon the needs of the individual, as required in 28 C.F.R. § 35.200 {“Requirements for Web and Mobile Accessibility”}. *History: * *History: * *History: * #### § 4-2 Nondiscrimination on the basis of disability. Balt., Md., Code art. 1, § 4-2 (2026) An agency may not violate 28 C.F.R. Part 35 {“Nondiscrimination on the Basis of Disability in State and Local Government Services”} by, on the basis of an individual’s disability: (1) excluding the individual from participation in the services, programs, or activities of the agency; (2) denying the individual the benefits of the services, programs, or activities of the agency based on the needs of the individual; (3) discriminating against the individual; or (4) failing or declining to make a reasonable accommodation or a reasonable modification to existing policies, practices, and procedures. *History: * *History: * *History: * *History: * #### § 4-3 Employment. Balt., Md., Code art. 1, § 4-3 (2026) (a) An agency may not discriminate, on the basis of an individual’s disability, in hiring or through employment practices. (b) An agency shall take into consideration or give preference to an individual’s status as a person with a disability in its hiring and employment practices, consistent with the requirements and obligations to protected classes under federal or State law, in accordance with any applicable rules promulgated by the Board of Estimates and the Civil Service Commission, and without violating any law or terms of any contract to which the City is a party, including a collective bargaining agreement. (c) An agency shall attach information regarding the City’s disability hiring preference to each job posting. *History: * *History: * *History: * *History: * #### § 4-4 Reasonable modifications. Balt., Md., Code art. 1, § 4-4 (2026) (a) An agency shall make reasonable modifications to existing policies, practices, and procedures to ensure that an individual with a disability has an equal opportunity to participate and benefit from its programs, services, and activities. (b) (1) An agency is not required to take an action to provide a reasonable accommodation or modification if that action would: (i) fundamentally alter the nature of the program, service, or activity in question; or (ii) impose an undue burden on the agency. (2) (i) If an agency denies an accommodation or modification under this subsection, the agency has the burden of proving that compliance would result in a fundamental alteration or an undue burden. (ii) A determination that a request would result in such alteration or burden may be made by the Director of the agency or the Director’s designee, only after the Director or designee has considered all available agency resources. (iii) An agency’s denial of a requested accommodation or modification under this subsection shall be accompanied by a written statement of the reasons for the determination. (iv) If making an accommodation or modification would result in a fundamental alteration or an undue burden, the agency shall take any other action that would not result in such an alteration or a burden but would nevertheless ensure, to the maximum extent possible, that an individual with a disability equitably receives the benefit or service provided by the agency. (c) An agency may not assess a fee on an individual with a disability or any group of individuals with disabilities to pay the cost of providing: (1) an auxiliary aid; (2) an auxiliary service; or (3) a reasonable accommodation or modification. *History: * *History: * *History: * *History: * #### § 4-5 Effective communication policy. Balt., Md., Code art. 1, § 4-5 (2026) (a) An agency shall, upon request, provide auxiliary aids and services to a qualified individual with a disability so the individual may participate equally in a program, service, or activity. (b) To comply with subsection (a) of this section, an agency shall provide, based on the needs of an individual, an appropriate aid or service to make information and communications accessible to an individual who has a speech, hearing, or vision impairment, including: (1) a qualified sign language interpreter; and (2) documents in braille. (c) If an agency provides a sign language interpreter, the interpreter shall meet the requirements of Title 9, Subtitle 24, Part III of the State Government Article of the Annotated Code of Maryland. (d) (1) Each regular meeting of the City Council shall include: (i) a qualified sign language interpreter; and (ii) if the meeting is being broadcast, open captions that display spoken words, sound effects, and other meaningful audio information as visible text that appears directly on a screen or display and cannot be turned off. (2) (i) The City Council shall provide an accessible method on its website by which an individual may request American Sign Language interpretation for a special meeting, committee hearing, or other hearing of the City Council. (ii) The City Council shall make reasonable efforts to provide American Sign Language interpretation for any meeting identified in subparagraph (i) of this paragraph (2) when a request is received within 10 business days in advance of a meeting. (iii) The City Council shall make reasonable efforts to accommodate a request received after the stated deadline. (iv) The City Council shall provide public notice of: (A) the deadline by which an individual shall submit a request for interpretation at a meeting identified in subparagraph (ii) of this paragraph (2); and (B) the availability of American Sign Language interpretation and the process for requesting such service. (v) The City Council shall implement this paragraph (2) in a manner consistent with the Americans with Disabilities Act. *History: * *History: * *History: * *History: * #### § 4-6 Digital accessibility policy. Balt., Md., Code art. 1, § 4-6 (2026) (a) Every publicly available digital system, including any website, web-based or mobile application, social media platform, streaming service, or other third-party digital platform that provides information or services through the internet, shall meet the accessibility requirements set out in the Web Content Accessibility Guidelines Version 2.1, Level AA, or any later version or equivalent standard adopted by the State or the federal government. (b) Subsection (a) of this section applies to all such systems developed, purchased, or maintained by the City, as well as those developed, purchased, or maintained for City use under contract or other agreement with a third party including any digital system or platform used by the City for official communications, whether or not the platform is owned or controlled by the City. (c) All prerecorded and live video or audio content made publicly available by the City shall include accurate, synchronized, and complete captions, including speaker identification and relevant non-speech audio information. (d) For content that communicates critical information, public safety information, legal rights, or essential services, the City shall provide American Sign Language interpretation or American Sign Language-based video content in addition to captions. (e) All digital emergency alerts, press conferences, and public safety announcements shall be accessible through real-time captions and visible American Sign Language interpretation, provided contemporaneously with the communication. (f) Subject to the approval of the Board of Estimates, all contracts for digital systems or content shall require vendors to demonstrate compliance with this section prior to deployment and throughout the term of the contract. *History: * *History: * *History: * #### § 4-7 Service animal policy. Balt., Md., Code art. 1, § 4-7 (2026) A service animal is permitted in a City owned, operated, or managed space where the public is allowed, if the service animal is accompanying an individual with a disability. *History: * *History: * *History: * *History: * #### § 4-8 Grievance procedures. Balt., Md., Code art. 1, § 4-8 (2026) The Office of Equity and Civil Rights, in partnership with City agencies, shall promulgate rules and regulations establishing procedures: (1) for an individual to file a complaint for perceived discrimination on the basis of disability; (2) for receipt of and response to a complaint by the ADA Coordinator of any agency alleged to be involved in the discrimination; (3) for the timely response to a complaint by the ADA Coordinator of any agency alleged to be involved in the discrimination; (4) for providing a written and accessible determination on the complaint to the complainant; (5) for ensuring outcomes and corrective actions taken are communicated to the complainant, without violating any applicable law; (6) establishing a reasonable timeline for the procedures under this section to take place; and (7) for the submission of all grievances for a central tracking and reporting system. *History: * *History: * *History: * *History: * #### § 4-9 Agency responsibilities. Balt., Md., Code art. 1, § 4-9 (2026) (a) (1) Each agency shall designate, and accordingly compensate, at least 1 employee to be the “ADA Coordinator” for the agency. (2) An ADA Coordinator shall: (i) perform an agency self-evaluation pursuant to Title II of the ADA; (ii) develop an accessibility plan for the agency as required under subsection (b) of this section; (iii) on a regular basis, assess the agency’s accessibility plan for effectiveness and make changes, as needed; (iv) receive and respond to requests for a reasonable accommodation or modification; (v) coordinate the preparation and submission of an agency annual report and quarterly report as required under subsection (c) of this section; and (vi) consult with and support the agency’s Equity Coordinator on the development of the agency’s equity action plan and any matters relating to accessibility for individuals with disabilities. (3) The Office of Equity and Civil Rights shall develop and deliver an annual training for ADA Coordinators, with a focus on creating an accessibility plan and integrating the plan with the agency’s daily operations. (b) (1) The Director of an agency, in consultation with OECR and the agency’s ADA Coordinator, shall develop and implement an accessibility plan. (2) An accessibility plan shall include: (i) the mode: (A) of evaluating the needs of a qualified individual with a disability attempting to access an agency service; (B) of providing an accommodation or modification to a qualified individual with a disability; (C) of coordinating with MIMA when serving an individual with both language access and disability-related needs; and (D) of providing public notice of the agency’s obligation to serve a qualified individual with a disability. (ii) the means by which the agency will monitor its compliance with: (A) the accessibility plan; (B) the provisions of this subtitle; and (C) any other applicable laws, rules, and regulations regarding an individual with a disability and access to public services; and (iii) the name and contact information of each employee that will serve as an ADA Coordinator for the agency. (3) An agency shall: (i) publicly publish the agency’s accessibility plan; and (ii) submit the agency’s accessibility plan to OECR. (4) The Director of an agency shall review, update, and implement the agency’s accessibility plan by January 1 of each even numbered year. (c) (1) On January 1 of each odd-numbered year an agency shall file a report with OECR and the Department of Legislative Reference that assesses the agency’s preparation and implementation of its accessibility plan. (2) Each quarter, an agency shall file a report with OECR and the Department of Legislative Reference that contains data related to the provision of reasonable accommodations and modifications, including: (i) the number of individuals that requested a reasonable accommodation or modification; (ii) each type of accommodation or modification requested and if the agency provided the accommodation or modification, and if not, why; (iii) the length of time from request to determination, and from determination to provision of accommodation or modification; and (iv) the number of grievances filed with the agency. *History: * *History: * *History: * *History: * #### § 4-10 Administrative support for agencies. Balt., Md., Code art. 1, § 4-10 (2026) Subject to the appropriation of funds in the annual Ordinance of Estimates and supplementary appropriations, OECR shall: (1) provide oversight, coordination, and technical assistance to an agency as the agency prepares and implements its accessibility plan; and (2) as appropriate, consult with MIMA when a qualified individual with a disability also requires language access services based on their status as a Limited English Proficient individual. *History: * *History: * *History: * *History: * #### § 4-11 Rules and regulations. Balt., Md., Code art. 1, § 4-11 (2026) Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the Director of OECR shall adopt rules and regulations to carry out this subtitle. *History: * *History: * *History: * *History: * ### Subtitle 5 – Claims and Litigation #### § 5-1 Definitions. Balt., Md., Code art. 1, § 5-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government. (2) “Agency” also includes: (i) Baltimore City Parking Authority; (ii) Baltimore Development Corporation; (iii) Baltimore City Police Department; (iv) Enoch Pratt Free Library of Baltimore City; (v) Housing Authority of Baltimore City; (vi) Local Development Council, South Baltimore Video Lottery Terminal; (vii) Pimlico Community Development Authority; (viii) South Baltimore Gateway Community Impact District Management Authority; and (ix) any individual not embraced in a unit of City government who exercises authority comparable to that of the head of a unit of City government. (c) (d) (1) “Employee” means any employee of the City who is not an official. (2) “Employee” also means an employee of any agency or board included within the scope of subsection (b) {“Agency”} of this section. (e) (1) “Official” means: (i) an elected official; (ii) the head of any department; (iii) the head of any bureau or division within a department; or (iv) any other individual in a unit of City government who, whether acting alone or as a member of a board acting jointly with other board members: (A) has authority comparable to that of the head of a department or the head of a bureau or division; (B) has decision-making authority in making City policy; (C) has decision-making authority in the exercise of quasi-judicial, regulatory, licensing, inspecting, or auditing functions; or (D) acts as a principal advisor to one who has authority of the type listed. (2) “Official” also includes the Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, Executive Director, Executive Secretary, or Administrator of any agency or board included within the scope of subsection (b) {“Agency”} of this section. (f) (1) “Police misconduct” means any improper action taken by a Baltimore City police officer in relation with the police officer’s official duties. (2) “Police misconduct” includes any misconduct involving the use of force, assault and battery, malicious prosecution, or false arrest or imprisonment. (g) “Unlawful discrimination” means any discriminatory act prohibited by local, state, or federal law. *History: Ord. 19-320* *History: Ord. 22-125* #### § 5-2 Website reports – Civil actions involving alleged police misconduct. Balt., Md., Code art. 1, § 5-2 (2026) (a) The Baltimore City Department of Law shall post on its website semi-annual reports regarding all civil actions filed in state or federal court against any agency, official, or employee involving allegations of police misconduct. (b) The report posted on the Department of Law’s website shall include: (1) the court in which the action was filed; (2) the name of the attorney representing the plaintiff, if any; (3) the date the action was filed; (4) the nature of the plaintiff’s claims; and (5) if the matter has been resolved: (i) the manner and date of the resolution; and (ii) whether the resolution included a payment to the plaintiff by the Mayor and City Council of Baltimore and, if so, the amount of that payment. (c) The semi-annual reports required under this section must be posted as follows: (i) on or before July 31, covering the preceding five-year period through June 30 prior to the report date; and (ii) on or before January 31, covering the preceding five-year period through December 31 prior to the report date. *History: Ord. 19-320* #### § 5-3 Website reports – Civil actions involving unlawful discrimination. Balt., Md., Code art. 1, § 5-3 (2026) (a) The Baltimore City Department of Law shall post on its website semi-annual reports regarding all civil actions filed in state or federal court against any agency, official, or employee involving allegations of unlawful discrimination. (b) The report posted on the Baltimore City Department of Law’s website shall include: (1) the court in which the action was filed; (2) the name of the attorney representing the plaintiff, if any; (3) the date the action was filed; (4) the nature of the plaintiff’s claims; and (5) if the matter has been resolved: (i) the manner and date of the resolution; and (ii) whether the resolution included a payment to the plaintiff by the Mayor and City Council of Baltimore and, if so, the amount of that payment. (c) The semi-annual reports required under this section must be posted as follows: (i) on or before July 31, covering the preceding five-year period through June 30 prior to the report date; and (ii) on or before January 31, covering the preceding five-year period through December 31 prior to the report date. *History: Ord. 19-320* #### § 5-4 Reports to City Council on significant litigation. Balt., Md., Code art. 1, § 5-4 (2026) (a) In this section, “significant litigation” means: (1) any suit, action, or legal proceeding in a state or federal court; (2) in which an attorney in the Baltimore City Department of Law is counsel of record, or the Baltimore City Department of Law has hired or is supervising outside counsel; and (3) for which the monetary demand exceeds $100,000 or for which an agency, official, or employee is demanded to take, continue, or discontinue a certain action or practice. (b) Within 30 days after each calendar quarter, the Baltimore City Department of Law shall provide to the City Council a report on all significant litigation. (c) For each case, the report shall include: (i) the name of the case; (ii) a summary of the facts giving rise to the case; (iii) as applicable, the amount or course of action demanded; (iv) the case’s current status; and (v) if the case has been resolved: (A) the manner and date of the resolution; and (B) whether the resolution included a payment to the plaintiff by the City and, if so, the amount of that payment. *History: Ord. 19-320* #### § 5-5 Certain non-disparagement clauses prohibited. Balt., Md., Code art. 1, § 5-5 (2026) (a) In any claim alleging police misconduct or unlawful discrimination against the Mayor and City Council of Baltimore City or any agency, official, or employee, the Baltimore City Department of Law may not approve for form or legal sufficiency any settlement agreement that contains a provision requiring a claimant to waive the claimant’s right to make any statement concerning: (1) the Mayor and City Council of Baltimore City; (2) any agency; (3) any official or employee; (4) the facts or circumstances of the claim; or (5) the terms or conditions of the settlement agreement. (b) In any claim alleging police misconduct or unlawful discrimination against the Mayor and City Council of Baltimore City or any agency, official, or employee, the Board of Estimates may not approve for execution any settlement agreement that contains a provision requiring a claimant to waive the claimant’s right to make any statement concerning: (1) the Mayor and City Council of Baltimore City; (2) any agency; (3) any official or employee; (4) the facts or circumstances of the claim; or (5) the terms or conditions of the settlement agreement. (c) The Baltimore City Department of Law may not enforce or threaten to enforce any provision in a previously executed settlement agreement that would be prohibited under this section. *History: Ord. 19-320* ### Subtitle 6 – Meetings of Boards And Commissions #### § 6-1 Meetings to be public. Balt., Md., Code art. 1, § 6-1 (2026) (a) All meetings, regular and special, of the boards or commissions in control of any department, bureau, or other agency in the executive and administrative branch of the government of the City of Baltimore shall be public meetings and open to the public at all times. (b) Nothing contained herein shall be construed to prevent any such board or commission from holding an executive session from which the public is excluded, but no resolution, rule, or regulation shall be finally adopted at such an executive session. *History: Ord. 57-939* #### § 6-2 Failure of member to attend meetings. Balt., Md., Code art. 1, § 6-2 (2026) (a) Any member of a City board or commission who is appointed by the Mayor and who, during any period of 12 consecutive months, fails to attend 50% or more of the meetings of the board or commission is considered to have resigned. (b) The chairman of the board or commission shall forward the member’s name to the Mayor as soon as practicable following a 12-month period of deficient attendance, together with a statement of the frequency and extent of the non-attendance. (c) (1) Except as otherwise provided in paragraph (2) of this subsection, the Mayor shall appoint a successor for the remainder of the term. (2) If the reasons for a member’s failure to attend meetings are satisfactory to the Mayor and are made public, the Mayor may waive the resignation. *History: Ord. 71-1006* *History: Ord. 13-175* #### § 6-3 Yearly meetings required. Balt., Md., Code art. 1, § 6-3 (2026) (a) Each board or commission established by the Baltimore City Charter or the Baltimore City Code whose membership is appointed shall hold a minimum of 1 regular meeting each year. (b) These meetings shall be open to the public. (c) The provisions of this section shall not apply to the Board of Estimates. *History: Ord. 72-181* #### § 6-3.1 No meeting on primary- or general-election day. Balt., Md., Code art. 1, § 6-3.1 (2026) No board, commission, council, authority, committee, or other multi-member unit of City government may hold a public meeting, regular or special, on a day during which a primary or general election is being held in the City. *History: Ord. 08-008* #### § 6-4 Notice of meetings. Balt., Md., Code art. 1, § 6-4 (2026) (a) (1) It shall be the duty of each board or commission established by the Baltimore City Charter or the Baltimore City Code to furnish written notice to the Department of Legislative Reference, for posting on a space designated by the Department of Legislative Reference, no less than 7 days before any meeting held by that board or commission. (2) The posted notice shall include the time, date, and place of meeting. (b) (1) The 7-day requirement may be waived in case of emergency meetings, but notice of occurrence of such meeting shall be posted as soon as possible, before or after such meeting. (2) Notice of the cancellation of a meeting should be given at least 48 hours prior to the scheduled time of the meeting. (c) It shall be the duty of the Department of Legislative Reference to: (1) provide space within the Department or the City Hall, clearly available to any onlooker, for the posting of meeting notices; and (2) furnish at least 1 copy of each notice to the press. (d) If any department, board, or commission fails to furnish written notice of meetings as provided in this section, such meeting will be deemed to have no legal standing. *History: Ord. 72-181* #### § 6-5 Minutes. Balt., Md., Code art. 1, § 6-5 (2026) (a) Minutes shall be taken at all meetings, including regular, special, and emergency meetings, of all appointed boards and commissions established by the Baltimore City Charter and the Baltimore City Code. (b) A copy of the minutes shall be filed with the Department of Legislative Reference no later than the 7th day after the next regularly scheduled meeting or within 60 days, whichever comes first. *History: Ord. 72-181* #### § 6-6 Balt., Md., Code art. 1, § 6-6 (2026) Reserved ### Subtitle 7 – City Officers and Employees #### § 7-1 Extra compensation; in-term raises. Balt., Md., Code art. 1, § 7-1 (2026) (a) (1) No extra compensation shall be granted or allowed by the Mayor and City Council to any officer, agent, or servant of the corporation, or of any other corporation the expenses of which are borne in whole or in part by the City, after the services have been rendered. (2) Nor shall the salary or compensation of any of said officers, agents, or servants be increased or diminished during the term for which they may be or may have been elected, appointed, or employed. (b) Provided, that should an increase of duties be required by any subsequent ordinance or resolution of the Mayor and City Council, an extra compensation in proportion for the increase of labor, to the original compensation, may be allowed, in the discretion of the said Mayor and City Council. *History: Ord. 1863-058* #### § 7-2 Registration with Selective Service System. Balt., Md., Code art. 1, § 7-2 (2026) (a) If an applicant for employment with the City is also required by federal law to register with the Federal Selective Service, the applicant must submit, before appointment, evidence of registration or of prior or current service in the Armed Forces of the United States. (b) A male born after December 31, 1959, may not be employed by the City until any documentation required by subsection (a) of this section has been submitted. *History: Ord. 98-328* #### § 7-3 Militia service. Balt., Md., Code art. 1, § 7-3 (2026) All employees of the Mayor and City Council of Baltimore who shall be members of the organized militia of the State of Maryland created by the Constitution or laws of this State shall be entitled to leave of absence from their respective duties, without loss or deduction from pay, regular vacation, time, or efficiency rating for all days during which they shall attend field or coast defense training camps as required by law or military regulation passed pursuant to law; and whenever any such employees shall be engaged in active military duty within the State of Maryland they shall likewise be entitled to the privileges herein conferred. *History: Ord. 27-956* #### § 7-4 Office hours. Balt., Md., Code art. 1, § 7-4 (2026) (a) All municipal offices shall remain open from 8:30 a.m. to 4:30 p.m. on Mondays through Fridays for the entire year, with a 40-minutes luncheon period. (b) Provided, however, that any department head may, with the approval of the Mayor, establish hours other than those above specified for such employees as may be needed to meet emergencies or to promote the public service, and the Board of Estimates shall have the power, in its discretion, to modify or change the hours during which municipal offices shall be open whenever such change or changes shall seem desirable. *History: Ord. 46-543* #### § 7-5 Uniform allowance. Balt., Md., Code art. 1, § 7-5 (2026) Every employee of the Police Department, including crossing guards, every employee of the Fire Department, and every public health nurse of the City of Baltimore whose duties require him or her to have and use, at any time, a uniform or other distinctive garb, shall either be provided with that uniform or other distinctive garb, free of cost, or shall be provided with an annual allowance in lieu thereof. *History: Ord. 55-1416* *History: Ord. 99-526* #### § 7-6 Presentation of City Flag. Balt., Md., Code art. 1, § 7-6 (2026) (a) The Mayor and City Council of Baltimore shall present a Baltimore municipal flag to the family of any City employee killed in the line of duty. (b) The flag may be presented to the family of the deceased by the Councilmembers of the Councilmanic district in which the deceased resided. *History: Ord. 82-635* #### § 7-7 Residence address. Balt., Md., Code art. 1, § 7-7 (2026) (a) On appointment, each officer or employee of the City must submit to the Department of Finance, Payroll Division, the full street address of his or her legal residence. (b) Within 10 days after an officer or employee of the City changes her or his legal residence, the officer or employee must submit to the Department of Finance, Payroll Division, the full street address of the new residence. (c) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance must adopt rules and regulations to carry out this section. *History: Ord. 01-244* *History: Text Conformed 02/09/21* #### § 7-8 Hiring preference for persons with disabilities. Balt., Md., Code art. 1, § 7-8 (2026) (a) (1) Persons with disabilities are a largely untapped resource for outstanding candidates for City employment. (2) Persons with disabilities suffer from a high unemployment and underemployment rate in the City due in part to unfounded myths, fears, and stereotypes that are associated with many disabilities. (3) A hiring preference for persons with disabilities is necessary to remedy past discrimination resulting from these unfounded myths, fears, and stereotypes. (b) In this section, “disability” has the meaning stated in the Americans with Disabilities Act, 42 USCS § 12101 et seq. (c) The Civil Service Commission must adopt regulations that set standards for establishing and maintaining a preference for the initial appointment of qualified persons with a disability into civil service positions. (d) The standards adopted under this section: (1) must define a person with a disability eligible for the preference as: (i) a person with medical proof of a developmental disability, a severe physical disability, or a psychiatric disability; or (ii) a veteran rated by the Department of Veterans Affairs with a compensable service-connected disability; (2) must require medical certification of a qualifying disability; and (3) must establish the following order of preference: (i) a veteran with a disability; and (ii) an equal preference for a veteran without a disability and a non- veteran with a disability. (e) The standards adopted under this section may apply the preference to an applicant only after the applicant has been ranked among the highest in merit-based examinations. *History: Ord. 11-424* #### § 7-9 Balt., Md., Code art. 1, § 7-9 (2026) Reserved #### § 7-10 Residency requirements – City officials generally. Balt., Md., Code art. 1, § 7-10 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Agency” means any department, any bureau or division within a department, and any board, commission, authority, council, committee, office, or other unit of City government. (3) “Official” means: (i) the head of an agency who reports directly to the Mayor; and (ii) any at-will supervisory employee who reports directly to the Mayor or to the head of an agency. (b) Every official: (1) must be a resident and registered voter of Baltimore City at the time of his or her appointment, except only as otherwise authorized by subsection (c) of this section; and (2) must remain a resident and registered voter of Baltimore City throughout his or her entire term of office. (c) (1) Subsection (b)(1) of this section does not apply to an official who, before her or his appointment, signs a declaration of intent to become a City resident and registered voter within 6 months of the effective date of her or his appointment. (2) If the official fails to abide by this declaration of intent within the 6-month period, the official’s appointment is automatically terminated at the end of that period. *History: Ord. 18-111* *History: Ord. 20-415* #### § 7-11 Residency requirements – Police Department command staff. Balt., Md., Code art. 1, § 7-11 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Command staff member” means: (i) a member of the Baltimore Police Department with the rank of colonel; or (ii) a member of the Baltimore Police Department with the rank of deputy commissioner. (b) (1) Nothing in this section applies to a command staff member who: (i) on January 1, 2022, held the rank of colonel; and (ii) was subsequently promoted to the rank of deputy commissioner. (2) Except as provided in subsection (c) of this section, each command staff member must: (i) be a resident and registered voter of Baltimore City at the time of the command staff member’s appointment; and (ii) remain a resident and registered voter of Baltimore City throughout the command staff member’s entire term of office. (3) An individual has 120 days after the date of hire for or promotion to a command staff member position to begin to reside in Baltimore City. (c) If a command staff member is married to an individual who is employed by a governmental entity that has similar residency requirements as those in subsection (b) of this section, the Police Commissioner or the Police Commissioner’s designee may grant that command staff member a waiver from the requirements in subsection (b) of this section. (d) If a command staff member fails to comply with this section the command staff member is automatically terminated. (e) No later than June 30 of each year, the Police Commissioner or the Police Commissioner’s designee shall submit a report to the Mayor and City Council detailing the residency and voter registration status of all command staff members. *History: Ord. 20-415* ### Subtitle 8 – Whistleblower Rights and Responsibilities #### § 8-1 Definitions. Balt., Md., Code art. 1, § 8-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Abuse of authority” means the arbitrary or capricious exercise of power by a City official or employee that adversely affects the rights of any person or that results in personal gain or advantage to the City official or employee or to preferred other individuals. (c) “Affiliated entity” refers to the following entities: (1) Baltimore City Parking Authority; (2) Baltimore Development Corporation; and (3) South Baltimore Gateway Community Impact District Management Authority. (d) “Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government or of any affiliated entity. (e) (1) “Covered disclosure” means a disclosure: (i) made by an employee; (ii) concerning actions arising within the Baltimore City government; (iii) initially made to a personnel officer or to the Inspector General; and (iv) that the employee reasonably believes to be evidence of: (A) fraud; (B) gross misuse or waste of public resources; (C) abuse of authority; (D) violation of law; or (E) a substantial and specific threat to health, safety, or security. (2) “Covered disclosure” includes a disclosure made during participation in an investigation by the Office of the Inspector General. (3) “Covered disclosure” does not include a disclosure that is prohibited by law. (f) “Employee” means an employee of a City agency, whether employed full-time, part-time, seasonal, contractual, or otherwise, including any member of a City board or commission, regardless of whether the member is compensated. (g) “Notice of declination” means the notice sent by the Office of the Inspector General that informs the whistleblower their complaint is insufficient for the Office of the Inspector General to investigate. (h) “Notice of investigation” means the notice sent by the Office of the Inspector General that informs the whistleblower the Office of the Inspector General will be initiating a whistleblower investigation based on the complaint. (i) “Personnel action” means an act or omission by a supervisor that has a significant adverse impact on an employee, including dismissal, demotion, suspension, punitive transfer or assignment, disciplinary action, negative performance evaluation, failure to appoint, failure to promote, failure to transfer, or failure to assign. (j) “Personnel officer” means an employee of the agency associated with the complaint who is responsible for administering personnel functions. (k) “Supervisor” means any individual who directly or indirectly oversees the work of an employee who files a complaint pursuant to this subtitle. (l) “Whistleblower” means an employee who makes a covered disclosure. *History: Ord. 19-308* *History: Ord. 21-068* #### § 8-2 Balt., Md., Code art. 1, § 8-2 (2026) Reserved #### § 8-3 Whistleblower protection against retaliatory personnel action. Balt., Md., Code art. 1, § 8-3 (2026) (a) Unless a disclosure is specifically prohibited by law, a supervisor may not take retaliatory personnel action against a whistleblower for making a covered disclosure. (b) This section does not prohibit a supervisor from taking any personnel action against a whistleblower if the supervisor would have taken the personnel action regardless of whether the employee made the covered disclosure. *History: Ord. 19-308* #### § 8-4 Balt., Md., Code art. 1, § 8-4 (2026) Reserved #### § 8-5 Applicability of complaint procedures. Balt., Md., Code art. 1, § 8-5 (2026) (a) This complaint procedures provisions in § 8-6 et seq. of this subtitle do not apply to any non-probationary member of the Civil Service who has been discharged from the Civil Service, reduced in pay or position, or suspended for longer than 30 days. (b) (1) The Civil Service Commission has jurisdiction over personnel actions described in subsection (a) of this section, as provided in City Charter Article VII §§ 94 through 104. (2) On the Civil Service Commission’s request, the Office of the Inspector General may investigate allegations made to the Civil Service Commission regarding retaliatory personnel actions and provide the Office’s findings to the Commission at or before a Commission hearing to the extent permitted by Article X of the Charter of Baltimore City. The Inspector General’s findings shall state whether the Inspector General believes the personnel actions were in violation of § 8-3 of this subtitle. (c) (1) During a Civil Service Commission hearing, the Commission may find that the personnel action described in subsection (a) of this section violates § 8-3 of this subtitle. (2) If the Commission finds that the personnel action described in subsection (a) of this section violates § 8-3 of this subtitle, this finding may be considered by the Commission in disposing of the matter before it. *History: Ord. 19-308* #### § 8-6 Complaint process. Balt., Md., Code art. 1, § 8-6 (2026) (a) (1) A whistleblower who believes he or she has been retaliated against for making a covered disclosure shall file a written complaint with the personnel officer. (2) The complaint must be filed within 30 days from when the whistleblower knew or reasonably should have known about the violation. (b) (1) Within 5 business days after receiving a complaint under this section, the personnel officer who received the complaint must give the whistleblower written notice of the complaint’s receipt. (2) Within 10 business days after receiving a complaint under this section, the personnel officer who received the complaint must notify the agency head or the appropriate appointing authority of the agency to the complaint {sic}. (3) Within 60 business {days} after the supervisor {personnel officer} received the complaint, the personnel officer must conduct an investigation and provide written findings to the whistleblower and to the agency head or the appropriate appointing authority of the agency. (c) A whistleblower may choose to file a covered disclosure directly with the Office of the Inspector General if the whistleblower possesses a reasonable and articulable belief that any personnel officer cannot competently investigate the covered disclosure due to a conflict of interest or other specified reason. (d) (1) A whistleblower must file a complaint within 30 calendar days, by close of business on the 30th day, from when the whistleblower knew or should have reasonably known of the retaliation. (2) If the 30th day falls on a weekend or holiday or if City offices are closed for an emergency, the next business day when City offices are open shall count as the final day to file a complaint by close of business. (e) When making a covered disclosure, the whistleblower: (1) must act in good faith; (2) must make reasonable efforts to verify all information; and (3) may not knowingly report false information or allegations to the Office of the Inspector General. (f) (1) If the whistleblower initially filed a complaint with a personnel officer, the whistleblower may appeal to the Inspector General if: (i) the personnel officer who received the complaint failed to provide the whistleblower with written findings of the personnel officer’s investigation; or (ii) the whistleblower does not agree with the personnel officer’s written findings. (2) An appeal filed with the Inspector General under either paragraph (1)(i) or paragraph (1)(ii) of this subsection must be filed within 30 days from when the personnel officer should have presented or actually presented the whistleblower with the written findings of the personnel officer’s investigation. *History: Ord. 19-308* *History: Ord. 19-332* *History: Ord. 21- 068* #### § 8-7 Investigation by Inspector General. Balt., Md., Code art. 1, § 8-7 (2026) (a) Within 5 business days after receiving a written complaint or appeal under § 8-6(c) or (f) of this subtitle, the Office of the Inspector General must give the whistleblower written notice of the complaint’s or appeal’s receipt. (b) (1) Within 30 calendar days of receiving a complaint, the Office of the Inspector General shall provide the whistleblower with a written notice of investigation or a notice of declination depending on the timing and legal sufficiency of the complaint. (2) If initiating an investigation, the Office of the Inspector General shall send a Memorandum of Protected Activity to the whistleblower’s supervisor. (c) (1) Within 150 days of receipt of the complaint, the Office of the Inspector General will present its written findings, including recommendations for action based on the investigation, to: (i) the City Administrator; (ii) the relevant agency head; and (iii) the whistleblower. (2) Within 14 days of receipt of the Office of the Inspector General’s written findings, the City Administrator must meet with the relevant agency head and the Inspector General to discuss the recommendations included in the written findings. *History: Ord. 19-308* *History: Ord. 21-068* #### § 8-8 Remedies. Balt., Md., Code art. 1, § 8-8 (2026) To remedy any violation of this subtitle, an agency head may: (1) order the removal of detrimental information in the whistleblower’s employment record put there due to retaliation related to the complaint; (2) require the relevant supervisor to: (i) hire, promote, or reinstate the whistleblower; (ii) end the whistleblower’s suspension from employment; or (iii) award the whistleblower back pay to the date of the violation; or (3) provide any other remedy consistent with the agency’s mission. *History: Ord. 21-068* #### § 8-9 Balt., Md., Code art. 1, § 8-9 (2026) Reserved #### § 8-10 Rules and regulations. Balt., Md., Code art. 1, § 8-10 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Inspector General must adopt rules and regulations to carry out this subtitle. *History: Ord. 19-308* *History: Text Conformed 02/09/21* #### § 8-11 Judicial and appellate review. Balt., Md., Code art. 1, § 8-11 (2026) (a) Any person aggrieved by a final action under this subtitle may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) Any party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 19-308* #### § 8-12 Other remedies not affected. Balt., Md., Code art. 1, § 8-12 (2026) Nothing in this subtitle affects: (1) any action for defamation or invasion of privacy; (2) employee protections or employee grievance procedures provided by law or contract; or (3) any other remedy provided by law. *History: Ord. 19-308* #### § 8-13 Training. Balt., Md., Code art. 1, § 8-13 (2026) The Department of Human Resources, with the assistance of the Office of the Inspector General and the Law Department, must conduct trainings regarding this subtitle to inform employees and supervisors of their rights and responsibilities. *History: Ord. 19-308* #### § 8-14 Administrative manual. Balt., Md., Code art. 1, § 8-14 (2026) The Office of the Inspector General must create an administrative manual that outlines procedures and other information relative to the handling of complaints under this subtitle. *History: Ord. 19-308* ### Subtitle 9 – Open Data Program #### § 9-1 Definitions. Balt., Md., Code art. 1, § 9-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Agency” means: (1) any department, authority, office, board, commission, council, committee, or other unit of the City government; and (2) any individual not embraced in a unit of City Government who exercises authority comparable to that of the head of a unit of City government. (c) “City data” or “data” means statistical, factual, quantitative, or qualitative information that is regularly maintained or created by or on behalf of: (1) a City agency; or (2) a third-party contractor that creates or acquires information, records, or other data for and on behalf of a City agency. (d) “Open data” means data made available online: (1) in open format; and (2) with no legal encumbrances on use or reuse. (e) “Open Data Portal” means the “Open Baltimore” Web Portal as maintained under this subtitle. (f) “Open format” means any widely accepted, nonproprietary, platform-independent, machine-readable method for formatting data that: (1) permits automated processing of that data; and (2) facilitates search capabilities. (g) “Dataset” means a named collection of related records that contains data organized or formatted in a specific or prescribed way, often in tabular form. (h) “Protected information” means any dataset or part of a dataset to which an agency is required or authorized to deny access pursuant to the Maryland Public Information Act (Title 4 of the State Code General Provisions Article) or any other applicable law. (i) “Sensitive information” means any data that, if published in open format, could raise privacy, confidentiality, or security concerns, or could have the potential to jeopardize public health, safety, or welfare, to an extent that is exceeds the potential public benefit of publishing that data. (j) “Publishable data” means data that is neither protected information nor sensitive information. *History: Ord. 16-463* #### § 9-2 Rules and regulations. Balt., Md., Code art. 1, § 9-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the City’s Chief Data Officer may adopt rules and regulations to carry out this subtitle. *History: Ord. 16-463* *History: Text Conformed 05/5/21* #### § 9-3 Short Title. Balt., Md., Code art. 1, § 9-3 (2026) This subtitle may be cited as the “Baltimore City Open Data Program”. *History: Ord. 16-463* #### §§ 9-4 to 9-5 Balt., Md., Code art. 1, § 9-4 to 9-5 (2026) Reserved #### § 9-6 Program initiative. Balt., Md., Code art. 1, § 9-6 (2026) The Chief Data Officer shall oversee the development and adoption by the City of a program that allows the City to: (1) proactively release all publishable data, making it freely available in open formats, with no restrictons on use or reuse, and fully accessible to the broadest range of users for varying purposes; (2) publish high quality, updated data, with documentation and permanence to encourage maximal use; (3) continue and maintain the “Open Baltimore” Web Portal as the central location for publishable open data; (4) minimize limitations on the disclosure of public information, while appropriately safeguarding protected and sensitive information; and (5) encourage innovative uses of the City’s publishable data by agencies, the public, and other partners. *History: Ord. 16-463* #### § 9-7 Program implementation and governance. Balt., Md., Code art. 1, § 9-7 (2026) (a) The Chief Data Officer shall work with the City’s agencies and officials to: (1) identify for each agency a lead open data coordinator who will be responsible for managing that agency’s participation in the Open Data Program; (2) establish a comprehensive inventory of datasets held by each agency and to be published on the Open Data Portal and regularly updated; (3) develop and implement a process for determining the relative level of risk and public benefit associated with potentially sensitive, non-protected information, so as to make a determination about whether and how to publish that information; (4) develop and implement a process for prioritizing the publication of datasets on the Open Data Portal, taking into account: (i) new and existing signals of interest from the public (such as the frequency of Public Information Act requests); (ii) the City’s programmatic priorities; (iii) existing opportunities for data use in the public interest; and (iv) cost; (5) establish processes for publishing datasets on the Open Data Portal, including processes for ensuring that datasets are reviewed for use-appropriate formats, quality, timeliness, and exclusion of protected and sensitive information; (6) develop and routinely update a public timeline for new dataset publication; and (7) ensure that published datasets are available for bulk download. (b) In order to increase and improve use of the City’s open data, the Chief Data Officer shall actively encourage agency and public participation by providing regular opportunities for feedback and collaboration. *History: Ord. 16-463* #### § 9-8 Open Data Portal. Balt., Md., Code art. 1, § 9-8 (2026) (a) The City shall maintain the “Open Baltimore” Web Portal as the Open Data Portal where the City’s publishable data will be publicly available. (b) Datasets published on the Open Data Portal shall be available to the public on an open license basis, with no restrictions on copying, publishing, further distributing, modifying, or using the data for any non-commercial or commercial purpose. *History: Ord. 16-463* #### § 9-9 Annual report. Balt., Md., Code art. 1, § 9-9 (2026) (a) On or before June 30 of each year, the Chief Data Officer shall prepare and submit to the Mayor and the City Council an annual Open Data Report. (b) The report shall include: (1) an assessment of progress towards achievement of the goals of the Open Data Program; (2) an assessment of the current scope of agency compliance; (3) a list of datasets currently available on the Open Data Portal; and (4) a description of and publication timeline for datasets envisioned to be published on the Open Data Portal in the enduing year. *History: Ord. 16-463* #### §§ 9-10 to 9-14 Balt., Md., Code art. 1, § 9-10 to 9-14 (2026) Reserved #### § 9-15 Program disclaimers. Balt., Md., Code art. 1, § 9-15 (2026) (a) Data is made available on the Open Data Portal for informational purposes only. (b) (1) The City makes no express or implied warranty as to the completeness, accuracy, content, merchantability, or fitness for any particular use or purpose of any dataset made available on the Open Data Portal. (2) The City is not liable for any deficiency in the completeness, accuracy, content, merchantability, or fitness for any particular use or purpose of any dataset or of any third-party application using a dataset. (c) (1) Neither this subtitle nor any Open Data Program plan or practice create a private right of action to enforce their provisions. (2) Failure to comply with this subtitle or any Open Data Program plan or practice does not result in any liability by the City. (d) The City shall conspicuously publish on the Open Data Portal the disclaimers contained in subsections (a) through (c) of this section. *History: Ord. 16-463* ### Subtitle 10 – Records Management #### § 10-1 Definitions. Balt., Md., Code art. 1, § 10-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government in either the executive or legislative branches, including all elected officials. (c) (d) (1) “Non-permanent record” means a public record with temporary value that may be destroyed after the passage of a specified period of time. (2) “Non-permanent record” includes: (i) extra copies of documents that: (A) have no separate administrative purpose or value; and (B) are preserved only for convenience or reference; (ii) informational copies of correspondence, directives, forms, or other similar documents on which no administrative action is recorded or taken; (iii) library and museum materials made or acquired for reference or exhibition purposes; (iv) personal papers or papers of a private or non-official character that pertain to an individual’s private affairs; (v) duplicate copies of documents maintained in the same file; (vi) extra copies of printed or processed materials for which complete record sets exists, including current and superceded manuals maintained outside the agency responsible for maintaining the manual; (vii) catalogs, trade journals, and other publications received from government agencies, commercial firms, or private institutions that require no further action by the agency; or (viii) physical exhibits, artifacts, and other material objects lacking evidential value. (e) (1) “Record” means any documentary material in any form created or received by an agency in connection with the transaction of public business. (2) “Record” includes: (i) written materials, email, books, photographs, photocopies, publications, forms, microfilms, tapes, computerized records, maps, drawings, and other materials in any format; (ii) data generated, stored, received, or communicated by electronic means for use by, or storage in, an information system or for transmission from one information system to another; and (iii) non-permanent records. (f) “Record inventory” means a survey of all records series maintained by an agency resulting in a detailed, itemized compilation of the records in the possession of that agency. (g) “Retention period” means the period of time that a record must be retained in accordance with an approved Records Retention and Disposition Schedule. (h) “State Archivist” means the individual appointed under Maryland State Government Article, § 9-1005, or that individual’s designee. *History: Ord. 20-407* *History: Ord. 22-125* #### § 10-2 Balt., Md., Code art. 1, § 10-2 (2026) Reserved #### §§ 10-3 to 10-4 Balt., Md., Code art. 1, § 10-3 to 10-4 (2026) Reserved #### § 10-5 City Records Management Officer: In general. Balt., Md., Code art. 1, § 10-5 (2026) There is a City Records Management Officer appointed by the Director of the Department of Legislative Reference. *History: Ord. 20-407* #### § 10-6 City Records Management Officer: Duties. Balt., Md., Code art. 1, § 10-6 (2026) (a) The City Records Management Officer shall direct the development and administration of a continuing records management, archival, and disposal program for the records of all City agencies. (b) The City Records Management Officer must: (1) establish standards, procedures, and techniques for the effective management of City records; (2) prepare, for the approval of the State Archivist, Record Retention and Disposition Schedules providing for: (i) the retention of City and agency records of continuing value for a specific retention period; (ii) the orderly disposal of City and agency records no longer possessing sufficient administrative, legal, fiscal, or historical value to warrant further preservation; and (iii) the identification and preservation of records no longer needed by an agency that are of historical significance; (3) review all proposals for the digitization of records, whether or not the ultimate destruction of the original record is involved; (4) assist agency heads in the preparation of agency record inventories; (5) periodically inspect records and records management practices of agencies; and (6) organize and administer a City records storage center or centers for the City’s inactive and historical records. (c) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the City Records Management Officer must adopt rules and regulations to carry out this subtitle. *History: Ord. 20-407* *History: Text Conformed 02/09/21* #### §§ 10-7 to 10-8 Balt., Md., Code art. 1, § 10-7 to 10-8 (2026) Reserved #### § 10-9 Duties of agencies. Balt., Md., Code art. 1, § 10-9 (2026) Each agency head must: (1) designate an Agency Records Officer to: (i) serve as the agency liaison to the City Records Management officer; and (ii) assist the City Records Management Officer in carrying out the records management program for the agency; (2) on the request of the City Records Management Officer, prepare a record inventory; (3) cooperate with the City Records Management Officer in the preparation of Record Retention and Disposition Schedules for the agency head’s agency; and (4) comply with the rules and regulations adopted by the City Records Management Officer with respect to the retention, disposal, storage, and digitization of agency records. *History: Ord. 20-407* #### § 10-10 Disposal of records. Balt., Md., Code art. 1, § 10-10 (2026) (a) Nothing in this section applies to any record that has been transferred to the custody of the Maryland State Archives. (b) Except as provided in this section or in an approved Record Retention and Disposition Schedule, records created or received by an agency in the course of official City business are the property of the Mayor and City Council of Baltimore and may not be destroyed, sold, transferred, or otherwise disposed of. (c) Each agency must comply with its Record Retention and Disposition Schedule and the disposal process set forth in Title 10, Subtitle 6 of the State Government Article of the Maryland Code to ensure: (1) the orderly retention of records required for the operation of the agency; and (2) the prompt disposal of records having no further value. (d) (1) An agency head must submit a Certificate of Disposal to the City Records Management Officer for any record disposed of in accordance with the agency’s Record Retention and Disposition Schedule. (2) The Certificate of Disposal required by this section must set forth a list of the disposed records and a certification that the records were disposed of in accordance with this subtitle. (3) The City Records Management Officer shall transmit a copy of any Certificate of Disposal received under this subsection to the State Archivist. (e) (1) At least 30 days before any records held at any City records storage center administered under this subtitle are destroyed, a list of the records proposed for destruction must be submitted to the City Solicitor and the City Auditor for review. (2) At any time during the 30-day review period, the City Solicitor or the City Auditor may submit to the City Records Management Officer a written objection to the destruction of a record or set of records on the list. (3) On receipt of a written objection under paragraph (2) of this subsection, the City Records Management Officer must retain the record. *History: Ord. 20-407* #### § 10-11 Digitization. Balt., Md., Code art. 1, § 10-11 (2026) As provided in City Charter Article I, § 7(b), any agency may substitute a digital image or file for any of its records, provided that: (1) the required Record Retention and Disposition Schedule has been approved; and (2) any digital surrogates have been produced in a manner consistent with the rules and regulations adopted under this subtitle. *History: Ord. 20-407* ### Subtitle 11 – Police Accountability Board #### § 11-1 Definitions. Balt., Md., Code art. 1, § 11-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Administratively charged” means that a police officer has been formally accused of police misconduct in an administrative proceeding. (c) “Board” means the Baltimore City Police Accountability Board established by this subtitle. (d) “Committee” means the Administrative Charging Committee established by §11-10 of this subtitle. (e) “Director” means the Director of the Baltimore City Office of Equity and Civil Rights, or its successor office. (f) “Disciplinary matrix” means a written, consistent, progressive, and transparent tool or rubric that provides ranges of disciplinary actions for different types of police misconduct. (g) “Exonerated” means that a police officer acted in accordance with the law and agency policy. (h) “Law enforcement agency” means: (1) the Baltimore City Police Department; (2) the Baltimore City School Police; (3) the Baltimore City Sheriff’s Department; (4) the Baltimore City Environmental Police; (5) the police for of the Baltimore City Community College; (6) the police for of Morgan State University; or (7) the police department of Johns Hopkins University. (i) “Not administratively charged” means that a determination has been made not to administratively charge a police officer in connection with alleged police misconduct. (j) “Police misconduct” means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes: (1) depriving persons of rights protected by the constitution or laws of the City, the State, or the United States; (2) a violation of a criminal statute; and (3) a violation of law enforcement agency standards and policies. (k) “Police officer” has the meaning stated in State Public Safety Article, § 3-101(h) {“Police Officer”}. (l) “Unfounded” means that the allegations against a police officer are not supported by fact. #### § 11-2 Board established. Balt., Md., Code art. 1, § 11-2 (2026) There is a Baltimore City Police Accountability Board. #### § 11-3 Composition and qualifications. Balt., Md., Code art. 1, § 11-3 (2026) (a) (1) The Police Accountability Board is composed of 17 members. (2) (i) (A) 2 members shall be appointed to the Board by the Mayor in accordance with City Charter Article IV, § 6. (B) 1 of the members appointed by the Mayor under this paragraph (2) must be between 18 and 25 years of age. (ii) (A) Each member of the City Council and the City Council President shall propose 1 candidate to the Mayor for his or her consideration for appointment to the Board. (B) The Mayor shall consider the candidates proposed by the City Council for appointment to the Board and may nominate the candidates at his or her discretion in accordance with City Charter Article IV, § 6. (C) If the Mayor rejects a candidate proposed by the City Council the Mayor must provide a written response to the City Council justifying why he or she rejected the candidate. (b) (1) To the extent practicable the membership of the Board shall reflect the racial, gender identity or expression, sexual orientation, socioeconomic, and cultural diversity of the City. (2) Each member of the Board must be a resident of the City of Baltimore. (3) No person may be appointed to the Board, or once appointed, continue to serve on the Board if the person: (i) is or becomes a police officer or an officer or employee of a law enforcement agency; (ii) is or becomes a candidate for elected public office of the State, the City, or any other political subdivision of the State; (iii) is or becomes a person required to file a financial disclosure statement as required under Article 8, §§ 7-7 {“Elected officials and staff”}, 7-8 {“Agency officials and staff”}, or 7-9 {“Procurement, legislative liaison, and enforcement personnel”} of the City Code; and (iv) is a former police officer who did not separate from a law enforcement agency in good standing. (4) No more than 2 former police officers or employees of a law enforcement agency may serve on the Board at any 1 time. #### § 11-4 Officers. Balt., Md., Code art. 1, § 11-4 (2026) (a) (1) The Chair shall be elected from among the Board’s members by a majority vote of the members of the Board. (2) The term of the Chair is 2 years. (3) The Chair may be re-elected. (b) The Board may elect a Vice-Chair and other officers from among its members. #### § 11-5 Term; removal; compensation. Balt., Md., Code art. 1, § 11-5 (2026) (a) (1) Each member of the Board serves a 4-year term. (2) A member of the Board may not serve more than 2 consecutive full terms. (3) A member of the Board appointed to fill a vacancy serves the rest of the then current term. (4) A member of the Board continues in office until their successor is appointed and qualified. (b) The Mayor, with the approval of at least 9 Board members, may remove a member for: (1) neglect of duty; (2) misfeasance, malfeasance, or nonfeasance; (3) a member’s inability or unwillingness to perform the duties of the office; (4) conduct that impairs a member from performing the duties of the office; (5) a conviction of a felony or a crime relevant to a member’s credibility for which the penalty and sentence has not been fully satisfied; or (6) inability to meet the qualifications for a Board member mandated by City or State law or by implementing regulations. (c) The members of the Board: (1) shall only be entitled to such compensation as provided for in the Ordinance of Estimates or supplementary appropriation legislation; and (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates or supplementary appropriation legislation. #### § 11-6 Meetings. Balt., Md., Code art. 1, § 11-6 (2026) (a) The Board must meet at the call of the Chair as frequently as required to perform its duties, but not less than 4 times each year. (b) (1) A majority of the members of the Board constitutes a quorum for the transaction of business. (2) An affirmative vote by the majority of a quorum is needed for any official action. #### § 11-7 Duties. Balt., Md., Code art. 1, § 11-7 (2026) The Board must: (1) hold quarterly meetings with the Chief of each law enforcement agency; (2) appoint civilian members to the administrative charging committee and trial boards; (3) receive complaints of police misconduct filed by a member of the public; (4) review the outcomes of disciplinary matters considered by the administrative charging committee on a quarterly basis; (5) advise the Mayor and the City Council on policing matters; and (6) refer each complaint of police misconduct filed with the Board to the appropriate law enforcement agency within 3 days after receipt for investigation. #### § 11-8 Reports. Balt., Md., Code art. 1, § 11-8 (2026) (a) The Board must publicly publish and submit an annual report to the Mayor and City Council by each December 31 that: (1) identifies any trends in the disciplinary process of police officers in the City; (2) recommends changes to policy that would improve police accountability in the City; and (3) describes the activities of the Board and the number of complaints received. (b) The Board must maintain a public website where reports required under subsection (a) of this section are publicly published. #### § 11-9 Complaints of police misconduct. Balt., Md., Code art. 1, § 11-9 (2026) (a) (1) A complaint of police misconduct may be filed with: (i) the Board or its designee; or (ii) the law enforcement agency that employs the police officer who is the subject of the complaint. (2) If a complaint is filed with the Board, the complaint must be forwarded to the law enforcement agency that employs the police officer who is the subject of the complaint. (3) If a complaint is filed with a law enforcement agency, the complaint must be forwarded to the Board within 2 weeks. (b) The Board shall receive complaints of police misconduct: (1) filed by members of the public; (2) forwarded to them from a law enforcement agency; or (3) forwarded to the Board by the Board’s designee, as authorized under § 11-9(a)(1)(i) of this subtitle. (c) The Board must establish a uniform procedure for allowing members of the public to file complaints of police misconduct. (d) (1) A complaint of police misconduct filed with the Board or a law enforcement agency must include: (i) the name of the police officer accused of police misconduct; (ii) a description of the facts on which the complaint is based; and (iii) contact information of the complainant or a person filing on behalf of the complainant for investigative follow-up. (2) A complaint of police misconduct need not be notarized. #### § 11-10 Administrative charging committee. Balt., Md., Code art. 1, § 11-10 (2026) (a) There is an Administrative Charging Committee for the City. (b) (1) The Committee comprises 5 members, of which: (i) 1 is the Chair of the Police Accountability Board, or another member of the Board designated by the Chair; (ii) 2 are civilian members appointed by the Police Accountability Board; and (iii) 2 are civilian members appointed by the Mayor. (2) (i) To the extent practicable the membership of the Board shall reflect the racial, gender identity or expression, sexual orientation, socioeconomic, and cultural diversity of the City. (ii) Each member of the Committee must be a resident of the City of Baltimore. (3) Before serving as a member of the Committee, a person must receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission. (c) (1) (i) Each member of the Committee serves a 3-year term. (ii) A member of the Committee may not serve more than 2 consecutive full terms. (iii) A member of the Committee appointed to fill a vacancy serves the rest of the unexpired term. (iv) A members of the Committee continues in office until his or her successor is appointed and qualified. (2) The Mayor may remove a member for: (i) neglect of duty; (ii) misfeasance, malfeasance, or nonfeasance; (iii) a member’s inability or unwillingness to perform the duties of the office; (iv) conduct that impairs a member from performing the duties of the office; (v) a conviction of a felony or a crime relevant to a member’s credibility for which the penalty and sentence has not been fully satisfied; or (vi) inability to meet the qualifications for a Committee member mandated by City or Stat law, or implementing regulations. (3) The members of the Committee: (i) serve with compensation, as provided for in the Ordinance of Estimates or supplementary appropriation legislation; and (ii) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates or supplementary appropriation legislation. (d) (1) The Committee shall elect a Chair from among its members at the first meeting occurring on or after July 1. (2) The Chair of the Committee may not serve more than 2 consecutive full terms. (e) (1) The Committee shall meet once per month or as needed. (2) (i) A majority of the members of the Committee constitutes a quorum for the transaction of business. (ii) An affirmative vote by the majority of a quorum is needed for any official action. (f) The Committee must: (i) review the findings of each law enforcement agency’s investigation forwarded by the agency to the Committee; (ii) review any body camera footage that may be relevant to the matters covered in the complaint of police misconduct; (iii) authorize a police officer called before the Committee to be accompanied by a representative; (iv) within 30 days after receipt of the law enforcement agency’s investigatory file, unless the Committee requests further review under subsection (g) of this section, determine if the police officer who is the subject of the charged investigation should be administratively charged or not administratively charged; (v) if the Committee determines that a police officer should be administratively charged, recommend discipline pursuant to the disciplinary matrix; (vi) if the Committee determines that a police officer should not be administratively charged, make a determination that: (A) the allegations against the police officer are unfounded, or (B) the police officer is exonerated; (vii) issue a written opinion for each complaint describing in detail the Committee’s findings, determinations, and recommendations; and (viii) forward the written opinion to the Chief of the appropriate law enforcement agency, the accused police officer, and the complainant. (g) The Committee has the authority to: (i) request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation; (ii) issue subpoenas for documents or witnesses necessary to execute the Committee’s duties; and (iii) record, in writing, any failure of supervision that caused or contributed to the officer’s police misconduct. (h) On completion of an investigation of a complaint of police misconduct involving a member of the public and a police officer, regardless of whether the complaint originated from within the law enforcement agency or from an external source, the law enforcement agency shall forward to the Committee the investigatory files for the matter. (i) Each member of the Committee must maintain confidentiality relating to the matter being considered by the Committee until the final disposition of the matter. #### § 11-11 Rules and regulations. Balt., Md., Code art. 1, § 11-11 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director must adopt rules and regulations to carry out this subtitle. #### § 11-12 Director; staff; budget. Balt., Md., Code art. 1, § 11-12 (2026) (a) The Director of the Baltimore City Office of Equity and Civil Rights, or its successor office, serves as the director of the Baltimore City Police Accountability Board and is responsible for assisting the Board in performing its responsibilities. (b) In consultation with the Board, the Director may assign staff from the Office of Equity and Civil Rights to assist the Police Accountability Board and the Administrative Charging Committee. (c) The Director may expend funds as authorized in the Ordinance of Estimates or in any supplementary appropriations. (d) (1) (i) At the time a former police officer is nominated to the Board under § 11-3(a)(2) {“Nomination and appointment”} of this subtitle the Director shall submit written public records requests for the former police officer’s personnel records. (ii) Written public records request shall be submitted to all known law enforcement agencies, police forces, sheriff’s offices, or security forces or law enforcement organizations, regardless of jurisdiction, that employed the former police officer. (2) Access to personnel records received resulting from requests submitted under paragraph (1) of this subsection shall be limited to those individuals directly involved with the nomination and appointment process for Board members. (3) All personnel records collected under this subsection shall be retained for the duration of the nomination and appointment process, and then destroyed. #### § 11-13 Records. Balt., Md., Code art. 1, § 11-13 (2026) (a) The Director must maintain records of the Police Accountability Board and the Administrative Charging Committee in accordance with a record retention schedule created with the assistance of the Baltimore City Records Management Officer in accordance with City and State law. (b) All records prohibited from disclosure under the Maryland Public Information Act or other applicable law regarding the confidentiality of these records must be kept confidential by: (1) members of the Board; (2) members of the Committee; (3) the Director; (4) staff from the Office of Equity and Civil Rights; and (5) any other person who becomes a custodian of the records that are handled by the Board or the Committee. *History: Ord. 22-146* ### Subtitle 12 – Central Bureau of Investigation #### § 12-1 Bureau established. Balt., Md., Code art. 1, § 12-1 (2026) A Central Bureau of Investigation is hereby created in the Law Department under the City Solicitor. *History: Ord. 42-855* #### § 12-2 Investigations. Balt., Md., Code art. 1, § 12-2 (2026) (a) It shall be the duty of the Central Bureau of Investigation, to investigate: (1) any and all claims made by third persons against the Mayor and City Council of Baltimore; (2) all claims which the Mayor and City Council of Baltimore may have against third persons; and (3) all reports made by any department, board, bureau, commission, agency, or employee of the Mayor and City Council of Baltimore of an accidental injury suffered by any employee thereof. (b) The Central Bureau of Investigation shall also, at the direction of the City Solicitor, or at the direction of an Assistant City Solicitor handling Workmen’s Compensation claims, investigate all claims for Workmen’s Compensation filed with the State Workers’ Compensation Commission by any employee of the Mayor and City Council of Baltimore. (c) The Central Bureau of Investigation shall also: (1) make any and all investigations, of whatsoever kind or character, directed to be made by the City Solicitor; and (2) report the results of any and all investigations made by it to the City Solicitor. (d) The Central Bureau of Investigation shall send to the Division of Disability Compensation of the Central Payroll Bureau, a summary of any report of any investigation of any claim filed with the State Workers’ Compensation Commission by any employee of the Mayor and City Council of Baltimore for Workmen’s Compensation. *History: Ord. 42-855* #### § 12-3 Employees. Balt., Md., Code art. 1, § 12-3 (2026) (a) (1) The City Solicitor shall appoint the employees of the Central Bureau of Investigation in accordance with the City Charter. (2) The employees shall be compensated as provided in the Ordinance of Estimates. (b) (1) All non-lawyer positions in the Central Bureau of Investigation are part of the Classified Service of the City of Baltimore, subject to the laws, rules, and regulations governing that service. (2) All appointments to fill vacancies in non-lawyer positions caused by death, resignation, dismissal, retirement, or other reason shall be made by the City Solicitor from eligible lists established by the Department of Human Resources. (c) The City Solicitor may from time to time engage for special purposes the services of experts and specialists for any particular case or cases. *History: Ord. 42-855* *History: Ord. 99-526* *History: Ord. 04-822* #### § 12-4 Report of injury or damage. Balt., Md., Code art. 1, § 12-4 (2026) Every department, board, bureau, commission, officer, and employee of the Mayor and City Council of Baltimore (except the Bureau of Receipts and the employees thereof, so far as claims for taxes are concerned) shall immediately, upon the happening of any accidental injury to any employee of the Mayor and City Council of Baltimore, and upon the filing of, or knowledge of the existence of, any claim against the Mayor and City Council of Baltimore, or any injury or damage caused to the person or property of any third person by the Mayor and City Council of Baltimore, and any claim of the Mayor and City Council of Baltimore against third parties for any damage to property owned by or under the control of the Mayor and City Council of Baltimore, or any other injury or damage for which the Mayor and City Council of Baltimore may have a claim against third parties, whether arising by subrogation or otherwise, report the happening of such accidental injury or damage, or the filing or knowledge of any such claim or damage, with the Central Bureau of Investigation, so that an immediate investigation of all such accidental injuries and all such claims and damages may be forthwith made by the Central Bureau of Investigation. *History: Ord. 42-855* #### § 12-5 Inconsistent laws. Balt., Md., Code art. 1, § 12-5 (2026) In the event of any inconsistency between this subtitle and the terms and provisions of any ordinance of the Mayor and City Council of Baltimore, the terms and provisions of any other such ordinance are repealed to the extent of such inconsistency. *History: Ord. 42-855* ### Subtitle 13 – Convention Complex #### § 13-1 Created; officers. Balt., Md., Code art. 1, § 13-1 (2026) (a) There shall be a Convention Complex, consisting of the Baltimore Arena and the Convention Center, the head of which shall be a Convention Complex Director, who shall be appointed by the Mayor in accordance with Article IV, § 6 of the Baltimore City Charter. (b) There shall also be a Baltimore Arena Manager who shall manage and operate the Baltimore Arena, and a Convention Center Manager who shall manage and operate the Convention Center, both of whom shall be subject to the supervision and control of the Convention Complex Director. (c) The compensation of the Director and Managers and their assistants, aides, and employees shall be subject to the approval of the Board of Estimates and shall be paid as provided in the annual Ordinance of Estimates. *History: Ord. 82-676* *History: Ord. 86-778* #### § 13-2 Powers of Director. Balt., Md., Code art. 1, § 13-2 (2026) (a) The Convention Complex Director shall have the following powers, which may be delegated by him to the Convention Center Manager or the Baltimore Arena Manager: (1) with the prior approval of the Board of Estimates, to contract with consulting, planning, or designing engineers or architects, advertising or promotional agencies, and any other persons possessing technical or specialized skills in connection with the requirements of the Convention Center or Baltimore Arena; (2) within a framework submitted to and approved by the Board of Estimates, to establish fees, rentals, or charges for the use or occupancy of the Convention Center and Baltimore Arena, or any part thereof, and to collect such fees, rentals, or charges; all such collections shall be remitted to the Director of Finance of Baltimore City; (3) to adopt, promulgate, and enforce rules and regulations for the management, use, occupancy, government, and preservation of order with respect to all land, property, facilities, and activities under his supervision or control, and a copy of all such rules and regulations shall be effective 10 days after they are filed with the Department of Legislative Reference of Baltimore; and any and all rules and regulations previously adopted by the Civic Center Commission shall remain in force and effect until superseding rules and regulations are adopted and promulgated by the Convention Complex Director; and (4) to do any and all things necessary, proper, or expedient relative to or in connection with the use, occupancy, control, operation, management, promotion, maintenance, and repair of the Convention Center and Baltimore Arena. (b) Every person who violates any such rules or regulations so adopted or promulgated shall be guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be fined not more than $500 for each and every offense or imprisonment for not more than 12 months. *History: Ord. 82-676* *History: Ord. 86-778* #### § 13-3 Contracts; property. Balt., Md., Code art. 1, § 13-3 (2026) (a) All contracts or agreements entered into for or in connection with the maintenance or repair of the Convention Center and Baltimore Arena and their facilities shall be subject to the terms and provisions of Article VI, § 11 of the City Charter, as they now exist or as they may hereafter be amended. (b) The title to all land or property of every kind and every right, interest, franchise, easement or privilege therein, acquired for or in connection with the Convention Center and Baltimore Arena shall be or remain in the name of the Mayor and City Council of Baltimore. *History: Ord. 82-676* *History: Ord. 86-778* ### Subtitle 14 – Aging Services #### Part I – Office of Older Adult Affairs and Advocacy ##### § 14-1 Definitions. Balt., Md., Code art. 1, § 14-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commission” means the Baltimore City Commission on Aging, Resources, and Empowerment, formerly named the Baltimore City Commission on the Aging and Retirement. (c) “Director” means the Director of the Baltimore City Office of Older Adult Affairs and Advocacy. (d) “Office” means the Baltimore City Office of Older Adult Affairs and Advocacy. (e) “Older individual” means an individual who is 60 years of age or older. ##### § 14-2 Office established. Balt., Md., Code art. 1, § 14-2 (2026) There is a Baltimore City Office of Older Adult Affairs and Advocacy. ##### § 14-3 Director of the Office. Balt., Md., Code art. 1, § 14-3 (2026) (a) In general. The Director is responsible for the administration and oversight of the Office. (b) Appointment. The Director is appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (c) Salary. The Director shall receive such salary as may be provided in the Ordinance of Estimates. ##### § 14-4 Powers and duties of the Office. Balt., Md., Code art. 1, § 14-4 (2026) The Office shall: (1) evaluate the service needs of older individuals in the City; (2) determine the extent to which existing public and private programs meet the needs of older individuals; (3) establish priorities for meeting the needs of older individuals; (4) evaluate services and programs that support older adults in Baltimore City; (5) educate older adults, their families, and advocates about the services and programs described in paragraph (4) of this subsection; (6) recommend to the Mayor, City Council, and applicable State and federal officials changes and improvements in City, State, and federal services and programs that address the following needs of older individuals: (i) financial health; (ii) safety; (iii) public health; (iv) behavioral health; (v) insurance coverage; (vi) housing; (vii) employment; (viii) recreation; (ix) volunteerism; (x) lifelong learning; (xi) transportation; (xii) in-home care services; (xiii) caregiver support; and (xiv) institutional and community-based long-term care; (7) coordinate a Citywide planning process with the goal of transforming Baltimore City into an age-friendly city that supports older individuals as they live their lives with choices, independence, and dignity; (8) facilitate communication between the City, the Maryland Department of Aging, and the State Commission on Aging; and (9) perform other functions as may be assigned by the Mayor. ##### § 14-5 Staff and budget. Balt., Md., Code art. 1, § 14-5 (2026) (a) The Office may employ staff in accordance with the Ordinance of Estimates. (b) The Office may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. ##### § 14-6 Rules and regulations. Balt., Md., Code art. 1, § 14-6 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director must adopt rules and regulations to carry out this subtitle. ##### § 14-7 Annual report. Balt., Md., Code art. 1, § 14-7 (2026) On or before June 30 of each year, the Office must submit an annual report to the Mayor and City Council detailing: (1) the activities of the Office; and (2) the trainings, exercises, and community outreach activities the Office conducted during the previous year. ##### §§ 14-8 to 14-10 Balt., Md., Code art. 1, § 14-8 to 14-10 (2026) Reserved #### Part II – Commission on Aging, Resources, and Empowerment ##### § 14-11 Established. Balt., Md., Code art. 1, § 14-11 (2026) There is a Baltimore City Commission on Aging, Resources, and Empowerment. ##### § 14-12 Composition. Balt., Md., Code art. 1, § 14-12 (2026) (a) The Commission shall consist of 29 members, 18 of whom are appointed by the Mayor in accordance with Article IV, § 6 {“Administrative Procedure Act – Regulations”} of the Baltimore City Charter, and 11 of whom are ex-officio members. (b) (1) The Mayor shall appoint commission members to represent the diversity of people and ideas within the City’s older individuals community with regard to equity, socioeconomic status, religion, race, ethnicity, gender identification, and family composition. (2) Of the 18 members to be appointed by the Mayor: (1) at least 3 shall be over 65 years of age and reside in Baltimore City; (2) 1 shall be a member of the City Council; (3) 2 shall be physical or behavioral healthcare practitioners; (4) 1 shall be experienced with business, labor, or workforce development; (5) 1 shall be a representative of a faith-based organization; (6) 1 shall be a representative from a consumer education organization; (7) 2 shall represent a voluntary organization or voluntary advocacy organization that provides services to older adults; and (8) 4 shall have a general interest in providing services to older adults in the following fields: (i) legal services; (ii) housing; and (iii) academic research. (c) The 11 ex-officio members of the Commission are the following, or their designated representatives: (1) the Commissioner of Health; (2) the Director of the Department of Social Services; (3) the Director of the Department of Planning; (4) the Police Commissioner; (5) the Commissioner of the Department of Housing and Community Development; (6) the Director of the Department of Recreation and Parks; (7) the Chief of the Fire Department; (8) the Director of the Baltimore Behavioral Health Bureau or a similar organization; (9) the Director of the Department of Public Works; (10) the Executive Director of the Mayor’s Office of Children and Family Success; and (11) the Director of the Department of Transportation. ##### § 14-13 Terms of office and organization. Balt., Md., Code art. 1, § 14-13 (2026) (a) Appointed members serve a term of 4 years, concurrent with the terms of the Mayor and the City Council, and at the end of a term, an appointed member continues to serve until a successor is appointed and qualified. (b) The Mayor shall designate at least 1 but no more than 2 of the appointed members to serve as Chairs of the Commission. (c) If there is a vacancy in the membership of the Commission, the member appointed by the Mayor to fill the vacancy must meet the same qualifications for appointment as the member being succeeded and shall serve for the remainder of the unexpired term. (d) The members of the Commission shall receive no compensation for their services on the Commission, but shall be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties. (e) (1) The Commission shall meet at least 10 times a year. (2) A majority of the members of the Commission constitutes a quorum for the transaction of business. (f) Any appointed member of the Commission who fails to attend 4 consecutive meetings without good cause as determined by the Mayor shall be deemed to have resigned. ##### § 14-14 Powers and duties. Balt., Md., Code art. 1, § 14-14 (2026) (a) The Commission is charged with the responsibility of assisting the Office of Aging and other units of City government in the coordination of an effective program of services to and opportunities for older individuals. (b) In coordination and consultation with the Office, the Commission shall: (1) review and propose improvements to existing City programs; (2) research and recommend new programs; and (3) evaluate current programs and proposed legislation to determine their impact on older individuals. (c) The Commission shall routinely brief the Director on programs and policies concerning older individuals as reflected in: (1) the Ordinance of Estimates; (2) other ordinances; or (3) administrative policies of the Office and other units of City government. (d) As appropriate, the Commission shall hold hearing and undertake surveys and studies to: (1) evaluate existing municipal programs for older individuals; and (2) make recommendations for the improvement of existing municipal programs to the Director. (e) The Commission shall: (1) evaluate the methods by which information concerning available municipal programs for older individuals is disseminated; and (2) recommend communication improvements to the Director. (f) The Commission shall submit an annual report to the Mayor and City Council on its activities. *History: Ord. 23-264* ### Subtitle 15 – Off-Street Parking Projects #### § 15-1 Reconveyance on satisfaction of debt. Balt., Md., Code art. 1, § 15-1 (2026) (a) Upon the payment and full satisfaction of any loan heretofore or hereafter made by the Mayor and City Council of Baltimore for Off-Street Parking Projects, as authorized under Article II, § (20) of the City Charter and property is conveyed to the Mayor and City Council of Baltimore to secure the repayment of the same, the Mayor and City Council of Baltimore with the approval of the Board of Estimates of Baltimore City is hereby authorized and empowered to execute and deliver to the owner or owners a release, a conveyance, or reconveyance of the land with the improvements thereon so conveyed to the City of Baltimore to secure said loan. (b) No deed or releases shall pass in accordance herewith unless the same shall first have been approved by the City Solicitor. *History: Ord. 57-941* ### Subtitle 16 – Planning Commission #### § 16-1 Notice of meetings. Balt., Md., Code art. 1, § 16-1 (2026) The Planning Commission shall give to each member of the City Council in writing, delivered by mail or in person by the Friday preceding any Tuesday meeting, or by the 4th day preceding any other meeting, an agenda of all matters which the Planning Commission proposes to consider with respect to altering or amending the master plan of the City of Baltimore. *History: Ord. 64-211* #### § 16-2 Fee for examination of subdivision plan. Balt., Md., Code art. 1, § 16-2 (2026) (a) The Department of Planning, with the approval of the City Council of Baltimore, may establish and impose charges for subdivision plans, as defined in Article VII, § 76 of the City Charter, submitted to the Planning Commission for examination and action by it, to defray the cost and expenses incident to said examination and action. (b) (1) Said charge shall be paid at the time a subdivision plan is first filed with the Department of Planning in the usual course of business. (2) Payment may be made either in cash or by certified check made payable to the Director of Finance of Baltimore. (c) Said charge shall not be refunded in whole or in part, under any circumstances. *History: Ord. 70-876* *History: Ord. 89-293* ### Subtitle 17 – Department of Public Works #### § 17-1 Bureaus of Department. Balt., Md., Code art. 1, § 17-1 (2026) (a) The Department of Public Works comprises the following Bureaus: (1) Bureau of Solid Waste; and (2) Bureau of Water and Wastewater. (b) All of the rights, powers, duties, obligations, and functions previously conferred or imposed on these Bureaus and their Bureau Heads shall continue to be exercised and performed by these Bureaus and Bureau heads unless otherwise assigned or reassigned by law or as provided in this subtitle. *History: Ord. 67-1091* *History: Ord. 76-022* *History: Ord. 79-1210* *History: Ord. 15-435* #### § 17-2 Director of Public Works. Balt., Md., Code art. 1, § 17-2 (2026) (a) (1) The Director of Public Works is responsible for the proper conduct, management, and operation of the Bureaus established under this subtitle. (2) All of the rights, powers, duties, obligations, and functions that are now or may subsequently be conferred or imposed on any of the Bureaus or Heads of Bureaus of the Department of Public Works shall be exercised and performed by the Bureaus or by their respective Heads subject to the control, direction, and supervision of the Director of Public Works. (3) In the event of any duplication of authority or responsibility between any 2 or more Bureaus established under this subtitle, the Director of Public Works has the right and power to determine which 1 or more of the Bureaus involved will carry out the performance of that authority or responsibility. (4) Subject to the authority of the Board of Estimates, the Director of Public Works has have the power and authority from time to time to assign and reassign among the Bureaus of the Department of Public Works the performance of any duties and the exercise of any powers that are imposed or conferred on the Department. (5) Subject to the approval of Board of Estimates, the Director of Public Works has the power and authority from time to time to rename the various Bureaus of the Department. (b) Subject to the limitations provided in Ordinance 15-435, Section 2 {“Transfer of powers from DPW to DHCD”}, all the authorities, powers, responsibilities, rights, and duties previously imposed or conferred on any former Bureau or Bureau Head of the Department of Public Works are imposed and conferred on the Director of Public Works, and, subject to the authority of the Board of Estimates, all those authorities, powers, responsibilities, rights, and duties may be delegated by the Director to whichever Bureau or Bureau Head in the Department that the Director directs. *History: Ord. 67-1091* *History: Ord. 68-152* *History: Ord. 75-816* *History: Ord. 79-1210* *History: Ord. 99-526* *History: Ord. 15-435* #### § 17-3 Appointment of Bureau Heads and Assistant Bureau Heads. Balt., Md., Code art. 1, § 17-3 (2026) (a) The Director of Public Works may designate the positions of Assistant Bureau Heads for each of the Bureaus of the Department of Public Works. (b) All Bureau Heads and Assistant Bureau Heads shall be appointed by the Mayor in accordance with Charter Article IV, § 6. *History: Ord. 67-1091* *History: Ord. 79-1210* *History: Ord. 15-435* ### Subtitle 18 – Disaster Control and Civil Defense #### § 18-1 Office of Disaster Control and Civil Defense. Balt., Md., Code art. 1, § 18-1 (2026) (a) There is hereby created the “Office of Disaster Control and Civil Defense” for Baltimore City. (b) The function and duties of the Civil Defense Division of the Fire Department, as set forth in said Ordinance 63-042, are hereby transferred to the said new Office. *History: Ord. 68-128* #### § 18-2 Director of Office. Balt., Md., Code art. 1, § 18-2 (2026) (a) The Director of said Office initially shall be the same person who is, at the time of the passage of this ordinance, Director of the Civil Defense Division of the Fire Department; and also the same person appointed as Civil Defense Director of Baltimore City by the Governor, upon recommendation of the Mayor of said City, as provided by Article 16A, § 7 of the Maryland Code. (b) (1) He shall have direct responsibility for the organization, administration, and operation of such Office, subject to the direction and control of the Mayor of Baltimore, under the general power of the Governor. (2) Said Director shall be responsible for the organization, administration, and operation of a disaster control and civil defense program, which program shall include a Civil Defense Volunteer Corps. *History: Ord. 68-128* #### § 18-3 Personnel. Balt., Md., Code art. 1, § 18-3 (2026) (a) The Director shall appoint such assistants, aides, and employees as may be necessary to carry out a disaster control and civil defense program and also the State Civil Defense Plans and Programs, such employees to be subject to the provisions of City classified service, as provided by Article VII, §§ 94 through 104 of the City Charter. (b) The personnel now employed by the Civil Defense Division of the Fire Department are hereby transferred to the Office of Disaster Control and Civil Defense of Baltimore City, without diminution or loss of any rights or privileges heretofore earned or obtained by them. (c) Any additional employees of this Office who may be required in an expanded program shall be as provided in the annual Ordinance of Estimates or as provided by the Board of Estimates. *History: Ord. 68-128* #### § 18-4 Property. Balt., Md., Code art. 1, § 18-4 (2026) (a) (1) The Civil Defense Division of the Fire Department, on or about July 1, 1968, shall transfer to the Office of Disaster Control and Civil Defense any and all property which it now has in its custody or under its control used or usable in civil defense and disaster control work. (2) Thereafter, the said Office: (i) shall become the custodian thereof, charged with the responsibility of maintaining and keeping all such property in good order and repair; and (ii) shall keep such records of same as are required by law. (b) Additional property or equipment required to carry out the purposes of this subtitle shall be obtained by said Office as provided in the annual Ordinance of Estimates or as approved by the Board of Estimates. *History: Ord. 68-128* ### Subtitle 19 – Office of Intergovernmental Research #### § 19-1 Office created; function. Balt., Md., Code art. 1, § 19-1 (2026) (a) There is created the Office of Intergovernmental Research under a Director. (b) It is the function of this Office to analyze the State and Federal legislative needs of the City and related matters and make recommendations thereon to the Mayor. *History: Ord. 79-1208* #### § 19-2 Director — appointment; term. Balt., Md., Code art. 1, § 19-2 (2026) (a) The Director of the Office of Intergovernmental Research shall be chosen by the Mayor from a list of possibilities provided from time to time by the Civil Service Commission. (b) The Director: (1) shall serve during good behavior for a term not to exceed the term of the appointing authority; (2) shall be subject to removal only after charges are preferred by the Mayor and a full hearing is had before the Civil Service Commission; and (3) shall be discharged only upon proof of inefficiency, neglect of duty, or misconduct in office. (c) (1) The Director’s successor shall be chosen in the same manner. (2) From time to time, as there is a vacancy, the Mayor shall choose and appoint the Director of the Office of Intergovernmental Research in the same manner. *History: Ord. 79-1208* #### § 19-3 Director — qualifications; devotion to duties. Balt., Md., Code art. 1, § 19-3 (2026) (a) The Director of the Office of Intergovernmental Research shall be a person who has had responsible prior experience in: (1) legislative analysis; and (2) subjects relating generally to government, public policy, fiscal policy, law, or political science. (b) (1) The Director shall devote full time to performing and carrying out the duties and assignments of the Office of Intergovernmental Research, as set forth in this subtitle and as may otherwise be assigned. (2) And subject to the provisions of this subtitle, the Director shall not hold any other municipal office or position or perform any of the duties or responsibilities conferred upon another municipal officer by Charter or ordinance. *History: Ord. 79-1208* #### § 19-4 Staff; supplies; agency assistance. Balt., Md., Code art. 1, § 19-4 (2026) (a) The Director of the Office of Intergovernmental Research is empowered to employ such personnel as may be deemed necessary in order to perform the duties and exercise the powers conferred by this subtitle upon the Office of Intergovernmental Research, and as may be provided from time to time in the Ordinance of Estimates. (b) The Office of Intergovernmental Research shall be supplied with all necessary books, maps, charts, stationery, and all appliances and incidentals necessary for the proper discharge of its duties, to be paid from funds supplied in the Ordinance of Estimates. (c) Every department, bureau, or other agency of the municipal government, upon request, shall provide reasonable assistance and information to the Office of Intergovernmental Research. *History: Ord. 79-1208* ### Subtitle 20 – Baltimore City Commission for Women #### § 20-1 Commission established. Balt., Md., Code art. 1, § 20-1 (2026) (a) There is a Baltimore City Commission for Women. (b) (1) The Commission comprises 19 voting members, to be appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (2) (i) The Mayor may appoint 1 or more members of the Baltimore City Council or the Baltimore City delegation to the Maryland General Assembly as additional, non-voting members of the Commission. (ii) Notwithstanding subparagraph (i) of this paragraph, any female member of the City Council shall be an ex-officio, non-voting member of the Commission. (iii) The Mayor shall appoint a representative from the Baltimore City Office of Equity and Civil Rights or its successor agency to be a non-voting member of the Commission. (c) The appointment of members must be made without regard to political affiliation. *History: Ord. 83-955* *History: Ord. 06-359* *History: Ord. 18-119* *History: Ord. 21-016* #### § 20-2 Terms, compensation, vacancies. Balt., Md., Code art. 1, § 20-2 (2026) (a) (1) Members serve for a term of 4 years, concurrent with the terms of the Mayor and the City Council. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (b) The members of the Commission: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. (c) A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. *History: Ord. 83-955* *History: Ord. 99-526* *History: Ord. 06-359* *History: Ord. 16-503* #### § 20-3 Officers; committees. Balt., Md., Code art. 1, § 20-3 (2026) (a) (1) The Mayor shall designate a member of the Commission to serve as its Chair. (2) Members of the Commission may select any other officers they consider necessary or appropriate. (b) The Chair may appoint committees to assist the Commission in carrying out its functions and duties. *History: Ord. 83-955* *History: Ord. 06-359* #### § 20-4 Meetings; quorum. Balt., Md., Code art. 1, § 20-4 (2026) (a) (1) The Commission shall meet at the call of the Chair as frequently as required to perform its duties. (2) A majority of the voting members of the Commission constitutes a quorum for the transaction of business. (3) An affirmative vote by the majority of a quorum is needed for any official action. (b) The Commission may adopt rules of procedure to govern its meetings and procedures. (c) If any member is absent from regularly scheduled meetings more than 3 times in 1 year, not counting absences excused by the Chair: (1) the member is considered to have resigned; and (2) the Chair shall request that member’s appointing authority to fill the resultant vacancy. *History: Ord. 83-955* *History: Ord. 06-359* *History: Ord. 18-119* #### § 20-5 Personnel; budget. Balt., Md., Code art. 1, § 20-5 (2026) (a) (1) The Commission may appoint a properly qualified person as Executive Director of the Commission. (2) The Executive Director is entitled to a salary as provided in the Ordinance of Estimates. (3) The Executive Director shall perform the duties that the Commission prescribes. (b) (1) The Executive Director may employ a staff as provided in the Ordinance of Estimates. (2) Staff members shall be members of the classified service. (c) The Commission may engage the services of volunteer workers and consultants, without salary, as it considers necessary from time to time. (d) The Director may expend funds as authorized in the Ordinance of Estimates or in any supplemental appropriations. *History: Ord. 83-955* *History: Ord. 06-359* #### § 20-6 Powers and duties. Balt., Md., Code art. 1, § 20-6 (2026) (a) The Baltimore City Commission for Women shall undertake the activities described in this section. (b) The Commission shall: (1) develop an information and referral system for all services in the City related to women; and (2) recommend other services when a need for them is determined. (c) The Commission shall serve as the focus and forum for the identification and amelioration of the unique problems faced by women in our society and on any practice of discrimination or prejudice that exists because of gender. (d) (1) The Commission shall: (i) conduct research, policy analysis, and public information and education programs and activities to assist in addressing the needs of women; and (ii) institute and conduct other programs, meetings, and conferences to promote equal rights and opportunities for all women. (2) These programs and activities shall address the special needs of women related to race, age, national origin, religious preference, disability, sexual preference, physical characteristics, marital status, reproductive health, and economic status. (e) The Commission shall: (1) review and monitor the conditions of women in the workforce in Baltimore City; (2) make recommendations promoting equal pay for work of equal value and equitable representation by women in all job levels; and (3) direct attention to the problems facing women in the workforce. (f) The Commission shall: (1) advise and counsel the residents of Baltimore City, the City Council, the Mayor, and the various departments and agencies of the City, state, and federal governments on all matters involving women’s lives; and (2) recommend programs and legislation it considers necessary and proper to promote and ensure equal rights, equal opportunities, and equal access to services for all persons regardless of gender. (g) The Commission shall review and evaluate the impact of existing and proposed policies and programs and legislation affecting women. (h) The Commission shall work to remove inequalities due to discrimination or prejudice on the basis of gender in housing, recreation, employment, education, community services, criminal justice, financing, credit, insurance, and related matters. (i) The Commission shall monitor City government so as to ensure the equitable representation of women on all City boards and commissions. *History: Ord. 83-955* *History: Ord. 06-359* ### Subtitle 21 – Neighborhood Block Watch Signs #### § 21-1 Definitions. Balt., Md., Code art. 1, § 21-1 (2026) (a) For the purposes of this subtitle, the following terms shall have the meanings listed below. (b) An “area” shall mean an area consisting of more than 1 block. (c) A “block” shall mean all of the properties on both sides of a given street existing between 2 consecutive intersecting streets. (d) “Household” shall mean all persons occupying a single housing unit (i.e. {sic} house, apartment, group of rooms, or single room intended for occupancy as separate living quarters). (e) “Neighborhood Block Watch block or area” shall mean a block or an area designated in an application filed pursuant to § 21-3 in which signs provided for in this subtitle may be erected. *History: Ord. 82-696* #### § 21-2 Legislative findings. Balt., Md., Code art. 1, § 21-2 (2026) (a) The Mayor and City Council of Baltimore finds and declares that the threat, fear, and intimidation caused by the criminal element is one of the most compelling problems facing society today. Crime isolates people in their own homes, causing them to become suspicious of, and in some cases afraid of, their neighbors. And yet, law enforcement officials tell us that neighborhoods with little inter-residential communication are more vulnerable to crime than are those in which neighbors communicate and cooperate with each other on a regular basis. (b) A new kind of anti-crime program starting to take hold in neighborhoods around the City seeks to promote communication and cooperation among neighbors as an effective countermeasure to crime. This subtitle sets up a program to install signs in those neighborhoods where a Neighborhood Block Watch Program is in effect. (c) This subtitle should be liberally interpreted to achieve its anti-crime goals. *History: Ord. 82-696* *History: Ord. 04-672* #### § 21-3 Program established; procedure. Balt., Md., Code art. 1, § 21-3 (2026) (a) There is established a Neighborhood Block Watch Sign Program to promote an anti-crime posture in neighborhoods and between the neighborhoods and City officials. (b) (1) The Program shall be available to all qualified residential blocks and areas of the City. (2) In order to qualify for the Program, such blocks and areas shall meet the criteria set forth in this subtitle and any rules and regulations established by the Police Commissioner in consultation with the Director of Transportation and the Director of Finance under the requirements of this subtitle. (c) This procedure shall be as follows: (1) In order to be considered for the Neighborhood Block Watch Sign Program, a neighborhood group, group of residents, or community association shall submit an application through the Police Commissioner to the Director of Transportation indicating the collective desire of at least 60% of the households in the block or area to have signs placed. (2) The boundary of the block and area within the Neighborhood Block Watch block or area shall be clearly identified on the application. (3) Upon receipt of a valid application, the Police Commissioner, in consultation with the Director of Transportation, shall review the block or area identified and any other information required by the Police Commissioner necessary to the completion of the application. (4) The Police Commissioner, in consultation with the Director of Transportation, shall approve or deny the application. (5) When an application is denied, the Police Commissioner or his designee shall state the reasons for the denial. (6) The Director of Transportation shall authorize the installation of Neighborhood Block Watch Signs in the block or area from which the application was approved. *History: Ord. 82-696* *History: Ord. 15-435* #### § 21-4 Signs. Balt., Md., Code art. 1, § 21-4 (2026) The neighborhood group, group of residents, or community association which has received approval for the installation of the Neighborhood Block Watch sign shall purchase signs approved by the Police Commissioner and all other material necessary to the installation of the signs. The signs shall be installed by the Department of Transportation. Any person(s) or organizations may volunteer to pay the fee. *History: Ord. 82-696* *History: Ord. 15-435* #### § 21-5 Administration of program. Balt., Md., Code art. 1, § 21-5 (2026) The Police Commissioner, in consultation with the Director of Transportation and the Director of Finance, shall promulgate rules necessary to carry out the provisions of this subtitle. The Police Commissioner shall also administer the program. *History: Ord. 82-696* *History: Ord. 15-435* ### Subtitle 22 – Children, Youth, and Families #### Part I – Definitions ##### § 22-1 Definitions. Balt., Md., Code art. 1, § 22-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Children” means individuals under the age of 14 years. (c) “Commission” means the Baltimore City Youth Commission. (d) “Office” means the Office of Children and Family Success. (e) “Task Force” means the Baltimore City Trauma-Informed Care Task Force. (f) “Youth” means an individual between the ages of 14 and 25, inclusive. *History: Ord. 86-781* *History: Ord. 04-820* *History: Ord. 07-431* *History: Ord. 20-341* ##### § 22-2 Balt., Md., Code art. 1, § 22-2 (2026) Reserved #### Part II – Youth Commission ##### § 22-3 Purpose. Balt., Md., Code art. 1, § 22-3 (2026) The purpose of this Part II is to allow youth the opportunity to provide advice, recommendations, and information for the Mayor, the City Council, and municipal agencies on the development of coordinated community and government policies, programs, and services that support children, youth, and their families. *History: Ord. 86-781* *History: Ord. 04-820* ##### § 22-4 Commission established. Balt., Md., Code art. 1, § 22-4 (2026) There is a Baltimore City Youth Commission. *History: Ord. 86-781* *History: Ord. 04-820* ##### § 22-5 Composition. Balt., Md., Code art. 1, § 22-5 (2026) (a) The Commission comprises 17 members . (b) (1) The members shall be appointed by the Mayor, in accordance with City Charter Article IV, § 6, as follows: (i) 1 youth from each of the 14 Council Districts, at least 1 of whom is not a graduate of or then enrolled in a traditional educational program; and (ii) 3 at-large youths recommended by the President of the City Council. (2) Each member of the Commission must be a resident of Baltimore City. *History: Ord. 86-781* *History: Ord. 04-820* *History: Ord. 12-003* *History: * ##### § 22-6 Terms, organization, meetings, etc. Balt., Md., Code art. 1, § 22-6 (2026) (a) (1) The term of a member expires at the end of the Mayor’s term. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) A member may only serve a maximum of 2 terms. (b) The members of the Commission serve with compensation based on hours served, as provided in the Ordinance of Estimates. (c) (1) The Mayor shall designate a member to serve as Commission Chair. (2) At the beginning of each term and after all members are appointed, the Commission Chair shall call a meeting of the Commission and the Commission shall elect members to serve as: (i) Vice Chair; (ii) Treasurer; and (iii) Secretary. (d) (1) There is an Executive Committee in the Commission that comprises the following members: (i) the Chair; (ii) the Vice Chair; (iii) the Treasurer; (iv) the Secretary; and (v) an at-large member, who shall be elected by majority vote of the Commissioners at the Commission’s first meeting. (2) The Executive Committee: (i) may appoint Committees to assist the Commission in carrying out its functions and duties; and (ii) shall generally oversee the administration of the Commission. (e) (1) The Commission shall meet on the call of the Chair as frequently as required to perform its duties, but not less than 1 time each month. (2) A majority of the members constitutes a quorum for the transaction of business. (3) An affirmative vote of at least a majority of a quorum is needed for any official action. (f) (1) The Commission must adopt bylaws to govern its meetings and operations. (2) The Commission must adopt bylaws within 60 days of electing the Executive Committee. (3) The Commission must review, revise, and re-adopt the bylaws within 60 days of electing a new Executive Committee after the start of each new Mayoral term. (g) The Office of Children and Family Success, or its successor, shall: (1) provide staff to the Commission; and (2) provide the personnel and capital support necessary for the Commission to perform its duties, as provided for in the Ordinance of Estimates. (h) Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the Commission may adopt rules and regulations to govern its meetings and operations. *History: Ord. 86-781* *History: Ord. 99-526* *History: Ord. 04-820* *History: Ord. 16-503* *History: Text Conformed 02/09/21* *History: * ##### § 22-7 Duties. Balt., Md., Code art. 1, § 22-7 (2026) The Commission shall: (1) create and deliver a year-end annual report on Commission activities to the Mayor and City Council; (2) review resources available to children and youth and provide feedback regarding effectiveness to the respective resource administrator; (3) host and participate in public forums with and about children and youth; (4) advocate for resources for children and youth; (5) make recommendations for programs, policies, procedures, or legislation deemed necessary to promote the well-being of children, youth, and their families; (6) raise awareness of resources available to children, youth, and their families; and (7) review and evaluate existing and proposed policies, programs, and legislation as they relate to the well-being of children, youth, and their families. *History: Ord. 86-781* *History: Ord. 04-820* *History: * ##### § 22-8 Agency cooperation. Balt., Md., Code art. 1, § 22-8 (2026) All City officials and agencies shall cooperate with the Commission and extend the services and facilities that the Commission requires to the extent that the officials and agencies are able to do so given personnel and budgets as provided in the Ordinance of Estimates. *History: * #### Part III – Office of Children and Family Success ##### § 22-9 Office established. Balt., Md., Code art. 1, § 22-9 (2026) There is an Office of Children and Family Success in the Office of the Mayor. *History: Ord. 86-781* *History: Ord. 04-820* *History: Ord. 20-341* ##### § 22-10 Director – appointment. Balt., Md., Code art. 1, § 22-10 (2026) The Director of the Office is appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. *History: Ord. 86-781* *History: Ord. 04-820* ##### § 22-11 Director – powers and duties. Balt., Md., Code art. 1, § 22-11 (2026) The Director shall: (1) identify the needs of children and youth according to age, location, and special services required; (2) identify public and private services available to children, youth, and families; (3) identify changes in public policy, service delivery, and funding necessary to improve the services available to children, youth, and families; (4) serve as a community voice for children and youth; (5) develop and implement programs to benefit children and youth; (6) provide staff and serve as advisor to the Commission; (7) serve as ex-officio member and advisor to the Task Force; (8) generally promote the well-being of all children and youth of Baltimore City; (9) be represented on any other special committee or task force that considers matters relating to children and youth, and work with the various boards, commissions, and municipal agencies that interact with the Office as deemed appropriate; (10) perform such other duties as required by the Mayor; and (11) review proposed legislation referred to the Office by the City Council, assessing its probable effect on the physical, social, emotional, and intellectual welfare of the children of this City. *History: Ord. 86-781* *History: Ord. 91-663* *History: Ord. 04-820* *History: Ord. 20-341* ##### § 22-12 Staff and budget. Balt., Md., Code art. 1, § 22-12 (2026) (a) The Office may employ staff in accordance with the Ordinance of Estimates. (b) The Office may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. *History: Ord. 86-781* *History: Ord. 04-820* ##### §§ 22-13 to 22-14 Balt., Md., Code art. 1, § 22-13 to 22-14 (2026) Reserved #### Part IV – Trauma-Informed Care; Trauma-Responsiveness ##### § 22-15 Trauma-informed care initiative. Balt., Md., Code art. 1, § 22-15 (2026) In addition to any other duties set forth in this subtitle, it is the duty of the Office to coordinate a citywide initiative to prioritize the trauma-responsive and trauma-informed delivery of city services impacting children, youth, and families. *History: Ord. 20-341* ##### § 22-16 Trauma-Informed Care Task Force – Established. Balt., Md., Code art. 1, § 22-16 (2026) There is a Baltimore City Trauma-Informed Care Task Force. *History: Ord. 20-341* ##### § 22-17 Trauma-Informed Care Task Force – Composition. Balt., Md., Code art. 1, § 22-17 (2026) (a) The Task Force comprises 37 members, 30 of whom are appointed by the Mayor under Article IV, § 6 of the City Charter and 7 of whom are ex-officio members. (b) Of the 30 members appointed by the Mayor: (1) 3 shall be youth representatives from a youth-led advocacy group in Baltimore City; (2) 2 shall be individuals with at least one child enrolled in the Baltimore City Public School System; (3) 1 shall be a licensed clinician with an expertise in trauma and healing; (4) 2 shall be members of the research community with an expertise in trauma and healing; (5) 1 shall be a representative of an organization with an explicit focus on racial equity in its organizational mission statement; (6) 1 shall be an individual between 14 and 25 years of age; (7) 1 shall be a individual licensed to practice in the State of Maryland as a physician with a specialty in pediatrics; (8) 1 shall be a representative of an organization with an explicit focus on lesbian, gay, bisexual, transgender, and queer (LGBTQ) advocacy in its organizational mission statement; (9) 1 shall be a naturalized citizen or a resident alien; (10) 1 shall be an individual who has recently exited from the Maryland correctional system; (11) 1 shall be an employee of the Baltimore City Public School System; (12) 3 shall be representatives from community organizations, nonprofit organizations, or youth organizations that have an expertise in trauma and healing; (13) 2 shall be educators within the Baltimore City Public School System; (14) 2 shall be individuals licensed to practice in the State of Maryland as social workers; and (15) 8 shall be recommended by the City Council President as follows: (i) 2 City Councilmembers as follows: (A) 1 Councilmember with experience as an educator within the Baltimore City Public School System, who shall serve as co-chair if appointed; and (B) 1 Councilmember with experience as a parent of a student within the Baltimore City Public School System; (ii) 1 youth representative from a youth-led advocacy group in Baltimore City; (iii) 1 representative of an organization with an explicit focus on racial equity in its organizational mission statement; (iv) 1 licensed clinician with an expertise in trauma and healing; and (v) 3 representatives from community organizations, nonprofit organizations, or youth-led or youth-oriented organizations that have an expertise in trauma and healing. (c) The 7 ex-officio members of the Task Force are: (1) the Director of the Office; (2) the Commissioner of the Baltimore City Department of Health or the Commissioner’s designee; (3) the Director of the Department of Planning or the Director’s designee; (4) the Director of the Department of Recreation and Parks or the Director’s designee; (5) the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee; (6) the City Council President; and (7) the Youth Commission Chair. *History: Ord. 20-341* *History: Ord. 20-403* ##### § 22-18 Trauma-Informed Care Task Force – Terms, organization, etc. Balt., Md., Code art. 1, § 22-18 (2026) (a) Appointed members serve for a term of 4 years concurrent with the term of the Mayor’s term of office. (b) Members serve on the Task Force without compensation. (c) (1) At the end of a term, an appointed member serves until a successor is appointed and qualifies. (2) A member who is appointed after a term has begun serves out the rest of the term and until a successor is appointed and qualifies. (d) (1) The Task Force shall meet on the call of one or both of the Task Force co-chairs as frequently as required to perform its duties, but not less than 6 times a year. (2) A majority of the members of the Task Force constitutes a quorum for the transaction of business, and an affirmative vote by the majority of a quorum is sufficient for any official action. (e) (1) As provided in this subsection, the Task Force shall have 2 co-chairs designated. (2) Except as provided in paragraph (3) of this subsection, the Mayor may designate any member of the Task Force to serve as 1 of the co-chairs. (3) The City Council President shall designate the City Councilmember serving ex-officio under § 22-17(b)(15)(i)(A) as co-chair of the task force. *History: Ord. 20-341* *History: Ord. 20-403* ##### § 22-19 Trauma-Informed Care Task Force – Staff. Balt., Md., Code art. 1, § 22-19 (2026) The Office shall provide adequate staff for the Task Force to carry out its duties. *History: Ord. 20-341* ##### § 22-20 Trauma-Informed Care Task Force – Duties. Balt., Md., Code art. 1, § 22-20 (2026) The Task Force shall: (1) assist in the identification of all City programs and services that impact children and youth; (2) assist in the development of a citywide strategy toward an organizational culture shift into a trauma-responsive City government; (3) establish metrics, in collaboration with the Baltimore City Department of Health, to evaluate and assess the progress of the citywide trauma-informed care initiative; (4) coordinate and develop with the Baltimore City Department of Health any formal or informal trauma-informed care training; (5) disseminate information within City government regarding best practices for preventing and mitigating the impact of trauma on and facilitating healing with children, youth, and families; (6) advise and assist the Mayor and City Council in providing oversight and accountability in implementing the requirements of this part; (7) perform any other duties as required by the Mayor. *History: Ord. 20-341* ##### § 22-21 Trauma-informed care training. Balt., Md., Code art. 1, § 22-21 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Agency” means: (i) the Baltimore City Fire Department; (ii) the Baltimore City Parking Authority; (iii) the Baltimore Police Department; (iv) the Department of Finance; (v) the Department of Law; (vi) the Department of Housing and Community Development; (vii) the Department of Planning; (viii) the Department of Public Works; (ix) the Department of Recreation and Parks; (x) the Department of Transportation; (xi) the Environmental Control Board; (xii) the Enoch Pratt Free Library of Baltimore City; (xiii) the Mayors Office of Criminal Justice; (xiv) the Mayor’s Office of Employment Development; and (xv) the Mayor’s Office of Homeless Services. (3) “Formal training” means a didactic course or curriculum in trauma-informed care that is: (i) developed by the United States Department of Health and Human Services, Maryland Department of Health, or the Baltimore City Department of Health; and (ii) provided by the Baltimore City Department of Health or its designee in collaboration with the Task Force. (b) Each Task Force member shall participate in at least 1 formal training each year. (c) (1) Subject to paragraphs (2) and (3) of this subsection, each agency head shall designate 2 agency staff members to: (i) participate in at least 1 formal training each year; (ii) collaborate with other agency designees in periodic worksessions and other informal trainings as organized by the Baltimore City Department of Health from time to time; (iii) serve as the principal advisors to the agency head and agency staff in trauma-responsiveness and trauma-informed care; (iv) collaborate with the agency’s equity coordinator, as designated under § 39-8 {“Agency implementation – Equity Coordinator”} of this article, to ensure that the agency’s equity assessment program is trauma-informed and trauma-responsive; (v) assess the agency for training and technical assistance needs related to trauma-responsiveness and trauma-informed care; and (vi) review and make appropriate recommendations to the agency head to align agency policies and practices with a trauma-intensive approach. (2) Of the 2 agency staff members designated under paragraph (1) of this subsection: (i) 1 staff member shall be an individual who: (A) has decision-making authority in developing City policy; or (B) serves as a principal advisor to the agency head; and (ii) 1 staff member shall be an individual who, within the course of the individual’s City employment, routinely and directly interacts with community members. (3) In the event of a vacancy of one or both of the staff members, the agency head shall, within 90 days of the vacancy, designate another staff member to carry out the duties of this subsection. (d) (1) The Baltimore City Department of Health shall provide any technical advisory support to designated agency staff in order for those individuals to carry out their duties under subsection (c)(1) of this section. (2) The Department of Human Resources shall ensure compliance with the requirements of this section and report to the Task Force as necessary any difficulties regarding agency implementation. (e) On or before March 31 of each year, each agency head shall submit to the Task Force a progress report detailing its agency’s progress and compliance with subsection (c) of this section. *History: Ord. 20-341* *History: * ##### § 22-22 Annual report. Balt., Md., Code art. 1, § 22-22 (2026) On or before June 30 of each year, utilizing its established evaluation and assessment metrics and its expertise, the Task Force shall submit a report to the Mayor and City Council containing: (1) an assessment of the implementation of trauma-informed care within each agency as defined in § 22-21(a)(2) of this subtitle; (2) an assessment of the trauma-responsiveness of each agency as defined in § 22-21(a)(2) of this subtitle; and (3) any recommendations regarding improvements to existing laws relating to children, youth, and families in Baltimore City. *History: Ord. 20-341* ### Subtitle 23 – Mayor’s Commission on Disabilities #### § 23-1 Definitions. Balt., Md., Code art. 1, § 23-1 (2026) (a) As used in this subtitle, the following terms have the meanings indicated unless their context clearly indicates otherwise. (b) (c) “City” means the Mayor and City Council of Baltimore, the body corporate as established by the Charter of Baltimore City. (d) “Commission” means the Mayor’s Commission on Disabilities. (e) Any other term used in this subtitle shall be defined as such terms are defined in the Americans with Disabilities Act of 1990, as amended, and the federal regulations promulgated pursuant thereto, as amended. *History: Ord. 93-237* *History: Ord. 22-125* #### § 23-2 Purpose. Balt., Md., Code art. 1, § 23-2 (2026) It is the purpose of this Commission to: (1) advise the City on the accessibility of City facilities, programs, and services for citizens with disabilities; (2) assist the City to comply with the Americans with Disabilities Act of 1990; and (3) assist the City in providing information and education programs to City government, businesses, and industries with regard to reasonable accommodations for employment and other issues concerning persons with disabilities. *History: Ord. 93-237* #### § 23-3 Commission established. Balt., Md., Code art. 1, § 23-3 (2026) There is a Mayor’s Commission on Disabilities. *History: Ord. 93-237* #### § 23-4 Members; associates. Balt., Md., Code art. 1, § 23-4 (2026) (a) (1) The Commission consists of 23 members: (i) a Mayor’s representative; (ii) a representative of the City Council; and (iii) 21 members appointed by the Mayor under Article IV, § 6 of the City Charter as follows: A. 9 persons with disabilities, not employed in the field of disabilities; B. 3 family members of persons with disabilities; and C. 9 representatives of business, industry, community organizations, non-profit organizations, and organizations representing persons with disabilities, at least 3 of whom are persons with disabilities. (2) Of the members appointed under paragraph (1)(iii) of this subsection, at least 1 must be appointed from each of the 14 Council Districts. (3) Each member appointed under paragraph (1)(iii)C of this subsection must work or reside in the City. (b) One representative from each of the following agencies serves as a non-voting associate: (1) Commission on Aging and Retirement Education. (2) Health Department. (3) Department of Recreation and Parks. (4) Department of Planning. (5) Department of Housing and Community Development. (6) Department of Human Resources. (7) Department of Transportation. (8) Law Department. (9) Community Relations Commission. (10) Baltimore City Public School System. (11) Office of Employment Development. (12) Police Department. (13) Department of Social Services. (14) Fire Department. (15) Department of Transportation. (16) Enoch Pratt Free Library. (17) Office of Emergency Management. *History: Ord. 93-237* *History: Ord. 97-141* *History: Ord 04-822* *History: Ord. 08-033* *History: Ord. 15-435* #### § 23-5 Terms, organization, etc. Balt., Md., Code art. 1, § 23-5 (2026) (a) Members serve for a term of 4 years concurrent with the Mayor’s term of office. (b) Members and associates serve without compensation. (c) (1) At the end of a term, an appointed member serves until a successor is appointed and qualifies. (2) A member who is appointed after a term has begun serves out the rest of the term and until a successor is appointed and qualifies. (d) (1) The Commission shall meet on the call of the Mayor or its Chair as frequently as required to perform its duties, but not less than 6 times a year. (2) A majority of the members of the Commission constitutes a quorum for the transaction of business, and an affirmative vote by the majority of a quorum is sufficient for any official action. (e) The Commission may adopt rules to govern its meetings and operations. (f) Any member who is absent from more than 25% of the scheduled regular meetings, not counting absences excused by the Chair, during any 6-month period, shall be considered by the Mayor to have resigned and shall be so notified by the Commission. (g) (1) The Mayor shall designate an appointed member, representing the membership category identified in § 23-4(a)(3)(i), as Chair of the Commission. (2) The Chair may select other officers. (h) The Chair of the Commission may appoint committees to carry out the functions and duties of the Commission. (i) Representatives of state agencies and other organizations that serve the interests of the disabled in Baltimore City may be invited by the Commission to participate in Commission meetings. *History: Ord. 93-237* *History: Ord. 97-141* *History: Ord. 99-526* #### § 23-6 Duties. Balt., Md., Code art. 1, § 23-6 (2026) The Commission shall: (1) assist in the development of a transition plan for the City of Baltimore to address community access to facilities, open spaces, and communications, and advise the Mayor on the implementation of the plan by January 26, 1995; (2) assist in the identification and evaluation of all City programs and services that impact the major life activities of persons with disabilities; (3) recommend modification of services or new services for persons with disabilities; (4) research, assemble, analyze and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs of persons with disabilities; (5) work to eliminate discrimination of persons with disabilities; (6) in consultation with the Division of Occupational Medicine and the Community Relations Commission, institute and conduct educational programs, meetings, and conferences designed to promote equal rights and opportunities for persons with disabilities; (7) cooperate with interested citizens, general community, business, professional, technical, educational, and civic organizations in furthering the interests of persons with disabilities; (8) work jointly with other jurisdictions on conducting similar activities; (9) work to remove inequalities due to unmet needs or discrimination on the basis of disability in the areas of housing, recreation, employment, education, community services, and related matters; (10) cooperate and collaborate with all municipal agencies, including the Division of Occupational Medicine and the Community Relations Commission, to avoid duplication of efforts; (11) provide information to the residents of the City, the Mayor’s Office, the City Council, and various offices of the city, state, and federal government on matters involving the needs of persons with disabilities; (12) recommend programs or legislation as necessary to promote and insure equal rights and opportunities for all persons with disabilities; (13) work to assure that information and referral needs are met and that information about City programs is disseminated; (14) hold a public forum at least yearly to give persons with disabilities an opportunity to voice their concerns; (15) work to assure the development of an effective delivery system of public, private, and consumer resources to all persons with disabilities; (16) assist the Director of the Commission with regard to inquiries, complaints, and other problems with City services for persons with disabilities; (17) assist in the coordination of state and federal programs and services available to the City, business, and industry; and (18) provide other advice as requested by the Mayor, City Council, and municipal agencies. *History: Ord. 93-237* #### § 23-7 Director; staff; budget. Balt., Md., Code art. 1, § 23-7 (2026) (a) In consultation with the Commission, the Mayor shall appoint a Director of the Commission in accordance with Article IV, § 6 of the City Charter. (b) The Director shall perform duties as required by the Mayor to carry out the provisions of this subtitle. (c) Staff may be employed in accordance with the Ordinance of Estimates. (d) The Director may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. *History: Ord. 93-237* #### § 23-8 Reports. Balt., Md., Code art. 1, § 23-8 (2026) (a) The Commission shall submit an annual report to the Mayor and City Council within 2 months of the end of the fiscal year. (b) The Commission shall submit reports on specific subjects at the request of the Mayor, City Council, or municipal agencies. *History: Ord. 93-237* ### Subtitle 24 – Overnight Shelters #### § 24-1 Definitions. Balt., Md., Code art. 1, § 24-1 (2026) (a) A person shall be considered homeless if: (1) the person has no present possessory interest in a living accommodation and lacks the means necessary to obtain such interest; or (2) the person has a possessory interest in a living accommodation but: (i) the person is unable to secure entry to that accommodation; or (ii) occupation of the accommodation would likely lead to violence from another occupant. (b) Adequate shelter is that which to a reasonable degree maintains, protects, and supports human health, is accessible, safe, and sanitary, and has an atmosphere of reasonable dignity. *History: Ord. 94-327* #### § 24-2 Declaration of policy. Balt., Md., Code art. 1, § 24-2 (2026) In the interest of preventing human suffering and reducing the costs of providing medical care and police protection, and in recognition of the need of all persons to adequate overnight shelter, it is the public policy of the City of Baltimore to assist the private sector in providing adequate overnight shelter and services for all homeless persons in Baltimore requesting such shelter and willing to abide by reasonable regulations governing the use of shelter facilities. *History: Ord. 94-327* #### § 24-3 Annual assessments. Balt., Md., Code art. 1, § 24-3 (2026) On or before October 31 of each year, the Office of Homeless Services shall publish an assessment of: (1) the number of homeless persons in the City who desire overnight shelter; and (2) current shelter availability and adequacy. *History: Ord. 94-327* *History: Ord. 02-309* #### § 24-4 Balt., Md., Code art. 1, § 24-4 (2026) Reserved ### Subtitle 25 – Confiscated Assets for Neighborhoods #### § 25-1 Program established. Balt., Md., Code art. 1, § 25-1 (2026) (a) There is a Confiscated Assets for Neighborhoods Grant Program in the Mayor’s Office of Criminal Justice. (b) The purpose of the Grant Program is to fund community-based safety initiatives. *History: Ord. 09-101* #### § 25-2 Funding. Balt., Md., Code art. 1, § 25-2 (2026) (a) Funding for the Grants Program shall derive from a portion of all money confiscated by the Police Department and forfeited to the Mayor and City Council of Baltimore, as appropriated in the Ordinance of Estimates. (b) Each year, this funding shall be allocated among the various police districts, prorated generally according to the percentage that money confiscated from a district in the preceding year bears to all money confiscated Citywide in that year. *History: Ord. 09-101* #### § 25-3 Applications. Balt., Md., Code art. 1, § 25-3 (2026) (a) Any established neighborhood association or other community-based organization active within a police district may apply for a grant from the funds allocated to that district. (b) The application shall contain the information and be in the form that the Mayor’s Office of Criminal Justice requires. *History: Ord. 09-101* #### § 25-4 Review by community relations council. Balt., Md., Code art. 1, § 25-4 (2026) (a) Each application for available grant money in a police district shall be referred for review and recommendation to that district’s community relations council. (b) The community relations council shall submit its recommendations to the Mayor’s Office of Criminal Justice. *History: Ord. 09-101* #### § 25-5 Decisions by Office of Criminal Justice. Balt., Md., Code art. 1, § 25-5 (2026) (a) The Mayor’s Office of Criminal Justice shall make all decisions approving or disapproving an application and, making a grant, may impose any limitations or conditions that it considers necessary or appropriate. (b) All decisions of the Office under this subtitle are final and non-appealable. *History: Ord. 09-101* #### § 25-6 Rules and regulations. Balt., Md., Code art. 1, § 25-6 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Mayor’s Office of Criminal Justice shall adopt rules and regulations to carry out this subtitle and the grant program established under it. (b) Among other things, these rules and regulations may further define: (1) words or phrases used in this subtitle; (2) qualifications for grant applicants; (3) procedures for awarding grants; and (4) procedures for monitoring the use of grant funds. *History: Ord. 09-101* *History: Text Conformed 02/09/21* ### Subtitle 26 – Mayor’s Task Force on Community Collaboration to Overcome Violence #### § 26-1 Definitions. Balt., Md., Code art. 1, § 26-1 (2026) (a) As used in this subtitle, the following terms have the meanings indicated unless their context clearly indicates otherwise. (b) (c) “City” means the Mayor and City Council of Baltimore, the body corporate as established by the Charter of Baltimore City. (d) “Task Force” means the Mayor’s Task Force on Community Collaboration to Overcome Violence. (e) “Violence” means: (1) the harmful use of physical or emotional force by an individual or group against another; also (2) the creation and/or maintenance of conditions that degrade individuals, families, groups, or communities. *History: Ord. 95-615* *History: Ord. 22-125* #### § 26-2 Purpose. Balt., Md., Code art. 1, § 26-2 (2026) It is the purpose of this subtitle to: (1) review and understand the issue of individual, family, community, criminal, and societal violence in Baltimore City; (2) examine the causes of violence; (3) consider methods to prevent the different types of violence; (4) establish systems to deliver existing social, governmental, and economic resources to relieve conditions that may lead to violence; (5) provide information, education, and assistance to communities, businesses, and government about programs that prevent violence; and (6) generally address the need to develop the well being of the citizens of Baltimore City in order to eliminate violence as a means of conflict resolution. *History: Ord. 95-615* #### § 26-3 Task Force created. Balt., Md., Code art. 1, § 26-3 (2026) There is a Mayor’s Task Force on Community Collaboration to Overcome Violence. *History: Ord. 95-615* #### § 26-4 Composition. Balt., Md., Code art. 1, § 26-4 (2026) (a) The Task Force shall consist of 27 members. (b) 16 members shall be appointed by the Mayor pursuant to Article IV, § 6 of the City Charter: (1) 3 members shall be non-profit or public community social workers; (2) 1 member shall be a representative of a community organization; (3) 1 member shall be a representative of the business community; (4) 1 member shall be a senior citizen; (5) 1 member shall be a community psychiatric nurse, nurse practitioner, or a physician; (6) 1 member shall be a public assistance client; (7) 1 member shall be a victim of violence; (8) 1 member shall be a family member of a victim of violent crime; (9) 1 member shall be an ex-offender; (10) 1 member shall be a community public school teacher; (11) 1 representative from the Interdenominational Ministerial Alliance; and (12) 3 other representatives from the Baltimore City religious community. (c) Representatives from the following City agencies shall serve as members of the Task Force who shall serve ex officio: (1) a Mayor’s representative; (2) a representative of the City Council; (3) Police Department –– a community relations officer; (4) Health Commissioner or representative designated by the Commissioner; (5) Commission on Aging and Retirement Education; (6) Baltimore Development Corporation; (7) Office of Employment Development; (8) Department of Planning; (9) Department of Housing and Community Development; (10) Department of Human Resources; (11) Law Department; (12) Community Relations Commission; (13) Department of Education; (14) a representative from the Mayor’s Interagency Task Force on Youth Violence Prevention; and (15) a representative from the Baltimore City Department of Social Services. (d) Of the members appointed under subsection (b), 1 shall be appointed from each of the 6 Councilmanic districts. (e) Members appointed by the Mayor shall be residents of Baltimore City. *History: Ord. 95-615* *History: Ord. 04-822* #### § 26-5 Terms, organization, meetings, etc. Balt., Md., Code art. 1, § 26-5 (2026) (a) Members shall serve for a 4-year term concurrent with the Mayor’s term of office. (b) Members shall serve without compensation. (c) (1) At the end of a term an appointed member serves until a successor is appointed. (2) A member who is appointed after a term has begun serves out the rest of the term and until a successor is appointed and qualifies. (d) (1) The Task Force shall meet on the call of the Mayor or Chair as frequently as required to perform its duties, but not less than 6 times each year. (2) A majority of the members of the Task Force shall constitute a quorum for the transaction of business, and an affirmative vote by the majority of a quorum shall be sufficient for any official action. (e) The Task Force may adopt rules to govern its meetings and operations, which shall be filed with the Department of Legislative Reference. (f) Any member who is absent from more than 25% of the scheduled regular meetings, not counting absences excused by the chair, during any 6-month period, shall be considered by the Mayor to have resigned. (g) The Mayor shall designate an appointed member as Chair of the Task Force. The Task Force may select other officers. (h) The Chair of the Task Force may appoint committees to carry out the functions and duties of the Task Force. (i) Representatives of State and federal agencies and other organizations that serve the interests of the disabled in Baltimore City shall be invited by the Task Force to participate in its meetings *History: Ord. 95-615* *History: Ord. 04-672* #### § 26-6 Duties. Balt., Md., Code art. 1, § 26-6 (2026) The Task Force shall: (1) review and understand the issue of individual, family, community, criminal, and societal violence in Baltimore City; (2) examine the causes of violence; (3) consider methods to prevent the different types of violence; (4) recommend systems to deliver existing social, governmental, and economic resources to relieve conditions that may lead to violence; (5) provide information, education, and assistance to communities, businesses, government, and industries about programs that prevent violence; (6) assist in the identification, establishment, and evaluation of all City programs and services that affect violence prevention; (7) recommend modification of services or new services for the prevention of situations that could lead to violence; (8) cooperate with interested citizens, general community, business, professional, technical, educational, and civic organizations in furthering the violence prevention programs; (9) coordinate with other jurisdictions on sharing violence prevention strategies and information; (10) cooperate and collaborate with all municipal agencies, including the Division of Occupational Safety in the Department of Finance and the Community Relations Commission, to avoid duplication of efforts; (11) compile and provide information to the residents, community organizations, and businesses of the City, the Mayor’s Office, the City Council, and various offices of the City, State, and federal government on matters involving methods and strategies for recognizing and preventing violence; (12) recommend to the Mayor, City, State, and federal programs or legislation to promote violence prevention as a means of conflict resolution; (13) work to assure that information and referral needs are met and that information about City programs is disseminated; (14) hold a public forum at least yearly to give communities an opportunity to voice their concerns regarding violence and the effectiveness of violence prevention programs and to make recommendations to the Task Force; (15) assist in the coordination of State and federal programs and services available to the City, business, and industry to prevent violence; (16) coordinate economic development opportunities that may be available for those citizens and communities in need of violence prevention; (17) develop an information program for the media to disseminate practices, methods, and procedures to be followed to avoid violence; and (18) generally assist in the development of the well being of the citizens of Baltimore City in order to eliminate violence as a means of conflict resolution. *History: Ord. 95-615* *History: Ord. 04-672* *History: Ord. 04-822* #### § 26-7 Staff; funds. Balt., Md., Code art. 1, § 26-7 (2026) (a) Staff may be employed in accordance with the Ordinance of Estimates. (b) The Task Force may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. *History: Ord. 95-615* #### § 26-8 Reports. Balt., Md., Code art. 1, § 26-8 (2026) (a) The Task Force shall submit an annual report to the Mayor and City Council within 2 months of the end of the fiscal year. (b) The Task Force shall submit reports on specific subjects regarding violence at the request of the Mayor, City Council, or municipal agencies. (c) A copy of all reports shall be filed with the Department of Legislative Reference. *History: Ord. 95-615* ### Subtitle 27 – Good Samaritan: Citizen Injured While Aiding Police #### § 27-1 Policy. Balt., Md., Code art. 1, § 27-1 (2026) It is declared to be the policy of the Mayor and City Council of Baltimore, within the limits hereinafter prescribed, to compensate certain private citizens or, in case of death, certain survivors, where injury, property damage, or death result from assisting in law enforcement activities. *History: Ord. 67-1126* #### § 27-2 Board of Estimates may make awards. Balt., Md., Code art. 1, § 27-2 (2026) (a) The Board of Estimates is hereby authorized and empowered in its discretion to make an award for the death of or injury to any private citizen which has been directly caused: (1) while such person is assisting or coming to the aid of a member of the Police Department of Baltimore City while making an arrest or otherwise engaged in enforcing the laws, ordinances, or regulations of the State of Maryland or the City of Baltimore; or (2) while such private citizen: (i) is attempting to prevent the commission of a crime; or (ii) is in fresh pursuit of one who has committed a crime. (b) In deciding on the making of an award in the circumstances above outlined, the Board of Estimates shall have the sole discretion to determine: (1) the amount of the award; (2) to whom it shall be payable in the event that the said citizen suffer death as a result of his intervention; and (3) in the event that such private citizen is not acting in aid of a police officer: (i) whether the crime sought to be prevented was actually occurring and was of such nature as to warrant the intervention of a private citizen; or (ii) whether a crime had occurred and was of such a nature as to warrant pursuit by a private citizen. (c) The award herein authorized may be paid from the Contingent Fund of the Board. (d) The term “private citizen” as used herein shall not include a paid guard or other security officer while engaged in the protection of property or persons he is employed to guard. *History: Ord. 67-1126* #### § 27-3 Limitations on award. Balt., Md., Code art. 1, § 27-3 (2026) (a) Such sum as may be awarded: (1) shall be granted by the Board of Estimates as a matter of grace and not as a matter of right; and (2) shall be such compensation as the Board in its judgment deems to be right and proper under the circumstances, subject to the following limitations. (b) (1) In the case of personal injury, the award shall be limited: (i) to the injured person’s medical, hospital, and other such expenses; and (ii) to his loss of net earning or take-home pay, if any, during the time he is unable to work as a direct result of such injuries. (2) If such person received workmen’s compensation or other insurance payments as a result of such injuries, the award shall be reduced by the amount of such payments. (3) If such person is unemployed and not receiving unemployment insurance at the time of such injuries, the Board in its discretion may award him a sum not exceeding $1,000. (c) In the case of property damage, the award shall be limited to the actual value of the property damaged. (d) (1) In the case of the death of such person, the award shall be to: (i) the surviving spouse; (ii) dependent child or children under the age of 18; (iii) the person responsible for payment of funeral expenses of the deceased citizen; (iv) other dependents or relatives of such deceased citizen to whom he at the time of death was contributing at least 50% financial support; or (v) any combination of the above in the discretion of the Board. (2) Such award may be a lump sum payment in the discretion of the Board or in its discretion may be made in periodic payments not exceeding the amount of such person’s net or take-home wages, salary, or other earned income at the time of such occurrence, or the amount of the special death benefits payable upon the death of a beginning or 1st -year patrolman of the Baltimore City Police Department, as provided, and in the manner provided in Article 22, § 34(i) of the City Code, whichever is less. (3) The Board shall retain continuing jurisdiction over each such case and may change the amount of the periodic payments or stop them altogether at any time, in its best judgment. *History: Ord. 67-1126* #### § 27-4 Procedures. Balt., Md., Code art. 1, § 27-4 (2026) (a) (1) Petitions for such award may be made informally to the Board by a written statement of the circumstances surrounding the incident giving rise to the claim. (2) Such petition for compensation shall be filed with the Board within 1 year of the date of the personal injury, property damage, or death. (b) Upon receiving a claim filed under the provisions of this section, the Board shall refer such claim to the Law Department for full investigation and prompt report to the Board. (c) In the discretion of the Board, a hearing may or may not be held and a payment may be made within the above limits without a hearing. (d) Such payment being a matter of grace and not of right, no appeal shall lie from and no further proceedings shall be had after the decision of the Board in a given case. *History: Ord. 67-1126* #### § 27-5 Rules and regulations. Balt., Md., Code art. 1, § 27-5 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Estimates may adopt and from time to time change reasonable rules and regulations for the administration of this section which are not in conflict with the intent and specific wording hereof. *History: Ord. 67-1126* *History: Text Conformed 02/09/21* #### § 27-6 Assignment and release. Balt., Md., Code art. 1, § 27-6 (2026) Before any payment is made under this subtitle, the claimant: (1) shall execute and deliver to the City an instrument, in such form as may be approved by the City Solicitor, assigning to the City all rights and claims which he may have against third persons as a result of the occurrence for which the claim is being made, up to the amount of the City’s award to such claimant; and (2) shall fully release the City from all claims and liabilities of any kind whatsoever arising out of such occurrence, on a form approved by the City Solicitor. *History: Ord. 67-1126* #### § 27-7 Authorization reduced by like State award. Balt., Md., Code art. 1, § 27-7 (2026) In the event that the State enacts legislation on the same general subject covered by this subtitle, the amounts authorized hereunder shall be reduced by the amount of any benefit paid or payable under such State law. *History: Ord. 67-1126* ### Subtitle 28 – Child First Authority #### § 28-1 Definitions. Balt., Md., Code art. 1, § 28-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Authority” means the Child First Authority. (c) “Board” means the Board of Directors of the Authority. (d) “Executive Director” means the Executive Director of the Authority. *History: Ord. 96-076* #### § 28-2 Authority established; purpose. Balt., Md., Code art. 1, § 28-2 (2026) (a) There is a Child First Authority. (b) The purpose of the Authority is to enhance the development of children in Baltimore City by providing recreational, cultural, academic, and other enrichment programs for children in approximately 40 schools in the City during an extended school day. *History: Ord. 96-076* #### § 28-3 Powers of Authority. Balt., Md., Code art. 1, § 28-3 (2026) (a) The powers of the Authority shall be broadly interpreted to allow the Authority to achieve the purposes of Article II, § (64) of the City Charter and this subtitle. (b) In addition to any other powers specified in this subtitle, the Authority may: (1) acquire, lease, or hold both real and personal property for the purposes of the Authority; (2) engage the services of an Executive Director, which may be an individual or an entity, to administer the programs and undertakings of the Authority; (3) sue and be sued; (4) accept grants and other revenue from individuals and public or private foundations, agencies, organizations, and entities necessary or beneficial to carry out the purposes of the Authority; (5) borrow funds for purposes consistent with the public purposes of the Authority; (6) incur limited-obligation debt that shall be an obligation solely of the Authority; (7) create and enter into partnerships and contracts with the Baltimore City Public Schools to provide services and benefits in exchange for payments in cash or in kind or without charge; (8) contract for and purchase goods and services without being subject to approval by the Board of Estimates, but subject to the provisions of Article 5 of the City Code governing the prevailing wage and governing City policy on encouraging and achieving goals for Minority and Women’s Business Enterprises’ participation in the contracting activities of the Authority; (9) implement the programs and goals of the Authority directly through employees, or through 1 or more contracts, which contracts may be with independent contractors or contractual employees; (10) appoint, hire, or engage such auditors, accountants, attorneys, assistants, aides, employees, and advisors as it deems necessary and consistent with this subtitle; and (11) do all other things necessary or convenient to carry out the purposes and powers of the Authority. (c) (1) To the extent not specifically made subject to laws and procedures that would otherwise apply to any unit of the City government, the Authority is exempt from those laws and procedures. (2) However, if the Authority is given direct City funding, the receipt and expenditure of those funds are subject to the powers and authority of the Board of Estimates. *History: Ord. 96-076* *History: Ord. 19-334* #### § 28-4 Limitations on Authority. Balt., Md., Code art. 1, § 28-4 (2026) (a) The Authority may not: (1) be or constitute or be deemed an agency of the Mayor and City Council of Baltimore or the State of Maryland, and its officers and employees may not act as agents or employees of the Mayor and City Council of Baltimore or the State of Maryland; (2) exercise any power specifically withheld by the terms of the Charter or this subtitle; (3) exercise any police powers other than those expressly authorized by state or local law; (4) pledge the full faith and credit of the City or otherwise obligate the City to any debt, obligation, or contract; (5) have any taxing authority; or (6) exercise the power of eminent domain. (b) The Authority shall indemnify and hold harmless the Mayor and City Council of Baltimore and its officers, agents, and employees against all acts, conditions, damages, suits, claims, and liabilities arising out of or in connection with any activities of the Authority or of its board, executive director, officers, agents, or employees. *History: Ord. 96-076* #### § 28-5 Board of Directors. Balt., Md., Code art. 1, § 28-5 (2026) (a) (1) The Authority shall be governed and administered by its Board of Directors. (2) The Board members shall be appointed and serve the terms prescribed by the Authority’s Bylaws. (b) (1) The Board shall adopt, and may amend from time to time, Bylaws, not inconsistent with the Charter or this subtitle, for the administration of the Authority. (2) Except as may be restricted by the Charter or this subtitle, the Board may adopt rules and regulations to carry out this subtitle. (c) (1) The Bylaws shall provide for officers of the Authority, including a president, vice-president, treasurer, secretary, and any other officers deemed necessary or appropriate, and shall specify their qualifications, terms, and duties. (2) The Board shall select from among its members individuals to serve as officers of the Board and may delegate to those officers the responsibilities the Board deems appropriate. (d) All powers of the Authority shall be exercised by the Board, unless delegated by the Board to 1 or more of the officers or to the Executive Director. *History: Ord. 96-076* *History: Ord. 19-334* #### § 28-6 Executive Director. Balt., Md., Code art. 1, § 28-6 (2026) (a) (1) The Executive Director may exercise the powers granted to the Authority under this subtitle. (2) However, the Board shall retain final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority. (b) The Executive Director shall: (1) be responsible for the day-to-day operations of the Authority and its employees and contractors; (2) prepare the financial plan for review and approval by the Board; (3) implement the approved financial plan and arrange for the collection and disbursement of all charges, fees, and revenues of the Authority; (4) establish procedures and processes necessary to perform the functions called for under the financial plan and the budget; (5) hire and retain the employees, agents, and contractors needed to perform the functions of the Executive Director, subject to the requirements of § 28-3(b)(8) of this subtitle; (6) be the agent of the Authority; and (7) have such further rights, powers, and authority as granted by the Board. (c) Any limitations on the powers and authority of the Board shall apply as well to the Executive Director in performing the functions charged to the Executive Director by this subtitle or by the Board. *History: Ord. 96-076* *History: Ord. 19-334* ### Subtitle 29 – Violence Prevention #### §§ 29-1 to 29-9 Balt., Md., Code art. 1, § 29-1 to 29-9 (2026) Reserved #### § 29-10 Biennial violence prevention strategy plan. Balt., Md., Code art. 1, § 29-10 (2026) (a) On or before January 31 of each odd-numbered year, the Baltimore City Department of Health shall present to the City Council a comprehensive violence prevention strategy plan for the subsequent 2 years. (b) (1) The Baltimore City Department of Health shall coordinate and develop the plan in direct consultation with: (i) the Baltimore City Department of Housing and Community Development; (ii) the Baltimore City Department of Public Works; (iii) the Baltimore City Department of Recreation and Parks; (iv) the Baltimore City Department of Social Services; (v) the Baltimore City Department of Transportation; (vi) the Baltimore City Fire Department; (vii) the Baltimore City Police Department; (viii) the Baltimore City Public School System; (ix) the Baltimore City State’s Attorney’s Office; (x) the Governor’s Office of Crime Control and Prevention; (xi) the Housing Authority of Baltimore City; (xii) the Mayor’s Office of Children and Family Success; (xiii) the Mayor’s Office of Emergency Management; (xiv) the Mayor’s Office of Homeless Services; and (xv) the State Department of Juvenile Services. (2) Only the entities listed in paragraph (1) of this subsection that are municipal agencies as defined in City Charter Article I, § 2(j) {“Definitions: Municipal agency”} are required to assist and participate with the Baltimore City Department of Health in this endeavor. (c) (1) The plan required by this section shall focus on the social determinative outcomes of health, as described by the Centers for Disease Control and Prevention, by: (i) analyzing available City data regarding criminal justice, health, education, public works, transportation, housing, lead paint, drug overdoses, and any other relevant dataset; (ii) outlining public health and safety strategies, including setting goals for prevention, intervention, enforcement, rehabilitation, and re-entry; (iii) setting forth holistic, non-policing efforts aimed at violence prevention; (iv) establishing goals, priorities, and standards for the prevention of violence, the reduction of harm, the remediation of trauma, and the overall improvement of health disparities within Baltimore City; and (v) utilizing any other data, metric, or methodology that the Department of Health believes to be within the best practices for the prevention of violence, the reduction of harm, the remediation of trauma, and the overall improvement of health disparities within Baltimore City. (2) After the initial plan, each subsequent plan under this section must include an analysis, utilizing qualitative and quantitative data, of the specific strategies outlined in the previous plan in order to assess the effectiveness of those strategies. (d) (1) The plan required by this section shall be posted prominently for public comment on the City’s website for no less than 30 days prior to its submission to the City Council. (2) After the public comment period has concluded and prior to submission to the City Council, the Baltimore City Department of Health may amend or revise its plan to: (i) reflect the public comments received; or (ii) include updated data. (3) Any comments received shall be included with the plan on its submission to the City Council. (e) No later than January 31 of each even-numbered year, the Baltimore City Department of Health shall submit to the Mayor and City Council an interim progress report detailing the progress of the plan submitted in the previous year, including: (1) an analysis, assessment, and, if necessary, re-evaluation of any relevant data, strategies, and priorities from the previous year; and (2) any public education or engagement measures taken or to be taken based on that data to assist in the prevention of violence, the reduction of harm, the remediation of trauma, and the overall improvement of health disparities within Baltimore City. *History: Ord. 20-364B* *History: Ord. 22-124* ### Subtitle 29A – Public Safety Apprenticeship Program #### § 29A-1 Definitions. Balt., Md., Code art. 1, § 29A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Cadet” means a participant in the Public Safety Apprenticeship Program who: (1) has been hired into a specialized training program aimed at introducing young adults to public safety careers; and (2) is at least 18 but no more than 21 years old. (c) “Department” means the Baltimore City Fire Department. (d) “Explorer” means a participant in the Public Safety Apprenticeship Program who is: (1) a Baltimore City resident; (2) enrolled in a public, public charter, private, or parochial school within Baltimore City; and (3) at least 11 but no more than 18 years old. (e) “Public safety agency” means the following: (1) Baltimore City Fire Department; (2) Baltimore City Police Department; (3) Baltimore City Office of Emergency Management; (4) Baltimore City Sheriff’s Office; and (5) Baltimore City School Police. (f) “Public Safety Apprenticeship Program” or “Program” means a program for recruiting, mentoring, training, and hiring a new generation of Baltimore City youth and young adults to prepare them for careers in law enforcement, fire suppression, emergency medical services, and emergency management. (g) “Public Safety Cadet Post” or “Cadet Post” means the branch of the Program that engages participants who are at least 18 but no more than 21 years old. (h) “Public Safety Explorer Post” or “Explorer Post” means the branch of the Program that engages participants who are at least 11 but no more than 18 years old. (i) “Public safety internship” means an 8 to 10 week paid summer internship in a Baltimore City public safety agency for participants in the Program who are at least 14 but no more than 18 years old. #### § 29A-2 Program establishment. Balt., Md., Code art. 1, § 29A-2 (2026) (a) There is a Public Safety Apprenticeship Program in Baltimore City, consisting of: (1) the Public Safety Explorers Post; and (2) the Public Safety Cadet Post. (b) The Program shall be staffed with a reasonable number of uniformed and non-uniformed personnel who are full-time members of a public safety agency. (c) (1) By January 1, 2023, each participating public safety agency shall develop and implement their own local Public Safety Explorers Post. (2) The goals and objectives of the Explorers Post are to: (i) expose youth in Baltimore City to public safety careers; (ii) serve as a local recruitment tool for future men and women in public safety professions; (iii) build better community relations efforts in Baltimore City between public safety agencies, youth, and the community; (iv) utilize active personnel within each of Baltimore City’s public safety agencies to serve as recruiters, mentors, and trainers; and (v) develop programming that builds character, develops leadership skills, and fosters an appreciation for community service and good citizenship. (3) In order to be eligible to participate in the Explorers Post, an individual shall: (i) have approval from the individual’s parent or guardian; (ii) be at least 11 but no more than 18 years old; (iii) be a Baltimore City resident; (iv) be enrolled in a Baltimore City-based public, public charter, private, or parochial school; and (v) be able to safely perform the duties of an explorer without posing a threat to the health and safety of themselves or others. (d) (1) The public safety internship will provide youth who are current participants in the Program with the opportunity to take part in an 8 to 10 week paid summer internship with a public safety agency. (2) In order to be eligible for a public safety internship under the Program, an individual shall: (i) be at least 14 but no more than 18 years old; (ii) have attended a reasonable number of Explorer Post Activities as determined by the host agency within the fiscal year immediately preceding the application period; (iii) be enrolled in a Baltimore City-based public, public charter, private, or parochial school; (iv) at the time of entry into the Program, have and maintain a minimum of a “C” average in school; (v) be able to safely perform the duties of an explorer without posing a threat to the health and safety of themselves or others. (vi) complete all documentation required by the Department; and (vii) participate in a formal interview process with representatives from public safety agencies. (3) Each participating public safety agency shall develop and implement their own specialized curriculum of modules that expose public safety internship participants to the various uniformed and non-uniformed career paths with the public safety agency. (e) (1) The Public Safety Cadet Post shall provide eligible individuals who are participants in the Program with the opportunity to: (i) be hired by a public safety agency in the career track of the participant’s choice; and (ii) receive on-the-job training and skills development for a period of not more than 3 years. (2) In order to be eligible to participate in the Public Safety Cadet Post, an individual shall: (i) be at least 18 years old but no more than 21 years old; and (ii) meet all of the hiring requirements in accordance with: (A) the Baltimore City Administrative Manual; and (B) the rules and regulations governing the public safety agency chosen by the cadet. (3) Beginning in fiscal year 2023, the Cadet Post shall use a phased-in approach to hire a minimum number of young adults to serve in the law enforcement career track or the fire and emergency medical services career track in the following sequence: (i) in fiscal year 2023: (A) 10 Emergency Medical Technician (“EMT”)/firefighter cadets; and (B) 10 police cadets; (ii) in fiscal year 2024: (A) 15 EMT/firefighter cadets; and (B) 15 police cadets (iii) in fiscal year 2025: (A) 20 EMT/firefighter cadets; and (B) 20 police cadets; (iv) in fiscal year 2026: (A) 25 EMT/firefighter cadets; and (B) 25 police cadets; and (v) beginning in fiscal year 2027, if funding is available, each agency shall continue to hire a minimum of 25 cadets in each career track. (4) Fire Department cadet duties shall include: (i) completion of all Baltimore City Fire Academy training modules and certifications; (ii) an academy and field operations training rotation lasting 18 months; and (iii) all administrative functions that fall into this classification of work as prescribed by the public safety agency. (5) Law enforcement cadet duties shall include: (i) maintaining and filing records; (ii) operating office computers and machines; (iii) answering telephones; (iv) entering and indexing official documents; (v) preparing routine reports; (vi) preparing and tabulating facts and figures for statistical purposes; and (vii) all other administrative functions that do not require law enforcement authority. #### § 29A-3 Program funding. Balt., Md., Code art. 1, § 29A-3 (2026) (a) Program funding shall be subject to an appropriation of funds in accordance with the City Charter. (b) An appropriate allocation of funds may be provided for miscellaneous costs associated with the public safety internship, including transportation fees for participants. #### § 29A-4 Compensation. Balt., Md., Code art. 1, § 29A-4 (2026) (a) Subject to the availability of funds, on or before July 1, 2023, individuals hired to participate in the 8 to 10 week public safety internship shall be paid an amount determined by the Board of Estimates. (b) Subject to the availability of funds, individuals selected to participate in the Cadet Post shall receive a benefits and compensation package as determined by the Board of Estimates. #### § 29A-5 Annual Report. Balt., Md., Code art. 1, § 29A-5 (2026) (a) (1) On or before June 30 of each year, the Department shall report to the Mayor and City Council of Baltimore the following information regarding the Public Safety Apprenticeship Program: (i) the number and location of recruitment and outreach events that the Program hosted and participated in; (ii) the number of active youth and young adults who participated in at least 60% of the activities hosted by the Explorers Post broken down by sex, age, race, and ethnicity; (iii) the curriculum, modules, and other learning materials that were used for programming to build character, develop leadership, and develop an appreciation for community service and good citizenship; (iv) the number of youth and young adults selected to participate in the public safety internship broken down by sex, age, race, and ethnicity; and (v) the number of youth and young adults hired into the Public Safety Cadet Post broken down by sex, age, race, and ethnicity. (2) The information required under paragraph (1) of this subsection: (i) may not include participants’ names; and (ii) shall be disaggregated by race and gender. (b) On or before June 30 of each year, the Department shall report the to the Mayor and City Council of Baltimore the following information from the previous fiscal year: (1) the total amount of funds that were appropriated to the Public Safety Apprenticeship Program; (2) the remaining balance of unused funds that were appropriated to the Public Safety Explorers Post; (3) the administrative, operational, and programming costs associated with the public safety internship; (4) the administrative, personnel, and training costs associated with the Public Safety Cadet Post; and (5) the personnel cost to staff the Public Safety Apprenticeship Program with uniformed personnel. (c) On or before June 30 of each year, the Baltimore City Fire Department shall publish copies of the reports described in this section on the Department’s website. *History: Ord. 22-147* ### Subtitle 30 – Medical Treatment For Service-Connected Disabilities of Retired Policemen and Firemen #### § 30-1 Program established. Balt., Md., Code art. 1, § 30-1 (2026) (a) The Board of Estimates is hereby authorized and empowered in its discretion, upon proper application by retired policemen and firemen of the City of Baltimore, in cases where such retirement has been occasioned by disabilities sustained in the line of duty, to provide for continuing medical treatment of such retirees. (b) Such treatment may be provided at such place or places as the Board may authorize; or in lieu thereof the Board may make a payment to such retiree, payable during disability or in a lump sum, in its discretion; or the Board may provide both medical treatment and a sum of money if the circumstances of a particular case require it. *History: Ord. 70-885* #### § 30-2 Delegation of implementation. Balt., Md., Code art. 1, § 30-2 (2026) (a) After having passed upon a case in first instance, the Board may delegate to the retiree’s former department or to a suitable department or agency of the City the implementation of its award and the question of whether or not such award is to be permanent or temporary in nature. (b) In each case, however: (1) the Board retains jurisdiction and responsibility for the execution of this subtitle in accordance with its declared intent; and (2) any decision by a subordinate official or agency may be informally appealed or brought before the Board for review. *History: Ord. 70-885* #### § 30-3 Rules and regulations. Balt., Md., Code art. 1, § 30-3 (2026) (a) The Board is authorized and empowered to promulgate and adopt suitable rules and regulations for the implementation of this section. (b) Such rules shall provide generally for: (1) the determination of what medical treatment is required in a particular case; (2) the approximate amount to be allowed; (3) where such retirees should be treated, if at all, and by whom, using City facilities and personnel where practicable; and (4) whether a sum of money should be payable in lieu of medical services or in addition thereto. *History: Ord. 70-885* #### § 30-4 Procedures. Balt., Md., Code art. 1, § 30-4 (2026) (a) Upon retirement of a City policeman or fireman because of injuries sustained in line of duty and in cases where such disability is continuing, he may informally petition the Board for the services or payments herein provided. Such petition may be by a letter or other document referring the Board to his departmental case. (b) Upon receipt of such petition, the Board may: (1) refer such matter back to the department from which the claimant has been retired for full investigation and prompt report to the Board; or (2) refer such claim to any other agency of the City, including the Law Department for investigation by its Central Bureau of Investigation. (c) (1) Upon receipt of such report, the Board shall act in disposing of the claim before it. In doing so it may act solely upon the record before it or it may call the claimant and other witnesses to aid in its determination of such matter. (2) Where there is a dispute as to whether a retiree’s medical condition is service-connected and should be compensated under this section, a decision of the Board after full investigation shall be deemed final and conclusive. *History: Ord. 70-885* #### § 30-5 Other payments as offset. Balt., Md., Code art. 1, § 30-5 (2026) Any other payments now or hereafter financed wholly or in part from public funds, including but not limited to workmen’s compensation, intended to meet the same expense or provide the same service with respect to the same medical condition, shall serve as an offset against the payments herein provided. *History: Ord. 70-885* #### § 30-6 Award. Balt., Md., Code art. 1, § 30-6 (2026) (a) Such sum as may be provided herein or such services as may be furnished shall be such as the Board in its judgment determines to be right and proper under the circumstances. (b) And the decision of the Board in any particular case, or in any stage of any such case, shall be final and conclusive and not subject to appeal. *History: Ord. 70-885* #### § 30-7 Funding. Balt., Md., Code art. 1, § 30-7 (2026) (a) Funding of this compensation provision during the City Fiscal Year 1970-71 shall be from the respective budget of the Police and Fire Departments. (b) After such initial year, funds to sustain awards shall be available as provided in the Ordinance of Estimates. *History: Ord. 70-885* ### Subtitle 31 – Occupational Medical Service and Occupational Safety #### § 31-1 Occupational Medical Service – established. Balt., Md., Code art. 1, § 31-1 (2026) There is a City of Baltimore Occupational Medical Service in the Department of Finance, Office of Risk Management. *History: Ord. 80-057* *History: Ord. 94-370* *History: Ord. 04-822* #### § 31-2 Occupational Medical Service – duties. Balt., Md., Code art. 1, § 31-2 (2026) The Occupational Medical Service shall: (1) establish medical procedures and standards at all City medical facilities for employees and assure conformity with such procedures and standards; (2) examine and treat patients at a central medical services clinic; (3) monitor the quality of medical treatments for all City employees; (4) investigate and evaluate all City employee safety and health hazards, including but not limited to toxic materials, and establish programs to eliminate and reduce hazards; (5) evaluate medical cases of patients, including employees with disability claims, at all City medical facilities and recommend upon their disposition; (6) cooperate with and assist the Law Department and other City agencies involved in Workers’ Compensation Commission claims and disability retirement claims and matters relative thereto, improving all types of claims management and loss control; (7) develop and maintain programs for controlling sick leave, substance abuse, and disability of all City employees and for monitoring and reducing absenteeism; (8) cooperate with public health agencies in improving the quality of occupational medicine; (9) maintain a system of uniform medical records; and (10) develop and maintain programs to enhance the professional education of all employees involved in occupational medicine. *History: Ord. 80-057* *History: Ord. 94-370* *History: Ord. 04-822* #### § 31-3 Balt., Md., Code art. 1, § 31-3 (2026) Reserved #### § 31-4 Division of Occupational Safety — established. Balt., Md., Code art. 1, § 31-4 (2026) There is a Division of Occupational Safety in the Department of Finance, Office of Risk Management. *History: Ord. 80-057* *History: Ord. 94-370* *History: Ord. 04-822* #### § 31-5 Division of Occupational Safety — duties. Balt., Md., Code art. 1, § 31-5 (2026) The Division of Occupational Safety shall: (1) develop and administer City-wide safety programs for the prevention of accidents, illnesses, and injuries; (2) develop and monitor safety programs in City departments, boards, commissions, and agencies and work with agency safety personnel to assure the effectiveness of said programs; (3) advise the Mayor, the Director, and City agencies in all aspects of employee safety and the safety of the public related to City activities; (4) investigate and report upon occupational injuries and illnesses and maintain a related record system designed to reduce occupational hazards and ensure responsibility and compliance by all City departments, boards, commissions, and agencies; (5) assure the adherence of City agencies to City safety policies; (6) keep abreast of all laws and regulations affecting employee safety and advise City management thereon; (7) maintain relationships with appropriate federal and state regulatory agencies affecting safety and with relevant professional organizations; and (8) develop and maintain programs to enhance the professional education of all employees involved in safety activities. *History: Ord. 80-057* *History: Ord. 94-370* ### Subtitle 32 – Social Services Commission #### § 32-1 Commission established. Balt., Md., Code art. 1, § 32-1 (2026) There is a Social Services Commission, as established in Article VII, § 58 of the City Charter. *History: Ord. 02-402* #### § 32-2 Composition. Balt., Md., Code art. 1, § 32-2 (2026) The Commission comprises the following 13 members: (1) the Mayor or the Mayor’s designee; (2) the Commissioner of Health or the Commissioner’s designee; (3) the City Council President or the President’s designee; and (4) 10 members appointed by the Mayor and confirmed by the City Council in accordance with Article IV, § 6 of the City Charter. *History: Ord. 02-402* #### § 32-3 Tenure. Balt., Md., Code art. 1, § 32-3 (2026) (a) The term of an appointed member expires at the end of the Mayor’s term of office. (b) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. *History: Ord. 02-402* #### § 32-4 President. Balt., Md., Code art. 1, § 32-4 (2026) (a) The Mayor shall designate one of the appointed members to serve as President of the Commission. (b) The member so designated serves as President at the pleasure of the Mayor. *History: Ord. 02-402* #### § 32-5 Powers and duties. Balt., Md., Code art. 1, § 32-5 (2026) The Commission has the powers and duties prescribed by State and City law. *History: Ord. 02-402* ### Subtitle 33 – Nuclear-Free Zone #### Part 1 – General Provisions ##### § 33-1 Definitions. Balt., Md., Code art. 1, § 33-1 (2026) (a) For the purposes of this subtitle, the following definitions apply: (b) “The Development Commission” is that which is set forth in Article VII, §§111 through 113 of the City Charter. (c) “Component of a nuclear weapon” is any device, radioactive or non-radioactive, specifically designed to be installed in and to contribute to the operation of a nuclear weapon. (d) “Direct activities of the federal government” means actions of the federal government or any agency thereof created by statute, but does not include actions of independent contractors. (e) (1) “Nuclear weapon” is any device, the purpose of which is use as a weapon, a weapon prototype, or a weapon test device, the intended detonation of which results from the energy released by fission and/or fusion reactions involving atomic nuclei. (2) “Nuclear weapon” includes the weapon’s guidance and propulsion system and triggering mechanism, i.e., the means of transporting, guiding, propelling, triggering, or detonating the weapon, provided that such means is destroyed or rendered useless in the normal transporting, guiding, propelling, triggering, or detonation of the weapon. (f) (g) “Radioactive materials” are any radioactive materials, or their radioactive by-products, which are generated, refined, or made radioactive by any government agency or pursuant to federal or state government contract or license, and including that which the federal government classified as low-level radioactive waste as of January 1, 1989, but which may be classified as below regulatory concern after that date. *History: Ord. 92-012* *History: Ord. 92-013* *History: Ord. 92-014* *History: Ord. 92-015* *History: Ord. 22-125* #### Part 2 – Nuclear Weapons ##### § 33-2 Exclusions. Balt., Md., Code art. 1, § 33-2 (2026) Nothing in this Part shall be construed to prohibit: (1) any activity not specifically described in this Part; (2) basic research and/or any writing or speech devoted to public commentary or debate or other speech protected by the First Amendment of the United States Constitution; (3) the use, storage, or treatment and disposal of radioactive materials used in basic academic research, medical research, or the diagnosis and treatment of patients; (4) consumer uses of radioactive material for smoke detectors, light emitting watches or clocks, industrial radiography and tracer processes, and other similar incidental applications; (5) direct activities of the federal government or its employees; (6) the transportation of radioactive materials to and through the Port of Baltimore; and (7) research, development, and manufacturing associated with biotechnology. *History: Ord. 92-012* ##### § 33-3 Nuclear weapons work prohibited. Balt., Md., Code art. 1, § 33-3 (2026) (a) No person shall knowingly within the City of Baltimore design, produce, deploy, launch, maintain, or store nuclear weapons or components of nuclear weapons. (b) In the case of persons with existing contractual agreements for any of the aforementioned activities, this prohibition shall take effect 3 years after the adoption and publication of this Part; otherwise, this Part takes effect upon enactment. (c) No person who is not, as of the effective date of this Part, engaged in the design, production, deployment, launching, maintenance or storage of nuclear weapons or components of nuclear weapons, shall, within the City of Baltimore, commence any such activities after the effective date of this Part. *History: Ord. 92-012* ##### § 33-4 Redirection of resources towards human needs. Balt., Md., Code art. 1, § 33-4 (2026) (a) (1) The Development Commission shall determine if any businesses are affected by this Part. (2) The Development Commission shall then, if necessary: (i) solicit testimony from the public; (ii) prepare a plan for the conversion to other uses of resources and physical plants affected by this Part; and (iii) develop within this plan, a list of suggested alternative sources of employment for persons currently employed in the nuclear weapons industry. (3) The conversion plan shall be completed within 3 years of the adoption of this Part. (b) (1) The Commission shall issue an interim report on its progress within 18 months following the Commission’s first meeting. (2) This interim report shall be presented to the City Council, and copies shall be made available to the news media for public dissemination. *History: Ord. 92-012* ##### § 33-5 Nuclear-free zone signs. Balt., Md., Code art. 1, § 33-5 (2026) (a) The City shall post and maintain appropriate signs at recognized entrances to the City and in City Hall, proclaiming Baltimore City’s status as a nuclear-free zone. (b) When posted on City streets or on state or federally supported roads entering Baltimore City, such signs shall conform with the standards set forth in § 28-44 of the Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways. *History: Ord. 92-012* ##### § 33-6 Civil enforcement. Balt., Md., Code art. 1, § 33-6 (2026) Any taxpayer domiciled in the City of Baltimore, any person aggrieved by a violation of this Part, or the Mayor and City Council of Baltimore, is authorized to institute an action in the appropriate court of law having jurisdiction, seeking declaratory, injunctive or other appropriate judicial relief for the purpose of enforcing this Part and enjoining or restraining any violations of this Part. *History: Ord. 92-012* #### Part 3 – Nuclear-Free Purchasing ##### § 33-7 Nuclear-free purchasing by City. Balt., Md., Code art. 1, § 33-7 (2026) Whenever practicable, and subject to approval by the Board of Estimates, all City departments, agencies, boards, commissions, officers, and employees who purchase or lease goods and services for the City of Baltimore shall make good faith efforts not to contract for, purchase, or lease goods or services produced, sold, distributed, or supplied by manufacturers of nuclear weapons or components. *History: Ord. 92-013* #### Part 4 – Disposal of Radioactive Materials ##### § 33-8 Exclusions. Balt., Md., Code art. 1, § 33-8 (2026) Nothing in this Part shall be construed to prohibit: (1) any activity not specifically described in this Part; (2) the use, storage, or treatment and disposal of radioactive materials used in basic academic research, medical research, or the diagnosis and treatment of patients; (3) consumer uses of radioactive material for smoke detectors, light emitting watches or clocks, industrial radiography and tracer processes, and other similar incidental applications; and (4) direct activities of the federal government or its employees. *History: Ord. 92-014* ##### § 33-9 Disposal of radioactive materials prohibited. Balt., Md., Code art. 1, § 33-9 (2026) Except as specifically exempted in this Part, no person shall incinerate or dispose of radioactive materials, for any purpose, within Baltimore City or within landfills or incinerators owned or licensed by Baltimore City. *History: Ord. 92-014* ##### § 33-10 Penalties. Balt., Md., Code art. 1, § 33-10 (2026) (a) Each violation of this Part shall be punishable by a $1,000 fine. (b) Each day of violation shall be deemed a separate violation. *History: Ord. 92-014* #### Part 5 – Transportation of Radioactive Materials ##### § 33-11 Exclusions. Balt., Md., Code art. 1, § 33-11 (2026) Nothing in this Part shall be construed to prohibit: (1) any activity not specifically described in this Part; (2) the transportation of radioactive materials used in basic academic research, medical research, or the diagnosis and treatment of patients; (3) consumer uses of radioactive material for smoke detectors, light emitting watches or clocks, industrial radiography and tracer processes, and other similar incidental applications; (4) direct activities of the federal government or its employees; and (5) the transportation of radioactive materials to and through the Port of Baltimore. *History: Ord. 92-015* ##### § 33-12 Restrictions on transportation of radioactive materials. Balt., Md., Code art. 1, § 33-12 (2026) (a) Within 2 years of the effective date of this Part, the Office of Disaster Control and Civil Defense shall prepare a report for the City Council covering the following areas: (1) a determination of which existing federal, state, and local laws can be used to control the transportation of radioactive materials; (2) a survey of shippers and recipients of radioactive materials in or near the municipality; (3) a consideration of alternative routes to those presently allowed under 49 C.F.R., using DOT guidelines and local safety analyses, and cooperating with state routing agencies where applicable; and (4) an emergency response plan and assessment of capabilities for accidents involving radioactive materials transport. (b) The Board of Fire Commissioners of Baltimore shall request that state officials notify Baltimore City’s Fire Communication Center of the transportation of radioactive materials, based upon the requirements of federal law, 10 C.F.R. 171.97(c)3, which requires shippers to notify the state governor or his designees, no less than 96 hours prior to such shipments. *History: Ord. 92-015* ### Subtitle 34 – Baltimore City Office of Sustainability #### § 34-1 Definitions. Balt., Md., Code art. 1, § 34-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Carbon offset” means one metric ton of carbon dioxide equivalent (CO2e) that is kept out of the atmosphere by either: (1) preventing the creation of the emissions; or (2) sequestering carbon in: (i) vegetation; (ii) soils; (iii) rock; or (iv) water. (c) “Director” means the Director of Planning or the Director’s designee. (d) “Environmental justice” means the fair treatment of all individuals regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. (e) “Greenhouse gas” includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. (f) “Net-zero emissions” means the balancing of greenhouse gas emissions with emissions off-sets that cause an equivalent reduction of greenhouse gas emissions. (g) “Office” means the Baltimore City Office of Sustainability. *History: Ord. 07-484* *History: Ord. 22-125* *History: Ord. 22-131* #### § 34-2 Balt., Md., Code art. 1, § 34-2 (2026) Reserved #### § 34-3 Office established. Balt., Md., Code art. 1, § 34-3 (2026) (a) There is a Baltimore City Office of Sustainability. (b) The Office is a Division in the Department of Planning. *History: Ord. 07-484* #### § 34-4 Sustainability Manager. Balt., Md., Code art. 1, § 34-4 (2026) The Director of Planning shall employ a Sustainability Manager. *History: Ord. 07-484* #### § 34-5 Staff and consultants. Balt., Md., Code art. 1, § 34-5 (2026) The Director may employ a staff and may contract for consultants and other experts as provided in the Ordinance of Estimates. *History: Ord. 07-484* #### § 34-6 Balt., Md., Code art. 1, § 34-6 (2026) Reserved #### § 34-7 Mission of Office. Balt., Md., Code art. 1, § 34-7 (2026) (a) A sustainable community is one in which economic, ecological, and social well-being are integrated to ensure all live well, within nature’s means. (b) (1) The mission of the Office is to develop and advocate for programs, policies, and actions by government, citizens, and businesses that lead to sustainable communities in the City. (2) These programs, policies, and actions include those that: (i) support a diverse and vibrant economy; (ii) promote an equitable distribution of resources; (iii) protect and restore the integrity of the natural systems that support life, including air, water, and land; (iv) preserve the diversity of plant and animal life; and (v) reduce human impacts on local and worldwide ecosystems. *History: Ord. 07-484* #### § 34-8 Balt., Md., Code art. 1, § 34-8 (2026) Reserved #### § 34-9 Sustainability and Environmental Management Program. Balt., Md., Code art. 1, § 34-9 (2026) (a) The Office shall develop a Sustainability and Environmental Management Program for the City. (b) (1) The Program shall incorporate the Sustainability Plan developed by the Commission on Sustainability and any other recommendations made by the Commission. (2) The Program shall include appropriate measures for: (i) developing, implementing, and coordinating City policies that make all City operations achieve; (A) by January 1, 2025, a 30% reduction in greenhouse gas emissions from 2007 levels; (B) by January 1, 2030, a 60% reduction in greenhouse gas emissions from 2007 levels; and (C) by January 1, 2045, net-zero emissions, as defined in § 34-1(f) of this subtitle; (ii) developing or coordinating City policies and programs that will improve environmental performance in City operations; (iii) facilitating the City’s compliance with federal, state, and local environmental regulations; (iv) advancing the City’s environmental priorities; (v) integrating sustainability and environmental values into City plans, programs, and policies; and (vi) setting sustainability and environmental targets and objectives for the City. (c) The Office shall oversee implementation of the Program. *History: Ord. 07-484* *History: Ord. 22-131* #### § 34-10 Support for other programs and policies. Balt., Md., Code art. 1, § 34-10 (2026) (a) The Office shall seek to assure proper City support for the City’s green building, energy policy, and solid waste and recycling programs. (b) To this end, the Office shall: (1) direct and evaluate energy policy and global warming action plan implementation; (2) administer and monitor direct City government energy efficiency activities; (3) review City policies and programs for consistency with the policy; (4) make recommendations to the City Council on the policies and programs; and (5) administer and monitor programs in support of green building and sustainable development principles. *History: Ord. 07-484* #### § 34-11 Director’s powers and duties – In general. Balt., Md., Code art. 1, § 34-11 (2026) The Director shall: (1) prepare and update annually a sustainability and environmental management planning agenda for the City; (2) report to the Mayor and City Council on the performance in meeting sustainability and environmental targets and objectives of: (i) each City agency; and (ii) the City overall; (3) serve, in conjunction with other affected agency heads, as the City’s representative to boards, commissions, and organizations engaged in issues relating to sustainability and environmental management; (4) manage the activities, as described in City Code Article 5, Subtitle 34, of the Commission on Sustainability; (5) regularly review and propose appropriate changes to the Environmental Management Program; and (6) perform any other duties prescribed by law. *History: Ord. 07-484* #### § 34-12 Director’s powers and duties – Rules and regulations. Balt., Md., Code art. 1, § 34-12 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations to carry out this subtitle. (b) These rules and regulations shall require transparency and community-based public participation mechanisms to provide input to and track the progress of the City’s development and implementation of City policies that make all City operations achieve: (1) by January 1, 2025, a 30% reduction in greenhouse gas emissions from 2007 levels; (2) by January 1, 2030, a 60% reduction in greenhouse gas emissions from 2007 levels; and (3) by January 1, 2045, net-zero emissions, as defined in § 34-1(f) of this subtitle. *History: Ord. 07-484* *History: Text Conformed 02/09/21* *History: Ord. 22-131* ### Subtitle 35 – City Seal; City Slogan; Flags #### § 35-1 City Seal - established. Balt., Md., Code art. 1, § 35-1 (2026) The seal heretofore provided and used, the impression on which is a representation of the Battle Monument, is hereby established and declared to have been and now to be the Seal of the Mayor and City Council of Baltimore. *History: Ord. 1858-001* #### § 35-2 City Seal - custody; fees. Balt., Md., Code art. 1, § 35-2 (2026) (a) The Director of Finance shall take under his charge and keeping the Corporate Seal of the City, and use it in all cases which now are or may hereafter be required, either by the laws of the United States, the several States, the ordinances of this corporation, or the usage and customs of nations, whenever applied to for that purpose. (b) (1) And for each and every seal which he shall affix to an instrument or instruments of writing, he shall be entitled to receive for the use of the City, the sum of $2. (2) Except that in cases where the certificate of the Director of Finance under seal shall be required to be used as evidence in the claims of soldiers and seamen in the United States service, or in the claims of the widows or heirs of such as may have died, or may hereafter die in the service, he shall furnish such certificate without any charge whatever. *History: Ord. 1858-008* *History: Ord. 1865-028* #### § 35-3 City Seal - prohibited uses. Balt., Md., Code art. 1, § 35-3 (2026) (a) (1) No person other than the Director of Finance and his clerks and subordinates shall attach, impress, or affix the Corporate Seal of the Mayor and City Council of Baltimore to any paper, instrument, or document whatsoever. (2) No person shall use a copy or facsimile of the Seal of the Mayor and City Council of Baltimore for any advertising purposes whatsoever, nor shall a copy or facsimile of said Seal be used in any pamphlet, program, prospectus, or paper or document of any character other than the official publications and stationery of the Mayor and City Council of Baltimore and its officers and officials. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be subject to a fine of $500 for each offense, said fine to be collected as other fines for the violation of City Ordinances are collected. *History: Ord. 22-697* #### § 35-4 City Seal - motor vehicles. Balt., Md., Code art. 1, § 35-4 (2026) Nothing in this subtitle shall be construed to prevent or affect the use of, by a resident of Baltimore City, a copy or facsimile of the Seal of the Mayor and City Council of Baltimore, if it is affixed to a motor vehicle where a registration plate is normally placed and if such use is not prohibited by the Motor Vehicle Laws of the State of Maryland. *History: Ord. 54-959* *History: Ord. 76-022* #### § 35-5 City Slogan. Balt., Md., Code art. 1, § 35-5 (2026) The phrase “Baltimore – Birthplace of The Star-Spangled Banner” is established and approved as the official slogan of the City of Baltimore. *History: Ord. 15-321* #### § 35-6 City Flag. Balt., Md., Code art. 1, § 35-6 (2026) The following described design, recommended by the aforesaid legally authorized “Flag Commission” {cf. Ord. 14-507 and Preamble to Ord. 14-565}, is hereby approved and established as the official “Flag of Baltimore City”: (1) The Flag shall be of the Lord Baltimore colors, to wit, black and gold, heraldically arranged as in his armorial bearings, that is to say, paly of 6 pieces, or, and Sable, a bend counterchanged; and superimposed thereon, as an augmentation of honor, a shield, sable, bordered, or, charged with the Battle Monument argent, in memory of the Defenders of Baltimore during the War of 1812-14. (2) The said Flag in dimensions, shall be 9 feet long by 6 feet deep (or of the proportions of 3 to 2), the superimposed shield being 2 feet 6 inches wide by 3 feet and 3/8 of an inch from top to tip. (3) The said Flag in color and in heraldic layout shall be in accordance with design published in the Municipal Journal of December 18, 1914, and now on file in the office of the Department of Legislative Reference. *History: Ord. 14-565* #### § 35-7 Balt., Md., Code art. 1, § 35-7 (2026) Reserved #### § 35-8 American flag on City buildings. Balt., Md., Code art. 1, § 35-8 (2026) The superintendent of any of the public buildings belonging to and used by the municipal government of the City shall cause to be raised the American flag on the same: (1) on each and every legal holiday during the year; and (2) at half-mast on May 30 (known as Memorial Day). *History: Ord. 95-029* *History: Ord. 76-022* ### Subtitle 36 – Commemorative Days #### § 36-1 Baltimore Day. Balt., Md., Code art. 1, § 36-1 (2026) August 8 of each year shall be Baltimore Day in honor of Baltimore’s founding on August 8, 1729. The Mayor annually shall proclaim this day as Baltimore Day, to recognize this important moment in the City’s history. *History: Ord. 15-358* #### § 36-2 Henrietta Lacks Day. Balt., Md., Code art. 1, § 36-2 (2026) August 1 of each year shall be Henrietta Lacks Day in honor of the birth on August 1, 1920 of Henrietta Lacks, whose cervical cancer cells were taken without her or her family’s knowledge or consent to create the HeLa line of cells used to further medical science, including cures and treatments for diseases such as polio, cancer, and AIDS. The Mayor annually shall proclaim this day as Henrietta Lacks Day to recognize this important moment in medical history. *History: Ord. 17-046* ### Subtitle 36A – Legal Holidays #### § 36A-1 Holidays specified. Balt., Md., Code art. 1, § 36A-1 (2026) (a) In addition to other legal holidays established from time to time by union contract, by agency regulation, or by action of the Board of Estimates, the following days are legal holidays for the City of Baltimore. (b) Indigenous Peoples’ Day, the second Monday in October of each year. *History: Ord. 20-432* #### § 36A-2 Observance. Balt., Md., Code art. 1, § 36A-2 (2026) The City shall observe the legal holidays specified in § 36A-1 of this subtitle annually, in the same manner as it observes other legal holidays established from time to time by union contract, by agency regulation, or by action of the Board of Estimates. *History: Ord. 20-432* ### Subtitle 37 – Nonprofit Event Discount #### § 37-1 Discount on City services, permits, and equipment costs for nonprofit events. Balt., Md., Code art. 1, § 37-1 (2026) (a) (1) Except as otherwise provided in this subtitle, if an event is open to the public without charge and sponsored by a qualifying organization described in paragraph (2) of this subsection, the fees for City services, permits, or equipment used to support the event must be reduced by 50% from the otherwise applicable rates. (2) (i) An organization qualifies for the 50% discount required by paragraph (1) of this subsection if it is: (A) a nonprofit, tax-exempt charitable or religious organization; or (B) an organization that is not required to pay any federal, state, or local taxes. (ii) Organizations eligible for the 50% discount required by paragraph (1) of this subsection include: (A) the Mayor’s Office of Minority and Women-Owned Business Development’s Main Street programs; (B) Retail Business District Business Associations established under City Code Article 14, § 11-9 {“Business Associations”}; (C) Business Improvement Districts; (D) Community associations, neighborhood organizations, homeowners’ associations, and organized block clubs; and (E) sports organizations with 15 or more Baltimore City youth aged 18 years old or younger as participants. (b) The sponsoring organization must submit satisfactory evidence to the Director of Transportation, or the Director’s designee, documenting its qualifications for the discount provided by this section at the time that it requests City services, permits, or equipment for its event. (c) The following types of events are not eligible for the 50% discount required by this section: (1) pub crawls; and (2) road races. *History: Ord. 17-102* #### § 37-2 Fees ineligible for discount. Balt., Md., Code art. 1, § 37-2 (2026) The 50% discount required by this subtitle does not apply to: (1) the fee schedule of the Department of Recreation and Parks; (2) fees imposed by the Parking Authority; (3) fees charged by the Department of Housing and Community Development for temporary structures pursuant to Building Code § 109.6.1m {“Temporary structures”}; or (4) fees charged by the Fire Department. *History: Ord. 17-102* #### § 37-3 Rules and regulations. Balt., Md., Code art. 1, § 37-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations to carry out this subtitle. *History: Ord. 17-102* *History: Text Conformed 02/09/21* ### Subtitle 38 – Municipal Identification #### § 38-1 Definitions. Balt., Md., Code art. 1, § 38-1 (2026) (a) “Baltimore City ID Card”; “Municipal identity card”. “Baltimore City ID Card” or “municipal identity card” means an identification card issued by the City of Baltimore under this subtitle. (b) “MOIT” means the Mayor’s Office of Information Technology, or any successor entity in the Mayor’s Office, or another City agency, responsible for the City’s information technology needs. *History: Ord. 16-586* #### § 38-2 Findings; Legislative intent. Balt., Md., Code art. 1, § 38-2 (2026) (a) (1) In adopting this subtitle, the Mayor and City Council make the findings contained in this subsection. (2) Many residents of Baltimore City are unable to obtain a government-issued identification essential to full participation in Baltimore’s diverse society. This barrier leaves thousands of individuals – including immigrants, homeless people, transgender people, senior citizens, young people, and formerly incarcerated people – without access to critical services, benefits, and cultural, educational, and civic opportunities. (3) Baltimore City offers an array of cultural, educational, and civic opportunities meant to be accessible to all members of our community. (4) Transgender and gender non-conforming individuals may have particular challenges in obtaining identification cards that reflect their gender identity, due to stigma and burdensome administrative policies for changing gender on other identification documents. This increases the likelihood they will experience discrimination in seeking employment or housing or otherwise participating in cultural or civic life. (b) It is the intent of the Mayor and City Council in adopting this subtitle to: (1) build Baltimore’s standing as a welcoming and inclusive center for all residents, without regard to a person’s race, national origin, religion, sex, sexual orientation, gender identity, disability, or immigration, housing, or financial status; (2) provide a municipal identification card that will affirm the gender identity and resident status of all Baltimore City residents by allowing applicants to obtain identification that reflects their gender identity, regardless of assigned birth sex or gender designation on previously-issued identity documents; (3) expand access and incorporate more members of Baltimore’s diverse community into the rich fabric of civic life; and (4) preserve the safety and privacy of all Baltimore City residents by ensuring that personal data gathered during the municipal identification application process is destroyed or maintained confidentially. (c) (1) By authorizing the creation of a municipal identification card program, the Mayor and City Council do not intend to expand identification requirements for access to basic services or exercise of constitutional rights. (2) The program created by this subtitle is not to be used to require individuals to produce government-issued identification to access services and benefits where government-issued identification was not previously required, such as when registering to vote, casting a ballot, or accessing certain government buildings. *History: Ord. 16-586* #### § 38-3 Program administration. Balt., Md., Code art. 1, § 38-3 (2026) (a) MOIT shall administer the municipal identity card program with the assistance and cooperation of all other City agencies as needed. (b) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, MOIT may adopt rules and regulations to carry out this subtitle. *History: Ord. 16-586* *History: Text Conformed 02/09/21* #### § 38-4 Issuance of identity cards. Balt., Md., Code art. 1, § 38-4 (2026) (a) MOIT must make a Baltimore City ID Card available to any resident of Baltimore City who can meet the requirements of § 38-8 {“Eligibility for identity card”} of this subtitle for establishing his or her identity and residency, regardless of his or her race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, partnership status, source of lawful income, housing status, status as a victim of domestic violence, status as a victim of sex offenses or stalking, or conviction or arrest record. (b) (1) The application fee for a Baltimore City ID Card is as set by the Board of Estimates. (2) MOIT must adopt rules permitting residents who cannot afford to pay an application fee to receive a full or partial waiver of the fee. *History: Ord. 16-586* #### § 38-5 Card content and design. Balt., Md., Code art. 1, § 38-5 (2026) (a) (1) A Baltimore City ID Card issued under this subtitle must, at a minimum, display the cardholder’s photograph, name, date of birth, a municipal identity card number unique to each card, and an expiration date. (2) A Baltimore City ID Card issued under this subtitle may not display the cardholder’s gender. (b) Each Baltimore City ID Card issued under this subtitle must be designed and produced with fraud and counterfeit deterring features. *History: Ord. 16-586* #### § 38-6 Availability of applications. Balt., Md., Code art. 1, § 38-6 (2026) (a) Applications for Baltimore City ID Cards must be made available for pick-up and submission at every City agency or office where there is substantial contact with the public. (b) MOIT must make applications available for Baltimore City ID Cards on-line. *History: Ord. 16-586* #### § 38-7 Language assistance services. Balt., Md., Code art. 1, § 38-7 (2026) MOIT shall, consistent with all federal, state, and local laws, provide language assistance to address the needs of limited English proficient individuals in the administration of the municipal identity card program by implementing measures such as: (1) staff training, (2) community outreach, and (3) the use of language assistance tools. *History: Ord. 16-586* #### § 38-8 Eligibility for identity card. Balt., Md., Code art. 1, § 38-8 (2026) (a) Proof of identity. To establish identity, an applicant must produce 1 or more of the following documents, each of which must be current or have expired not more than 5 years prior to the date it is presented: (1) a U.S. or foreign passport; (2) a U.S. state driver’s license; (3) a U.S. state identification card; (4) a U.S. permanent resident card; (5) a consular identification card; (6) a photo identification card, with name, address, date of birth, and expiration date, issued by another country to its citizens or nationals as an alternative to a passport for re-entry to the issuing country; (7) a certified copy of a U.S. or foreign birth certificate; (8) a Social Security card; (9) a national identification card with photo, name, address, date of birth, and expiration date; (10) a foreign driver’s license; (11) a U.S. or foreign military identification card; (12) a current visa issued by a government agency; (13) a U.S. individual taxpayer identification number (ITIN) authorization letter; (14) an electronic benefit transfer (EBT) card; or (15) an identity document recognized by local homeless shelters allowing individuals experiencing homelessness to access shelters or other services. (b) To establish City residency, an applicant must produce one or more of the following items, each of which must show the applicant’s name and residential address located within the City and must, except as otherwise provided in this subsection, be dated no more than 60 days prior to the date it is presented: (1) a utility bill; (2) a current residential property lease; (3) a local property tax statement dated within 1year of the date it is presented; (4) a local real property mortgage payment receipt; (5) a bank account statement; (6) proof that the applicant has a minor child currently enrolled in a school located within the City; (7) an employment pay stub; (8) a jury summons or court order issued by a federal or state court; (9) a federal or state income tax or refund statement dated within one year of the date it is submitted; (10) an insurance bill (homeowner’s, renter’s, health, life, or automobile insurance); (11) written verification issued by a homeless shelter that receives City funding confirming at least 15 days residency; or (12) written verification issued by a hospital, health clinic, or social services agency located within Baltimore City confirming at least 15 days residency. (c) An individual experiencing homelessness may establish City residency by producing any document recognized by local homeless shelters allowing the individual to access shelters or other services. *History: Ord. 16-586* #### § 38-9 Balt., Md., Code art. 1, § 38-9 (2026) Reserved #### § 38-10 Confidentiality of application information. Balt., Md., Code art. 1, § 38-10 (2026) (a) Baltimore City may not retain originals or copies of documents provided by an applicant to prove his or her identity or residency under § 38-8 {“Eligibility for identity card”} of this subtitle. (b) (1) The City may not retain or create lists of the names or addresses of municipal ID card applicants or holders. (2) Any data or information about municipal ID card applicants or holders retained by the City must be de-identified and incapable of being linked to a specific individual by name. (c) MOIT must develop a program to detect and prevent fraudulent use of municipal identity cards and may retain descriptive or demographic data tied to a particular ID card by card number as part of this fraud prevention program. *History: Ord. 16-586* #### § 38-11 Access to services. Balt., Md., Code art. 1, § 38-11 (2026) (a) All municipal agencies and offices and all municipal employees, including law enforcement officers, must accept a valid Baltimore City ID Card as proof of identity and residency. (b) (1) The City shall seek to expand the benefits associated with the municipal identity card by promoting the acceptance of the municipal identity card by banks and other public and private institutions. (2) The City shall seek to encouraging all eligible persons to apply for the card and may offer new benefits or privileges exclusively to those who possess a municipal identity card as an incentive to apply for a municipal identity card. (c) (1) Except as otherwise provided in this subsection, Baltimore City agencies and officers may not require the possession of a municipal identity card where, as of July 1, 2017, identification was not already required to obtain city services. (2) Agencies may require the possession of a municipal identity card to obtain benefits or privileges established after July 1, 2017 and offered exclusively to those who possess a municipal identity card as an incentive to apply for a municipal identity card. *History: Ord. 16-586* #### § 38-12 Balt., Md., Code art. 1, § 38-12 (2026) Reserved #### § 38-13 Counterfeit and fraudulent Baltimore City ID Cards. Balt., Md., Code art. 1, § 38-13 (2026) (a) No person or entity may: (1) knowingly present false information in the course of applying for a Baltimore City ID Card; (2) alter, copy, or replicate a Baltimore City ID Card without the authority of the City of Baltimore; or (3) use the Baltimore City ID Card issued to another person, with the intent to cause a third person or entity to believe the holder of the card is the person to whom the card was issued. (b) Any person who violates any provision of this section is subject to a civil penalty of $100 that may be enforced by issuance of a civil citation under Subtitle 41 {“Civil Citations”} of this article. *History: Ord. 16-586* ### Subtitle 39 – Equity Assessment Program #### § 39-1 Definitions. Balt., Md., Code art. 1, § 39-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Agency” means any department, authority, office, board, commission, council, committee, or other unit of the City government. (c) “Equity” means closing the gaps in policy, practice and allocation of City resources so that race, gender, religion, sexual orientations, and income do not predict one’s success, while also improving outcomes for all. (d) “Equity assessment” means a systematic process of identifying policies and practices that may be implemented to identify and redress disparate outcomes on the basis of race, gender, or income. (e) “Gender” means actual or perceived sex and includes a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth. *History: Ord. 18-160* #### §§ 39-2 to 39-5 Balt., Md., Code art. 1, § 39-2 to 39-5 (2026) Reserved #### § 39-6 Program initiated. Balt., Md., Code art. 1, § 39-6 (2026) (a) In the first year following enactment of this subtitle, agencies must participate in training and ongoing capacity building around equity and inclusion to produce a baseline analysis of the equity impacts of the agency’s existing and proposed actions and policies, encompassing programs, operations, and capital projects. (b) Starting in the second year following enactment of this subtitle, each City agency must develop, adopt, and oversee an Equity Assessment Program that requires it to: (1) proactively develop policies, practices, and strategic investments to reverse disparity trends based on race, gender, sexual orientation, or income; (2) act to eliminate structural and institutional racism and discrimination of all kinds based on immutable characteristics to ensure that outcomes and opportunities for all people are no longer predicable based on those characteristics; (3) develop and implement an equity action plan to incorporate and embed equity principles and strategies into City operations, programs, services, and policies; and (4) conduct equity assessments of existing and proposed City actions, policies, and both capital and operating budgets. *History: Ord. 18-160* #### § 39-7 Balt., Md., Code art. 1, § 39-7 (2026) Reserved #### § 39-8 Agency implementation – Equity coordinator. Balt., Md., Code art. 1, § 39-8 (2026) Each agency must: (1) identify an equity coordinator who shall report directly to the head of the agency and will be responsible for managing that agency’s Equity Assessment Program; (2) conduct equity assessments of the agency’s existing and proposed practices and policies; and (3) develop and implement a plan to address any disparate outcomes based on race, gender, sexual orientation, or income that have been identified by the agency’s assessments. *History: Ord. 18-160* #### § 39-9 Agency implementation – Bill reports. Balt., Md., Code art. 1, § 39-9 (2026) Whenever an agency reports to the City Council on a proposed ordinance or resolution, the agency shall include in that report the results of an equity assessment of the proposal’s impact on its operations. *History: Ord. 18-160* #### § 39-10 Agency implementation – Capital budget scoring. Balt., Md., Code art. 1, § 39-10 (2026) The Director of Planning shall conduct an equity assessment on any proposed capital budget and score the proposed projects based on that assessment. The results of each proposed capital budget shall be published on the Department of Planning’s Website. *History: Ord. 18-160* #### § 39-11 Annual Equity Report. Balt., Md., Code art. 1, § 39-11 (2026) (a) (1) On or before June 30 of each year beginning 1 year after the effective date of this subtitle, each agency shall submit its equity report to the Mayor and City Council and the Department of Legislative Reference for public review. (2) The reports shall be made available online. (3) The City Council may hold hearings to review annual equity reports as warranted. (b) Each Report shall include: (1) an assessment of progress towards achievement of the goals of the Equity Assessment Program; (2) an assessment of the current scope of its compliance; (3) a discussion of any disparate outcomes identified through equity assessments of its existing City policies or procedures; (4) recommended steps to address the identified disparate outcomes; and (5) an update on progress towards eliminating previously identified disparities and implementing actions recommended in past reports. *History: Ord. 18-160* ### Subtitle 40 – Environmental Control Board #### § 40-1 Definitions. Balt., Md., Code art. 1, § 40-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Board” means the Environmental Control Board of Baltimore City. (c) “Code Enforcement Officer” means: (1) a Baltimore City Police Officer; (2) a Special Enforcement Officer appointed under City Code Article 19, § 71-1 {“Special Enforcement Officers: Appointment; duties”}; or (3) any City employee who: (i) is in a position of trust, as defined by the Administrative Manual AM-237-1; and (ii) has been authorized by his or her agency head to issue environmental citations under this subtitle. (d) “Director” means the Executive Director of the Environmental Control Board of Baltimore City. (e) “Environmental citation” means a prepayable citation for violation of any provision of law or regulation under the jurisdiction of the Board. (f) *History: Ord. 98-326* *History: Ord. 12-084* *History: Ord. 16-503* *History: Ord. 22-125* #### § 40-2 Board established. Balt., Md., Code art. 1, § 40-2 (2026) (a) The Environmental Control Board of Baltimore City is established as an independent agency of City Government. (b) (1) The Board comprises 15 members. (2) 7 are the following ex officio members, or their respective designees: (i) the Commissioner of Health; (ii) the Commissioner of Housing and Community Development; (iii) the Police Commissioner; (iv) the Fire Chief; (v) the Director of Public Works; (vi) the Director of Transportation; and (vii) a member of the City Council, to be appointed by the President of the City Council. (3) 8 members are appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (c) Of the members appointed under subsection (b)(3) of this section: (1) 2 members must be appointed from the general public; and (2) 6 members must be appointed with at least 1 designated as having expertise in each of the following areas: (i) real estate; (ii) small business; (iii) education; (iv) water pollution; (v) solid waste; and (vi) community advocacy. (d) The Chair of the Board is appointed by the Mayor from among the members. (e) The members appointed under subsection (b)(3) of this section: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. *History: Ord. 98-326* *History: Ord. 16-503* *History: Ord. 16-555* #### § 40-3 General Board functions. Balt., Md., Code art. 1, § 40-3 (2026) (a) The Board is responsible to provide for hearing officers or panels of Board members to conduct hearings on contested environmental citations. (b) The Board is responsible to provide for an opportunity to appeal to the Board or to a panel of the Board from the decision of a hearing officer. (c) With the assistance of its Executive Director and staff, the Board is responsible for: (1) all actions necessary or appropriate to collect fines imposed under this subtitle; and (2) all bookkeeping, accounting, and revenue reconciliations. *History: Ord. 98-326* #### § 40-4 Executive Director; staff. Balt., Md., Code art. 1, § 40-4 (2026) (a) (1) The Executive Director of the Board is appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (2) The Executive Director is entitled to the compensation provided in the Ordinance of Estimates. (b) The Executive Director may appoint the assistants, hearing officers, and other employees needed to properly perform the work of the Board, as provided in the Ordinance of Estimates. *History: Ord. 98-326* #### § 40-5 General jurisdiction of Board. Balt., Md., Code art. 1, § 40-5 (2026) The Board has full authority to enforce, in accordance with the provisions of this subtitle, the sanitation, environmental, health, safety, and other quality-of-life provisions of law listed in § 40-14 of this subtitle, including any rules and regulations adopted under them. *History: Ord. 98-326* #### § 40-6 Rulemaking authority. Balt., Md., Code art. 1, § 40-6 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board must adopt and, from time to time, may amend rules and regulations necessary or appropriate to carry out its powers and duties under this subtitle. (b) These rules and regulations must include: (1) procedures for the issuance and enforcement of environmental citations for violations of the laws, rules, and regulations subject to the Board’s jurisdiction; (2) procedures for the adjudication of these violations, including the conduct of hearings and appeals by hearing officers, panels of the Board, or the full Board; and (3) procedures for enforcement of any abatement order that is contained in a citation or made part of an order or decision of a hearing officer, panel of the Board, or the full Board. *History: Ord. 98-326* *History: Text Conformed 02/09/21* #### § 40-7 Environmental Citations. Balt., Md., Code art. 1, § 40-7 (2026) (a) The Board must prescribe the form and wording of environmental citations. (b) In addition to any other matters that the Board prescribes, an environmental citation must include: (1) the name, if known, of the person cited; (2) the violation with which the person is cited, including a reference to the specific law in question; (3) the manner and time in which the person must either: (i) pay the prepayable fine prescribed for the violation; or (ii) request a hearing on the violation; (4) the time within which the violation, if ongoing, must be abated; and (5) a notice that failure to act in the manner and time stated in the citation may result in a default decision and order entered against the person. (c) An environmental citation must be: (1) issued by a Code Enforcement Officer; and (2) served on the person cited by 1 of the following methods: (i) in person; (ii) certified mail, return receipt requested; (iii) delivery to a person of suitable age and discretion who resides at the cited person’s last known address; or (iv) for service on an occupant of the premises at which the violation occurred: (A) posting on the main entrance of the premises; and (B) mailing by regular mail to the person cited, at that person’s last known address. (d) When issued and served, the citation or a copy of it: (1) constitutes full and complete notice of the violation cited in it; (2) if abatement is ordered, constitutes a full and complete notice of the order of abatement; and (3) if sworn to or affirmed, is prima facie evidence of the facts contained in it. (e) A single document may be used to issue two or more separately numbered citations. (f) An electronic signature may be used to execute a citation and to serve as an affirmation, under penalties of perjury, that the facts stated in the citation are true. (g) The original or a copy of the citation must be filed and retained in the records of the Board. *History: Ord. 98-326* *History: Ord. 02-362* *History: Ord. 07-425* *History: Ord. 12-084* *History: Ord. 16-503* #### § 40-8 Default by person cited. Balt., Md., Code art. 1, § 40-8 (2026) (a) Any person cited under an environmental citation is conclusively considered to have admitted liability for the violation cited and responsibility for abating the violation if, within the time allowed by the rules of the Board, the person: (1) neither pays the prescribed prepayable fine nor requests a hearing on the violation; or (2) having requested a hearing, fails to appear on a designated hearing date. (b) Under either of the circumstances described in subsection (a) of this section, the Board may: (1) render a default decision and order against the person cited; and (2) impose an aggregate civil penalty that is equal to: (i) the amount of the prepayable fine prescribed for the violation; plus (ii) an additional, default penalty equal to the lesser of: (A) 50% of the prescribed prepayable fine for every 30 days that, after notice of default is mailed under subsection (c) of this section, the citation remains unsatisfied; (B) 2 times the prescribed prepayable fine; or (C) $1,000. (c) Before an order based on a default becomes final, the Board must notify the respondent, by first-class mail, of: (1) the default decision and order; (2) the amount of all penalties imposed; and (3) the right of the respondent, within 30 days of the notice, to avoid a final judgment and collection proceedings by requesting a stay of default for good cause shown and a determination on the request. *History: Ord. 98-326* *History: Ord. 18-148* #### § 40-9 Administrative adjudications. Balt., Md., Code art. 1, § 40-9 (2026) (a) The Board, acting by or through its hearing officers, panels of the Board, and other authorized agents: (1) must conduct hearings and other proceedings for adjudicating violations of the laws, rules, and regulations enforced by it; and (2) has full authority to render decisions and orders, as well as impose the civil penalties provided by law for those violations. (b) Unless otherwise specified by the Board, every decision of a hearing officer or panel of the Board from which no timely appeal is taken to the Board constitutes a final decision of the Board. *History: Ord. 98-326* #### § 40-10 Judicial and appellate review. Balt., Md., Code art. 1, § 40-10 (2026) (a) A person who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Board under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 98-326* *History: Ord. 04-672* *History: Ord. 19-332* #### § 40-11 Enforcement of Board orders. Balt., Md., Code art. 1, § 40-11 (2026) (a) Any civil penalty imposed on a person by the Board, whether on hearing, on default, or otherwise: (1) is a personal debt owed by that person to the City; and (2) if the offense involves real property owned by that person, creates a lien on that property in favor of the City. (b) All penalties and liens incurred under this subtitle: (1) are collectible from and enforceable against any of the assets of the person who incurred the penalty; and (2) may be collected and enforced in the same way that the City collects and enforces other debts due to it or liens in its favor. (c) All penalties and liens incurred under this subtitle have priority over all other liens and encumbrances, except taxes or other government assessments. *History: Ord. 98-326* #### § 40-12 Judicial assistance in enforcement. Balt., Md., Code art. 1, § 40-12 (2026) The Board may apply to a court of competent jurisdiction for enforcement of any decision, order, or subpoena issued by the Board. *History: Ord. 98-326* #### § 40-13 Subtitle not exclusive. Balt., Md., Code art. 1, § 40-13 (2026) The issuance of an environmental citation does not preclude pursuit of any other remedy or enforcement action authorized by law. *History: Ord. 98-326* #### § 40-14 Violations to which subtitle applies. Balt., Md., Code art. 1, § 40-14 (2026) (a) The jurisdiction and authority of the Board extends to each of the provisions of the Baltimore City Code that are specified in subsection (e) of this section, as those provisions may be amended from time to time, including any rules and regulations adopted under them from time to time. (b) (1) The basic prepayable civil fine for violation of a provision is as specified next to the listing of that provision in subsection (e) of this section. (2) The basic prepayable fine is doubled, however, on any environmental citation that is issued to a person if, within the past 12 months: (i) a final order of the Board, whether issued on hearing, on default, or otherwise, imposed a penalty on that person for a violation of the same provision; or (ii) that person prepaid an environmental citation for a violation of the same provision. (c) (1) If a provision of law provides that the continuation or recurrence of a violation constitutes a separate offense, a separate environmental citation may be issued for each separate offense. (2) The payment of a penalty under this subtitle does not relieve the offender of the duty to fully abate and correct any continuing violation or other unlawful act. (d) Notwithstanding any other provision of the City Code to the contrary, notice need not be given before issuance and enforcement of an environmental citation for any of the provisions listed in subsection (e) of this section. (e) (1)
Subtitle 16. Ticket Sales - Charges by Operators and Agents $750
Subtitle 17. Ticket Sales – Ticket Purchasing Software $750
(2)
Subtitle 11. Fair Election Fund $500
Subtitle 26A. Labor Trafficking Notice Requirements $50
(3)
Division I. Floodplain Management $500
Division VI. Miscellaneous
Subtitle 62. Plastic Bag Reduction
1st offense $250
2nd offense in same 6-month period $500
3rd or subsequent offense in same 6-month period $1,000
(4)
Subtitle 4. Registration of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures
Non-owner-occupied dwelling units $100
Rooming houses $100
Vacant structures $500
Subtitle 5. Licensing of Rental Dwellings
§ 5-4. License required $1,000
§ 5-11. Posting license; license number $250
§ 5-15. {Offenses there listed as cause for} Denial, suspension, or revocation of license $750
All other provisions $500
Subtitle 8. Rent Increases $1,000
(5)
Subtitle 12. Commercial Parking Facilities $1,000
Subtitle 13. Special-Event Parking Lots $750
Subtitle 17. Street Vendors $500
Subtitle 21. Third-Party Food Delivery Platform $1,000
Subtitle 42. Human Trafficking Notice Requirements
1st offense $500
Subsequent offense $1,000
Subtitle 42A. Temporary Shelter Human Trafficking Notice Requirements $50
Subtitle 43. Public Restrooms $100
Subtitle 48. Short-Term Residential Rentals
§ 48-6. License required {for host} $500
§ 48-16. {Operational requirements for} hosting platforms $1,000
§ 48-21. {Offenses there listed as cause for} denial, suspension, or revocation of license $500
All other provisions $250
(6)
§ 1-2. Placement {of advertising circulars} without permission
1st offense $50
2nd offense $100
3rd or subsequent offense $500
§ 7-2. Vehicle alarms: Prohibited devices $100
Subtitle 8. Burglar Alarms - Registration and Regulation
§ 8-8. False alarm fees.
Failure to pay-
Residential users $100
Non-residential users $500
All other provisions.
Users $100
Contractors, Monitors, Others $500
§ 14-2. Drinking or possessing open containers in public places – In general $250
§ 14-3. Drinking or possessing open containers in public places – Parents or guardians of minors $150
§ 32-3. Sales to minors [in proximity to liquor stores] $500
§ 32-4. Inducing minor to purchase $500
§ 32-5. False representation by minor
1st offense $50
2nd or subsequent offense $150
§ 41-2. Outdoor telephones: Prohibited placement $500
§ 45-2. Signs on or affecting public property: Posting prohibited $500
§ 50-1. Obstructing street: racing or stunt driving $1,000
§ 50-2. Obstructing street, etc., or gutter $50
§ 50-3. Merchandise projecting from building $50
§ 51-2. Compliance with park rules
1st offense $250
2nd offense $500
3rd or subsequent offense $1,000
(7)
§ 2-1. Mixed refuse: Receptacles
Residential properties $50
Commercial properties $100
§ 2-2. Mixed refuse: Handling
Residential properties $50
Commercial properties $100
§ 4-1 or § 4-2. Receptacles on collection days
Residential properties $50
Commercial properties $100
(8)
§ 21-1. Rules and regulations {to protect water supply and facilities}
Watershed Regulations
Polluting or depositing trash, etc., in reservoir waters or tributaries $500
Trespassing or otherwise entering or traversing property in violation of rule or regulation $150
Boating without a required permit or otherwise in violation of rule or regulation $100
Hunting without a required permit or otherwise in violation of rule or regulation $100
Fishing without a required permit or otherwise in violation of rule or regulation $60
Other recreational activity (horseback riding, bicycling, picnicking, etc.) in violation of rule or regulation $60
Smoking except where expressly allowed $75
All other violations $100
All other rules and regulations of Department to protect water supply and facilities $250
§ 21-2. Suspension, etc., of certain uses $100
§ 21-3. Injuring fire hydrants $250
§ 21-4. Wrongful use after cut-off $150
§ 21-5. Refusal of entry $100
§ 21-6. Interference with equipment; illegal use of water $500
(9)
Subtitle 6. Building Address Numbers $25
Subtitle 23. Underground Conduit System $1,000
(10)
Subtitle 14. Valet Parking
Part II. Valet Operator’s License
§ 14-7. License required
1st offense $500
2nd or subsequent offense within 12 months of 1st $1,000
§ 14-8(c). Liability insurance {required}
1st offense $250
2nd or subsequent offense within 12 months of 1st $500
Part III. Valet Parking Zone Permit
§ 14-16. Permit required
1st offense $500
2nd or subsequent offense within 12 months of 1st $1,000
Part IV. Standards of Operation
§ 14-31. Licensed operator {required}
1st offense $250
2nd or subsequent offense within 12 months of 1st $500
§ 14-32. {Authorized} locations and hours
1st offense $200
2nd or subsequent offense within 12 months of 1st $400
§ 14-33. {Required, prohibited uses of} valet parking zones
1st offense $250
2nd or subsequent offense within 12 months of 1st $500
§ 14-34(a). Attendants’ qualifications
1st offense $200
2nd or subsequent offense within 12 months of 1st $400
§ 14-35. Transporting and parking vehicles
1st offense $250
2nd or subsequent offense within 12 months of 1st $500
§ 14-36. {Required} signage
1st offense $100
2nd or subsequent offense within 12 months of 1st $200
§ 14-37. Permit and operator’s license {available for} inspection
1st offense $100
2nd or subsequent offense within 12 months of 1st $200
§ 14-41(3). Operators: Providing valet services in way that endangers public safety
1st offense $500
2nd or subsequent offense within 12 months of 1st $1,000
§ 14-41(4). Operators: Providing valet services that unreasonably disrupt vehicular or pedestrian traffic
1st offense $500
2nd or subsequent offense within 12 months of 1st $1,000
§ 14-42(3). Hosts: Providing or allowing valet services in way that endangers public safety
1st offense $500
2nd or subsequent offense within 12 months of 1st $1,000
§ 14-42(4). Hosts: Providing or allowing valet services that unreasonably disrupt vehicular or pedestrian traffic
1st offense $500
2nd or subsequent offense within 12 months of 1st $1,000
§ 14-43. Any other violation that is cause for suspending or revoking a license or permit
1st offense $150
2nd or subsequent offense within 12 months of 1st $300
Subtitle 16. Use-of-the-Road Regulations
§ 16-5. Repairing vehicles on streets
As a motor vehicle repair service on a public street or footway
1st offense $250
Subsequent offense $350
All other violations
1st offense $25
Subsequent offense $100
§ 16-12. Vehicles on sidewalks $50
Subtitle 38. Dockless Vehicles
§ 38-7(b)(2). Exceeding the maximum number or type of dockless vehicles permitted to operate $1,000
§ 38-8(a). Operating a dockless-vehicle-for-hire business without a permit $1,000
§ 38-12. Failure of provider to provide required data or reports $1,000
§ 38-15. Failure of provider to notify of data breach $1,000
§ 38-18. Unlawful operation of e-bike or e-scooter $20
§ 38-19. Unlawful parking of dockless vehicle $20
§ 38-21. Display of advertisements on dockless vehicles $1,000
§ 38-22. Provider operational responsibilities:
Item (1). Failure to maintain 24-hour customer service phone support $1,000
Item (2). Failure to remove dockless vehicles from public rights-of-way between dusk and dawn, as determined in rules and regulations $500
Item (3). Failure to ensure that dockless vehicles are parked as required by law, rule, or regulation $500
Item (4). Failure to remove or reposition illegally parked dockless vehicles within required time $500
Item (5). Failure to ensure that dockless vehicles adhere to national safety standards $1,000
Item (6). Failure to ensure that provider operations adhere to equitable access requirements $1,000
Item (7). Failure to comply with any other requirement established by the Director $1,000
(11)
§ 19-101. Prohibited Conduct $500
(12)
§ 105.11. Post-work proof of disposal $1,000
§ 114.14. Work without permit $500
§ 115.3. Stop-work order: Unlawful continuance $500
§ 123.8. Failure to comply with notice or citation
Unsafe structures {§ 116} $1,000
Vacant building unsecured {§ 116.3} $1,000
Vacant building with high grass and weeds {§ 116.4.3(3)(c)} $1,000
Vacant building with roof damage {§ 116.4.3(3)(d)} $1,000
Condemnation proceedings {§ 120} $500
All other notices (excluding citations) $250
Subsequent Citation - Unsafe Structure - Additional Fine - Subsequent Offense within 12 months {§ 123.8.4} $1,000
§ 1210.4 Diaper-Changing Amenities $500
§ 1504.9 Performance requirements $1,000
§ 3302.2. Construction Safeguards: Waste and debris $250
§ 3808. Traffic-Mitigation Enforcement $1,000
(13)
§ 108.6. Maintenance: Overcrowding
1-99 persons over capacity $250
100-199 persons over capacity $500
200 or more persons over capacity $1,000
§ 918.4 Telephone Access to City’s 9-1-1 System: General
1st offense $100
2nd and subsequent offenses $200
§ 111.1 Unsafe buildings: General $250
§ 1001.2. Means of Egress: Minimum requirements $250
(14) Property Maintenance Code
Chapter 3. General Requirements
§ 304.4. Structural members $500
§ 304.5. Foundation walls $500
§ 304.7. Roofs and drainage $500
§ 304.10. Stairways, floors, decks $300
§ 304.12. Handrails and guards $50
§ 304.13. Window, skylight, and door frames $100
§ 304.15. Doors $100
§ 304.15.2. Interior (Doors) $50
§ 304.20. Interior surfaces $500
§ 304.23. Exhaust vents $250
§ 304.28. Rat proofing $100
§ 304.29. Equipment $500
§ 304.30. Fire protection $500
§ 305.5.1. Motor vehicles and trailers: Registered owner responsible $150
§ 307.1. General $50
§ 307.3. Walls, ceilings, and openings $150
§ 307.7. Pest control $150
All other provisions
Residential properties $50
Commercial properties $100
(15) International Residential Code
§ 905.18 Reflectance $1,000
(16)
Title 3: Health Facilities
Subtitle 5: Limited-Service Pregnancy Centers $150
Title 4: Disease Control
Subtitle 6: Screening for Lead Poisoning
§ 4-601. Parental Responsibility $100
Title 5: Nuisance Control
Subtitle 2: Nuisance Abatement
§ 5-210. Abatement notice $100
Subtitle 4: Lead-Based Paint $100
Subtitle 5: Bodily Wastes
§ 5-501. Spitting $100
§ 5-503. Urinating, etc. - In general $500
§ 5-504. Urinating, etc. - Parents $150
Subtitle 7: Weeds $50
Title 6: Food Service Facilities
Subtitle 2: License Required
§ 6-201. In general $300
Subtitle 5: Miscellaneous Regulations
§ 6-506. Litter and rubbish prohibited $200
§ 6-508. Polystyrene foam products $200
All other provisions $100
Title 7: Waste Control
Subtitle 2: Solid Waste Collection $100
Subtitle 4: Landfills $200
Subtitle 6: Prohibited Disposal $1,000
Subtitle 7: Littering $500
Title 8: Air Pollution $100
Subtitle 3: Gas-Powered Debris Removal Equipment
§ 8-303. Prohibition of gas-powered debris removal equipment
Subsequent offense $250
Title 9: Noise Regulation
Subtitle 2: Basic Sound Level Standards $100
Subtitle 3: Entertainment and Commercial Noise $50
Subtitle 4: Amplified Sounds in Market Center $50
Title 10: Animal Control and Protection
Subtitle 1: General Provisions
§ 10-112. Obstructing, etc., officer; False Statements $500
Subtitle 2: Licensing
Part I. Dog and Cat Licenses $100
Part II. Facility Licenses
Animal fanciers $100
All other facilities $250
Subtitle 3: General Care and Control
§ 10-301. Rabies – Vaccinations $250
§ 10-302. Rabies – Possible exposure $250
§ 10-303. Humane care required $500
§ 10-307. Restraints required
1st offense $200
2nd offense within 12 months of 1st $400
3rd offense within 12 months of 1st $600
§ 10-313. Animal waste $200
All other provisions $1,000
Subtitle 4: Animal Protection $1,000
Subtitle 5: Public Nuisance Animals $200
Subtitle 6: Wild Animals, etc.; Prohibited Animals $500
Subtitle 7: Attack Dogs; Dangerous and Vicious Animals
§ 10-701. Attack dogs $1,000
§ 10-702. Dangerous animals $250
§ 10-706. Vicious animals – Keeping prohibited $1,000
Subtitle 9: Horse Riding and Driving
§ 10-918. Sick or injured horses $1,000
All other provisions $200
Title 11: Swimming Pools
Subtitle 3: Public Swimming Pools $200
Title 12: Tobacco Products and Smoking Devices
Subtitle 1: Indoor Smoking
Person smoking $500
Employer, other person in charge $750
Subtitle 2: Sale of Unpackaged Cigarettes $500
Subtitle 4: Placement of Tobacco Products and Smoking Devices $500
Subtitle 5: Unlawful Distribution $500
Subtitle 6: Flavored Tobacco Wrappings $500
Subtitle 7: Mobile Vendors $500
Subtitle 8: Smoking Near Playgrounds $500
Subtitle 9: Nicotine Replacement Therapy Products $100
Subtitle 10: Tobacco Product Use in Stadiums
Non-professional sporting event $50
Professional sporting event $500
Title 15: Ephedrine Products
Subtitle 2: Distribution to Minors $500
Subtitle 3: Product Placement $500
Title 16: Psychoactive Substances
Subtitle 2: Prohibited Conduct $1,000
Title 19: Pesticides $250
*History: Ord. 98-326* *History: Ord. 99-487* *History: Ord. 99-491* *History: Ord. 99-520* *History: Ord. 99-547* *History: Ord. 99-548* *History: Ord. 00-030* *History: Ord. 00-069* *History: Ord. 00-118* *History: Ord. 01-172* *History: Ord. 01-176* *History: Ord. 02-322* *History: Ord. 02-475* *History: Ord. 02-476* *History: Ord. 03-572* *History: Ord. 03-621* *History: Ord. 04-672* *History: Ord. 04-854* *History: Ord. 06-183* *History: Ord. 06-205* *History: Ord. 06-232* *History: Ord. 06-247* *History: Ord. 07-392* *History: Ord. 07-424* *History: Ord. 07-430* *History: Ord. 07-623* *History: Ord. 08-040* *History: Ord. 08-058* *History: Ord. 08-063* *History: Ord. 09-100* *History: Ord. 09-113* *History: Ord. 09-148* *History: Ord. 09-169* *History: Ord. 09-171* *History: Ord. 09-172* *History: Ord. 09-175* *History: Ord. 09-217* *History: Ord. 09-232* *History: Ord. 09-234* *History: Ord. 09-241* *History: Ord. 09-252* *History: Ord. 10-268* *History: Ord. 10-340* *History: Ord. 10-342* *History: Ord. 11-414* *History: Ord. 11-478* *History: Ord. 11-520* *History: Ord. 11-523* *History: Ord. 11-529* *History: Ord. 11-572* *History: Ord. 11-573* *History: Ord. 12-046* *History: Ord. 12-061* *History: Ord. 12-065* *History: Ord. 13-093* *History: Ord. 13-098* *History: Ord. 13-111* *History: Ord. 13-157* *History: Ord. 13-161* *History: Ord. 14-208* *History: Ord. 14-212* *History: Ord. 14-237* *History: Ord. 14-310* *History: Ord. 15-389* *History: Ord. 15-427* *History: Ord. 16-440* *History: Ord. 16-545* *History: Ord. 16-581* *History: Ord. 16-587* *History: Ord. 17-015* *History: Ord. 18-125* *History: Ord. 18-130* *History: Ord. 18-182* *History: Ord. 19-217* *History: Ord. 19-218* *History: Ord. 19-251* *History: Ord. 19-263* *History: Ord. 19-264* *History: Ord. 19-265* *History: Ord. 20-338* *History: Ord. 20-340* *History: Ord. 20-337* *History: Ord. 20-361* *History: Ord. 20-364* *History: Ord. 20-364A* *History: Ord. 20-430* *History: Ord. 21-001* *History: Ord. 21-034* *History: Ord. 21-039* *History: Ord. 22-110* *History: Ord. 22-124* *History: Ord. 22-133* *History: Ord. 22-149* *History: Ord. 22-163* *History: Ord. 22-170* *History: Ord. 23-218* *History: Ord. 23-252* *History: * *History: * *History: * *History: * *History: * *History: * ### Subtitle 41 – Civil Citations #### § 41-1 Definitions. Balt., Md., Code art. 1, § 41-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Civil citation” means a prepayable civil citation issued under this subtitle for violation of any offense listed in § 41-14 of this subtitle. (c) “Enforcement officer” means: (1) a police officer; or (2) a Special Enforcement Officer appointed under City Code Article 19, § 71-1 and authorized by the Police Commissioner to issue citations under this subtitle. (d) *History: Ord. 03-595* *History: Ord . 22-125* #### § 41-2 Subtitle not exclusive. Balt., Md., Code art. 1, § 41-2 (2026) The issuance and enforcement of a civil citation under this subtitle does not preclude pursuit of any other remedy or enforcement action authorized by law. *History: Ord. 03-595* #### § 41-3 Rules and regulations. Balt., Md., Code art. 1, § 41-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Police Commissioner, in consultation with the Director of Finance, may adopt rules and regulations to carry out this subtitle. *History: Ord. 03-595* *History: Text Conformed 02/09/21* #### § 41-4 Authority to issue citation. Balt., Md., Code art. 1, § 41-4 (2026) (a) An enforcement officer may issue a civil citation to any adult who the officer, on observation, report, or investigation, believes is committing or has committed an offense listed in § 41-14 of this subtitle. (b) Notwithstanding any other provision of the City Code to the contrary, notice need not be given before issuance and enforcement of a civil citation under this subtitle. *History: Ord. 03-595* #### § 41-5 Form, etc., of citation. Balt., Md., Code art. 1, § 41-5 (2026) (a) The civil citation shall be in the form specified by the Chief Judge of the District Court. (b) The citation shall contain: (1) the name and address, if known, of the person charged; (2) the violation with which the person is charged, including a narrative statement of the cause for issuing the citation; (3) the time when and place where the violation occurred; (4) the amount of the fine; (5) the manner and time within which the person must either: (i) pay the fine specified in the citation; or (ii) request a trial on the violation. (c) The citation also shall contain a certification, signed by the issuing enforcement officer under penalties of perjury, that the facts contained in it are true to the best of the officer’s information, knowledge, and belief. *History: Ord. 03-595* #### § 41-6 Service; copies. Balt., Md., Code art. 1, § 41-6 (2026) (a) The citation may be served on the person charged by 1 of the following methods: (1) in person; (2) by certified mail, return receipt requested; (3) by delivery to a person of suitable age and discretion who resides at the last-known address of the person charged; or (4) for service on an occupant of the premises at which the violation occurred, by: (i) posting on the main entrance of the premises; and (ii) mailing by regular mail to the person charged, at that person’s last-known address. (b) The enforcement officer shall retain a copy of the citation and file it with the Department of Finance. *History: Ord. 03-595* #### § 41-7 Tenor of citation. Balt., Md., Code art. 1, § 41-7 (2026) (a) On certification, issuance, and service, the citation: (1) constitutes full and complete notice of the violation charged in it; and (2) is prima facie evidence of the facts contained in it. (b) The issuance of the civil citation is not appealable to any City board or agency. *History: Ord. 03-595* #### § 41-8 Payment of fine. Balt., Md., Code art. 1, § 41-8 (2026) (a) (1) The fine specified in a civil citation is due and payable by the date specified in the citation. (2) The date specified must be at least 30 days from the date the citation is issued. (b) The fine shall be paid to the Director of Finance. *History: Ord. 03-595* #### § 41-9 Election to stand trial. Balt., Md., Code art. 1, § 41-9 (2026) (a) The person charged under a civil citation may elect to stand trial for the alleged violation by filing with the Director of Finance, at least 5 days before the due date of the fine, a notice of intent to stand trial. (b) On timely receipt of a notice of intent to stand trial, the Director of Finance shall send a copy of the notice and of the citation to the District Court. (c) On receipt of the notice and citation, the District Court shall: (1) schedule the case for trial; and (2) notify all parties of the trial date. *History: Ord. 03-595* #### § 41-10 Default. Balt., Md., Code art. 1, § 41-10 (2026) (a) A person charged under a civil citation is in default and is conclusively considered to have admitted liability for the violation charged if the person neither: (1) pays the fine specified in the citation by its due date; nor (2) files a timely notice of intent to stand trial. (b) On a default, the Director of Finance shall send a default notice to the person charged, at that person’s last-known address. (c) If the fine specified in the citation is not paid within 15 days of the date of the default notice, the person is liable to the City for both: (1) the fine specified in the citation; and (2) a default penalty equal to the lesser of: (i) $1,000; or (ii) 3 times the fine specified in the citation. (d) (1) If the fine and default penalty are not paid within 35 days of the date of the default notice, the Director of Finance may request the District Court to adjudicate the case. (2) On the Director=s request, the District Court shall: (i) schedule the case for trial; and (ii) notify all parties of the trial date. *History: Ord. 03-595* #### § 41-11 Adjudication by District Court. Balt., Md., Code art. 1, § 41-11 (2026) (a) (1) This section applies to proceedings in the District Court to enforce a civil citation issued under this subtitle. (2) Adjudication of a civil citation is not a criminal proceeding, and a finding of guilty does not impose any civil disability ordinarily imposed by a criminal conviction. (b) Except in the case of a default under § 41-10 of this subtitle, the City has the burden to prove, by a preponderance of the evidence, that the defendant has committed the offense charged. (c) The defendant may be represented by counsel of her or his own choice, at her or his own expense. (d) The defendant shall enter a plea of “guilty” or “not guilty”. (e) The defendant may: (1) testify on his or her own behalf; (2) produce evidence and witnesses in his or her own behalf; and (3) cross-examine witnesses who testify against the defendant. (f) (1) The court shall issue a verdict of “guilty” or “not guilty” of the offense charged. (2) If the court finds the defendant guilty, the court may: (i) impose on the defendant the fine and, if applicable, default penalty prescribed; (ii) impose court costs on the defendant; and (iii) suspend or defer payment of a fine or penalty under conditions, including the performance of community service, that the court sets. *History: Ord. 03-595* #### § 41-12 Enforcement of court verdict. Balt., Md., Code art. 1, § 41-12 (2026) (a) Any fine or penalty imposed by the District Court under this subtitle is a judgment in favor of the City. (b) If a defendant willfully fails to pay any fine, penalty, or costs imposed by the court, the court may punish that failure as a contempt of court. *History: Ord. 03-595* #### § 41-13 Offenses to which subtitle applies – General. Balt., Md., Code art. 1, § 41-13 (2026) (a) A civil citation may be issued under this subtitle only for violation of a provision of the Baltimore City Code listed in § 41-14 of this subtitle. (b) The prepayable civil fine for the violation of a provision is as specified next to the listing of that provision in § 41-14 of this subtitle. (c) (1) If a provision of law provides that the continuation or recurrence of a violation constitutes a separate offense, a separate civil citation may be issued for each separate offense. (2) The payment of a fine or penalty under this subtitle does not relieve the offender of the duty to fully abate and correct any continuing violation or other unlawful act. *History: Ord. 03-595* #### § 41-14 Offenses to which subtitle applies – Listing. Balt., Md., Code art. 1, § 41-14 (2026) (1)
§ 38-13. Counterfeit and fraudulent Baltimore City ID Cards $100
§ 42-30. Licensing violations - Penalties
Operating without a valid business license $1,000
Operating with improper business licensure $1,000
Operating in violation of the terms of a business license $1,000
(2)
Subtitle 4. Unfair, Abusive, or Deceptive Trade Practices $1,000
Subtitle 10. Motor Fuel Sales
§ 10-4(c). Failure to display highest credit price for motor fuel
1st offense $100
2nd offense $250
3rd offense $500
4th or subsequent offense $1,000
Subtitle 16. Ticket Sales – Charges by Operators and Agents $750
Subtitle 17. Ticket Sales – Ticket Purchasing Software $750
(3)
Subtitle 11. Fair Election Fund $500
(4)
Division I. Floodplain Management $500
(5)
§ 5-4. License Required $1000
(6)
Subtitle 17. Street Vendors $500
Subtitle 18. Itinerant Wholesale Produce Dealers $50
Subtitle 42. Human Trafficking Notice Requirements
1st offense $500
Subsequent offense $1,000
Subtitle 43. Public Restrooms $100
(7)
§ 1-2. Placement {of advertising circulars} without permission
1st offense $50
2nd offense $100
3rd or subsequent offense $500
§ 7-2. Vehicle alarms: Prohibited devices $100
Subtitle 8. Burglar Alarms - Registration and Regulation
§ 8-8. False alarm fees.
Failure to pay -
Residential users $100
Non-residential users $500
All other provisions
Users $100
Contractors, Monitors, Others $500
§ 13-1. Disorderly drinking – In general $500
§ 13-2. Disorderly drinking – Parents or guardians of minors $150
§ 14-2. Drinking or possessing open containers in public places – In general $250
§ 14-3. Drinking or possessing open containers in public places – Parents or guardians of minors $150
Subtitle 25. Loitering – General $50
§ 26-6. Loitering – Drug-Free Zone $50
§ 27-3. Loitering – For assignation, etc. $50
§ 27-15. Loitering – Prostitution-Free Zone $50
§ 32-3. Sales to minors [in proximity to liquor stores] $500
§ 32-4. Inducing minor to purchase $500
§ 32-5. False representation by minor
1st offense $50
2nd or subsequent offense $150
§ 34-5. Curfews: Prohibited conduct of parents, guardians, etc. $50
§ 34-6. Curfews: Prohibited conduct of establishments $500
§ 39-2. Replica gun possession prohibited.
1st offense $250
2nd or subsequent offense $1,000
§ 40-9. Dirt Bikes, etc. – Motor fuel sales $100
§ 41-2. Outdoor telephones: Prohibited placement $500
Subtitle 43B. Neighborhood Nuisances and Unruly Social Events
1st offense $500
2nd or subsequent offense within 12 months of previous offense $1,000
§ 45-2. Signs on or affecting public property: Posting prohibited $500
§ 47-5. Nighttime soliciting $100
§ 50-1. Obstructing street: racing or stunt driving $1,000
§ 50-2. Obstructing street, etc., or gutter $50
§ 50-3. Merchandise projecting from building $50
§ 50-56. Soliciting customers. $100
§ 51-2. Compliance with park rules
1st offense $250
2nd offense $500
3rd or subsequent offense $1,000
§ 59-18. Reporting {theft or loss of firearm} required
1st offense $500
Subsequent offense $750
(8)
§ 21-1. Rules and regulations {to protect water supply and facilities}
Watershed Regulations
Polluting or depositing trash, etc., in reservoir waters or tributaries $500
Trespassing or otherwise entering or traversing property in violation of rule or regulation $150
Boating without a required permit or otherwise in violation of rule or regulation $100
Hunting without a required permit or otherwise in violation of rule or regulation $100
Fishing without a required permit or otherwise in violation of rule or regulation $60
Other recreational activity (horseback riding, bicycling, picnicking, etc.) in violation of rule or regulation $60
Smoking except where expressly allowed $75
All other violations $100
All other rules and regulations of Department to protect water supply and facilities $250
§ 21-2. Suspension, etc., of certain uses $100
§ 21-3. Injuring fire hydrants $250
§ 21-4. Wrongful use after cut-off $150
§ 21-5. Refusal of entry $100
§ 21-6. Interference with equipment; illegal use of water $500
(9)
Subtitle 23. Underground Conduit System $1,000
(10)
Subtitle 10. Residential Permit Parking Program
§ 10-40. Falsifying or concealing information $500
§ 10-41. Fraudulent obtaining, etc., permit $500
§ 10-42. Counterfeiting or altering permits $500
§ 10-43. Using invalid permits $500
§ 10-44. Misusing visitor’s permit $500
§ 10-45. Landlord abuse $500
§ 10-46. Aiding another in violation $500
Subtitle 16. Use-of-the-Road Regulations
§ 16-5. Repairing vehicles on streets
As a motor vehicle repair service on a public street or footway
1st offense $250
Subsequent offense $350
All other violations
1st offense $25
Subsequent offense $100
§ 16-12. Vehicles on sidewalks $50
Subtitle 18. Bicycles
§ 18-8. Riding {bicycles} on sidewalk $50
Subtitle 22. Towing Services – Accident Towing $750
Subtitle 38. Dockless Vehicles
§ 38-7(b)(2). Exceeding the maximum number or type of dockless vehicles permitted to operate $1,000
§ 38-8(a). Operating a dockless-vehicle-for-hire business without a permit $1,000
§ 38-12. Failure of provider to provide required data or reports $1,000
§ 38-15. Failure of provider to notify of data breach $1,000
§ 38-18. Unlawful operation of e-bike or e-scooter $20
§ 38-19. Unlawful parking of dockless vehicle $20
§ 38-21. Display of advertisements on dockless vehicles $1,000
§ 38-22. Provider operational responsibilities:
Item (1). Failure to maintain 24-hour customer service phone support $1,000
Item (2). Failure to remove dockless vehicles from public rights-of-way between dusk and dawn, as determined in rules and regulations $500
Item (3). Failure to ensure that dockless vehicles are parked as required by law, rule, or regulation $500
Item (4). Failure to remove or reposition illegally parked dockless vehicles within required time $500
Item (5). Failure to ensure that dockless vehicles adhere to national safety standards $1,000
Item (6). Failure to ensure that provider operations adhere to equitable access requirements $1,000
Item (7). Failure to comply with any other requirement established by the Director $1,000
(11)
§ 19-101. Prohibited conduct $500
(12)
§ 108.6. Maintenance: Overcrowding
1-99 persons over capacity $250
100-199 persons over capacity $500
200 or more persons over capacity $1,000
§ 405.2. Emergency Evacuation Drills: Frequency
405.2.3. Buildings housing seniors and individuals requiring mobility devices $1000
§ 1001.2. Means of Egress: Minimum requirements $250
(13)
§ 305.9. Snow and ice on sidewalks
Residential properties $50
Commercial properties $100
(14)
Title 3: Health Facilities
Subtitle 5: Limited-Service Pregnancy Centers $150
Title 5: Nuisance Control
Subtitle 5: Bodily Wastes
§ 5-501. Spitting $100
§ 5-503. Urinating, etc. - In general $500
§ 5-504. Urinating, etc. - Parents $150
Title 7: Waste Control
Subtitle 2: Solid Waste Collection $100
Subtitle 4: Landfills $200
Subtitle 6: Prohibited Disposal $1,000
Subtitle 7: Littering $500
Title 8: Air Pollution $100
Subtitle 3: Gas-Powered Debris Removal Equipment
§ 8-302. Prohibition of gas-powered debris removal equipment
Subsequent offense $250
Title 9: Noise Regulation
Subtitle 2: Basic Sound Level Standards $100
Subtitle 3: Entertainment and Commercial Noise $50
Subtitle 4: Amplified Sounds in Market Center $50
Title 10: Animal Control and Protection
Subtitle 1: General Provisions
§ 1-112. Obstructing, etc., officer; False statements $500
Subtitle 2: Licensing
Part I. Dog and Cat Licenses $100
Part II. Facility Licenses
Animal fanciers $100
All other facilities $250
Subtitle 3: General Care and Control
§ 10-301. Rabies – Vaccinations $250
§ 10-302. Rabies – Possible exposure $250
§ 10-303. Humane care required $500
§ 10-307. Restraints required
1st offense $200
2nd offense within 12 months of 1st $400
3rd offense within 12 months of 1st $600
§ 10-313. Animal waste $200
All other provisions $1,000
Subtitle 4: Animal Protection $1,000
Subtitle 5: Public Nuisance Animals $200
Subtitle 6: Wild Animals, etc.; Prohibited Animals $500
Subtitle 7: Attack Dogs; Dangerous and Vicious Animals
§ 10-701. Attack dogs $1,000
§ 10-702. Dangerous animals $250
§ 10-706. Vicious animals – Keeping prohibited $1,000
Subtitle 9: Horse Riding and Driving
§ 10-918. Sick or injured horses $1,000
All other provisions $200
Title 12: Tobacco Products and Smoking Devices
Subtitle 1: Indoor Smoking
Person smoking $500
Employer, other person in charge $750
Subtitle 2: Sale of Unpackaged Cigarettes $500
Subtitle 4: Placement of Tobacco Products and
Smoking Devices $500
Subtitle 5: Unlawful Distribution $500
Subtitle 6: Flavored Tobacco Wrappings $500
Subtitle 7: Mobile Vendors $500
Subtitle 8: Smoking Near Playgrounds $500
Subtitle 9: Nicotine Replacement Therapy Products $100
Subtitle 10: Tobacco Product Use in Stadiums
Non-professional sporting event $50
Professional sporting event $500
Title 16: Psychoactive Substances
Subtitle 2. Prohibited Conduct $1,000
Title 19: Pesticides $250
*History: Ord. 03-595* *History: Ord. 04-672* *History: Ord. 04-675* *History: Ord. 04-683* *History: Ord. 06-183* *History: Ord. 06-205* *History: Ord. 06-232* *History: Ord. 06-247* *History: Ord. 06-316* *History: Ord. 07-392* *History: Ord. 07-430* *History: Ord. 08-040* *History: Ord. 08-058* *History: Ord. 08-063* *History: Ord. 08-065* *History: Ord. 08-077* *History: Ord. 09-100* *History: Ord. 09-148* *History: Ord. 09-172* *History: Ord. 09-234* *History: Ord. 09-252* *History: Ord. 10-340* *History: Ord. 11-478* *History: Ord. 11-523* *History: Ord. 11-573* *History: Ord. 12-046* *History: Ord 12-061* *History: Ord. 12-065* *History: Ord. 13-093* *History: Ord. 13-111* *History: Ord. 13-157* *History: Ord. 13-161* *History: Ord. 14-208* *History: Ord. 14-212* *History: Ord. 14-237* *History: Ord. 14-310* *History: Ord. 15-389* *History: Ord. 15-427* *History: Ord. 15-435* *History: Ord. 16-440* *History: Ord. 16-503* *History: Ord. 16-545* *History: Ord. 16-581* *History: Ord. 16-586* *History: Ord. 16-593* *History: Ord. 17-015* *History: Ord. 19-218* *History: Ord. 19-251* *History: Ord. 19-263* *History: Ord. 19-264* *History: Ord. 20-338* *History: Ord. 20-340* *History: Ord. 20-353* *History: Ord. 20-361* *History: Ord. 20-364A* *History: Ord. 20-430* *History: Ord. 21-034* *History: Ord. 22-124* *History: Ord. 22-170* *History: * *History: * *History: * *History: * *History: * *History: * *History: * *History: * *History: * ### Subtitle 42 – Department of Consumer Protection and Business Licensing #### Part I – Department Established ##### § 42-1 Definitions. Balt., Md., Code art. 1, § 42-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Board” means the Baltimore City Board of Consumer Protection and Business Licensing. (c) “Business” means any person engaged in an enterprise for profit that operates in Baltimore City. (d) “Complainant” means the person who initiated a complaint to the Department of Consumer Protection and Business Licensing under this subtitle. (e) “Department” means the Baltimore City Department of Consumer Protection and Business Licensing. (f) “Director” means the Director of the Baltimore City Department of Consumer Protection and Business Licensing or the Director’s designee. (g) “Respondent” means a business that is the subject of a complaint under this subtitle. (h) “Unfair, abusive, or deceptive trade practices” has the meaning stated in Title 13 of the State Commercial Law Article. *History: * ##### § 42-2 Department established. Balt., Md., Code art. 1, § 42-2 (2026) There is a Baltimore City Department of Consumer Protection and Business Licensing. *History: * ##### § 42-3 Purpose. Balt., Md., Code art. 1, § 42-3 (2026) The purpose of the Department is: (1) to centralize the administration of City business licenses, permits, and practices specified in subsection § 42-9 {“Business practices under oversight of the Department – Listing”} of this subtitle; (2) to ensure compliance with City licensing requirements; (3) to ensure City businesses are properly licensed and operating in accordance with City law; (4) to investigate claims of unfair, abusive, or deceptive trade practices; and (5) to enforce business licensing and consumer protection provisions of the City Code. *History: * ##### § 42-4 Powers. Balt., Md., Code art. 1, § 42-4 (2026) The Department may: (1) administer, oversee, and enforce City business licenses, permits, and practices, including business processes and related licenses created by the subtitles specified in § 42-9 {“Business practices under oversight of the Department – Listing”} of this subtitle; (2) receive complaints and take action to investigate complaints of: (i) businesses operating without a license; (ii) businesses operating with improper licensing; (iii) businesses violating the terms of a business license; and (iv) unfair, abusive, or deceptive trade practices against consumers under City Code Article 2, Subtitle 4 {“Unfair, abusive, or deceptive trade practices”}; (3) set licensing fees, with the approval of the Board of Estimates; (4) bring enforcement actions against a business for violating City law, including initiating a hearing before the Board of Consumer Protection and Business Licensing; (5) issue summonses and subpoenas during an investigation under this subtitle; (6) issue environmental citations, as described under subtitle 40 of this article; (7) issue civil citations, as described under subtitle 41 of this article; (8) report to any appropriate government agency with jurisdiction any information concerning violation of any consumer protection law; and (9) advise the Mayor and City Council on issues relevant to City business licensing and consumer protection. *History: * ##### § 42-5 Director of the Department. Balt., Md., Code art. 1, § 42-5 (2026) (a) The Director is responsible for the administration and oversight of the Department. (b) The Director is appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (c) The Director shall receive such salary as may be provided for in the Ordinance of Estimates. *History: * ##### § 42-6 Staff and budget. Balt., Md., Code art. 1, § 42-6 (2026) (a) The Department may employ staff in accordance with the Ordinance of Estimates. (b) The Department may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. *History: * ##### § 42-7 Rules and regulations. Balt., Md., Code art. 1, § 42-7 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director must adopt rules and regulations to carry out this subtitle. *History: * ##### § 42-8 Annual report. Balt., Md., Code art. 1, § 42-8 (2026) On or before June 30 of each year, the Department must submit an annual report for the previous calendar year to the Mayor and City Council that details: (1) the activities of the Department; and (2) complaints received by the Department, including the following information: (i) number of complaints filed and investigated by the Department; (ii) number of investigations initiated by the Department; (iii) nature of complaints filed with the Department; and (iv) the disposition or resolution of each complaint or investigation; and (3) recommendations for additional legislation and policy to regulate business licensing and protect consumers. *History: * ##### § 42-9 Business practices under oversight of the Department – Listing. Balt., Md., Code art. 1, § 42-9 (2026) The Department is responsible for the administration, oversight, and enforcement of the business processes, related licenses, and prohibitions created by the subtitles listed below: (1) Subtitle 1. Auctions Subtitle 4. Unfair, Abusive, or Deceptive Trade Practices Subtitle 6. “Going Out of Business” Sales Subtitle 7. Scrap Collectors and Scavengers Subtitle 8. Scrap Metal Dealers Subtitle 10. Motor Fuel Sales Subtitle 11. Pawnbrokers Subtitle 12. Second-Hand Property, Antiques, and Consignment Goods (2) Subtitle 13. Licensing of Peep Show Establishments (3) Subtitle 2. Amusements Subtitle 3. Amusement Device Location Permits Subtitle 6. Carriages, Wagons, Boats, and Scows Subtitle 7. Employment Agencies Subtitle 9. Late-Night Commercial Operations Subtitle 11. Massage Establishments Subtitle 12. Commercial Parking Facilities Subtitle 13. Special-Event Parking Lots Subtitle 15. Street Entertainers Subtitle 17. Street Vendors Subtitle 18. Itinerant Wholesale Produce Dealers Subtitle 20. Transient Merchants Subtitle 22. Towing Services – Trespass Towing *History: * ##### §§ 42-10 to 42-15 Balt., Md., Code art. 1, § 42-10 to 42-15 (2026) Reserved *History: * #### Part II – Board of Consumer Protection and Business Licensing ##### § 42-16 Established. Balt., Md., Code art. 1, § 42-16 (2026) There is a Board of Consumer Protection and Business Licensing. *History: * ##### § 42-17 Composition. Balt., Md., Code art. 1, § 42-17 (2026) (a) The Board comprises the following 5 members, appointed by the Mayor in accordance with Article IV, § 6 {“Appointments of municipal officers.”} of the Baltimore City Charter: (1) 1 member nominated in consultation with the President of the City Council; (2) 1 member nominated in consultation with the City Comptroller; and (3) 3 members named by the Mayor, at least 2 of whom must be members of the Maryland Bar. (b) A Board member must: (i) be an individual of known personal integrity; (ii) possess a recognized knowledge in business licensing or consumer protection; and (iii) be a resident of the City of Baltimore. (c) The Director shall designate Department staff to assist the Board in carrying out its functions. *History: * ##### § 42-18 Terms of office and organization. Balt., Md., Code art. 1, § 42-18 (2026) (a) A Board member shall serve a term of 4 years, concurrent with the terms of the Mayor and the City Council and, at the end of a term, a Board member continues to serve until a successor is appointed and qualified. (b) The members of the Board shall annually elect a chair from among the members of the Board. (c) If there is a vacancy in the membership of the Board, the new member shall be appointed in the same manner as the previous member. (d) The members of the Board shall receive no compensation for their services on the Board, but shall be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties. (e) (1) The Board shall meet at least monthly. (2) A majority of the members of the Board constitutes a quorum for the transaction of business. (f) Any appointed member of the Board who fails to attend 4 consecutive meetings without good cause, as determined by the Mayor, shall be deemed to have resigned. *History: * ##### § 42-19 Powers and duties. Balt., Md., Code art. 1, § 42-19 (2026) (a) The Board shall adjudicate all hearings of the Department, unless otherwise provided by law. (b) In coordination and consultation with the Department, the Board shall: (1) review and propose improvements to existing City rules, regulations, and laws with respect to business licensing and consumer protection; (2) research and recommend new programs and training that could be delivered to consumers and businesses; and (3) evaluate current programs and proposed legislation to determine their impact on consumers and businesses. (c) As appropriate, the Board may hold informational hearings and undertake surveys and studies to: (1) evaluate existing City policies and procedures in regard to business licensing and consumer protection; and (2) make recommendations for the improvement of existing policies and procedures to the Director. (d) The Board shall submit an annual report on its activities to the Department to be included in the Department’s annual report to the Mayor and City Council, as described in § 42-8 {“Annual report”} of this subtitle. *History: * ##### §§ 42-20 to 42-25 Balt., Md., Code art. 1, § 42-20 to 42-25 (2026) Reserved *History: * #### Part III – Departmental Procedures ##### § 42-26 Commencement of action. Balt., Md., Code art. 1, § 42-26 (2026) (a) (1) Any person may file a written complaint with the Department alleging that a business is: (i) operating without a license; (ii) operating with improper licensure; (iii) violating the terms of a business license; or (iv) engaging in unfair, abusive, or deceptive trade practices against consumers. (2) A complaint filed under this subsection must be in the form required by the Director. (b) The Director may issue a written complaint alleging that a business is committing or has committed 1 or more of the acts described under § 42-28(a) {“Investigation procedures: Initiation of investigation”}. *History: * ##### § 42-27 Copy to respondent. Balt., Md., Code art. 1, § 42-27 (2026) (a) (1) Upon receipt or issuance of a complaint, the Department must, via regular mail, send a copy of the complaint to the business named in the complaint. (2) The business named in the complaint shall be the respondent. (b) For a complaint filed under § 42-26(a) {“Commencement of action: On complaint of other”} of this subtitle, the Director must redact from the copy sent to the respondent: (1) the complainant’s name; and (2) to the fullest extent possible, any other information that might identify the complainant. *History: * ##### § 42-28 Investigation procedures. Balt., Md., Code art. 1, § 42-28 (2026) (a) The Department shall investigate a complaint alleging that a business is: (1) operating without a license; (2) operating with improper licensure; or (3) violating the terms of a business license; or (4) engaging in unfair, abusive, or deceptive trade practices. (b) (1) If a complaint is not within the jurisdiction of the Department under subsection (a) of this section, the Department shall dismiss the complaint and, if appropriate, refer the complaint to another entity with jurisdiction over the matter. (2) If a complaint is dismissed under this subsection, the Department shall promptly notify the complainant and respondent. (c) (1) Upon receipt or issuance of a complaint, the Department shall promptly investigate the complaint. (2) In the course of an investigation, the Department may issue a subpoena to require any person to: (i) produce information, documents, reports, records, accounts, or any other evidence related to the allegations in the complaint; and (ii) appear under oath to give testimony related to the allegations in the complaint. (3) The Director may administer oaths as permitted under this section. (4) The Department shall prepare a written report of findings as soon as practicable after the conclusion of the investigation. *History: * ##### § 42-29 Director’s action upon completed report of findings. Balt., Md., Code art. 1, § 42-29 (2026) (a) If the Director determines that the report of findings contains information tending to substantiate an allegation in the complaint, the Director may, as appropriate for the nature of the offense and subject to other applicable law, take 1 or more of the following actions: (1) refer the complaint for a hearing before the Board; (2) issue a civil citation; (3) issue an environmental citation; (4) provide the respondent with the opportunity to remedy the behavior at issue in the complaint; and (5) pursue any other legal or equitable relief or enforcement available under the law. (b) (1) If the Director determines that the report of findings does not contain information that tends to substantiate an allegation in the complaint, the Director shall dismiss the complaint and, if appropriate, refer the complaint to another entity with jurisdiction over the matter. (2) If the Department dismisses a complaint under this subsection, the Director shall promptly notify the complainant and respondent of the dismissal. (c) Before revoking or suspending a license, the Department must provide notice and opportunity for a hearing before the Board, unless otherwise provided by law. *History: * ##### § 42-30 Licensing violations – Penalties. Balt., Md., Code art. 1, § 42-30 (2026) (a) In lieu of any other civil or criminal remedy or enforcement procedure, a person operating a business that is required to be licensed by one of the subtitles listed under § 42-9 of this subtitle may be issued a civil citation for: (1) operating a business without a license; (2) operating a business with an improper license; and (3) operating a business in violation of the terms of a license. (b) The issuance of a citation to enforce the provisions of a business license created in the subtitles listed under § 42-9 of this subtitle does not preclude the City from pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: * ##### §§ 42-31 to 42-35 Balt., Md., Code art. 1, § 42-31 to 42-35 (2026) Reserved *History: * #### Part IV – Hearing Procedures ##### § 42-36 Hearing procedures. Balt., Md., Code art. 1, § 42-36 (2026) (a) If the Director refers a complaint for a hearing before the Board under § 42-29 {“Director’s action upon completed report of findings”} of this subtitle, the Board must provide the respondent with notice and an opportunity for a hearing before the Board. (b) In any hearing conducted by the Board, the respondent is entitled to be represented by counsel. (c) The Board may issue a subpoena to require any person to: (1) produce information, documents, reports, records, accounts, or any other evidence; and (2) appear under oath to testify. (d) The Chair may administer oaths as permitted under this subtitle. *History: * ##### § 42-37 Board disposition and remedies. Balt., Md., Code art. 1, § 42-37 (2026) (a) If, upon consideration of the entire record produced at the hearing, the Board finds by a preponderance of the evidence that the respondent has violated the City Code, the Board may, as appropriate for the nature of the offense and subject to other applicable law, take 1 or more of the following actions: (1) issue an order directing the respondent to cease and desist from the violation; (2) issue a reprimand; (3) revoke or suspend the respondent’s license; (4) report to any appropriate government agency with jurisdiction any information concerning a violation of any law; (5) order the respondent to restore money or property to the person who made the complaint; (6) order the respondent to pay any costs of investigation or related activities of the Department; (7) impose and order the respondent to pay any relevant civil penalty authorized by law; and (8) take any other action that would: (i) assist the person who made the complaint in obtaining relief; or (ii) prevent future violations of law. (b) In ordering any remedy, the Board shall consider: (1) the severity of the violation; (2) the severity of any harm to consumers; (3) the motives of the respondent; (4) any previous violations by the same business or business owner; (5) whether the remedy will deter future misconduct; and (6) whether a stop order or restitution would sufficiently protect consumers or the person who made the complaint. *History: * ##### § 42-38 Enforcement by Director. Balt., Md., Code art. 1, § 42-38 (2026) (a) If any person does not comply with any subpoena issued under this subtitle, the Director may enforce the subpoena by seeking injunctive or other appropriate relief in a court of competent jurisdiction. (b) The Director may bring an action in any court of competent jurisdiction to recover any civil penalty imposed by the Director or the Board. (c) The Director may bring an action in any court of competent jurisdiction to enforce any order, decision, or other enforcement action of the Board. (d) The Director may seek injunctive or other appropriate relief in a court of competent jurisdiction to enforce any provision of law under the Department’s jurisdiction. *History: * ##### § 42-39 Assistance of City Solicitor and other departments. Balt., Md., Code art. 1, § 42-39 (2026) (a) (1) The Office of the City Solicitor shall reasonably assist the Department and Board in carrying out the Department’s and Board’s respective duties under this subtitle, including in any judicial enforcement action. (2) Nothing in this subtitle shall limit the authority of the Office of the City Solicitor to bring an enforcement action under City Code Article 2, Subtitle 4 {“Unfair, abusive, or deceptive trade practices”}. (b) The Department and Board may request the assistance of other City departments as necessary to carry out the Department and Board’s respective duties under this subtitle. *History: * ##### § 42-40 Judicial review. Balt., Md., Code art. 1, § 42-40 (2026) A respondent or other person aggrieved by a final decision of the Board or Director under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. *History: * ##### § 42-41 Confidentiality. Balt., Md., Code art. 1, § 42-41 (2026) (a) To the extent permitted by the Maryland Public Information Act, after a complaint is filed: (1) the proceedings, meetings, and activities of the Department, the Board, and the Department’s staff relating to the complaint are confidential; and (2) neither the Department, the Board, nor the Department’s staff may disclose any information relating to the complaint, including the identity of the complainant or the respondent. (b) (1) The Department may release any information other than the complainant’s identity if the respondent has agreed in writing to the release. (2) The Department may disclose the complainant’s identity to the respondent if the complainant has agreed in writing to the release. (c) To the extent permitted by the Maryland Public Information Act, the confidentiality protections imposed by this section terminate when the Director or Board determines that the respondent or another person has violated any provision of the City Code under the Department’s jurisdiction. *History: * ### Subtitles 43 to 48 ### Subtitle 49 – Commission on HIV/AIDS #### § 49-1 Commission established. Balt., Md., Code art. 1, § 49-1 (2026) There is a Commission on HIV/AIDS. *History: Ord. 03-516* #### § 49-2 Members. Balt., Md., Code art. 1, § 49-2 (2026) (a) The Commission consists of 34 members. Of these, 22 members are appointed by the Mayor in accordance with Article IV, § 6 of the Baltimore City Charter, 4 members are appointed by the President of the City Council, and 8 members serve ex officio. (b) Of the 26 appointed members, 2 shall be appointed from each of the following categories: (1) Charitable foundations (2 by Mayor). (2) Business community (2 by Mayor). (3) Faith community (1 by Mayor, 1 by Council President). (4) Recovery community (2 by Mayor). (5) Community-based organizations (2 by Mayor). (6) Local universities and university researchers (1 by Mayor, 1 by Council President). (7) Community, infected and affected (1 by Mayor, 1 by Council President). (8) Physicians (2 by Mayor). (9) Prevention providers (1 by Mayor, 1 by Council President). (10) Treatment providers (2 by Mayor). (11) Mental health providers (2 by Mayor). (12) Correctional institution (2 by Mayor). (13) Criminal justice system, including juvenile justice (2 by Mayor). (c) The 8 ex-officio members of the Commission are the following or their designated representatives: (1) Secretary of Health and Mental Hygiene. (2) Director of State AIDS Administration. (3) President of the Baltimore City Board of School Commissioners. (4) Health Commissioner. (5) a person appointed by the Health Commissioner. (6) President of the City Council. (7) Director of the Department of Social Services. (8) Commissioner of Housing. *History: Ord. 03-516* #### § 49-3 Terms, organization, etc. Balt., Md., Code art. 1, § 49-3 (2026) (a) Appointed members serve for a term of 4 years concurrent with the Mayor’s term of office. (b) Members serve without compensation. (c) (1) At the end of a term, an appointed member serves until a successor is appointed and qualifies. (2) A member who is appointed after a term has begun serves out the rest of the term and until a successor is appointed and qualifies. (d) (1) The Commission shall meet on the call of the Mayor or its Chair. (2) A majority of the members of the Commission constitutes a quorum for the transaction of business, and an affirmative vote by the majority of a quorum is sufficient for any official action. (e) The Commission may adopt rules to govern its meetings and operations. (f) (1) The Mayor shall designate an appointed member as Chair of the Commission. (2) The Chair may select other officers. *History: Ord. 03-516* #### § 49-4 Duties. Balt., Md., Code art. 1, § 49-4 (2026) The Commission shall: (1) assess and maintain an accurate demographic profile on HIV/AIDS incidence and prevalence rates; (2) design and develop a Strategic Plan for Baltimore, with input from key stakeholders in the community, and provide leadership to implement the Strategic Plan; (3) recommend appropriate legislation and other actions to control, treat, and prevent the further spread of HIV/AIDS in Baltimore; (4) provide policy guidance, recommendations, and consultation to the City Health Department and the City’s health community on the best prevention and treatment programs available to protect our citizens; (5) serve as advocates for program development and funding for programs most productive for Baltimore; and (6) keep the City Council and the Mayor informed of critical HIV/AIDS prevention strategies and programs. *History: Ord. 03-516* ### Subtitle 50 – Baltimore Benefits Commission #### § 50-1 Commission established. Balt., Md., Code art. 1, § 50-1 (2026) There is a Baltimore Benefits Commission. *History: Ord. 04-890* #### § 50-2 Members. Balt., Md., Code art. 1, § 50-2 (2026) (a) (1) The Commission consists of 21 members. (2) Of these: (i) 19 members serve ex officio; and (ii) 2 members are appointed by the Mayor in accordance with Article IV, § 6 of the Baltimore City Charter. (b) The ex officio members are the following or their designated representatives: (1) Mayor. (2) President of the City Council. (3) Director, Department of Human Resources. (4) Labor Commissioner. (5) Director, Department of Finance. (6) Budget Chief, Department of Finance. (7) Chief, Fire Department (8) Executive Director, Commission on the Aging and Retirement Education. (9) Executive Director, Employees’ Retirement System. (10) Executive Director, Fire and Police Employees’ Retirement System. (11) President, Metropolitan Baltimore Council, AFL-CIO. (12) President, Managerial and Professional Society of Baltimore, Inc. (13) President, Baltimore Teachers Union. (14) President, City Union of Baltimore. (15) President, American Federation of State, County, and Municipal Employees, Local 44. (16) President, Baltimore Fire Fighters Association, Local 734. (17) President, Baltimore City Fire Fighters, Local 964. (18) President, Fraternal Order of Police, Lodge #3. (19) Commissioner, Baltimore City Police Department. (c) Of the appointed members: (1) 1 must be an active City employee; and (2) 1 must be a retired City employee. *History: Ord. 04-890* *History: Ord. 09-165* #### § 50-3 Organization, Meetings, etc. Balt., Md., Code art. 1, § 50-3 (2026) (a) (1) The Mayor shall designate a member as Chair of the Commission. (2) The Chair may select other officers. (b) (1) A majority of the members of the Commission constitutes a quorum for the transaction of business (2) An affirmative vote by the majority of a quorum is sufficient for any official action. (c) The Commission may adopt rules to govern its meetings and operations. *History: Ord. 04-890* #### § 50-4 Staff. Balt., Md., Code art. 1, § 50-4 (2026) In consultation with the Commission, the Director of Finance shall assign staff from the Department of Finance to assist the Commission in its efforts. *History: Ord. 04-890* #### § 50-5 Duties. Balt., Md., Code art. 1, § 50-5 (2026) The Commission shall: (1) study and monitor the compensation and other benefits (including health, retirement, life and disability insurance, and other benefits) provided or, from time to time, proposed to be provided by the City to its employees and retirees; and (2) on or before June 30 of each year, submit a report to the Board of Estimates recommending specific methods to: (i) improve communications between administrators and beneficiaries concerning available benefits and proposed changes to them; and (ii) generally improve the administration of benefits for employees and retirees. *History: Ord. 04-890* #### § 50-6 Cooperation with Commission. Balt., Md., Code art. 1, § 50-6 (2026) (a) Any information that the Commission requests from a City department or agency shall be provided to the Commission in a timely manner, so as not to impede the Commission’s purpose and function. (b) The City Department of Human Resources shall make available to the Commission the findings of all health care or prescription drug plans that pertain to City employees and retirees. *History: Ord. 04-890* ### Subtitle 51 – Baltimore City Veterans Commission #### § 51-1 “Veteran” defined. Balt., Md., Code art. 1, § 51-1 (2026) In this subtitle, “veteran” means a person who: (1) served in the active military service of: (i) the Army, Navy, Marine Corps, or Air Force; (ii) the Coast Guard, Public Health Service Commissioned Corps, or Merchant Marines; (iii) the Army, Air, or State National Guard; or (iv) a reserve component of one of these services; and (2) was released from that service other than by dishonorable discharge. *History: Ord. 06-362* #### § 51-2 Commission established. Balt., Md., Code art. 1, § 51-2 (2026) (a) There is a Baltimore City Veterans Commission. (b) (1) The Commission comprises 11 members, who shall be appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (2) The 11 members shall include: (i) 4 members recommended by the President of the City Council; (ii) the Police Commissioner or the Commissioner’s designee; and (iii) the Fire Chief or the Chief’s designee. (c) (1) Except as provided in this subsection. each appointed member must be a veteran. (2) Of the 4 members recommended by the City Council President, 1 shall be a member of the City Council, who need not be a veteran. (3) The Police Commissioner or designee and the Fire Chief or designee need not be veterans. *History: Ord. 06-362* *History: Ord. 12-002* #### § 51-3 Purpose. Balt., Md., Code art. 1, § 51-3 (2026) The Veterans Commission is dedicated to: (1) providing assistance to veterans who reside in the City, are employed by the City, or are retired City employees, and their families, when in need; and (2) working with the Mayor and City Council, veterans groups, and others on policies, programs, and concerns related to veterans and their families. *History: Ord. 06-362* #### § 51-4 Terms, compensation, vacancies. Balt., Md., Code art. 1, § 51-4 (2026) (a) (1) Commission members serve for a term of 4 years, concurrent with the terms of the Mayor and the City Council. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (b) The members of the Commission: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. (c) A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. *History: Ord. 06-362* *History: Ord. 16-503* #### § 51-5 Officers; committees. Balt., Md., Code art. 1, § 51-5 (2026) (a) (1) The Mayor shall designate a member of the Commission to serve as its Chair. (2) Members of the Commission may select any other officers they consider necessary or appropriate. (b) The Chair may appoint committees to assist the Commission in carrying out its functions and duties. *History: Ord. 06-362* #### § 51-6 Meetings; quorum. Balt., Md., Code art. 1, § 51-6 (2026) (a) (1) The Commission shall meet at the call of the Chair as frequently as required to perform its duties. (2) A majority of the members of the Commission constitutes a quorum for the transaction of business. (3) An affirmative vote by the majority of a quorum is needed for any official action. (b) The Commission may adopt rules of procedure to govern its meetings and operations. (c) If any member is absent from regularly scheduled meetings more than 3 times in 1 year, not counting absences excused by the Chair: (1) the member is considered to have resigned; and (2) the Chair shall request that member’s appointing authority to fill the resultant vacancy. *History: Ord. 06-362* #### § 51-7 Personnel; budget. Balt., Md., Code art. 1, § 51-7 (2026) (a) (1) The Commission may appoint a properly qualified person as its Executive Director. (2) The Executive Director is entitled to a salary, as provided in the Ordinance of Estimates. (3) The Executive Director shall perform the duties that the Commission prescribes. (b) (1) The Executive Director may employ a staff as provided in the Ordinance of Estimates. (2) Staff members shall be members of the classified service. (c) The Commission may engage the services of volunteer workers and consultants, without salary, as it considers necessary from time to time. (d) The Commission may expend funds as authorized in the Ordinance of Estimates or in any supplemental appropriations. *History: Ord. 06-362* #### § 51-8 Powers and duties. Balt., Md., Code art. 1, § 51-8 (2026) (a) The Commission shall assist veterans who reside in the City, are employed by the City, or are retired City employees, and their families, in matters relating to: (1) educational training and retraining services and facilities; (2) health, medical, and rehabilitation services and facilities; (3) special rights and privileges provided by federal, state, and local laws and regulations; (4) employment and reemployment services; and (5) other matters of a related or similar nature. (b) The Commission shall serve as a resource for information relating to veterans’ issues. (c) The Commission shall undertake and support activities and programs to: (1) increase community awareness of veterans’ rights; (2) honor and memorialize deceased veterans; and (3) honor those currently serving in the armed forces. *History: Ord. 06-362* #### § 51-9 Agency cooperation. Balt., Md., Code art. 1, § 51-9 (2026) At the request of the Commission, all City officials and agencies shall cooperate with the Commission and extend the services and facilities that the Commission requires. *History: Ord. 06-362* ### Subtitle 52 – Baltimore City Hispanic Commission #### § 52-1 Commission established. Balt., Md., Code art. 1, § 52-1 (2026) (a) There is a Baltimore City Hispanic Commission. (b) (1) The Commission comprises 13 voting members, appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (2) 1 of the voting members shall be a member of the City Council, nominated by the City Council President. (3) At least 7 of the voting members shall be representatives of the Hispanic community in Baltimore City. (c) The following non-voting members also serve on the Commission: (1) a representative of the Mayor’s Office; (2) the Director of the Department of Public Works, or the Director’s designee; (3) the Commissioner of Housing and Community Development, or the Commissioner’s designee; (4) the Director of the Department of Health, or the Director’s designee; and (5) the CEO of the Baltimore City Public School System, or the CEO’s designee. *History: Ord. 07-620* *History: Ord. 12-048* #### § 52-2 Purpose. Balt., Md., Code art. 1, § 52-2 (2026) The Hispanic Commission is dedicated to: (1) Identifying and defining issues concerning the rights and needs of Baltimore’s Hispanic Community. (2) Advising the Mayor and City agencies on the development of relevant policies, plans, and programs that affect Hispanics. (3) Advising the City Council on issues of concern to the City’s Hispanic community. (4) Establishing and maintaining relationships with city agencies and members of the private sector. (5) Creating a central source of information for Baltimore’s Hispanic Community. (6) Reviewing and commenting on any proposed legislation, regulation, policy, or program that affects the Hispanic population. *History: Ord. 07-620* #### § 52-3 Terms, compensation, vacancies. Balt., Md., Code art. 1, § 52-3 (2026) (a) (1) Commission members appointed by the Mayor serve for a term of 4 years, concurrent with the term of the Mayor. The member appointed from the City Council serves for a term concurrent with that member’s term on the City Council. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (b) The members of the Commission: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. (c) (1) A member appointed to fill a vacancy must meet the same qualifications for appointment as the member being succeeded. (2) A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. *History: Ord. 07-620* *History: Ord. 16-503* #### § 52-4 Officers; committees. Balt., Md., Code art. 1, § 52-4 (2026) (a) (1) The Mayor shall designate a voting member of the Commission to serve as the Chair of the Commission. (2) Members of the Commission shall by majority vote select any other officers they consider necessary or appropriate. (b) The Chair may appoint committees to assist the Commission in carrying out its functions and duties. *History: Ord. 07-620* #### § 52-5 Meetings; quorum. Balt., Md., Code art. 1, § 52-5 (2026) (a) (1) The Commission shall meet at the call of the Chair as frequently as required to perform its duties. (2) A majority of the voting members of the Commission constitutes a quorum for the transaction of business. (3) An affirmative vote by the majority of a quorum is needed for any official action. (b) The Commission may adopt rules of procedure to govern its meetings and operations. (c) If any member is absent from regularly scheduled meetings more than 3 times in 1 year, not counting absences excused by the Chair: (1) the member is considered to have resigned; and (2) the Chair shall request the Mayor to fill the resultant vacancy. *History: Ord. 07-620* #### § 52-6 Personnel; budget. Balt., Md., Code art. 1, § 52-6 (2026) (a) (1) The Commission may appoint a properly qualified person as the Executive Director of the Commission, to serve for a term of 4 years concurrent with the term of the Mayor. (2) The Executive Director is entitled to a salary, as provided in the Ordinance of Estimates. (3) The Executive Director shall perform the duties that the Commission prescribes. (b) (1) The Executive Director may employ a staff as provided in the Ordinance of Estimates. (2) Staff members shall be members of the classified service. (c) The Commission may engage the services of volunteer workers and consultants, without salary, as it considers necessary from time to time. (d) The Commission may expend funds as authorized in the Ordinance of Estimates. *History: Ord. 07-620* #### § 52-7 Powers and duties. Balt., Md., Code art. 1, § 52-7 (2026) (a) The Commission shall assist Hispanics who reside in the City in matters relating to: (1) education or workforce training; (2) health and medical services; (3) special rights and privileges provided by federal, state, and local laws and regulations; (4) employment; and (5) any other matters. (b) The Commission shall serve as a resource for information relating to issues affecting Baltimore Hispanics. (c) The Commission shall: (1) conduct research, policy analysis, and public information and education programs on issues affecting Hispanics; and (2) institute and conduct other programs, meetings, and conferences to promote equal rights and opportunities for Hispanics (d) The Commission shall: (1) review and monitor the conditions of Hispanics in the workforce in Baltimore City; and (2) direct attention to the problems facing Hispanics in the workforce. (e) The Commission shall: (1) advise and counsel the Mayor, the City Council, and the various departments and agencies of the City on all issues of concern to the Hispanic community; and (2) recommend programs and legislation it considers necessary and proper. (f) The Commission shall review and evaluate the impact of existing and proposed policies, programs, and legislation affecting Hispanics. (g) The Commission shall act as a representative of the Mayor and City Council in dealing with the private sector and with other governments in an effort to develop additional private and public resources to provide better programs for the Hispanic community. *History: Ord. 07-620* #### § 52-8 Agency cooperation. Balt., Md., Code art. 1, § 52-8 (2026) At the request of the Commission, all City officials and agencies shall cooperate with the Commission and extend the services and facilities that the Commission requires, to the extent that the officials and agencies are able to do so given their personnel and budgets as provided in the Ordinance of Estimates. *History: Ord. 07-620* #### § 52-9 Annual report. Balt., Md., Code art. 1, § 52-9 (2026) The Commission shall submit to the Mayor an annual report on its activities. *History: Ord. 07-620* ### Subtitle 53 – Language Access #### § 53-1 Definitions. Balt., Md., Code art. 1, § 53-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Covered entity” means any municipal agency, as defined in Article 1, § 2(j) of the City Charter, that delivers a direct public service. (c) “Designated Citywide language” means a language that, according to United States Census data, is the primary language used by at least 3 percent of the City’s total population or 500 LEP individuals, whichever is less. (d) “Direct public service” means the provision of a good or service, including monetary goods, by a covered entity. (e) “Grant” means funds, regardless of source, that are controlled by the City and allocated from the City to a grantee for a specific purpose. (f) “Grantee” means a legal entity to which a grant is made. (g) “Language access services” means the methods used by a covered entity to limit language barriers and provide LEP individuals with meaningful access. (h) “Limited English Proficient individual” or “LEP individual” means: (1) an individual who does not speak English as the individual’s primary language; and (2) an individual who has a limited ability to read, speak, write, or understand English. (i) “Major public contact” means the employees and representatives of a covered entity who interact with members of the public at least twice in an average workday. (j) “Meaningful access” means an LEP individual has the ability to use timely, accurate, and effective language access services at no cost to the individual in order to receive services and benefits comparable to those enjoyed by English proficient individuals. (k) “MIMA” means the Mayor’s Office of Immigrant Affairs or its successor agency. (l) “Subgrant” means an allocation of grant funds by a grantee to a separate legal entity. (m) “Subgrantee” means a legal entity to which a subgrant is awarded. (n) “Vital document” means any form, permit, record, or other official document produced by the City that an individual applying for a service or benefit from a covered entity must understand, respond to, or complete to access or continue to access a direct public service. *History: * *History: * #### § 53-2 Covered entity with major public contact. Balt., Md., Code art. 1, § 53-2 (2026) (a) A covered entity with major public contact shall provide an LEP individual with meaningful access to all of the covered entity’s services and programs. (b) (1) A covered entity with major public contact shall designate, in consultation with the Department of Human Resources, where required, at least 1 employee to be the language access liaison for the covered entity. (2) A language access liaison shall: (i) consult with MIMA and the director of the covered entity to develop a Language Access Plan as required under subsection (c) of this section. (ii) continually assess the covered entity’s Language Access Plan for effectiveness and initiate changes, if needed; and (iii) coordinate the preparation and submission of the annual report required under § 53-4 of this subtitle. (c) (1) In consultation with MIMA, the language access liaison and director of a covered entity with major public contact shall develop and implement a Language Access Plan. (2) A Language Access Plan shall include: (i) a description of how the covered entity will implement its language access services; (ii) the methods the covered entity will use to monitor the covered entity’s compliance with: (A) the Language Access Plan; (B) the provisions of this subtitle; and (C) any other applicable laws, rules, and regulations regarding language access; (iii) the types of oral language services that the covered entity will provide; (iv) the titles of translated documents that the covered entity will provide; (v) the names and contact information of employees who will serve as points of contact for LEP individuals; (vi) the methods the covered entity will use to assess and evaluate the language access needs of a LEP individual attempting to access the entity’s services; and (vii) protocols to provide public notice of the availability of language services to LEP individuals. (3) A covered entity shall make the entity’s Language Access Plan available to the public. (4) A covered entity shall update and submit to MIMA the entity’s Language Access Plan by January 1 of every even-numbered year. *History: * *History: * #### § 53-3 Grantees and subgrantees. Balt., Md., Code art. 1, § 53-3 (2026) A grantee, subgrantee, or contractor with major public contact shall provide LEP individuals with meaningful access. *History: * *History: * #### § 53-4 Language access services. Balt., Md., Code art. 1, § 53-4 (2026) A covered entity shall provide the following language access services to an LEP individual: (1) translate to each designated Citywide language and make available all City-created vital documents, including website content and other materials needed to access the entity’s services; (2) make available oral language services in all designated Citywide languages and, when practicable, other languages, to an LEP individual seeking to participate in a program or service offered by the agency; and (3) when practicable, hire qualified multilingual individuals into existing budgeted vacant positions that have high contact with the public. *History: * *History: * #### § 53-5 Annual report. Balt., Md., Code art. 1, § 53-5 (2026) (a) In general. On or before October 31 of each year, each covered entity shall file an annual report with MIMA and the Department of Legislative Reference. (b) Contents. The report required under this subsection shall include: (1) an assessment of the covered entity’s preparation and implementation of its Language Access Plan; and (2) data and performance metrics as required by the Director of MIMA. *History: * *History: * #### § 53-6 Role of MIMA or its successor agency. Balt., Md., Code art. 1, § 53-6 (2026) Subject to the appropriation of funds in the annual Ordinance of Estimates and supplementary appropriations, MIMA shall: (1) provide oversight, coordination, and technical assistance to a covered entity with major public contact as the covered entity prepares and implements a Language Access Plan; (2) provide guidance to covered entities as the covered entities adhere to the requirements of this subtitle; (3) identify and designate Citywide designated languages; (4) designate covered entities with major public facing contact; and (5) make each covered entity’s Language Access Plan available on MIMA’s website and, upon request, provide information about covered entities’ compliance with this subtitle available to the public in all designated Citywide languages. *History: * *History: * #### § 53-7 Rules and regulations. Balt., Md., Code art. 1, § 53-7 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of MIMA shall adopt rules and regulations to carry out this subtitle. *History: * *History: * ### Subtitle 54 – Mayor’s Office of Immigrant Affairs #### § 54-1 Definitions. Balt., Md., Code art. 1, § 54-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Director” means the Director of Immigrant Affairs. (c) “Immigrant” means an individual: (1) who is a resident of Baltimore City; and (2) whose country of origin is a country other than the United States. (d) “Office” means the Mayor’s Office of Immigrant Affairs. *History: * #### § 54-2 Office established. Balt., Md., Code art. 1, § 54-2 (2026) There is an Office of Immigrant Affairs in the Office of the Mayor. *History: * #### § 54-3 Purpose. Balt., Md., Code art. 1, § 54-3 (2026) The purpose of the Office is to promote the well-being, economic development, and integration of Baltimore City’s immigrant communities. *History: * #### § 54-4 Office - Powers and duties. Balt., Md., Code art. 1, § 54-4 (2026) The office shall have the power and duty to perform the following functions: (1) advise the Mayor, City Council, and City agencies on ways to enhance and improve access to City services and resources for immigrants; (2) advise the Mayor, City Council, and City agencies on ways to strengthen opportunities for immigrants to participate in the civic life of the City; (3) implement and coordinate City policies regarding issues affecting immigrant communities; (4) advocate for equal treatment of immigrants and equitable access to City services; (5) review proposed legislation referred to the Office by the City Council and assess its impact on the economic, physical, social, emotional, and intellectual welfare of immigrants; (6) improve the services available to immigrants by advocating for changes in: (i) public policy; (ii) service delivery; and (iii) funding; (7) develop, implement, and coordinate policies that facilitate City agencies’ compliance with all federal, State, and local language access laws; (8) advance the Office’s mission by working in partnership with: (i) City agencies; (ii) City boards; (iii) City commissions; (iv) community organizations; and (v) the private sector; (9) serve as a liaison between the City and its immigrant communities; (10) establish and staff community advisory groups to provide strategic guidance and monitoring of initiatives relevant to the purpose of the Office; (11) solicit community and stakeholder input regarding the activities of the Office, including consultations with City agencies, boards, and commissions on implementation of programs and services relevant to immigrants; and (12) perform other duties as required by the Mayor. *History: * #### § 54-5 Director. Balt., Md., Code art. 1, § 54-5 (2026) (a) There is a Director of Immigrant Affairs, who is responsible for the administration and oversight of the Office. (b) The Director is appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (c) The Director shall receive such salary as may be provided in the Ordinance of Estimates. *History: * #### § 54-6 Staff and budget. Balt., Md., Code art. 1, § 54-6 (2026) (a) The Office may employ staff in accordance with the Ordinance of Estimates. (b) The Office may expend funds authorized in the Ordinance of Estimates or any supplemental appropriation. *History: * #### § 54-7 Annual report. Balt., Md., Code art. 1, § 54-7 (2026) On or before June 30 of each year, the Office shall submit a report to the Mayor and City Council detailing: (1) the activities of the Office; and (2) any specific policy or legislative proposals to advance the goals of the Office and the needs of immigrant communities in Baltimore. *History: * ### Subtitle 55 – Mayor’s Anti-Animal Abuse Advisory Commission #### § 55-1 Definitions. Balt., Md., Code art. 1, § 55-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Advisory Commission” means the Mayor’s Anti-Animal Abuse Advisory Commission established under this subtitle. *History: Ord. 10-369* #### § 55-2 Commission established. Balt., Md., Code art. 1, § 55-2 (2026) There is a Mayor’s Anti-Animal Abuse Advisory Commission. *History: Ord. 10-369* #### § 55-3 Advisory Commission membership. Balt., Md., Code art. 1, § 55-3 (2026) (a) (1) The Advisory Commission consists of 15 members. (2) Of these: (i) 7 members are appointed by the Mayor in accordance with Article IV, § 6 of the Baltimore City Charter; and (ii) 8 members are ex-officio members. (b) The 7 appointed members of the Advisory Commission are as follows: (1) 2 members representing: (i) animal rescue groups; or (ii) animal advocacy organizations; (2) 2 at-large members, nominated by the Mayor; (3) 1 member of the City Council, nomimated by the President of the City Council, and; (4) 2 at-large members, nominated by the President of the City Council. (c) The 8 ex-officio members are the following, or their designated representatives: (1) the Mayor; (2) the President of the City Council; (3) the State’s Attorney for Baltimore City; (4) the Baltimore City Sheriff; (5) the Police Commissioner; (6) the Health Commissioner; (7) the Director of the Bureau of Animal Control; and (8) the Chief Executive Officer, Executive Director, or Director of an animal shelter operating within the boundaries of the City. (d) The appointment of members must be made without regard to political affiliation. *History: Ord. 10-369* *History: Ord. 12-060* *History: * #### § 55-4 Terms, compensation, vacancies. Balt., Md., Code art. 1, § 55-4 (2026) (a) (1) Advisory Commission members serve for a term of 4 years, concurrent with the terms of the Mayor and the City Council. (2) At the end of a term, an Advisory Commission member continues to serve until a successor is appointed and qualifies. (3) Advisory Commission members may be reappointed, but may not serve more than 3 terms. (b) The members of the Advisory Commission: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. (c) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term. *History: Ord. 10-369* *History: Ord. 12-060* *History: Ord. 16-503* #### § 55-5 Chair; committees. Balt., Md., Code art. 1, § 55-5 (2026) (a) The Mayor must designate a member of the Advisory Commission to serve as its Chair. (b) (1) The Chair may appoint committees to assist the Advisory Commission in carrying out its functions and duties. (2) Non-members of the Commission may be designated by the Chair, with the consent of the Commission, to participate as members of committees of the Commission. *History: Ord. 10-369* *History: Ord. 12-060* #### § 55-6 Meetings; quorum. Balt., Md., Code art. 1, § 55-6 (2026) (a) (1) The Advisory Commission shall meet at least 2 times each calendar year. (2) The Advisory Commission may hold additional meetings, at the call of the Chair, as frequently as required to perform its duties. (3) A majority of the members of the Advisory Commission constitutes a quorum for the transaction of business. (4) An affirmative vote by the majority of a quorum is needed for any official action. (b) The Advisory Commission may adopt rules of procedure to govern its meetings and procedures. (c) If any member is absent from regularly scheduled meetings more than 1 time in 1 year, not counting absences excused by the Chair: (1) the member is considered to have resigned; and (2) the Chair must request that the member’s appointing authority fill the resultant vacancy. *History: Ord. 10-369* *History: * #### § 55-7 Personnel; Budget. Balt., Md., Code art. 1, § 55-7 (2026) (a) The City Health Department shall provide adequate staff for the Advisory Commission to carry out its duties. (b) The Advisory Commission may engage the services of volunteer workers, without salary. (c) The Advisory Commission may expend funds as authorised in the Ordinance of Estimates. *History: * #### § 55-8 Powers and duties. Balt., Md., Code art. 1, § 55-8 (2026) (a) The Mayor’s Anti-Animal Abuse Advisory Commission may undertake the activities described in this section. (b) The Advisory Commission may research best practices in the following areas and provide recommendations to City agencies on each topic: (1) ways to eradicate animal abuse in the City of Baltimore, including dogfighting; (2) methods of increasing awareness of animal cruelty laws; (3) legislation to protect animals and prosecute abusers; (4) training techniques for law enforcement officials on how to handle animal cruelty cases humanely and to ensure acquisition of the best evidence to prosecute abusers; (5) steps to foster improved responses to incidents of animal cruelty; and (6) methods to improve training for animal control officers for their protection as well as the animals. (c) The Advisory Commission may: (1) review and monitor the successes and lessons learned in implementing its recommendations; (2) make recommendations for improving the effectiveness of programs targeting animal abuse; and (3) review and monitor ongoing animal cruelty calls and provide recommendations to City agencies for effective and timely investigation by and coordination among City agencies. (d) The Advisory Commission may review and evaluate the impact of existing and proposed policies, programs, and legislation affecting the effort to eradicate animal abuse in Baltimore. *History: Ord. 10-369* *History: * #### § 55-9 Agency assistance. Balt., Md., Code art. 1, § 55-9 (2026) At the request of the Advisory Commission, all City officials and agencies must extend the services and facilities required for the performance of the Advisory Commission’s duties, to the extent that those officials and agencies are able to do so given their personnel and budgets. *History: Ord. 10-369* *History: * #### § 55-10 Annual reports. Balt., Md., Code art. 1, § 55-10 (2026) The Advisory Commission must submit an annual report on its activities to the Mayor and City Council. *History: Ord. 10-369* *History: * #### § 55-11 Balt., Md., Code art. 1, § 55-11 (2026) Reserved #### § 55-12 Agency assistance. Balt., Md., Code art. 1, § 55-12 (2026) Reserved Recodified as Article 1, § 55-9. *History: Ord. 10-369* #### § 55-13 Annual reports. Balt., Md., Code art. 1, § 55-13 (2026) Reserved Recodified as Article 1, § 55-10. *History: Ord. 10-369* ### Subtitle 56 – Citizens Advisory Commission for Public Safety #### § 56-1 Commission established. Balt., Md., Code art. 1, § 56-1 (2026) There is a Baltimore City Citizens Advisory Commission for Public Safety. *History: Ord. 17-035* #### § 56-2 Commission composition. Balt., Md., Code art. 1, § 56-2 (2026) (a) (1) The Advisory Commission comprises 23 members. (2) Of these: (i) 20 members are appointed by the Mayor in accordance with City Charter Article IV, § 6; and (ii) 3 are ex officio members. (b) The members appointed by the Mayor are as follows: (1) a member of the Baltimore City House Delegation to the Maryland General Assembly, to be nominated by the Speaker of the House of Delegates; (2) a member of the Baltimore City Senate Delegation to the Maryland General Assembly, to be nominated by the President of the Senate; and (3) the following, to be nominated by the President of the City Council: (i) 2 Baltimore City residents; (ii) a representative of the Hispanic community; (iii) a representative of the lesbian, gay, bisexual, and transgender community; (iv) an individual with expertise in the area of reentry after incarceration; (v) a representative of the Fraternal Order of Police; (vi) a representative of the Vanguard Justice Society; (vii) a resident of Baltimore City public housing; (viii) an individual at least 14 years old or older and under the age of 21; and (ix) 1 resident of each of the 9 police districts of Baltimore City. (c) The ex officio members are as follows: (1) the Chair of the City Council’s Public Safety Committee or of any City Council Committee succeeding to the duties of the City Council’s Public Safety Committee (or the Chair’s designee) ; (2) the Police Commissioner (or the Commissioner’s designee); and (3) the Director of the Office of Civil Rights and Wage Enforcement or of any office or agency succeeding to the duties of the Office of Civil Rights and Wage Enforcement relevant to duties of the Citizens Advisory Commission for Public Safety (or the Director’s designee) . *History: Ord. 17-035* *History: Ord. 17-068* #### § 56-3 Term of appointed members. Balt., Md., Code art. 1, § 56-3 (2026) (a) (1) Appointed members of the Advisory Commission serve for a term of 4 years, concurrent with the term of the Mayor. (2) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. (b) A member appointed to fill a vacancy in a term: (1) must meet the same qualifications as that required for the member being succeeded; and (2) serves only for the rest of the term and until a successor is appointed and qualifies. (c) No appointed member may serve for more than 2 consecutive full terms. *History: Ord. 17-035* #### § 56-4 Officers; Committees. Balt., Md., Code art. 1, § 56-4 (2026) (a) Annually, the Advisory Commission: (1) shall elect one of its members to serve as the Commission’s Chair; and (2) and may elect from among its members a Vice-Chair and any other officers that the Commission considers necessary or appropriate. (b) The Advisory Commission may establish committees to assist it in carrying out its functions and duties. *History: Ord. 17-035* #### § 56-5 Meetings, quorum, etc. Balt., Md., Code art. 1, § 56-5 (2026) (a) (1) The Advisory Commission shall hold public meetings at least once quarterly. (2) All meetings of the Commission must be conducted in accordance with the State Open Meetings Act (Title 3 of the General Provisions Article of the Maryland Code). (b) A majority of the Commission’s authorized membership constitutes a quorum for the transaction of business. (c) An affirmative vote by a majority of a quorum is needed for any official action. (d) The Commission may adopt rules of procedure for the conduct of its meetings. *History: Ord. 17-035* #### § 56-6 Community Interaction Recommendations Reports. Balt., Md., Code art. 1, § 56-6 (2026) (a) In cooperation with the Baltimore City Police Department, the Advisory Commission shall develop annually a Community Interaction Recommendations Report. (b) The Report shall focus on making recommendations to create consistent positive interactions between police officers and community residents. (c) The report shall: (1) recommend ways that police officers, by actively participating in neighborhood meetings and events, can bring police together with a wide array of City residents; (2) identify ways to help build long–term consistent interaction between police officers and youth in Baltimore’s schools, recreation centers, and other youth programs; (3) identify ways that police officers can interact directly with members of the reentry community in a positive manner; (4) recommend ways that emphasis can be placed on creating positive interactions with Baltimore’s African-American, lesbian, gay, bisexual, and transgender, domestic-violence victim, public housing, and immigrant and refugee communities; (5) recommend ways that emphasis can be placed on improving relationships between the Police Department and the small business community; (6) provide ideas for citizen-involved training of police officers; (7) list and evaluate partnerships between the Police Department and nonprofit organizations and other non-law-enforcement entities; (8) include recommendations for homeless and lesbian, gay, bisexual, and transgender community interactions; (9) include recommendations on how to recruit and retain City residents as police officers; and (10) identify ways to form and maintain lasting and coordinated relationships with colleges and universities located in Baltimore City, including Morgan State University and Coppin State University. (d) On or before November 15 of each year, the Advisory Commission shall submit its Report for the ensuing calendar year to the City Council and, in accordance with § 2-1246 of the State Government Article, the members of the Baltimore City House and Senate Delegations to the Maryland General Assembly. *History: Ord. 17-035* ### Subtitle 57 – Office of LGBTQ Affairs #### § 57-1 Definitions. Balt., Md., Code art. 1, § 57-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commission” means the Baltimore City LGBTQ Commission. (c) “Director” means the Director of the Office of LGBTQ Affairs. (d) “Lesbian, gay, bisexual, transgender, and queer” or “LGBTQ” means individuals who identify themselves as lesbian, gay, bisexual, transgender, or queer, or individuals who are exploring their sexuality or sexual identity or who are concerned about applying a social label to themselves related to their sexuality or sexual identity. (e) “Office” means the Baltimore City Office of LGBTQ Affairs. *History: Ord. 21-028* #### § 57-2 Balt., Md., Code art. 1, § 57-2 (2026) Reserved #### § 57-3 Office established. Balt., Md., Code art. 1, § 57-3 (2026) There is a Baltimore City Office of LGBTQ Affairs. *History: Ord. 21-028* #### § 57-4 Director. Balt., Md., Code art. 1, § 57-4 (2026) (a) The Director is responsible for the administration and oversight of the Office. (b) The Director is appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. *History: Ord. 21-028* #### § 57-5 Balt., Md., Code art. 1, § 57-5 (2026) Reserved #### § 57-6 LGBTQ Commission. Balt., Md., Code art. 1, § 57-6 (2026) (a) There is a Baltimore City LGBTQ Commission within the Office. (b) The Commission shall: (1) advise the Office and the Mayor and City Council on issues relating to the lesbian, gay, bisexual, transgender, and queer community; and (2) collaborate and consult with the Office on matters relating to the discharge of the Office’s duties. (c) (1) The Commission comprises at least 14 members, but no more than 25 members, appointed by the Mayor in accordance with Article IV, § 6 of the City Charter with: (i) 2 members nominated by the City Council President; and (ii) 2 members nominated by the Comptroller. (2) (i) The Mayor shall appoint Commission members to represent the diversity of people and ideas within the Baltimore lesbian, gay, bisexual, transgender, and queer community. (ii) The Commission shall include, at a minimum, representation from lesbian, gay, bisexual, transgender, and queer community organizations representing health, social service, religious, and human rights issues and its members shall be representative of the diversity in the community with regard to socioeconomic status, religion, race, ethnicity, gender identification, age, and families. (c) (1) Commission members serve a term of 4 years, concurrent with the terms of the Mayor and the City Council. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. (d) The members of the Commission: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. (e) (1) The Commission shall elect a Chair from among its members. (2) The term of the Chair is 1 year. (3) The Chair may be reelected. (f) (1) The Commission shall meet at least monthly. (2) A majority of the members of the Commission constitutes a quorum for the transaction of business. *History: Ord. 21-028* #### § 57-7 Balt., Md., Code art. 1, § 57-7 (2026) Reserved #### § 57-8 Staff and budget. Balt., Md., Code art. 1, § 57-8 (2026) (a) The Office may employ staff in accordance with the Ordinance of Estimates. (b) The Office may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. *History: Ord. 21-028* #### § 57-9 Duties of the Office. Balt., Md., Code art. 1, § 57-9 (2026) In collaboration and consultation with the Commission, the Office shall: (1) develop proposed City policy regarding civil rights issues affecting LGBTQ people; (2) coordinate and participate in the implementation of policies and programs consistent with the City’s diversity and equity goals; (3) coordinate among City departments, agencies, offices, boards, and commissions to improve LGBTQ access to City services and to promote equality and safety for LGBTQ people; (4) support the growth and development of the City’s LGBTQ communities; (5) review proposed legislation referred to the Office by the City Council, assessing its probable effect on City LGBTQ communities; (6) serve as liaison between the City’s LGBTQ communities and the City; and (7) perform any other duty required by the Mayor. *History: Ord. 21-028* #### § 57-10 Annual report. Balt., Md., Code art. 1, § 57-10 (2026) On or before June 30 of each year, the Office shall submit a report to the Mayor and City Council detailing: (1) the activities of the Office and the Commission; and (2) any specific policy or legislative proposals to advance the needs of LGBTQ communities in Baltimore or the goals of the Office. *History: Ord. 21-028* ### Subtitle 58 – Coordinated Multi-Agency Code Inspections #### § 58-1 Scope of subtitle. Balt., Md., Code art. 1, § 58-1 (2026) This subtitle only applies to environmental citations issued to commercial properties for violations of: (1) Article 19, Subtitle 32 {“Minors – Sales in Proximity to Liquor Store”}; (2) Article 23 {“Sanitation”}; (3) Title 5, Subtitle 2 {“Nuisance Abatement”} of the Health Code; (4) Title 7 {“Waste Control”} of the Health Code; (5) Title 12 {“Tobacco Products and Smoking Devices”} of the Health Code; or (6) Title 15 {“Ephedrine Products”} of the Health Code. *History: Ord. 21-059* #### § 58-2 Retention of records. Balt., Md., Code art. 1, § 58-2 (2026) The original or a copy of a citation listed in §58-1 of this subtitle must be filed and retained in the records of: (1) the City Administrator; and (2) the Department of Housing and Community Development for inclusion in its open data mapping application.” *History: Ord. 21-059* #### § 58-3 Coordination of response. Balt., Md., Code art. 1, § 58-3 (2026) Within 30 days of receipt of an environmental citation described in §58-1 of this subtitle, the City Administrator may coordinate a multi-agency, comprehensive code inspection of the cited premises, as specified in subsection §58-4 of this subtitle. *History: Ord. 21-059* #### § 58-4 Multi-agency inspection team. Balt., Md., Code art. 1, § 58-4 (2026) (a) The multi-agency inspection team coordinated by the City Administrator under this subtitle shall include representatives from: (1) the Fire Department; (2) the Department of Health; and (3) the Department of Housing and Community Development. (b) Each agency specified in this section shall inspect the premises to ensure compliance with {the} laws, rules, and regulations administered by that agency. *History: Ord. 21-059* #### § 58-5 Monthly notice to Councilmembers. Balt., Md., Code art. 1, § 58-5 (2026) No later than the 1st of each month, the City Administrator shall inform each councilmember of the number and specific locations of any multi-agency inspections conducted, if any, pursuant to this subtitle in the previous month within the respective councilmember’s district. *History: Ord. 21-059* #### § 58-6 Quarterly report. Balt., Md., Code art. 1, § 58-6 (2026) The City Administrator shall submit a quarterly report to the Mayor and City Council detailing: (1) the number of multi-agency coordinated inspections conducted under this subtitle occurring in the previous quarter; (2) the number and types of violations discovered as the result of multi-agency coordinated inspections under this subtitle in the previous quarter; (3) any recommendations for legislative or administrative enhancements to improve community quality-of-life issues and multi-agency cooperation; (4) a breakdown of the number of inspections conducted by City Council district; (5) a map displaying the location of the citations; and (6) an agency-level breakdown of: (i) the amount of time between the initial complaint and the first inspection; (ii) the types of citations issued; (iii) the number of reinspections conducted within the time allotted; and (iv) the outcome of inspections, including: (A) how many resulted in a citation being issued; (B) how many violation notices were issued; (C) how many violations were abated within the time allotted; and (D) the number of outstanding citations and violations. *History: Ord. 21-059* ### Subtitle 59 – Community Reinvestment and Reparations Commission #### § 59-1 Definitions. Balt., Md., Code art. 1, § 59-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Area median income” means the median household income for an area adjusted for household size, as published and annually updated by the United States Department of Housing and Urban Development. (c) “Cannabis” has the meaning stated in § 5-101 {“Definitions”} of the State Criminal Law Article. (d) “Commission” means the Community Reinvestment and Reparations Commission. (e) “Community-based organization” means a public or private organization that is representative of a community or significant segments of a community, and provides educational, health, or social services to individuals in the community. (f) “Demonstrated knowledge” means an individual has displayed competency with a subject, as demonstrated by: (1) publishing written material (2) delivering programmatic offerings to the public; or (3) creating and providing to the public educational materials. (g) “Direct” means to carry out the organizing, energizing, and supervising of funds disbursed to the City pursuant to § 13-4601 {“Community Reinvestment and Repair Fund”} of the State Health-General Article . (h) “Fund” means the State Community Investment and Repair Fund. (i) “Low-income community” means a community where the average household income is less than 80% of the Area Median Income. (j) “Structural racism” means a policy or set of policies that widen the social and political disadvantages within society for members of 1 or more minority groups. (k) “White supremacy” means the belief, theory, or doctrine that white people are superior to those of other races and thus should dominate them. #### § 59-2 Commission created; purpose; duties. Balt., Md., Code art. 1, § 59-2 (2026) (a) There is a Community Reinvestment and Reparations Commission. (b) The purpose of the Commission is to determine the use of the funds disbursed to Baltimore City from the State Community Reinvestment and Repair Fund, direct the expenditures appropriated for those uses, and submit any reports required in accordance with Title 13, Subtitle 46 {“Community Reinvestment and Repair Fund”} of the State Health - General Article. (c) In accordance with the provisions of Title 13, Subtitle 46 {“Community Reinvestment and Repair Fund”} of the State Health - General Article, the members of the Commission shall: (1) establish the purposes for which money from the Fund may be used in accordance with Title 13, Subtitle 46 {“Community Reinvestment and Repair Fund”} of the State Health - General Article; (2) direct the expenditures appropriated for supplemental funding to community-based organizations for services and programs intended to benefit low-income communities in accordance with State law; (3) in directing expenditures as empowered under paragraph 2 of this subsection, prioritize community-based organizations that have been historically underfunded; and (4) prepare and publish the biannual report required by State law. #### § 59-3 Members. Balt., Md., Code art. 1, § 59-3 (2026) (a) (1) The Commission is comprised of 17 members. (2) Of these: (i) 16 members are appointed by the Mayor in accordance with Article IV, § 6 of the Baltimore City Charter; and (ii) 1 member shall be the Baltimore City Comptroller or the Comptroller’s designee, serving as an ex officio member. (b) Of the 16 members appointed by the Mayor: (1) 1 member must be appointed from each of the 14 Council Districts; (2) at least 1 member must be a service provider for incarcerated persons or persons with a criminal record; and (3) at least 1 member must be a representative from a community-based organization that works with low-income communities. (c) (1) Each member of the City Council and the City Council President shall propose 1 candidate to the Mayor for the Mayor’s consideration for appointment to the Commission. (2) The Mayor shall consider the candidates proposed by the City Council for appointment to the Board and may nominate the candidates at the Mayor’s discretion in accordance with City Charter Article IV, § 6. (3) If the Mayor rejects a candidate proposed by the City Council, the Mayor must provide a written response to the City Council justifying why the Mayor rejected the candidate. (d) General knowledge. An individual who is appointed to the Commission must have a demonstrated knowledge of 1 or more of the following: (1) the history of the resistance of people of African descent to white supremacy, enslavement, Jim Crow laws, and other examples of racial violence and discrimination; (2) the history of the resistance of racial, ethnic, and other minority groups against discrimination, violence, and inequality; (3) the needs of individuals returning to the community after incarceration; (4) the impact of the disproportionate enforcement of drug laws on the quality of life experience by racial and ethnic minorities, especially people of African descent, including specialization in: (i) the disruption of families; (ii) exposure to the prison system; (iii) trauma experienced as a result of community and police violence; or (iv) another similar factor contributing to quality of life; and (5) methods for delivering community investment that empower marginalized people to have a voice in the distribution of resources. #### § 59-4 Terms; chair; removal. Balt., Md., Code art. 1, § 59-4 (2026) (a) (1) Each member of the Commission serves a 4-year term, concurrent with the Mayor’s term of office. (2) An appointed member of the Commission may not serve more than 2 consecutive full terms. (3) A member of the Commission appointed to fill a vacancy serves the rest of the unexpired term. (4) A member of the Committee continues in office until the member’s successor is appointed and qualified. (b) One member of the Commission shall be elected as Chair by majority vote of the members of the Commission. (c) The Commission, with the approval of ¾ of its members, may remove a member for neglect of duty or misconduct in office. #### § 59-5 Compensation; expenses; staff. Balt., Md., Code art. 1, § 59-5 (2026) (a) Each member of the Commission shall be compensated as provided for in the Ordinance of Estimates. (b) Each member may be reimbursed for necessary and proper expenses incurred in the performance of the member’s duties. (c) The Commission shall have such staff as provided for in the Ordinance of Estimates to assist the Commission in fulfilling its duties as provided for under § 59-2 {“Commission created; purpose; duties”} of this subtitle. #### § 59-6 Meetings. Balt., Md., Code art. 1, § 59-6 (2026) (a) The Commission must meet at the call of the Chair as frequently as required to perform its duties, but not less than 1 time each quarter of the year. (b) A simple majority of the members of the Commission shall serve as quorum. (c) An affirmative vote by the majority of a quorum is needed for any official action. #### § 59-7 Biannual report. Balt., Md., Code art. 1, § 59-7 (2026) (a) Beginning in 2024, on or before December 1 and every 2 years thereafter, the Commission shall create and publish the report required by § 13-4601(b)(2)(ii) of the State Health - General Article. (b) The Commission shall submit the report to the following recipients: (1) the Mayor; (2) the City Council; (3) the Governor; (4) the State Budget and Taxation Committee; (5) the State Senate Finance Committee; (6) the State House Judiciary Committee; (7) the State House Health and Government Operations Committee; and (8) any other entity required by State law. (c) The report required by this section shall include: (1) recommendations to the Mayor and City Council regarding repairing the damage done to communities determined by The Office of the Attorney General to have been the most impacted by disproportionate enforcement of the cannabis prohibition in Baltimore City before July 1, 2022; and (2) recommendations to the Mayor and City Council regarding repairing the damage done to racial and ethnic minority communities in Baltimore City by structurally racist and white supremacist policies. #### § 59-8 Rules and regulations. Balt., Md., Code art. 1, § 59-8 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commission may adopt rules and regulations to carry out the provisions of this subtitle. *History: Ord. 23-249* ### Subtitle 60 – Office of Returning Citizens #### § 60-1 Definitions. Balt., Md., Code art. 1, § 60-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Council” means the Baltimore City Re-Entry Action Council. (c) “Director” means the Director of the Office of Returning Citizens. (d) “Office” means the Baltimore City Office of Returning Citizens. (e) An individual who is a resident of Baltimore City and who: (1) was formally charged with a crime; (2) was convicted of a crime; or (3) participated in a diversion program where the individual received rehabilitative instruction and support in lieu of a criminal conviction. *History: * #### § 60-2 Balt., Md., Code art. 1, § 60-2 (2026) Reserved *History: * #### § 60-3 Office established. Balt., Md., Code art. 1, § 60-3 (2026) There is a Baltimore City Office of Returning Citizens. *History: * #### § 60-4 Director. Balt., Md., Code art. 1, § 60-4 (2026) (a) The Director is responsible for the administration and oversight of the Office. (b) The Director is appointed by the Mayor in accordance with Article IV, § 6 {“Appointments of municipal officers”} of the City Charter. *History: * #### § 60-5 Balt., Md., Code art. 1, § 60-5 (2026) Reserved *History: * #### § 60-6 Re-Entry Action Council. Balt., Md., Code art. 1, § 60-6 (2026) (a) There is a Baltimore City Re-Entry Action Council within the Office. (b) The Council must: (1) advise the Office and the Mayor and City Council on issues relating to returning citizens; and (2) collaborate and consult with the Office on matters relating to the discharge of the Office’s duties. (c) (1) The Council comprises at least 14 members but no more than 25 members appointed by the Mayor in accordance with Article IV, § 6 {“Appointments of municipal officers”} of the City Charter with: (i) 2 members nominated by the City Council President; and (ii) 2 members nominated by the Comptroller. (2) (i) To the extent possible, the Mayor must appoint Council members that are representative of the diversity in the community, with regard to socioeconomic status, race, ethnicity, gender identification, sexual orientation, and age. (ii) At least 1 of the members of the Council must be a member of a group, organization, or service provider that focuses on the needs of female returning citizens. (d) (1) Council members serve a term of 4 years, concurrent with the terms of the Mayor and the City Council. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. (e) (1) The Council must elect a chair from among its members. (2) The term of the chair is 1 year. (3) The chair may be reelected. (f) (1) The Council must elect a vice chair from among its members. (2) The term of the vice chair is 1 year. (3) The vice chair may be reelected. (g) (1) The Council must elect a secretary from among its members. (2) The term of the secretary is 1 year. (3) The secretary may be reelected. (h) (1) The Council must meet at least monthly. (2) A majority of the members of the Council constitutes a quorum for the transaction of Council business. *History: * #### § 60-7 Balt., Md., Code art. 1, § 60-7 (2026) Reserved *History: * #### § 60-8 Staff and Budget. Balt., Md., Code art. 1, § 60-8 (2026) (a) The Office may employ staff in accordance with the Ordinance of Estimates. (b) The Office may expend funds authorized in the Ordinance of Estimates, any supplementary appropriations, or any appropriations transfer. *History: * #### § 60-9 Duties of the Office. Balt., Md., Code art. 1, § 60-9 (2026) In collaboration and consultation with the Council, the Office must: (1) serve as an advocate for returning citizens; (2) coordinate and monitor service delivery to returning citizens; (3) promote the general welfare, empowerment, and reintegration of returning citizens in the areas of: (i) employment and career development; (ii) health care; (iii) education; (iv) housing; and (v) social services; (4) develop sustainable relationships and coordinate with federal, State, and private agencies working with returning citizens; (5) develop and propose City policy regarding issues affecting returning citizens; (6) participate in public hearings; (7) promote community dialogue concerning the issues confronting returning citizens; and (8) review, comment, and make recommendations on proposed legislation and regulations, policies, and programs that will affect returning citizens. *History: * #### § 60-10 Annual report. Balt., Md., Code art. 1, § 60-10 (2026) On or before June 30 of each year, the Office must submit a report to the Mayor and City Council detailing: (1) the activities of the Office and the Council; and (2) specific policy and legislative proposals to promote the general welfare, empowerment, and reintegration of Baltimore’s returning citizens. *History: * ### Subtitle 61 – CitiStat Program #### § 61-1 Definitions. Balt., Md., Code art. 1, § 61-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Analysis” means the act of studying or examining something in detail. (c) “Analytics” means the systematic computational analysis of data or statistics. (d) “CitiStat meeting” means a monthly meeting between the CitiStat Program and a principal agency wherein the attending principal agency reports data and statistics that may be used to inform performance measures and policy initiatives. (e) “CitiStat process” means a system of applying insight gained from data analytics and analysis to management decisions within a principal agency. (f) “Continuous improvement processes” means an ongoing effort to better principal agency services and procedures. (g) “Director” means the Director of the Baltimore City CitiStat Program. (h) “Data-driven officer” means a person using data and analysis to drive performance in a principal agency. (i) “Data-Driven Program” means a comprehensive data analysis and performance management program for the City that includes: (1) performance management agreements; (2) the CitiStat process; and (3) an innovation lab. (j) “Data science” means the study of data with the intention of extrapolating knowledge or insights. (k) “Innovation lab” means a team of people focused on addressing issues identified through the CitiStat process. (l) “CitiStat meeting” means a monthly meeting between the Program and a principal agency wherein the attending principal agency reports relevant data and statistics that may be used to inform performance measures and policy initiatives. (m) “CitiStat memorandum” means a memorandum detailing the key issues relevant to a CitiStat meeting that includes: (1) data; (2) any follow-up responses from a previous CitiStat meeting. (n) “Performance” means the action or process of accomplishing a principal agency action, task, or function. (o) “Performance management” means the process of supporting or improving City agency performance through the use of tools including: (1) assessments; (2) employee counseling; and (3) continuous feedback. (p) “Performance management plan” means an agreement between a principal agency and the Program that establishes outcomes and performance expectations for the agency. (q) “Principal agency” means any of the following City executive departments: (1) Fire Department; (2) Department of Finance; (3) Department of General Services; (4) Health Department; (5) Department of Housing and Community Development; (6) Police Department; (7) Department of Public Works; (8) Department of Recreation and Parks; and (9) Department of Transportation. (r) “Process evaluation” means an assessment of whether principal agency program activities have been implemented as intended and whether certain results were achieved. (s) “Program” means the Baltimor City CitiStat Program. (t) “Program management” means the oversight of a program’s process and progress toward an established goal. (u) “Public policy” means a system of laws, regulatory measures, courses of action, and funding priorities related to a given topic that are promulgated by a governmental entity or its representatives. *History: * #### § 61-2 Program Established. Balt., Md., Code art. 1, § 61-2 (2026) There is a Baltimore City CitiStat Program. *History: * #### § 61-3 Office Administration. Balt., Md., Code art. 1, § 61-3 (2026) (a) The Program shall be supervised and directed by a Director who shall report to the City Administrator. (b) At the time of appointment, the Director shall: (1) have at least 5 years of experience in performance management; and (2) have experience in 1 of the following areas: (i) data science; (ii) continuous improvement processes; (iii) process evaluations; (iv) program management; or (v) public policy. (c) The Director may employ a staff, as provided for in the Ordinance of Estimates. *History: * #### § 61-4 Program Powers and Duties. Balt., Md., Code art. 1, § 61-4 (2026) (a) The Program shall: (1) review investigations into municipal processes and policies using data analytics, and analysis; (2) use findings of analytical reviews to make recommendations related to process improvement for City services; (3) in consultation with principal agencies establish and implement data-based process improvement systems for various City services; (4) in consultation with principal agencies and the City Administrator draft annual performance management plans that establish priorities, goals, and measurements to track and evaluate performance; (5) along with the Bureau of Budget and Management Research, establish measurements that can be considered within agency budget performance measures; (6) in consultation with the Chief Information Officer of Baltimore City Information Technology and relevant principal agencies assist in publishing accurate data on the City’s Open Data Portal as allowed by applicable laws; (7) have the authority to request all relevant data; and (8) establish new CitiStat meetings. (b) On or before January 31 of each year, the Program shall issue a report to the Mayor and City Council on: (1) the performance of each principal agency that participated in the CitiStat process over the previous year; and (2) identified areas for improvement and recommendations for each principal agency in the coming calendar year. (c) The Program shall: (1) develop an annual schedule to hold a CitiStat meeting at least once per month with each principal agency; (2) produce an agency memorandum 48 hours prior to a principal agency CitiStat meeting that contains all relevant data and other information for that meeting; and (3) produce a CitiStat memorandum within 2 days after a meeting that includes: (i) all requests and commitments made by the agency; and (ii) any additional data or materials required by the next CitiStat meeting. *History: * #### § 61-5 Principal Agency Duties. Balt., Md., Code art. 1, § 61-5 (2026) (a) Each principal agency shall: (1) establish an internal CitiStat process to improve principal agency performance; (2) monitor progress on the agency’s annual performance management plan; (3) develop plans to address gaps in municipal service delivery outcomes; and (4) report to the Program any relevant data requested by the Office. (b) Each principal agency shall identify a data-driven officer who shall report directly to the head of the agency and be responsible for managing that agency’s CitiStat process. *History: * ## Article 2 – Consumer Protections ### Subtitle 1 – Auctions #### § 1-1 Balt., Md., Code art. 2, § 1-1 (2026) Reserved *History: Ord. 77-494* *History: * #### § 1-2 Balt., Md., Code art. 2, § 1-2 (2026) Reserved *History: Ord. 77-494* *History: * #### § 1-3 Auctioneers to be appointed and licensed. Balt., Md., Code art. 2, § 1-3 (2026) No person or business organization shall conduct any auction sales in the City of Baltimore before being appointed and licensed in accordance with the provisions of this subtitle. *History: Ord. 77-494* #### § 1-4 Maximum appointees; applications. Balt., Md., Code art. 2, § 1-4 (2026) (a) In accordance with the terms of this subtitle, the Director of the Department of Consumer Protection and Business Licensing shall appoint as many auctioneers in the City of Baltimore as the Director may deem proper, not to exceed 50. (b) Applications for appointment shall be under oath on a form approved by the Director of the Department of Consumer Protection and Business Licensing and shall contain the applicant’s qualifications for appointment. *History: Ord. 77-494* *History: * #### § 1-5 Qualifications for appointment. Balt., Md., Code art. 2, § 1-5 (2026) Each applicant for appointment as an auctioneer shall: (1) state all criminal convictions, other than traffic violation, and all pending criminal charges; (2) certify that, for 5 years immediately preceding his application, he has not been convicted of forgery, embezzlement, larceny after trust, false pretenses, extortion, fraud, or like offenses; (3) state whether a license of this type has been refused, suspended, or revoked in this or any other jurisdiction; (4) verify graduation from high school or its equivalency; (5) verify: (i) 2 years practical experience auctioning goods or real estate; or (ii) 1 year apprenticeship under an auctioneer licensed hereunder; or (iii) graduation from an auction school accredited and approved by the National Auctioneers Association; (6) submit with the application, at least 3 statements under oath from persons vouching for the applicant’s reputation for honesty, fair dealing, competency, and financial responsibility; and (7) verify that he has been a resident of the State of Maryland for 2 years immediately preceding the application. *History: Ord. 77-494* #### § 1-6 Designation of associates. Balt., Md., Code art. 2, § 1-6 (2026) Within 30 days of his appointment, and upon any change thereafter, every auctioneer shall deposit with the Director of the Department of Consumer Protection and Business Licensing the names of all officers, associates, partners, or employees designated by him to conduct auction sales. *History: Ord. 77-494* *History: * #### § 1-7 License and surety bond required. Balt., Md., Code art. 2, § 1-7 (2026) No auctioneer appointed under this subtitle shall conduct auction sales unless he first posts a surety bond and is issued a license therefor. *History: Ord. 77-494* #### § 1-8 Surety bond. Balt., Md., Code art. 2, § 1-8 (2026) (a) A surety bond, in the amount of $25,000, with a surety approved by the City Comptroller, conditioned on the auctioneer’s performance in accordance with the provisions and intent of this subtitle, shall be posted prior to the issuance of any license and shall remain in effect during its term. (b) Said bond shall be filed in duplicate with the Director of the Department of Consumer Protection and Business Licensing, and the duplicate shall be forwarded to the City Comptroller for his signatory approval and returned to the Director. (c) (1) In the event the surety leaves the State or becomes insolvent, the Director of the Department of Consumer Protection and Business Licensing shall demand a substitute surety. (2) If the auctioneer fails to provide other security within 15 days after such demand, the license issued thereupon shall become null and void and the Director of the Department of Consumer Protection and Business Licensing shall give notice thereof in 2 or more daily newspapers. *History: Ord. 77-494* *History: * #### § 1-9 License. Balt., Md., Code art. 2, § 1-9 (2026) (a) (1) Upon the receipt of an approved surety bond and of a $1,600-license fee paid to the Director of Finance, the Director of the Department of Consumer Protection and Business Licensing shall issue a license to a duly appointed auctioneer for the term of 1 year. (2) At the request of the applicant, the license may be dated back to the expiration date of his prior license, but such action shall not affect prosecutions commenced prior to such request. (3) The failure of the auctioneer to pay the license fee and post bond within 30 days of his appointment shall render such appointment null and void. (b) Upon the death of any auctioneer prior to the expiration of his license, his personal representative or a person named in § 1-6 of this subtitle may continue to act under the license for its unexpired term, or for a period of 30 days, whichever is greater. *History: Ord. 77-494* *History: Ord. 84-249* *History: Ord. 90-504* *History: * #### § 1-10 Commissions. Balt., Md., Code art. 2, § 1-10 (2026) (a) In court-ordered sales, and in all other sales unless otherwise agreed in writing by the parties, licensed auctioneers shall be entitled to the following commissions on the final selling price of all sales conducted by them. (b) Real estate or any interest therein: (1) 5% of the price to $5,000; (2) 4% of the price from $5,000 to $20,000; (3) 3% of the price from $20,000 to $100,000; and (4) 2½% of the price over $100,000. (c) Goods or personal property: (1) 15% of the price to $15,000, and (2) 10% of the price over $15,000. (d) (1) The minimum fee in any sale or in any sale cancelled prior to its scheduled date is $50. (2) The minimum fee for any sale cancelled on its scheduled date is $100. (e) Commissions shall be computed on the basis of each property, lot, article, or item, and not on the aggregate items offered for sale. *History: Ord. 77-494* #### § 1-11 License suspension or revocation. Balt., Md., Code art. 2, § 1-11 (2026) (a) On timely notice and hearing by the Board of Consumer Protection and Business Licensing, and receipt of the Board’s recommendation, the Director of the Department of Consumer Protection and Business Licensing may suspend or revoke the license of any auctioneer for any violation of this subtitle for which a civil liability or criminal penalty may be imposed. (b) (1) An auctioneer whose license is suspended or revoked under this subtitle may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 77-494* *History: Ord. 04-672* *History: Ord. 19-332* *History: * #### § 1-12 Civil violations — City enforcement. Balt., Md., Code art. 2, § 1-12 (2026) (a) The following acts are violations of this subtitle for which civil liability may be imposed: (1) the offering or performance of frequent or regular services as an auctioneer to any person or organization to evade the provisions of this subtitle; (2) permitting the use of the licensed auctioneer’s name or his flag by any auctioneer not licensed herein. The infrequent or irregular use of the name or flag by an auctioneer licensed in another jurisdiction and employed by a person or organization located in or regularly doing business in said jurisdiction is not a violation of this subsection, provided further that the aforegoing exception has reciprocal effect in said jurisdiction; (3) failing to designate persons as provided in § 1-6 of this subtitle; and (4) violations of any other provisions of this subtitle for which no criminal penalties or civil liabilities are specifically imposed. (b) (1) Liability for violations of this section shall not exceed $250 for the 1st offense and $500 for 2nd and subsequent offenses. (2) Enforcement of said liability shall be made on behalf of the City in a court of competent jurisdiction. *History: Ord. 77-494* *History: Ord. 04-672* #### § 1-13 Civil violations — private action. Balt., Md., Code art. 2, § 1-13 (2026) (a) The following additional acts are violations of this subtitle for which civil liability may be imposed: (1) receipt of commissions in an amount greater than authorized under § 1-10 of this subtitle. (2) failure to account for the proceeds of sale within a reasonable time of the sale transaction. (b) Any person or organization aggrieved by a violation of this section may file civil suit for liability in an amount not exceeding $500 for each offense, ½ to the City and ½ to the use of the aggrieved party, in addition to any other damages awarded to said party. *History: Ord. 77-494* #### § 1-14 Criminal violations. Balt., Md., Code art. 2, § 1-14 (2026) (a) The following acts are criminal violations of this subtitle: (1) the conduct of auction sales without first being appointed and licensed as provided in this subtitle; and (2) the use of fraud, deceit, or flagrant misrepresentation in the conduct of auction sales. (b) Upon conviction of the offenses in this section a person may be fined in an amount not exceeding $500 for the 1st offense, and may be fined and imprisoned for a term not exceeding 3 months for any subsequent offense in the discretion of the Court. (c) Any person convicted of an offense contained in this section shall, in addition to criminal penalties imposed, be liable to any party aggrieved as a result of such offense, in an amount double the amount unlawfully received, retained, or withheld in such criminal act. *History: Ord. 77-494* *History: Ord. 04-672* #### §§ 1-15 to 1-16 Balt., Md., Code art. 2, § 1-15 to 1-16 (2026) Reserved #### § 1-17 Auction sales of jewelry — restrictions. Balt., Md., Code art. 2, § 1-17 (2026) (a) It shall be unlawful for any person or persons or corporation to sell, dispose of, or offer for sale, in the City of Baltimore, at public auction, or to cause or permit to be sold, disposed of, or offered for sale, in the City of Baltimore, at public auction, any new articles of gold, silver, plated ware, precious stones, watches, clocks, or jewelry, whether the same shall be their own property or whether they sell the same as agents or employees of others. (b) Provided, however, that this section shall not apply: (1) to judicial sale or sales by executors or administrators; nor (2) to sales by or on behalf of licensed pawnbrokers of unredeemed pledges in manner provided by law; nor (3) to the sale at public auction of the stock on hand of any person or persons or corporation that shall, for the period of 1 year next preceding such sale have been continuously in business in the City of Baltimore as a retail or wholesale merchant of gold, silver, plated ware, precious stones, watches, clocks, or jewelry, and that shall also have held trader’s license for such business during said period; provided, further, that such sale at public auction of the stock on hand of such merchant or merchants shall be held only subject strictly to the conditions in § 1-18 of this subtitle. *History: Ord. 77-494* #### § 1-18 Auction sales of jewelry — merchant’s stock. Balt., Md., Code art. 2, § 1-18 (2026) (a) (1) It must be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than 30 days in all. (2) A period of at least 365 days must have elapsed after the conclusion of any auction sale, conducted either before or after the enactment of this subtitle, before another auction sale shall be commenced by the same merchant. (b) It must be held only between the hours of 8 a.m. and 6 p.m., and at no time within the hours beginning at 6 p.m. and ending at 8 a.m. (c) Such auction sale must be held: (1) either: (i) at a place at which the merchant so selling his or its goods at auction conducted the jewelry business in Baltimore, for the period of at least 90 days immediately prior to the commencement of said auction sale; or (ii) at the regular and usual auction rooms of some duly licensed auctioneer; and (2) at no other place or places. (d) (1) Not more than 15 nor less than 10 days before commencing any sale, the merchant must file with the Police Commissioner of Baltimore City and the Director of the Department of Consumer Protection and Business Licensing a statement setting forth: (i) the name and address of the merchant so intending to conduct said sale; (ii) the place or places at which for the year next preceding said date of sale such merchant has conducted his or its business; (iii) the date or dates on which the merchant secured a trader’s license for said business; (iv) the locations of and purpose of the proposed sale; (v) the probable duration thereof; (vi) the name and address of the auctioneer who will conduct said sale; (vii) an inventory showing in detail the quality, quantity, kind, or grade of the goods, wares, and other articles proposed to be sold; and (viii) that no items or articles belonging to any other person or corporation than said merchant are included in said inventory. (2) Said statement must be subscribed by such merchant or an officer thereof (if a corporation), and verified by the oath before a notary public of the person so subscribing. (e) (1) At least 2 days before the commencement of such sale the auctioneer named in the foregoing statement shall file with said Police Commissioner and the Director of the Department of Consumer Protection and Business Licensing an affidavit subscribed and sworn to by him: (i) referring to said statement; and (ii) setting forth (A) that he has been employed to conduct said sale at the time and place named therein; and (B) that he will keep a true record of any and all lots or items sold at said sale, and the prices obtained therefor. (2) Within 10 days after the conclusion of said sale, said auctioneer shall file with said Police Commissioner and the Director of the Department of Consumer Protection and Business Licensing a report subscribed by said auctioneer and sworn to by him before a notary public: (i) showing all the articles so sold at said auction sale, and the price at which sold; and (ii) certifying that no articles were sold which were not included in the foregoing statement. (f) (1) No items or articles not set forth in the statement and inventory filed by such merchant in accordance with the provisions of subsection (d) preceding shall be sold or offered for sale at said auction sale. (2) All articles so sold must be sold at the property of and under the name of the merchant so conducting said sale. (3) During the conduct of said sale, a sign or signs must be maintained at the place of said sale plainly visible to persons attending the same, showing the name and address of the merchant whose goods are so being sold at auction. (g) Except in the case of auction sales conducted at the rooms of some duly licensed auctioneer, as set forth in subsection (c) preceding, during the time when and while such auction sale is being conducted, no business other than the jewelry business which had been conducted for the period of 90 days immediately prior to the commencement of said auction sale, shall be conducted or engaged in at and in the place so designated in the statement filed with the Police Commissioner of Baltimore City and the Director of the Department of Consumer Protection and Business Licensing. (h) For the purpose of this section, should any person or persons or corporation erect, construct, or install, either temporarily or permanently, any mere partition, shade, blind, or any other similar device which may divide or separate that part of said building so used for the purpose of sale, repair, or dealing in gold, silver, plated ware, precious stones, watches, clocks, or jewelry, and so holding a trader’s license for such business, from the remaining part of the same building, then said entire premises so divided or separated shall be construed and defined as “place”. *History: Ord. 77-494* *History: Ord. 04-672* *History: * #### § 1-19 Auction sales of jewelry — penalties. Balt., Md., Code art. 2, § 1-19 (2026) (a) Any person or persons or corporation convicted of a violation of § 1-17 or § 1-18 shall be fined the sum of $10 for the 1st offense and $20 for every subsequent offense. (b) Each separate sale, at public auction, of an article or articles of gold, silver, plated ware, precious stones, watches, clocks, or jewelry in violation of the preceding section shall constitute a separate offense hereunder. *History: Ord. 77-494* ### Subtitle 2 – Cable Communications Advisory Commission #### § 2-1 Commission established. Balt., Md., Code art. 2, § 2-1 (2026) (a) There is a Cable Communications Advisory Commission. (b) (1) The Commission comprises 14 members, 1 from each Council District, appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (2) Each member must be a resident of and registered voter in the Council District from which the member is appointed. (3) The members shall be appointed without regard to political party affiliation. (4) No member may be an employee, stockholder, officer, or director of a CATV franchisee. Nor may any member have any financial interest, direct or indirect, in the operation or ownership of a franchise. The fact that a member subscribes to cable television service is not a conflict of interest. (5) The members appointed may represent the following interests: law, cable technology, education, finance, and communications. (c) (1) Members serve for a term of 4 years concurrent with the Mayor’s term of office. (2) Members shall serve only 1 full term on the Commission, plus any partial term as herein provided or through the filling of a vacancy. (3) Any vacancy on the Commission shall be filled by the Mayor in the manner provided in Article IV, § 6 of the Baltimore City Charter. (d) The members of the Commission shall serve without compensation, but may be reimbursed for actual expenses incurred in the performance of their duties. *History: Ord. 90-614* *History: Ord. 09-170* #### § 2-2 Organization; operations. Balt., Md., Code art. 2, § 2-2 (2026) (a) (1) The Mayor shall appoint the Chairperson of the Commission and the Commission members shall select other officers as they deem necessary and appropriate. (2) The Mayor shall have the power to appoint a member as acting Chairperson for a period not to exceed 6 months. (b) The Chairperson may appoint any committees he or she deems necessary to assist the Commission in carrying out its duties and responsibilities. (c) (1) The Commission shall meet at the call of the Chairperson but not less than 6 times a year. (2) 8 members of the Commission are a quorum for the transaction of business. (3) An affirmative vote of at least 8 members is needed for any action by the Commission. (4) All meetings of the Commission shall be open to the public. (5) The Commission may hold public meetings to solicit customer, business, industry, and other input relating to its duties and responsibilities. (d) The Commission may adopt rules to govern its meetings and operation. *History: Ord. 90-614* *History: Ord. 09-170* #### § 2-3 Duties and responsibilities. Balt., Md., Code art. 2, § 2-3 (2026) The duty and responsibility of the Commission is to advise, assist, investigate, report on, review, and recommend to the Board of Estimates in connection with the following matters: (1) the cable television franchisee’s adherence to the franchise agreement; (2) the progress of the construction schedule for the cable television system; (3) subscriber rates and rates for leased access; (4) complaints raised by the public and the franchisee arising out of the service access, construction, and maintenance; (5) the franchisee’s compliance with the minority participation guidelines; (6) recommendations for the improvement or expansion of the cable television system as may be reasonably undertaken without imposing an undue burden on the public or the system operator; (7) the renewal of the franchise; (8) matters which might constitute grounds for revocation of the franchise; (9) other matters related to cable television as may be directed by the Board or deemed appropriate by the Commission; and (10) new technology in the cable communications field. *History: Ord. 90-614* *History: Ord. 04-672* #### § 2-4 Reports. Balt., Md., Code art. 2, § 2-4 (2026) (a) All reports and recommendations of the Commission shall be in writing and a copy of each shall be sent to the President of the City Council and to the Department of Legislative Reference. (b) The Commission shall make an annual report to the Board of Estimates and to the City Council, which shall include: (1) a summary of the Commission’s activities; (2) all actions taken concerning the duties and responsibilities listed in this subtitle; and (3) any recommendations of the Commission. *History: Ord. 90-614* ### Subtitle 3 ### Subtitle 4 – Unfair, Abusive, or Deceptive Trade Practices #### § 4-1 Definitions. Balt., Md., Code art. 2, § 4-1 (2026) The following terms have the meanings stated in Title 13 of the State Commercial Law Article: (1) “advertisement”; (2) “consumer”; (3) “consumer credit”; (4) “consumer debts”; (5) “consumer goods”; (6) “consumer realty”; (7) “consumer services”; (8) “merchandise”; (9) “merchant”; (10) “person”; (11) “sale”; (12) “service”; and (13) “unfair, abusive, or deceptive trade practices”. *History: Ord. 23-266* #### § 4-2 Practices generally prohibited. Balt., Md., Code art. 2, § 4-2 (2026) In Baltimore City, a person may not engage in any unfair, abusive, or deceptive trade practice in: (1) the sale, lease, rental, loan, or bailment of any: (i) consumer good; (ii) consumer realty; or (iii) consumer service; (2) the offer for sale, lease, rental, loan, or bailment of any: (i) consumer good; (ii) consumer realty; or (iii) consumer service; (3) the offer for sale of course credit or other educational services; (4) the extension of consumer credit; (5) the collection of a consumer debt; or (6) the purchase or offer for purchase of a consumer good or consumer realty from a consumer, by a merchant whose business includes paying off consumer debt in connection with the purchase of any consumer good or consumer realty from a consumer. *History: Ord. 23-266* #### § 4-3 Civil penalties. Balt., Md., Code art. 2, § 4-3 (2026) (a) A person who violates this subtitle is subject to a civil penalty of not more than $1,000. (b) Each violation of this subtitle shall be considered a separate offense. (c) Each day upon which a violation continues shall be considered a separate offense. *History: Ord. 23-266* #### § 4-4 Criminal penalties. Balt., Md., Code art. 2, § 4-4 (2026) (a) A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000. (b) Each violation of this subtitle shall be considered a separate offense. (c) Each day upon which a violation continues shall be considered a separate offense. *History: Ord. 23-266* #### § 4-5 Action by City Solicitor. Balt., Md., Code art. 2, § 4-5 (2026) (a) In determining whether to initiate legal proceedings under this subtitle, the City Solicitor, on behalf of the Mayor and City Council, may conduct an investigation when there is reason to believe a person is engaging in or has engaged in a violation of this subtitle. (b) In the course of an investigation under this subtitle the City Solicitor may issue in writing, and caused to be served, a subpoena to require any person to: (1) appear under oath to provide testimonial information related to the alleged violation under investigation; or (2) produce any of the following related to the alleged violation: (i) information; (ii) documents; (iii) reports; (iv) records; (v) accounts; or (vi) any other relevant material. (c) The City Solicitor may enforce any subpoena issued pursuant to the section in a court of competent jurisdiction. (d) In addition to any other enforcement action authorized by law, the City Solicitor, on behalf of the Mayor and City Council, may initiate a legal proceeding for injunctive relief and for the imposition and collection of civil penalties in a court of competent jurisdiction for a violation of this subtitle. *History: Ord. 23-266* #### § 4-6 Rules and regulations. Balt., Md., Code art. 2, § 4-6 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the City Solicitor may adopt rules and regulations to carry out this subtitle. #### § 4-7 Exception. Balt., Md., Code art. 2, § 4-7 (2026) This subtitle does not apply to the entities exempted by Title 13 of the State Commercial Law Article. *History: Ord. 23-266* ### Subtitle 5 – Food Destruction #### § 5-1 Destruction to create scarcity prohibited. Balt., Md., Code art. 2, § 5-1 (2026) It shall be unlawful for any person, firm, or corporation to destroy or permit to deteriorate or waste any food products fit for human or animal consumption, of the value of $5 or more, so that said food products become unfit for such use, with the intent to cause scarcity or to increase, control, maintain, or influence the market price of such food products. *History: Ord. 19-034* #### § 5-2 Penalties. Balt., Md., Code art. 2, § 5-2 (2026) Any person, firm, or corporation violating the provisions of this subtitle shall be fined not less than $100 nor more than $500 or imprisoned for not more than 6 months or shall be both fined and imprisoned, as aforesaid, in the discretion of the Court. *History: Ord. 19-034* ### Subtitle 6 – “Going Out of Business” Sales #### § 6-1 Definitions. Balt., Md., Code art. 2, § 6-1 (2026) (a) The following words and terms, when used in this subtitle, shall have the following meanings unless the context clearly requires a different meaning. (b) (c) “License” shall mean a license issued under the authority of this subtitle to conduct a sale in accordance with the provisions of this subtitle. (d) “Licensee” shall mean a person to whom a license has been issued. (e) “Licensor” shall mean the Director of the Department of Consumer Protection and Business Licensing of Baltimore City. (f) (1) “Going Out of Business Sale” shall mean and include any sale which is publicly advertised to be a termination of business by the owner or operator of said business, his agent or agents, or a cessation of the operation of said business, or a cessation of the operation of said business under its then known name, or a transfer to a new name. (2) “Going Out of Business Sale” shall include specifically, although not exclusively: (i) “Quitting Business Sale”, “Benefit of Creditors Sale”, “Building Coming Down Sale”, “Benefit of Trustees Sale”, “Creditors Committee Sale”, “Creditors Sale”, “Forced Out Sale”, “Assignee Sale”, “Forced Out of Business Sale”, “Insolvent Sale”, “Liquidation Sale”, “Loss of Lease Sale”, “Mortgage Sale”, “Outselling Sale”, “Selling Out Sale”, “We Quit Sale”, “We Give Up Sale”, “Fixtures for Sale”, “Retiring Our Name Sale”, “Changing Our Name Sale”, and any other advertising or designation by any other expression or characterization closely similar to any of the foregoing and calculated to convey substantially the same meaning; (ii) all sales accompanied by notices or advertising indicating that the premises are available for purchase or lease, or are otherwise to be vacated; (iii) all sales advertised in any manner calculated to convey to the public the information or belief that, upon the disposal of the goods to be placed on sale, the business being conducted at any location will cease, or be discontinued, or otherwise to be vacated or transferred, surrendered or handed over to a successor in business or conducted under a new name; and (iv) any sale advertised or represented as anticipatory of, or to avoid the termination, liquidation, revision, wind-up, discontinuance, conclusion, dissolution, or abandonment of the business conducted at any location. (g) (1) “Advertise” shall mean to publish, circulate, disseminate, or place before the public in any way or through any media whatever, for the purpose of the sale of goods, wares, and merchandise. (2) “Advertise” shall specifically, although not exclusively, include advertising by outside or inside signs, including neon or other electrical signs, advertising by radio, telephone, television, newspaper, magazine, book, notice, circular, pamphlet, letter, handbill, poster, placard card, price tag or card, label, or any other way similar or dissimilar to the foregoing. *History: Ord. 51-058* *History: Ord. 66-1326* *History: Ord. 76-020* *History: Ord. 22-125* *History: * #### § 6-2 Prohibited activities. Balt., Md., Code art. 2, § 6-2 (2026) (a) It shall be unlawful for any person to conduct a “Going Out of Business Sale” of the type defined herein without first having obtained a license for said sale from the licensor defined in this subtitle. (b) It shall be unlawful for any person to advertise a “Going Out of Business Sale” before a license therefor has been applied for and granted by the licensor. (c) It shall be unlawful for any licensee to conduct, or permit, any “Going Out of Business Sale” as defined in this subtitle for a longer period or periods of time than provided for hereinafter in this subtitle. (d) It shall be unlawful for any licensee to sell or offer for sale any goods, wares or merchandise not in stock and in possession of the licensee on the date of the filing of the application for a license to conduct a “Going Out of Business Sale”. *History: Ord. 51-058* #### § 6-3 Exemptions. Balt., Md., Code art. 2, § 6-3 (2026) This subtitle does not apply to or affect: (1) persons acting pursuant to an order or process of a court of competent jurisdiction; (2) persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals; (3) any publisher of a newspaper, magazine, or any operator of a radio or television broadcasting station who publishes or broadcasts an advertisement in good faith: (i) without knowledge of its false, deceptive, or misleading character; and (ii) without knowledge that the provisions of this subtitle are not being complied with; or (4) any sale by public auction in the City of any gold, silver, silverplated ware, precious stones, watches, clocks, or jewelry, for which a permit has been granted under the laws of the City. *History: Ord. 51-058* *History: Ord. 04-672* #### § 6-4 Persons eligible for license. Balt., Md., Code art. 2, § 6-4 (2026) (a) Any person who has owned a wholesale, jobbing, pawn shop, manufacturing, or retail business for 6 months prior to the date set for the proposed sale is eligible to make an application for a “Going Out of Business Sale” license. (b) Any person who purchases goods, wares, or merchandise, or a business from another may apply for a license to conduct a “Going Out of Business Sale” at any time after the expiration of 6 months from the date of the aforesaid purchase. (c) Provided further, that if an owner of a business dies, his or her heirs, devisees, or legatees may apply at anytime for a “Going Out of Business Sale” license. *History: Ord. 51-058* #### § 6-5 Persons not eligible for license. Balt., Md., Code art. 2, § 6-5 (2026) (a) Any person who has not been the owner of the business advertised or described in the application for a “Going Out of Business Sale” license for a period of at least 6 months prior to the date of the proposed “Going Out of Business Sale” or has held a “Going Out of Business Sale” within 1 year last past at the particular location, shall not be granted a “Going Out of Business Sale” license. (b) Except, however, the heirs, devisees, or legatees of a deceased owner of a business may obtain a license at any time. *History: Ord. 51-058* #### § 6-6 License for branch stores. Balt., Md., Code art. 2, § 6-6 (2026) (a) If the applicant for a “Gong Out of Business Sale” license owns, conducts, or operates more than 1 store or branch store and only 1 store or branch store is to go out of business and cease operations: (1) the license issued will apply only to the 1 store or branch for which it was applied for and issued; (2) no other store or branch may advertise or represent in any way that it is cooperating with or participating in any way in the licensed “Going Out of Business Sale”; and (3) neither the licensed store nor any person may advertise or represent that any other store or branch is cooperating with or participating in the licensed “Going Out of Business Sale”. (b) The “Going Out of Business Sale” conducted by any store or branch of a chain or group of stores: (1) shall be conducted solely at the location of the branch or store for which the license was obtained, and (2) no goods, wares, or merchandise shall be brought from any other branch or store and placed on sale at the branch or store licensed to conduct a “Going Out of Business Sale”. *History: Ord. 51-058* #### § 6-7 Application for license. Balt., Md., Code art. 2, § 6-7 (2026) (a) Any person desiring to conduct a “Going Out of Business Sale”, as defined in this subtitle, shall make a written application to the licensor, signed and verified by the applicant before a person authorized to administer oaths. (b) Each application shall contain the following information: (1) the true name and address of the owner of the goods, wares, and merchandise to be the object of the sale; (2) a description by street location, address, and type of building of the location at which such sale is to be held; (3) the name of the occupant of the location in question and whether by ownership, lease, or sublease; (4) if by lease or sublease: (i) the effective date of the termination of such tenancy; and (ii) the name and business address of the lessor or sublessor; (5) a full and complete statement of the facts in regard to the “Going Out of Business Sale”, including: (i) the reason why the sale is to be conducted; (ii) the manner in which the sale will be conducted; and (iii) the date or period of time in which the sale is to be conducted; (6) a complete and detailed inventory of the goods, wares, and merchandise to be sold at such sale as disclosed by applicant’s records. (c) (1) All goods, wares, or merchandise included in such inventory: (i) shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges; and (ii) shall not comprise goods, wares, or merchandise purchased on consignment. (2) This inventory shall become a part of the application for a license to conduct a “Going Out of Business Sale”. *History: Ord. 51-058* *History: Ord. 04-672* #### § 6-8 Investigation; denial of license. Balt., Md., Code art. 2, § 6-8 (2026) (a) Upon receipt of the application, the licensor may, in his discretion make or cause to be made an examination, audit, or investigation of the applicant and all of the facts contained in said application in relation to the proposed sale. (b) (1) The application shall be denied or refused if the licensor finds any 1 or more of the following facts or circumstances to exist: (i) that the inventory contains goods, wares, or merchandise not purchased by the applicant for resale on bona fide orders without cancellation privileges; (ii) that the inventory contains goods, wares, or merchandise purchased by the applicant on consignment; (iii) that the applicant, either directly or indirectly, and within 1 year prior to the date of the filing of the application, has conducted a sale in connection with which he advertised or represented that the entire business conducted at the particular location was to be closed out or terminated; (iv) that the applicant was granted a prior license hereunder within 1 year preceding the date of the filing of the application, where such prior license was based upon an application setting forth that the entire business conducted at a particular location was to be closed out or terminated; (v) that the applicant has theretofore been convicted of a violation of this subtitle; (vi) that the goods, wares, or merchandise as described in the inventory were transferred or assigned to the applicant prior to the date of the filing of the application and that the transfer or assignment was not made for a valuable and adequate consideration; or (vii) that the inventory contains goods, wares, or merchandise purchased by the applicant or added to the applicant’s stock in contemplation of the sale and for the purpose of selling them at the sale. (2) For purposes of item (vii), any unusual purchase or additions to the stock of such goods, wares, and merchandise made within 60 days prior to the date of the filing of such application shall be presumptive evidence that such purchase or additions were made in contemplation of such sale and for the purpose of selling the same at such sale. *History: Ord. 51-068* *History: Ord. 04-672* #### § 6-9 Grant of license; conditions. Balt., Md., Code art. 2, § 6-9 (2026) (a) The licensor shall issue a revocable numbered permit to the applicant, authorizing said applicant to advertise and conduct the sale as described in said application, when it appears to the licensor: (1) that all of the statements in the application are true and that the said proposed sale is of the character as represented therein; (2) that the conduct of such sale will not be injurious to the peace, health, safety, and welfare of the public of the City of Baltimore; (3) that the application is in full compliance with the terms and conditions of this subtitle; and (4) that the required license fee has been paid. (b) The license shall be issued on the following terms: (1) such license shall authorize the 1 type of sale as named and described in the application therefor at the place named therein and by the particular licensee for a period of not more than 30 consecutive calendar days (Sundays and legal holidays excluded) following the issuance of said license; (2) the sale authorized by said license shall be limited to the sale of goods, wares, and merchandise described in the inventory attached to the application; (3) on commencement of the sale and for its duration the license shall be prominently displayed in the store premises by the licensee; and (4) suitable books and records of the sale shall be kept by the licensee on the store premises for the duration of the sale and shall be open for inspection by the licensor or the licensor’s authorized representative. (c) (1) The violation of any of the conditions of said license as above set forth shall be unlawful and shall render said license void. (2) Each sale of goods, wares, or merchandise not inventoried or described in said application shall constitute a separate offense under this subtitle. *History: Ord. 51-058* *History: Ord. 04-672* #### § 6-10 License fee. Balt., Md., Code art. 2, § 6-10 (2026) The fee for the license to conduct a “Going Out of Business Sale”, as provided in this subtitle, shall be $100, payable to the Director of Finance. *History: Ord. 51-058* *History: Ord. 77-390* *History: Ord. 90-505* #### § 6-11 License renewal. Balt., Md., Code art. 2, § 6-11 (2026) (a) The licensor may, upon a verified application therefor, renew a license issued under the provisions of this subtitle for 1 period of time only in addition to the 30 days permitted in the 1st application for license. (b) (1) The renewal period which can be granted by the licensor shall not exceed 30 consecutive days (Sundays and legal holidays excluded). (2) Aforesaid renewal shall not be granted until the applicant has filed with the licensor a revised inventory showing the items listed on the original inventory remaining unsold. (3) And said inventory shall not include any goods, wares, or merchandise not included in the original license application and inventory. (c) The fee for this renewal of license shall be $50 payable to the Director of Finance. *History: Ord. 51-058* *History: Ord. 77-390* *History: * #### § 6-12 Location of sale. Balt., Md., Code art. 2, § 6-12 (2026) A “Going Out of Business Sale”, as provided for in this subtitle, shall be held only upon the premises where the business to be licensed has been conducted for 1 year last past; except, however, those cases in which the landlord forces the owner or owners of the business to vacate the premises before the “Going Out of Business Sale” can be held, and except sales conducted by the heirs, devisees or legatees of the deceased owner of the business. *History: Ord. 51-058* #### § 6-13 Revocation of license. Balt., Md., Code art. 2, § 6-13 (2026) Upon written complaint being filed with the licensor, or upon the initiative of said licensor, after making an investigation the licensor may revoke any license granted under the provisions of this subtitle (1) if the licensor shall determine that any sale by the licensee is conducted in violation of any of the provisions of this subtitle; (2) if the licensee has made any material misstatement in his application for said license; (3) if the licensee has failed to include in the inventory required by the provisions of this subtitle the goods, wares, or merchandise required to be contained in such inventory; or (4) if the licensee has added or permitted to be added to said sale, any goods, wares, or merchandise not described in the original application and inventory. *History: Ord. 51-058* #### § 6-14 Judicial and appellate review. Balt., Md., Code art. 2, § 6-14 (2026) (a) A person aggrieved by the denial or revocation of a license under this subtitle may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 51-058* *History: Ord. 04-672* *History: Ord. 19-332* #### § 6-15 Penalties. Balt., Md., Code art. 2, § 6-15 (2026) (a) Any person who violates any provision of this subtitle, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $500. (b) Each violation shall be considered a separate offense. *History: Ord. 51-058* ### Subtitle 7 – Scrap Collectors and Scavengers #### § 7-1 Definitions. Balt., Md., Code art. 2, § 7-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (c) “Scrap” means any scrap metal, refuse, junk, waste, garbage, rubbish, debris, or scrap of any kind. (d) “Scrap collector” or “scavenger” means any person who collects, transports, or sells any scrap in the City. *History: Ord. 60-411* *History: Ord. 70-960* *History: Ord. 01-243* *History: Ord. 22-125* #### § 7-2 Scope of subtitle. Balt., Md., Code art. 2, § 7-2 (2026) This subtitle does not apply to: (1) an individual transporting or selling materials that were formerly incorporated into the structure or utility system of a dwelling owned by that individual; (2) an individual transporting or selling, for recycling purposes, newspapers or aluminum beverage containers; or (3) any of the following entities or their authorized officers or employees: (i) a licensed scrap metal dealer; (ii) a public utility corporation; (iii) a governmental agency; (iv) a licensed electrical or plumbing contractor; (v) a licensed automotive dismantler and recycler; (vi) a licensed demolition contractor; (vii) an industrial plant or other business that regularly generates scrap as a byproduct of its activities; or (viii) a charitable organization. *History: Ord. 60-411* *History: Ord. 70-960* *History: Ord. 01-243* *History: Ord. 10-398* #### § 7-3 Rules and regulations. Balt., Md., Code art. 2, § 7-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department of Consumer Protection and Business Licensing in consultation with the Police Commissioner may adopt rules and regulations to carry out this subtitle. *History: Ord. 01-243* *History: Text Conformed 02/11/21* *History: * #### § 7-4 Permit or photo ID required. Balt., Md., Code art. 2, § 7-4 (2026) No individual may remove scrap from any premises in the City, transport scrap through any street or alley in the City, or sell or offer to sell any scrap in the City unless the individual has, on his or her person: (1) a permit to do so from the Department of Consumer Protection and Business Licensing; or (2) a valid driver’s license or other valid photographic identification issued by the Maryland Motor Vehicle Administration. *History: Ord. 60-411* *History: Ord. 70-960* *History: Ord. 01-243* *History: * #### § 7-5 Permits — Application and issuance. Balt., Md., Code art. 2, § 7-5 (2026) (a) (1) An application for a permit under this subtitle must: (i) be on the form that the Director of the Department of Consumer Protection and Business Licensing; and (ii) contain the information that the Director of the Department of Consumer Protection and Business Licensing requires. (2) The application for an initial license must be made in person, at the places the Director of the Department of Consumer Protection and Business Licensing designates. (3) Applications for a renewal license need not be made in person. (b) The Director of the Department of Consumer Protection and Business Licensing must issue a permit to the applicant if: (1) the applicant is 18 years old or older; and (2) in the Director’s discretion and judgment, the public health, safety, or security will not suffer by the permit’s issuance. *History: Ord. 60-411* *History: Ord. 70-960* *History: Ord. 01-243* *History: * #### § 7-6 Permits — Term and fee. Balt., Md., Code art. 2, § 7-6 (2026) (a) Unless sooner revoked, each permit expires on the third December 31 after it is issued. (b) The fee for each permit issued under this subtitle is $10. (c) A permit issued under this subtitle is not transferable. *History: Ord. 60-411* *History: Ord. 70-960* *History: Ord. 01-243* #### § 7-7 Permits — Contents and display. Balt., Md., Code art. 2, § 7-7 (2026) (a) Each permit issued under this subtitle: (i) must be numbered; and (ii) must contain: (i) a photograph of the scrap collector or scavenger; and (ii) the name, address, and general physical description of the scrap collector or scavenger. (b) Whenever a scrap collector or scavenger is engaged in any activity subject to this subtitle, the scrap collector or scavenger must have the required permit or photographic identification available on his or her person for immediate inspection by any police officer or by any person with whom the scrap collector or scavenger is doing business. *History: Ord. 60-411* *History: Ord. 70-960* *History: Ord. 01-243* #### § 7-8 Permits — Refusal or revocation. Balt., Md., Code art. 2, § 7-8 (2026) The Director of the Department of Consumer Protection and Business Licensing may refuse to issue a permit and may revoke any permit already issued if: (1) within the preceding 5 years, the scrap collector or scavenger was convicted of larceny, burglary, or receiving stolen goods; or (2) the Director finds that: (i) the scrap collector or scavenger has violated any provision of this subtitle; and (ii) the public health, safety, or security would suffer by the issuance or continuance of the permit. *History: Ord. 60-411* *History: Ord. 70-960* *History: Ord. 01-243* *History: * #### § 7-9 Operations. Balt., Md., Code art. 2, § 7-9 (2026) (a) Except as specified in subsection (b) of this section, a scrap collector or scavenger may engage in an activity subject to this subtitle only during the following hours: (1) during the months of October through April, inclusive, from 7 a.m. to 6 p.m.; and (2) during the months of May through September, inclusive, from 7 a.m. to 8 p.m. (b) On application by a scrap collector or scavenger, the Director of the Department of Consumer Protection and Business Licensing may authorize additional or alternative hours if: (1) he scrap collector or scavenger has an established place of business in the City or an adjacent county; and (2) the Director of the Department of Consumer Protection and Business Licensing finds that the restrictions imposed by this section would be a health or safety hazard or create an unjust hardship. (c) A scrap collector or scavenger may not transport scrap by cart, carriage, dray, or wagon or by any other transport except a motor vehicle displaying current registration markers. *History: Ord. 60-411* *History: Ord. 70-960* *History: Ord. 01-243* *History: * #### § 7-10 Penalties. Balt., Md., Code art. 2, § 7-10 (2026) (a) Any scrap collector, scavenger, or other person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 60-411* *History: Ord. 70-960* *History: Ord. 01-243* *History: Ord. 08-076* ### Subtitle 8 – Scrap Metal Dealers #### § 8-1 Definitions. Balt., Md., Code art. 2, § 8-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (c) “Scrap metal” means any object that consists in whole or substantial part of ferrous or non-ferrous metal. (d) (1) “Scrap metal dealer” means any person who, whether as a dealer, a broker, or otherwise, buys, processes, or sells scrap metal. (2) “Scrap metal dealer” does not include: (i) a person whose business is limited to the purchase of aluminum cans for recycling purposes; (ii) an automotive dismantler and recycler: (A) who is licensed under State Transportation Article, Title 15 {“Vehicle Laws – Licensing of Businesses and Occupations”}, Subtitle 5 {“Automotive Dismantlers and Recyclers and Scrap Processors”}; and (B) whose business is limited to the acquisition of whole vehicles for the purpose of dismantling, destroying, or scrapping them for the benefit of their parts or the materials in them; or (iii) a landfill or solid-waste facility that: (A) is licensed by the Finance Director; or (B) is operated by a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 90-641* *History: Ord. 01-243* *History: Ord. 10-255* *History: Ord. 10-389* *History: Ord. 22-125* #### § 8-2 Rules and regulations. Balt., Md., Code art. 2, § 8-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of the Department of Consumer Protection and Business Licensing may adopt rules and regulations to carry out this subtitle. *History: Ord. 01-243* *History: Text Conformed 02/12/21* *History: * #### §§ 8-3 to 8-5 Balt., Md., Code art. 2, § 8-3 to 8-5 (2026) Reserved #### § 8-6 License required. Balt., Md., Code art. 2, § 8-6 (2026) No person may do business as a scrap metal dealer unless that person: (1) has first obtained all State licenses for the business; and (2) has then obtained from the Department of Consumer Protection and Business Licensing a City license under this Subtitle 8 {“Scrap Metal Dealers”}. *History: Ord. 41-408* *History: Ord. 70-852* *History: Ord. 77-389* *History: Ord. 84-165* *History: Ord. 90-508* *History: Ord. 90-641* *History: Ord. 01-243* *History: Ord. 10-255* *History: Ord. 10-389* *History: * #### § 8-7 Applications. Balt., Md., Code art. 2, § 8-7 (2026) The application for a license shall: (1) be made in the form and contain the information that the Director of the Department of Consumer Protection and Business Licensing requires; and (2) contain a notarized statement that attests, under penalties of perjury, to the truth of all information provided. *History: Ord. 41-408* *History: Ord. 70-852* *History: Ord. 77-389* *History: Ord. 84-165* *History: Ord. 90-508* *History: Ord. 90-641* *History: Ord. 01-243* *History: Ord. 10-255* *History: Ord. 10-389* *History: * #### § 8-8 Fees. Balt., Md., Code art. 2, § 8-8 (2026) (a) The application fee and annual license fee for each place of business are as set by the Department of Consumer Protection and Business Licensing, with the approval of the Board of Estimates. (b) Collection. These fees are collectible in accordance with City Code Article 15 {“Licensing and Regulation”}, Subtitles 46 {“Administration and Enforcement”} and 47 {“Penalties”}. *History: Ord. 41-408* *History: Ord. 70-852* *History: Ord. 77-389* *History: Ord. 84-165* *History: Ord. 90-508* *History: Ord. 90-641* *History: Ord. 01-243* *History: Ord. 10-255* *History: Ord. 10-389* *History: * #### §§ 8-9 to 8-10 Balt., Md., Code art. 2, § 8-9 to 8-10 (2026) Reserved #### § 8-11 Denial, suspension, etc., of license. Balt., Md., Code art. 2, § 8-11 (2026) The Director of the Department of Consumer Protection and Business Licensing may deny, suspend, revoke, or refuse to renew a license if, after giving the applicant or licensee notice and an opportunity to be heard, the Director of the Department of Consumer Protection and Business Licensing finds that the applicant or licensee: (1) has made a material misstatement or omission in any application for an initial or renewal license; (2) has failed to maintain in good standing any State license required for the business; (3) has violated a provision of: (i) this Subtitle 8 {“Scrap Metal Dealers”}; (ii) State Business Regulation Article Title 17, Subtitle 10 {“Junk Dealers and Scrap Metal Processors”}, as found by a court of competent jurisdiction; or (iii) a rule or regulation adopted under either of these laws; or (4) has engaged in a pattern and practice of receiving stolen goods. *History: Ord. 10-255* *History: Ord. 10-389* *History: * #### § 8-12 Judicial and appellate review. Balt., Md., Code art. 2, § 8-12 (2026) (a) A person aggrieved by a decision of the Department of Consumer Protection and Business Licensing under § 8-11 {“Denial, suspension, etc., of license”} of this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 10-255* *History: Ord. 10-389* *History: * #### § 8-13 Balt., Md., Code art. 2, § 8-13 (2026) Reserved #### § 8-14 Penalties. Balt., Md., Code art. 2, § 8-14 (2026) (a) Any scrap metal dealer or other person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 20-496* *History: Ord. 32-168* *History: Ord. 40-245* *History: Ord. 01-243* *History: Ord. 08-076* *History: Ord. 10-389* ### Subtitle 9 – Laundries and Dry Cleaners #### § 9-1 Prohibited hours of laundry operation. Balt., Md., Code art. 2, § 9-1 (2026) (a) It shall be unlawful for any person, firm, or corporation doing a public laundry business, or any employee thereof, between the hours of midnight and 6 a.m. of any day: (1) to operate a laundry; (2) to collect wearing apparel or articles of any kind whatsoever to be washed or laundered; or (3) to deliver the same after having been washed or laundered. (b) Any person, firm, or corporation violating the provision of this section shall, upon conviction thereof, be fined not less than $50 nor more than $100 for each offense. *History: Ord. 25-507* *History: Ord. 27-960* #### § 9-2 Balt., Md., Code art. 2, § 9-2 (2026) Reserved #### § 9-3 Laundry identification marks. Balt., Md., Code art. 2, § 9-3 (2026) (a) This section applies to all establishments engaged in the business of cleaning and finishing any wearing apparel, such as: (1) hand and steam laundries; (2) retail and wholesale cleaners; (3) agents and agencies; (4) bobtailors; and (5) all so engaged in this type of business. (b) (1) Each person, firm, or corporation conducting a laundry or dry cleaning establishment, or offering as an independent contractor the services of such an establishment, shall report to the Police Commissioner, on forms supplied by the Commissioner, the type and style of laundry or dry cleaning identification marks which are attached to or stamped or written upon garments processed by such establishment when returned to the customer. (2) Such report shall be accompanied by actual samples of the identification markings used. (3) The person, firm, or corporation shall make the report immediately on entering the business of laundry or dry cleaning. (4) Any change in identification marking systems, either by eliminating such marking or changing the system of identification marking used, shall be reported to the Commissioner immediately. (c) Each such laundry, dry cleaning establishment, or independent contractor shall retain, for a period of 90 days from time garment is delivered to customers, such customers’ records as relate to identification marks, and names and addresses of customers. (d) Any person, firm, or corporation who violates any provision of this section shall, upon conviction, be subject to a fine of not more than $100 or to imprisonment of not more than 3 months in the Baltimore City Jail, or, in the discretion of the Court, to both fine and imprisonment for each offense. *History: Ord. 53-734* *History: Ord. 04-672* ### Subtitle 10 – Motor Fuel Sales #### § 10-1 Definitions. Balt., Md., Code art. 2, § 10-1 (2026) (a) In general. In this subtitle, the following terms have the meanings indicated. (b) “Credit price” means the total cost, including any fees, for 1 whole measurement unit of regular gasoline sold on the premises that is payable to a fuel station by a customer using a credit card or other non-cash form of payment. (c) “Motor fuel” means: (1) a light distillate of petroleum or allied substance with suitable volatility and other characteristics to be used as a fuel for operating internal combustion engines whether or not it is mixed with other materials; or (2) any other product or liquid when sold for use as a fuel in any type of internal combustion engine furnishing power to operate a motor vehicle. (d) “Retail dealer” means any person, firm, or corporation operating a service station, filling station, store, garage, or other place of business for the retail sale of motor fuel or the sale or dispensing of motor fuel for delivery into the service tank or tanks of any motor vehicle which is propelled by an internal combustion motor, other than such a motor vehicle belonging to the person owning or operating said place of business. *History: Ord. 76-066* *History: * #### § 10-2 License required for retail dealers. Balt., Md., Code art. 2, § 10-2 (2026) (a) No retail dealer shall engage in the business of selling motor fuel at retail without first procuring from the Director of the Department of Consumer Protection and Business Licensing a license for each station, store, garage or other establishment at which his said business is to be conducted. (b) Licenses issued under this section: (1) shall be issued upon written application to the Director of the Department of Consumer Protection and Business Licensing; (2) shall be issued only to persons, firms, or corporations who own the business to be licensed and who are the owners or lessees of the premises on which the business is to be conducted; (3) shall be effective from the date of their issuance until January 1 of the ensuing year; and (4) shall be renewed annually. (c) A license fee of $150 shall be paid for the issuance of every such license and every renewal thereof. (d) Each licensee shall conspicuously display his license at the station, store, garage, or other establishment to which it pertains. (e) The requirements of this section with respect to licenses are hereby declared to be in addition to, and not in substitution for, license requirements contained in any other statute or ordinance. *History: Ord. 76-066* *History: Ord. 83-163* *History: Ord. 90-511* *History: * #### § 10-3 Motor fuel service station facilities. Balt., Md., Code art. 2, § 10-3 (2026) (a) The Mayor and City Council of Baltimore finds and declares that the public health, safety, welfare, and convenience require motor fuel service stations offering motor fuel for sale at retail to the public, have and maintain toilet and hand washing facilities and water for motor vehicle purposes. (b) (1) In this section, unless the context clearly indicates otherwise, the following words have the meanings indicated. (2) “Convert” means to alter or change the method of distribution of motor fuel from full service method of distribution to a minimum service method of distribution by construction, renovation or otherwise altering the method of distribution of motor fuel into the tanks and vehicles of consumers. (3) “Full service” means that service provided by a retail dealer of a motor fuel service station for consumers, including dispensing of motor fuel by the retail dealer or the retail dealer’s employees along with auxiliary services for the repair and maintenance of motor vehicles on the premises inside a garage or other motor fuel service station structure or enclosure. (4) “Minimum service” means that service provided by a retail dealer of a motor fuel service station for consumers including the dispensing of motor fuel by a retail dealer or retail dealer’s employees or permitting the consumers to serve themselves by dispensing motor fuel into their own tanks or motor vehicles and does not have a garage or other motor fuel service station structure or enclosure for the repair and maintenance of motor vehicles. (5) “Motor fuel service stations” means any motor fuel service station, service station, filling station, store, garage, or other place of business for the retail sale of motor fuel or the sale or dispensing of motor fuel for delivery into the service tank or tanks of any motor vehicle which is propelled by an internal combustion motor. (c) After January 1, 1980, every retail dealer licensed under this subtitle who opens a new motor fuel service station shall provide free of charge to patrons the following: (1) toilet facilities and hand washing facilities maintained in good working order and sanitary conditions; (2) hand towels at every self-service island for the use of patrons; and (3) at least 1 water outlet in good operating condition and accessible to patrons. (d) Retail dealers currently operating motor fuel service stations shall provide any or all of the facilities required by subsection (c) to the same extent that they are provided by those facilities on January 1, 1980. (e) Retail dealers who convert their motor fuel service stations from a full service motor fuel service station to a minimum service motor fuel service station shall provide any or all of the facilities required by subsection (c) to the same extent that they provided those services on January 1, 1980, before the conversion. *History: Ord. 76-066* *History: Ord. 15-346* #### § 10-4 Signs. Balt., Md., Code art. 2, § 10-4 (2026) (a) The City Council finds that the preservation of the natural beauty of Baltimore City requires the limitation of signs advertising prices of motor vehicle fuels at places dispersing fuels in Baltimore City. Such limitation will equally serve to protect the safety and recreational value of public travel on streets in the City and will better protect the public investment in its streets and highways. In furtherance of these purposes, the following limitations are enacted. (b) (1) Every retail dealer in motor fuel shall publicly display and maintain on each pump or other dispensing device, from which motor fuel is sold by him, at least 1 sign and not more than 2 signs stating the price per gallon of the motor fuel, the State and Federal taxes, and the total price, sold by him from such pump or device. (2) Said sign or signs shall be of a size not larger than 8 inches by 10 inches. (3) The price shown on each of such signs shall include an itemization of the cost per gallon of said motor fuel, the amount of Federal taxes, and the amount of State taxes. (4) All figures, including fractions, upon said signs, other than figures and fractions used in any price-computing mechanism constituting a part of any such pump or dispensing device, shall be of the same size. (c) If a retail dealer in motor fuel posts a sign under § 10-315(e) of the State Business Regulation Article, the sign must include, clearly and visibly, the highest credit price. (d) No signs stating or relating to the prices of motor fuel and no signs designed or calculated to cause the public to believe that they state or relate to the price of motor fuel, other than the signs referred to in subsections (b) and (c) of this section and required to be displayed upon pumps and other dispensing devices, shall be posted or displayed on or about the premises where motor fuel is sold at retail, and within the view of any public highway or reservation. *History: Ord. 76-066* *History: * #### § 10-5 Brand names. Balt., Md., Code art. 2, § 10-5 (2026) (a) (1) All above-ground equipment for storing or dispensing motor fuel operated by a retail dealer shall bear in a conspicuous place the brand name or trademark of the manufacturer or distributor of the product stored therein or sold or dispensed therefrom. (2) If the motor fuel stored in or sold or dispensed from above-ground equipment by a retail dealer has no brand name or trademark, each container or dispensing equipment shall have conspicuously displayed thereon the words “No Brand”. (b) No person shall adulterate or permit the adulteration of any motor fuel or lubricating oil offered for sale or sold under a brand name or trademark or distinguishing mark of the manufacturer or distributor of said products, or substitute or permit the substitution of any other motor fuel or lubricating oil therefor. (c) No person shall sell or dispense, or offer to sell or dispense, from any pump, tank, or other dispensing device or container any motor fuel or lubricating oil other than that indicated by the name, trade name, trademark, symbol, sign, or other distinguishing mark of the manufacturer or distributor of said product, if any, appearing on said pump, tank, or other dispensing device or container. *History: Ord. 76-066* #### § 10-6 Sales to senior citizen drivers. Balt., Md., Code art. 2, § 10-6 (2026) (a) Except as provided in subsections (b) and (c) of this section, any retail service station dealer who provides a price reduction on motor fuel for self-service shall provide, upon request, refueling services at self-service pumps at the self-service price to senior citizens upon proof that said driver is 70 years old or older. (b) The provisions of this section do not apply to retail service station dealers selling motor fuel from the following facilities: (1) exclusively self-service stations which have remotely controlled gas pumps, which are operated by a single cashier, and which do not provide motor fuel pump service; or (2) convenience stores that sell gasoline through remotely controlled pumps that do not provide motor fuel pump service. (c) This section does not apply to any senior citizen driver age 70 or older who is accompanied by another person who is capable of providing self-service. *History: Ord. 90-552* #### § 10-7 Injunctions. Balt., Md., Code art. 2, § 10-7 (2026) Any court of competent jurisdiction shall have jurisdiction in equity to enjoin the habitual, continued, or repeated violation of any provision of this subtitle by any retail dealer. Petitions for such relief may be filed by any person injured or damaged by such violation. *History: Ord. 76-066* #### § 10-8 Penalties. Balt., Md., Code art. 2, § 10-8 (2026) (a) (1) Except as provided under subsections (b) and (c) of this section, whoever, himself or by his agent or servant, violates any provision of this subtitle shall be punished by a fine of not less than $10 nor more than $100. (2) Upon the 2nd conviction of any licensee or any such violation, whether by himself or by his agent or servant, the Director of the Department of Consumer Protection and Business Licensing may suspend the right of such licensee to engage in the business of selling motor fuel at retail for a period not exceeding 3 months. (3) Upon a 3rd or subsequent conviction of any license of any such violation, whether by himself or by his agent or servant, the Director of the Department of Consumer Protection and Business Licensing may suspend such right for a period not exceeding 1 year. (b) Any retail dealer of motor fuel violating §10-4(c) of this subtitle is subject to: (i) for a first offense, a fine of not more than $100; (ii) for a second offense, a fine of not more than $250; (iii) for a third offense, a fine of not more than $500; and (iv) for a fourth or subsequent offense, a fine of not more than $1,000 and the suspension of the retail dealer’s license under § 10-2 of this subtitle. (c) Any retail service station dealer who is convicted of a violation of any provision of § 10-6 of this subtitle is subject to a fine of not more than $25. *History: Ord. 76-066* *History: Ord. 90-552* *History: * *History: * ### Subtitle 11 – Pawnbrokers #### § 11-1 Definitions. Balt., Md., Code art. 2, § 11-1 (2026) (a) “Pawnbroker” means a person, corporation, member, or members of a corporation or firm: (1) who loans money on deposits or pledge on personal property or other valuable thing, other than securities or printed evidences of indebtedness; or (2) who deals in the purchasing of personal property or other valuable things on condition of selling the same back at a stipulated price. (b) “Transaction” means: (1) a loan of money by a dealer on deposit or pledge of personal property or other valuable thing, other than securities or printed evidences of indebtedness; or (2) a purchase by a dealer of personal property or other valuable thing with or without the condition of selling the same back at a stipulated price. *History: Ord. 41-409* *History: Ord. 94-332* #### § 11-2 Licenses. Balt., Md., Code art. 2, § 11-2 (2026) (a) The 45 pawnbroker licenses issued as of May 18, 1994, shall be the maximum number of pawnbroker licenses that may be issued in the City of Baltimore. (b) After May 18, 1994, the Director of the Department of Consumer Protection and Business Licensing of Baltimore is hereby authorized to transfer licenses under the corporate seal, to such person, firm, or corporation as shall produce to him satisfactory evidence of his, her, their, or its good character, to exercise or carry on the house or business of pawnbrokers, which licenses shall designate the house in which such person, firm, or corporation shall respectively be licensed to carry on the said trade or business. (c) (1) Each person, firm, or corporation receiving the said license shall pay therefor the sum of $2,000 annually. (2) The annual license fee shall be collectible pursuant to Article 15, Subtitles 46 and 47 of the City Code. (d) The license granted as aforesaid may be renewed on application to the Director of the Department of Consumer Protection and Business Licensing each and every year on payment of the same sum. (e) All transfers shall comply with the provisions of Zoning Code of the Baltimore City Code and with any applicable urban renewal ordinance. *History: Ord. 41-409* *History: Ord. 70-857* *History: Ord. 77-388* *History: Ord. 90-513* *History: Ord. 94-332* *History: * #### § 11-3 License required. Balt., Md., Code art. 2, § 11-3 (2026) (a) (1) No person shall use, exercise or carry on the trade or business of pawnbroker in this City, without having such license as aforesaid, nor in any other house than the one designated in said license, unless in case of removal. (2) The Director of the Department of Consumer Protection and Business Licensing shall endorse on said license the house to which the party shall have removed. (b) It shall be unlawful for any person, firm, or corporation, who or which is not currently licensed under the provisions of this subtitle, to publish, advertise, exhibit, or display in any manner the word “pawnbroker” or to display or exhibit three gilt spheres or any other traditional emblem or insignia of a pawnbroker, on or adjacent to the building or buildings occupied by him or it. *History: Ord. 1890-037* *History: Ord. 20-526* *History: Ord. 54-1145* *History: Ord. 54-1273* *History: Ord. 76-067* *History: Ord. 94-332* *History: * #### § 11-4 Surety bonds. Balt., Md., Code art. 2, § 11-4 (2026) (a) Every person, firm, or corporation so licensed as aforesaid, shall, at the time of receiving such license, enter into an obligation to the Mayor and City Council of Baltimore with good and sufficient sureties to be approved by the Comptroller of the City of Baltimore in the penal sum of $50,000, conditioned on the faithful observance of this subtitle, and such other ordinances as may be passed on this subject. (b) Any pawnbroker who shall violate this section by failure to file such bond, or to obtain the license as aforesaid, though continuing to transact the business of a pawnbroker, shall be deemed guilty of a misdemeanor and shall be subject to the penalties imposed in § 11-19 of this article. *History: Ord. 41-409* *History: Ord. 94-332* #### § 11-5 Transactions with minors prohibited. Balt., Md., Code art. 2, § 11-5 (2026) A pawnbroker may not acquire any merchandise in a pawn transaction with a minor. *History: Ord. 94-332* #### § 11-6 Daily reports required. Balt., Md., Code art. 2, § 11-6 (2026) (a) (1) Each pawnbroker shall submit to the Police Commissioner and the Director of the Department of Consumer Protection and Business Licensinga daily report of all articles taken on pledge. (2) The pawnbroker shall forward the daily report to the Police Department and the Department of Consumer Protection and Business Licensing, as provided in § 11-7 of this subtitle. (b) The daily report shall include: (1) the date, place, and time of each transaction; (2) the name and address of principal, if the transaction is by an agent; (3) a description of the transacted item, including: (i) the type of item; (ii) its manufacturer, model number, year of manufacture if known, and/or soundex number or unique identifying number found on said property; (iii) its color and size; (iv) for jewelry, a description by weight if payment is based on weight, style, gender, number of stones, configuration of stones, any initials or distinguishing marks or inscriptions; (v) a statement of whether it appears to have been altered by any means, including: (A) obscuring a serial number or identifying feature; (B) melting; or (C) recutting a gem; and (vi) the amount paid or other consideration; (4) for each individual from whom a pawnbroker acquires a transacted item: (i) the individual’s name, date of birth, and license number from a clearly identifiable driver’s license; or (ii) identification information about the individual that: (A) positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, military identification, passport, or other similar photographic identification; and (B) provides a physical description of the individual including sex, race, date of birth, any distinguishing features, and weight of individual; (5) a statement indicating whether or not the person making the transaction is known to the dealer, i.e. has done business with the pawnshop on a previous occasion; and (6) the signature of the person from whom the item is acquired and the signature of the pawnbroker or dealer who accepted the item. *History: Ord. 13-313* *History: Ord. 20-495* *History: Ord. 94-332* *History: Ord. 08-073* *History: * #### § 11-7 Filing with police. Balt., Md., Code art. 2, § 11-7 (2026) (a) A pawnbroker shall submit each daily report to the Police Department and the Department of Consumer Protection and Business Licensing in the following formats: (1) by electronic transmittal, in the format and manner required by the Police Commissioner; and (2) if the electronic transmission is not submitted with an electronic signature acceptable to the Police Commissioner, in writing, on the forms supplied by the Police Commissioner. (b) (1) The electronic report shall be submitted before noon on the business day immediately following the day for which the report is made. (2) The written report shall be submitted by: (i) mailing the report at the end of the business day for which the report is made; or (ii) hand delivery or facsimile transmission before noon on the business day immediately following the day for which the report is made. (c) A daily report submitted under this subtitle shall be open to the inspection by those persons that, in the discretion of the Police Department, are regarded as having an interest in them. *History: Ord. 13-313* *History: Ord. 20-495* *History: Ord. 94-332* *History: Ord. 08-073* *History: * #### § 11-8 Holding requirements. Balt., Md., Code art. 2, § 11-8 (2026) (a) Subject to Police Department procedures permitting or authorizing shorter holding periods, each pawnbroker shall hold: (1) reported transaction precious metal items on the premises for at least 18 days; and (2) all other reported transaction items on the premises for at least 10 days. (b) (1) After the initial holding period required by subsection (a) of this section, a pawnbroker shall continue to hold a transaction item if: (i) a law enforcement officer requests that the pawnbroker hold the item; (ii) the law enforcement officer has reasonable cause to believe the item has been stolen; and (iii) the item has not been identified under § 11-9(a)(2) of this subtitle. (2) If a transaction item is placed on additional police hold under this subsection, the pawnbroker shall: (i) continue to hold the item until: (A) the police seize it; (B) the Police Department releases the police hold or directs the item to be released to its owner; or (C) 1 year after the additional police hold was imposed; and (ii) if requested to do so, submit to the Police Department a photograph of the item, either by electronic transmittal or by mail or hand delivery, by the same deadline as required by § 11-7 of this subtitle for a daily report. *History: Ord. 94-332* *History: Ord. 08-073* #### § 11-9 Release of stolen property. Balt., Md., Code art. 2, § 11-9 (2026) (a) A pawnbroker shall release to the Police Department any item in the pawnbroker’s possession if: (1) the item is established to be stolen; (2) the owner of the item or the victim of the theft has: (i) positively identified the item; and (ii) provided an affidavit of ownership or previously made a report of the theft to a law enforcement agency; (3) the stolen property report describes the item by: (i) date; (ii) initials; (iii) an insurance record; (iv) a photograph; (v) a sales receipt; (vi) a serial number; (vii) specific damage; (viii) a statement of facts that show the item is one of a kind; or (ix) a unique engraving; and (4) the pawnbroker is given a receipt for the item released. (b) When the primary law enforcement agency no longer needs a transacted item for evidence it may be released to the owner after adjudication. (c) A pawnbroker who is required to release an item under this section is not entitled to reimbursement for any pledge or purchase price from: (1) the primary law enforcement agency; (2) the owner of the item; or (3) the victim of the theft. *History: Ord. 94-332* *History: Ord. 08-073* #### § 11-10 Labels. Balt., Md., Code art. 2, § 11-10 (2026) All items in a pawnshop shall be clearly marked or labeled to correlate with: (1) the transaction sheet or receipt of purchase; or (2) the invoice if the item is in for repair. *History: Ord. 94-332* #### § 11-11 Retention of records. Balt., Md., Code art. 2, § 11-11 (2026) All reported transaction sheets shall be kept on the premises for 3 years from the date of the transaction. *History: Ord. 94-332* #### § 11-12 Inspection of records and items. Balt., Md., Code art. 2, § 11-12 (2026) (a) A pawnbroker shall allow an authorized law enforcement officer or a special enforcement officer, as defined in City Code Article 19 § 71-1 {“Appointment; Duties”}, on request to enter the place of business or storage premises of the dealer during business hours to inspect a record of transactions and/or items as part of an investigation of stolen property. (b) On request of the pawnbroker, the officer shall make the inspection in the presence of a dealer. (c) If the pawnbroker refuses to allow access or produce the record or item for inspection, the officer shall seek a search warrant. *History: Ord. 94-332* *History: * #### § 11-13 Authorized transactions. Balt., Md., Code art. 2, § 11-13 (2026) Each and every pawnbroker licensed as aforesaid: (1) shall be capable: (i) of receiving from any person or persons (except a minor or apprentice, knowing or having reason to believe him to be such), bodies corporate, or politic, any deposit or merchandise of every description, as collateral security for such amounts thereon to be advanced by them, as they may deem proper and judicious; (ii) to hold and retain the same during such time as may be agreed on between the party or parties depositing the same and the said pawnbrokers; and (iii) to charge for such advances, interest at the established legal rate, and an additional charge as hereinafter specified, appropriate to the nature of the deposit, and the proper storage, removal and care of the same; and (2) shall give to the party or parties so depositing, a certificate specifying: (i) the sum advanced; (ii) the date of deposit; (iii) the article or articles deposited; (iv) the amount of charge; (v) the time for which such deposits shall be kept; and (vi) the name of the depositor, and his, her, or their place of business, and if none, of abode. *History: Ord. 1867-074* #### § 11-14 Redemption; sale. Balt., Md., Code art. 2, § 11-14 (2026) (a) The article so deposited (1) may and, if so agreed, shall be held by said pawnbroker 6 months, to be computed from the date of certificate as aforesaid; and (2) if not then redeemed, or by contract the certificate thereof be renewed, it shall and may be lawful for the said pawnbroker then to proceed to have such deposit sold, on first giving 10 days’ notice in a newspaper published in said City, of the time, place, and mode of sale for cash and at public sale, which shall be effected by an agent by said pawnbroker to be designated. (b) At the sale, it shall and may be lawful for the pawnbroker, when by him deemed essential for self-protection, to be a competitor. (c) Upon such sale being made, an account thereof, sworn to by the agent effecting the same as in all respects fair and bona fide shall be rendered to and kept by said pawnbroker, and a copy thereof shall be delivered on reasonable demand to the depositor of the matter so sold. (d) The proceeds of the sale shall be applied: (1) first, to the payment of all expenses usual and incident to such sale, inclusive of any tax that thereon may be chargeable legally; (2) secondly, to the legal interest and charges hereby authorized on advance and deposit as aforesaid and as herein specified; (3) thirdly, to reimbursing to the pawnbroker the principal advanced, any deficiency wherein shall be a valid claim against such depositor; and (4) any surplus shall be payable and paid to said depositor, or the party thereto legally entitled, if demanded at any time within 12 months from the day of such sale. *History: Ord. 1867-074* #### § 11-15 Interest and charges; records. Balt., Md., Code art. 2, § 11-15 (2026) (a) It shall be lawful for the said pawnbroker, in view and by reason of the necessity of extensive storage, labor incident thereto, porterage, insurance, and other expenses inseparable from the nature of the business hereby authorized, as affording a desirable and advantageous facility to the commercial and other classes of society, to charge therefor in addition to interest, at a reasonable rate, in no case to exceed 2½% each month or fraction thereof, to be computed on the principal advanced as aforesaid. (b) For any month or fraction thereof in which the total amount of legal interest and additional charges of any loan are less than the minimum rates as hereafter set forth, it shall be lawful to charge, in lieu of such interest and additional charges, a minimum rate of: (1) $0.25 on loans less than $4; (2) $0.50 on loans of $4 or more but less than $8; (3) $0.75 on loans of $8 or more but less than $12; and (4) $1 on loans of $12 or more. (c) (1) Every pawnbroker shall cause to be kept in suitable books therefor, to be provided by said pawnbroker an accurate account of each transaction authorized by this subtitle. (2) All the business and affairs of said pawnbroker shall be subject at all times to inspection of such agent or officer of Baltimore City or of such committee as for that purpose may be designated by the Mayor and City Council of Baltimore. *History: Ord. 1867-074* *History: Ord. 59-1909* #### § 11-16 Operational restrictions. Balt., Md., Code art. 2, § 11-16 (2026) (a) No license as a pawnbroker shall be granted to any person who has an ordinary license, or license for the retailing of spirituous liquors. (b) (1) No house wherein said trade or business is carried on shall be opened at an earlier hour than 8 a.m., nor shall it be kept open later 6:30 p.m., except between December 15 and December 31, inclusive, when it may be kept open until 11 p.m. (2) No business shall be conducted on a Sunday by a pawnbroker in Baltimore City. *History: Ord. 1890-037* *History: Ord. 20-526* *History: Ord. 54-1273* *History: Ord. 94-332* #### § 11-17 Suspension or revocation of license. Balt., Md., Code art. 2, § 11-17 (2026) The license of any pawnbroker who has violated 2 or more provisions of this subtitle within a 12-month period may be suspended or revoked by the Director of the Department of Consumer Protection and Business Licensing if there appears to him sufficient cause for so doing. *History: Ord. 94-332* *History: * #### § 11-18 Action for default. Balt., Md., Code art. 2, § 11-18 (2026) If any person or persons shall sustain any injury or damage from any act or default of a pawnbroker, contrary to the tenor of his obligation as aforesaid, such person or persons may institute an action in any court having jurisdiction, for his, her, or their use or benefit, in the name of the Mayor and City Council of Baltimore, upon the obligation given as aforesaid, in which action he, she, or they shall recover judgment for the amount of the damages sustained. *History: Rev. Ords. 1858-038* #### § 11-19 Penalties. Balt., Md., Code art. 2, § 11-19 (2026) Any person, firm, corporation, or other legal entity violating any provision of this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than $500 and not more than $1,000 or to imprisonment for not longer than 6 months, or to both fine and imprisonment, in the discretion of the court. *History: Rev. Ords. 1858-038* *History: Ord. 41-409* *History: Ord. 94-332* ### Subtitle 12 – Second-Hand Property, Antiques, and Consignment Goods #### § 12-1 Definitions. Balt., Md., Code art. 2, § 12-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Antique dealer” means any person engaged in the business of buying for resale, trade, or transfer personal property that has special value because of its age, including but not limited to paintings, clothing, furniture, glass, ceramics, rugs, silverware, carvings, sculpture, and other moveable personal property, excluding motor vehicles, records, tapes, compact discs, and books. (c) (1) “Consignment goods dealer” means any person receiving consignment goods for the purpose of selling them. (2) “Consignment goods” includes all categories of moveable personal property enumerated in subsections (b) and (f) of this section. (d) “Dealer” means any: (1) second-hand personal property dealer; (2) antique dealer; or (3) consignment goods dealer. (e) (f) “Second-hand personal property dealer” means any person engaged in the business of buying for resale, trade, or transfer used or previously owned property or merchandise, including, but not limited to, clothes, furniture, household items, and other moveable personal property, excluding motor vehicles, records, tapes, compact discs, and books. (g) “Transfer” means to purchase, sell, trade, consign, or otherwise exchange personal property or merchandise for consideration. *History: Ord. 90-641* *History: Ord. 97-206* *History: Ord. 22-125* #### § 12-2 Exemptions from subtitle. Balt., Md., Code art. 2, § 12-2 (2026) (a) This subtitle does not apply to: (1) any person licensed as a pawnbroker under Subtitle 11 of this article; or (2) any person licensed as a scrap metal dealer under Subtitle 8 of this article. (b) This subtitle does not apply to any dealer that is exempt from taxation under § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code. *History: Ord. 90-641* *History: Ord. 97-206* *History: Ord. 01-243* *History: Ord. 10-389* #### § 12-3 License required. Balt., Md., Code art. 2, § 12-3 (2026) (a) Except as provided in § 12-4 of this subtitle, each person conducting business as a second-hand personal property dealer, antique dealer, or consignment goods dealer within the City of Baltimore shall pay for the privilege of conducting that business by first taking out an annual license and paying an annual license fee in the amount of $50 for each place of business. (b) The license shall be issued by the Director of the Department of Consumer Protection and Business Licensing. (c) The annual license fee shall be collectible pursuant to Article 15, Subtitles 46 and 47 of this Code. *History: Ord. 90-641* *History: Ord. 97-206* *History: * #### § 12-4 Master license for cooperatives. Balt., Md., Code art. 2, § 12-4 (2026) (a) In this section, “cooperative” means: (1) a facility that is owned and operated for the benefit of, and that provides space, clerical services, or other support services at a single location for, 2 or more dealers; or (2) any group of contiguous stores or outlets that are owned and operated as a single establishment. (b) Subject to the rules and regulations of the Police Commissioner and the Department of Consumer Protection and Business Licensing, including provision for identifying member dealers as they change from time to time, the owner or operator of a cooperative may obtain 1 master license to cover all member dealers in the cooperative. (c) (1) This master license fulfills the license requirements for all dealers who have been identified to the Police Commissioner and the Department of Consumer Protection and Business Licensingas members of the cooperative. (2) Member dealers remain individually responsible, however, for all reporting, identification, record keeping, retention, and other requirements of this subtitle. (3) The owner or operator who obtains the master license is not personally liable for any act or omission of a member dealer to which the owner or operator was not a party. *History: Ord. 97-206* *History: * #### § 12-5 Transactions with minors prohibited. Balt., Md., Code art. 2, § 12-5 (2026) A dealer may not acquire any item in a transaction with a minor. *History: Ord. 97-206* #### § 12-6 Transferor to provide true name, etc. Balt., Md., Code art. 2, § 12-6 (2026) An individual who transfers or otherwise disposes of an item to a dealer or to the agent or employee of a dealer may not fail or refuse to give: (1) the individual’s true name, age, and address; and (2) if the individual is acting as an agent for a principal, the principal’s true name, age, and address. *History: Ord. 97-206* #### § 12-7 Daily reports required. Balt., Md., Code art. 2, § 12-7 (2026) (a) (1) Each dealer shall submit to the Police Commissioner and the Director of Consumer Protection and Business Licensing a daily report of each transaction in which a person transfers items to the dealer on that day. (2) The dealer shall forward the daily report to the Police Department and Department of Consumer Protection and Business Licensing, as provided in § 12-8 of this subtitle. (b) Except as provided in this subtitle, the daily report shall contain the information specified in subsection (c) of this section for: (1) each item transferred; or (2) each group of substantially similar items transferred as part of 1 transaction. (c) The daily report shall include: (1) the date, place, and time of each transaction, including the location where the dealer purchased or received the item or group of items; (2) a description of the item or group of items, including: (i) the specific type and number of items; (ii) the manufacturer, model number, and year of manufacture, if known, and any soundex number or unique identifying number found on the item; (iii) the color, size, style, and approximate age; (iv) for jewelry (other than costume jewelry meeting standards set by the Police Commissioner), a description by weight (if payment is based on weight), style, gender, number and configuration of stones, and any initials or distinguishing marks or inscriptions; (v) a statement of whether or not the item appears to have been altered by any means, including: (A) obscuring a serial number or identifying feature; (B) melting; or (C) recutting a gem; and (vi) the amount paid or other consideration; (3) for each individual from whom the dealer acquires an item: (i) the individual’s name, date of birth, and license number from a clearly identifiable driver’s license; (ii) identification information about the individual that: (A) positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, military identification, passport, or other similar photographic identification; and (B) provides a physical description of the individual, including the sex, race, date of birth, any distinguishing features, and weight of the individual; or (iii) a statement by the dealer that: (A) the dealer has known the transferor of the item for 10 years or longer and knows that the transferor has lived at his/her current residence for not less than 3 years; (B) that the specific information required by subitems (i) or (ii) of this item (3) is retained in the dealer’s records; and (C) that a record of the transaction signed by the individual from whom the item is acquired is retained in the dealer’s records; (4) if the individual from whom the dealer acquires the item is acting as an agent for a principal, the same information for the principal as that which is required by item (3) of this subsection to be given for the agent; (5) a statement indicating whether or not the person making the transfer is personally known to the dealer; and (6) the signature of the dealer who accepted the item and, except for a transaction reported under item (3)(iii) of this subsection, the signature of the individual from whom the item is acquired. *History: Ord. 97-206* *History: Ord. 08-073* *History: * #### § 12-8 Filing with police. Balt., Md., Code art. 2, § 12-8 (2026) (a) A dealer shall submit each daily report to the Police Department and the Department of Consumer Protection and Business Licensing in the following formats: (1) by electronic transmittal, in the format and manner required by the Police Commissioner; and (2) if the electronic transmission is not submitted with an electronic signature acceptable to the Police Commissioner, in writing, on the forms supplied by the Police Commissioner. (b) (1) The electronic report shall be submitted before noon on the business day immediately following the day for which the report is made. (2) The written report shall be submitted by: (i) mailing the report at the end of the business day for which the report is made; or (ii) hand delivery or facsimile transmission before noon on the business day immediately following the day for which the report is made. (c) A daily report submitted under this subtitle is confidential, as provided in § 12-304(c) of the Business Regulation Article of the Maryland Code. *History: Ord. 97-206* *History: Ord. 08-073* *History: * #### § 12-9 Holding requirements. Balt., Md., Code art. 2, § 12-9 (2026) (a) Except as authorized under subsection (b) of this section, each dealer shall hold at the dealer’s place of business all acquired items, as follows: (1) a precious metal object, as defined in § 12-101 of the Business Regulation Article of the Maryland Code, shall be held for at least 18 days after the report of its acquisition is made in accordance with this subtitle; and (2) every other item shall be held for at least 10 days after the report of its acquisition is made in accordance with this subtitle. (b) (1) The Police Commissioner shall adopt reasonable procedures for granting waivers or permitting shorter holding periods, on an ad hoc or long-term basis, in cases of dealer hardship, subject to such record-keeping or other reasonable requirements as may be necessary to preserve the integrity of the reporting and holding requirements of this subtitle. (2) These procedures shall include: (i) provisions for waiving the holding period for items purchased directly from, and previously held for the required period by, another dealer, pawnbroker, or scrap metal dealer; and (ii) a mechanism for assuring prompt decisions on requests for waivers. (c) (1) After the initial holding period required by subsection (a) of this section, a dealer shall continue to hold an item if: (i) a law enforcement officer requests that the dealer hold the item; (ii) the law enforcement officer has reasonable cause to believe the item has been stolen; and (iii) the item has not been identified under § 12-10(a)(2) of this subtitle. (2) If an item is placed on additional police hold under this subsection, the dealer shall: (i) continue to hold the item until: (A) the police seize it; (B) the Police Department releases the police hold or directs the item to be released to its owner; or (C) 1 year after the additional police hold was imposed; and (ii) if requested to do so, submit to the Police Department a photograph of the item, either by electronic transmittal or by mail or hand delivery, by the same deadline as required by § 12-8 of this subtitle for a daily report. *History: Ord. 97-206* *History: Ord. 01-243* *History: Ord. 08-073* *History: Ord. 10-389* #### § 12-10 Release of stolen property. Balt., Md., Code art. 2, § 12-10 (2026) (a) A dealer shall release to the Police Department any item in the dealer’s possession if: (1) the item is established to be stolen; (2) the owner of the item or the victim of the theft has: (i) positively identified the item; and (ii) provided an affidavit of ownership or previously made a report of the theft to a law enforcement agency; (3) the stolen property report describes the item by: (i) date; (ii) initials; (iii) an insurance record; (iv) a photograph; (v) a sales receipt; (vi) a serial number; (vii) specific damage; (viii) a statement of facts that show the item is one of a kind; or (ix) a unique engraving; and (4) the dealer is given a receipt for the item released. (b) When the police no longer need an item for evidence, it shall be returned to the owner. (c) A dealer who is required to release an item under this section is not entitled to demand, or to condition the release on, any reimbursement from: (1) the Police Department; (2) the owner of the item; or (3) the victim of the theft. *History: Ord. 97-206* *History: Ord. 09-217* #### § 12-11 Labels. Balt., Md., Code art. 2, § 12-11 (2026) All items in the dealer’s place of business shall be clearly marked or labeled to correlate with: (1) the dealer’s record of the transaction; and (2) the purchase receipt or, if the item is in for consignment or repair, the invoice. #### § 12-12 Retention of records. Balt., Md., Code art. 2, § 12-12 (2026) For at least 3 years after the date of a transfer, the dealer shall hold all records of the transaction: (1) at the dealer’s place of business; or (2) if otherwise specifically required by the dealer’s property insurer, at some other suitable location designated by the dealer and from which the dealer can produce the records as and when needed by the Police Department and the Department of Consumer Protection and Business Licensing. *History: Ord. 97-206* *History: * #### § 12-13 Inspection of records and items. Balt., Md., Code art. 2, § 12-13 (2026) (a) A dealer shall allow a law enforcement officer or special enforcement officer, as defined in City Code Article 19, § 71-1 {“Appointment; duties”}, acting in the line of duty, to: (1) enter the dealer’s place of business or storage premises during business hours; and (2) inspect any record of transactions subject to this subtitle and any items on the premises. (b) On request of the dealer, the officer shall make the inspection in the presence of the dealer. (c) If the dealer refuses to allow access or refuses to produce a record or item for inspection, the officer shall seek a search warrant. *History: Ord. 97-206* *History: * #### § 12-14 Exemptions from reporting and holding requirements. Balt., Md., Code art. 2, § 12-14 (2026) (a) Consignment goods are not subject to the daily reporting requirements of § 12-7 of this subtitle or to the item retention requirements of § 12-9 of this subtitle, as long as the dealer: (1) keeps a record, subject to inspection under § 12-13 of this subtitle, of all the information required by § 12-7 of this subtitle; and (2) complies with all other requirements of this subtitle. (b) (1) This subsection applies to items acquired by a dealer: (i) from another licensed dealer; (ii) from a person licensed as a pawnbroker; (iii) from a person licensed as a scrap metal dealer; (iv) at a public auction conducted by a licensed auctioneer; (v) from the personal representative of a decedent; or (vi) at a public sale commonly known as a lawn sale, garage sale, or flea market. (2) Items acquired under paragraph (1) of this subsection are not subject to the daily reporting requirements of § 12-7 of this subtitle or to the item retention requirements of § 12-9 of this subtitle, as long as the acquiring dealer: (i) keeps a record, subject to inspection under § 12-13 of this subtitle, of the information required by § 12-7 of this subtitle; and (ii) complies with all other requirements of this subtitle. (c) Second-hand personal property acquired by a dealer for resale, trade, or transfer exclusively at a flea market is not subject to the daily reporting requirements of § 12-7 of this subtitle or to the item retention requirements of § 12-9 of this subtitle, as long as: (1) all of the dealer’s resale, trade, or transfer business is conducted exclusively at the flea market; (2) the flea market is open for business no more than 2 days a week; (3) either: (i) the dealer is licensed under this subtitle; or (ii) the flea market has obtained a master license as a cooperative and the dealer is identified as a member of that cooperative; and (4) the dealer keeps a record, subject to inspection under § 12-13 of this subtitle, of all the information required by § 12-7 of this subtitle. *History: Ord. 97-206* *History: Ord. 01-243* *History: Ord. 10-389* #### § 12-15 Rules and regulations. Balt., Md., Code art. 2, § 12-15 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Police Commissioner, in consultation with the Director of Consumer Protection and Business Licensing, may adopt rules and regulations to implement this subtitle and shall make these rules and regulations available to dealers and the general public. *History: Ord. 90-641* *History: Ord. 97-206* *History: Text Conformed 02/12/21* *History: * #### § 12-16 Penalties. Balt., Md., Code art. 2, § 12-16 (2026) (a) Any person who violates any provision of this subtitle or of a published rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not less than $500 nor more than $1,000 or to imprisonment for 6 months or to both fine and imprisonment in the discretion of the Court. (b) In addition, a person convicted of violating this subtitle may be required to forfeit any item found not in compliance with this subtitle. *History: Ord. 90-641* *History: Ord. 97-206* ### Subtitle 12A – Automated Purchasing Machines #### Part 1 – Definitions ##### § 12A-1 Definitions. Balt., Md., Code art. 2, § 12A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Automated purchasing machine” or “APM” (also known as a “reverse vending machine”) means a self-service automated device that, without the physical presence of a human agent, is capable of taking possession of and dispensing payment for any 1 or more types of personal property. (c) *History: Ord. 13-166* *History: Ord. 22-125* ##### §§ 12A-2 to 12A-4 Balt., Md., Code art. 2, § 12A-2 to 12A-4 (2026) Reserved #### Part 2 – Prohibited Use; Exceptions ##### § 12A-5 General prohibition. Balt., Md., Code art. 2, § 12A-5 (2026) Except as otherwise expressly provided in this subtitle, no person may purchase or offer to purchase any personal property by means of an automated purchasing machine. *History: Ord. 13-166* ##### § 12A-6 Exception for recycling materials. Balt., Md., Code art. 2, § 12A-6 (2026) (a) This subtitle does not prohibit the use of an automated purchasing machine exclusively for collecting recyclable materials pursuant to a recycling program approved jointly by the Police Commissioner and the Commission on Sustainability. (b) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Police Commissioner and the Commission on Sustainability may jointly adopt rules, regulations, and standards governing the recyclable materials and recycling programs that may be approved for purposes of this exception. *History: Ord. 13-166* *History: Text Conformed 02/12/21* *History: Ord. 22-125* ##### §§ 12A-7 to 12A-9 Balt., Md., Code art. 2, § 12A-7 to 12A-9 (2026) Reserved #### Part 3 – Seizure and Forfeiture ##### § 12A-10 In general. Balt., Md., Code art. 2, § 12A-10 (2026) An automated purchasing machine (“APM”) is subject to seizure and forfeiture if it is used in violation of this subtitle. *History: Ord. 13-166* ##### § 12A-11 Seizure by police. Balt., Md., Code art. 2, § 12A-11 (2026) (a) A police officer need not have a warrant to seize an APM if: (1) the police officer has probable cause to believe the APM has been used in violation of this subtitle; and (2) a warrant is not constitutionally required under the circumstances. (b) Whenever a police officer seizes an APM under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner. (c) An APM seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it. *History: Ord. 13-166* ##### § 12A-12 Referral to Solicitor. Balt., Md., Code art. 2, § 12A-12 (2026) (a) Promptly after seizure, the Police Department shall notify the City Solicitor in writing of the facts and circumstances supporting the seizure. (b) (1) On receiving the report, the Solicitor shall conduct an independent review of the facts and circumstances surrounding the seizure. (2) If the Solicitor finds sufficient evidence that the APM was used in violation of this subtitle, the Solicitor shall notify the APM’s owner, by registered or certified mail, of the seizure and of the City’s intent to institute forfeiture proceedings. (3) If, on the other hand, the Solicitor finds that there is insufficient evidence to prove violation, the Solicitor shall surrender the APM to the owner on the owner’s request. *History: Ord. 13-166* ##### § 12A-13 Forfeiture petition; notice. Balt., Md., Code art. 2, § 12A-13 (2026) (a) If the Solicitor determines that the APM should be forfeited, the Solicitor shall, within 90 days after the seizure of the APM: (1) file a forfeiture petition in a court of competent jurisdiction, in the name of the City against the APM, as designated by the APM’s type, manufacturer, model number or name, color, size, and serial number; and (2) at the same time, send copies of the petition by registered or certified mail to the APM’s owner and any known secured party. (b) The petition for forfeiture shall contain: (1) the name of the APM’s owner; (2) the name of any secured party whose interest appears among the records maintained by the Clerk of the Circuit Court for Baltimore City; (3) a statement of the facts and circumstances surrounding the seizure of the APM; (4) a statement of the specific grounds for forfeiture; and (5) a request that the APM be forfeited to the City. (c) (1) Within 7 days of the petition’s filing, the Solicitor shall publish notice of the seizure and forfeiture proceeding in 1 or more newspapers of general circulation in the City. (2) The notice shall: (i) state the substance and object of the forfeiture petition; and (ii) state that any person claiming an interest in the seized APM must file a defense to the petition within 15 days of the date of the notice. *History: Ord. 13-166* ##### § 12A-14 Answer to petition. Balt., Md., Code art. 2, § 12A-14 (2026) (a) Any defense to the petition must be filed within 15 days after publication of the notice. (b) (1) All defenses to a petition for forfeiture must be made by answer. (2) The answer must: (i) comply with the Maryland Rules of Procedure as to form and contents; (ii) be divided into numbered paragraphs, each containing a separate and distinctive averment; and (iii) respond to each material allegation contained in the petition, specifically admitting, denying, or explaining the facts alleged, unless the respondent is without knowledge or an admission or explanation would tend to incriminate the respondent, in either of which events the respondent must so state and that statement will operate as a denial. (c) (1) Every allegation in the petition that is not denied in the answer is considered admitted, except as to persons unknown. (2) New or affirmative matter alleged in the answer is considered denied or avoided by the petitioner without the need of any replication, unless the court orders otherwise. *History: Ord. 13-166* ##### § 12A-15 Order of forfeiture. Balt., Md., Code art. 2, § 12A-15 (2026) (a) (1) If the court determines that the APM should be forfeited, the court shall order the APM forfeited to the City. (2) If, however, the court determines that the APM is subject to a bona fide recorded security interest created without the knowledge that the APM was being or was to be used in violation of this subtitle, the court shall order that the APM be released within 5 days to the secured party of record. (b) (1) The secured party: (i) shall sell the APM in a commercially reasonable manner; and (ii) may not sell the APM to the owner or other person from whom it was seized. (2) The proceeds of the sale shall be applied as follows: (i) to the court costs of the forfeiture proceedings; (ii) to the balance due to the secured party, including all reasonable costs incident to the sale; (iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure, maintenance, or custody; and (iv) to the general funds of the City. *History: Ord. 13-166* ##### § 12A-16 Order of release. Balt., Md., Code art. 2, § 12A-16 (2026) If, after a full hearing, the court determines that the APM should not be forfeited, the court shall order the APM released. *History: Ord. 13-166* ##### §§ 12A-17 to 12A-19 Balt., Md., Code art. 2, § 12A-17 to 12A-19 (2026) Reserved #### Part 4 – Penalties ##### § 12A-20 Penalties. Balt., Md., Code art. 2, § 12A-20 (2026) (a) A person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, subject to a fine of not more than $500 or imprisonment for not more than 6 months or both fine and imprisonment for each offense. (b) Each transaction in violation of this subtitle is a separate offense. *History: Ord. 13-166* ### Subtitle 13 – Real Estate Practices – Brokers, etc. #### § 13-1 Definitions. Balt., Md., Code art. 2, § 13-1 (2026) (a) This subtitle shall apply to real estate brokers, real estate salesmen, and real estate dealers as herein defined. (b) “Real estate” shall include leaseholds and all other interests in real property. (c) “Real estate broker” shall mean any person, association, copartnership, or corporation, foreign or domestic, who: (1) for another and for a fee, commission, or any other valuable consideration, sells, purchases, exchanges, leases, rents, or collects rent, for the use of real estate; (2) attempts or who offers by verbal solicitation, advertisement, or otherwise to perform any such function; or (3) is engaged in the business of subdividing and selling land in building lots or sites. (d) “Real estate dealer” shall mean one who is regularly engaged in the business of dealing and trading in real estate or leases and options thereof. (e) “Real estate salesman” shall mean any person who performs on behalf of any real estate broker, any act or acts authorized by the Maryland Real Estate Brokers Act to be performed by a real estate broker. *History: Ord. 60-431* #### § 13-2 Scope of subtitle – Inclusions. Balt., Md., Code art. 2, § 13-2 (2026) Any person, partnership, association, or corporation who, for another in consideration of compensation by fee, commission, salary, or otherwise or with the intention or in the expectation or upon the promise of receiving or collecting a fee, does, offers, or attempts or agrees to do, engages in or offers or attempts or agrees to engage in, either directly or indirectly, any single act or transaction contained in the definition of “real estate broker” or “real estate salesman” in this subtitle, whether said act be an incidental part of a transaction or the entire transaction, shall be deemed a real estate broker or real estate salesman within the meaning of this subtitle. *History: Ord. 60-431* #### § 13-3 Scope of subtitle – Exclusions. Balt., Md., Code art. 2, § 13-3 (2026) Notwithstanding the foregoing definitions, the terms “real estate broker” and “real estate salesman” shall not include: (1) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment of or order of any court; (2) public officers while performing their official duties as such; (3) any bank, trust company, or mortgage loan institution organized under the laws of this State or the United States with respect to the management or sale of any property acquired through or in connection with mortgage foreclosures; (4) investment homebuilders with respect to the sale or rental of housing constructed by them; (5) attorneys-at-law who are not regularly engaged in the real estate business and who do not hold themselves out by sign, advertisement, or otherwise as offering to the general public the services authorized to be performed by real estate brokers and pursuant to the Maryland Real Estate Brokers Act; (6) any person holding in good faith a duly executed power of attorney from the actual owner authorizing the sale and conveyance or leasing of any real estate where only 1 such transaction is involved; or (7) any duly licensed auctioneer with respect to sale of real estate at public auction. *History: Ord. 60-431* #### § 13-4 Prohibited conduct – Brokers and salespersons. Balt., Md., Code art. 2, § 13-4 (2026) (a) No real estate broker or salesman shall, or shall attempt to: (1) use any contract form for the listing of property for sale, rent, or exchange or any contract form for the sale, rent, or exchange of property or advertising matter which includes the name of any association or organization of which the broker or salesman is not a member; (2) retain the services of any person as a salesman on a purely temporary or single transaction basis as a means of evading the law regarding the payment of commissions to non-licensed persons on some contemplated transaction; (3) act for more than 1 party in a transaction without the prior knowledge and consent of all parties for whom he acts; (4) refuse or fail within 30 days after demand to account for or to remit any monies coming into his possession which belong to others; (5) refuse or fail to promptly furnish a duplicate copy of all listing contracts to sell or rent property or of any lease or contract or sale when prepared by a real estate broker to all parties to any such contracts or leases; (6) fail to retain a copy of such contracts; (7) fail to disclose to any person with whom the broker or salesman is dealing any material fact or information within the knowledge of the broker or salesman concerning or relating to the property with which the broker or salesman is dealing; (8) make any untrue or misleading statement in any attempt to obtain a listing of real property for sale: (i) knowing such statement to be false or misleading; or (ii) knowing that the broker or salesman making the statement has insufficient knowledge of its truth or falsity to warrant making the statement; (9) accept a listing contract to sell property unless such contract provides for a definite termination date without notice from either party; (10) accept any listing contract which provides for a net return to the vendor leaving the broker or salesman free to sell property and retain any excess over the price named by the vendor; (11) pay or receive any rebate, compensation, or commission from any person whatever, except the seller of the real estate, without the prior knowledge and consent of all parties to the transaction; (12) disregard or violate any of the provisions of the Maryland Real Estate Brokers Act; or (13) have any interest, directly or indirectly, in the purchase of any residential real estate which he or his organization has listed for sale, where such purchase is made during or within 6 months after the termination of such listing. (b) (1) Provided, however, that subsection (a)(13) shall not apply in cases in which a broker enters into a listing contract and a simultaneous “trade-in” agreement, whereby the broker or any company, partnership, or corporation in which the broker has any interest, either directly or indirectly, offers a guaranteed price for the listed property within a certain period in order for the seller to purchase another residence, either new or existing housing. (2) Provided, further, that subsection (a)(13) shall not apply in cases in which: (i) the broker or salesman discloses to the seller, in writing, at the time an offer or contract of sale is presented, any interest, direct or indirect, that the broker or salesman has in such offer to purchase the residential real estate which the broker or salesman or his organization has listed for sale; and (ii) the terms of the offer or contract of sale permit the seller to withdraw from same if: (A) the appraised value of the property, as determined within 21 days of the offer or contract of sale by an appraiser who is a member of an appraisal organization affiliated with the Appraisal Foundation or is certified by the Maryland Commission of Real Estate Appraisers as a residential real estate appraiser, is higher than the purchase price as contained in the offer or contract of sale; and (B) the broker or salesperson declines to amend the purchase price in the offer or contract of sale to equal said appraised value. (3) Nothing in this subsection shall prevent a seller from waiving the rights provided for in this subsection in a contract of sale. (c) Nothing in this section shall be construed to authorize any such broker or salesman personally to prepare any such legal paper in his practice. *History: Ord. 60-431* *History: Ord. 90-591* #### § 13-5 Prohibited conduct – Brokers, salespersons, and dealers. Balt., Md., Code art. 2, § 13-5 (2026) In transactions involving residential real or leasehold properties, no real estate broker, salesman, or dealer shall or shall attempt to: (1) pursue a continued flagrant course of misrepresentation or make any false promises directly or through agents, salesmen, advertising, or otherwise; (2) make any misleading or untrue statements in advertising residential real or leasehold property including: (i) advertising for sale or rent as an agent or broker without disclosing in such advertising the name of the advertiser or the fact that he is an agent or broker; or (ii) where any such advertising is published over the name of a licensed real estate salesman, failing to disclose in such advertising the name of the broker for whom such salesman is licensed to represent; (3) solicit or induce any party to a contract lease or agreement to break such contract for the purpose of substituting a new contract lease or agreement when such soliciting or inducing is motivated by anticipated personal gain; (4) guarantee or authorize or permit any person to guarantee future profits which may result from the resale of residential real or leasehold property; (5) solicit or offer for sale residential real or leasehold property by: (i) offering “free lots”, conducting lotteries or contests, or offering prizes for the purpose of influencing a purchase or prospective purchaser of residential real or leasehold property; or (ii) advertising or offering “free appraisals” unless the advertiser is equipped and stands ready to appraise real estate to any person requesting such an appraisal free of charge, regardless of the purpose for which such appraisal is requested; (6) make any untrue or misleading statements to induce the sale of residential real or leasehold property, whether to the person making the representation or to any other person: (i) knowing such statements to be false or misleading; or (ii) knowing that the maker of the statement has insufficient knowledge of its truth or falsity to warrant making the statement; (7) if one of the purposes of the solicitation or attempted solicitation would be to change the racial composition of a neighborhood, solicit the listing of residential properties for sale or lease by: (i) in person, door-to-door solicitation; (ii) telephone solicitation; or (iii) mass distribution of circulars; (8) whether or not acting for monetary gain, knowingly induce another person to sell or rent a dwelling or otherwise transfer real estate or knowingly discourage another person from buying real estate by: (i) making representations about the entry or prospective entry into a neighborhood of individuals of a particular race, color, sex, religion, ancestry, sexual orientation, physical or mental disability, familial status, or national origin; (ii) making representations about the existing or potential proximity of real property owned or used by individuals of a particular race, color, sex, religion, ancestry, sexual orientation, physical or mental disability, familial status, or national origin; or (iii) representing that the existing or potential proximity of real property owned or used by individuals of a particular race, color, sex, religion, ancestry, sexual orientation, physical or mental disability familial status, or national origin will or may result in: (A) the lowering of property values; (B) a change in the racial, religious, or ethnic character of the block, neighborhood, or area; (C) an increase in criminal or antisocial behavior in the area; or (D) a decline in the quality of schools serving the area; or (9) provide financial assistance by loan, gift, or otherwise to another person if the real estate broker, salesman, or dealer has actual knowledge that the financial assistance will be used in a transaction that results from a violation of item (8) of this section. *History: Ord. 60-431* *History: Ord. 66-754* *History: Ord. 68-051* *History: Ord. 91-666* #### § 13-6 Prohibited conduct – Salespersons. Balt., Md., Code art. 2, § 13-6 (2026) No real estate salesman shall: (1) accept a commission or valuable consideration as a real estate salesman for the performance of any act as a real estate salesman from any person except the real estate broker named in his license; or (2) represent or attempt to represent any other real estate broker as a real estate salesman without the knowledge and consent of the broker named in his license. *History: Ord. 60-431* #### §§ 13-7 to 13-8 Balt., Md., Code art. 2, § 13-7 to 13-8 (2026) Reserved #### § 13-9 Penalties. Balt., Md., Code art. 2, § 13-9 (2026) (a) A violation of the provisions of this subtitle shall be a misdemeanor and any person convicted thereof shall be subject to a fine of $100 and not more than $500 or to imprisonment of not more than 60 days or to both such fine and imprisonment at the discretion of the court. (b) (1) Where an offense is committed by 1 or more individuals acting for a corporation, it shall be deemed to be the offense of both the corporation and the individual. (2) Where the offense is committed by 1 or more individuals acting in behalf of a partnership or association, it shall be deemed to be: (i) the offense of the partnership or association and the individual; and (ii) the personal offense of any partner or associate who aids, abets, directs, counsels, and/or knowingly participates therein. *History: Ord. 60-431* ### Subtitle 14 – Real Estate Practices – Disclosures #### § 14-1 Definitions. Balt., Md., Code art. 2, § 14-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) - (d) (e) “Seller” means: (1) the owner of real property being offered for sale; or (2) a real estate agent, attorney, lender, or other person acting on behalf of the owner of the property being offered for sale. *History: Ord. 09-162* *History: Ord. 12-053* *History: Ord. 22-125* #### § 14-2 Balt., Md., Code art. 2, § 14-2 (2026) Reserved #### § 14-3 Single-family zoning limitation. Balt., Md., Code art. 2, § 14-3 (2026) (a) No person may advertise, through any medium, the sale or lease of any property that, under the Zoning Code of Baltimore City, is restricted in its use and occupancy to 1 family, without including in the advertisement a clear statement to that effect. (b) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 62-1313* *History: Ord. 99-547* *History: Ord. 09-162* #### § 14-4 Balt., Md., Code art. 2, § 14-4 (2026) Reserved #### § 14-5 Property tax. Balt., Md., Code art. 2, § 14-5 (2026) (a) If a seller of real property provides property tax information as part of an advertisement, that information must indicate, at a minimum: (1) the tax year for which the information is being provided; and (2) the product of: (i) the sum of the State and local property tax rates, multiplied by (ii) the full assessed value for the tax year indicated. (b) Property tax information to be provided as part of a good-faith estimate of closing costs must be based on the product of: (1) the sum of the State and local property tax rates, multiplied by (2) the full assessed value for the tax year immediately following the purchase date of the property. (c) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 09-162* *History: Ord. 12-053* #### § 14-6 Heavy-industrial and railroad operations. Balt., Md., Code art. 2, § 14-6 (2026) On or before entering into a contract for the sale of any real property, the seller must provide the buyer with the following disclosure: Disclosure of Heavy-Industrial and Railroad Operations Buyer is advised that the property may be located near heavy-industrial operations (that is, land uses limited to an I-2 General Industrial Zoning District, an MI Maritime Industrial Zoning District, or a T Transportation Zoning District) or near railroad operations. These operations may involve the use of machinery, trucks, or trains, 24 hours a day, 7 days a week, and may create or cause noises, odors, fumes, bright lights, vibrations, and safety hazards. Detailed information on the location of heavy-industrial (I-2, MI, and T) zones and on the location of railroad tracks can be found on the “Baltimore CityView” website, at http://cityview.baltimorecity.gov. *History: Ord. 12-053* *History: Ord. 16-581* #### § 14-7 Historic districts. Balt., Md., Code art. 2, § 14-7 (2026) (a) On or before entering into a contract for the sale of any real property, the seller must disclose to the buyer in writing whether the property is: (1) located in a Historical and Architectural Preservation District, as defined under Article 6, § 1-1(f) {“Definitions – Historical and Architectural Preservation District; Preservation District; District”} of the Code; (2) included on the Landmark List: Exteriors, as established by Article 6, Subtitle 4 {“Designation of Landmarks”} of the Code; or (3) included on the Potential-Landmark List: Exteriors, as established by Article 6, Subtitle 5 {“Designation of Potential Landmarks”} of the Code. (b)
HISTORIC DISTRICT, LANDMARK, OR POTENTIAL LANDMARK — DISCLOSURE
This property [ ] is [ ] is not located within a Historical and Architectural Preservation District.
This property [ ] is [ ] is not listed on the Landmark List: Exteriors.
This property [ ] is [ ] is not listed on the Potential-Landmark List: Exteriors.
_____Seller’s Initials
Before beginning any exterior alterations to a structure, the owner of the property and the structure must first secure an Authorization to Proceed (“ATP”) from the Commission for Historical and Architectural Preservation (“CHAP”) if the property is:
(1) located within a Historical and Architectural Preservation District (a “historic district”);
(2) included on the Landmark List: Exteriors; or
(3) included on the Potential Landmark List: exteriors.
Structures that are located within a historic district are designated as being part of a neighborhood that is of particular historical significance and architectural character.
Structures that are included on the Landmark List: Exteriors are considered to be of such special historical or architectural significance that, even if not located within an Historical and Architectural Preservation District, those structures and their exteriors should be extended the same protections as apply to structures within a District.
Structures that are include don the Potential-Landmark List: Exteriors are considered to be of such historical or architectural significance that, even if not located within an Historical and Architectural Preservation District, those structures and their exteriors should be extended temporary protection under § 5-5 {“Protections pending decision”}and under Subtitle 8 {“Alterations, etc, to or Affecting Properties”} of Article 6 of the City Code.
CHAP is responsible for promoting the preservation of structures located in a historic district, included on the Landmark List: Exteriors, or included on the Potential-Landmark List: Exteriors under Article 6 {“Historical and Architectural Preservation”} of the City Code. Relevant excerpts from Article 6 of the City Code establishing the requirements stated above are provided below.

§ 8-2. Building permit required.

(a) Exterior structures.

No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure located within an Historical and Architectural Preservation District or included on the Landmark List: Exteriors or the Potential-Landmark List: Exteriors without first obtaining a permit to do so from the Building Official:

(1) any reconstruction, alteration, or removal of any exterior architectural feature;

(2) any change in an exterior color, whether by painting or other means;

(3) any exterior excavation;

(4) the construction or erection of any exterior building, fence, wall, or other structure of any kind; or

(5) any exterior demolition.

§ 8-4. CHAP to review.

(c) CHAP approval prerequisite for permit.

The Building Official may not issue a permit for any regulated alteration unless the Commission first issues an Authorization to Proceed. unless the Commission first issues an Authorization to Proceed.
Learn more about CHAP and the process for securing an ATP:

Commission for Historical and Architectural Preservation

[insert mailing address]

[insert telephone number]

[insert website address]
(c) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 23-259* #### § 14-8 Vacant structures. Balt., Md., Code art. 2, § 14-8 (2026) (a) This section only applies to real property that has a vacant building notice that remained unabated at the time of sale. (b) On or before entering into a contract for the sale of any real property, the seller must disclose to the buyer in writing: (1) {whether} the property had been issued a vacant building notice by the City; and (2) whether the vacant building notice has been abated by the seller or if it remains unabated. (c) The disclosure required by this section shall read as stated: For someone to legally inhabit a property in Baltimore City, the property must not have a Vacant Building Notice issued by the Baltimore City Department of Housing and Community Development. Sellers and buyers can check and verify by reviewing the Baltimore City Code Map: [insert link], or by calling Baltimore City Department of Housing and Community Development: [insert phone number]. This property has [ ] does not have [ ] a current Vacant Building Notice. _____ Seller’s Initials Only a validly-issued Use and Occupancy Permit certificate can remove the Vacant Building Notice and permit human occupation. _____ Seller’s Initials (d) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 21-047* ### Subtitle 15 ### Subtitle 16 – Ticket Sales – Charges by Operators and Agents #### Part 1 – Definitions; General Provisions ##### § 16-1 Definitions. Balt., Md., Code art. 2, § 16-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Authorized sales agent” means a person that: (1) is engaged in the business of selling tickets for others; and (2) by written contract with an operator, has been authorized to sell tickets for and on behalf of that operator. (c) (1) “Box office price” means the price that: (i) has been established by the operator of an entertainment venue for admission to the venue or to a specified seat or area within the venue; and (ii) is so identified on the face of the ticket. (2) “Box office price” includes the applicable State or City admissions and amusement tax only if the tax is determined by the operator on a “tax-included basis” authorized by the State Tax-General Article, § 4-102(f). (3) “Box office price” does not include: (i) any additional service or other charge or fee imposed by an operator, by an operator’s authorized sales agent, or by any other person; or (ii) except as specified in paragraph (2) of this subsection, any tax to be collected by an operator or the operator’s authorized sales agent. (d) “Entertainment” includes any of the following, whether presented live, recorded, televised, or otherwise: (1) any theatrical, musical, sports, dance, movie, cultural, or educational event, performance, competition, or exhibition; and (2) any other form of diversion, recreation, or show. (e) (1) “Entertainment venue” means any place in Baltimore City for which a charge is imposed for admission to any form of entertainment. (2) “Entertainment venue” includes: (i) any theater, hall, stage, arena, stadium, field, amusement park, circus, carnival, or fairgrounds; or (ii) or any other place, including any area within a venue for which a separate charge is imposed. (f) “Gross ticket cost” means the sum of: (1) the box office price; (2) all State and City taxes collected by the operator or the operator’s authorized sales agent; and (3) all service or other charges or fees imposed on the ticket by the operator or the operator’s authorized sales agent. (g) - (i) (j) “Operator” means any person who: (1) owns, operates, or controls an entertainment venue in Baltimore City; or (2) promotes or produces entertainment in Baltimore City. (k) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except for the application of § 16-11{“Prepayable citation”} and § 16-12 {“Criminal penalties”}, a governmental entity or an instrumentality or unit of a governmental entity. (l) “Sell” means to sell or exchange or offer to sell or exchange a ticket, whether: (1) in-person; (2) by mail or delivery service; or (3) by telephone, facsimile, email, internet website, or other electronic medium. (m) “Ticket” means any ticket, card, token, receipt, or other evidence of the privilege of admission to any entertainment venue. *History: Ord. 13-157: Ord. 22-125* ##### § 16-2 Balt., Md., Code art. 2, § 16-2 (2026) Reserved ##### § 16-3 Applicability of other laws. Balt., Md., Code art. 2, § 16-3 (2026) (a) Except as provided in subsection (b) of this section, nothing in this subtitle affects the applicability and enforceability of any other law, rule, or regulation, including those concerning consumer protection, licensing and regulation, fraudulent or misleading advertising, or theft. (b) If any provision of this article is either more or less restrictive than a comparable condition imposed by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. *History: Ord. 13-157* ##### § 16-4 Rules and regulations. Balt., Md., Code art. 2, § 16-4 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations as necessary or appropriate to: (1) define or further define any terms used in this subtitle; and (2) otherwise promote the implementation and enforcement of this subtitle. *History: Ord. 13-157* *History: Text Conformed 02/12/21* ##### § 16-5 Balt., Md., Code art. 2, § 16-5 (2026) Reserved #### Part 2 – Charges by Operators and their Agents ##### § 16-6 In general. Balt., Md., Code art. 2, § 16-6 (2026) An operator or an operator’s authorized sales agent may not impose, accept, or receive, directly or indirectly, for any ticket more than the following: (1) the box office price; (2) any separately stated admissions and amusement tax; and (3) additional service or other charges or fees that have been identified and disclosed as required by this subtitle. *History: Ord. 13-157* ##### § 16-7 Required disclosures. Balt., Md., Code art. 2, § 16-7 (2026) (a) Every ticket printed by or under authority of an operator or an operator’s authorized sales agent must prominently disclose on its face the box office price of that ticket. (b) If a printed advertisement or listing prepared by or for an operator or an operator’s authorized sales agent states the box office price of a ticket (or a range of tickets), and if the gross ticket price of the ticket (or range of tickets), as sold by the operator or the operator’s authorized sales agent, exceeds the stated box office price (or range of prices), the advertisement or listing must, in the same or larger font as that used for the stated box office price (or range of prices), include the following statement: “Additional Charges May Apply”. (c) (1) This subsection does not apply if the gross ticket cost of the ticket, as sold by either the operator or the operator’s authorized sales agent, does not exceed the box office price disclosed on the face of the ticket. (2) Every operator and its authorized sales agent must prominently post at its box office, sales outlet, or other point of sale (including a website or other electronic medium), an itemized list of the following, as applicable to each entertainment venue and each entertainment event at that venue for which tickets are being sold: (i) the box office price of the tickets; and (ii) in the same or larger font as that used for the box office price: (A) the type and amount of each State and City tax that is applicable to the transaction and that has not been determined by the operator on a “tax-included basis” as authorized by the State Tax-General Article, § 4-102(f); (B) the type and amount of each service or other charge or fee imposed on the ticket by the operator and by the operator’s authorized sales agent, respectively; and (C) the gross ticket cost of the ticket, as sold by the operator and as sold by the operator’s authorized sales agent, respectively. (3) In addition: (i) immediately before finalization of any sale by an operator or its authorized sales agent: (A) the itemized list of costs described in paragraph (2) of this subsection must be disclosed to each potential purchaser; or (B) if the purchase is being finalized by telephone, the itemized list of costs described in paragraph (2) of this subsection must be read to the purchaser in a clear and distinct manner; and (ii) immediately after finalization of any sale by an operator or its authorized sales agent: (A) the itemized list of costs described in paragraph (2) of this subsection must be given to each purchaser; or (B) the ticket provided to the purchaser must prominently disclose on its face both the amount of the box office price of the ticket and, in the same or larger font size, the amount of the gross price of the ticket. *History: Ord. 13-157* ##### §§ 16-8 through 16-10 Balt., Md., Code art. 2, § 16-8 through 16-10 (2026) Reserved #### Part 3 – Enforcement ##### § 16-11 Prepayable citation. Balt., Md., Code art. 2, § 16-11 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 13-157* ##### § 16-12 Criminal penalties. Balt., Md., Code art. 2, § 16-12 (2026) (a) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. (b) Each ticket sold or exchanged or offered for sale or exchange in violation of this subtitle is a separate offense. *History: Ord. 13-157* ### Subtitle 17 – Ticket Sales – Ticket Purchasing Software #### Part 1 – Definitions; General Provisions ##### § 17-1 Definitions. Balt., Md., Code art. 2, § 17-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Entertainment” includes any of the following, whether presented live, recorded, televised, or otherwise: (1) any theatrical, musical, sports, dance, movie, cultural, or educational event, performance, competition, or exhibition; and (2) any other form of diversion, recreation, or show. (c) (1) “Entertainment venue” means any place in Baltimore City for which a charge is imposed for admission to any form of entertainment. (2) “Entertainment venue” includes: (i) any theater, hall, stage, arena, stadium, field, amusement park, circus, carnival, or fairgrounds; or (ii) or any other place, including any area within a venue for which a separate charge is imposed. (d) (e) “Operator” means any person who: (1) owns, operates, or controls an entertainment venue in Baltimore City; or (2) promotes or produces entertainment in Baltimore City. (f) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except for the application of § 17-11{“Prepayable citation”} and § 17-12 {“Criminal penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. (g) “Retail ticket purchasing platform” means a retail ticket purchasing website, application, phone system, or other technology platform used to sell tickets. (h) “Ticket” means any ticket, card, token, receipt, or other evidence of the privilege of admission to any entertainment venue. (i) “Ticket purchasing software” means any machine, device, computer program, or computer software that, on its own or with human assistance, bypasses security measures or access control systems on a retail ticket purchasing platform, or other controls or measures on a retail ticket purchasing platform that assist in implementing a limit on the number of tickets that can be purchased. *History: Ord. 16-545* *History: Ord. 22-125* ##### §§ 17-2 to 17-5 Balt., Md., Code art. 2, § 17-2 to 17-5 (2026) Reserved #### Part 2 – Prohibited Conduct ##### § 17-6 Using ticket purchasing software. Balt., Md., Code art. 2, § 17-6 (2026) No person may use ticket purchasing software to purchase tickets. *History: Ord. 16-545* ##### § 17-7 Resale of tickets obtained by using ticket purchasing software. Balt., Md., Code art. 2, § 17-7 (2026) No person may resell or offer to resell a ticket that the person knows was obtained by using ticket purchasing software. *History: Ord. 16-545* ##### § 17-8 Maintaining interest in or control of ticket purchasing software. Balt., Md., Code art. 2, § 17-8 (2026) No person may intentionally maintain any interest in or control of ticket purchasing software. *History: Ord. 16-545* ##### §§ 17-9 to 17-10 Balt., Md., Code art. 2, § 17-9 to 17-10 (2026) Reserved #### Part 3 – Enforcement ##### § 17-11 Prepayable citation. Balt., Md., Code art. 2, § 17-11 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 16-545* ##### § 17-12 Criminal penalties. Balt., Md., Code art. 2, § 17-12 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to: (1) a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment for each offense; (2) forfeiture of all profits from the sale of tickets obtained in violation of this subtitle; and (3) forfeiture of any equipment used to purchase tickets in violation of this subtitle. (b) Each ticket purchased, resold, or offered for resale in violation of this subtitle is a separate offense. *History: Ord. 16-545* ## Article 4 – Community Relations ### Subtitle 1 – Definitions; General Provisions #### § 1-1 Definitions. Balt., Md., Code art. 4, § 1-1 (2026) (a) In this article, the following terms have the meanings indicated. (b) “Age”, as used in § 3-5 of this article, means the “age of majority”, and refers to anyone who has attained the age of 18 years. (c) (1) “Age discrimination”, as used in § 3-1 of this article, means any difference in the treatment of an individual or person because of age. (2) Except that: (i) it shall not be discrimination for an employer, employment agency, or labor organization to observe the terms of a bona fide employee benefit plan, such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this article, and excepting further, that no such employee benefit plan shall excuse the failure to hire any individual; and (ii) the prohibitions relating to age discrimination are limited to individuals who are at least 18 years of age but less than 65 years of age. (d) “Commission” means the Baltimore Community Relations Commission, heretofore named the Baltimore Equal Opportunity Commission. (e) “Complainant” means any person or groups of persons claiming to be aggrieved under this article. (f) (1) “Discrimination” means any difference in the treatment of an individual or person because of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, gender identity or expression, HIV or AIDS status or, in the context of discriminatory housing practices under § 3-5 {“Housing”} of this article, source of income. (2) “Discrimination” includes segregation. (3) However, it is not discrimination for: (i) any religious or denominational institution to devote its facilities, exclusively or primarily, to or for members of its own religion or denomination or to give preference to those members or to make any selection as is calculated by the institution to promote the religious principles for which it is established or maintained; (ii) an employer to disqualify a person with a physical or mental disability when the nature or extent of the disability makes the person unfit or unsuited for the job; (iii) an educational institution to restrict its student body and student activities to one sex or the other; (iv) an educational institution to provide special educational or recreational programs for individuals with a physical or mental disability; or (v) any person to provide: (A) separate toilet facilities for males and females; (B) lactation accommodations in accordance with City Code Article 11, Subtitle 16 {“Lactation Accommodation in the Workplace”}; or (C) pregnancy accommodations in accordance with City Code Article 11, Subtitle 20 {“Pregnancy Accommodations”}. (4) This definition also applies to the verb “to discriminate” and to the adjective “discriminatory”, as used in this article. (g) “Dwelling” means: (1) any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by 1 or more families; and (2) any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (h) (1) “Educational institution” means any person, institution, or organization, public or private, rendering services free or for tuition, and licensed or accredited by the City, State or Federal Government, or any agency thereof, for the purpose of teaching or instructing persons. (2) “Educational institution” shall include also all libraries, art galleries, nursery schools, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, business schools, and extension or correspondence courses, and all institutions established for vocational or professional training or preparation. (3) “Educational institution” shall not include any natural person who tutors another natural person or persons individually at the residence of either the tutor or the student. (i) (1) “Employer” means every person, other than fraternal and religious organizations, who employs 1 or more persons, exclusive of parents, spouse, or children of that person during at least 15 days in the preceding 12 full months. (2) “Employer” includes any governmental unit, agency, or employer as to which the City has the power to legislate. (j) “Employment agency” means every person regularly undertaking in this City, with or without compensation, to procure opportunities to work or to procure, refer, or place employees. (k) (1) “Familial status” means 1 or more individuals (who have not attained the age of 18 years) being domiciled with: (i) a parent or another person having custody of such individual or individuals; or (ii) the designee of such parent or other person having such custody, with the written permission of such parent or other person. (2) The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. (l) “Family” includes a single individual. (l-1) “Gender identity or expression” means an individual’s having or being perceived as having a gender-related self- identity, self-image, appearance, expression, or behavior, whether or not those gender-related characteristics differ from those associated with the individual’s assigned sex at birth. (m) (1) “Health and welfare service agency” means any public, voluntary, or private health or welfare organization which receives public funds. (2) “Health and welfare service agency” includes any hospital, clinic, dispensary, nursing home, convalescent home, rehabilitation center, social work, agency, community service center, group work-recreation center, counseling and guidance service agency, sheltered or protective workshop, social agency, day camp or resident camp, or protective service organization or facility. (3) Except for a hospital, clinic or dispensary, “health and welfare service agency” shall not include any health and welfare service agency: (i) operated by a bona fide religious denomination exclusively or primarily for members of its faith; (ii) operated by any fraternal organization whose membership is limited to 1 religious denomination or faith; or (iii) operated by any charitable organization organized exclusively or primarily for the benefit of members of 1 denomination or faith. (m-1) “HIV or AIDS status” means whether or not the immune system of an individual is infected wtih the human immunodeficiency virus (HIV). (n) “Labor organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in relation to employment. (o) (1) “Mental disability” means the existence of, or history of, an emotional or intellectual disorder, as defined by psychiatrists, which requires special educational or psychotherapeutic services, and includes being regarded as having such an impairment , but shall not include a judicial determination of disability. (2) “Mental disability” does not include current, illegal use of or addiction to a controlled substance (as defined in §102 of the Controlled Substance Act (21 U.S.C. 802)). (p) (1) “Person” has the meaning stated in § 1-107 of the City Code’s General Provisions Article. (2) The term “person”: (i) as applied to a partnership or other association, includes the partners or members thereof; and (ii) as applied to a corporation, includes the officers thereof. (q) (1) “Physical disability” means any physical condition, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect, trauma, or illness, including epilepsy, which shall include, but not be limited to any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment or disorder, or physical reliance on a seeing eye dog, wheelchair, or any other remedial appliance, device, or medication, and includes a record of having such a disability or being regarded as having such a disability. (2) “Physical disability” does not include current, illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802)). (r) (1) “Place of public accommodation, resort, or amusement” shall be limited to inns, roadhouses, hotels, motels, restaurants, or eating houses, all bathhouses, swimming pools, all retail stores and establishments, theaters, motion picture houses, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, fairs and carnivals, bowling alleys, shooting galleries, billiard and pool parlors, garages, and all public conveyances operated on land or water or in the air, as well as the stations, terminals, and airports thereof, and ambulances. (2) “Place of public accommodation, resort, or amusement” does not apply to any bona fide private club where the accommodations, facilities, and services are restricted to the members of such club and their guests. (r-1) (1) “Protective hairstyles” means hairstyles necessitated by or resulting from the immutable characteristics of a hair texture associated with race, including those that protect against split ends, knotting, or general damage, and also help retain the length of the hair. (2) “Protective hairstyles” includes hairstyles such as braids, twists, afro hairstyles, curls, and locks. (s) “Public funds” means funds derived from any governmental body or agency thereof, or funds derived from general Citywide solicitations. (s-1) “Race” means immutable traits historically associated with race, including hair texture and protective hairstyles. (t) “Rent” includes to lease, to sublease, to let, or otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (u) “Respondent” means any person or groups of persons against whom a complaint is lodged. (v) “Restrictive covenant” means any specification limiting the transfer, rental, or lease of any dwelling because of race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, or, in the context of discriminatory housing practices under § 3-5 {“Housing”} of this article, source of income. (w) (1) “Sexual orientation” means the status of an individual as to homosexuality, heterosexuality, or bisexuality. (2) This subsection is not intended to permit any practice prohibited by state or local law. (x) (1) “Source of income”, as used in § 3-5 {“Housing”} of this article, means any lawful source of money paid directly or indirectly to, or on behalf of, a renter or buyer of housing. (2) “Source of income” includes income from: (i) a lawful profession, occupation, or job; (ii) any government or private assistance, grant, loan, or rental assistance program, including low-income housing assistance certificates and vouchers issued under the United States Housing Act of 1937; or (iii) a gift, an inheritance, a pension, an annuity, alimony, child support, or other consideration or benefit. *History: Ord. 64-103* *History: Ord. 71-1160* *History: Ord. 72-052* *History: Ord. 75-908* *History: Ord. 77-590* *History: Ord. 88-079* *History: Ord. 90-423* *History: Ord. 02-453* *History: Ord. 18-213* *History: Ord. 19-234* *History: Ord. 19-267* *History: Ord. 20-471* *History: Ord. 22-125* *History: * *History: * *History: * #### § 1-2 Findings; policy. Balt., Md., Code art. 4, § 1-2 (2026) (a) The Mayor and City Council of Baltimore finds that: (1) The population of Baltimore is composed of persons having differing racial, religious, and ethnic backgrounds. (2) Discrimination in the fields of education and preliminary job training and other prevailing conditions and causes have precluded members of certain ethnic, sex, or age groups, and persons with a physical or mental disability, from acquiring, developing, and maintaining essential educational, vocational, cultural, and professional background and efficiency for entrance into, and the earning of a livelihood in, many fields of endeavor. Members of these groups who are qualified are not given fair, equal, and impartial employment opportunities. Such prevention from earning an income necessary to maintain normal and decent living standards has retarded community progress and increased public relief rolls. (3) Discrimination in health and welfare services imposes unnecessary individual and community hardships and has actually resulted in denial to members of such groups of care, attention, and service essential to maintenance of their physical and emotional well-being. (4) The practice by places of public accommodation, resort, or amusement of refusing to accommodate and serve members of groups tends to impose hardship upon the members of these groups and also tends to cause and intensify inter-group tension. (5) Discrimination against women in the fields of education, preliminary job training, health and welfare services, and employment opportunities, and the refusal of service in places of public accommodations, resort, or amusement imposes a social hardship upon women and penalizes the society in that women cannot make maximum use of their skills and abilities to enrich the world around them. (6) Arbitrary age discrimination in employment prevents many of our citizens from working at jobs for which they are qualified and forces others who are willing and able to work into involuntary retirement. These workers are denied the opportunity of working in their chosen fields and are often forced to accept support from society through unemployment insurance and relief payments. (7) It is estimated that over 11% of the working age population in the Baltimore area has a physical or mental disability which limits the kind of work such persons can do. The law should protect their right to have an equal chance to perform in the jobs for which they are suited and to be educated for such employment. Places of public accommodation, resort, and amusement as well as health and welfare agencies and educational institutions should make available their facilities and programs to persons having physical and mental disabilities. (8) Discrimination in the sale and rental of housing accommodations imposes social and financial hardship. Equal access to housing is fundamental to the exercise of basic rights and to the enjoyment of many other liberties and opportunities and should be available to all members of our community. (9) Discrimination because of sexual orientation or gender identity or expression produces untold anxieties, mental anguish, and human suffering, not only in the victims of discrimination themselves, but also among their families. (10) Legislation is necessary in the public interest to avoid permanent adverse effects upon the development, growth, and renewal of the City of Baltimore. (b) Therefore, the Mayor and City Council of Baltimore deems it necessary and expedient to promote and protect the public welfare by enacting this article to prevent and eliminate discrimination by the persons and in the areas herein defined. *History: Ord. 64-103* *History: Ord. 71-1160* *History: Ord. 72-052* *History: Ord. 75-908* *History: Ord. 88-079* *History: Ord. 90-423* *History: Ord. 02-453* #### § 1-3 Balt., Md., Code art. 4, § 1-3 (2026) Reserved ### Subtitle 2 – Community Relations Commission #### § 2-1 Commission continued. Balt., Md., Code art. 4, § 2-1 (2026) The agency originally created as the Baltimore Equal Employment Opportunity Commission and subsequently continued as the Baltimore Equal Opportunity Commission is continued as the Baltimore Community Relations Commission of the Mayor and City Council of Baltimore. *History: Ord. 64-103* #### § 2-2 Organization. Balt., Md., Code art. 4, § 2-2 (2026) (a) The Commission consists of 10 members, who shall be appointed by the Mayor subject to approval by the City Council. (b) 5 members of the Commission constitute a quorum. (c) The members of the Commission: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Esrimates. (d) The members of the Commission shall: (1) annually elect a Chair from among the members of the Commission; and (2) appoint a secretary. *History: Ord. 64-103* *History: Ord. 99-526* *History: Ord. 16-503* #### § 2-3 General responsibility. Balt., Md., Code art. 4, § 2-3 (2026) The Commission has the responsibility for the elimination of discrimination in all areas of community life, as more particularly provided throughout this article. *History: Ord. 64-103* #### § 2-4 Powers and duties of Commission. Balt., Md., Code art. 4, § 2-4 (2026) The Commission is authorized to and shall: (1) formulate and carry out a comprehensive educational and action program designed to eliminate and prevent prejudice and discrimination in the City of Baltimore; (2) initiate studies concerning the current status of civil rights, inter-group relations, and discriminatory practices; (3) conduct and publish an annual survey or community audit of the status of human rights in the City of Baltimore; (4) create such advisory councils, committees, or subcommittees as in the judgment of the Commission will aid in carrying out the purposes of this article and to cooperate with such councils, committees, or subcommittees toward such ends; (5) receive and investigate and seek to resolve all complaints of unlawful practices forbidden by this article, but no complaints shall be received unless made to the Commission within 300 days of such alleged unlawful practice; (6) make appropriate findings as a result of any of its investigations; (7) from time to time, but not less than once a year, render to the Mayor and City Council a written report of its activities and recommendations for legislation as in the judgment of the Commission is necessary or desirable to aid it in carrying out its purposes and functions under this article; (8) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt and publish such rules and regulations as may be necessary to carry out the functions of the Commission and to effectuate the purposes and provisions of this article; (9) consult with such advisory agencies and conciliation councils as will aid in effectuating the purposes of this article; (10) conduct investigations and studies and hold public hearings for the purpose of determining the existence of problems, practices, or conditions in the areas placed under its jurisdiction by this or any other ordinance or by State or Federal law; (11) in the enforcement of this article, issue subpoenas and compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relevant or necessary for hearings, investigations, and proceedings. Any such subpoena shall be served by the Sheriff of Baltimore City or any of his deputies. In case of disobedience to a subpoena, the Commission may apply to the court of appropriate jurisdiction of Baltimore City for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. Said court may, in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses or the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigations, or proceedings of the Commission, issue an order requiring the attendance and testimony of such witnesses and the production of such books, papers, records and documents, or any of them, and any failure to obey such order of said court may be punished by such court as contempt thereof. (12) to cooperate, negotiate, and contract on behalf of the City with any state or federal agency functioning or having jurisdiction in the same area as the Commission, with respect to the subject matter of this article, to the end that duplication of effort in said areas may be avoided. *History: Ord. 64-103* *History: Ord. 75-984* *History: Ord. 77-590* *History: Text Conformed 02/12/21* *History: * #### § 2-5 Cooperation with civic groups. Balt., Md., Code art. 4, § 2-5 (2026) The Commission shall invite and enlist the cooperation of racial, religious, and ethnic groups, community organizations, labor and business organizations, fraternal and benevolent societies, veterans’ organizations, professional and technical organizations, and other groups in the City of Baltimore in carrying out its duties, functions, and purposes under this article. *History: Ord. 77-590* ### Subtitle 3 – Unlawful Practices #### § 3-1 Employment. Balt., Md., Code art. 4, § 3-1 (2026) Except where a particular occupation or position reasonably requires, as an essential qualification, the employment of a person or persons of a particular race, color, religion, national origin, ancestry, sex, age, marital status, physical or mental capability, sexual orientation, gender identity or expression, or HIV or AIDS status and that qualification is not adopted as a means of circumventing the purpose of this article, it is an unlawful employment practice: (1) for any employer to discriminate against an individual with respect to hire, tenure, promotion, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment; (2) for any employer, employment agency, or labor organization to practice discrimination by denying or limiting through a quota system or otherwise, employment or membership opportunities to any group or individual; (3) for any employer, employment agency, or labor organization, before employing an individual or admitting an individual to membership, to: (i) make any inquiry about or record of an applicant’s race, color, religion, national origin, ancestry, marital status, sexual orientation, gender identity or expression, or HIV or AIDS status, except as authorized or ordered by the Commission; (ii) use any form of application for employment or membership that contains questions or entries about race, color, religion, national origin, ancestry, marital status, sexual orientation, gender identity or expression, or HIV or AIDS status, except as authorized or ordered by the Commission; or (iii) cause to be printed, published, or circulated any notice or advertisement relating to employment or membership that indicates any preference, limitation, specification, or discrimination based on race, color, religion, national origin, ancestry, sex, age, marital status, sexual orientation, gender identity or expression, or HIV or AIDS status; (4) for any employment agency to practice discrimination by failing or refusing properly to classify an individual or to refer him for employment; (5) for any labor organization to discriminate against any individual by limiting, segregating, or classifying its membership in any way which would deprive or tend to deprive such individual of employment opportunities or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment or would affect adversely his wages, hours, or employment conditions; (6) for any labor organization or employers’ association established for the purpose of training apprentice candidates, acting individually or jointly, to discriminate against any person with respect to admission or membership, or with respect to terms, conditions of employment or training, placement, or any other benefits; (7) for any employer, employment agency, or labor organization to discriminate against any individual because he has sought psychiatric help; or (8) for any employer, employment agency, or labor organization to willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law. *History: Ord. 64-103* *History: Ord. 71-1160* *History: Ord. 75-908* *History: Ord. 88-079* *History: Ord. 90-423* *History: Ord. 02-453* *History: * #### § 3-2 Public accommodations. Balt., Md., Code art. 4, § 3-2 (2026) It is an unlawful practice for any person, including any owner, lessee, proprietor, superintendent, manager, agent, or employee of a place of public accommodation, resort, or amusement to: (1) discriminate against any person by directly or indirectly withholding from or denying to such person any of the services, advantages, facilities, or privileges offered by such place of public accommodation, resort, or amusement; (2) discriminate against any person, in the setting of rates or charges for any of the services, advantages, facilities, or privileges offered by such place of public accommodation, resort, or amusement; (3) communicate, publish, advertise, or represent: (i) that any services, advantages, facilities, or privileges of that place of public accommodation, resort, or amusement will be refused, withheld, or denied to any person on account of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status; or (ii) that the patronage or custom of any person belonging to or purporting to be of any particular race, color, religion, national origin, ancestry, sex, marital status, sexual orientation, gender identity or expression, or HIV or AIDS status, or possessing any physical or mental disability, is unwelcome, objectionable, or not acceptable, desired, or solicited; or (4) willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law. *History: Ord. 64-103* *History: Ord. 71-1160* *History: Ord. 75-908* *History: Ord. 88-079* *History: Ord. 90-423* *History: Ord. 02-453* *History: * #### § 3-3 Education. Balt., Md., Code art. 4, § 3-3 (2026) (a) It is an unlawful educational practice for any person, any educational institution, or any owner, superintendent, teacher, professor, manager, trustee, or officer of an educational institution to: (1) discriminate in admissions to such institutions or to restrict or limit the same by quota or otherwise; (2) discriminate in the admission of any student to any course or courses of study or programs offered by or in any such educational institution; (3) discriminate against any student with respect to any of the facilities of such institution otherwise afforded to students or available to students, whether or not such facilities or accommodations are on or off the campus or owned, rented, or leased for the benefit of students; (4) discriminate or promote discrimination by any organization officially recognized by such educational institution with respect to any extra-curricular activities, whether or not those activities take place on or off the campus of said educational institution; except that it shall not be considered to be discriminatory if such organizations restrict their membership or their activities to one sex or the other; (5) discriminate against any person in the establishment of rates, fees, or tuition for any service or program offered by such educational institution, or by any owner, superintendent, teacher, professor, manager, or officer thereof; (6) communicate, publish, advertise, or represent: (i) that any of the courses, services, programs, facilities, lectures, affairs, or privileges are withheld from or denied to any person on a discriminatory basis; or (ii) that any person is unwelcome, objectionable, or unacceptable because of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status; (7) discriminate in admissions to such institutions or in admission to any course or courses of study or programs offered by any educational institution because of a mental or physical disability of a student except where specific physical or mental skills may be reasonably required; or (8) willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law. (b) This section is subject to the exemptions based upon religious principles provided in § 1-1(f) of this article. *History: Ord. 64-103* *History: Ord. 71-1160* *History: Ord. 75-908* *History: Ord. 88-079* *History: Ord. 90-423* *History: Ord. 02-453* *History: * #### § 3-4 Health and welfare agencies. Balt., Md., Code art. 4, § 3-4 (2026) (a) It is an unlawful practice for any health and welfare agency or any owner, supervisor, staff person, director, manager, or officer of a health and welfare agency to: (1) discriminate against any person by refusing, denying, or withholding from him any of the services, programs, benefits, facilities, or privileges of any health and welfare program or service; (2) discriminate against any person in the setting of rates or charges for any of the services, programs, benefits, facilities, or privileges of any such agency; or (3) communicate, publish, advertise, or represent: (i) that any of the services, programs, benefits, facilities, or privileges of any health and welfare agency are withheld from or denied to any person on a discriminatory basis; or (ii) that the patronage of any person is unwelcome, objectionable, or unacceptable because of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status; or (4) based on an individual’s sexual orientation, gender identity or expression, or HIV or AIDS status: (i) deny admission to a facility, transfer or refuse to transfer the individual within a facility or to another facility, or discharge or evicts an individual from a facility; (ii) deny a request by individuals to share a room in a facility; (iii) if rooms are assigned by gender, assign, reassign, or refuse to assign a room to a transgender individual other than in accordance with the individual’s gender identity, unless at the individual’s request; (iv) prohibit an individual from using, or harassing an individual who seeks to use or does use, a restroom available to other individuals of the same gender identity, regardless of whether the individual is making a gender transition or appears to be gender- nonconforming; (v) willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law; (vi) deny an individual the right to wear or be dressed in clothing, accessories, or cosmetics that are allowed for any other individual; (vii) restrict an individual’s right to associate with other individuals, including the right to consensual sexual relations, unless the restriction uniformly applies to all individuals in a nondiscriminatory manner; (viii) deny or restrict medical or nonmedical care; or (ix) provide medical or nonmedical care in a manner that, to a similarly situated reasonable individual, unduly demeans the individual’s dignity or causes avoidable discomfort. (b) (1) A facility must post prominently, and must include with any materials that describe the facility’s nondiscrimination policies, a notice that: (i) meets the requirements of this subsection; and (ii) is in a form prescribed by the Director. (2) The notice required under this subsection must include: (i) a statement that the law prohibits discrimination, including bullying, abuse, or harassment, on the basis of actual or perceived sexual orientation, gender identity, gender expression, or HIV or AIDS status; and (ii) information about enforcement under City Code Article 4, Subtitle 4 {“Enforcement”}. *History: Ord. 64-103* *History: Ord. 71-1160* *History: Ord. 75-908* *History: Ord. 88-079* *History: Ord. 90-423* *History: Ord. 02-453* *History: * #### § 3-5 Housing. Balt., Md., Code art. 4, § 3-5 (2026) (a) It is an unlawful discriminatory housing practice, because of race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, source of income, or HIV or AIDS status, for any person having the right to sell, rent, lease, control, construct, or manage any dwelling constructed or to be constructed, or for any employee of such a person: (1) to refuse to negotiate for the sale or rental or to refuse to sell or rent or otherwise deny to or withhold any dwelling from any person; (2) to discriminate against any person in the terms, conditions, or privileges of the sale or rental of any dwelling or in the furnishing of facilities or services in connection therewith; (3) to refuse to receive or transmit a bona fide offer to purchase, rent, or lease any dwelling from any person; (4) to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination, or any intention to make any such preference, limitation, or discrimination; (5) to represent to any person that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; (6) to discriminate in allowing or disallowing a person access to or membership or participation in any multiple-listing service, real estate broker’s organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership, or participation; (7) to include in any transfer, sale, or rental of housing any restrictive covenant that discriminates; (8) to honor or exercise, or attempt to honor or exercise any discriminatory covenant pertaining to housing; (9) to refuse to consider 2 or more applicants’ incomes when they seek to buy or rent a dwelling or dwelling unit; (10) to refuse to consider alimony or child support awarded by a court and received by an applicant as a valid source of income, when that source can be verified as to its amount, length of time received, and regularity of receipt; (11) to request or consider information about birth control practices in evaluating any prospective buyer or lessee of a dwelling; (12) to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a mental or physical disability of: (i) that buyer or renter; (ii) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (iii) any person associated with that buyer or renter; (13) to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a mental or physical disability of: (i) that person; (ii) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (iii) any person associated with that person; or (14) to willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law. (a-1) (1) In this subsection, “qualifying housing development” means a development consisting of 5 or more contiguous rental dwelling units in which 20% or more of the dwelling units are rented to persons whose source of income is derived in whole or in part from housing assistance certificates or vouchers issued under the United States Housing Act of 1937. (2) The prohibitions in subsection (a) of this section, as they relate to source of income, do not apply to a qualifying housing development in Baltimore City. (3) The exception in this subsection automatically expires on June 30, 2023, unless the City Council, after causing an appropriate study to be undertaken, conducting public hearings, and hearing testimonial evidence, finds that the exception remains in the public interest, in which case this subsection may be extended for 4 more years. (b) (1) For purposes of subsections (a)(12) and (a)(13), discrimination includes: (i) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (ii) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (iii) in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwellings in such a manner that: (A) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; (B) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and (C) all premises within such dwellings contain the following features of adaptive design: 1. an accessible route into and through the dwelling; 2. light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; 3. reinforcements in bathroom walls to allow later installation of grab bars; and 4. usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. (2) As used in this subsection, the term “covered multifamily dwellings” means: (i) buildings consisting of 4 or more units if such buildings have 1 or more elevators; and (ii) ground floor units in other buildings consisting of 4 or more units. (3) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. (c) It is an unlawful insuring practice for any person to refuse to enter into or to discriminate in the terms, conditions, or privileges of a contract of insurance against hazards to a dwelling because of the race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, of any person owning, residing in, or residing in the vicinity of the dwelling. (d) It is an unlawful financial practice for any person: (1) to discriminate against any person because of race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, in connection with an application for financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling or for financial assistance secured by residential real estate, including but not limited to rates, terms, conditions, privileges, or other provisions of financial assistance or in the extension of related services; (2) to use a form of application for financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling, or for financial assistance secured by residential real estate, or to make inquiry or keep a record in connection thereto which indicates, directly or indirectly, discrimination; (3) to discriminate by refusing to give full recognition to the income of each applicant, the total income and expenses of all applicants who become or are prepared to become joint obligors for the purchase of a dwelling; (4) to refuse to consider alimony or child support awarded by a court and received by an applicant as a valid source of income, when that source can be verified as to its amount, length of time received, and regularity of receipt; or (5) to discriminate in appraising the value of residential real property. (e) It is an unlawful practice for a person, for the purpose of inducing or discouraging a real estate transaction: (1) to represent that a change has occurred or will or may occur with respect to race, color, religion, national origin, ancestry, sex, age, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, in the composition of the owners or occupants in the block, neighborhood, or area in which the dwelling is located; or (2) to represent that a change with respect to race, color, religion, national origin, ancestry, sex, age, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, in the composition of the owners or occupants in the block, neighborhood, or area in which the dwelling is located will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools. (f) (1) Any restrictive covenant, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, is declared to be null, void, and of no effect, and contrary to public policy, as well as contrary to the Constitution and the laws of the United States. (2) Any person who is asked to accept a document affecting title to real or leasehold property may decline to accept the same if it includes such a covenant until the covenant has been deleted from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mortgage, or otherwise deal with such property. (g) Nothing in this section shall be construed to bar any person from renting or advertising any dwelling for occupancy by a single sex, where the physical limitations or configuration of the housing facility, or considerations of personal privacy or personal safety, make it inappropriate for the facility to be occupied by persons of both sexes. (h) (1) Nothing in this section regarding familial status or age shall apply to housing for older persons. (2) As used in this section “housing for older persons” means housing: (i) provided under any city, state, or federal program specifically designed and operated to assist elderly persons (as defined in the city, state, or federal program); (ii) intended for, and occupied solely by, persons 62 years of age or older; or (iii) intended and operated for occupancy by at least 1 person 55 years of age or older per unit. (3) For housing to qualify as housing for older persons, the following conditions are required: (i) the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; (ii) that at least 80% of the units are occupied by at least 1 person 55 years of age or older per unit; and (iii) the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (4) Housing shall not fail to meet the requirements for housing for older persons by reason of: (i) persons residing in such housing as of the date of enactment of this ordinance who do not meet the age requirements of paragraph (2)(ii) or (iii) of this subsection, provided that new occupants of such housing meet the age requirements of paragraph (2)(ii) or (iii) of this subsection; or (ii) unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of paragraph (2)(ii) or (iii) of this subsection. (i) Nothing in this section shall apply: (1) to the rental of a dwelling unit in a building which contains not more than 4 dwelling units, provided the owner resides in 1 of the units; (2) to the rental of not more than 2 rooming units in a dwelling unit by any person if the person resides in the dwelling unit; or (3) to a religious institution, or to an organization operated for charitable or educational purposes, which is operated, supervised or controlled by a religious corporation, association or society, to the extent that the religious corporation, association or society limits, or gives preference in the sale, lease, rental, assignment, or sublease of residential real property which it owns or operates for other than a commercial purpose, to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees, or sublessees, that is calculated by such religious corporation, association, or society to promote the religious principles for which it is established or maintained; provided that membership in such religion is not restricted on account of race, color, or national origin. (j) Nothing in this section limits the applicability of local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (k) Nothing in this section prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802) or a controlled dangerous substance as defined in § 277, Article 27 - Crimes and Punishments, Annotated Code of Maryland, 1987 Replacement Volume, as amended. *History: Ord. 90-423* *History: Ord. 02-453* *History: * #### § 3-6 Ancillary prohibitions. Balt., Md., Code art. 4, § 3-6 (2026) It shall be an unlawful practice for any person: (1) to aid, abet, incite, compel, or coerce the doing of any act or to attempt to commit any act declared unlawful by the provisions of this article; (2) to penalize or discriminate against any person because that person has opposed any practice made unlawful by this article or because that person has made a complaint, testified, or assisted in any manner in any investigation or proceeding hereunder; (3) to intimidate in any way any person who is attempting to exercise the rights provided for in this article; or (4) to obstruct, prevent, or discourage any person from complying with the provisions of this article or any order issued hereunder. *History: Ord. 64-103* *History: Ord. 90-423* *History: Ord. 91-739* *History: Ord. 19-234* ### Subtitle 4 – Enforcement #### § 4-1 Complaints. Balt., Md., Code art. 4, § 4-1 (2026) (a) (1) Any person claiming to be aggrieved by an alleged unlawful practice may, by himself or his attorney, make, sign, and file with the Commission a complaint in writing under oath. (2) The complaint shall state the name and address of the person alleged to have committed the unlawful practice (hereinafter referred to as the respondent) and the particulars thereof, and contain such information as may be required by the Commission. (b) Whenever it has reason to believe that any person has been engaged or is engaging in any unlawful practice, the Commission may issue a complaint. (c) Any respondent whose employees refuse or threaten to refuse to comply with the provisions of this article may, by himself or his attorney, file with the Commission a written complaint under oath asking for assistance by conciliation or other remedial action. *History: Ord. 64-103* #### § 4-2 Investigations. Balt., Md., Code art. 4, § 4-2 (2026) (a) (1) After the filing of any complaint, the Director shall consider such complaint and, if deemed appropriate, shall refer the complaint to the appropriate section of the Commission’s staff for prompt investigation. (2) The Chair of the Commission shall not sit on any hearing panel involving any complaint initiated by the Commission. (b) The results of all investigations shall be reduced to written findings of fact. (c) (1) If the finding is made that there is probable cause for believing that an unlawful practice has been or is being committed, the Commission’s staff shall immediately endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. (2) Where the unlawful practice pertains to employment, the Commission’s staff shall be authorized to require as a condition, the elimination of the unlawful practice, upgrading, or reinstatement of the employee discriminated against, with or without back pay, hiring, or acceptance in any respondent labor organization, as the situation may warrant. (d) (1) If an agreement is reached for the elimination of such unlawful practice as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the Commission setting forth the terms of said agreement. No order shall be entered by the Commission at this stage of the proceedings except upon such written agreement. (2) If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof furnished to the complainant and the respondent. (e) (1) If the finding is made that there is no probable cause, said finding shall be reduced to writing and a copy promptly mailed by certified mail to the complainant and to the respondent. (2) Within 7 days after receipt thereof, the complainant shall have the right to appeal such finding to the Commission by filing a written statement with it. (f) Neither the Commission nor its staff shall disclose what has transpired during the course of any investigation; nor shall any publicity be given to any negotiations or to the fact that a complaint has been filed. *History: Ord. 64-103* *History: Ord. 77-590* *History: Ord. 83-1026* #### § 4-3 Hearings. Balt., Md., Code art. 4, § 4-3 (2026) (a) In case of failure to reach an agreement for the elimination of such unlawful practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the Chairman of the Commission. (b) A hearing examiner who shall not be a member of the Commission shall be designated to hear the complaint and shall cause to be issued and served in the name of the Commission a written notice, together with a copy of the complaint, as the same may have been amended, and a copy of the findings of fact, requiring the respondent to answer the charges of the complaint at a public hearing before the hearing examiner, at a time and place to be specified in the notice. (c) The respondent may file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard and otherwise examine and cross-examine witnesses. (d) (1) The hearing examiner conducting any hearing may permit reasonable amendment to any complaint or answer. (2) Testimony at the hearing shall be under oath and recorded. (e) (1) After hearing all the evidence, the hearing examiner shall recommend a decision and an order to be approved by the Commission. (2) The Commission shall issue and cause to be served on such respondent an order requiring such respondent to: (i) cease and desist from such unlawful practice; and (ii) take such affirmative action including (but not limited to) hiring, reinstatement, or upgrading of employees with or without back pay, the sale or rental of the dwelling sought by the complainant, or a similar dwelling, restoration to membership in any respondent labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, where such programs are an established part of an employer’s labor policy, the extension of fair and equal advantages, facilities and privileges to all persons as required by the provisions of this article, awarding of compensatory damages to the person aggrieved by such practice, as, in the judgment of the Commission, will effectuate the purposes of this article. (3) Compensatory damages may include compensation for humiliation, embarrassment, and emotional distress, for expenses incurred in obtaining alternate housing accommodations, and for other expenses incurred by an aggrieved person as a direct result of any unlawful discriminatory practice. (4) For a violation of any provision of § 3-5, the Commission may also impose a civil penalty of not more than $1,000, and each day that a violation continues constitutes a separate offense, with maximum amounts assessable as follows: (i) in an amount not exceeding $10,000, if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (ii) in an amount not exceeding $25,000, if the respondent has been adjudged to have committed 1 other discriminatory housing practice during the 5-year period ending on the date of the filing of this complaint; and (iii) in an amount not exceeding $50,000, if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this complaint; except that if the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred. (f) (1) Any award made for damages compensable under this article shall be made only upon reasonable and competent evidence that the damages resulted from the respondent’s unlawful discriminatory act or practice. (2) Any award made for expenses compensable under this article shall be made only upon the production of documentary evidence of such expenses, including but not limited to bills, receipts, canceled checks, and invoices. An award for any other compensable damages may be made on reasonable and credible testimony and evidence. (g) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commission may adopt administrative and procedural rules and regulations governing hearings before the hearing examiners. *History: Ord. 64-103* *History: Ord. 77-590* *History: Ord. 87-981* *History: Ord. 90-423* *History: Text Conformed 02/12/21* #### § 4-4 Judicial and appellate review. Balt., Md., Code art. 4, § 4-4 (2026) (a) In a contested case, a respondent aggrieved by a final decision of the Commission may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 90-423* *History: Ord. 04-672* *History: Ord. 19-332* #### § 4-5 Public notice of violation. Balt., Md., Code art. 4, § 4-5 (2026) (a) After public hearing and after the time for judicial appeal has passed without appeal having been taken, the Commission may publish or cause to be published the name of any person who has been found to have engaged in a violation of this article. (b) If a respondent takes an appeal from a decision of the Commission, the Commission shall not publish the name of the respondent until the appeal process is exhausted. *History: Ord. 90-423* #### § 4-6 Action by Law Department Balt., Md., Code art. 4, § 4-6 (2026) (a) In the event any respondent refuses to comply with an order of the Commission (as to any matter other than those covered by § 2-4(11) of this article) or in the event, at any time after the filing of a complaint the Commission determines that the alleged unlawful practice will have become final and unrectifiable unless restrained, the Commission may certify the matter to the City Law Department. (b) The City Law Department shall thereupon proceed, in the name of the Mayor and City Council of Baltimore, as soon as reasonably possible, to invoke the aid of an appropriate court to secure compliance with the Commission’s order and with the provisions of this article, or to prevent final, unrectifiable accomplishment of a practice designated as unlawful by this article, as the case may be. (c) The court shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter an order enforcing, modifying, and enforcing as so modified, or setting aside, in whole or in part, the order of the Commission. *History: Ord. 64-103* *History: Ord. 76-019* *History: Ord. 77-590* #### § 4-7 Exhaustion of remedies not required. Balt., Md., Code art. 4, § 4-7 (2026) Nothing in this article shall be construed to require a person to exhaust the administrative remedies provided by this article prior to initiating a civil action. *History: Ord. 90-423* #### § 4-8 Violation by broker, etc. Balt., Md., Code art. 4, § 4-8 (2026) Where a real estate broker, associate real estate broker, real estate operator, or real estate salesperson licensed by the Real Estate Commission of Maryland has failed to comply with an order issued by the Commission or has been found to have committed an unlawful discriminatory housing practice in violation of this article, the Commission shall promptly notify in writing the Real Estate Commission of the State of Maryland of said violation or failure to comply. *History: Ord. 90-423* ### Subtitle 5 – Federal Immigration Enforcement #### § 5-1 Definitions. Balt., Md., Code art. 4, § 5-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Agency” has the meaning stated in § 4-101(b) of the City General Provisions Article. (c) “Immigration enforcement action” means any and all efforts conducted by an immigration official for the purpose of locating, apprehending, detaining, or removing an individual who the immigration official believes is violating federal immigration law. (d) “Immigration enforcement action response plan” or “plan” means a set of policies and procedures adopted by an agency to guide the agency’s preparation for and response to an interaction with an immigration official. (e) “Immigration official” means any employee of the United States Department of Homeland Security, any employee of United States Immigration and Customs Enforcement, or any federal official who engages in an immigration enforcement action. *History: * #### § 5-2 General requirements. Balt., Md., Code art. 4, § 5-2 (2026) (a) An agency may not, unless required by federal law, State law, or a court order: (1) enter into an agreement for the purpose of housing individuals subject to detention on civil immigration charges; (2) enter into an agreement for any purpose related to the enforcement of federal immigration laws; (3) expend or use City funds, resources, or personnel to investigate, question, apprehend, detain, or arrest an individual solely for an actual or suspected violation of federal immigration law; (4) condition the provision of a City service or benefit on the actual or perceived citizenship or immigration status of the individual seeking that service or benefit; (5) allow an immigration official to access a space that is not regularly accessible to the public within a facility operated by an agency; (6) allow an immigration official to access an individual who is being detained by or is in the custody of an agency; (7) allow an immigration official to use an agency’s facilities, information, or equipment for an immigration enforcement action purpose; (8) allow an immigration official to use any space owned, leased, operated, or controlled by the agency, including a park, a recreational area, or another public facility, for the purpose of staging, coordinating, planning, or conducting an immigration enforcement action without a valid permit issued by the City; or (9) allow an immigration official to access any information regarding an individual who is the subject of an immigration enforcement action, unless the individual has consented to the disclosure. (b) An agency may not coerce, intimidate, threaten, or act with bias against any individual based on actual or perceived citizenship or immigration status of the individual or their family. (c) If an agency receives a request from an immigration official for information regarding an individual, to detain an individual, or to notify immigration officials of that individual’s location, the agency shall, unless prohibited by federal law, State law, or a court order: (1) ask for and document the immigration official’s identification; (2) if the request made by an immigration official was in writing, provide a copy of that request to the individual in question; and (3) notify the individual in question within 48 hours. *History: * #### § 5-3 Data governance. Balt., Md., Code art. 4, § 5-3 (2026) An agency may not: (1) ask an individual to disclose their citizenship or immigration status unless the information is required by a law, a court order, or is necessary for a City function; (2) store any information regarding an individual’s citizenship or immigration status, unless the information is required by a law, a court order, or is necessary for a City function; or (3) investigate or assist in an investigation regarding an individual’s citizenship or immigration status, unless the inquiry or investigation is required by law, a court order, or a judicial warrant. *History: * #### § 5-4 Immigration enforcement action response plan. Balt., Md., Code art. 4, § 5-4 (2026) (a) In consultation with the Mayor’s Office of Immigrant Affairs, an agency shall create and adopt an immigration enforcement action response plan to comply with the provisions of this subtitle. (b) An agency shall designate an official within the agency who shall serve as the primary point of contact for issues related to immigration enforcement actions. (c) An agency’s immigration action response plan shall include: (1) a response protocol for communication and interaction with an immigration official; (2) preventative measures the agency will take to prevent an immigration official from accessing a space that is not regularly accessible to the public, unless the immigration official displays a judicial warrant or exigent circumstances require such access; and (3) the steps the agency will take to ensure all employees are informed of the plan and remain in compliance with the plan. (d) An agency shall submit a copy of its immigration action response plan to the Mayor’s Office of Immigrant Affairs. *History: * #### § 5-5 Reporting. Balt., Md., Code art. 4, § 5-5 (2026) (a) No later than January 1 of each year, an agency shall submit to the Mayor’s Office of Immigrant Affairs a report that includes the following: (1) the number of requests for information or access to facilities that the agency received from immigration officials, if any, and how the agency responded to each request; and (2) the number of times the agency violated the terms of this subtitle, if any. (b) No later than April 1 of each year, the Mayor’s Office of Immigrant Affairs shall compile the reports received pursuant to subsection (a) of this section and submit a comprehensive report to the Mayor and City Council. (c) If this subtitle is preempted by any change in federal, State, or international law, the City Solicitor shall provide notice of the preemption to the Mayor and City Council. *History: * #### § 5-6 Training. Balt., Md., Code art. 4, § 5-6 (2026) (a) The Mayor’s Office of Immigrant Affairs shall develop and deliver to all employees of an agency a training course regarding: (1) how an employee shall respond in the event that an immigration official enters a facility operated by an agency; (2) the rights and responsibilities of an agency during an interaction with an immigration official; and (3) the provisions of this subtitle. (b) The Baltimore Police Department is excluded from the training requirements in subsection (a) of this section if it develops and delivers an equivalent training designed for police operations. *History: * ## Article 5 – Finance, Property, and Procurement ### Subtitle 1 – City Comptroller #### § 1-1 Oath of office. Balt., Md., Code art. 5, § 1-1 (2026) The Comptroller, before entering upon his duties, shall take the usual oath of office. *History: Ord. 1896-038* *History: Ord. 66-793* #### § 1-2 Clerk to the Board of Estimates. Balt., Md., Code art. 5, § 1-2 (2026) The Comptroller or the Comptroller’s designee shall perform the duties of Clerk to the Board of Estimates. *History: Ord. 1888-109* *History: Ord. 1899-161* *History: Ord. 05-031* *History: Ord. 46-466* *History: Ord. 21-061* ### Subtitle 2 – Director of Finance #### § 2-1 Surety bond. Balt., Md., Code art. 5, § 2-1 (2026) Before he enters upon the duties of his office, the Director of Finance shall execute a bond to the corporation, with such securities as the Mayor may approve, in the penal sum of $150,000, with the condition that he will faithfully discharge the duties and trust reposed in him. *History: Ord. 46-392* *History: Ord. 65-658* #### § 2-2 Deputy Director. Balt., Md., Code art. 5, § 2-2 (2026) In the event of the necessary absence of the Director of Finance from sickness or other cause, the Deputy Director shall have full power and authority to exercise and perform all the duties of the Director. *History: Ord. 46-392* *History: Ord. 65-658* ### Subtitle 3 – Deposit of City Funds #### § 3-1 Required deposit and accounting. Balt., Md., Code art. 5, § 3-1 (2026) (a) (1) The Director of Finance shall deposit all money belonging to the City in banks which shall be designated by the Board of Finance. (2) And it shall be the duty of the Board of Finance in making the selection to enter into an agreement with the banks so selected with regard to compensating the City either by service rendered by the banks to the City, or some rate of compensation in the form of interest on the balances belonging to the City, as in its judgment will be most beneficial to the City. (3) The Board of Finance, in consultation with the Minority and Women’s Business Opportunity Office, shall adopt regulations to require that the banks selected are in full compliance with the City’s Commercial Non-Discrimination Policy, as set forth in Subtitle 29 of this Article. (b) (1) It shall be the duty of the Director of Finance to keep regular and correct account of all moneys received and expended by him on behalf of the City. (2) And he shall submit an annual report as soon as practicable after June 30, showing all moneys received and expended by him during the preceding fiscal year. *History: Ord. 46-392* *History: Ord. 65-658* *History: Ord. 06-186* #### § 3-2 Agreements with custodians. Balt., Md., Code art. 5, § 3-2 (2026) The Director of Finance, the Board of Estimates, and the Board of Finance are hereby authorized and empowered to execute and approve, on behalf of the Mayor and City Council of Baltimore, from time to time, agreements pertaining to the safekeeping by such custodial institutions as may from time to time be selected by them of collateral posted by financial institutions to secure funds deposited therein by the Mayor and City Council of Baltimore and the Director of Finance and other departments, agencies, and officials of the municipality. *History: Ord. 43-031* *History: Ord. 48-131* *History: Ord. 63-002* *History: Ord. 65-658* #### § 3-3 Petty cash checking account. Balt., Md., Code art. 5, § 3-3 (2026) (a) Baltimore City departments and agencies which maintain imprest {advanced} funds, which are petty cash funds containing certain constant amounts of money, and are maintained by the department or agency with monies advanced by the City, are hereby authorized to set aside a certain percentage of that fund for the establishment of a checking account, providing such checking account is specifically authorized by the Director of Finance and the Board of Estimates. (b) All monies set aside for the checking account under the provisions of this section must be deposited in a depository or depositories designated by the Board of Finance from time to time. (c) Funds placed in said depositories as aforesaid may be withdrawn therefrom by check to pay expenses duly incurred by the City departments and agencies maintaining the imprest funds. (d) (1) Said checks shall bear the signature of: (i) the director of the City department or agency or his designee; and (ii) 1 other person designated by the director to sign as Disbursing Officer. (2) Such designation shall be made by the director and filed with the depositories on which such checks are drawn. (3) Any signature on any such checks may be manual or facsimile. (e) The director of any City department or agency maintaining an imprest {advanced} fund, his designee, and the Disbursing Officer designated by the director as aforesaid, before performing any act under the provisions of this section, shall give bond to the Mayor and City Council of Baltimore in such amount, in such form, and upon such conditions as may be determined appropriate by the Director of Finance. *History: Ord. 80-184* *History: Ord. 82-575* ### Subtitle 4 – Stocks and Certificates of Indebtedness #### § 4-1 Records required. Balt., Md., Code art. 5, § 4-1 (2026) (a) It shall be the duty of the Director of Finance: (1) to open and keep regular and correct books for the registry and transfer of City stock and certificates of indebtedness; and (2) under the direction of the Board of Finance, to prepare a list of the owners in time for the punctual payment of the interest. (b) For this purpose, the transfer books shall be closed the 15th of the month previous to the day on which the interest is made payable. *History: Ord. 46-406* #### § 4-2 Lost certificates — publication. Balt., Md., Code art. 5, § 4-2 (2026) In all cases of application for renewal of certificates of City stock or indebtedness of the City of Baltimore, where said certificates may have been lost or destroyed, the person making such application shall give at least 60 day’s notice by publication once a week, in 2 of the daily newspapers published in the City of Baltimore, describing such certificate or certificates, and at the same time, declaring his or her intention to make such application. *History: Ord. 46-406* #### § 4-3 Lost certificates — bond. Balt., Md., Code art. 5, § 4-3 (2026) The Director of Finance shall, before he issues such duplicate certificate or certificates, require the person making such application to enter into a bond, with security to be approved by him, in double the amount of such certificate or certificates. *History: Ord. 46-406* #### § 4-4 Faith and credit of City. Balt., Md., Code art. 5, § 4-4 (2026) The faith and credit of the Mayor and City Council of Baltimore and its corporate property are hereby pledged for the redemption of its stock and certificates of indebtedness and the payment of interest thereon, at such times as may be specified in the ordinances authorizing the same. *History: Ord. 46-406* #### § 4-5 Sinking fund investments. Balt., Md., Code art. 5, § 4-5 (2026) (a) The Board of Finance is authorized and empowered in its discretion to invest moneys belonging to the various sinking funds for the redemption of the public debt of the City in certificates of indebtedness of the City, of the State of Maryland, or of the United States. (b) The Board of Finance is also authorized and empowered in its discretion to invest any of said moneys in the purchase of redeemable annuities or ground rents reserved out of lands heretofore leased to the Mayor and City Council of Baltimore and payable by said City, the conveyances thereof to be made to the Mayor and City Council of Baltimore, in trust for the benefit and purpose of said sinking fund in accordance with the provisions of Article II, § (33) of the Baltimore City Charter. *History: Ord. 1881-081* *History: Ord. 46-406* #### § 4-6 Consolidation of certificates. Balt., Md., Code art. 5, § 4-6 (2026) The Board of Finance is hereby authorized and empowered in its discretion to consolidate the several certificates of City stock or certificates of indebtedness held by it with any and every sinking fund under its care. *History: Ord. 46-406* #### § 4-7 Duties of Board Clerk. Balt., Md., Code art. 5, § 4-7 (2026) (a) The Clerk to the Board of Finance is hereby authorized and directed to open accounts for all sinking funds wherein shall be entered full and detailed accounts of: (1) each sinking fund; (2) the amount thereof; (3) how invested; (4) the acts of the Board in relation thereto; and (5) all other facts necessary to a full succinct history of each fund. (b) The Clerk shall also, under the direction of the Board of Finance, keep the books, accounts, and records of the office and perform such other duties as may be required. *History: Ord. 46-406* ### Subtitle 5 – Investments #### § 5-1 Rules, regulations, or guidelines for investments. Balt., Md., Code art. 5, § 5-1 (2026) The Board of Finance of the City of Baltimore is hereby designated as the agency of the Mayor and City Council of Baltimore which is authorized to adopt rules, regulations or guidelines covering the exercise of the investment authority granted to the Treasurer of Baltimore City by Chapter 755 of the Laws of Maryland of 1974. *History: Ord. 74-749* #### § 5-2 Local government investment policy. Balt., Md., Code art. 5, § 5-2 (2026) (a) The Mayor and City Council of Baltimore shall be governed by a local government investment policy that is consistent with and complies with the local government investment guidelines adopted in under State Code Article 95, § 22F. (b) The Board of Finance shall adopt and implement the local government investment policy for Baltimore City. (c) Any amendments to the City’s local government investment policy: (1) shall be consistent with the local government investment guidelines; and (2) shall be submitted to the State Treasurer in accordance with State Code Article 95, § 22F. (d) Consistent with the requirements of this section, the Board of Finance shall amend the City’s local government investment policy to be consistent with Subtitle 29 {“Commercial Non-Discrimination Policy”} of this article and to ensure that no City funds are invested in or through business entities that are in violation of the City’s Commercial Non-Discrimination Policy. *History: Ord. 95-611* *History: Ord. 06-186* ### Subtitle 6 – Social Services Expenditures #### § 6-1 Payments to Social Services Director. Balt., Md., Code art. 5, § 6-1 (2026) Upon the receipt of the written request of the Director of Social Services or his duly authorized agent, for the funds for the assistance rolls and foster care program of the Department of Social Services, previously approved by the Director of Finance for payment, the Mayor and the Director of Finance, are hereby authorized and empowered to pay funds of the Mayor and City Council of Baltimore to the Director of Social Services for the assistance rolls and foster care program of the Department of Social Services. *History: Ord. 51-142* *History: Ord. 67-1101* *History: Ord. 76-018* #### § 6-2 Deposit of funds. Balt., Md., Code art. 5, § 6-2 (2026) All money received by the Director of Social Services from the Mayor and City Council of Baltimore under the provisions of this subtitle must be deposited in a depository or depositories designated by the Board of Finance from time to time. *History: Ord. 51-142* *History: Ord. 67-1101* *History: Ord. 76-018* #### § 6-3 Withdrawal of funds. Balt., Md., Code art. 5, § 6-3 (2026) (a) Funds placed in said depositories as aforesaid may be withdrawn therefrom by check for the assistance rolls and foster care program of the Department of Social Services. (b) (1) Said checks shall bear the signature of: (i) the Director of Social Services; and (ii) 1 person of the Department of Social Services designated by the Director thereof to sign as Disbursing Officer. (2) Such designation shall be made in writing by the Director of Social Services and filed with the depositories on which such checks are drawn. (3) Any signature on any such checks may be manual or facsimile. *History: Ord. 51-142* *History: Ord. 67-1101* *History: Ord. 76-018* #### § 6-4 Surety bond. Balt., Md., Code art. 5, § 6-4 (2026) The Director of Social Services and the Disbursing Officer designated by the Director of Social Services as aforesaid, before performing any act under the provisions of this subtitle, shall give bond to the Mayor and City Council of Baltimore in such amount, in such form, and upon such conditions as may be required for employees of the Department of Finance. *History: Ord. 51-142* *History: Ord. 67-1101* *History: Ord. 76-018* ### Subtitle 7 – Human Services Expenditures #### § 7-1 Payments to Executive Deputy Commissioner. Balt., Md., Code art. 5, § 7-1 (2026) Upon the receipt of a written request of the Executive Deputy Commissioner of the Human Services Division of the Department of Housing and Community Development or his duly authorized agent, for funds for such programs as approved for payment by the Board of Estimates on recommendation of the Director of Finance, the Mayor and the Director of Finance are hereby authorized and empowered to pay funds of the Mayor and City Council of Baltimore to the Executive Deputy Commissioner for such programs. *History: Ord. 80-131* #### § 7-2 Deposit of funds. Balt., Md., Code art. 5, § 7-2 (2026) All money received by the Executive Deputy Commissioner of the Human Services Division from the Mayor and City Council of Baltimore under the provisions of this subtitle shall be deposited in a depository or depositories designated by the Board of Finance from time to time. *History: Ord. 80-131* #### § 7-3 Withdrawal of funds. Balt., Md., Code art. 5, § 7-3 (2026) (a) Funds placed in these depositories may be withdrawn therefrom by check for such programs as approved by the Board of Estimates on recommendation of the Director of Finance. (b) (1) The checks shall bear the signature of: (i) the Executive Deputy Commissioner of the Human Services Division; and (ii) 1 other person of the Agency designated by the Executive Deputy Commissioner to sign as Disbursing Officer. (2) This designation shall be made in writing by the Executive Deputy Commissioner and filed with the depositories on which the checks are drawn. (3) Any signature on the checks may be manual or facsimile. *History: Ord. 80-131* #### § 7-4 Surety bond. Balt., Md., Code art. 5, § 7-4 (2026) The Executive Deputy Commissioner of the Urban Services Agency and the designated Disbursing Officer, before performing any act under the provisions of this subtitle, shall give bond to the Mayor and City Council of Baltimore in the amount and form and under the conditions as may be required for employees of the Department of Finance. *History: Ord. 80-131* ### Subtitle 8 – Special Funds #### § 8-1 Public School Construction and Renovation Special Fund. Balt., Md., Code art. 5, § 8-1 (2026) (a) There is a Public School Construction and Renovation Special Fund. (b) The Special Fund is a continuing, nonlapsing fund established under the authority of City Charter Article I, § 12 (“Special funds for education”). (c) The purpose of the Special Fund is to provide increased support to the Baltimore City Public School System for: (1) new school construction; and (2) the renovation and improvement of existing school buildings. (d) The Special Fund consists of: (1) money appropriated to it by the annual Ordinance of Estimates or by a Supplementary Appropriation; and (2) contributions, grants, or gifts received from any public or private source for the benefit of the Special Fund. (e) The Special Fund may be used only for the purposes specified in subsection (c) of this section. *History: Ord. 12-007* ### Subtitle 9 – Children and Youth Fund #### § 9-1 Definitions. Balt., Md., Code art. 5, § 9-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Board” means the Board of Directors of the fiscal agent. (c) “Fiscal agent” means the entity designated by § 9-4(a) of this subtitle to administer the Fund and this subtitle. (d) “Fiscal sponsor” means a nonprofit recognized as tax-exempt under Internal Revenue Code § 501(c)(3) that enters into an agreement with another organization to provide financial management and administrative support to that organization. (e) “Fund” means the Children and Youth Fund established by City Charter Article I, § 13 {“Children and Youth Fund”}. (f) “Grant” means money, regardless of source, that is controlled by the Fund and allocated from the Fund to a grantee for a specific purpose. (g) “Grantee” means a legal entity to which the Fund makes a grant. *History: Ord. 18-103* *History: Ord. 20-363* *History: * #### § 9-2 Uses of Fund. Balt., Md., Code art. 5, § 9-2 (2026) (a) The Fund may be used only for the purposes generally described in City Charter Article I, § 13(a). (b) Allowed uses for the Fund include: (1) direct grants to program and service providers; (2) administrative costs to operate the Fund; and (3) capacity-building efforts to strengthen the ability of providers to successfully and sustainably offer services to Baltimore’s youth. (c) The Fund may not be used to provide direct grants to an entity, unless that entity is a tax-exempt organization or is using a tax-exempt organization as a fiscal sponsor. *History: Ord. 18-103* *History: * #### § 9-3 Purpose. Balt., Md., Code art. 5, § 9-3 (2026) The fiscal agent shall be a community-centered grant-making institution that fosters and promotes: (1) racial equity; (2) inter-generational leadership; (3) community ownership; and (4) collective decision-making. *History: Ord. 20-363* #### § 9-4 Fiscal agent. Balt., Md., Code art. 5, § 9-4 (2026) (a) The fiscal agent for the Fund is the Baltimore Children and Youth Fund, Inc. (b) The fiscal agent shall: (1) identify specific programs and services to which the Fund may award a grant; and (2) make grant awards to the programs and services identified by the Fund; (3) use the standardized grant process and procedures to be followed by all grantees, as described in subsection (d) of this section; and (4) require regular fiscal and program reports from all grantees, as required under subsection (e) of this section. (c) (1) The Board shall abide by the provisions of Subtitle 7 {“Financial Disclosures”} of the City Ethics Article and all other applicable provisions therein. (2) (i) A member of the Board has a conflict of interest and shall abstain from a discussion and recuse themselves from a vote on any matter before the Board if: (A) the Board member is currently employed by the organization to which the discussion or vote pertains; (B) a family member of the Board member is currently employed by the organization to which the discussion or vote pertains; (C) the Board member is currently a member of the board of the organization to which the discussion or vote pertains; or (D) a family member of the Board member is currently a member of the board of the organization to which the discussion or vote pertains. (ii) A Board member who abstains from a discussion or recuses themselves from a vote under subparagraph (i) of this paragraph shall immediately disclose the conflict of interest to the other members of the Board. (iii) The conflict of interest and the member’s subsequent abstention or recusal shall be published in the Board’s meeting minutes. (d) (1) As it identifies specific programs and services to be funded by the Fund, the fiscal agent must select programs and services that: (i) are active in Baltimore City; (ii) are credible with and accountable to youth and the local communities they are proposing to serve; (iii) have an element of youth-centered programming; and (iv) can demonstrate how they are designed to improve outcomes for young people. (2) The fiscal agent may also use any additional factors listed in City Charter Article I, § 13(a) to identify specific programs and services to be funded by the Fund so long as the additional factors are made publicly available to applicants for funding at the time that applications are requested. (3) Beginning in Fiscal Year 2027 and continuing every 3 years thereafter, the fiscal agent shall: (i) conduct a community-wide needs assessment to assist the Board in determining grant-making areas; and (ii) within 30 days of completing the needs assessment, submit the assessment to the Board of Estimates and the City Council. (e) The fiscal agent shall use the following process to award grants to organizations: (1) the fiscal agent shall make all grant opportunities available to all eligible organizations; (2) the fiscal agent shall assess each individual grant opportunity to determine, based on the goals, scope, and complexity of each grant opportunity, which of the below types of panels will review applications: (i) a community panel, which shall review applications for grants that meet the following criteria: (A) the focus of the grant is neighborhood-based or community-centered; (B) the grant is broad, competitive, or open to new applicants; (C) the grant necessitates field-specific expertise; or (D) the term of the grant will be longer than 12 months; and (ii) a panel of fiscal agent staff, which shall review applications for grants that meet the following criteria: (A) the grant is time-sensitive and requires expedited review and recommendations; (B) the grant is specialized or strategic; or (C) limited in scope, including technical assistance awards or targeted initiatives; (3) the fiscal agent shall assemble, edit, and publish on its website a grants manual that provides guidance to prospective grantees regarding the policies and procedures used by the Fund to award a grant, including whether applications will be reviewed by a community review panel or a panel of fiscal agent staff, as described in paragraph (2) of this subsection; (4) for each individual grant opportunity, the fiscal agent shall create, maintain, and publish on its website a standard grant application for an organization to complete and submit to the fiscal agent that includes: (i) proof of the organization’s tax-exempt status or the tax-exempt status of the organization’s fiscal sponsor; (ii) a description of the organization, including: (A) how the organization aligns with the Fund’s purpose as stated in § 9-3 of this subtitle; (B) a summary of the organization’s experience with serving youth; and (C) an assessment of the organization’s credibility with and accountability to youth, community members and the community as a whole in the City; (iii) copies of the organization’s financial documentation, including: (A) a copy of the organization’s current budget; (B) the organization’s most recent annual financial statement; (C) the organization’s most recent United States Internal Revenue Service Form 990, if applicable; and (D) the organization’s State of Maryland certificate of status; (iv) if applicable: (A) a signed and executed agreement between the organization’s current or potential fiscal sponsor and the organization, in which the fiscal sponsor endorses the organization’s application and agrees to serve or continue to serve as the organization’s fiscal sponsor if the organization is awarded a grant by the Fund; (B) the fiscal sponsor’s most recent audited annual financial statement; (C) the fiscal sponsor’s most recent United States Internal Revenue Service Form 990; and (D) the fiscal sponsor’s State of Maryland certificate of status; (v) a description of the specific programs within the organization that will be funded by the grant, including each program’s: (A) purpose; (B) timeline; (C) proposed measurements of program outcomes; and (D) budget; and (vi) any additional relevant information required by the fiscal agent; (5) upon receipt of a completed grant application, the fiscal agent shall conduct a preliminary review of the application to: (i) verify that the organization is eligible for the grant; (ii) review the organization’s record of compliance with previously awarded grants, if applicable; and (iii) ensure that the organization meets all other requirements specific to the grant opportunity; (6) based upon the fiscal agent’s determination made under paragraph (2) of this subsection, the fiscal agent shall convene either: (i) a panel to complete a community review of the completed grant application: (A) of which the members shall possess the same qualifications as the members of the Board, as described in the by-laws, regarding: 1. current residency in the City of Baltimore; and 2. knowledge and skills in racial equity, youth development, or community engagement; (B) of which the members shall receive orientation and training regarding program goals, evaluation criteria, confidentiality requirements, and conflict-of-interest standards; and (C) of which the members may include youth development practitioners, community members, educators, youth leaders, and subject-matter experts; or (ii) a panel consistent of staff members of the fiscal agent; (7) the panel convened under this subsection shall complete review of the application, which shall include: (i) a group review of the application; (ii) scoring the application based on the following criteria: (A) the applicant is currently active in Baltimore City; (B) the applicant has credibility with and accountability to youth and the local communities the organization is planning to serve; (C) the applicant has an element of youth-centered programming; (D) the programming is designed to improve outcomes for youth; and (E) the program aligns with the needs identified in the 3-year assessment conducted under § 9-4(c)(3) of this subtitle; (8) based upon the grant application review conducted under paragraph (7) of this subsection, the panel shall report the name and score of each applicant, and make recommendations to the fiscal agent and the Board and, if the recommendations were made on behalf of a community review panel, fiscal agent staff may contribute additional information to the Board, as needed; (9) based upon the recommendations of the panel, the Board shall either deny or approve an organization’s grant application and, if approved, the fiscal agent shall enter into a grant agreement with the organization and finalize the disbursement of funds in accordance with the memorandum of understanding between the fiscal agent and the Mayor of Baltimore; and (10) following the denial or approval of an organization’s grant application, the fiscal agent shall report to the applicant the outcome of the application evaluation process and provide feedback specific to the application from the review process. (f) A grantee shall submit to the fiscal agent a quarterly fiscal report. (g) Beginning in Fiscal Year 2027 and continuing every 3 years thereafter, the fiscal agent shall participate in a performance audit conducted by the Office of the Baltimore City Comptroller. *History: Ord. 18-103* *History: Ord. 20-363* *History: * #### § 9-5 Board of directors. Balt., Md., Code art. 5, § 9-5 (2026) (a) The fiscal agent shall be governed by and administered by a Board of Directors. (b) (1) The number of voting members of the full Board may not be less than 13, excluding vacancies, and no more than 21. (2) The Board may increase or decrease its membership, within the limits specified in this subsection, in its bylaws. (3) The Board members shall be appointed and serve the terms prescribed by the Board’s bylaws. (c) (1) (i) Of the voting members of the Board: (A) 1 shall be the Mayor or the Mayor’s designee; (B) 1 shall be the City Council President or a member of the City Council designated by the City Council President; and (C) 1 shall be a member of the Baltimore City Youth Commission, as determined by an affirmative vote of at least a majority of a quorum of the Baltimore City Youth Commission. (ii) Of the non-voting members of the Board: (A) 1 shall be the City Solicitor or the City Solicitor’s designee; and (B) 1 shall be the Director of Finance or the Director’s designee. (2) (i) The Board shall reflect the economic, social, cultural, and geographic diversity of the City and shall reflect the racial demographics of the City, as reflected in the most recent, publicly-available United States Census data on Baltimore City youth ages 0-24 years old. (ii) (A) In this subparagraph, “youth” means an individual between the ages of 14 and 25, inclusive. (B) Except as provided in sub-subparagraphs (C) and (D), at least 1/3 of the Board shall consist of youth members. (C) No more than 1 time in a fiscal year, the Board of Estimates may waive the requirement in sub-subparagraph (B) if the Board of Estimates finds that: 1. the Fund’s Board has taken reasonable and diligent efforts to comply with that requirement; 2. those efforts have failed; and 3. the Board creates and submits to the Board of Estimates a plan to restore the youth membership to at least one-third of the total Board. (D) If the Board’s youth membership is less than 2 youth members, the Board shall immediately notify the Board of Estimates and shall present the Board of Estimates with a plan for restoring youth Board membership to a minimum of 2 youth Board members and shall carry out that plan within 90 days of presenting the plan. (d) (1) The Board must adopt bylaws for the administration of the fiscal agent. However, those bylaws may not be inconsistent with the terms of this subtitle or of City Charter Article I, § 13 {“Children and Youth Fund”}. (2) The initial bylaws required by this subsection must be approved by the Board of Estimates before taking effect. (3) Subsequent amendments to the initial bylaws must be filed with the Board of Estimates before taking effect. (e) No funds may be disbursed from the Fund without the prior approval of the Board of Directors. (f) The Board may employ staff to carry out the fiscal agent’s day-to-day operations. *History: Ord. 20-363* *History: Ord. 22-124* *History: * #### § 9-6 Annual financial plan. Balt., Md., Code art. 5, § 9-6 (2026) (a) Subject to the requirements of this section, prior to September 1 of each year, the Board shall adopt an annual financial plan, based on the City’s fiscal year, that includes: (1) a budget; (2) an amount to be disbursed from the Fund to grantees during the coming fiscal year; (3) the balance of the Fund held in accounts controlled and operated by the fiscal agent as of the most recent quarter; (4) the amount of money the Fund received from the property tax assessment in the last fiscal year; (5) the results of the most recent financial audit conducted by an independent third party; (6) the end of fiscal year statement of financial position and an analysis of the end of year budget, as compared with the report, including the amount of money spent on facilitation and execution of community participatory processes for grant making; and (7) an updated plan and progress report on the disbursement of the multi-year balance of the Fund. (b) (1) (i) For the purposes of this paragraph, “public engagement” may include: (A) staffing needs for community outreach; (B) space, supplies, and personnel for community information sessions; or (C) materials for education, marketing, and promotion of fund-related efforts; or (D) facilitation and execution of community participatory processes for grant making. (ii) In its financial plan, the Board may allocate from the Fund’s balance: (A) up to 5% for public engagement specifying how much of this allocation is budgeted to be used for facilitation and execution of community participation in the grant making process; (B) up to 15% for staff and other costs to administer the Fund; and (C) up to 20% for technical assistance to grantees regarding administering grant funds and complying with grant requirements. (2) (i) The Board shall allocate the remainder of the Fund’s balance among the programs and services identified under § 9-4(d) of this subtitle, with an emphasis on programs or services operating in, or meant to assist young people from, the communities in Baltimore City most impacted by high poverty. (ii) The remainder of the Fund’s balance shall be allocated according to the processes established in § 9-4 of this subtitle and in accordance with paragraph (3) of this subsection. (3) (i) The size of a grant may not exceed 25% of the total amount of money disbursed by the Fund as grants in any fiscal year. (ii) The Board may not award a grant to any organization that has not followed the policies and procedures established under § 9-4(d) of this subtitle. (c) Before adopting any financial plan required by this section, the Board shall arrange for a public hearing on the proposed plan. Notice of the hearing must be published on the fiscal agent’s website for at least 3 consecutive weeks. (d) Within 10 days of adopting a financial plan, the Board shall file the plan with the Board of Estimates. *History: Ord. 20-363* *History: * #### § 9-7 Balt., Md., Code art. 5, § 9-7 (2026) Reserved #### § 9-8 Annual review; Dissolution of board. Balt., Md., Code art. 5, § 9-8 (2026) (a) (1) No later than March 31 of each year, a relevant committee of the City Council shall hold 1 or more public hearings to evaluate the operations of the fiscal agent and its disbursements. (2) By the date of the public hearing required by paragraph (1) of this subsection, the fiscal agent shall submit to the City Council the completed independent third party financial audit of the Fund from the previous fiscal year. (b) (1) If after conducting a public hearing and hearing testimonial evidence, the City Council finds evidence of misappropriation of funds, malfeasance, or violation of law in connection with the administration of the Fund, the City Council may, by a three-fifths vote of its members, refer a petition to the Board of Estimates to dissolve the fiscal agent’s Board. (2) On receipt of a petition described in paragraph (1) of this subsection, the Board of Estimates shall consider and vote on that petition as soon as practicable. *History: Ord. 20-363* *History: * #### § 9-9 Rules and regulations. Balt., Md., Code art. 5, § 9-9 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance must adopt rules and regulations to carry out this subtitle including: (i) a schedule for disbursing the Fund each year; and (ii) procedures for transferring money from the Fund to either the fiscal agent or directly to service and program providers designated by the fiscal agent. *History: Ord. 18-103* *History: Ord. 20-363* *History: Text Conformed 02/14/21* *History: * #### § 9-10 Annual reports. Balt., Md., Code art. 5, § 9-10 (2026) (a) No later than September 1 of each year, the Board shall prepare and submit a report to the Mayor and City Council that shall include: (1) a detailed description of the activities and impact of the Fund; (2) the composition and demographics of the Board, including the number of youth members on the Board and the geographic diversity of the members; (3) information about the Fund’s grantees, including: (i) the grantee’s name and address; (ii) the programmatic intent of the grantee; (iii) the geographic area served by the grantee; (iv) the size of the grant received by the grantee; (v) the number of years of funding received by the grantee; (vi) the grantee’s record of compliance with the Funds reporting requirements and the terms and conditions of any grants received; and (vii) a summary of the outcomes that the grantee achieved using money from the Fund; and (4) the results of the most recently completed audit of the Fund. (b) The Director of Finance shall annually provide a report to the Mayor and City Council that includes: (1) the date and amount disbursed through grants in the past fiscal year, in accordance with the regulations promulgated pursuant to § 9-9 of this subtitle; and (2) the Fund’s balance prior to and following the dates of any transfer of money from the Fund to the fiscal agent. *History: Ord. 20-363* *History: * ### Subtitle 10 – Property Insurance #### § 10-1 Insurance claims. Balt., Md., Code art. 5, § 10-1 (2026) (a) The Comptroller shall represent the City in the negotiation of all claims against any insurance company from which insurance has been purchased covering loss or damage to City-owned property, and he is authorized to approve all settlements with the insurance company. (b) If the Comptroller and the insurance company, during the course of their negotiations are unable to agree upon an equitable settlement, the Comptroller shall request the City Solicitor to press the City’s claim and assure that the City’s interest is protected. (c) (1) All money that may be awarded to the City by reason of loss from damage or destruction covered by City-purchased insurance shall be paid to the Mayor and City Council of Baltimore, and the appropriate agency shall be credited with these funds. (2) Repairs or replacement of the property suffering damage shall be made, subject to the approval of the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, by either City employees or under contract. *History: Ord. 66-793* *History: Ord. 76-018* *History: Ord. 15-435* #### § 10-2 Purchase of insurance. Balt., Md., Code art. 5, § 10-2 (2026) (a) The Comptroller shall purchase insurance, subject to the approval of the Board of Estimates, to protect adequately the Mayor and City Council of Baltimore against any risk or risks of an insurable nature which may reasonably be expected to result in financial loss in excess of $200,000 in any 1 occurrence or in excess of an aggregate of $2,000,000 in any 1 fiscal year. (b) The Comptroller may purchase insurance to protect against lesser amounts of potential loss if in his opinion the protection or the services obtained through the purchase of the insurance justify its cost. *History: Ord. 46-336* *History: Ord. 66-793* #### § 10-3 City Property Insurance Fund — uses; appropriations. Balt., Md., Code art. 5, § 10-3 (2026) (a) (1) The “City Property Insurance Fund” created by Ordinance 408 (1913-14) shall be used to defray the cost of repair or replacement of any real or personal property owned by or in the custody of the Mayor and City Council of Baltimore. (2) The Comptroller may determine the property and perils to be covered by this Fund and promulgate rules and regulations governing payments from this Fund. Such rules and regulations shall be in accord with the provisions of § 10-5 of this subtitle, but may amplify and extend the basic principles as set forth in that section. (b) (1) There shall be appropriated annually to this Fund a sum equal to estimated losses payable from the Fund during the next fiscal year, but not less than the average aggregate annual losses paid from this Fund during the latest 5-year period, and in any event not less than $100,000, this sum to be provided for annually in the annual Ordinance of Estimates for each year. (2) The appropriation shall continue until the accumulations and earnings therefrom, less expenditures or disbursements therefrom as may be made as hereinafter provided, amount to $2,700,000, at which time the appropriations and further addition of earnings of the Fund shall cease; and appropriations and the further addition of earnings shall begin again and continue to be made as herein provided if the Fund becomes depleted below this amount. (3) Whenever the amount in the Fund exceeds this $2,700,000 maximum, the excess shall be promptly transferred to the General Funds of the City. (4) The appropriations as made shall be paid by the Comptroller to the Board of Finance, to be held and invested by the Board of Finance as hereinafter directed. *History: Ord. 14-408* *History: Ord. 66-793* *History: Ord. 83-1037* #### § 10-4 City Property Insurance Fund — investments. Balt., Md., Code art. 5, § 10-4 (2026) The Board of Finance is hereby authorized and directed to: (1) receive the money directed to be paid to it by the Comptroller, to hold and invest the same as other moneys in its charge and keeping are held and invested; (2) retain the same as a permanent fund subject to be used only for the repair, rebuilding, or replacement of property owned by or in the custody of the City which may be lost, damaged, or destroyed by a peril intended to be covered by such fund in accordance with rules and regulations promulgated by the Comptroller; (3) keep a separate account of said fund, together with the earnings thereof as the “City Property Insurance Fund” of the Mayor and City Council of Baltimore; and (4) submit annually on July 1 of each and every year to the Comptroller, a statement, in writing, showing the state and amount of said fund. *History: Ord. 14-408* *History: Ord. 66-793* #### § 10-5 Restoration of damaged property. Balt., Md., Code art. 5, § 10-5 (2026) (a) In the event of the loss, damage, or destruction of property owned by or in the custody of the Mayor and City Council of Baltimore, the department, sub-department, municipal official, special commission, or board subjected to loss shall promptly notify the Comptroller and the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, to obtain an estimate of the cost of repair, rebuilding, or replacement from the latter. (b) (1) If the loss is estimated to be not more than $200,000, the agency, subject to the approval of the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, either shall arrange for repairs by its own maintenance force or shall proceed in the usual manner to effect the awarding of a contract for the work. (2) Upon completion and the consequent knowledge of the actual cost of the restoration, the agency shall apply to the Comptroller for reimbursement from the Self-Insurance Fund. Upon approval by the Comptroller, a request for the transfer of the actual cost of the work performed from the Self-Insurance Fund to the appropriate account of the affected agency shall be made to the Director of Finance. (3) The first $1,000 of each loss shall be borne by the agency suffering the loss, and the agency shall be reimbursed for the total amount of loss in excess of this sum. (c) If at the time of the estimate of the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, it is reasonably expected that the loss may be in excess of $200,000, a copy of the estimate shall be transmitted immediately to the Comptroller to enable him or her to negotiate with the insurance carrier. *History: Ord. 14-408* *History: Ord. 66-793* *History: Ord. 76-018* *History: Ord. 15-435* ### Subtitle 11 – Fair Election Fund #### Part 1 – Definitions; Findings ##### § 11-1 Definitions. Balt., Md., Code art. 5, § 11-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Applicant candidate” means a candidate who is seeking to be a certified candidate in a primary or general election. (c) “Campaign finance entity” means a political committee established under Title 13 of the State Election Article {“Campaign Finance”}. (d) “Certified candidate” means a candidate who is certified as eligible for public campaign financing from the Fund. (e) “Commission” means the Baltimore City Fair Election Fund Commission. (f) “Contested election” means any election in which there are more candidates for an office than the number who can be elected to that office. (g) “Contribution” has the meaning stated in State Election Law Article, § 1-101 {“Definitions: Contribution”}. (h) “City Board” means the Baltimore City Board of Elections. (i) “City resident” means a natural person who resides in Baltimore City. (j) “Director” means the Director of Finance or the Director’s designee. (k) “Election cycle” has the meaning stated in State Election Law Article, § 1-101 {“Definitions: Election cycle”}. (l) “Eligible contribution” means an aggregate donation in a 4-year election cycle from an individual, including an individual who does not reside in the City, that does not exceed the contribution level established in this subtitle. (m) “Fund” means the Baltimore City Fair Election Fund. (n) “Participating candidate” means a certified candidate who has received a public contribution from the Fund during the current election cycle. (o) “Public contribution” means any money disbursed from the Fund to a certified candidate. (p) “Publicly funded campaign account” means a campaign finance account established by a candidate for the exclusive purpose of receiving eligible contributions and spending funds in accordance with this subtitle. (q) “Qualifying boost” means a one-time disbursement from the Fund to candidates for Mayor or Council President on certification under this subtitle. (r) (1) “Qualifying contribution” means an eligible contribution in support of an applicant candidate that is: (i) made by a City resident; (ii) made after the beginning of the designated qualifying period, but no later than the respective election; and (iii) acknowledged by receipt that identifies the contributor’s name and residential address and signed by the contributor directly or by a digital signature using a method approved by the State Board. (2) “Qualifying contribution” does not include an in-kind contribution of property, goods, or services. (s) “Qualifying period” means the time beginning on January 1 following the last election for the office the candidate seeks and ending 45 days before the date of the primary election. (t) “Slate” has the meaning stated in State Election Law Article, § 1-101 {“Definitions: Slate”}. (u) “State Board” means the Maryland State Board of Elections. *History: Ord. 20-338* ##### § 11-2 Balt., Md., Code art. 5, § 11-2 (2026) Reserved ##### § 11-3 Findings. Balt., Md., Code art. 5, § 11-3 (2026) (a) The Mayor and City Council find as follows. (b) Local government should be responsive and serve the needs of all Baltimore City residents equally without regard to their wealth. Public officials should discharge their duties in an impartial manner, free from bias created by their own financial interests or, in the case of elected officials, the financial interests of those that may have supported them during their electoral campaigns. (c) Costs of conducting electoral campaigns have increased significantly in recent years. Many candidates are forced to finance their campaigns by seeking large contributions from individuals and entities who thereby gain disproportionate influence over governmental decision once the candidate holds office. Qualified candidates without access to personal wealth or wealthy donor networks are often dissuaded from seeking public office. Those that do run find it difficult to win with their voices drowned out in the media and on the ground. (d) Perception of the inappropriate and disproportionate influence on government by those monied donors who dominate campaign financing has led to disillusionment among city residents who have felt that their voices are not heard. This disillusionment has resulted in disengagement from the political process and government. (e) It is the policy of Baltimore City to: (1) diminish the public perception of corruption and build public faith and confidence in governmental and electoral processes; (2) help reduce the influence of large individual and corporate campaign contributions on city government and eliminate the potential for public corruption; (3) reduce the impact of wealth as a determinant for whether an individual seeks to pursue public office; (4) enable City residents of all races and income to run for office based on the strength of their ideas, supported by small donations from the public and matching funds from the Fund; (5) provide participating candidates with sufficient resources in order to communicate with voters; (6) foster greater investment and more meaningful public participation in the political process among all Baltimoreans, regardless of race, gender, socio-economic status, or geography; (7) prioritize accountability among elected officials to the constituents who elect them rather than those who fund their campaigns; (8) strengthen public control over the direction of local government; and (9) strengthen democracy in the city of Baltimore. *History: Ord. 20-338* ##### § 11-4 Balt., Md., Code art. 5, § 11-4 (2026) Reserved #### Part 2 – Fund; Commission ##### § 11-5 Fair Election Fund established. Balt., Md., Code art. 5, § 11-5 (2026) (a) There is a Baltimore City Fair Election Fund. (b) The Fund is a continuing, nonlapsing fund established under the authority of City Charter Article I, § 15 {“Special fund for fair elections”}. (c) As set forth in City Charter Article I, § 15(a)(2), the purposes of the Fund include: (1) providing direct funding to candidates for public office who meet certain qualifications; (2) providing technical assistance and training to individuals seeking to make use of public campaign funding; (3) publicizing the availability of public campaign funding; and (4) administering a public campaign funding program. (d) The Fund consists of: (1) money appropriated to the Fund in the annual Ordinances of Estimates; (2) grants or donations made to the Fund; (3) any unspent money remaining in a certified candidate’s publicly funded campaign account after the candidate is no longer a candidate for office; (4) any public contribution plus interest returned to the Fund by a participating candidate who withdraws from participation; (5) interest earned on money in the Fund; and (6) proceeds from fees and fines collected under this subtitle. (e) The Fund may only be used for the purposes specified in subsection (c) of this section. *History: Ord. 20-338* ##### § 11-6 Balt., Md., Code art. 5, § 11-6 (2026) Reserved ##### § 11-7 Fair Election Fund Commission. Balt., Md., Code art. 5, § 11-7 (2026) (a) There is a Baltimore City Fair Election Fund Commission as specified in City Charter Article I, § 15(b). (b) The Department of Finance must provide staff support for the Commission to: (1) work with the State Board to administer the Fund and to provide oversight of applicant and participating candidates; and (2) provide information about the Fund to candidates and the public. *History: Ord. 20-338* ##### § 11-8 Fund administration; Commission duties. Balt., Md., Code art. 5, § 11-8 (2026) (a) (1) The Director, in consultation with the Commission, must administer the Fund and ensure that the funds are dispersed in an equitable basis. (2) The Director may not disperse any funds from the Fund without prior Commission consultation. (b) On or before January 1 of each year, the Commission must issue a report to the Mayor and City Council containing: (1) an estimate of the funds necessary to implement the public campaign finance system for the following fiscal year; (2) a recommendation for an appropriation to the Fund for the following fiscal year; and (3) if necessary, any recommendations for dedicated sources of funding. (c) The Commission must meet: (1) at least once every 90 days during the 12 months preceding a primary election; and (2) at least twice a year otherwise. *History: Ord. 20-338* ##### § 11-9 Rules and regulations. Balt., Md., Code art. 5, § 11-9 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director, in consultation with the Commission, must adopt rules and regulations to carry out the provisions of this subtitle, including specifying: (1) how and when receipts for qualifying contributions from contributors must be submitted to the State Board; (2) the documents that must be filed with the State Board for certification; (3) when disbursements from the Fund are made to a participating candidate and the amounts disbursed; (4) procedures for handling impermissible uses of public contributions; and (5) other policies necessary to implement this subtitle. *History: Ord. 20-338* *History: Text Conformed 02/14/21* ##### § 11-10 Balt., Md., Code art. 5, § 11-10 (2026) Reserved #### Part 3 – Community Engagement; Post-Election Reviews ##### § 11-11 Community education and engagement. Balt., Md., Code art. 5, § 11-11 (2026) (a) At least 18 months prior to a general election, the Commission must conduct civic education and community engagement efforts aimed at ensuring that candidates and voters are informed on the Fund and how they may participate. (b) In conducting the civic education and community engagement efforts required under this section, the Commission must: (1) create and distribute education materials in English and in Spanish that raise awareness about the Fund among voters and potential candidates; (2) provide training to candidates and campaigns regarding the Fund and any applicable campaign finance laws and regulations; and (3) work with community-based organizations to ensure education materials are relevant and assessable to members of communities that historically have been marginalized from elections and civic processes, including making any necessary translations for Baltimore voters. *History: Ord. 20-338* ##### § 11-12 Commission review. Balt., Md., Code art. 5, § 11-12 (2026) (a) After each general election for city office, the Commission must conduct a comprehensive review of the financing program under this subtitle, including: (1) the maximum and minimum dollar amounts of qualified small dollar contributions; (2) the number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a participating candidate; (3) the maximum amount of disbursements a candidate may receive under this subtitle; (4) the overall satisfaction of participating candidates and the public with the program; (5) the analysis, recommendation and creation of a plan to the Mayor and City Council to reduce racial, ethnic, socio-economic and geographic disparities regarding access to public matching funds by participating candidates; and (6) other matters relating to financing of campaigns as the Commission determines are appropriate. (b) In conducting the review under this section, the Commission must consider the following: (1) whether the number and dollar amounts of qualified small dollar contributions required strikes an appropriate balance regarding: (i) the importance of voter involvement; and (ii) the need to assure adequate incentives for participation and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate; (2) whether the totality of the amount of funds allowed to be raised by participating candidates, including through qualified small dollar contributions, and disbursements under this subtitle are sufficient for voters in the City to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate; and (3) any other matter relating to public campaign financing that the Commission determines are necessary and appropriate for a thorough review. (c) Based on the review conducted under this section, the Commission may recommend to the Mayor and City Council: (1) adjustments to the number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a participating candidate; (2) adjustments to the maximum amount of disbursements that may be received under this subtitle; or (3) any other legislative change necessary to increase candidate participation, voter participation, or both. (d) The Commission must engage community members and community-based organizations in the review under this section to determine whether the Fund is achieving its stated purposes of fostering greater participation in the political process. *History: Ord. 20-338* ##### § 11-13 Balt., Md., Code art. 5, § 11-13 (2026) Reserved #### Part 4 – Candidate and Fund Procedures ##### § 11-14 Collecting qualifying contributions. Balt., Md., Code art. 5, § 11-14 (2026) (a) Before raising any contributions under this subtitle, an applicant candidate must: (1) file a notice of intent with the State Board in the manner that the State Board requires; and (2) establish a publicly funded campaign account. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, an applicant candidate may not accept: (i) an eligible contribution of more than $150 in the aggregate during an election; or (ii) a loan. (2) An applicant candidate may loan or contribute up to $6,000 during an election cycle from: (i) the applicant candidate; or (ii) the applicant candidate’s spouse. (c) (1) the contribution limit set forth in subsection (b)(1) of this section must be adjusted for the next election cycle on July 1, 2028, and July 1 of each subsequent fourth year by the percentage increase in the Baltimore-Columbia-Towson Consumer Price Index, as reported by the United States Department of Labor, rounded up by the nearest multiple of $10. (2) The Director must publish this adjusted amount no later than the January 1 after the adjustment is made. *History: Ord. 20-338* ##### § 11-15 Requirements for certification. Balt., Md., Code art. 5, § 11-15 (2026) (a) (1) A candidate must apply to the State Board for certification during the qualifying period in the form that the State Board requires. (2) An applicant candidate must include with the application any documentation required by the State or, in the absence of State requirements, the following: (i) a declaration from the applicant candidate to follow the requirements governing the use of a public contribution; (ii) a campaign finance report that contains the information that the State Board requires for a campaign finance report and that includes: (A) a list of each qualifying contribution received; (B) a list of each expenditure made by the candidate during the qualifying period; (C) a copy of the receipt associated with each contribution that identifies the contributor’s name and residential address; and (D) a copy of the receipt associated with each expenditure; and (iii) a certificate of candidacy for Mayor, Council President, Comptroller, or City Councilmember. (b) To qualify as a certified candidate: (1) a candidate for Mayor must collect at least: (i) 500 qualifying contributions; and (ii) an aggregate total of $40,000; (2) a candidate for Council President must collect at least: (i) 250 qualifying contributions; and (ii) an aggregate total of $15,000; (3) a candidate for Comptroller must collect at least: (i) 250 qualifying contributions; and (ii) an aggregate total of $15,000; and (4) a candidate for City Councilmember must collect at least: (i) 150 qualifying contributions; and (ii) an aggregate total of $5,000. (c) (1) An applicant candidate must deposit all contributions into the candidate’s publicly funded campaign account. (2) An applicant candidate must deliver to the State Board a copy of a receipt for each qualifying contribution that identifies the contributor’s name and residential address that is signed by the contributor directly or by a digital signature using a method approved by the State Board. (d) An applicant candidate is ineligible for certification if the State Board, in consultation with the Commission, has determined that the applicant candidate has: (1) failed to submit a campaign finance report in the 4 years preceding the election cycle; (2) coordinated with a political action committee; or (3) violated any rule or regulation adopted under this subtitle. *History: Ord. 20-338* ##### § 11-16 Certification determination. Balt., Md., Code art. 5, § 11-16 (2026) (a) (1) Within 10 days of receiving a complete application for certification, the State Board must make a determination, in consultation with the Commission, whether to certify an applicant candidate. (2) The State Board must notify the Director and the Commission of the State Board’s determination. (b) Except as provided in subsection (d) of this section, the decision by the Commission whether to certify a candidate is final. (c) (1) Subject to paragraph (2) of this subsection, on notice of the State Board’s certification of an applicant candidate, the Director must disperse the appropriate public contribution under § 11-17 {“Distribution of public contribution”} of this subtitle. (2) The Director may not disburse any public funds to a candidate without first consulting with the Commission. (d) If an application is denied, the applicant candidate may resubmit a new or modified application one time within the earlier of: (1) 10 business days after receiving notice that the application was denied; or (2) the end of the qualifying period. ##### § 11-17 Distribution of public contribution. Balt., Md., Code art. 5, § 11-17 (2026) (a) Only after consulting with the Commission, the Director must distribute a public contribution from the Fund to each certified candidate in a contested election only during the distribution period as follows: (1) for a certified candidate for either Mayor, Council President, or Comptroller, the matching dollars must equal: (i) $9 for each dollar of a qualifying contribution received for the first $25 of each qualifying contribution; (ii) $5 for each dollar of a qualifying contribution received for the next $50 of each qualifying contribution; and (iii) $2 for each dollar of a qualifying contribution received for the final $75 of each qualifying contribution. (2) for a certified candidate for City Councilmember, the matching dollars must equal: (i) $9 for each dollar of a qualifying contribution received for the first $25 of each qualifying contribution; (ii) $5 for each dollar of a qualifying contribution received for the next $50 of each qualifying contribution; and (iii) $0 for each dollar of a qualifying contribution received for the final $75 of each qualifying contribution. (b) (1) In addition to any public contributions made under subsection (a)(1) of this section, within 5 days of certification, the Director must disburse from the Fund a qualifying boost of: (i) $200,000 for a candidate for Mayor; and (ii) $50,000 for a candidate for Council President or a candidate for Comptroller. (2) A candidate may not receive more than 1 qualifying boost during an election cycle. (c) (1) Except as provided in paragraph (2) of this subsection, the total public contribution payable to a certified candidate for either a primary or a general election may not exceed: (i) $1,500,000 for a candidate for Mayor; (ii) $375,000 for a candidate for Council President; (iii) $200,000 for a candidate for Comptroller; and (iv) $125,000 for a candidate for City Councilmember. (2) The limits specified in this subsection do not include the qualifying boost received by a candidate for Mayor or Council President. (d) The Director may not distribute a public contribution based on: (1) a contribution or loan from the candidate or the candidate’s spouse; or (2) an in-kind contribution of property, goods, or services. (e) (1) On or before July 1 of each year preceding a primary election, the Director must determine if the amount in the Fund is sufficient to meet the maximum public contributions and qualifying boosts reasonably expected to be required during the next election cycle. (2) If the Director determines that the total amount available for distribution in the Fund is insufficient to meet the allocations required by this section, the Director must reduce each public contribution and qualifying boost to a certified candidate by the same percentage of the total public contribution. (f) Within 3 business days of the primary election, the Director must continue to disburse the appropriate public contribution for the general election to each participating candidate. (g) (1) Within 30 days of the certification by the City Board of the results of the primary election, a participating candidate who is not certified to be on the ballot for the general election must return to the Fund any unspent money in the candidate’s publicly funded campaign account. (2) On or before December 31 after the general election, a participating candidate must return to the Fund any unspent money in the candidate’s publicly funded campaign account. (h) (1) In this subsection, “principal political party” has the meaning stated in State Election Law Article, § 1-101 {“Definitions: Principal political parties”}. (2) A certified candidate nominated by petition or by a party that is not a principal political party may receive a public contribution for the general election if the candidate’s nomination is certified by the City Board. (3) A certified candidate under this subsection must qualify as a certified candidate at least 45 days before the date of the general election. *History: Ord. 20-338* ##### § 11-18 Use of public contribution. Balt., Md., Code art. 5, § 11-18 (2026) (a) A participating candidate may only make expenditures from the publicly funded campaign account registered with the State Board for expenses incurred directly for the election after the candidate is certified. (b) A participating candidate may not use any portion of a public contribution to pay for expenses or loans incurred prior to being certified. (c) A participating candidate may not pay in advance for goods and services to be used after certification with non-qualifying contributions received before applying for certification. (d) (1) Except as provided in paragraph (2) of this subsection, the Director must reduce the public contribution to a participating candidate’s publicly funded campaign account by the total amount of all expenditures made after the end of the previous election cycle from the candidate’s non-participating campaign account. (2) Expenditures made with contributions received prior to the end of the previous election cycle towards debts accrued before the end of the previous election cycle may not reduce the public contribution to a participating candidate’s publicly funded campaign account. (e) (1) A participating candidate may not use a public contribution for: (i) personal expenses; (ii) expenses related to holding public office; (iii) paying for a personal endorsement; or (iv) paying for late filing fees. (2) A participating candidate may not use a public contribution to : (i) contribute to current or future candidates for elective offices other than the one being sought by the participating candidate; or (ii) contribute to any entity or organization, such as a political party. (3) The Director, in consultation with the Commission, shall determine whether an expense is a permissible use of a public contribution, and the Director’s determination is final. (f) A complaint alleging a prohibited receipt or use of funds by a participating candidate must be filed with the State Board. (g) (1) On request by the Commission, a participating candidate must provide the Commission with reasonable access to the financial records of the candidate’s publicly funded campaign account. (2) A participating candidate must keep all records for a period of 4 years after the election to which the documents relate. (3) The records must be retained by the campaign treasurer unless the State Board has been notified otherwise. *History: Ord. 20-338* ##### § 11-19 Withdrawal. Balt., Md., Code art. 5, § 11-19 (2026) (a) A certified candidate may withdraw an application for a public contribution any time before the public contribution is received by the candidate’s publicly funded campaign account. (b) A participating candidate may withdraw from participating if the candidate: (1) files a statement of withdrawal with the State Board and the Commission on a form that the State Board requires; and (2) repays to the Fund the full amount of any public contribution received, plus interest accruing from the date of withdrawal at the same rate as the current bank prime loan rate reported by the Board of Governors of the Federal Reserve System. (c) If the funds remaining in the participating candidate’s publicly funded campaign account at the time of withdrawal are insufficient to repay the Fund under subsection (b) of this section, the candidate is personally liable for repayment. (d) (1) The Director, in consultation with the Commission, may reduce any repayment under subsection (b) of this section for a participating candidate who must withdraw for health reasons or other cause not within the candidate’s control. (2) In considering a repayment reduction under this subsection, the Director, in consultation with the Commission, may consider the participating candidate’s personal financial hardship. *History: Ord. 20-338* ##### § 11-20 Balt., Md., Code art. 5, § 11-20 (2026) Reserved #### Part 5 – Restrictions; Enforcement ##### § 11-21 Restrictions on applicant and participating candidates. Balt., Md., Code art. 5, § 11-21 (2026) (a) Except as provided in subsection (b) of this section, an applicant candidate or a participating candidate may not: (1) accept a private contribution from any group or organization, including a political action committee, a corporation, a labor organization, or a state or local central committee of a political party; (2) accept private contributions from an individual in an aggregate greater than $150 during an election, or the maximum amount of an eligible contribution, as adjusted by §11-14(c) of this subtitle; (3) after filing a notice of intent with the State Board to seek public financing, pay for any campaign expense with any campaign finance account other than the candidates’ publicly funded campaign account; (4) be a member of a slate in any election in which the candidate receives a public contribution; or (5) transfer money: (i) to the candidate’s publicly funded campaign account from any other campaign finance entity established for the candidate; or (ii) from the candidate’s publicly funded campaign account to any other campaign finance entity. (b) Pursuant to COMAR 33.13.14, a candidate who accepts a public contribution may affiliate with any other candidates, including non-publicly financed candidates, on campaign material if: (1) the authorized candidate campaign committee makes a direct disbursement to the payee for its share of the costs of the campaign material; and (2) the campaign material displays the authority line of the authorized candidate campaign committee. *History: Ord. 20-338* ##### § 11-22 Balt., Md., Code art. 5, § 11-22 (2026) Reserved ##### § 11-23 Enforcement by citation. Balt., Md., Code art. 5, § 11-23 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day a violation continues is a separate offense. *History: Ord. 20-338* ### Subtitle 12 – Comprehensive Insurance and Risk Management Program #### § 12-1 Legislative findings; losses to be covered. Balt., Md., Code art. 5, § 12-1 (2026) (a) The Mayor and City Council of Baltimore has conducted a management audit of the City’s insurance program and an actuarial review of its casualty and liability losses and has determined that there is a need for a self-insurance fund for liability, casualty, property, and other designated losses, administered as an insurance and risk management program. (b) Casualty and property losses include, but are not limited to, uninsured losses to City buildings and contents, City vehicles, City water craft, City boilers and machinery; workers’ compensation and employers liability; and third-party general liability and automobile liability losses. *History: Ord. 86-750* #### § 12-2 Creation of Fund; funding. Balt., Md., Code art. 5, § 12-2 (2026) (a) There is created a Self-Insurance Fund. (b) (1) The initial funding shall be such amounts as may be provided: (i) by the Fiscal Year 1987 Ordinance of Estimates; (ii) such supplementary appropriation ordinance(s) that may be enacted for this purpose; and (iii) from transfer of existing insurance reserves. (2) In succeeding years the Fund shall be replenished or augmented as may be required. (3) The Fund shall not exceed $27,000,000. *History: Ord. 86-750* #### § 12-3 Committee on Insurance and Risk Management. Balt., Md., Code art. 5, § 12-3 (2026) (a) (1) There is established a Committee on Insurance and Risk Management, to be constituted of persons knowledgeable in the field of risk management. (2) The Committee shall be appointed by the Mayor pursuant to Article IV, § 6 of the City Charter. The Committee shall have such number of members as the Mayor may deem appropriate to carry out its function. (3) The Chairman shall be appointed and replaced from time to time by the Mayor. (b) The Committee shall periodically employ a casualty actuary to conduct an actuarial review of the self-insured loss exposure of the City, and the Committee shall review the loss experience of the City, its claim and potential liability exposure, and any other factors which the Committee considers necessary or appropriate to evaluate the City’s insurance and risk management needs. (c) (1) The Committee shall recommend to the Mayor and the Board of Estimates such amount of money, if any, for inclusion in the annual Ordinance of Estimates that it deems necessary to be appropriated to sustain the Self-Insurance Fund at a level to protect the City’s interest and meet the demands upon it. (2) The Committee shall submit to the Mayor and the Board of Estimates annually not later than March 1, a statement showing the condition and amount of the Fund. *History: Ord. 86-750* #### § 12-4 Disbursement of funds. Balt., Md., Code art. 5, § 12-4 (2026) No monies shall be disbursed from the Fund except: (1) to pay casualty and liability losses, and such other categories of losses or obligations consistent with the insurance and risk management program purposes of the Fund as may be directed by law or by the Board of Estimates; (2) to pay insurance premiums; and (3) to cover the actual cost of administering the expenses related to a risk management program. *History: Ord. 86-750* #### § 12-5 Investment of funds. Balt., Md., Code art. 5, § 12-5 (2026) The monies in the Self-Insurance Fund and the earnings thereon shall be invested by the Board of Finance as are other monies in its charge. *History: Ord. 86-750* #### § 12-6 Administration of Fund. Balt., Md., Code art. 5, § 12-6 (2026) (a) The Self-Insurance Fund shall be administered by the Office of Risk Management in the Department of Finance, headed by the Risk Management Officer who shall be appointed by the Director of Finance under the provisions of the City Charter relating to the classified civil service. (b) The Fund shall be administered in accord with all applicable laws, standard insurance industry practice, accepted accounting principles, and such requirements as the Board of Estimates may establish. (c) (1) The Risk Management Officer shall recommend to the Board of Estimates the types and extent of risks to be covered by the Fund and any insurance or excess insurance deemed advisable, and the Board shall determine what risks are to be covered and the amount of any insurance to be obtained. (2) Pursuant to Article V, § 3 of the City Charter, the Comptroller shall obtain insurance approved by the Board of Estimates. *History: Ord. 86-750* ### Subtitle 13 – Self-Insurance Program for Commodity, Service, and Construction Contracts #### § 13-1 Definitions. Balt., Md., Code art. 5, § 13-1 (2026) (a) The term “Self-Insurance Program for Commodity, Service, and Construction Contracts” (Self-Insurance Program) as used herein shall mean the self-insurance program of the City as provided in this subtitle for the payment of monetary claims arising from any loss, damage, or expense which the Mayor and City Council of Baltimore may sustain by reason of the failure of a service, commodity, or construction contractor to comply with the terms of any contract not exceeding $200,000 which said contractor has entered into with the Mayor and City Council of Baltimore. (b) The term “Self-insurance Fund for Commodity, Service, and Construction Contracts” (Self-insurance Fund) as used herein shall mean the appropriation provided in the annual Ordinance of Estimates to pay any claims authorized by this subtitle. (c) The term “Liability Reserve Fund for Commodity, Service, and Construction Contracts” (Liability Reserve Fund) as used herein shall mean the fund that is to be accumulated as set forth in this subtitle to pay any claims ordinarily payable by the Self-Insurance Fund, provided the Self-Insurance Fund has been depleted in that fiscal year. (d) The term “contractor” as used herein shall mean any person, firm, or legal entity with whom the City has entered into an agreement. (e) The term “construction” shall mean the repair, renovation, construction, or maintenance of any property owned by the City of Baltimore or financed in whole or in part by the City of Baltimore. *History: Ord. 86-774* *History: Ord. 89-362* #### § 13-2 Program established. Balt., Md., Code art. 5, § 13-2 (2026) (a) The Mayor and City Council of Baltimore shall implement a Self-Insurance Program for Commodity, Service, and Construction Contracts for the reimbursement of any losses the City sustains through the default of a commodity, service, or construction contractor under a contract not exceeding $200,000. (b) (1) A Self-Insurance Fund shall be established to be used to pay for losses and other expenses of implementing and operating the Self-Insurance Program. (2) Monies for said Fund shall be appropriated annually in the Ordinance of Estimates in an amount approved by the Board of Estimates. (c) (1) Payment of any and all claims under the Self-Insurance Program for losses sustained by the Mayor and City Council of Baltimore shall be made from the Self-Insurance Fund by the City Solicitor upon certification by the head of the procuring agency that the Mayor and City Council of Baltimore has sustained a loss due to the default of a commodity, service, or construction contractor. (2) Provided, however, that for any claim exceeding $5,000, the City Solicitor shall not have authority to make any payments pursuant to this Act without both a certification of loss by the head of the procuring agency and subsequent approval by the Board of Estimates. (3) And provided further, that in any case where the decision is contested by a contractor, the decision to pay the claim is subject to approval by the Board of Estimates. (d) Any monies remaining in the Self-Insurance Fund at the end of any fiscal year, including any interest accrued thereon, shall be turned over to the Director of Finance to be placed in the Liability Reserve Fund. (e) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Estimates shall have the authority to promulgate rules and regulations for the administration of this program. *History: Ord. 86-774* *History: Ord. 89-362* *History: Text Conformed 02/14/21* #### § 13-3 Liability Reserve Fund — established. Balt., Md., Code art. 5, § 13-3 (2026) (a) (1) The Director of Finance is hereby authorized and directed to create a fund to be known as the “Liability Reserve Fund for Commodity, Service, and Construction Contracts” (Liability Reserve Fund) for which purpose a sum shall be appropriated annually in the Ordinance of Estimates. (2) The appropriation to the Liability Reserve Fund shall continue with the accumulations thereto, together with the earnings of the same and the balance from the Self-Insurance Fund, less any expenditures or disbursements therefrom as may be made. (b) The Reserve Fund shall continue to accumulate in the aforesaid manner to the maximum amount established in an ordinance approved by the Mayor and City Council upon the recommendation of the Board of Estimates. Any monies remaining in the Liability Reserve Fund at the end of any fiscal year in excess of the maximum amount established by ordinance shall be credited to the General Fund of the City. (c) The appropriation so made and any other sums paid to the Fund shall be turned over by the Director of Finance to the Board of Finance of the Mayor and City Council of Baltimore, to be held and invested by the Board of Finance. *History: Ord. 86-774* #### § 13-4 Liability Reserve Fund — when to be used. Balt., Md., Code art. 5, § 13-4 (2026) The Liability Reserve Fund shall be used to pay any losses which the Mayor and City Council of Baltimore sustains pursuant to its Self-Insurance Program, only after the sums provided for in § 13-2 of this subtitle have been fully expended or encumbered. *History: Ord. 86-774* #### § 13-5 Payment under Program not waiver of remedies. Balt., Md., Code art. 5, § 13-5 (2026) (a) No provision of this subtitle shall be interpreted or construed to prevent the Mayor and City Council of Baltimore from pursuing any remedy at law available to it against a defaulting commodity, service, or construction contractor whose failure to comply with the terms of a contract results in a loss to the City. (b) All remedies provided by this subtitle are cumulative with all other remedies available to the City at law. Payment of a claim under this subtitle shall not prohibit the Mayor and City Council from pursuing civil remedies in order to recover any damages sustained by the City, even if the recovery exceeds any claim paid under this subtitle. *History: Ord. 86-774* #### § 13-6 Investments; annual statement. Balt., Md., Code art. 5, § 13-6 (2026) The Board of Finance for Baltimore City is hereby authorized and directed to: (1) receive the monies directed to be paid to it by the Director of Finance; (2) hold and invest the same as other monies in its charge are held and invested; (3) retain the same as a permanent fund to be used only for the payment of claims as provided in §§ 13-2 and 13-4 of this subtitle; (4) keep a separate account of said fund, together with the earnings thereof, as the “Liability Reserve Fund for Commodity, Service and Construction Contracts” of the Mayor and City Council of Baltimore; and (5) submit annually to the Director of Finance a statement in writing showing the state and amount of said fund. *History: Ord. 86-774* #### § 13-7 Annual report. Balt., Md., Code art. 5, § 13-7 (2026) After the close of each fiscal year, the Director of Finance shall report to the Mayor and City Council the year-end fund balances of the Self-Insurance Fund and the Liability Reserve Fund, the amount of excess funds credited to the General Fund, and the claims paid under this Self-Insurance Program, by itemizing in sufficient detail the total amounts paid for applicable commodity, service, and construction contracts. *History: Ord. 86-774* ### Subtitle 14 – Private Security Camera System Rebate and Voucher Program #### § 14-1 Definitions. Balt., Md., Code art. 5, § 14-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Director” means the Director of Finance or the Director’s designee. (c) (d) “Program” means the Private Security Camera System Rebate and Voucher Program established by this subtitle. (e) “Security camera system” or “system” means one or more outdoor surveillance cameras with functioning digital video recording capability. (f) “Small business” means an individual, a partnership, a limited partnership, a limited liability partnership, a limited liability company, or a corporation that: (1) is independently owned and operated; (2) is not a subsidiary of another entity; and (3) in its most recently completed fiscal year, did not employ in its operations more than 25 individuals. *History: Ord. 20-355* *History: Ord. 22-125* #### § 14-2 Program established. Balt., Md., Code art. 5, § 14-2 (2026) (a) There is a Private Security Camera System Rebate and Voucher Program. (b) The purpose of the program is to encourage the purchase and installation of security camera systems in Baltimore City. (c) To ensure that the Program is administered in the most equitable manner possible, the Director shall: (1) comply with the priority requirements set forth in this subtitle; and (2) subject to an appropriation of funds in accordance with the City Charter, process and distribute vouchers to voucher-eligible applicants prior to disbursing any rebates to rebate-eligible applicants. *History: Ord. 20-355* #### § 14-3 Balt., Md., Code art. 5, § 14-3 (2026) Reserved #### § 14-4 Rebate eligibility. Balt., Md., Code art. 5, § 14-4 (2026) To be eligible for a rebate under this subtitle, a property owner or lessee shall: (1) on or after June 1, 2020, purchase and install a system on the exterior of a dwelling or small business; (2) register the system with the Citiwatch Community Partnership; and (3) submit a rebate application to the Director as required by § 14-5 {“Rebate application”} of this subtitle. *History: Ord. 20-355* #### § 14-5 Rebate application. Balt., Md., Code art. 5, § 14-5 (2026) (a) In order to be eligible to receive a rebate under this subtitle, a person must submit an application to the Director. (b) The application must be in the form and contain the information that the Director requires, including: (1) the applicant’s name; (2) the address where the system is located and whether the property is primarily used as a residence or as a small business; (3) a proof-of-purchase for the system that indicates the date of purchase and the amount paid for the system; (4) verification that the system is registered with the Citiwatch Community Partnership; and (5) a signed statement that the applicant agrees to have the system oriented towards a specified public right-of-way for at least 2 years. (c) (1) A residential applicant may submit a rebate application for 2 systems. (2) A small business applicant may submit an rebate application for up to 3 systems. (3) Notwithstanding the application limits set forth in paragraphs (1) and (2) of this subsection, a person may submit a rebate application for 1 additional system for a property that has already received a rebate every 2 years from the original rebate date. *History: Ord. 20-355* #### § 14-6 Rebate amount. Balt., Md., Code art. 5, § 14-6 (2026) (a) (1) On approval of a rebate application submitted in accordance with § 14-5 {“Rebate application”} of this subtitle, the Director shall provide a rebate of the lesser of $150 or the actual cost of the system. (2) The Director may adjust rebate amounts based on: (i) whether the property is located in an area with a high number of incidents of violent crime, as determined in consultation with the Mayor’s Office of Criminal Justice; (ii) whether the property is located in an area where the median household income is at or below 185% of the Federal Poverty Level, as measured by the most recent 5-year estimate of the U.S. Census Bureau’s American Community Survey; (iii) whether the applicant has received a rebate for any property under this subtitle from the City in a prior year; and (iv) the availability of funds. (3) Availability of rebates is subject to the appropriation of funds in accordance with the City Charter. (b) (1) A rebate may not exceed the actual cost of a system as indicated on the proof-of-purchase submitted with the application. (2) Rebates are contingent on the availability of funds and the application’s priority under subsection (c) of this section. (c) To ensure that rebates are disbursed in an equitable manner and in a manner that best serves the City’s interest in improving public safety, the Director shall prioritize rebate recipients based on: (1) incidents of violent crime in the vicinity of an applicant’s property, with areas with the highest incidents of violent crime receiving the highest priority; (2) median household income in the vicinity of an applicant’s property, with areas, with the lowest median income receiving the highest priority; and (3) whether the applicant has received a rebate for any property from the City in a prior year. *History: Ord. 20-355* #### § 14-7 Balt., Md., Code art. 5, § 14-7 (2026) Reserved #### § 14-8 Vouchers. Balt., Md., Code art. 5, § 14-8 (2026) (a) In this section, “public assistance” means money, property, food stamps, or other assistance that is provided under a need-based social or nutritional program that is: (1) financed wholly or partly by the State; and (2) administered by the State or Baltimore City. (b) To be eligible for a voucher under this section, a property owner or lessee shall: (i) submit an application to the Director in the form that the Director requires; and (ii) provide the Director with proof of receipt of public assistance. (c) (1) After a determination that an applicant is eligible under this section, the Director shall distribute a voucher to the applicant for the purchase and installation of 1 security camera system. (2) A voucher under this section may not exceed the amount for a rebate claim under § 14-6 {“Rebate amount”} of this subtitle. (3) Availability of vouchers is subject to the appropriation of funds in accordance with the City Charter. (4) The Director may prioritize the distribution of vouchers based on whether the applicant’s property is located in an area with a high number of incidents of violent crime as determined through consultation with the Mayor’s Office of Criminal Justice. *History: Ord. 20-355* #### § 14-9 Balt., Md., Code art. 5, § 14-9 (2026) Reserved #### § 14-10 Rules and regulations. Balt., Md., Code art. 5, § 14-10 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article and the requirements in this section, the Director shall adopt rules and regulations to carry out the provisions of this subtitle, including: (1) the requirements for proofs of purchase and system verification; (2) procedures for verifying that a system is registered with the Citiwatch Community Partnership, including a certification from any rebate recipient providing that the recipient may not use the system to intentionally record specific individuals conducting lawful activity; (3) in collaboration with the Department of Planning and the Mayor’s Office of Criminal Justice, identification of priority areas for rebates based on violent crime indicators and socio-economic status as required by § 14-6 {“Rebate amount”} of this subtitle; (4) procedures for participating in the voucher program established by § 14-8 {“Vouchers”} of this subtitle; and (5) in consultation with the Mayor’s Office of Criminal Justice, identification of priority areas for vouchers based on violent crime indicators as required by § 14-8(d) {“Vouchers: Distribution”} of this subtitle. (b) In developing the regulations required by this section and any subsequent amendments, the Director shall collaborate with the Department of Planning and the Mayor’s Office of Criminal Justice. (c) Every 2 years from the date of initial adoption of the rules and regulations required by this section, the Director shall conduct a review of those rules and regulations and update them as necessary. *History: Ord. 20-355* *History: Text Conformed 02/14/21* #### § 14-11 Annual report. Balt., Md., Code art. 5, § 14-11 (2026) No later than June 30 of each year, the Director shall prepare and submit a report to the Mayor and City Council detailing data regarding the Program from the preceding year, including: (1) the number of rebate and voucher applications received; (2) the amount of rebates disbursed and vouchers distributed; and (3) aggregate data regarding: (i) which neighborhoods are applying for rebates and vouchers; and (ii) which neighborhoods are receiving rebates and vouchers. *History: Ord. 20-355* #### § 14-12 Penalties. Balt., Md., Code art. 5, § 14-12 (2026) Any person who knowingly makes a false statement on or in connection with an application for a rebate or a voucher under this section or in connection with any statement supporting a property’s eligibility for a rebate or a voucher granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 20-355* ### Subtitle 15 – Employee-Owned Businesses #### § 15-1 Definitions. Balt., Md., Code art. 5, § 15-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Director” means the Director of a stated executive department or that Director’s designee. (c) “Employee-owned business” means a business in which: (1) the business’s employees are represented on the board of directors and the business’s employees control the majority of the voting stock; or (2) the trustees are elected by the business’s employees, if the business is held in trust that controls the majority of the voting stock. *History: Ord. 20-429* #### § 15-2 Reporting – In general. Balt., Md., Code art. 5, § 15-2 (2026) (a) No later than 3 months after the end of each fiscal year, the Directors of the Departments of Finance, Public Works, Transportation, General Services, and Recreation and Parks shall jointly submit a report to the Mayor and the City Council regarding employee-owned businesses in Baltimore City and shall include the information required by this subtitle. (b) To the extent practicable, in preparing the report required under by this subtitle, the Directors of the Departments of Finance, Public Works, Transportation, General Services, and Recreation and Parks may consult with employee-owned businesses in Baltimore City to provide necessary background and advice. (c) Information in the report required by this subtitle shall be limited to only those employee-owned businesses that have identified themselves to the City as being an employee-owned business. *History: Ord. 20-429* #### § 15-3 Reporting – City contracts awarded to employee-owned businesses. Balt., Md., Code art. 5, § 15-3 (2026) (a) The Director of Finance, in consultation with the City Purchasing Agent, shall include in the report required by this subtitle the following information for the previous fiscal year: (1) the number and total dollar value of City contracts awarded to employee-owned businesses through the Department of Finance Bureau of Procurement process, disaggregated by City agency and type of business; (2) the number and total dollar value of City contracts through the Department of Finance Bureau of Procurement process, disaggregated by City agency and type of business; and (3) of City contracts issued through the Department of Finance Bureau of Procurement process, the percentage of those contracts awarded to employee-owned businesses, disaggregated by City agency and type of business. (b) The Directors of the Departments of Public Works, Transportation, General Services, and Recreation and Parks shall include in the report required by this subtitle the following information for each Director’s respective department for the previous fiscal year: (1) the number and total dollar value of all departmental contracts awarded to employee-owned businesses, disaggregated by department and type of business; (2) the number and total dollar value of all departmental contracts, disaggregated by department and type of business; and (3) of all departmental contracts, the percentage of departmental contracts awarded to employee-owned businesses, disaggregated by department and type of business. *History: Ord. 20-429* #### § 15-4 Assessments; Legislative and policy recommendations. Balt., Md., Code art. 5, § 15-4 (2026) Utilizing the data contained in the report required by § 15-2 {“Reporting – In general”} of this subtitle, the Mayor’s Office of Small Business (or its successor office, agency, or unit) shall, no later than June 30 of each year, submit a report to the Mayor and City Council setting forth: (1) an assessment of the difficulties or obstacles that employee-owned businesses encounter when competing for City contracts; and (2) legislative or policy proposals to lessen the effects of the difficulties and obstacles and to enhance the ability of employee-owned businesses to compete for and obtain City contracts. *History: Ord. 20-429* ### Subtitle 16 – Records and Inventory of Real Property #### § 16-1 Record of conveyances and contracts. Balt., Md., Code art. 5, § 16-1 (2026) (a) The Comptroller shall maintain a publicly accessible online database that includes: (1) all deeds and leases made to the City, or sufficient extracts from those deeds and leases to fully identity the nature of the City’s interest in the specific property; and (2) all contracts and agreements made in relation to the property of the City. (b) The database required by this section shall be searchable for easy reference to the deeds, leases, contracts, and agreements within the database. *History: Ord. 1858-009* *History: Ord. 21-032* #### § 16-2 Comprehensive inventory required. Balt., Md., Code art. 5, § 16-2 (2026) (a) The Comptroller and the Director of Finance must maintain jointly a comprehensive inventory of City-owned real property, which must be updated quarterly to reflect acquisitions and dispositions. (b) For each parcel of property, the inventory must provide the following information: (1) a street address or, if there is no street address, a description sufficient to identify the location of the property; (2) the date when the City acquired or took possession of the property; (3) the purchase price paid by the City; (4) the name of the grantor; and (5) an estimate of the market value of the property, which must be updated every 3 years. (c) All City agencies that own, acquire, or dispose of real property must comply with requests of the Comptroller and the Director of Finance in maintaining the inventory. (d) The inventory must be posted online for public inspection. *History: Ord. 97-144* *History: Ord. 21-032* ### Subtitle 17 – Real Property Acquisition #### § 17-1 Real Estate Department or designee of Board of Estimates authorized. Balt., Md., Code art. 5, § 17-1 (2026) (a) In any and all parts of any and all ordinances in force in the City of Baltimore, and any and all amendments thereto, which authorize any person to acquire property on behalf of the Mayor and City Council of Baltimore, any reference therein to such person and to his power to acquire property is hereby changed to a reference to: (1) the Department of Real Estate in the Comptroller’s Office; and (2) such other person and in such manner as the Board of Estimates, in the exercise of the power vested in it by Article V, § 5 of the City Charter, may hereafter from time to time designate. (b) The said Department of Real Estate, and such person as the Board of Estimates may hereafter from time to time designate, is hereby authorized and empowered so to acquire such property. *History: Ord. 59-055* #### § 17-2 Negotiations confirmed. Balt., Md., Code art. 5, § 17-2 (2026) Any acquisition of real property or an interest therein, and any and all negotiations for the purpose of acquiring real property or an interest therein made on behalf of the Mayor and City Council of Baltimore by such persons who shall have been designated by the aforesaid divers ordinances, or by the Department of Real Estate, or by the Board of Estimates in the exercise of the authority vested in it by § 39 of the Baltimore City Charter as aforesaid {cf. Article V, §5(a) of the City Charter (1996 Edition)}, are hereby ratified and confirmed, and shall be deemed to have been made by the persons designated in the aforesaid divers ordinances as the persons to negotiate for and acquire property on behalf of the Mayor and City Council of Baltimore, it being hereby declared to have been the legislative intent of said divers ordinances in purporting to designate the persons to negotiate for and acquire property on behalf of the Mayor and City Council of Baltimore to have named the persons designated by the Board of Estimates in the exercise of the powers vested in it by § 39 of the Baltimore City Charter, as aforesaid {cf. Article V, §5(a)}. *History: Ord. 59-055* #### § 17-3 Effect of subtitle. Balt., Md., Code art. 5, § 17-3 (2026) Nothing contained in this subtitle shall be construed to affect adversely the validity of any acquisition of property heretofore made, or to affect any pending or future acquisition of property by or on behalf of the Mayor and City Council of Baltimore, except as specifically provided in this subtitle. *History: Ord. 59-055* ### Subtitle 18 – Condemnation Notice and Hearing #### § 18-1 User agency to list properties. Balt., Md., Code art. 5, § 18-1 (2026) When an ordinance is introduced into the City Council for the condemnation of any property, the department, bureau, or agency by which the property would be used shall file with the Department of Transportation a complete list of all properties in the area proposed to be condemned. *History: Ord. 56-645* *History: Ord. 75-946* *History: Ord. 76-022* *History: Ord. 09-217* *History: Ord. 15-435* #### § 18-2 DoT to notify owners. Balt., Md., Code art. 5, § 18-2 (2026) (a) The Department of Transportation shall promptly notify the owners of the properties in the area, as shown on the records kept by the Department under City Charter Article VII, § 116(j), of the ordinance’s introduction. (b) The notice to property owners shall be mailed to the address shown for property owners in the assessment records, by ordinary United States mail, and no proof of delivery is necessary. (c) (1) The notice shall include: (i) the number of the ordinance; (ii) the name or general description of the project for which the property is condemned; and (iii) the place at which plats or other descriptive material may be seen. (2) Also, the notice either shall: (i) give the date, time, and place for the public hearing to be held on the ordinance by the City Council or 1 of its committees; or (ii) indicate the place or person from which or whom this information may be obtained. *History: Ord. 56-645* *History: Ord. 75-946* *History: Ord. 76-022* *History: Ord. 09-217* *History: Ord. 15-435* #### § 18-3 Hearing. Balt., Md., Code art. 5, § 18-3 (2026) Such a hearing shall not be scheduled by the City Council or its committees within a shorter period than 1 week following the time the said property owners should ordinarily have received the mailed notice of the introduction of the ordinance. *History: Ord. 56-645* ### Subtitle 19 – Real Estate Appraisals #### § 19-1 Certified or licensed appraiser required. Balt., Md., Code art. 5, § 19-1 (2026) (a) Where the City is required by law or contract to subject real property to an appraisal, that appraisal shall be performed by a real estate appraiser who is certified or licensed under the provisions of Title 16 – “Real Estate Appraisers” of the Business Occupations and Professions Article of the Annotated Code of Maryland. (b) The provisions of this section shall not apply to appraisals conducted or ordered on or before the date of enactment of this section. *History: Ord. 92-149* ### Subtitle 20 – Naming City Property #### § 20-1 Definitions. Balt., Md., Code art. 5, § 20-1 (2026) (a) The following terms shall have the meanings indicated unless their context clearly indicates otherwise. (b) “City property” means any property or part thereof owned by the Mayor and City Council of Baltimore or by any municipal agency and includes any property leased by the Mayor and City Council of Baltimore or any municipal agency for a term longer than 7 years. (c) “Municipal agency” shall include: (1) all departments, bureaus, boards, commissions, offices, or trustees; and (2) persons not embraced in a department who exercise authority comparable to that of heads of departments or bureaus. *History: Ord. 89-268* #### § 20-2 Ordinance required for naming. Balt., Md., Code art. 5, § 20-2 (2026) (a) City property shall be named or renamed by an ordinance of the Mayor and City Council. (b) (1) When legislation is introduced into the City Council to name or rename City property, the legislation shall be referred to: (i) the Planning Commission; (ii) the municipal agency that has or will have control over the City property; (iii) the Department of Real Estate; and (iv) any other agency that may have an interest in naming the City property. (2) Within 30 days after referral, the Planning Commission and the municipal agency in control of the City property shall submit reports. (3) If the reports are not received within the 30-day time period, the City Council may act on the legislation. *History: Ord. 89-268* #### § 20-3 Inventories of property. Balt., Md., Code art. 5, § 20-3 (2026) (a) On or before July 1, 1989, all municipal agencies shall submit to the Planning Commission an inventory of all named and unnamed City property under their control. (b) On or before September 1, 1989, the Planning Commission shall submit a consolidated inventory of all named and unnamed City property to the Mayor and City Council. (c) A copy of the report shall be filed with the Department of Legislative Reference. *History: Ord. 89-268* #### § 20-4 Subtitle inapplicable to streets. Balt., Md., Code art. 5, § 20-4 (2026) This subtitle shall not apply to the naming of streets as provided in Article 26, Subtitle 7 of the City Code. *History: Ord. 89-268* ### Subtitle 20A – Demolition of City Property #### § 20A-1 Definitions. Balt., Md., Code art. 5, § 20A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “City structure” means, except as provided in paragraph (2) of this subsection, any building or other structural improvement to real property that: (i) is owned by the Mayor and City Council of Baltimore; and (ii) has been or is being used for a municipal function or public purpose, including offices, work places, schools, fire stations, police stations, monuments, recreation facilities, neighborhood centers, and the like. (2) “City structure” does not include: (i) any subsurface infrastructure or its appurtenances; (ii) any operational facility not routinely open to the public; or (iii) any structure (other than a building), to the extent that the structure: (A) is located on, over, or under a street, alley, or other public way or land; and (B) is designed, constructed, controlled, and maintained by and under the authority and supervision of the Director of Public Works, the Director of General Services, the Executive Director of the Parking Authority of Baltimore City, or the Director of Transportation, whichever has jurisdiction, or an authorized representative of the applicable Director. (c) (d) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 16-451* *History: Ord. 22-125* #### § 20A-2 Exclusions from subtitle. Balt., Md., Code art. 5, § 20A-2 (2026) This subtitle does not apply to a City structure for which the Building Official or his or her designee has certified in writing that its demolition is an emergency measure necessary to protect life, health, safety, or property from imminent danger. *History: Ord. 16-451* #### § 20A-3 Notice to City Council. Balt., Md., Code art. 5, § 20A-3 (2026) (a) No City agency, official, employee, or contractor, nor any other person may undertake, approve, or allow the demolition, in whole or substantial part, of any City structure unless the agency proposing the action first submits to the President of the City Council, for publication in the Council Journal, a notice describing the structure and proposed action. (b) If, within 30 days of the notice’s publication in the Journal, the President has received no objection to the proposal from any Councilmember: (1) the President shall so notify the agency that submitted the notice; and (2) without need for further action by the City Council, the agency may proceed with the proposed demolition. (c) If a timely objection is received from a Councilmember: (1) the President shall so notify the agency that submitted the notice; and (2) the demolition may not proceed unless: (i) expressly authorized by an Ordinance of the Mayor and City Council; or (ii) the structure remains unoccupied for 3 years or more following the publication of notice under subsection (a) of this section. *History: Ord. 16-451* #### § 20A-4 Council action on proposed ordinance. Balt., Md., Code art. 5, § 20A-4 (2026) (a) On introduction of any proposed ordinance to authorize the demolition of a City structure, the City Council shall refer the bill to the following for their written reports and recommendations: (1) the Planning Department; (2) the agency or public official that has or will have control over the City structure; and (3) any other agency that the Council President designates. (b) The City Council may not place the bill on the Council’s second reading calendar until the Planning Department and the agency or official in control of the City structure: (1) submit their reports and recommendations to the Council; or (2) fail to do so within 30 days of the referral. *History: Ord. 16-451* ### Subtitle 21 – Public Art #### Part I – General Provisions ##### § 21-1 Findings; purpose. Balt., Md., Code art. 5, § 21-1 (2026) (a) Public art has enabled people in all societies to understand better their communities and individual lives. (b) The City of Baltimore, named the “Monumental City” over 175 years ago, wishes to expand public experience with visual art by creating a public artwork program that: (1) encourages the direct commission of artwork for municipally supported projects; and (2) engages the individual and collective imagination of artists who create artwork for public places. (c) To that end, it is intended that: (1) the public artwork program encompass the broadest possible range and variety of expression, media, and materials; and (2) selections of artists and artwork reflect a standard of excellence and the cultural and ethnic diversity of the City. *History: Ord. 07-489* ##### § 21-2 Definitions. Balt., Md., Code art. 5, § 21-2 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Artwork allocation” means the amount required by § 21-16 of this subtitle to be allocated to artwork. (c) “Artwork” means works of art that are: (1) produced by professional visual artists; and (2) affixed to, made a functional part of, or sited in, on, or near a public work. (d) “Bid” means a response to: (1) an invitation to bid; or (2) a request for proposals. (e) “Commission” means the Public Art Commission . (f) (1) “Construction costs” means, except as otherwise provided in this subsection, the total appropriation for a construction project. (2) “Construction costs” includes: (i) demolition costs; and (ii) equipment costs. (3) “Construction costs” does not include: (i) real property acquisition costs; (ii) soil remediation costs; or (iii) architectural or engineering fees. (g) “Construction project” or “project” means, except as otherwise provided in this subsection, any capital improvement project that: (1) involves the construction, reconstruction, or renovation of all or part of any publicly-owned property in the City, including any building, parking facility, park, utility, bridge, street, highway, footway, bikeway, or other structure or public work; (2) exceeds $100,000 in construction costs; (3) is required by law to be publicly bid; and (4) is to be paid for wholly or in part by the City. (h) “Eligible funds” means any funds that are available for construction costs and are not precluded by restrictions on the source of funding for the project, including limitations on the use of City bond funds, state or federal grants or loans, or donations, from being used for artwork. (i) (j) “Maintenance of artwork” means the maintenance, preservation, and conservation of, including curatorial services for, artwork owned by the City, whether created under this subtitle or otherwise obtained. *History: Ord. 07-489* *History: Ord. 22-125* ##### §§ 21-3 to 21-5 Balt., Md., Code art. 5, § 21-3 to 21-5 (2026) Reserved #### Part II – Public Art Commission ##### § 21-6 Commission established. Balt., Md., Code art. 5, § 21-6 (2026) There is a Public Art Commission . *History: Ord. 07-489* ##### § 21-7 Composition. Balt., Md., Code art. 5, § 21-7 (2026) (a) The Commission consists of 9 members, as follows: (1) 8 appointed by the Mayor and approved by the City Council under Article IV, § 6 of the City Charter; and (2) 1 appointed by the President of the City Council. (b) (1) Of the members appointed by the Mayor: (i) 1 must be a professional visual artist; (ii) 1 must be a curator or art historian from an established Baltimore arts or educational institution; (iii) 1 must be a licensed architect; (iv) 1 must be a licensed engineer; and (v) 4 must be persons chosen from related disciplines, such as landscape architects, design professionals, urban planners, conservators, art educators, art administrators, and citizens interested in civic improvement. (2) All members must reside or work in the City. *History: Ord. 07-489* ##### § 21-8 Compensation and expenses; staff. Balt., Md., Code art. 5, § 21-8 (2026) (a) The members of the Commission: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. (b) The Commission and its programs shall be staffed by the Baltimore Office of Promotion & The Arts. *History: Ord. 07-489* *History: Ord. 16-503* ##### § 21-9 General functions and duties. Balt., Md., Code art. 5, § 21-9 (2026) The Commission shall: (1) administer the public artwork program established by this subtitle; (2) generally promote and encourage public art in the City of Baltimore; and (3) work cooperatively with state and federal offices to encourage public art. *History: Ord. 07-489* ##### § 21-10 Rules and regulations. Balt., Md., Code art. 5, § 21-10 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commission shall adopt rules and regulations to carry out this subtitle. (b) The Commission’s rules and regulations shall include procedures and guidelines for: (1) determining whether and to what extent artwork is appropriate for a particular construction project;. (2) selecting artists and artwork for a particular project; (3) submitting artwork proposals to the Commission for approval; and (4) allocating eligible funds for: (i) the creation of new artwork; (ii) the maintenance of existing artwork; and (iii) the performance of the Commission’s other functions and duties under this subtitle. *History: Ord. 07-489* *History: Text Conformed 02/14/21* ##### § 21-11 Agency liaisons. Balt., Md., Code art. 5, § 21-11 (2026) (a) Each of the following agencies shall designate an agency liaison to the Commission: (1) Baltimore Development Corporation. (2) Parking Authority. (3) Planning Department. (4) Public Works Department. (5) Recreation and Parks Department. (6) Transportation Department. (7) General Services Department. (b) Each agency liaison shall meet periodically with the Commission staff to review the agency’s ongoing and proposed construction projects. *History: Ord. 07-489* *History: Ord. 15-435* ##### §§ 21-12 to 21-15 Balt., Md., Code art. 5, § 21-12 to 21-15 (2026) Reserved #### Part III – Artwork Allocation ##### § 21-16 Amount required. Balt., Md., Code art. 5, § 21-16 (2026) (a) Except as provided in subsection (b) of this section, at least 1% of all eligible funds for a construction project shall be allocated for: (1) artwork for that project; or (2) other public art uses as authorized by this subtitle. (b) For water or wastewater utility projects, the Commission shall determine, on a case-by-case basis after consultation with the Department of Public works, whether and to what extent eligible funds for that project may be allocated for artwork or other public art uses. If the Commission and the Department of Public Works disagree as to whether or to what extent eligible funds may be allocated, the Director of Public Works makes the final decision. *History: Ord. 07-489* ##### § 21-17 Grant and other funding requests. Balt., Md., Code art. 5, § 21-17 (2026) In applying for grants or other funding for a construction project, a City agency shall request that: (1) to the fullest extent practicable, the grant or other funding be in the form of “eligible funds; and (2) the grant or other funding include an additional 1% of those eligible funds for artwork. *History: Ord. 07-489* ##### § 21-18 Preliminary determinations. Balt., Md., Code art. 5, § 21-18 (2026) (a) (1) Each City agency shall consult with the Commission on the application of this subtitle to any construction project being proposed by that agency. (2) This consultation shall occur: (i) as early as possible in the design stage; and (ii) in any event, before the project is advertised for bid. (b) Based on the consultation, the Commission shall determine within 90 days: (1) the aggregate amount of the artwork allocation required by § 21-16 of this subtitle; and (2) at least preliminarily, the extent to which all or part of that aggregate amount can and should be used for: (i) artwork for that project; or (ii) other public art uses as authorized by this subtitle. *History: Ord. 07-489* ##### § 21-19 Incorporation into contract specifications. Balt., Md., Code art. 5, § 21-19 (2026) The contract specifications in the invitation to bid or request for proposals shall incorporate: (1) the requirements of this subtitle; and (2) the Commission’s determinations under § 21-18(b)(1) and (2) of this subtitle. *History: Ord. 07-489* ##### § 21-20 Allocation of funds. Balt., Md., Code art. 5, § 21-20 (2026) On the award of a contract for the project, the contracting agency shall notify the Department of Finance that the aggregate amount of the artwork allocation, as determined under § 21-18(b) of this subtitle, shall be transferred as it become available to a capital account to be used for purposes of this subtitle. *History: Ord. 07-489* ##### §§ 21-21 to 21-25 Balt., Md., Code art. 5, § 21-21 to 21-25 (2026) Reserved #### Part IV – Artwork for Project ##### § 21-26 Scope of Part. Balt., Md., Code art. 5, § 21-26 (2026) This Part IV applies to the extent that some or all of an artwork allocation is used for artwork for the project that generated the allocation. *History: Ord. 07-489* ##### § 21-27 Preparation of proposal. Balt., Md., Code art. 5, § 21-27 (2026) (a) (1) As soon as practicable, the Commission shall consult with the contracting agency about artist and site selection. (2) The Commission then shall: (i) identify, approve, and engage an appropriate artist or artists through an RFQ or RFP process; and (ii) determine an appropriate site for the artwork. (b) The artist shall prepare a proposal and submit it to the Commission for its review and approval. *History: Ord. 07-489* ##### § 21-28 Commission review and action. Balt., Md., Code art. 5, § 21-28 (2026) (a) The Commission shall review the proposal in an open session at which the public is invited to attend and comment. (b) The Commission may: (1) preliminarily approve the proposal, subject to modifications; (2) finally approve the proposal as submitted or as later modified; (3) disapprove the proposal, with or without prejudice to submit a new proposal; or (4) take any other action it considers necessary or appropriate under the circumstances. *History: Ord. 07-489* ##### § 21-29 Disposition of artwork allocation. Balt., Md., Code art. 5, § 21-29 (2026) (a) (1) On approval of an artwork proposal, the Commission shall authorize payments to the artist for the cost for the artwork, and to provide other necessary services, as approved and contracted for by the Commission. (2) The balance, if any, of the artwork allocation from that project shall be retained for other public art uses as authorized by this subtitle. (b) If the Commission disapproves a proposal and determines not to consider any new one for the project, the full remaining amount of the artwork allocation from that project shall be retained for other public art uses as authorized by this subtitle. *History: Ord. 07-489* ##### § 21-30 Balt., Md., Code art. 5, § 21-30 (2026) Reserved #### Part V – Public Art Uses ##### § 21-31 Commission to determine. Balt., Md., Code art. 5, § 21-31 (2026) The Commission is responsible for determining the use of all eligible funds. *History: Ord. 07-489* ##### § 21-32 Priorities. Balt., Md., Code art. 5, § 21-32 (2026) In making its determinations, the Commission shall be guided by the following priorities: (1) first, to provide artwork for the project that generates an artwork allocation; (2) second, to provide support for: (i) new artwork for other public works; and (ii) the maintenance of existing artwork; and (3) third, to provide support for the Commission’s other functions and duties under this subtitle. *History: Ord. 07-489* ##### § 21-33 Authorized uses. Balt., Md., Code art. 5, § 21-33 (2026) The uses to which eligible funds may be used include, but are not restricted to: (1) the selection, acquisition, commissioning, fabrication, placement, installation, display, and maintenance of artwork; (2) the development of design concepts and models; (3) artist design services; (4) administrative services for staffing the Commission and its programs; (5) other professional services; (6) publications and other educational activities; (7) dedications, plaques, and labels; and (8) support for the Commission’s other functions and duties under this subtitle. *History: Ord. 07-489* ### Subtitles 22 to 23 ### Subtitle 24 – Contract Bonding Requirements #### § 24-1 Surety bonds generally. Balt., Md., Code art. 5, § 24-1 (2026) Hereafter, in all cases where any bond shall be taken from any contractor for the execution of any work to be done under and by virtue of any ordinance or resolution of the Mayor and City Council, or by any authority thereof, there shall be inserted in said bond, and as one of the conditions thereof, an express stipulation on the part of such contractor that he will defend, indemnify, and save harmless the Mayor and City Council of Baltimore against any suit or suits, loss, damage, or expense, to which the said Mayor and City Council of Baltimore may be subjected by reason of any default or negligence, want of skill, or care on the part of such contractor, his agent or employees, or of any subcontractor, in or about the performance and execution of said work. *History: Ord. 1879-052* #### § 24-2 Bid bonds. Balt., Md., Code art. 5, § 24-2 (2026) Pursuant to the provisions of Article VI, § 11(h) of the City Charter, a bidder on a contract for any public work or the purchase of any supplies, materials, equipment, or services for the City or by any municipal agency is required to post a bid bond if the bid is more than $100,000. *History: Ord. 89-349* #### § 24-3 Performance bonds. Balt., Md., Code art. 5, § 24-3 (2026) A contractor on a contract for any public work or the purchase of any supplies, materials, equipment, or services for the City or by any municipal agency is required to post a performance bond if the contract is for more than $100,000. *History: Ord. 89-349* #### § 24-4 Letters of credit for certain school contracts. Balt., Md., Code art. 5, § 24-4 (2026) When a sole source contract between the City of Baltimore and a vendor to provide instructional, supervisory, or administrative services to the Board of School Commissioners is renegotiated, the vendor shall post an irrevocable letter of credit if the contract is for more than $100,000. *History: Ord. 95-559* ### Subtitle 25 – Prevailing Wages for Work Under Construction Contracts #### § 25-1 Definitions. Balt., Md., Code art. 5, § 25-1 (2026) (a) (1) The term “apprentice” as used in this subtitle means a person at least 16 years of age who has entered into a written agreement with an employer or his agent, an association of employers, or an organization of employers, or a joint committee representing both, and which shall state the trade, craft, or occupation which the apprentice is to be taught, and the time at which the apprenticeship will begin and end. (2) All such apprenticeship agreements shall be approved by the Maryland Apprenticeship and Training Council, and certification of such approval shall be furnished to the Wage Commission. (b) “Contractor”, as used herein, shall mean the person, firm or corporation awarded a City contract or engaged in a project receiving funds from tax increment financing in excess of $10,000,000. (c) “Subcontractor”, as used herein, shall mean any person, firm or corporation, other than the contractor, performing any work upon the site of the project, whether subcontractor or lower tier contractor. *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord.73-348* *History: Ord. 19-226* #### § 25-2 Scope of subtitle. Balt., Md., Code art. 5, § 25-2 (2026) (a) This subtitle applies to each and every contract in excess of $5,000 made by the Board of Estimates (hereinafter referred to as “the City”), or on its behalf, with any person, firm or corporation for the construction, reconstruction, erection, conversion, installation, alteration, repair, maintenance, renovation, razing, demolition, moving, removing, grading, paving, repaving, curbing, filling, excavation, or any other operation or work to be done or performed in, on, upon, or in connection with any building, bridge, viaduct, tunnel, tower, stack, or other structure, airport, land, highway, pier, wharf, sewer, drain, main, conduit, machinery, or mechanical, electrical, or other equipment. (b) This subtitle applies to each and every project approved by the Mayor and City Council on or after January 1, 2019, receiving funds from tax increment financing in excess of $10,000,000 in the aggregate to the extent those funds are used in whole or in part for the construction, reconstruction, erection, conversion, installation, alteration, repair, maintenance, renovation, razing, demolition, moving, removing, grading, paving, repaving, curbing, filling, excavation, or any other operation or work to be done or performed in, on, upon, or in connection with any building, bridge, viaduct, tunnel, tower, stack, or other structure, airport, land, highway, pier, wharf, sewer, drain, main, conduit, machinery, or mechanical, electrical, or other equipment. *History: Ord. 45-225* *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 89-309* *History: Ord. 19-226* #### § 25-3 Workday. Balt., Md., Code art. 5, § 25-3 (2026) (a) 8 hours shall constitute a regular work day for every laborer, mechanic, and apprentice working directly upon the site of the work for any contractor or subcontractor engaged in the performance of the contract. (b) All hours worked on Saturdays, Sundays and all hours worked in excess of 8 hours per day on Monday through Friday and all hours worked on such legal holidays as shall be designated by the Board of Estimates as overtime holidays constitute overtime hours. *History: Ord. 45-225* *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* #### § 25-4 Worker classifications. Balt., Md., Code art. 5, § 25-4 (2026) Every such laborer, mechanic, and apprentice shall be properly classified according to his trade and skill into a classification specifically set forth in the contract, which classification has been established by the Board of Estimates as provided herein. *History: Ord. 67-969* *History: Ord. 73-348* #### § 25-5 Prevailing wages - In general. Balt., Md., Code art. 5, § 25-5 (2026) (a) (1) Every mechanic, laborer, and apprentice shall be paid not less often than once a week, and without subsequent deduction or rebate on any account (except payroll deductions as are directed or permitted by law, by a collective bargaining agreement, or by specific written authorization from an employee), the full amount due at the time of payment computed at wage rates not less than the prevailing hourly wage rate established by the Board of Estimates and set forth in the contract. (2) No hourly employee, other than an apprentice, working directly upon the site of the work, may be paid less than the amount established for the lowest classification on the project. (b) (1) A copy of the prevailing hourly wage rates shall be kept posted by the contractor at the site of the work in a prominent place where it can be easily seen and read by the workers. (2) If a copy of the prevailing hourly wage rates is not posted, the contractor shall forfeit and pay to the City a penalty in the amount of $20 per day for each day on which the copy is not posted. Each day’s violation constitutes a separate offense. *History: Ord. 45-225* *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 89-309* *History: Ord. 08-085* #### § 25-6 Prevailing wages - Overtime. Balt., Md., Code art. 5, § 25-6 (2026) (a) The contractor and every subcontractor shall pay every such laborer, mechanic, or apprentice compensation at the overtime rates established by the Board of Estimates, which shall not be less than 1½ times the regular hourly rate of pay, for all hours worked in excess of 8 hours in any work day, on a Saturday, Sunday or a legal holiday designated as an overtime holiday by the Board of Estimates. (b) No overtime hours, however, shall be compensated for more than once and overtime shall be paid only on the regular hourly rate of pay and not on the fringe benefits or their cash equivalents, provided for in § 25-17 of this subtitle. *History: Ord. 45-225* *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 08-085* #### § 25-7 Prevailing wages - Sanctions for underpayment. Balt., Md., Code art. 5, § 25-7 (2026) (a) In the event that any such laborer, mechanic, or apprentice shall be paid less than the compensation to which he shall be entitled hereunder, the contractor shall make restitution to such affected employee for the amount due, and shall forfeit and pay to the City a penalty in the amount of $50 per day for each employee so underpaid. (b) Provided, however, that no penalty shall be assessed for wage violations to any individual which amount to a total of less than $1 in any payroll period. (c) Each day’s violation shall constitute a separate offense. *History: Ord. 45-225* *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 89-309* *History: Ord. 08-085* #### § 25-8 Prevailing wages - Workers’ complaints. Balt., Md., Code art. 5, § 25-8 (2026) (a) Any laborer, mechanic, or apprentice may within 1 year from the date of the incident file a protest in writing with the Wage Commission, objecting to the amount of wages paid for services performed by him on a public project as being less than the prevailing wages for such services. (b) (1) It is unlawful for any contractor or subcontractor to discharge, reduce the compensation of, or otherwise discriminate against any laborer, mechanic, or apprentice for making a complaint to the Wage Commission, participating in any of its proceedings, or availing himself or herself of any civil remedies. (2) In such a case, the Wage Commission may, pursuant to similar procedures as provided in Article 11, Subtitle 1 of the Baltimore City Code, as amended, order appropriate restitution or the reinstatement of such employee with backpay to the date of violation. *History: Ord. 73-348* *History: Ord. 04-672* *History: Ord. 08-085* #### § 25-9 Required records - In general. Balt., Md., Code art. 5, § 25-9 (2026) (a) The contractor and each of his subcontractors shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve them for a period of 3 years thereafter for all laborers, mechanics, and apprentices working directly upon the site of the work. (b) These records shall contain: (1) the name and address of each such employee; (2) his classification in accordance with the classifications fixed in the contract; (3) a designation of laborer, mechanic, or apprentice; (4) the number of hours worked each day; (5) the hourly wage rate; (6) the gross wages, deductions made, and actual wages paid; (7) a copy of the Social Security returns and evidence of payment thereof; (8) a record of fringe benefit payments including contributions to approved plans, funds, or programs and/or additional cash payments; and (9) such other data as may be required by the Board of Estimates from time to time. *History: Ord. 45-225* *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 04-672* #### § 25-10 Required records - Project payroll reports. Balt., Md., Code art. 5, § 25-10 (2026) (a) The contractor shall submit 2 complete copies of his weekly project payrolls and the weekly project payrolls of each of his subcontractors, consecutively numbered, not later than 14 days from the end of their respective payroll periods, 1 copy to be sent to the contracting agency, the other to the Wage Commission where the same will be available for public inspection during regular business hours. (b) The weekly project payrolls shall contain: (1) the name of the prime contractor and the subcontractor, if any; (2) a designation of the project and location; (3) the name, Social Security Number, and occupation of each employee; (4) his classification in accordance with the classifications fixed in the contract; (5) a designation of laborer, mechanic, or apprentice; (6) the number of hours worked daily by said employee at straight time and at overtime and his hourly wage rate for each; (7) the gross wages paid to said employee per week; and (8) such other data as may be required by the Board of Estimates from time to time. (c) The prime contractor shall be responsible for the submission of all subcontractors’ payrolls covering work performed directly at the work site. (d) Each copy of the payroll shall be accompanied by a statement signed by the contractor or the subcontractor, as the case may be, indicating: (1) that the payroll is correct; (2) that the wage rates contained therein are not less than those established by the Board of Estimates as set forth in the contract; (3) that the classification set forth for each laborer, mechanic, or apprentice conforms with the work he performed; and (4) that the contractor and the subcontractor, as the case may be, has complied with the provisions of this subtitle. *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* #### § 25-11 Required records - Delinquencies. Balt., Md., Code art. 5, § 25-11 (2026) (a) If the contractor is delinquent in submitting his or any of his subcontractors’ payrolls, processing of partial payment estimates may be held in abeyance pending receipt of the payrolls. (b) In addition, if the contractor is delinquent in submitting any payroll, the contractor shall forfeit and pay to the City a penalty of $10 for each calendar day that the weekly payroll is late. *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 08-084* #### § 25-12 Mechanics, apprentices, and laborers. Balt., Md., Code art. 5, § 25-12 (2026) (a) (1) On any project which is operating under a contract pursuant to the provisions of this subtitle, only competent mechanics and their apprentices of the trades, crafts, and occupations involved shall be employed by the contractor and his subcontractors on the project, provided that for each such project, the ratio of mechanics to apprentices for each trade craft or occupation shall be as established by the Maryland Apprenticeship and Training Council in connection with an approved apprenticeship program. (2) Provided, that whenever an apprentice is employed on any project which is operating under a contract pursuant to the provisions of this subtitle, the Wage Commission shall be notified of such employment. (b) (1) Nothing in this subtitle prevents the employment of laborers to perform work not ordinarily performed by a skilled mechanic or his or her apprentice of the trade, craft, or may perform work ordinarily performed by a skilled mechanic or apprentice of the trade, craft, or occupation. (2) Where a laborer performs the work ordinarily performed by any skilled mechanic or his or her apprentice, she or he shall be paid for the entire time she or he has performed that work at the prevailing hourly wage rate applicable to a skilled mechanic; and in the event of underpayment, restitution shall be made by the contractor to the employee and in addition, the contractor shall be subject to a penalty as set forth in this section. (c) (1) If the contractor or subcontractor utilizes more apprentices than permitted under the ratio established under the provisions of this subtitle, the contractor shall forfeit and pay to the City a penalty in the amount of $20 per day per employee for each violation. Each day’s violation shall constitute a separate offense. (2) If the contractor or subcontractor pays an employee a laborer’s wage rate when the employee is performing work ordinarily performed by a skilled mechanic or a skilled mechanic’s apprentice, the contractor shall forfeit and pay to the City a penalty in the amount of $50 per day per employee for each violation. Each day’s violation shall constitute a separate offense. *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 89-309* *History: Ord. 08-085* #### § 25-13 Withholding payments. Balt., Md., Code art. 5, § 25-13 (2026) (a) The City may withhold or cause to be withheld from the contractor so much of the accrued payments as may be considered necessary: (1) to pay such laborers, mechanics, and apprentices employed by the contractor or any subcontractor the full amount of wages required by the provisions of this subtitle; and (2) to satisfy any liability of any contractor or subcontractor for any penalties as provided herein. (b) The City may also withhold payments from any contractor who has failed to post and keep posted a copy of the regular hourly rates as required herein, until such default shall have been corrected. *History: Ord. 67-969* *History: Ord. 73-348* #### § 25-14 Investigations. Balt., Md., Code art. 5, § 25-14 (2026) (a) It shall be the responsibility of the contracting agency to promptly examine all weekly project payrolls submitted by contractors and subcontractors working upon the job site for compliance with the provisions of this subtitle and the regulations promulgated in pursuance thereof and to report any irregularities to the Wage Commission. (b) (1) The Wage Commission shall cause investigations to be made as may be necessary to determine whether there has been compliance with the provisions of this subtitle and the regulations promulgated thereunder, and contained in the contract. (2) The contractor and subcontractors shall permit representatives of the City to observe work being performed upon the work site, to interview employees, and to examine the books and records relating to the payrolls on the project being investigated to determine the correctness of classifications, ratios or apprentices to mechanics and any payment of proper regular and overtime rates as required. (3) Complaints of alleged violations shall be investigated promptly and statements, written or oral, made by an employee shall be treated as confidential and shall not be disclosed to his employer without the consent of the employee. (c) (1) If necessary for the enforcement of this subtitle, the Wage Commission may issue subpoenas, compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records necessary for hearings, investigations, and proceedings. (2) Any such subpoena shall be served by the Sheriff of Baltimore City or any of his deputies. (3) In case of disobedience to a subpoena, the Wage Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. Said court, in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses or the production of such books, papers, records and documents, as the case may be, is relevant or necessary for such hearings, investigations or proceedings of the Wage Commission, may issue an order requiring the attendance or testimony of such witnesses or the production of such books, papers, records and documents, and any failure to obey such order of court may be punishable by the court as contempt thereof. *History: Ord. 67-969* *History: Ord. 73-348* #### § 25-15 Penalties. Balt., Md., Code art. 5, § 25-15 (2026) (a) If the Board of Estimates, upon recommendation from the Wage Commission after notice and hearing, determines that any contractor or subcontractor has failed to pay the prevailing wage rate or has otherwise violated the provisions of this subtitle and that the failure was intentional, no contract may be awarded to that contractor or subcontractor, or to any firm, corporation or partnership in which that contractor or subcontractor has an interest until 1 year has elapsed from the date of the determination. (b) (1) And provided, further, that any such intentional violation of the provisions of this subtitle shall be a misdemeanor, punishable upon conviction by a fine of not more than $500. (2) Proceedings before the Wage Commission shall not be considered a precondition to criminal prosecution under this subtitle. *History: Ord. 45-225* *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 08-085* #### § 25-16 Schedules of prevailing wage rates. Balt., Md., Code art. 5, § 25-16 (2026) (a) (1) The Board of Estimates may adopt, establish, repeal, modify, change, or amend, from time to time, schedules of prevailing hourly wage rates to be paid to all classes of laborers, mechanics, or apprentices directly employed by any contractor or any subcontractor on the site in any of the various types of work or projects mentioned in or contemplated by this subtitle. (2) These schedules of prevailing hourly wage rates shall be reviewed and revised by the Board of Estimates at least once every year to conform to the area prevailing hourly wage rates. (b) (1) The revision may be based on recommendations by the prevailing wage section of the Wage Commission. (2) The schedules of prevailing hourly wage rates, including overtime rates for all hours worked on Saturdays and Sundays, and all hours worked in excess of 8 hours per day on Monday through Friday, and all hours worked on legal holidays designated as overtime holidays by the Board of Estimates may not be less in amount than the general prevailing hourly wage rates being paid to laborers, mechanics, and apprentices for doing work of a similar character in the locality in which the project is located. (3) These general prevailing hourly wage rates shall be determined by the Board of Estimates whose decision in the matter is final. (c) Nothing in this Ordinance limits or restricts in any way the power and authority of the Board of Estimates to classify the type of work to be done for the Mayor and City Council of Baltimore and to establish schedules of prevailing hourly wage rates for these classifications. *History: Ord. 45-225* *History: Ord. 59-1960* *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 08-085* #### § 25-17 “Prevailing” wage rates defined; obligation to pay. Balt., Md., Code art. 5, § 25-17 (2026) (a) (1) In this subtitle,“prevailing hourly wage rate(s)” includes: (i) the regular hourly rate of pay; and (ii) the amount of: (A) the rate of contribution irrevocably made by a contractor, subcontractor, or third person pursuant to a fund, plan, or program that provides for medical or hospital care, pensions on retirement or death, compensation for time lost from work due to injuries or illness, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of these, for unemployment benefits, life insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by federal, state, or local law to provide any of these benefits; and (B) the rate of costs to the contractor or subcontractor that may be incurred in providing the fringe benefits specified in subparagraph (A) to laborers, mechanics, and apprentices pursuant to an enforceable commitment to carry out a financially responsible plan or program that is communicated to the laborers, mechanics, and apprentices affected. (2) The amount referred to in paragraph (1)(ii)(A) shall be determined by the Board of Estimates on the basis of those fringe benefits found to be generally prevailing for laborers, mechanics, and apprentices doing work of a similar character in the locality in which the project is located. The decision of the Board of Estimates is final. (b) The obligation of a contractor or subcontractor to make payment in accordance with the schedules of prevailing hourly wage rates established by the Board of Estimates and fixed in contracts under this subtitle may be discharged by making payments in cash, by making contributions of any type referred to in subsection (a)(1)(ii)(A), or by assuming a plan or program of a type referred to in subsection (a)(1)(ii)(B), or any combination of these, where the aggregate of the payments, contributions, and costs is not less than the rate of pay described in subsection (a)(1)(i) plus the amount referred to in subsection (a)(1)(ii). *History: Ord. 67-969* *History: Ord. 73-348* *History: Ord. 08-085* #### § 25-18 Board of Estimates to adjudicate and assess. Balt., Md., Code art. 5, § 25-18 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Estimates is hereby authorized and empowered to make any and all rules and regulations that, from time to time, may be necessary to effectuate the purpose of this subtitle, including, but not limited to, the authority to make a final determination as to the amount of restitution and the amount of liquidated damages to be assessed for violations of the provisions of this subtitle. (b) In no event shall such determination of restitution preclude an employee from instituting suit to recover any underpayments due him. *History: Ord. 45-225* *History: Ord. 67-969* *History: Ord. 73-348* *History: Text Conformed 02/14/21* #### § 25-19 Effect of federal law. Balt., Md., Code art. 5, § 25-19 (2026) (a) In case of any conflict between any provision of this subtitle or any minimum wage rate or any rule or regulation established or adopted by the Board of Estimates under the authority of this subtitle, and any provision of, or minimum wage rate or rule or regulation established by, contained or provided in, or contemplated by, any agreement, and any papers forming a part thereof, between the Mayor and City Council of Baltimore and the federal government, or any agency thereof, then the provision or minimum wage rate or rule or regulation of such agreement shall control. (b) (1) In the event that the provisions of the Federal Davis-Bacon Act are suspended as authorized by § 6 of said Act then the Board of Estimates, during the period of such suspension of the Davis-Bacon Act, may suspend the application of the provisions of this subtitle with respect to any project upon which the United States Secretary of Labor would have been required to make a prevailing wage determination under said Davis-Bacon Act. (2) Provided that if only a portion of a particular project requires a prevailing wage determination by the United States Secretary of Labor, the Board of Estimates may suspend the application of the provisions of this subtitle with respect to that portion only or with respect to the entire particular project in its discretion. (3) Provided, however, that nothing herein contained shall be deemed to affect in any manner the provisions of this subtitle as they apply to non-federally funded projects. *History: Ord. 45-225* *History: Ord. 71-1020* #### § 25-20 Existing contracts excepted. Balt., Md., Code art. 5, § 25-20 (2026) Nothing contained herein shall in any manner affect or apply to any existing contract to which the Mayor and City Council of Baltimore is a party or to any contract that the Mayor and City Council of Baltimore may enter into pursuant to invitations for bids issued by the municipality prior to October 1, 1945. *History: Ord. 45-225* #### § 25-21 Inconsistent laws repealed. Balt., Md., Code art. 5, § 25-21 (2026) Any and all laws or ordinances and any and all parts of any and all laws or ordinances in force in the City of Baltimore inconsistent with the provisions of this subtitle are hereby repealed to the extent of any such inconsistency. *History: Ord. 45-225* #### § 25-22 Balt., Md., Code art. 5, § 25-22 (2026) Reserved #### § 25-23 Effect of repeal. Balt., Md., Code art. 5, § 25-23 (2026) The repeal by this subtitle of any provision of law shall not revive any law heretofore repealed or superseded, nor shall any such repeal affect any act done, liability incurred, or any right accrued or vested, or affect, or abate, or prevent any right or penalty or punishment of any offense under the authority of such repealed laws. *History: Ord. 45-225* ### Subtitle 26 – Living Wages for Work Under Service Contracts #### § 26-1 Definitions. Balt., Md., Code art. 5, § 26-1 (2026) (a) In this subtitle, the following terms have the meanings indicated unless the context clearly requires a different meaning. (b) “Index” means the most recent available figure stated in the publication “Poverty in the United States”, published by the Bureau of the Census and updated on an annual basis, which defines the national poverty level for a family of 4. (c) “Living hourly wage rate” means the rate established by the Board of Estimates under the formula set forth in § 26-16 of this subtitle, as the minimum hourly wage rate that must be paid a worker employed by a service contractor. (d) (e) “Service contract” means a contract designated by the Board of Estimates on the recommendation of the City Purchasing Agent as a service contract that is awarded to a service contractor. (f) “Service contractor” means the person awarded a City service contract and includes all subcontractors of that person. (g) “Service worker” means any non-professional employee of a service contractor, as defined by the Board of Estimates. *History: Ord. 94-442* *History: Ord. 04-672* *History: Ord. 08-085* #### § 26-2 Scope of subtitle. Balt., Md., Code art. 5, § 26-2 (2026) The provisions of this subtitle shall apply exclusively to service contracts and shall not be construed to conflict with Subtitle 25 of this article on Construction Contracts or any provisions on construction contracts as provided in this subtitle. *History: Ord. 94-442* #### § 26-3 Workday. Balt., Md., Code art. 5, § 26-3 (2026) 8 hours shall constitute a regular work day for every individual working directly for any service contractor or subcontractor engaged in the performance of a service contract. *History: Ord. 94-442* #### § 26-4 Worker classifications. Balt., Md., Code art. 5, § 26-4 (2026) Employees of service contractors shall be classified as service workers or non-service workers as specifically set forth in the contract, pursuant to the classification schedule established by the Board of Estimates. *History: Ord. 94-442* #### § 26-5 Living wages - In general. Balt., Md., Code art. 5, § 26-5 (2026) (a) (1) Every service worker shall be paid not less often than biweekly, and without subsequent deduction or rebate on any account (except payroll deductions as are directed or permitted by law, by a collective bargaining agreement, or by specific written authorization from an employee), the full amount due at the time of payment computed at wage rates not less than the living hourly wage rate established by the Board of Estimates and set forth in the service contract. (2) A service worker may not be paid less than the amount established by the Board of Estimates for the living hourly wage rate for a service contract. (b) A copy of the living hourly wage rate for the service contract shall be kept posted by the service contractor at the site of the work in a prominent place where it can be easily seen and read by the service workers. At the request of a service worker, a copy shall be given to the service worker within a reasonable period after the request. *History: Ord. 94-442* *History: Ord. 08-085* #### § 26-6 Living wages - Overtime. Balt., Md., Code art. 5, § 26-6 (2026) (a) The service contractor shall pay the service worker compensation at the overtime rates established by the Board of Estimates, which shall not be less than 1½ times the regular hourly rate of pay, for all hours worked in excess of 8 hours in any work day, or 40 hours in any work week. (b) Overtime hours, however, shall not be compensated for more than once and overtime shall be paid only on the regular hourly rate of pay and not on the fringe benefits, other personnel costs, or their cash equivalents. (c) (1) No service contractor shall be deemed to have violated subsection (a) of this section by employing any service worker for a workweek or workday in excess of the applicable workweek or workday specified therein, if: (i) the service worker’s regular rate of pay (hourly rate plus commission) is in excess of one and one-half times the living hourly wage rate established by the Board of Estimates, and (ii) more than half the service worker’s compensation for a representative period (not less than one month) represents commissions on goods or services. (2) In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee (as those terms are used in the Federal Fair Labor Standards Act). *History: Ord. 94-442* *History: Ord. 08-085* *History: Ord. 11-497* #### § 26-7 Living wages - Sanctions for underpayment. Balt., Md., Code art. 5, § 26-7 (2026) (a) (1) In the event that any service worker is paid less than the compensation to which the service worker is entitled to under this subtitle, the service contractor shall make restitution to the service worker for the amount due, and shall forfeit and pay to the City a penalty in the amount of $50 per day for each employee so underpaid. (2) Provided, however, that the penalty shall not be assessed for wage violations to any individual which amount to a total of less than $1 in any payroll period. (3) Each day’s violation shall constitute a separate offense. (b) On recommendation of the Wage Commission, when a service contractor has paid fines on more than 3 service contracts in a 2-year period, the Board of Estimates may prohibit a service contract vendor from participating in the bid process for up to 3 years. *History: Ord. 94-442* #### § 26-8 Living wages - Workers’ complaints. Balt., Md., Code art. 5, § 26-8 (2026) (a) Within 1 year from the date of the incident, any service worker may file a protest in writing with the Wage Commission, objecting to the wages paid for services performed by the service worker on a service contract as being less than the living hourly wage rate for those services. (b) (1) A service contractor shall not discharge, reduce the compensation of, or otherwise discriminate against any service worker for making a complaint to the Wage Commission, participating in any of its proceedings, or using any civil remedies. (2) In such a case, the Wage Commission may, pursuant to similar procedures as provided in Article 11, Subtitle 4 of the Baltimore City Code, as amended, order appropriate restitution and the reinstatement of such employee with back pay to the date of violation. *History: Ord. 94-442* *History: Ord. 04-672* *History: Ord. 08-085* #### § 26-9 Required records - In general. Balt., Md., Code art. 5, § 26-9 (2026) (a) The service contractor shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve them for a period of 3 years thereafter for all service workers working directly upon the service contract. (b) The records shall contain: (1) the name and address of each service worker; (2) the service worker’s classification in accordance with the classifications fixed in the contract; (3) the number of hours worked each day; (4) the applicable living hourly wage rate; (5) the gross wages, deductions made, and actual wages paid; (6) a copy of the Social Security returns and evidence of their payment; (7) a record of fringe benefit payments including contributions to approved plans, funds, or programs and any additional cash payments; and (8) any other data that the Board of Estimates requires from time to time. *History: Ord. 94-442* *History: Ord. 04-672* *History: Ord. 08-085* #### § 26-10 Required records - Project payroll reports. Balt., Md., Code art. 5, § 26-10 (2026) (a) The service contractor shall submit 2 complete copies of the project payrolls and the project payrolls of each subcontractor, consecutively numbered, not later than 14 days from the end of their respective payroll periods, 1 copy to be sent to the contracting agency, the other to the Wage Commission where the same will be available for public inspection during regular business hours. (b) The project payrolls shall contain: (1) the name of the prime service contractor and any subcontractor, if any; (2) a designation of the project and location; (3) the name, Social Security Number, and occupation of each employee; (4) the classification in accordance with the classifications fixed in the contract; (5) the number of hours worked daily by the service worker at straight time and at overtime and the hourly wage rate for each; (6) the gross wages paid to the service worker per pay period; and (7) such other data as may be required by the Board of Estimates from time to time. (c) The prime service contractor shall be responsible for the submission of all subcontractors’ payrolls covering work performed. (d) Each copy of the payroll shall be accompanied by a statement signed by the contractor or the subcontractor, as the case may be, indicating: (1) that the payroll is correct; (2) that the wage rates contained therein are not less than those established by the Board of Estimates as set forth in the contract; (3) that the classification set forth for each service worker conforms with the work that the service worker performed; and (4) that the service contractor has complied with the provisions of this subtitle. *History: Ord. 94-442* #### § 26-11 Required records - Delinquencies. Balt., Md., Code art. 5, § 26-11 (2026) (a) If the service contractor is delinquent in submitting any payrolls, processing of partial payment estimates may be held in abeyance pending receipt of the payrolls. (b) In addition, if the contractor is delinquent in submitting any payroll, the contractor shall forfeit and pay to the City a penalty of $10 for each calendar day that the payroll is late. *History: Ord. 94-442* *History: Ord. 08-084* #### § 26-12 Balt., Md., Code art. 5, § 26-12 (2026) Reserved #### § 26-13 Withholding payments. Balt., Md., Code art. 5, § 26-13 (2026) (a) The City may withhold or cause to be withheld from the service contractor so much of the accrued payments as may be considered necessary to: (1) pay the service workers employed by the service contractor the full amount of wages required by the provisions of this subtitle; and (2) satisfy any liability of any contractor for any penalties as provided herein. (b) The City may also withhold payments from any service contractor who has failed to post and keep posted a copy of the living hourly wage rate, as required by this subtitle, until the default has been corrected. *History: Ord. 94-442* *History: Ord. 08-085* #### § 26-14 Investigations. Balt., Md., Code art. 5, § 26-14 (2026) (a) It shall be the responsibility of the contracting agency to promptly examine all weekly project payrolls submitted by service contractors working on a service contract for compliance with the provisions of this subtitle and the regulations promulgated in pursuance thereof and to report any irregularities to the Wage Commission. (b) (1) The Wage Commission shall cause investigations to be made as may be necessary to determine whether there has been compliance with the provisions of this subtitle and the regulations promulgated thereunder, and contained in the contract. (2) The service contractor shall permit representatives of the City to observe work being performed upon the work site, to interview service workers, and to examine the books and records relating to the payrolls on the project being investigated to determine the correctness of classifications and any payment of proper regular and overtime rates as required. (3) Complaints of alleged violations shall be investigated promptly and statements, written or oral, made by a service worker shall be treated as confidential and shall not be disclosed to the service contractor without the consent of the service worker. (c) (1) If necessary for the enforcement of this subtitle, the Wage Commission may issue subpoenas, compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records necessary for hearings, investigations, and proceedings. (2) Any such subpoena shall be served by the Sheriff of Baltimore City. (3) In case of disobedience to subpoena, the Wage Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. Said court in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses of the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigations or proceedings of the Wage Commission, may issue an order requiring the attendance or testimony of such witnesses or the production of such order of court may be punishable by the court as contempt thereof. *History: Ord. 94-442* #### § 26-15 Penalties. Balt., Md., Code art. 5, § 26-15 (2026) (a) If the Board of Estimates, upon recommendation from the Wage Commission after notice and hearing, determines that any service contractor has failed to pay the living wage rate or has otherwise violated the provisions of this subtitle and that the failure was intentional, no contract may be awarded to that service contractor, or to any person in which that service contractor has an interest until 1 year has elapsed from the date of the determination. (b) (1) And provided, further, that any such intentional violation of the provisions of this subtitle shall be a misdemeanor, punishable upon conviction by a fine of not more than $500. (2) Proceedings before the Wage Commission shall not be considered a precondition to criminal prosecution under this subtitle. *History: Ord. 94-442* *History: Ord. 08-085* #### § 26-16 Establishment of living wage. Balt., Md., Code art. 5, § 26-16 (2026) (a) The living hourly wage rate shall be as established by Resolution of the Board of Estimates. (b) (1) By December 15 of each year, the Wage Commission shall recommend to the Board of Estimates a revised living hourly wage rate for the next fiscal year. (2) This rate shall be based upon the Index and other factors the Commission is authorized to consider. (c) The ongoing goal is to achieve a rate that exceeds the poverty level, as defined in the Index. *History: Ord. 94-442* *History: Ord. 08-085* #### § 26-17 Goal of 40-hour work week. Balt., Md., Code art. 5, § 26-17 (2026) As a matter of policy it is a continuing goal to submit bids based on a 40-hour work week for service workers. *History: Ord. 94-442* #### § 26-18 Manner of administration. Balt., Md., Code art. 5, § 26-18 (2026) The Board of Estimates and the Wage Commission shall administer and enforce the provisions of this subtitle in the same manner that the Board of Estimates and the Wage Commission administer and enforce the provisions of Subtitle 25 of this article on Construction Contracts. *History: Ord. 94-442* ### Subtitle 26A – Labor Trafficking Notice Requirements #### § 26A-1 Applicability. Balt., Md., Code art. 5, § 26A-1 (2026) The requirements of this subtitle apply to: (1) construction contracts, including: (i) contracts in excess of $5,000 made by the Board of Estimates, or on its behalf, with any person, firm, or corporation for the construction, reconstruction, erection, conversion, installation, alteration, repair, maintenance, renovation, razing, demolition, moving, removing, grading, paving, repaving, curbing, filling, excavation, or any other operation or work to be done or performed in, on, upon, or in connection with any building, bridge, viaduct, tunnel, tower, stack, or other structure, airport, land, highway, pier, wharf, sewer, drain, main, conduit, machinery, or mechanical, electrical, or other equipment; (ii) each and every project approved by the Mayor and City Council on or after January 1, 2021, receiving funds from tax increment financing in excess of $10,000,000 in the aggregate to the extent those funds are used in whole or in part for the construction, reconstruction, erection, conversion, installation, alteration, repair, maintenance, renovation, razing, demolition, moving, removing, grading, paving, repaving, curbing, filling, excavation, or any other operation or work to be done or performed in, on, upon, or in connection with any building, bridge, viaduct, tunnel, tower, stack, or other structure, airport, land, highway, pier, wharf, sewer, drain, main, conduit, machinery, or mechanical, electrical, or other equipment; and (2) service contracts, as defined in § 26-1(e) of this article. *History: Ord. 22-10* #### § 26A-2 Requirements. Balt., Md., Code art. 5, § 26A-2 (2026) (1) The prime contractor must post a sign that states the following: (2) The sign must: (i) be at least 16 by 20 inches in size; (ii) contain the text required under subsection (1) of this section in English, Spanish, and any other languages required by the federal Voting Rights Act for voting materials in Baltimore City; and (iii) draw attention to the phone and text numbers of the National Human Trafficking Resource Center Hotline by showing the phone and text numbers in bold type. (3) The prime contractor may meet the requirements of this section by creating their own signs using a font size of not less than 30 points for the hotline and text numbers and a font size of not less than 12 points for the body text, or using copies of the signs created and made available online by the United States Department of Homeland Security’s Blue Campaign website. *History: Ord. 22-10* #### § 26A-3 Sign location. Balt., Md., Code art. 5, § 26A-3 (2026) A copy of the labor trafficking sign required by § 26A-2 {“Requirements”} of this subtitle shall be posted by the contractor at the site of the work in a clear and conspicuous place where it can be easily seen and read by the workers. Example areas include break rooms, locker rooms, cafeterias, and other similar locations. *History: Ord. 22-10* #### § 26A-4 Penalties for failure to post signage. Balt., Md., Code art. 5, § 26A-4 (2026) (a) (1) A citation under this section may only be issued after the issuance of a written warning and a failure to correct the violation within 30 days of the date of the warning. (2) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day a violation continues is a separate offense. *History: Ord. 22-10* ### Subtitle 27 – Local Hiring #### § 27-1 Definitions. Balt., Md., Code art. 5, § 27-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Beneficiary” means any person who: (1) has a contract with the City for more than $300,000; or (2) will benefit from more than $5,000,000 in assistance for a City-subsidized project. (c) “City-subsidized project” means any project for which the City or any of its agents or contractors provides funds, resources, or financial assistance, including: (1) the sale or transfer of land substantially below its appraised value; (2) payment in lieu of taxes; (3) tax increment financing; (4) grants or loans that equal or exceed 15% of total projected project costs; or (5) installation or repair of physical infrastructure directly related to the project and with value equal to or exceeding 5% of total projected project costs. (d) “MOED” means the Mayor’s Office of Employment Development. (e) *History: Ord. 13-142* *History: Ord. 22-125* #### § 27-2 Scope of subtitle. Balt., Md., Code art. 5, § 27-2 (2026) (a) This subtitle applies to every contract for more than $300,000 made by the City, or on its behalf, with any person. (b) This subtitle applies to every agreement authorizing assistance valued at more than $5,000,000 to a City-subsidized project. *History: Ord. 13-142* #### § 27-3 Balt., Md., Code art. 5, § 27-3 (2026) Reserved #### § 27-4 Employment analysis. Balt., Md., Code art. 5, § 27-4 (2026) Before the disbursement of any City funds, the beneficiary must perform an employment analysis with MOED to determine how many jobs will be required to complete the contract or project and how many of those jobs will require new hiring. *History: Ord. 13-142* #### § 27-5 Initial hiring to be through MOED. Balt., Md., Code art. 5, § 27-5 (2026) All new jobs needed for the contract or project must be posted through MOED for a period of 7 days before being publically advertised. *History: Ord. 13-142* #### § 27-6 New employees to be Baltimore City residents. Balt., Md., Code art. 5, § 27-6 (2026) (a) At least 51% of the new jobs required to complete the contract or project must be filled by Baltimore City residents. (b) MOED may waive or lower the requirement of subsection (a) of this section if it finds that: (1) a good faith effort to comply has been made by the beneficiary; (2) the beneficiary is located outside the Baltimore Standard Metropolitan Statistical Area and none of the contract work is performed inside the Baltimore Standard Metropolitan Statistical Area; (3) the beneficiary has entered into a satisfactory special workforce development training or placement arrangement with MOED; or (4) there are insufficient numbers of Baltimore City residents in the labor market who possess the skills required by the new jobs needed to be filled for the contract or project. *History: Ord. 13-142* #### § 27-7 Rules and regulations. Balt., Md., Code art. 5, § 27-7 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, MOED may adopt rules and regulations to carry out this subtitle or to clarify any terms or phrases in this subtitle. *History: Ord. 13-142* *History: Text Conformed 02/14/21* #### § 27-8 Employment plans. Balt., Md., Code art. 5, § 27-8 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Economically disadvantaged individual” has the meaning stated in State Finance and Procurement Article § 14-301. (3) “Socially and economically disadvantaged individual” has the meaning stated in State Finance and Procurement Article § 14-301. (4) “Socially disadvantaged individual” has the meaning stated in State Finance and Procurement Article § 14-301. (b) (1) A bidder responding to a solicitation that qualifies them as a “beneficiary” under § 25-1(b) of this article must include in their bid or proposal an initial employment plan outlining the bidder’s strategy to: (i) comply with the local hiring requirements of this subtitle; and (ii) hire economically disadvantaged, socially disadvantaged, or economically and socially disadvantaged individuals. (2) The Director of the Department of Finance shall determine whether an initial employment plan submitted under this subsection contains the information required in paragraph (4) of this subsection. (3) The Director of the Department of Finance’s determination that the initial employment plan contains the information required in paragraph (4) of this subsection is worth 10% of the overall score of the bid or proposal. (4) An initial employment plan must include the following: (i) descriptions of the health and retirement benefits provided to employees who will be employed on the project; (ii) a description of the bidder’s efforts to provide City residents with ongoing employment and training opportunities after they complete work on the job for which they were initially hired; (iii) a detailed description of the bidder’s efforts to hire and retain at least 50% of its total workforce those who constitute economically disadvantaged, socially disadvantaged, and socially and economically disadvantaged individuals; (iv) a description of past compliance with all contract requirements detailed in this article, including whether the bidder has filed all information required by reporting requirements for recent contracts on time; (v) a strategy, developed in conjunction with MOED staff, to ensure that City residents who work on the project or contract receive ongoing employment and training opportunities after they complete work on the job for which they were initially hired and a review of past practices in continuing to employ City residents from one project or contract to the next; and (vi) a strategy, developed in conjunction with MOED staff, to hire graduates of the Baltimore City Public School System, Baltimore City public charter schools, community-based job training providers, and hard-to-employ residents. (c) The winning bidder must submit a revised employment plan that includes the following information to MOED for approval prior to beginning work associated with the relevant government project or contract and within 2 weeks of receiving a notice to proceed from the awarding agency: (1) a timetable outlining the total hours worked by trade over the entire project or contract and an associated hiring schedule; (2) descriptions of the skill requirements by job title or position, including industry-recognized certifications required for the different positions; (3) a strategy to fill the hours required to be worked by City residents pursuant to this subtitle, including informing contractors and subcontractors about these requirements and creating outreach partnerships with the University of Baltimore, Baltimore City Community College, the Mayor’s Office of Employment Development, or other government-approved, community-based job training providers; (4) the designation of a senior official from the general contractor who will be responsible for implementing the hiring and reporting requirements; (5) descriptions of the health and retirement benefits that will be provided to City residents working on the project or contract; (6) the minutes of at least 1 meeting the bidder had with MOED staff during which MOED staff and the bidder worked together to ensure that City residents who work on the project or contract receive ongoing employment and training opportunities after they complete work on the job for which they were initially hired; (7) a review of past practices regarding the bidder’s employment of City residents from one project or contract to the next; and (8) the minutes of at least 1 meeting the bidder had with MOED staff during which MOED staff and the bidder worked together to ensure that the bidder hires graduates of the Baltimore City Public School System, Baltimore City public charter schools, community-based job training providers, and hard-to-employ residents. (d) Throughout the course of the project, the bidder must provide the following information to MOED on a monthly basis: (1) the total number of hours worked on the project or contract by trade; (2) the total number of hours of work by journeymen, by trade, worked over the course of the project or contract and the total number of hours of work by journeymen, by trade, worked by City residents; (3) the total number of hours by apprentices, by trade, worked over the course of the project or contract and the total number of hours by apprentices, by trade, worked by City residents; (4) the total number of hours by skilled laborers, by trade, worked over the course of the project or contract and the total number of hours by skilled laborers, by trade, worked by City residents; (5) the total number of hours by non-skilled laborers worked over the course of the project or contract and the total number of hours of non-skilled laborers worked by City residents; and (6) the total number of hours worked over the course of the project or contract by: (i) employees who constitute economically disadvantaged, socially disadvantaged, or socially and economically disadvantaged individuals; (ii) employees who meet the local hiring requirements of this subtitle, which include posting job openings with MOED, having City residents comprise at least 51% of the bidder’s employees, and complying with monthly reporting requirements; and (iii) City residents who constitute economically disadvantaged, socially disadvantaged, or socially and economically disadvantaged individuals. (e) MOED must require any beneficiaries of government-assisted projects or contracts under this subtitle that are not awarded through the contracting process to develop and submit to MOED the employment plan required in subsection (c) of this section. (f) Once approved, the employment plan required by subsection (c) of this section may not be amended except with the approval of MOED. *History: Ord. 21-045* #### § 27-9 Required reports. Balt., Md., Code art. 5, § 27-9 (2026) In each month of the contract or project the beneficiary must submit a report to MOED, on the form designated by MOED, that includes the following: (1) the number of employees needed for the contract or project; (2) the number of current employees transferred; (3) the number of new job openings created; (4) the number of job openings listed with MOED; (5) the total number of Baltimore City residents hired for the reporting period and the cumulative total number of Baltimore City residents hired; (6) total number of all employees hired for the reporting period and the cumulative total of employees hired; and (7) for each new hire during the reporting period, the new hire’s: (i) name; (ii) social security number; (iii) job title; (iv) hire date; (v) residence; and (vi) referral source. *History: Ord. 13-142* *History: Ord. 21-045* #### § 27-10 Balt., Md., Code art. 5, § 27-10 (2026) Reserved #### § 27-11 Penalties. Balt., Md., Code art. 5, § 27-11 (2026) (a) If the Board of Estimates, on recommendation from MOED, and after notice and hearing, determines that any beneficiary has violated the provisions of this subtitle and that the failure was intentional, no contract may be awarded to that beneficiary, or to any firm, corporation, or partnership in which that beneficiary has an interest, until 1 year has elapsed from the date of the determination. (b) An intentional violation of any provision of this subtitle is a misdemeanor, and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 13-142* ### Subtitle 28 – Minority and Women’s Business Enterprises; Small Local Business Enterprises #### Chapter 1 – General Provisions ##### Part I – Definitions; General Provisions ###### § 28-1 Definitions. Balt., Md., Code art. 5, § 28-1 (2026) (a) In this subtitle, the following terms have the meanings indicated unless the context clearly requires a different meaning. (b) “Baltimore City Market Area” means Baltimore City, Baltimore County, Anne Arundel County, Howard County, Harford County, Carroll County, and Queen Anne’s County. (c) “Bid” means a response to: (1) an invitation to bid; or (2) a request for proposals. (d) “Business enterprise” means a corporation, limited liability company, partnership, individual, sole proprietorship, joint stock company, joint venture, professional association, or any other legal entity operated for profit that is properly licensed and otherwise authorized to do business in the State of Maryland. (e) “Chief” means the Chief of the Minority and Women’s Business Opportunity Office. (f) (1) “Construction” means building, altering, repairing, improving, or demolishing any structure, building, street, utility, or other improvement to real property. (2) “Construction” includes: (i) building construction; (ii) heavy construction (road construction and bridge construction); and (iii) specialty trades construction (e.g., carpentry, electrical, and plumbing). (g) “Contracting agency” means the City agency, department, or authorized representative that issues invitations to bid or requests for proposals. (h) “Contractor” means the person, firm, or legal entity with which the City has entered into an agreement. (i) (j) “Joint venture” means an association between business enterprises that provides for the sharing of economic interest. (k) “Manufacturer” means a business enterprise that: (1) produces goods from raw materials or substantially alters or fabricates them before resale; and (2) assumes the actual and contractual responsibility for providing the materials and supplies. (l) “Office” means the Minority and Women’s Business Opportunity Office. (m) “Purchasing” means the buying, renting, leasing, or otherwise obtaining or acquiring any supplies, materials, equipment, or services. (n) “Sole proprietorship” means a business enterprise that is 100% owned, operated, and controlled by 1 individual. (o) “Subcontractor” means a business enterprise that has a direct contract with a contractor to perform part of the work on a contract. (p) “Supplier” means a business enterprise that: (1) furnishes needed items to a contractor; and (2) either: (i) is involved in the manufacture or distribution of the supplies or materials; or (ii) otherwise warehouses and ships the supplies. *History: Ord. 00-098* *History: Ord. 07-606* *History: Ord. 16-595* *History: Ord. 22-124* ###### § 28-2 Liberal construction. Balt., Md., Code art. 5, § 28-2 (2026) The provisions of this subtitle are to be liberally construed to accomplish its policies and purposes. *History: Ord. 00-098* *History: Ord. 16-595* *History: Ord. 22-125* ###### § 28-3 Legislative findings and policy. Balt., Md., Code art. 5, § 28-3 (2026) (a) (1) The Mayor and City Council makes the findings contained in this subsection, on full consideration of: (i) the extensive findings made by an independent task force prior to the enactment of Ordinance 90-610; (ii) the evidence of significant levels of utilization disparity identified by the 2000 Disparity Study; (iii) hearings held by the City Council; (iv) the extensive findings of the 2022 Disparity Study, “The State of Minority and Women-Owned Business enterprise: Evidence from Baltimore”; (v) the findings of the City Council that the prevalence of contract awards to large, non-local, businesses has significantly contributed to underutilization of minority and women’s business enterprises; and (vi) all other relevant facts. (2) Past discrimination in the City’s contracting process by prime contractors against minority and women’s business enterprises has resulted in significant underutilization of minority and women’s business enterprises in contracts awarded by the City of Baltimore. As determined by the 2022 Disparity Study, this disparity has been persistent, pervasive, and statistically significant based on available vendor data. (3) This discrimination has occurred in the major City contracting markets (construction, commodities, architectural and engineering, and services), with the effect of significant underutilization of minority and women’s business enterprises. (4) The provisions of this subtitle are necessary to overcome the effects of past discrimination and to prevent ongoing discrimination in the City’s contracting process, while assuring that high quality goods and services are obtained through the competitive bidding process. (5) A general objective of this subtitle is to provide a narrowly tailored remedy to ongoing effects of past discrimination, an objective that is advanced by: (i) setting minority and women’s business enterprise goals that are flexible and rationally related to the disparity identified in the City’s contracting markets; (ii) instituting race- and gender-neutral remedies, including a Small Local Business Enterprise Program, in conjunction with the narrowly tailored administration of the MBE/WBE Program; (iii) setting goals on a contract-by-contract basis; (iv) providing criminal penalties for fraudulent misuse of this subtitle; (v) requiring regular review of the necessity for this subtitle; (vi) limiting those minority and women’s businesses that qualify for certification under this subtitle to those located in the Baltimore City Market Area; (vii) requiring regular review of the categories included in the definition of minority- group members; and (viii) providing for post-bid submission of required information about minority and women’s business enterprises as well as other subcontractors. (b) It is the policy of the City of Baltimore to promote equal business opportunity in the City’s contracting process by encouraging full and equitable participation by minority and women’s business enterprises in the provision of goods and services to the City on a contractual basis. *History: Ord. 00-098* *History: Ord. 07-606* *History: Ord. 16-595* *History: * *History: * ###### § 28-4 Scope of subtitle. Balt., Md., Code art. 5, § 28-4 (2026) (a) This subtitle applies to all contracts awarded by the City. (b) Every contract or other agreement between the City of Baltimore and any governmental agency, quasi-governmental agency, corporation, developer, or contractor, under which the agency, corporation, developer, or contractor receives any fiscal assistance from or through the City for the purpose of contracting with businesses to perform real estate development, renovation, maintenance, or other services must require the agency, corporation, developer, or contractor to comply with this subtitle in awarding and administering that contract or agreement. *History: Ord. 00-098* ###### § 28-5 Automatic termination. Balt., Md., Code art. 5, § 28-5 (2026) This subtitle automatically expires on June 30, 2028, unless the City Council, after causing an appropriate study to be undertaken, conducting public hearings, and hearing testimonial evidence, find that the purposes identified in this subtitle have not yet been achieved, in which case this subtitle may be extended for 5 more years. *History: Ord. 00-098* *History: Ord. 05-010* *History: Ord. 06-356* *History: Ord. 07-472* *History: Ord. 07-524* *History: Ord. 07-606* *History: Ord. 11-557* *History: Ord. 13-130* *History: Ord. 13-188* *History: Ord. 14-215* *History: Ord. 14-265* *History: Ord. 16-595* *History: Ord. 19-269* *History: Ord. 20-394* *History: Ord. 21-048* *History: * ###### §§ 28-6 to 28-8 Balt., Md., Code art. 5, § 28-6 to 28-8 (2026) Reserved ##### Part II – Administration ###### § 28-9 Business Opportunity Office established. Balt., Md., Code art. 5, § 28-9 (2026) (a) There is a Minority and Women’s Business Opportunity Office in the Department of Law. (b) The Office is administered and controlled by the Chief of the Minority and Women’s Business Opportunity Office, who reports directly to the City Solicitor. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-10 General functions and duties of Office. Balt., Md., Code art. 5, § 28-10 (2026) (a) The Minority and Women’s Business Opportunity Office is responsible for the administration of this subtitle. (b) The Office’s duties include: (1) certification of business enterprises covered by this subtitle; (2) maintaining a directory of business enterprises certified under this subtitle; (3) providing information and needed assistance to business enterprises covered by this subtitle to increase their ability to compete effectively for the award of City contracts; (4) investigating alleged violations of this subtitle and, when appropriate, making written recommendations for remedial action; (5) developing and distributing all necessary forms, applications, and documents necessary to comply with this subtitle; (6) maintaining statistics on and reviewing regularly the progress of agencies towards achieving the annual goals for the utilization of minority business enterprises, women’s business enterprises, small business enterprises, and local business enterprises; (7) recommending to appropriate City officials methods to further the policies and goals of this subtitle; (8) monitoring contractors throughout the duration of their contracts to ensure that all efforts are made to comply with this subtitle; and (9) certifying compliance with this subtitle before contracts are submitted to the Board of Estimates for award. *History: Ord. 00-098* *History: Ord. 00-118* *History: Ord. 16-595* ###### § 28-11 Rules and regulations. Balt., Md., Code art. 5, § 28-11 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Office may adopt rules and regulations to carry out this subtitle. *History: Ord. 00-098* *History: Ord. 16-595* *History: Text Conformed 02/14/21* ###### § 28-12 Authority of Board of Estimates and Finance Department. Balt., Md., Code art. 5, § 28-12 (2026) (a) Nothing in this subtitle abrogates the authority of the Board of Estimates to award contracts under Article VI, § 11 of the City Charter. (b) At its discretion, the Board of Estimates may waive minor defects and errors in a bidder’s submissions under this subtitle. (c) Nothing in this subtitle abrogates the authority of the Department of Finance to insure that competitive bidding is used and competitive prices are obtained in purchasing materials, supplies, equipment, and services to the fullest practicable extent, under Article VII, § 17, of the City Charter. *History: Ord. 00-098* *History: Ord. 16-595* #### Chapter 2 – MBE/WBE Subcontracting Requirements ##### Part I – Definitions; Short Title ###### § 28-13 Definitions. Balt., Md., Code art. 5, § 28-13 (2026) (a) In this chapter, the following terms have the meanings indicated unless the context clearly requires a different meaning. (b) “African American” means a U.S. citizen or lawfully admitted permanent resident who originates from any of the black racial groups of Africa. (c) “Asian American” means a U.S. citizen or lawfully admitted permanent resident who originates from the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. (d) “Certified business enterprise” means a minority or women’s business enterprise that has been certified by the Minority and Women’s Business Opportunity Office as meeting the criteria for certification under this chapter. (e) (1) “Control”, for purposes of determining whether a business is a minority business enterprise or women’s business enterprise, means that the minority-group member owners or women owners: (i) possess and exercise the legal authority and power to manage business assets, goodwill, and daily operations of the business; and (ii) actively and continuously exercise this managerial authority and power in determining the policies and directing the operations of the business. (2) If owners who are not minority-group members or women are responsible for the operation of the business out of proportion to their ownership interest, then the business is not controlled by minority-group members or women. (f) “Hispanic American” means a U.S. citizen or lawfully admitted permanent resident of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish or Portuguese culture or origin, regardless of race. (g) “Minority business enterprise” or “MBE” means a business enterprise: (1) that is owned, operated, and controlled by 1 or more minority-group members who have at least 51% ownership; (2) in which the minority-group members have day-to-day operational and managerial control, interest in capital, and risks and earnings commensurate with their percentage of ownership; and (3) that is located in the Baltimore City Market Area. (h) “Minority-group member” means a member of a minority group, such as African American, Hispanic American, Asian American, or Native American, for which a utilization disparity has been identified. (i) “Native American” means a U.S. citizen or lawfully admitted permanent resident who originates from any of the original peoples of North America and who maintains cultural identification through tribal affiliation or other suitable authority in the community. (j) “Owned”, for purposes of determining whether a business is a minority business enterprise or women’s business enterprise, means that: (1) the minority-group member or female owner, as the context requires, possesses an ownership interest of at least 51% of the business; (2) this ownership is real and continuing and goes beyond the mere indicia of ownership reflected in the ownership documents; and (3) the minority-group member or woman owner enjoys the customary incidents of ownership and shares in the risks and profits commensurate with his or her ownership interests, as demonstrated by an examination of the substance, rather than the form of ownership arrangements. (k) “Women’s business enterprise” or “WBE” means a business enterprise: (1) that is owned, operated, and controlled by 1 or more women who have 51% ownership; (2) in which the women have day-to-day operational and managerial control, interest in capital, and risk and earnings commensurate with their percentage of ownership; and (3) that is located in the Baltimore City Market Area. *History: Ord. 00-098* *History: Ord. 07-606* *History: Ord. 16-595* *History: Ord. 17-068* ###### § 28-14 Short title. Balt., Md., Code art. 5, § 28-14 (2026) This chapter may be cited as the “Minority and Women’s Business Program”. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-15 Balt., Md., Code art. 5, § 28-15 (2026) Reserved ##### Part II – Annual Participation Goals ###### § 28-16 Establishment. Balt., Md., Code art. 5, § 28-16 (2026) Annually, the Board of Estimates, with the advice of the Minority and Women’s Business Opportunity Office, must review and establish the participation goals for Minority Business Enterprises and for Women’s Business Enterprises. *History: Ord. 00-098* *History: Ord. 07-606* ###### § 28-17 Purpose. Balt., Md., Code art. 5, § 28-17 (2026) (a) The purpose of the annual goals is to aid the City in its annual evaluation of the Program’s effectiveness. (b) Annual participation goals are not and may not be quotas. *History: Ord. 00-098* *History: Ord. 07-606* ###### §§ 28-18 to 28-20 Balt., Md., Code art. 5, § 28-18 to 28-20 (2026) Reserved ##### Part III – Contract Participation Goals ###### § 28-21 Establishment. Balt., Md., Code art. 5, § 28-21 (2026) The Minority and Women’s Business Opportunity Office must establish appropriate MBE and WBE participation goals on each specific contract, as provided in this Part III. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-22 Considerations. Balt., Md., Code art. 5, § 28-22 (2026) (a) In setting the goals on a contract, the Office must consider: (1) the availability in various industry classifications and professions of MBEs and WBEs that are qualified and willing to provide goods, expertise, and services on the particular contract; (2) the level of utilization of these firms in past contracts awarded by the City; (3) the contract specifications; (4) the adverse impact on non-MBEs and -WBEs; and (5) any other relevant factors. (b) (c) On construction contracts for which the estimated cost is $1,000,000 or more, the Office may, in consultation with the contracting agency, set goals for MBEs divided into subgoals for African American-, Hispanic American-, Asian American-, or Native American-owned firms. (d) On architectural or engineering contracts, the Office may, in consultation with the contracting agency, set goals for MBEs divided into subgoals for African American-, Hispanic American-, Asian American-, or Native American-owned firms. (e) In establishing goals on each contract, the Office must consult with the contracting agency, the City Purchasing Agent, or both. *History: Ord. 00-098* *History: Ord. 07-606* ###### § 28-23 Publication. Balt., Md., Code art. 5, § 28-23 (2026) The contract goals must be clearly published as part of the contract specifications in the invitation to bid or request for proposals. *History: Ord. 00-098* ###### § 28-24 Applicability to alternates, modifications, etc. Balt., Md., Code art. 5, § 28-24 (2026) The contract goals apply to the initial contract amounts, to any alternates, and to all subsequent amendments, supplements, extra work orders, change orders, or other modifications that, whether individually or in the aggregate, increase the dollar value of the contract by more than 10%. *History: Ord. 00-098* ###### § 28-25 Office review and report. Balt., Md., Code art. 5, § 28-25 (2026) (a) Annually, the Office must review MBE and WBE participation on all contracts and procurement to evaluate the effect of the Program and the City’s progress towards meeting the annual goals. (b) The Office must report its findings to the Board of Estimates. *History: Ord. 00-098* *History: Ord. 07-606* ###### §§ 28-26 to 28-30 Balt., Md., Code art. 5, § 28-26 to 28-30 (2026) Reserved ##### Part IV – Counting MBE and WBE Participation ###### § 28-31 In general. Balt., Md., Code art. 5, § 28-31 (2026) (a) MBE and WBE participation toward meeting contract goals must be counted in accordance with this Part IV. (b) A business that is certified both as an MBE and a WBE may be counted towards either the MBE or the WBE contract goal, but not towards both. The participation of the certified firm cannot be split between the MBE goal and the WBE goal. (c) Participation of an MBE or WBE subcontractor cannot be counted towards the goal until the amount being counted has been paid to the MBE or WBE. (d) (1) Subject to limitation in paragraph (2) of this subsection, a certified MBE or WBE that has been awarded a contract as a prime contractor may count up to 50% of the dollar value of the work it intends to perform with its own forces towards the applicable MBE or WBE goal. (2) The amount of the credit may not exceed the MBE’s or WBE’s available work capacity calculated in accordance with the contractor prequalification rules established by the Board of Estimates. *History: Ord. 00-098* *History: Ord. 07-606* *History: Ord. 14-265* *History: Ord. 16-595* ###### § 28-32 Commercially useful function. Balt., Md., Code art. 5, § 28-32 (2026) (a) In this section, “commercially useful function” means the performance by a business enterprise of real and distinct work for which the business enterprise has the skill, expertise, and actual responsibility to perform, manage, and supervise. (b) The bidder may count toward the contract goals only expenditures to certified business enterprises that perform commercially useful functions in the execution of the contract. (c) (1) To determine whether a certified business enterprise is performing a commercially useful function, the City must evaluate: (i) the amount of work subcontracted; (ii) industry practices; (iii) whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and with the MBE or WBE credit claimed for its performance of the work; and (iv) other relevant factors. (2) With respect to materials and supplies used on the contract, the MBE or WBE is responsible for negotiating price, determining quality and quantity, ordering the material, installing (where applicable), and paying for the material itself. (3) When an MBE or WBE is presumed not to be performing a commercially useful function, the MBE or WBE may present evidence to rebut this presumption. The MBE or WBE must provide written documentation to the Chief, whose decision is final. *History: Ord. 00-098* *History: Ord. 07-606* ###### § 28-33 Joint ventures. Balt., Md., Code art. 5, § 28-33 (2026) (a) A bidder may count toward the contract goal the portion of its expenditure to a joint venture that is equal to the percentage of a certified business enterprise’s participation in the joint venture. (b) The MBE or WBE member of the joint venture must have an interest in the control, management, risks, and operation of the joint venture commensurate with the member’s percentage of ownership. (c) The certified business enterprise that is a member of the joint venture must be responsible for a distinct, clearly defined portion of the work to be performed with its own forces, equal to its share in the ownership, control, and management of the joint venture. *History: Ord. 00-098* *History: Ord. 07-606* ###### § 28-34 Subcontracting by MBE or WBE. Balt., Md., Code art. 5, § 28-34 (2026) (a) A bidder may not count toward its contract goal any agreements with certified business enterprise subcontractors who intend to subcontract more than 10% of the dollar amount of the services to be performed under the agreement between the bidder and the certified business enterprise. (b) This section does not apply to a subcontractor’s contracts for the purchase of materials, equipment, or supplies as an incident to the performance of services under its contract. *History: Ord. 00-098* ###### § 28-35 One subcontractor, one goal. Balt., Md., Code art. 5, § 28-35 (2026) A business enterprise that is certified as both an MBE and a WBE may not be counted toward both MBE and WBE goals for the same project. The bidder must select the goal for which the business enterprise is to be counted toward. *History: Ord. 07-606* ###### § 28-36 Manufacturers. Balt., Md., Code art. 5, § 28-36 (2026) A bidder may count towards the contract goal its entire expenditure to a certified business enterprise manufacturer. *History: Ord. 00-098* ###### § 28-37 Suppliers. Balt., Md., Code art. 5, § 28-37 (2026) (a) If a bidder uses 1 or more suppliers to satisfy a contract goal, in whole or in part, the certified business enterprise supplier participation may be credited towards the applicable goal, as provided in this section. (b) A bidder may count 100% of its expenditure to a certified business enterprise supplier who manufactures the goods supplied. (c) (1) A bidder may count 100% of its expenditure to a certified business enterprise supplier who is: (i) a wholesaler warehousing the goods supplied; or (ii) a manufacturer’s representative, (2) However, only 25% of the applicable contract goal may be attained by expenditures to certified business enterprises that are non-manufacturing suppliers. (d) For contracts where an extraordinarily large proportion of the contract price is for equipment or supplies: (1) a lower project goal may be set than otherwise would be required; (2) the 25% limit for suppliers may be increased; or (3) a combination of these two methods may be used. *History: Ord. 00-098* ###### § 28-38 Insurance companies; travel agents. Balt., Md., Code art. 5, § 28-38 (2026) A bidder may count towards the contract goals the fees or commissions charged by a certified business enterprise insurance company or travel agent, as long as the fee or commission is reasonable and not excessive as compared with fees or commissions customarily allowed for similar services. *History: Ord. 00-098* *History: Ord. 07-606* ###### § 28-39 Financial institutions. Balt., Md., Code art. 5, § 28-39 (2026) A bidder may count towards the contract goals only the fees charged and earned by a certified business enterprise financial institution. *History: Ord. 00-098* ###### § 28-40 Balt., Md., Code art. 5, § 28-40 (2026) Reserved ###### § 28-41 Non-affiliation. Balt., Md., Code art. 5, § 28-41 (2026) (a) A bidder is precluded from using a certified business enterprise to meet a contract goal if the bidder has a financial interest in, has an interest in the ownership or control of, or is significantly involved in the operation of the certified business enterprise. (b) In order for a non-certified bidder to use a certified business enterprise to meet a contract goal, the non-affiliation criteria established by the Minority and Women’s Business Opportunity Office must be met. *History: Ord. 00-098* *History: Ord. 07-606* ###### §§ 28-42 to 28-45 Balt., Md., Code art. 5, § 28-42 to 28-45 (2026) Reserved ##### Part V – Utilization Requirements ###### § 28-46 Contracts between $1,000 - $4,999. Balt., Md., Code art. 5, § 28-46 (2026) (a) The following standards and procedures apply to every contract for which the estimated cost is $1,000 or more and less than $5,000. (b) The Office must provide the contracting agency with a list of certified business enterprises qualified to provide each of the materials, equipment, supplies, or services that the contracting agency indicates are required by the City. (c) The contracting agency must solicit bids from certified business enterprises that are certified to supply the required materials, equipment, supplies, or services. (d) If no qualified certified business enterprise is available: (1) the contracting agency must so notify the Office before the solicitation of bids; and (2) the Office must attempt to identify qualified businesses and, if successful, notify the contracting agency of their availability. (e) The contracting agency must provide certified business enterprises every practical opportunity to submit bids. *History: Ord. 00-098* ###### § 28-47 Contracts between $5,000 - $49,999. Balt., Md., Code art. 5, § 28-47 (2026) (a) The following standards and procedures apply to every contract for which the estimated cost is $5,000 or more and less than $50,000. (b) Before the solicitation of bids, the contracting agency must furnish the Office with an informational copy of all bid conditions and requests for proposals. (c) The Office may recommend to the contracting agency certified business enterprises that can be solicited directly to submit bids. *History: Ord. 00-098* *History: Ord. 11-557* ###### § 28-48 Contracts of $50,000 or more. Balt., Md., Code art. 5, § 28-48 (2026) (a) The following standards and procedures apply to every contract for which the estimated cost is $50,000 or more. (b) (1) In addition to any other applicable requirements, the bid conditions and requests for proposals must require each bidder to include in its bid a certified business enterprise participation affidavit in which the bidder commits to utilize certified business enterprises in a percentage that equals or exceeds the applicable contract goals. (2) Any bid that does not include the certified business participation affidavit is non-responsive. (c) (1) Prior to bid opening, bidders must submit to the City the certified business enterprise participation statement, including executed statements of intent, that specify: (i) the name of each certified business enterprise to whom the bidder intends to award a subcontract; (ii) whether that subcontractor is: (A) a minority business enterprise; or (B) a women’s business enterprise. (iii) the dollar value of each subcontract; (iv) the scope of the work to be performed under that subcontract; and (v) any other information the Office requires to determine whether the contract goals have been satisfied. (d) Each bidder is responsible for verifying that all MBEs and WBEs to be used have been certified by the Office before bid opening. (e) During the term of the contract, any unjustified failure to comply with the levels of certified business enterprise participation identified in the bid is a material breach of contract. (f) (1) Before final payment may be made under the contract, the contractor must submit a list of all subcontractors utilized on the contract, both MBE/WBE and non-MBE/WBE. (2) The list must include, as to each subcontractor: (i) its name; (ii) the service or goods provided; (iii) the total amount paid to it; and (iv) its owner’s race/ethnicity and sex. *History: Ord. 00-098* *History: Ord. 07-606* *History: Ord. 11-557* ###### § 28-49 Leases and concessions. Balt., Md., Code art. 5, § 28-49 (2026) (a) The following standards and procedures apply to: (1) every lease in which the City is the lessee; and (2) every contract for a concession. (b) City agencies must solicit bids from certified business enterprises that are certified to enter into leases or concession contracts. (c) If, after investigation, a contracting agency determines that no qualified certified business enterprise is available: (1) the contracting agency must so notify the Office before signing a lease or awarding a concession contract, unless the Office has waived notification based on the known unavailability of qualified certified businesses to perform a particular contract; and (2) the Office may attempt to identify qualified certified business enterprises and, if successful, must notify the contracting agency of their availability. (d) The contracting agency must provide the minority and women’s business enterprises every practical opportunity to submit bids. (e) (1) All requests for concession bids must require concessionaires to make every good faith effort to utilize minority and women’s business enterprises as subcontractors and suppliers, whenever possible, if subcontractors are used. (2) Concession bidders must be required to submit their projected utilization of minority and women’s business enterprises along with a description of the efforts made to utilize those businesses. *History: Ord. 00-098* ###### § 28-50 Other services. Balt., Md., Code art. 5, § 28-50 (2026) (a) All City agencies, commissions, and boards, in the deposit of funds and performance of their other official duties, must make every good faith effort to equitably utilize the services of minority and women’s business enterprises. (b) The services to which this section applies include, but are not limited to: (1) the financial services of banks, savings and loan companies, insurance companies, and other commercial financial institutions; (2) arrangements for travel and accommodations when traveling on official City business; and (3) legal services. (c) (1) All City agencies must submit to the Office, on an annual basis, a written report on the efforts made under this subsection. (2) The City Finance Department, City Comptroller, and Retirement Boards must report annually to the Mayor and City Council on their utilization of financial institutions that are minority or women’s business enterprises. *History: Ord. 00-098* ###### § 28-51 Emergencies. Balt., Md., Code art. 5, § 28-51 (2026) (a) In the event that competitive bids are not obtained due to an emergency in accordance with Article VI, § 11(e) of the Baltimore City Charter, the contracting agency must meet the requirements set forth in subsection (b) of this section that will serve as its utilization requirements. (b) If an emergency procurement under Article VI, § 11(e) of the Baltimore City Charter is necessary, a contracting agency shall: (1) contact the Office for assistance in finding MBE and WBE contractors or subcontractors that can provide the goods or services needed; (2) provide contractors with a list of possible subcontractors that contains at least 2 MBE or WBEs, if applicable; and (3) to the extent possible, receive at least 1 quote from an MBE and 1 quote from a WBE that can provide the goods or services needed. (c) The Office shall provide all necessary assistance to an agency in making good faith efforts to comply with this chapter for the emergency procurement. (d) (1) As soon as possible after the execution of any emergency procurement under Article VI, § 11(e) of the Baltimore City Charter was necessary, but no later than 45 days after the contract execution, the agency shall submit a report to the Board of Estimates and the Office stating: (i) the name and address of the selected contractor; (ii) whether the contractor is a City-certified MBE or WBE; (iii) an overview of the nature of the emergency and why an emergency procurement was necessary; (iv) a reasonable estimation of the threat or loss that may have occurred had an emergency procurement not been taken; (v) a summary of the contractor’s qualifications, experience, and background to provide the emergency goods or services and the basis on how the contractor was selected over other qualified and responsive potential contractors; (vi) if applicable, a description of the scope of work, including the costs, fees, or rates for the purchase; (vii) if applicable, a description of the work performed by the contractor to mitigate or eliminate the emergency; (viii) if applicable, a justification regarding why an additional procurement was necessary when an existing City contract might have provided the goods or services necessary; and (ix) a list of all potential vendors contacted, including the MBE and WBE contacted under subsection (b)(2) of this section. (2) The report required by this subsection shall be posted to the Office’s website on its receipt. *History: Ord. 21-015* ###### § 28-52 All contracts – In general. Balt., Md., Code art. 5, § 28-52 (2026) In addition to any other applicable requirements, the following requirements apply to all contracts awarded by the City. *History: Ord. 00-098* ###### § 28-53 All contracts – Bid specifications. Balt., Md., Code art. 5, § 28-53 (2026) Bid conditions, requests for proposals, and all other specifications for contracts awarded by the City must require that, where a contract goal is applicable, the bidder must: (1) make good faith efforts before the opening of bids or submission of proposals to meet the contract goal; and (2) keep records of its good faith efforts, adequate to permit a determination of compliance with this chapter. *History: Ord. 00-098* *History: Ord. 07-606* *History: Ord. 16-595* ###### § 28-54 All contracts – Contract specifications. Balt., Md., Code art. 5, § 28-54 (2026) Each contract must: (1) incorporate this chapter by reference; (2) provide that the failure of any bidder, contractor, or subcontractor to comply with this chapter is a material breach of contract; and (3) require that, during its term, the contractor will: (i) fulfill Program commitments submitted with the bids; (ii) continue to make good faith efforts to utilize minority and women’s business enterprises; and (iii) maintain records reasonably necessary for monitoring compliance with this chapter. *History: Ord. 00-098* *History: Ord. 07-606* *History: Ord. 16-595* ###### § 28-55 All contracts – Payments to subcontractors. Balt., Md., Code art. 5, § 28-55 (2026) (a) A contractor must pay its subcontractors in a timely fashion for satisfactory work. (b) A payment is timely if it is mailed, delivered, or transferred to a subcontractor no later than 7 calendar days after the contractor receives payment from the City. (c) Beginning with the second pay request from a contractor to the City, the contractor must provide the City with evidence that all subcontractors have been paid out of the proceeds of the prior payment, unless a bona fide dispute, documented in writing, exists between the contractor and the unpaid subcontractor. *History: Ord. 00-098* *History: Ord. 07-606* ###### § 28-56 All contracts – Reports and documentation. Balt., Md., Code art. 5, § 28-56 (2026) As a condition of each contract, the awardee of the contract must submit the following when requested by the Office: (1) copies of signed agreements with the business enterprises being utilized to achieve the contract goals; (2) reports and documentation verifying payments to the business enterprises being used to achieve the contract goals; and (3) reports and documentation on the extent to which the contractor has awarded subcontracts to minority and women’s business enterprises under contracts not affected by this chapter. *History: Ord. 00-098* *History: Ord. 16-595* ###### §§ 28-57 to 28-60 Balt., Md., Code art. 5, § 28-57 to 28-60 (2026) Reserved ##### Part VI – Waivers ###### § 28-61 Agency’s pre-solicitation request. Balt., Md., Code art. 5, § 28-61 (2026) (a) A contracting agency may request that the Office waive or reduce the contract goals by submitting the reasons for the request in writing before bids are solicited. (b) The Office may grant the waiver or reduction if the Office determines that: (1) the reasonable and necessary requirements of the contract render subcontracting or other participation of businesses other than the bidder infeasible; or (2) at least 2 qualified certified business enterprises capable of providing the goods or services required by the contract are unavailable in the Baltimore City Market Area despite every feasible attempt to locate them. (c) Any reduction granted by the Office must specify the amount to which the goal has been reduced. (d) (1) Whenever the Office denies a request to waive or reduce a goal, the contracting agency may appeal that denial to the Board of Estimates. (2) The Board’s decision on the request is final. *History: Ord. 00-098* *History: Ord. 07-606* ###### § 28-62 Bidder’s pre-award request. Balt., Md., Code art. 5, § 28-62 (2026) (a) If a bidder is unable to comply with the contract goals, the bidder may submit a request for a waiver at the time of bid opening. (b) The request for a waiver must include documentation that demonstrates the bidder’s good faith efforts to meet the goals. *History: Ord. 00-098* *History: Ord. 07-606* ###### § 28-63 Contractor’s post-award request. Balt., Md., Code art. 5, § 28-63 (2026) (a) (1) If, after award of a contract, the contractor is unable to meet any contract goal by utilizing the certified business enterprises specified at bid opening, the contractor must seek a substitute certified business enterprise to fulfill its commitment. (2) The Office may approve the substitution only after consulting with the Mayor’s Office of Minority and Women’s Business Development. (b) (1) If, after reasonable good faith efforts, the contractor is unable to find a substitute, the contractor must request a post-award waiver. (2) A contractor may not substitute an MBE or WBE subcontractor or perform the work designated for an MBE or WBE subcontractor with its own forces unless the Chief, after consulting with the contracting agency, approves the substitution in writing. (c) (1) The request must be in writing and document the reasons for the contractor’s inability to meet the contract goal. (2) The contractor must negotiate with the MBE or WBE subcontractor to resolve the problem. (3) The Chief’s final decision to permit or deny a proposed substitution, and the basis of any denial, shall be communicated to the parties in writing by the Chief. (4) Where the contractor has established the basis for a substitution to the satisfaction of the Chief, the contractor must make good faith efforts to achieve the goals. The contractor may seek the assistance of the Office in obtaining a new MBE or WBE. If the contract goals cannot be reached and good faith efforts have been made, the contractor may substitute with a non-certified business. *History: Ord. 00-098* *History: Ord. 07-606* *History: Ord. 14-265* ###### § 28-64 Waiver by agency. Balt., Md., Code art. 5, § 28-64 (2026) (a) A contracting agency may waive the utilization requirements for a specific contract as provided in this section. (b) The agency may waive the utilization requirements if, with the advice of the Office, it finds that: (1) needed goods or services are available only from a sole source; and (2) the prospective contractor is not currently disqualified from doing business with the City. (c) The agency may waive the utilization requirements if it certifies in writing to the Office that: (1) an emergency exists that requires goods or services to be provided with such an immediacy that the agency is unable to comply with this chapter; and (2) the prospective contractor will make every good faith effort to subcontract to minority and women’s business enterprises if subcontracting is utilized. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-65 Balt., Md., Code art. 5, § 28-65 (2026) Reserved ##### Part VII – Agency’s Duties ###### § 28-66 In general. Balt., Md., Code art. 5, § 28-66 (2026) Each contracting agency must take the following actions to ensure that MBEs and WBEs have maximum opportunity to participate on City contracts. *History: Ord. 00-098* ###### § 28-67 Adherence to bid procedures, etc. Balt., Md., Code art. 5, § 28-67 (2026) Every contracting agency must ensure that invitations to bid or requests for proposals emanating from the agency comply with this chapter. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-68 Responsibility for achieving goals. Balt., Md., Code art. 5, § 28-68 (2026) Each agency head or designee must: (1) assume primary responsibility for achieving the goals of the Program; and (2) on a continuing basis, review all aspects of the Program’s operations to assure that the purpose is being attained. *History: Ord. 00-098* ###### § 28-69 Advertisements, notices, etc. Balt., Md., Code art. 5, § 28-69 (2026) (a) Advertisements for bids must appear in minority-owned media no less than 10 days before bids are due for specific contracting opportunities. (b) A written notification of contracting opportunities must be sent to minority and women’s business trade associations and contractor’s associations no less than 10 days before bids are due. (c) All contract solicitations must include the MBE/WBE policy and any related materials required by the bid documents. *History: Ord. 00-098* ###### § 28-70 Contract division. Balt., Md., Code art. 5, § 28-70 (2026) All contracting opportunities must be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for participation by minority and women’s business enterprises. *History: Ord. 00-098* ###### § 28-71 Payment procedures. Balt., Md., Code art. 5, § 28-71 (2026) Each contracting agency must establish procedures to ensure that: (1) all contractors who submit correct invoices are paid within 30 days; and (2) all subcontractors are paid within 7 days after the City pays the general contractor. *History: Ord. 00-098* ###### § 28-72 Conditioning notice to proceed. Balt., Md., Code art. 5, § 28-72 (2026) Each contracting agency must establish guidelines to ensure that a notice to proceed is not issued until the contracting agency has received copies of all documents needed to evidence the contractor’s fulfillment of its commitments under this chapter. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-73 Documentation. Balt., Md., Code art. 5, § 28-73 (2026) Each contracting agency must submit to the Office all statistics and documentation that the Office requests. *History: Ord. 00-098* ###### §§ 28-74 to 28-75 Balt., Md., Code art. 5, § 28-74 to 28-75 (2026) Reserved ##### Part VIII – Certification ###### § 28-76 Required before bid opening. Balt., Md., Code art. 5, § 28-76 (2026) (a) For the purposes of determining compliance with contract goals, a business enterprise may be counted as an MBE or WBE only if it has been so certified by the Office before bid opening. (b) If a business listed in a bidder’s Information and Utilization Commitment Form has not been certified, the amount of participation will be deducted from the total MBE or WBE utilization in determining whether the bidder is responsive. *History: Ord. 00-098* ###### § 28-77 Balt., Md., Code art. 5, § 28-77 (2026) Reserved ###### § 28-78 MBEs and WBEs – General criteria. Balt., Md., Code art. 5, § 28-78 (2026) (a) To be eligible for certification as a minority business enterprise or women’s business enterprise, the business enterprise must: (1) be an independent, operating business; (2) be at least 51% minority- or women-owned; (3) before applying for certification, have been in operation for at least 12 months before applying for certification; (4) have been minority- or women-owned for at least 12 months before applying for certification; and (5) have an operating office in the Baltimore City Market Area. (b) To determine whether the business enterprise has the required operating office, the Office will consider the office arrangements, industry practices, and other relevant factors. *History: Ord. 00-098* *History: Ord. 07-606* *History: Ord. 08-063* ###### § 28-79 MBEs and WBEs – Control. Balt., Md., Code art. 5, § 28-79 (2026) (a) (1) The ownership and control by minorities or women must be: (i) real and substantial; and (ii) indicated by the customary incidents of ownership, as demonstrated by an examination of the substance rather than the form of ownership and operating arrangements. (2) The minority or women owners must possess the power: (i) to direct or cause the direction of the management and policies of the business enterprise; and (ii) to make day-to-day decisions, as well as decisions on matters of management, policy, and operations. (b) (1) The business enterprise may not be subject to any formal or informal restrictions that limit the customary discretion of the minority or women owners. (2) There may not be any restriction, whether by partnership agreement, charter requirements, or other arrangement, that prevents the minority or women owners from making business decisions without the cooperation or vote of any owner who is not a minority or a woman. (c) The operating arrangements and the ownership and control by the minority-group members must have been in operation for at least 12 months before applying for certification. *History: Ord. 00-098* ###### § 28-80 MBEs and WBEs – Size standards. Balt., Md., Code art. 5, § 28-80 (2026) (a) (1) With the advice of the Office, the Board of Estimates may establish maximum size standards for minority and women’s business enterprises. (2) There may be separate size standards for separate business categories. (3) The Board of Estimates must annually review any size standards established under this section. (b) A business enterprise may not be certified as an MBE or WBE or, once certified, have its certification renewed if, on the effective date of the application or renewal, the MBE or WBE no longer meets size standards established under subsection (a) of this section. *History: Ord. 00-098* *History: Ord. 07-606* ###### § 28-81 Certification investigations. Balt., Md., Code art. 5, § 28-81 (2026) (a) The Office may investigate a business enterprise’s ownership, management, qualifications, and other relevant matters beyond formal documentation: (1) at the initial certification; and (2) during certification or recertification. (b) To the extent reasonably necessary to ensure compliance, these investigations may include, but are not limited to: (1) personal interviews with persons having knowledge or relevant information relating to a business enterprise’s eligibility, certification, or decertification; (2) personal interviews with bidders, contractors, vendors, or suppliers involved in a joint venture or contractual relationship with the business enterprise; (3) reviewing records pertaining to certification; and (4) conducting random, on-site visits, audits, or relevant inquiries. *History: Ord. 00-098* ###### § 28-82 Decertification. Balt., Md., Code art. 5, § 28-82 (2026) The Office may decertify a business that it determines no longer meets the certification criteria. *History: Ord. 00-098* ###### § 28-83 Certification appeals. Balt., Md., Code art. 5, § 28-83 (2026) (a) All adverse certification determinations by the Office must: (1) be in writing; (2) include the reasons for the determination; and (3) be sent to the affected business enterprise. (b) (1) An aggrieved party has a right to protest an adverse certification determination and seek administrative review. (2) To obtain administrative review, the aggrieved party must submit a written protest to the Chief within 7 days of receipt of the adverse determination. (3) The protest must specify the reasons and factual grounds of the protest and be accompanied by any supporting documents. (c) Within 25 days of receipt of the protest, the Chief must: (1) review the protest and all relevant supporting documents; and (2) render a written decision that includes the reasons for the decision. (d) (1) After all departmental remedies have been exhausted, the aggrieved applicant may request a hearing before a panel of independent hearing officers, with 1 member of the panel being appointed by the President of the City Council and the other members of the panel being appointed by the City Solicitor. (2) The hearing officer must be knowledgeable of Baltimore City procurement laws and procedures, including this subtitle. *History: Ord. 00-098* *History: Ord. 07-606* ###### §§ 28-84 to 28-85 Balt., Md., Code art. 5, § 28-84 to 28-85 (2026) Reserved ##### Part IX – Enforcement ###### § 28-86 Office to monitor compliance. Balt., Md., Code art. 5, § 28-86 (2026) During the term of a contract subject to this chapter, the Office must monitor continued compliance with this chapter. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-87 Noncompliance – Contractor or subcontractor. Balt., Md., Code art. 5, § 28-87 (2026) (a) If the Office finds cause to believe that a contractor or subcontractor has failed to comply with any requirement of this chapter or with any contract provision relating to utilization under this chapter, the Office must: (1) so notify the contracting agency and the contractor; and (2) attempt to resolve the noncompliance through conciliation. (b) (1) If the noncompliance cannot be resolved, the Office and the contracting agency must submit written findings and recommendations to the Board of Estimates. (2) The Board of Estimates may impose sanctions in accordance with Chapter 4 of this subtitle. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-88 Noncompliance – Agency. Balt., Md., Code art. 5, § 28-88 (2026) (a) If, after investigation, the Office finds that a contracting agency has failed to comply with a provision of this chapter, the Office must: (1) send the agency a written finding that specifies the nature of the noncompliance; and (2) attempt to resolve the noncompliance through conference and conciliation. (b) (1) If the noncompliance cannot be resolved, the Office must submit its written findings and recommendations to the Board of Estimates. (2) the Board of Estimates may take appropriate action to secure compliance. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-89 Office may require reports, etc. Balt., Md., Code art. 5, § 28-89 (2026) The Office may require contractors, bidders, contracting agencies, and the head of any City agency to submit any reports, documents, or other information reasonably necessary to determine compliance with this chapter. *History: Ord. 00-098* *History: Ord. 16-595* ###### § 28-90 Agencies to keep records. Balt., Md., Code art. 5, § 28-90 (2026) (a) A contracting agency must keep accurate records for each contract it awards. (b) These records must include: (1) dollar value of contract; (2) nature of goods or services to be provided; (3) name of contractor; (4) efforts employed to solicit bids from certified minority and women’s business enterprises; and (5) all subcontracts awarded by the contractor, identifying for each: (i) dollar value; (ii) nature of goods or services provided; (iii) name of subcontractor; and (iv) race/ethnicity and sex of subcontractor’s owner. *History: Ord. 00-098* ###### § 28-91 Annual report. Balt., Md., Code art. 5, § 28-91 (2026) (a) The Office must submit an annual report to the Mayor and the City Council on the City’s progress toward the utilization goals established under this chapter. (b) The report must include: (1) any problems; and (2) specific recommendations for improving the City’s performance. *History: Ord. 00-098* *History: Ord. 16-595* ###### §§ 28-92 to 28-95 Balt., Md., Code art. 5, § 28-92 to 28-95 (2026) Reserved #### Chapter 3 – Small Local Business Enterprise Procurement Requirements ##### Part I – Definitions; General Provisions ###### § 28-96 Definitions. Balt., Md., Code art. 5, § 28-96 (2026) (a) In this chapter, the following terms have the meanings indicated unless the context clearly requires a different meaning. (b) “Affirmative procurement initiative” means a procurement tool authorized by Part IV of this chapter to be used to enhance contracting opportunities for small local business enterprise firms, including bonding and insurance waivers, bid incentives, price preferences, sheltered market, mandatory subcontracting, competitive business development demonstration projects, and SLBE evaluation preference points in the scoring of proposal evaluations. (c) (1) “Commercially useful function” means the performance by a business enterprise of real and distinct work for which the business enterprise has the skill, expertise, and actual responsibility to perform, manage, and supervise, as determined by an evaluation of: (i) the amount of work subcontracted; (ii) normal industry practices; (iii) whether the amount the firm is to be paid under the contract is commensurate with both the work it is actually performing and the SLBE credit claimed for its performance of the work; and (iv) other relevant factors. (2) A firm does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of meaningful and useful SLBE participation, when in similar transactions in which SLBE firms do not participate, there is no such role performed. (d) “Emerging SLBE” means a firm that meets the eligibility requirements specified in § 28-107(a) {“Certification as Emerging SLBE: Eligibility”} of this chapter. (e) “Goal-setting committee” or “GSC” means a committee appointed by the Chief in accordance with this chapter to assist in the administration of the SLBE Program. (f) “Independently owned and operated” means a firm: (1) that is independent and directly owned by individuals only; and (2) whose day-to-day management is direct and independent of the influence of any other business that cannot itself qualify under the SLBE eligibility requirements. (g) “Principal place of business” means a location where a firm maintains a headquarters or physical office within the geographic boundaries of the City limits and through which it coordinates and obtains no less than 50% of its overall sales dollars. (h) (1) “Professional services” means any non-construction, non-architectural, or non-engineering services that require highly specialized training or licensed credentials to perform, such as legal, accounting, scientific, technical, insurance, investment management, medical, or real estate services. (2) The term “professional services” as used in this chapter is not intended to be restricted to those professional services that are exempted from formal advertising requirements pursuant to Article VI, § 11, of the City Charter or competitive bidding requirements pursuant to Article VII, § 17, of the City Charter. (i) “Services” means non-construction, non-architectural, and non-engineering services that are not professional services and do not require any license or highly specialized training or credentials to perform. (j) “Sheltered market” means an affirmative procurement initiative designed to set aside a City contract offering for bidding exclusively among certified SLBE firms or certified Emerging SLBE firms. (k) “Small local business enterprise” or “SLBE” means a firm that meets the eligibility requirements specified in § 28-105(a) {“ Eligibility for SLBE Program: General eligibility requirements”} of this chapter. *History: Ord. 16-595* *History: Ord. 17-068* ###### § 28-97 Purpose; Scope. Balt., Md., Code art. 5, § 28-97 (2026) (a) (1) The purpose of this chapter is to establish a race- and gender-neutral remedy for ongoing effects of past discrimination in the marketplace by providing a variety of procurement tools for the City that will ensure that all segments of its local business community have a reasonable and significant opportunity to participate in City contracts for construction, architectural, and engineering services, professional services, services, and materials, supplies, and equipment. (2) The SLBE Program also furthers the City’s public interest to foster effective broad-based competition from all segments of the vendor community, including minority business enterprises, small business enterprises, and local business enterprises. This policy is, in part, intended to further the City’s compelling interests in both ensuring that it is neither an active nor passive participant in private sector marketplace discrimination, and in promoting equal opportunity for all segments of the contracting community to participate in City contracts. (3) The SLBE Program also provides additional avenues for the development of new capacity and new sources of competition for City contracts from the growing pool of small and locally based businesses. This capacity building will increase the quality of bidding on City contracts and lower prices for City contracts over the long term. (b) This SLBE Program may be applied by the City on a contract-by-contract basis to the maximum practicable extent permissible under federal and state law, as well as the City Charter. *History: Ord. 16-595* ###### § 28-98 Program objectives. Balt., Md., Code art. 5, § 28-98 (2026) To meet the objectives of the SLBE Program, the City is committed to: (1) increasing the participation of SLBEs in City contracting and, to the extent possible, ameliorating through race- and gender-neutral means any disparities in the participation of minority business enterprises or women business enterprises on City contracts; (2) regular evaluation regarding the progress of the SLBE Program, using accumulated availability and utilization data to determine specific program provisions that require modification, expansion, or curtailment; and (3) providing accountability and accuracy in setting goals and in reporting program results through the City’s Centralized Purchasing System, in the Department of Finance, Bureau of Purchases, which maintains a centralized bidder registration process capable of identifying with specificity the universe of firms that are available and interested in bidding on, or performing on, City contracts, and of providing the means of tracking actual City bids, contract awards, and prime contract and subcontract payments to registered bidders, on the basis of certification status, and commodity or service code. *History: Ord. 16-595* ###### § 28-99 Balt., Md., Code art. 5, § 28-99 (2026) Reserved ##### Part II – Administration ###### § 28-100 Minority and Women’s Business Office – Duties. Balt., Md., Code art. 5, § 28-100 (2026) The Office must: (1) report at least annually to the Mayor and the City Council on the City’s progress towards satisfying SLBE Program objectives; (2) formulate SLBE Program waivers, improvements, and adjustments to the GSC goal-setting methodology and other program functions; (3) have substantive input in the contract specification review process to ensure that contract bid specifications are not unnecessarily restrictive or unduly burdensome to small, local, minority-owned, women-owned, and other businesses; (4) receive and analyze external and internal information, including statistical data and anecdotal testimonies, it deems appropriate to effectively accomplish its duties; (5) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this chapter; and (6) where appropriate, make recommendations for approval of changes to established size standards for SLBE firms. *History: Ord. 16-595* *History: Text Conformed 02/14/21* ###### § 28-101 Goal-setting committees – Establishment Balt., Md., Code art. 5, § 28-101 (2026) (a) The Chief must appoint 5 goal-setting committees to assist in the administration of the SLBE Program. (b) A separate committee must be established with responsibility for each of the following industry categories: (1) architectural and engineering; (2) construction; (3) professional services; (4) services; and (5) materials, supplies, and equipment. (c) (1) Each GSC is chaired by the Chief or the Chief’s designee. (2) The Chief determines the number of members on each GSC at the time of its establishment. (3) Each GSC must include representatives from the Office and from the primary contracting agencies and end-user agencies for the committee’s industry category. (4) The Chief must appoint the remaining members of the GSC from the City’s procurement personnel and other City departments affected by this Program. (d) Each GSC may meet as often as necessary to accomplish its duties, but not less than twice annually. *History: Ord. 16-595* ###### § 28-102 Goal-setting committees – Duties Balt., Md., Code art. 5, § 28-102 (2026) (a) (1) For its industry category, each GSC must: (i) establish SLBE participation goals; and (ii) select appropriate SLBE affirmative procurement initiatives to be applied to each contract, subject to § 28-97(b). (2) In making its decisions, the GSC must consider: (i) vendor availability; (ii) industry characteristics; and (iii) project-specific characteristics. (b) Each committee may also review the regulations issued to implement this chapter and provide the Chief with general advice on administering the policy and modifying the policy objectives of the SLBE Program. *History: Ord. 16-595* ###### § 28-103 Program performance review. Balt., Md., Code art. 5, § 28-103 (2026) (a) The Chief must submit an annual report to the Mayor and City Council that provides an assessment of: (1) the progress towards achieving the goals established for awards to certified SLBE and certified Emerging SLBE firms; (2) both dollars awarded and expended through the SLBE Program; and (3) the progress towards achieving the stated Program objectives, including: (i) enhancing competition; (ii) establishing and building new business capacity; and (iii) removing barriers to the utilization of available minority business enterprises, women business enterprises, and small local business enterprises on City contracts. (b) At least once every 2 years, the City Council must conduct a public hearing to solicit public comments on the SLBE Program. (c) The Board of Estimates, or its designee, must periodically review the SLBE Program to determine whether the various contracting procedures used to enhance SLBE contract participation need to be adjusted or used more or less aggressively in future years to achieve the goals stated in § 28-97 {“Purpose; Scope”} and § 28-98 {“Program objectives”} of this chapter. *History: Ord. 16-595* *History: Ord. 17-068* ###### § 28-104 Balt., Md., Code art. 5, § 28-104 (2026) Reserved ##### Part III – SLBE Program Participation Criteria ###### § 28-105 Eligibility for SLBE Program. Balt., Md., Code art. 5, § 28-105 (2026) (a) To be eligible for certification as an SLBE, the business enterprise must: (1) be an independently owned and operated business enterprise that is not a broker, that is not a subsidiary of another business, and that is not dominant in its field of operation; (2) have owners who are actively involved in day-to-day management and control of the business; (3) perform a commercially useful function; (4) not have employed more than 50 full-time persons at any time during the last 3 years; (5) have annual gross revenues, as averaged over its most recent past 3 fiscal years or, if the business has not existed for 3 years, over the course of the existence of the business, of not more than: (i) $5 million for construction firms, specialty trade contractors, and manufacturing firms; (ii) $2.5 million for architectural firms; (iii) $1.5 million for professional services firms; (iv) $1.25 million for engineering firms; or (v) $1 million for firms providing other services, materials, or equipment, except for manufacturing firms; and (6) have a principal place of business in Baltimore City; (7) have: (i) been established for at least 1 year; or (ii) managing principals of the business who each have at least 3 years of relevant experience prior to forming or joining the business; and (8) in the year preceding the date of the initial certification application, not have received more than $1,000,000 in City contract payments as a result of contract awards from the City achieved through an open competitive bidding process. (b) (1) A business firm is not eligible to become a certified SLBE if it is owned by: (i) other businesses that cannot themselves qualify under the SLBE eligibility requirements in subsection (a) of this section; or (ii) the principals or owners of other businesses that cannot themselves qualify under the SLBE eligibility requirements in subsection (a) of this section. (2) A business firm that has graduated from the SLBE Program under § 28-109 {“Graduation[, etc.]”} is no longer eligible to participate in the SLBE Program even if it otherwise meets all other eligibility criteria. *History: Ord. 16-595* ###### § 28-106 Certification or decertification as an SLBE. Balt., Md., Code art. 5, § 28-106 (2026) (a) In order to apply for certification or recertification as an SLBE, an enterprise must provide the Office with: (1) a completed certification or recertification application in the form required by the Office; (2) all supporting documentation required by the Office; and (3) a signed affidavit stating that it meets all of the SLBE eligibility criteria set forth in § 28-105 {“Eligibility for SLBE Program”}. (b) Certified SLBEs must submit a completed recertification application to the Office every 2 years for review and continued certification. (c) (1) After receiving an SLBE certification or recertification application, the Office must review all enclosed forms, affidavits, and documentation to make a prima facie determination as to whether the applicant satisfies the SLBE eligibility requirements as set forth in this chapter. (2) If, after the review required by this section, the Office finds that the applying firm satisfies the SLBE eligibility requirements as set forth in this chapter, the Office must grant the firm certified SLBE status. (d) (1) If an applicant is determined to be ineligible for certification as an SLBE, the Chief must send a letter to the applicant stating the basis for the denial of eligibility. (2) Applicants determined to be ineligible are not eligible to submit a new application until at least 1 year after the date of the notice of denial of eligibility. (e) (1) Joint ventures must be certified on a bid-by-bid basis. (2) A joint venture seeking certification is not itself subject to the size limitations imposed by § 28-105(a)(4) and (a)(5). (3) Each individual business participating in the joint venture must be a certified SLBE in order for the joint venture to receive the benefits of the SLBE Program. (f) In the course of considering the certification or recertification status of any SLBE firm or joint venture, the Office must periodically conduct audits and inspect the office, job site, records, and documents of the firm, and interview the firm’s employees, subcontractors, and vendors as reasonably necessary to ensure that all eligibility standards are satisfied and that the integrity of the SLBE Program is maintained. *History: Ord. 16-595* *History: Ord. 17-068* ###### § 28-107 Certification or decertification as an Emerging SLBE. Balt., Md., Code art. 5, § 28-107 (2026) (a) A firm is eligible for certification as an Emerging SLBE if it meets the following eligibility criteria: (1) the firm complies with all of the SLBE criteria set forth in § 28-105 {“Eligibility for SLBE Program”}; (2) the firm has been in existence for less than 5 years; (3) the firm has no more than 5 full-time employees; and (4) the firm’s annual gross revenues, as averaged over the life of the firm, are less than $1 million. (b) In order to apply for certification or recertification as an Emerging SLBE, an enterprise must provide the Office with: (1) a completed application for certification or recertification in the form reqauired by the Office; (2) all supporting documentation required by the Office; and (3) a signed affidavit stating that it meets all of the eligibility criteria set forth in subsection (a) of this section. (c) (1) After receiving an Emerging SLBE certification or recertification application, the Office must review all enclosed forms, affidavits, and documentation to make a prima facie determination as to whether the applicant satisfies the Emerging SLBE eligibility requirements as set forth in this chapter. (2) If, after the review required by this section, the Office finds that the applying firm satisfies the Emerging SLBE eligibility requirements as set forth in this chapter, the Office must grant the firm certified Emerging SLBE status. (d) (1) If an applicant is determined to be ineligible to participate as an Emerging SLBE, the Chief must send the applicant a letter stating the basis for the denial of eligibility. (2) Applicants determined to be ineligible are not eligible to submit a new application for Emerging SLBE certification for 1 year after the date of the notice of denial of eligibility. (3) Applicants determined to be ineligible for certification as an Emerging SLBE may still be eligible for certification as an SLBE. *History: Ord. 16-595* *History: Ord. 17-068* ###### § 28-108 Balt., Md., Code art. 5, § 28-108 (2026) Reserved ###### § 28-109 Graduation, suspension, or revocation. Balt., Md., Code art. 5, § 28-109 (2026) (a) (1) An SLBE firm must be permanently graduated from the SLBE Program after it has received a cumulative total of $5 million of City-funded prime contract or subcontract payments in at least 5 separate contracts since its initial certification as an SLBE firm. (2) An SLBE firm must be permanently graduated from the SLBE Program after its 3 fiscal year average gross sales exceeds the size standard eligibility requirements. (b) An SLBE firm must be temporarily suspended by the Chief for the balance of any fiscal year after it has received, as contractor or subcontractor of City-funded contracts, a cumulative total of $1.5 million in payments for that fiscal year. (c) An SLBE or Emerging SLBE firm may have its certification and eligibility permanently revoked by the Chief if it: (1) fails to perform a commercially useful function under a contract; or (2) allows its certified SLBE status to be fraudulently used for the benefit of a non-SLBE firm or the owners of a non-SLBE firm so as to provide the non-SLBE firm or firm owners benefits from affirmative procurement initiatives to which they would not otherwise be entitled. (d) (1) An Emerging SLBE firm must be permanently graduated from Emerging SLBE status after it has received a cumulative total of $2.5 million of City-funded prime contracts or subcontract payments in at least 5 separate contracts since its initial certification as an Emerging SLBE firm. (2) An Emerging SLBE firm must be permanently graduated from Emerging SLBE status once its 3 year average annual gross sales exceeds $2 million. (e) (1) An Emerging SLBE firm must be temporarily suspended from Emerging SLBE status by the Chief for the balance of any fiscal year after it has received, as a contractor or subcontractor on City-funded contracts, a cumulative total of $750,000 in payments for that fiscal year. (2) An Emerging SLBE firm suspended under this subsection may still be eligible to continue participating in affirmative procurement initiatives as an SLBE firm for the remainder of the fiscal year. (f) (1) This section is not intended to require or allow the City to terminate a contract or fail to renew a contract solely due to the finding that a firm’s SLBE or Emerging SLBE status is permanently graduated or temporarily suspended during the contract term, including all renewal options originally available. (2) Bids or proposals submitted by an SLBE or Emerging SLBE prior to graduation or suspension may be awarded as if the firm retained its SLBE or Emerging SLBE status. (3) An SLBE or Emerging SLBE may not participate as an SLBE or Emerging SLBE on new bids during a period in which it has been permanently graduated or temporarily suspended, and will not receive any preference for which it may have previously been qualified. (4) If SLBE or Emerging SLBE status is revoked under subsection (c) of this section, the Board of Estimates may, upon recommendation by the contracting agency, terminate or fail to renew an impacted contract, if the Board of Estimates determines that termination or non-renewal is in the best interests of the City. (g) Permanent graduation and temporary suspension is only effective upon receipt of written notice, as an adverse certification or eligibility determination. *History: Ord. 16-595* ###### § 28-110 Adverse determinations; Appeals. Balt., Md., Code art. 5, § 28-110 (2026) (a) All adverse certification or eligibility determinations by the Office or Chief must: (1) be in writing; (2) include the reasons for the determination; and (3) be sent to the affected business enterprise. (b) (1) An aggrieved party has a right to protest an adverse determination and seek administrative review. (2) To obtain administrative review, the aggrieved party must submit a written protest to the Chief within 7 days of receipt of the adverse determination. (3) The protest must specify the reasons and factual grounds of the protest and be accompanied by any supporting documents. (c) Within 25 days of receipt of the protest, the Chief must: (1) review the protest and all relevant supporting documents; and (2) render a written decision that includes the reasons for the decision. (d) (1) After all departmental remedies have been exhausted, the aggrieved applicant may request a hearing before a panel of independent hearing officers, with 1 member of the panel being appointed by the President of the City Council and the other members of the panel being appointed by the City Solicitor. (2) The hearing officer must be knowledgeable of Baltimore City procurement laws and procedures, including this subtitle. *History: Ord. 16-595* ###### §§ 28-111 to 28-112 Balt., Md., Code art. 5, § 28-111 to 28-112 (2026) Reserved ##### Part IV – Affirmative Procurement Initiatives ###### § 28-113 Initiatives to be set by GSCs. Balt., Md., Code art. 5, § 28-113 (2026) To promote the award of City contracts to SLBEs or Emerging SLBEs, each GSC may, subject to § 28-97(b), authorize the use of any or all of the SLBE affirmative procurement initiatives in this Part IV for contracts in its industry category. *History: Ord. 16-595* ###### § 28-114 Bonding or insurance waiver. Balt., Md., Code art. 5, § 28-114 (2026) (a) (1) Subject to applicable federal and state law, as well as the City Charter, and applicable regulations, policies, and procedures, the Board of Estimates, on the recommendation of the contracting agency, may waive or reduce the bonding or insurance requirements for public works contracts, depending on the type of contract and whether the contracting agency determines that the bonding or insurance requirements would deny an SLBE, or Emerging SLBE, an opportunity to perform a contract that the SLBE or Emerging SLBE has shown itself otherwise capable of performing. (2) From time to time the Chief shall make written suggestions to a contracting agency relating to concerns about bidding restrictions caused by bonding or insurance requirements on solicitations issued by that agency. (b) (1) Subject to applicable federal and state law, as well as the City Charter, and applicable regulations, policies, and procedures, the Board of Estimates, on the recommendation of the Department of Finance, may waive or reduce the bonding or insurance requirements, depending on the type of contract and whether the Department determines that the bonding or insurance requirements would deny an SLBE or Emerging SLBE an opportunity to perform a contract that the SLBE or Emerging SLBE has shown itself otherwise capable of performing. (2) From time to time the Chief shall make written suggestions to the Director of Finance relating to concerns about bidding restrictions caused by bonding or insurance requirements on solicitations issued by the Department of Finance. *History: Ord. 16-595* *History: Ord. 17-068* ###### § 28-115 Price preferences. Balt., Md., Code art. 5, § 28-115 (2026) (a) Subject to § 28-97(b), the Board of Estimates may award a contract to a certified SLBE or certified Emerging SLBE that submits a bid within 10% of a low bid by a non-SLBE. (b) A price preference may not be applied if: (1) the award to the SLBE would result in a total contract cost that is, on an annual basis, more than $25,000 higher than the low bid; (2) if the total contract cost would exceed the City’s budgeted funding for the contract; or (3) the total contract cost is determined by the contracting agency, with concurrence from the agency receiving the primary benefit of the contract, to be so high in price as to be not reasonable. *History: Ord. 16-595* ###### § 28-116 Evaluation preferences. Balt., Md., Code art. 5, § 28-116 (2026) (a) The City may reserve up to 10% of the total points available for RFP evaluation purposes for firms that are certified as SLBE or Emerging SLBE firms, or to joint ventures that have certified SLBE or certified Emerging SLBE partners. (b) For joint ventures, available evaluation preference points must be allocated on a pro rata basis, based on the percentage of SLBE or Emerging SLBE participation in the overall ownership, performance, and management of the joint venture. (c) An evaluation preference may not be applied if the resulting total contract cost: (1) would exceed the City’s budgeted funding for the contract; or (2) is determined by the contracting agency, with concurrence from the agency receiving the primary benefit of the contract, to be so high in price as to be not reasonable. *History: Ord. 16-595* ###### § 28-117 Mandatory subcontracting. Balt., Md., Code art. 5, § 28-117 (2026) (a) A GSC may, on a contract-by-contract basis, at its discretion, require that a predetermined percentage of a specific contract, up to 40%, be subcontracted to certified SLBEs or to certified Emerging SLBEs. (b) (1) If the contractor is a certified SLBE or certified Emerging SLBE, then the contractor is entitled to count the dollar value of the work performed by its own forces towards satisfaction of the mandatory subcontracting goal for that contract. (2) An SLBE or Emerging SLBE contractor may not subcontract more than 49% of the contract value. (3) An SLBE or Emerging SLBE subcontractor may not further subcontract more than 10% of its portion of the contract value to a vendor who is not an SLBE or Emerging SLBE. (c) (1) For a contract bid out under this section, a prospective bidder must submit, at the time of bidding, a form providing the name of the SLBE or Emerging SLBE subcontractor or subcontractors and describing both the percentage of subcontracting by the SLBE or Emerging SLBE and the work to be performed by the SLBE or Emerging SLBE. (2) At the time of bidding, a bidder may request a full or partial waiver of this mandatory subcontracting requirement from the Chief for good cause, by submitting an SLBE unavailability certification to the Chief along with adequate documentation of good faith efforts to obtain SLBE participation, in the form required by the Office. (d) The Chief must base his or her determination on a waiver request on the following criteria: (1) whether the requestor of the waiver has made good faith efforts to subcontract with qualified and available SLBEs or Emerging SLBEs; (2) whether subcontracting would be inappropriate or not provide a commercially useful function under the circumstances of the contract; and (3) whether there are no certified SLBE or certified Emerging SLBE firms that are qualified and available to provide the goods or services required. (e) (1) In the absence of a waiver, failure of a contractor’s bid or proposal to satisfy the mandatory SLBE subcontracting goal renders its bid or proposal non-responsive. (2) In the absence of a waiver, failure of a contractor, in the performance of the contract, to attain a mandatory subcontracting goal for SLBE participation is grounds for termination of existing contracts with the City, debarment from performing future City contracts, or any other remedies available under the terms of its contract with the City or under the law. (3) A Contractor commits a material breach of contract if it fails to notify and obtain written approval from the Chief in advance of any negative change in usage of a designated SLBE or Emerging SLBE subcontractor, including any: (i) reduction in subcontract scope; (ii) termination of a subcontract; or (iii) substitution of a new SLBE or Emerging SLBE subcontractor for a designated SLBE or Emerging SLBE. (f) Sole source and emergency contracts are exempt from subcontracting goal requirements under this section. *History: Ord. 16-595* *History: Ord. 17-068* ###### § 28-118 Sheltered Market Program. Balt., Md., Code art. 5, § 28-118 (2026) (a) (1) The Chief and a contracting agency may select certain contracts that have a contract value of $250,000 or less for award to a certified SLBE, or a joint venture with a certified SLBE, through the Sheltered Market Program. (2) The Chief and a contracting agency may select certain contracts that have a value of $50,000 or less for award to a certified Emerging SLBE firm through the Sheltered Market Program. (b) In determining whether a particular contract should be bid through the Sheltered Market Program, the contracting agency and Chief must consider: (1) whether there are at least 3 certified SLBEs or certified Emerging SLBEs that are available and capable to participate in the Sheltered Market Program for that contract; (2) the degree of underutilization of the SLBE and Emerging SLBE contractors in the specific industry categories; and (3) the extent to which the City’s SLBE and Emerging SLBE contractor utilization goals are being achieved. (c) A contract may be removed from the Sheltered Market Program for purposes of rebidding if: (1) a responsive and responsible bid or response is not received for the contract; or (2) the apparent low bid is determined by the contracting agency, with concurrence from the agency receiving the primary benefit of the contract, to be so high in price as to be not reasonable or not within the City’s budgeted funding for the contract. (d) (1) A finding made regarding the number of available certified SLBE’s or Emerging SLBE’s in determining whether a contract should be bid through the Sheltered Market Program for purposes of subsection (b) of this section does not create a presumption that any bidder is a responsible bidder for purposes of subsection (c) of this section. (2) The determination of a contracting agency, or the City’s prequalification process, that a bidder is not a responsible bidder for purposes of subsection (c) of this section is final and conclusive. *History: Ord. 16-595* *History: Ord. 17-068* ###### § 28-119 Competitive business development demonstration project. Balt., Md., Code art. 5, § 28-119 (2026) (a) If an industry category routinely has too few sources of bidders to provide meaningful or sufficient competition for City contracts, the Chief, with the concurrence of the impacted contracting agency, may reserve certain contracts within that industry category for placement into a competitive business development demonstration project to encourage the development of new capacity within the industry to competitively bid on the future supply of specialized goods or services to the City. (b) (1) Contracts reserved for Competitive Business Development Demonstration Projects are subject to a Request for Proposals process open only to joint ventures between an established firm, or experts in the relevant industry, and a certified SLBE firm. (2) The scope of work for the selected joint venture must include teaching a hands-on curriculum to SLBE firms that have expressed an interest in diversifying into the relevant industry, in addition to performing the customary functions of the contract. (3) The curriculum required by paragraph (2) of this subsection must teach skills required to qualify for future City contracts and to successfully compete in the industry, including both: (i) technical skills taught through hands-on demonstrations of how to perform necessary tasks in the field; and (ii) administrative skills such as cost estimating, bidding, staffing, or project management. (c) The Chief must select certified SLBE candidate firms for participation in competitive business development demonstration projects on the basis of an assessment of their current capabilities and their likely success in diversifying into the new relevant industry once given technical assistance, training, and an opportunity to develop a performance track record in the industry. *History: Ord. 16-595* ###### §§ 28-120 to 28-121 Balt., Md., Code art. 5, § 28-120 to 28-121 (2026) Reserved #### Chapter 4 – Penalties ##### § 28-122 Administrative penalties. Balt., Md., Code art. 5, § 28-122 (2026) A contractor who fails to comply with any provision of this subtitle is subject to any or all of the following penalties: (1) suspension of contract; (2) withholding of funds; (3) rescission of contract based on material breach; (4) refusal to accept a bid; (5) disqualification of a bidder, contractor, or other business from eligibility for providing goods or services to the City for a period not to exceed 2 years; and (6) payment of liquidated damages. *History: Ord. 00-098* *History: Ord. 16-595* ##### § 28-123 Balt., Md., Code art. 5, § 28-123 (2026) Reserved ##### § 28-124 Criminal penalties. Balt., Md., Code art. 5, § 28-124 (2026) (a) No person may: (1) fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining, retaining, or attempting to obtain or retain certification under this subtitle; (2) in any matter administered under this subtitle, willfully falsify, conceal, or cover up by a trick, scheme, or device a material fact or make any false writing or document knowing that it contains any false, fictitious, or fraudulent statement or entry; (3) willfully obstruct, impede, or attempt to obstruct or impede an authorized official or employee who is investigating the qualifications of a business enterprise that has requested certification under this subtitle; (4) fraudulently obtain, attempt to obtain, or aid another in fraudulently obtaining or attempting to obtain public money to which the person is not entitled under this subtitle; or (5) make a false statement to any person or entity that another person or entity is or is not certified under this subtitle. (b) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to imprisonment for not more than 1 year, to a fine of not more than $1,000, or to both imprisonment and fine. *History: Ord. 00-098* *History: Ord. 16-595* ### Subtitle 29 – Commercial Non-Discrimination Policy #### § 29-1 Purpose and intent. Balt., Md., Code art. 5, § 29-1 (2026) It is the intent of the City of Baltimore to avoid becoming a passive participant in private sector commercial discrimination by refusing to engage in business with business firms that discriminate in the solicitation, selection, hiring, or treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, or disability by providing a procedure for receiving, investigating, and resolving complaints of discrimination filed against business firms that have submitted a bid or proposal for, have been selected to engage in, or are engaged in doing business with the City. *History: Ord. 06-186* #### § 29-2 Definitions. Balt., Md., Code art. 5, § 29-2 (2026) (a) In this subtitle, the following terms have the meanings indicated unless the context clearly requires a different meaning. (b) “Baltimore City Market Area” means Baltimore City, Baltimore County, Anne Arundel County, Howard County, Montgomery County, and Prince George’s County. (c) “Business firm” means any person, firm, sole proprietorship, partnership, corporation, limited liability company, or other business entity or combination of them, including any financial institution, developer, consultant, prime contractor, subcontractor, supplier, or vendor, that has submitted a bid or proposal, has been selected to do business, or is doing business with the City, including selling or leasing supplies, or goods, or providing construction, financial, professional, or other services, in return for a fee or any other form of compensation. (d) “Chief” means the Chief of the Minority and Women’s Business Opportunity Office. (e) “City” means the City of Baltimore and those agencies, boards, commissions, government authorities, and corporations authorized to act on behalf of, or as agent for, the City of Baltimore. (f) “Commercial customer” means a business entity that has procured or attempted to procure goods or services from another business entity for business purposes, as opposed to personal, family, or household purposes. (g) “Contract” means an agreement with any business firm let by or on behalf of the City for that business firm to sell or lease supplies, or goods, or provide construction, financial, professional, or other services, in return for a fee or any other form of compensation. (h) (1) “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or treatment of a vendor, supplier, subcontractor, commercial customer, or any other business entity on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, disability, or any other form of unlawful discrimination regarding the characteristics of that business entity’s employees or owners. (2) “Discrimination” does not include otherwise lawful efforts, including those specified in Subtitle 28, {“Minority and Women’s Business Enterprises”} of this Article, to remedy the effects of discrimination that has occurred or is occurring in the marketplace. (i) (1) “Financial institution” means any person or entity engaged in the business of lending money, guaranteeing loans, extending credit, securing bonds, or providing venture or equity capital to business entities, or that offers financial services in connection with City projects or the administration of City government. (2) “Financial institution” includes any bank, savings and loan association, venture capital company, insurance company, bonding company, mortgage company, credit union, and broker. (j) (k) “Hearing examiner” means an individual appointed by the City Solicitor to conduct hearings under this subtitle. (l) “Office” means the Minority and Women’s Business Opportunity Office. (m) “Subcontract” means an agreement for the performance of a particular portion of work to be performed under a contract with the City. *History: Ord. 06-186* *History: Ord. 22-125* #### § 29-3 Scope. Balt., Md., Code art. 5, § 29-3 (2026) (a) (1) This subtitle applies to all business firms and all contracts to which the City is a party. A claim of discrimination may be investigated and adjudicated under this policy only if the claim alleges that: (i) the discrimination was committed by a business firm within the applicable limitations period set forth in § 29-7 of this subtitle; and (ii) the discrimination occurred in the Baltimore City Market Area. (2) Discrimination is deemed to have occurred in the Baltimore City Market Area only if: (i) each party either operated a place of business in, or resided in, the Baltimore City Market Area at the time of the discrimination; or (ii) the discriminatory act was committed in the Baltimore City Market Area. (b) Every contract and other agreement between the City of Baltimore and any governmental agency, quasi-governmental agency, corporation, developer, or contractor, under which the agency, corporation, developer, or contractor receives any fiscal assistance from or through the City for the purpose of contracting with businesses to perform real estate development, renovation, maintenance, or other services, must require the agency, corporation, developer, or contractor to comply with this subtitle in awarding and administering that contract or agreement. *History: Ord. 06-186* #### § 29-4 Liberal construction. Balt., Md., Code art. 5, § 29-4 (2026) The provisions of this subtitle are to be liberally construed to accomplish its policies and purposes. *History: Ord. 06-186* *History: Ord. 22-125* #### § 29-5 Short title. Balt., Md., Code art. 5, § 29-5 (2026) This subtitle may be cited as the “Commercial Non-Discrimination Policy”. *History: Ord. 06-186* #### § 29-6 Commercial non-discrimination policy. Balt., Md., Code art. 5, § 29-6 (2026) It is the policy of the City of Baltimore not to accept bids or proposals from, nor to engage in business with, any business firm that has discriminated on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, disability, or any other form of unlawful discrimination in its solicitation, selection, hiring, or treatment of another business. *History: Ord. 06-186* #### § 29-7 Complaints of discrimination. Balt., Md., Code art. 5, § 29-7 (2026) Any adult person, business entity, association, organization, or government agency may file an administrative complaint with the Chief stating facts showing or tending to show that a business firm has engaged in discrimination against one or more other businesses. The complaint must be filed within 4 years from the date it accrues. Within 10 business days, the Chief shall notify the business firm against whom the complaint was filed that a complaint has been received. *History: Ord. 06-186* #### § 29-8 Investigation of complaints. Balt., Md., Code art. 5, § 29-8 (2026) The Office’s investigative unit shall review and investigate discrimination complaints filed under this subtitle. The City Solicitor in consultation with the Chief shall exercise his or her best judgment to assign Office staff persons, other City personnel, and outside consultants to the investigative unit as necessary to conduct investigations in a comprehensive, fair, competent, and efficient manner. The investigative unit shall seek all relevant evidence from the complainant, from the respondent business firm, and from external sources relating to the allegations of the complaint. *History: Ord. 06-186* #### § 29-9 Initial findings and recommendations. Balt., Md., Code art. 5, § 29-9 (2026) (a) Based upon the investigative unit’s review and investigation, the Chief shall make an initial non-binding finding of each allegation stated in the complaint, that either: (1) the investigation produced sufficient evidence to find that the alleged discrimination did take place (“sustained”); (2) the investigation failed to produce sufficient evidence to find that the alleged discrimination took place (“not sustained”); (3) the investigation produced sufficient evidence to find that the alleged discrimination did not take place (“unfounded”); (4) the investigation produced sufficient evidence to establish that the complainant knowingly made one or more false or frivolous allegations (“false or frivolous”); (5) the allegation has been settled or otherwise resolved with the agreement of the interested parties; or (6) the allegation has been withdrawn. (b) The Chief shall recommend to the City Solicitor, or his or her representative, appropriate action to be taken. That action may include additional investigation of the complaint, sanctions, remedies, or other action consistent with this subtitle. (c) In making the initial finding and recommendation, the Chief may consider evidence regarding: (1) whether there was an intent to discriminate on the part of the respondent business firm; (2) whether there was a pattern and practice of discrimination on the part of the respondent business firm; (3) any actions taken by the respondent business firm to remedy the alleged discrimination; (4) the effectiveness of any prior attempts by the respondent business firm to remedy the discrimination; (5) whether the respondent business firm had procured goods or services from or otherwise engaged in business with persons or entities of the same protected class as the complainant to an extent sufficient to demonstrate that the respondent had not discriminated against such protected class in the overall context of its business; and (6) any other evidence deemed relevant by the Chief. (d) The Chief shall make the initial finding based upon a preponderance of the evidence. (e) The initial non-binding findings and recommendations shall be made by the Chief within 120 calendar days of receipt of the complaint. (f) The City Solicitor may extend this time limit at the request of the Chief either for good cause, or if the parties agree to mediate a settlement to the complaint. (g) The Chief shall notify the complainant and the business firm within 5 business days of the issuance of the initial non-binding findings and recommendations, including an explanation of the reasons justifying the initial findings. *History: Ord. 06-186* #### § 29-10 Hearings. Balt., Md., Code art. 5, § 29-10 (2026) (a) If the Chief determines that one or more allegations are sustained, the business firm against whom the allegations were made shall be entitled to an administrative hearing on the allegations and an opportunity to participate in the administrative hearing. The business firm must request an administrative hearing by filing a written request with the Chief within 15 calendar days of notice of the initial findings and recommendations. If the business firm fails to properly request an administrative hearing, the initial non-binding findings and recommendations shall become the final administrative decision of the City pending review and approval by the Board of Estimates. If the business firm does request an administrative hearing, the Chief shall so notify the City Solicitor immediately, and within 10 days, the City Solicitor shall appoint a hearing examiner for purposes of conducting the administrative hearing. The administrative hearing shall be held by the hearing examiner within 90 calendar days of the appointment of the hearing examiner. (b) The City Solicitor shall establish regulations, as necessary, that are in accordance with this Subtitle and any due process rights to which any party is entitled, to further specify the procedures and standards by which these administrative hearings are conducted. At a minimum, the hearing shall afford all parties an opportunity to present witnesses, conduct direct and cross-examination of witnesses, introduce relevant evidence, submit briefs, and present oral argument. Findings shall be made by the hearing examiner based upon a preponderance of the evidence presented. (c) Consistent with the State Public Information Act, Title 4 of the State General Provisions Article, and with the State Open Meetings Act, Title 3 of the State General Provisions Article, the hearing examiner may issue protective orders for good cause for the following reasons: (1) to limit, or otherwise impose conditions on, access by any person to any document in the possession of a party, including a document in the City’s possession or in the record of the hearing that is not a public record; or (2) to close all or any portion of the hearing, or otherwise impose conditions on access to the hearing by any person. (d) Within a reasonable period of time not to exceed 120 days after the closing of the hearing record, the hearing examiner shall prepare a written decision that may affirm or reject the initial findings and recommendations, may substitute different findings and order appropriate remedies, or may return the case to the Chief for further investigation and findings to be completed within a period of time specified by the hearing examiner. (e) The hearing examiner’s written decision shall be based upon a preponderance of the evidence contained in the hearing record, and shall reflect the evidentiary basis for its findings. (f) At the hearing, the City shall have the burden of proof based upon a preponderance of the evidence. *History: Ord. 06-186* *History: Ord. 16-503* #### § 29-11 Remedies. Balt., Md., Code art. 5, § 29-11 (2026) (a) When a complaint is sustained in a final administrative decision, the hearing examiner or the Board of Estimates may order any one or more of the following actions: (1) any remedy agreed to by the respondent business firm, the complainant, and the City; (2) recommendation to, or implementation of procedures by, the City Solicitor and the Board of Estimates for debarment of the respondent business firm from bidding and contract awards on City projects for a period of not more than 5 years; (3) rescission, suspension or termination of any current contract between the respondent business firm and the City; (4) referral of the matter for criminal prosecution for fraud and other violations of law, if appropriate under the circumstances; or (5) The Board of Estimates or Hearing Examiner may order the parties to subject the complaint to mediation. *History: Ord. 06-186* #### § 29-12 Sanctions for knowingly filing false or frivolous complaint. Balt., Md., Code art. 5, § 29-12 (2026) If the Chief determines that one or more allegations of a complaint are false and that the complainant knew them to be false when filed, or that one or more of the allegations of a complaint are frivolous and without merit, the Chief may refuse to review or investigate any complaint filed under this subtitle by the same complainant for a period of up to 3 years. The Chief may also recommend to the hearing examiner or the Board of Estimates that monetary sanctions be imposed against the complainant in the amount of the costs incurred for the investigation and review of the false or frivolous complaint. *History: Ord. 06-186* #### § 29-13 Administrative appeals. Balt., Md., Code art. 5, § 29-13 (2026) A business firm against whom a complaint has been filed or a complainant may appeal the decision of the hearing examiner by filing a request for an appeal in writing with the City Solicitor within 10 calendar days from service of the notice of the decision. The City Solicitor, or his or her representative, shall within 10 calendar days of receipt of the request for appeal, notify all parties that an appeal has been requested, and refer the matter to the Board of Estimates to hear the appeal. The City Solicitor shall also transfer the entire record of the investigation and administrative hearing to the Board of Estimates in advance of the appeal hearing. The appeal shall be heard and the Board of Estimates shall render a final administrative decision within 90 calendar days of receipt of the request for appeal. At the appeal hearing, the Chief or the Chief’s designee shall be responsible for presenting the justifications for its findings and recommendations as previously sustained or modified by the hearing examiner. *History: Ord. 06-186* #### § 29-14 Judicial and appellate review. Balt., Md., Code art. 5, § 29-14 (2026) (a) A party aggrieved by a final decision of the Board of Estimates under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 06-186* *History: Ord. 19-332* #### § 29-15 Mandatory nondiscrimination contract clause. Balt., Md., Code art. 5, § 29-15 (2026) Every contract and subcontract shall contain a nondiscrimination clause that reads as follows: Contractor shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or commercial customers. Contractor shall provide equal opportunity for subcontractors to participate in all of its public sector and private sector subcontracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such as those specified in Article 5, Subtitle 28 of the Baltimore City Code, as amended from time to time. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. *History: Ord. 06-186* #### § 29-16 Contractor bid requirements. Balt., Md., Code art. 5, § 29-16 (2026) All requests for bids or proposals issued by the City shall include a clause that reads as follows: As part of its bid or proposal, Bidder shall provide to the City a list of all instances within the past 5 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder has discriminated against its subcontractors, suppliers, vendors, or commercial customers on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, or disability, and a description of any resulting sanction entered and remedial action taken. *History: Ord. 06-186* #### § 29-17 Contract disclosure requirements. Balt., Md., Code art. 5, § 29-17 (2026) Every contract shall include a clause that reads as follows: Upon the City’s request, and only after the filing of a complaint against Contractor pursuant to Article 5, Subtitle 29, of the Baltimore City Code, as amended from time to time, Contractor agrees to provide the City, within 60 calendar days, a truthful and complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the Baltimore City Market Area as defined in Article 5, §28-1(d) of the Baltimore City Code, as amended from time to time, including the total dollar amount paid by Contractor for each subcontract or supply contract. Contractor agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Commercial Non-Discrimination Policy, as contained in Article 5, Subtitle 29, of the Baltimore City Code, as amended from time to time. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, and other sanctions. *History: Ord. 06-186* #### § 29-18 Other legal remedies. Balt., Md., Code art. 5, § 29-18 (2026) The remedies provided by this subtitle are in addition to any other statutory, legal, or equitable remedies that may be available and are not intended to be prerequisite to or exclusive of any other remedies. *History: Ord. 06-186* #### § 29-19 Non-interruption of performance. Balt., Md., Code art. 5, § 29-19 (2026) The filing, investigation, hearing, and appeal of a complaint under this subtitle does not hinder or affect the award of, performance of, or payment on a contract prior to a final administrative decision that establishes a violation. *History: Ord. 06-186* #### § 29-20 Rules and regulations. Balt., Md., Code art. 5, § 29-20 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the City Solicitor may adopt rules and regulations to carry out this subtitle. *History: Ord. 06-186* *History: Text Conformed 02/14/21* ### Subtitle 30 – Health Care Services Providers #### § 30-1 Definitions. Balt., Md., Code art. 5, § 30-1 (2026) (a) For the purpose of this subtitle the following words have the meanings indicated unless their context clearly indicates otherwise. (b) “Carrier” means: (1) an insurer; (2) a network delivery system; (3) a nonprofit health service plan; (4) a health maintenance organization; (5) a preferred provider organization; (6) a dental plan organization; or (7) any person acting as a third party administrator. (c) “Network delivery system” means a person or entity that provides health care services to covered individuals through a provider panel. (d) (e) (1) “Provider” means a person licensed, certified, or otherwise authorized under the Health Occupations Article of the Annotated Code of Maryland to provide health care services in the ordinary course of business or practice of a profession. (2) “Provider” includes a health care facility, professional service corporation, partnership, limited liability company, professional office, or any other entity licensed or authorized by law to render professional services for or on behalf of a provider. (f) “Provider panel” means a group of providers who have entered into a provider service contract with a carrier to provide services under the carrier’s health benefit plan. *History: Ord. 96-004* *History: Ord. 22-125* #### § 30-2 Prequalification requirements. Balt., Md., Code art. 5, § 30-2 (2026) (a) (1) Any person who submits to the City a bid or who contracts with the City to be a health care carrier or to provide health care services to Baltimore City employees or persons receiving health care through any entity funded by the City must prequalify pursuant to City Charter Article VI, §11(g), and the rules, regulations, and standards adopted by the Board of Estimates. (2) The criteria for the prequalification of health care carriers shall include, but not be limited to: (i) experience levels; (ii) financial history; and (iii) ethnic diversity of their respective provider panels. (b) Each health care carrier interested in doing business with, or continuing to do business with the City of Baltimore in this regard shall apply for prequalification and be so prequalified. *History: Ord. 96-004* *History: Ord. 16-503* #### § 30-3 Board of Estimates’ authority. Balt., Md., Code art. 5, § 30-3 (2026) Nothing in this subtitle shall be deemed to abrogate the authority of the Board of Estimates to award contracts pursuant to the authority provided by Article VI, §11 of the City Charter. *History: Ord. 96-004* ### Subtitle 31 – Health Care Advisory Panel #### § 31-1 Definitions. Balt., Md., Code art. 5, § 31-1 (2026) (a) For the purpose of this subtitle, the following words have the meanings indicated unless their context clearly indicates otherwise. (b) (c) (1) “Provider” means a person licensed, certified, or otherwise authorized under the Health Occupations Article of the Annotated Code of Maryland to provide health care services in the ordinary course of business or practice of a profession. (2) “Provider” includes a health care facility, professional service corporation, partnership, limited liability company, professional office, or any other entity licensed or authorized by law to render professional services for or on behalf of a provider. (d) “Provider panel” means a group of providers who have entered into a provider service contract with a carrier to provide services under the carrier’s health benefit plan. *History: Ord. 96-077* *History: Ord. 22-125* #### § 31-2 Composition of Advisory Panel. Balt., Md., Code art. 5, § 31-2 (2026) The Health Care Advisory Panel shall consist of: (1) the Commissioner of the Baltimore City Health Department; (2) the Director of Human Resources; (3) the Labor Commissioner; (4) a member of the City Council Health and Environment Committee as chosen by the Committee; (5) a representative of the Medical and Chirurgical Faculty of Maryland as chosen by the general membership; (6) a representative of the Maryland Hospital Association as chosen by the general membership; (7) a representative of the Monumental City Medical Society as chosen by the general membership; (8) a representative of the Black Mental Health Alliance as chosen by the general membership; (9) a representative of Greater Maryland Coalition for Health Assurance, Inc. as chosen by the general membership; (10) a representative of the Black Nurses Association of Baltimore as chosen by the general membership; (11) a representative of the Maryland Association of Health Maintenance Organizations as chosen by the general membership; and (12) a representative of the Metropolitan Council of the AFL-CIO. *History: Ord. 96-077* *History: Ord. 04-822* #### § 31-3 Annual review of providers, etc. Balt., Md., Code art. 5, § 31-3 (2026) (a) The Health Care Advisory Panel shall conduct an annual review of all persons, providers, or provider panels prequalified to provide health care services to employees or dependents of employees of the City of Baltimore. (b) The annual review shall cover the evaluation criteria adopted by the Board of Estimates, including, but not limited to, the following evaluation criteria: (1) that each entity seeking to provide health care services under this subtitle consider all qualified applicants for its provider panel without regard to race, color, religion, sex, disability, sexual orientation, or national origin; (2) that all solicitations or advertisements for applicants for membership on provider panels state that all qualified applicants will be considered without regard to race, color, religion, sex, disability, sexual orientation, or national origin; and (3) that all participants in the prequalification process maintain a provider panel that meets certain criteria with respect to ethnic diversity as determined by the Board of Estimates. *History: Ord. 96-077* *History: Ord. 22-124* #### § 31-4 Annual report. Balt., Md., Code art. 5, § 31-4 (2026) The Health Care Advisory Panel shall submit a written report of its findings and recommendations to the Mayor and City Council and the Board of Estimates by April 30 of each year. *History: Ord. 96-077* ### Subtitle 32 – Purchase of Foodstuffs #### § 32-1 Purchases of $40,000 or more. Balt., Md., Code art. 5, § 32-1 (2026) (a) (1) In accordance with the provisions of Article VI, § 11 of the City Charter, in contracting for and purchase of foodstuffs and related perishables involving an expenditure of $40,000 or more, for the City or by any municipal agency, advertisements for proposals for the same shall first be published at least twice in 2 or more daily newspapers published in Baltimore City unless otherwise provided by the Charter. (2) The first publication shall be made not less than 10 nor more than 30 days prior to the day set for opening the bids. (b) All such contracts for foodstuffs and related perishables shall be made by the Board of Estimates in the manner provided in Article VI, § 11(g) of the City Charter. (c) The provisions of this section may be dispensed with in accordance with the conditions and provisions of Article VI, § 11(d) of the City Charter. *History: Ord. 65-608* #### § 32-2 Purchases of $20,000 or more, but less than $40,000. Balt., Md., Code art. 5, § 32-2 (2026) The contracting for and purchase of foodstuffs and related perishables involving an expenditure of more than $20,000 and less than $40,000, except those contracts awarded by the Board of Estimates pursuant to the provisions of Article VI, § 11(g) of the City Charter, shall be submitted to the Board of Estimates for its approval and shall be binding upon the City only when so approved. *History: Ord. 65-608* #### § 32-3 Performance bonds. Balt., Md., Code art. 5, § 32-3 (2026) It shall not be necessary for any bidder who has been awarded a contract to supply foodstuffs or related perishables to the City of Baltimore or any agency thereof to furnish a performance bond when the total amount of the contract does not exceed $40,000. *History: Ord. 74-600* ### Subtitle 33 – Purchase of Recycled Products #### § 33-1 “Recycled paper” defined. Balt., Md., Code art. 5, § 33-1 (2026) In this subtitle, “recycled paper” means a paper product meeting the Environmental Protection Agency recommended content standards as defined in 40 C.F.R. Part 250. *History: Ord. 91-772* #### § 33-2 Purchasing requirements. Balt., Md., Code art. 5, § 33-2 (2026) Whenever feasible or practicable, the City shall use the following guidelines in procurement of paper and other goods: (1) To the extent practicable, in procuring paper or paper products, the City shall purchase or approve for purchase only supplies that are produced from recycled paper and are recyclable. (2) Of the total volume of paper that the City buys, at least 20% shall be recycled paper with a projected goal of 40%. (3) No non-recyclable polystyrene products or products packaged in non-recyclable polystyrene shall be purchased. (4) Where practicable, contracts shall specify that materials must be packaged in recycled and recyclable materials. (5) In the purchase of non-paper goods, the Purchasing Agent shall review product specifications, and shall revise specifications, where appropriate, to include recycled content in the following product areas: (i) re-refined oil; (ii) plastic products; (iii) auto parts; (iv) compost material; (v) aggregate; (vi) insulation; (vii) solvents; and (viii) rubber products. (6) To the extent practicable, no inks containing toxic components shall be used in any City publication. (7) To the maximum extent possible, all photocopiers purchased by the City shall be capable of doing double-sided copying and using recycled paper. (8) Wherever practicable, durable rather than non-recyclable disposable products shall be purchased. *History: Ord. 91-772* #### § 33-3 Use requirements. Balt., Md., Code art. 5, § 33-3 (2026) (a) Whenever feasible, all documents over 6 pages photocopied by the City shall be copied on both sides of the page. (b) (1) Contractors doing business with the City shall be advised of the City’s policies regarding recycled and recyclable materials. (2) All bids and proposals shall be submitted on recycled and recyclable paper printed on both sides, where practicable, with removable or reusable bindings or staples. (c) Any consultant producing reports for the City shall use recycled and recyclable paper printed on both sides, where practicable. *History: Ord. 91-772* #### § 33-4 Board of Estimates’ authority. Balt., Md., Code art. 5, § 33-4 (2026) The provisions of this subtitle and their applications are subject to the authority of the Board of Estimates as set forth in Article VI, §11 of the City Charter. *History: Ord. 91-772* ### Subtitle 34 – Commission on Sustainability #### § 34-1 Commission created; members. Balt., Md., Code art. 5, § 34-1 (2026) (a) (1) There is a Commission on Sustainability (2) The Commission consists of 21 members, 20 of whom are appointed by the Mayor in the manner prescribed by Article IV, § 6 of the City Charter. (b) The 20 appointed members shall represent: (1) community organizations; (2) environmental groups representing all elements of environmental sustainability, including but not limited to air quality, water quality, green building techniques, energy conservation, and alternate transportation; (3) labor unions; (4) public health and environmental justice; (5) private industry, to include but not limited to restaurants and bars, packaging industry, and recycling industry; (6) the Mayor’s office; (7) City agencies; and (8) persons with a general interest in environmental issues. (c) The 21st member shall be a member of the City Council appointed by the Council President. *History: Ord. 07-488* #### § 34-2 Terms; Chair or Co-Chairs. Balt., Md., Code art. 5, § 34-2 (2026) (a) The terms of each member is 4 years, concurrent with the Mayor’s term of office, and until a successor qualifies and takes office. (b) The Mayor shall appoint one member as Chair of the Commission or may appoint two members as Co-Chairs of the Commission. *History: Ord. 07-488* *History: Ord. 20-417* #### § 34-3 Compensation; expenses. Balt., Md., Code art. 5, § 34-3 (2026) No member of the Commission may receive any compensation for services, but each member may be reimbursed for necessary and proper expenses incurred in the performance of his or her duties. *History: Ord. 07-488* #### § 34-4 Duties. Balt., Md., Code art. 5, § 34-4 (2026) (a) The Commission shall prepare a Comprehensive Sustainability Plan and, from time to time, recommend appropriate amendments to the Plan. (b) The Commission shall monitor the Office of Sustainability and that Office’s incorporation and implementation of the Comprehensive Sustainability Plan. (c) The Commission shall report annually to the City Council on its activities. *History: Ord. 07-488* #### § 34-5 Comprehensive Sustainability Plan. Balt., Md., Code art. 5, § 34-5 (2026) The Commission’s Comprehensive Sustainability Plan shall: (1) discuss all elements of sustainability, including air quality, water quality, resource conservation and recycling, energy, public health, environmental justice, reduction of greenhouse emissions, and increasing use of alternative means of transportation; (2) establish 3-, 5-, and 10-year sustainability targets, including making City government operations achieve, by January 1, 2045, net-zero emissions, as defined in City Code Article 1, § 34-1(f), while ensuring that capital investments associated with achieving net-zero emissions are prioritized to the extent possible in the communities most impacted by climate change and pollution, as determined by the Director (3) create public and private sustainability initiatives, to include but not limited to standards for city purchasing, incentives for citizens and businesses to recycle and purchase recycled goods, incentives for energy conservation, and water quality improvements; (4) describe the resources and responsible agencies and others needed to implement the Plan; (5) include a public information component; (6) establish key sustainability indicators to track progress of Plan implementation; (7) establish key environmental justice indicators to track community impacts of plan; and (8) set criteria and recommend mandatory measures for annual reporting to the City Council on: (i) Energy Consumption Reports, as required in City Code Article 5, § 45-2; (ii) Comprehensive Recycling and Composting Plan, as prescribed in City Code Article 23, § 16-2; (iii) community environmental health metrics, including the parity or disparity of benefits and burdens across different population groups, and including the decrease in metric tons of criteria pollutants, which include: (A) carbon monoxide; (B) ground-level ozone; (C) lead; (D) nitrogen dioxide; (E) particulate matter; and (F) sulfur dioxide; and (iv) greenhouse gas emissions reduction reports. *History: Ord. 07-488* *History: Ord. 22-131* #### § 34-6 Commission staff. Balt., Md., Code art. 5, § 34-6 (2026) (a) The Department of Planning will provide staff for Commission in the development and implementation of the Plan. (b) The Commission may employ, as provided in the Ordinance of Estimates, consultants and other personnel necessary for the proper performance of its duties. *History: Ord. 07-488* #### § 34-7 Adoption of Plan. Balt., Md., Code art. 5, § 34-7 (2026) To be become effective, the Sustainability Plan or an amendment to it must be approved by an Ordinance of the Mayor and City Council. *History: Ord. 07-488* #### § 34-8 Effect of Plan. Balt., Md., Code art. 5, § 34-8 (2026) The Sustainability Plan will be incorporated into the City’s Comprehensive Master Plan as an appendix. *History: Ord. 07-488* ### Subtitle 35 – American Preference for Vehicle Procurement #### § 35-1 Definitions. Balt., Md., Code art. 5, § 35-1 (2026) (a) As used in this subtitle, the following terms have the meanings indicated unless their context clearly indicated otherwise. (b) (c) “Subcontract” means any agreement between a vendor and another person for the performance of work under a procurement contract. (d) “Vehicle procurement contract” means every agreement entered into by the City Purchasing Agent or a City agency with a vendor to buy, rent, lease, or otherwise obtain or acquire passenger cars and trucks. (e) “Vendor” means any person who enters into a vehicle procurement agreement with the City Purchasing Agent or a City agency. *History: Ord. 91-773* *History: Ord. 22-125* #### § 35-2 Purpose of subtitle. Balt., Md., Code art. 5, § 35-2 (2026) (a) The Mayor and City Council of Baltimore find that: (1) the economy and general welfare of this City and its people, as well as the economy and welfare of the State of Maryland and the United States, is adversely affected when international fair trade laws are not being equitably applied to all nations; (2) unfair trade practices have resulted in foreign products saturating city, state, and national markets, which places American businesses and industry in an untenable competitive posture; (3) the erosion of American industry, especially the automobile industry, has already translated into the loss of thousands of American jobs; (4) the taxes paid to the City and the State by local workers engaged in the production, construction, and sale of such products provide a significant source of public revenue in Baltimore City and the State of Maryland; and (5) with the reduction of the tax base and the loss of other revenue caused by plant closings, the loss of jobs, and related economic dislocations and relocations, the City is faced with a great fiscal burden when thousands of our citizens must seek public assistance. (b) The Mayor and City Council of Baltimore City declares that it is the policy of this City that: (1) the City Purchasing Agent and all City agencies, at all times, shall aid and promote the economy of the City and likewise the State and the United States by making every reasonable effort to ensure that passenger cars and trucks purchased through the City’s procurement system be produced in the United States; (2) the first option in the purchase of passenger cars and trucks by any City agency should be the purchase of such items that are completely produced in the United States; (3) a program be established by September 30, 1991, to inform bidders of the City’s policy for passenger cars and trucks of American businesses; (4) as a first step in the process, this policy shall apply to the procurement of all passenger cars and trucks; and (5) additional products shall be added by executive order or legislation of the Baltimore City Council. *History: Ord. 91-773* #### § 35-3 Procurement requirements. Balt., Md., Code art. 5, § 35-3 (2026) All passenger cars and trucks which are provided pursuant to a vehicle procurement contract or subcontract shall be manufactured or assembled in the United States. *History: Ord. 91-773* #### § 35-4 Bids; contracts; annual reports. Balt., Md., Code art. 5, § 35-4 (2026) (a) A vehicle procurement contract and any subcontract to a vehicle procurement contract shall contain a notice notifying the City Purchasing Agent when any passenger cars and trucks or any component or part of any of them that are provided under vehicle procurement contract or subcontract are manufactured or produced in any other nation except the United States. (b) (1) The City Purchasing Agent and all City agencies shall include in all City bids and requests for bids a statement of the City’s policy on the preference for passenger cars and trucks made or assembled by American businesses. (2) All bids submitted to the City Purchasing Agent or City agencies shall identify when passenger cars and trucks of American businesses have been included in the bid. (c) The City Purchasing Agent shall submit an annual report to the Mayor and City Council on the number and amount of contracts that included the purchase of passenger cars and trucks as provided for in this subtitle. *History: Ord. 91-773* #### § 35-5 Exemptions. Balt., Md., Code art. 5, § 35-5 (2026) (a) This subtitle does not apply to any vehicle procurement contract or subcontract that involves a purchase of $16,000 or less. (b) This subtitle does not apply to the purchase of any passenger cars and trucks that the City Purchasing Agent has certified in writing are: (1) not produced in sufficient quantity in the United States to meet the agency’s requirements; or (2) not available in the United States in the necessary time to meet the agency’s requirements. *History: Ord. 91-773* #### § 35-6 Rules and regulations. Balt., Md., Code art. 5, § 35-6 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations to carry out the provisions of this subtitle. *History: Ord. 91-773* *History: Text Conformed 02/14/21* ### Subtitle 35A – Required Procurement of Zero-Emission Vehicles. #### § 35A-1 Definitions. Balt., Md., Code art. 5, § 35A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated, except as otherwise expressly provided. (b) “Administrative fleet” means the group of City-owned, leased, or rented vehicles with gross vehicle weight ratings of 8,600 pounds or less. (c) “Subcontract” means any agreement between a vendor and another party for the performance of work under a vehicle procurement contract. (d) “Vehicle” has the meaning stated in City Code Article 31, § 1-3(q) {“Definitions — S to Z : . . . Vehicle”}. (e) “Vehicle procurement contract” means an agreement entered into by the City Purchasing Agent or a City agency with a vendor to buy, rent, lease, or otherwise obtain or acquire a vehicle. (f) “Vendor” means a person who enters into a vehicle procurement contract with the City Purchasing Agent or a City agency. (g) “Vocational fleet” means the group of City-owned, leased, or rented vehicles with gross vehicle weight ratings of more than 8,600 pounds. (h) “Zero-emission vehicle” means a vehicle that meets the State’s zero-emission vehicle requirements, as described in COMAR 26.11.34.09. (i) “Zero-emission vehicle equivalent” means a zero-emission vehicle that possesses the same capabilities as a traditional vehicle powered by an internal combustion engine. (j) “Zero-emission vehicle infrastructure” means the structures, machinery, equipment, and utilities necessary to support the use and maintenance of a zero-emission vehicle. *History: * *History: * #### § 35A-2 Zero-emission vehicle procurement requirements. Balt., Md., Code art. 5, § 35A-2 (2026) City agencies must increase their procurement of zero-emission vehicles so that 100% of all vehicles purchased, leased, or rented for the administrative fleet will be zero-emission vehicles by January 1, 2030. *History: * *History: * #### § 35A-3 Applicability of subtitle. Balt., Md., Code art. 5, § 35A-3 (2026) (a) This subtitle only applies to vehicle procurement contracts or subcontracts worth $16,000.00 or more. (b) (1) The Department of General Services shall: (i) determine if a zero-emission vehicle equivalent is available to satisfy each vehicle procurement contract and subcontract; and (ii) if the Department determines that a zero-emission vehicle equivalent is available, recommend at least 1 zero-emission vehicle equivalent to the City Purchasing Agent to satisfy the vehicle procurement contract or subcontract. (2) The Department of General Services shall consider the following factors when determining if a zero-emission vehicle equivalent is available to satisfy a vehicle procurement contract or subcontract: (i) operational and reliability specifications; (ii) cost; and (iii) market availability. (3) In determining equivalency, analysis of the “cost” factor required by paragraph (2) shall include: (i) the evaluation of the available zero-emission vehicle infrastructure and whether it is sufficient to support zero-emission vehicles to be procured under the subject vehicle procurement contract or subcontract; and (ii) what, if any, construction of new zero-emission vehicle infrastructure is required to support the procurement of zero-emission vehicles under the subject vehicle procurement contract or subcontract. (4) If the Department of General Services determines that a zero-emission vehicle equivalent is unavailable to fulfill a single vehicle procurement contract or subcontract the Department shall deliver a certified determination by the Director or the Director’s designee to the City Purchasing Agent containing: (i) an explanation of the determination; (ii) the Department’s analysis of the following factors: (A) operational and reliability specifications; (B) cost; and (C) market availability; and (iii) supporting materials. *History: * *History: * #### § 35A-4 Required bid information. Balt., Md., Code art. 5, § 35A-4 (2026) The City Purchasing Agent and all City agencies shall include, in all City bids and requests for bids for a vehicle procurement contract, a statement of the City’s policy on zero-emission vehicles. *History: * *History: * #### § 35A-5 Annual report. Balt., Md., Code art. 5, § 35A-5 (2026) The Department of General Services, with cooperation from all City agencies, shall submit an annual report to the Mayor and City Council that includes: (1) the quantity and value of all vehicle procurement contracts and subcontracts both ongoing and new within the past year; (2) an accounting of both the administrative fleet and the vocational fleet, including: (i) the number of vehicles; (ii) the life cycle age of each vehicle; (iii) the planned replacement year for each vehicle; and (iv) a determination if there is currently a zero-emission vehicle equivalent available to replace the vehicle; (3) a list of all vocational fleet vehicles replaced during the preceding year and an explanation why a zero-emission vehicle equivalent was not selected; (4) an assessment of when it will be both operationally and fiscally appropriate to create fixed zero-emission vehicle equivalent replacement goals for the vocational fleet; and (5) an assessment of zero-emission vehicle technology and analysis of how that technology will impact the City’s Sustainability and Environmental Management Plan, specifically the Plan’s measures for developing, implementing, and coordinating the City policies that make all City operations achieve net-zero emissions by January 1, 2045. *History: * *History: * #### § 35A-6 Rules and regulations. Balt., Md., Code art. 5, § 35A-6 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance and the Director of the Department of General Services may adopt rules and regulations to carry out the provisions of this subtitle. *History: * *History: * ### Subtitle 36 – Purchase Orders #### § 36-1 Drafts authorized. Balt., Md., Code art. 5, § 36-1 (2026) The City Purchasing Agent is authorized to send out with certain purchase orders to city suppliers a draft or other form of payment to cover the cost of the goods or services on the order. *History: Ord. 80-182* *History: Ord. 82-663* #### § 36-2 Signatures. Balt., Md., Code art. 5, § 36-2 (2026) (a) The drafts shall bear the signatures of: (1) the City Purchasing Agent or the Acting City Purchasing Agent in the absence of the City Purchasing Agent; and (2) another person from the Bureau of Purchases designated by the Director of Finance. (b) 1 of the 2 signatures must be manual. *History: Ord. 80-182* *History: Ord. 82-663* #### § 36-3 Maximum amount. Balt., Md., Code art. 5, § 36-3 (2026) The maximum dollar amount of a draft shall be $2,000. *History: Ord. 80-182* *History: Ord. 82-663* ### Subtitle 37 – Payment of City Obligations #### § 37-1 Definitions. Balt., Md., Code art. 5, § 37-1 (2026) (a) For the purpose of this subtitle, the following words have the meanings indicated unless their context clearly indicates otherwise. (b) “City” means Mayor and City Council of Baltimore, the body politic and corporate as established by the Baltimore City Charter. (c) “Construction estimate” means that document signed by the contractor, the inspector, the proper division and bureau chief, and the Director of Public Works, the Director of General Services, or the Director of Transportation, whichever has jurisdiction, certifying that certain work has been completed on a construction contract. (d) (1) “Contractor” means any person having a contract with the City. (2) “Contractor” does not include employees with labor contracts. (e) “Director” means the Director of Finance. (f) “Payment date” means the date of the Director’s check. (g) (h) “Proper invoice” means an invoice which contains the contractor’s federal Employer’s Identification Number or Social Security Number and the contract or purchase order number or other description of the contract and which contains or is accompanied by such substantiating information and documentation as required by the Director. (i) “Receipt date” means the date that a proper invoice and receiving notice or, in the case of a construction contract, a proper construction estimate is received and recorded by the Bureau of Payroll and Disbursements. *History: Ord. 89-280* *History: Ord. 15-435* *History: Ord. 22-125* #### § 37-2 City payment policy. Balt., Md., Code art. 5, § 37-2 (2026) (a) It is the policy of this City that payment pursuant to any authorized, written procurement contract shall be made by the City to the contractor not later than 30 calendar days from the receipt date of a proper invoice. (b) Payment pursuant to a construction contract shall be made by the City to the contractor not later than the date specified in the contract or, if no date is specified, then not later than 30 days from the receipt date of a proper construction estimate. *History: Ord. 89-280* #### § 37-3 Interest. Balt., Md., Code art. 5, § 37-3 (2026) (a) Any amount due and payable pursuant to law and under an authorized, written procurement contract or a construction contract which remains unpaid for more than 45 calendar days after the receipt date shall accrue interest, at a rate specified by the Board of Estimates, for the period that begins 31 calendar days after the receipt date. (b) If the written construction contract specifies a date before which payment must be made by the City, then the provisions of that contract shall apply to the payment of interest by the City. *History: Ord. 89-280* #### § 37-4 Exemptions. Balt., Md., Code art. 5, § 37-4 (2026) The City is not liable for the payment of interest pursuant to this subtitle: (1) if a proper invoice for accrued interest is not submitted within 30 calendar days after the payment date of the amount on which the interest accrued; (2) if there is a dispute between the City and the contractor; (3) for more than 1 year following the 31st calendar day after the receipt date; or (4) on amounts representing unpaid interest. *History: Ord. 89-280* #### § 37-5 Rules and regulations; allocation of interest charges. Balt., Md., Code art. 5, § 37-5 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations approved by the Board of Estimates to carry out this subtitle. (b) The Director may charge the contracting City agency the interest provided for in this subtitle when the City agency is the cause of any delay requiring the payment of interest; otherwise the Department of Finance shall pay the interest provided for in this subtitle. *History: Ord. 89-280* *History: Text Conformed 02/14/21* ### Subtitle 38 – Vendors’ Hot Line #### § 38-1 Establishment; costs. Balt., Md., Code art. 5, § 38-1 (2026) (a) The City Purchasing Agent shall establish a telephone line or system of telephone lines known as the Vendors’ Hot Line. (b) Any City agency that uses the hot line to advertise contract opportunities shall contribute its proportional share to the cost of the hot line operation. *History: Ord. 88-057* *History: Ord. 90-594* *History: Ord. 91-771* #### § 38-2 Purpose. Balt., Md., Code art. 5, § 38-2 (2026) (a) The primary purpose of the Vendors’ Hot Line is to provide callers with prerecorded information on all contracting opportunities that are currently available with agencies or departments of the City of Baltimore. (b) The Vendors’ Hot Line shall provide by prerecorded message to callers the following information: (1) the title of the bid and other identifying information on the contract; (2) the nature of the procurement, including whether the procurement is for supplies, services, construction, or commodities; (3) the amount of deposit required, if any; (4) a reference to the MBE/WBE requirements; (5) a reference to the City’s policy and requirements regarding recycled and recyclable materials; (6) the date, time, and place for submission of bids; (7) a brief description of the type of supplies, services, commodities, or construction being sought and whether the offer is for term contract {sic}; (8) where and when further information on the contract may be obtained; and (9) any other information the Director of Purchasing considers appropriate and practicable. *History: Ord. 88-057* *History: Ord. 90-594* *History: Ord. 91-771* *History: Ord. 22-124* #### § 38-3 Weekly updates. Balt., Md., Code art. 5, § 38-3 (2026) (a) The Director of Purchasing shall have the Vendors’ Hot Line in operation on or before October 1, 1988. (b) Thereafter, the information on the Vendors’ Hot Line shall be updated at least once each week. *History: Ord. 88-057* *History: Ord. 90-594* *History: Ord. 91-771* ### Subtitle 39 ### Subtitle 40 – Debarment from City Contracts #### Part I – Definitions; General Provisions ##### § 40-1 Definitions. Balt., Md., Code art. 5, § 40-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Board” means the Baltimore City Board of Estimates. (c) “Business” means any commercial activity conducted by a person. (d) “City” means: (1) the Mayor and City Council of Baltimore; and (2) any of its agencies, instrumentalities, or units. (e) “Contract” means any agreement in any form. (f) “Controlling stockholder” means a stockholder who: (1) owns more than 25% of the voting stock of a corporation; or (2) notwithstanding the number of shares that the stockholder owns, has the power to direct or control the direction of the management or policies of a corporation. (g) “Convicted” includes an accepted plea of nolo contendere. (h) (i) “Principal” means: (1) a sole proprietor; (2) a partner, officer, director, or controlling stockholder; or (3) an employee directly involved in the process of obtaining contracts with public bodies. (j) “Public body” means: (1) the United States; (2) the State of Maryland; (3) the City of Baltimore; (4) any other local governmental unit in the State, including a county, a municipal corporation, or a bicounty or multicounty governmental entity; and (5) any agency, instrumentality, or unit of these entities. *History: Ord. 00-005* *History: Ord. 22-125* ##### § 40-2 Probation before judgment. Balt., Md., Code art. 5, § 40-2 (2026) For purposes of this subtitle, the Board may treat the imposition of probation before judgment as a conviction. *History: Ord. 00-005* ##### § 40-3 Rules and regulations. Balt., Md., Code art. 5, § 40-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board may adopt rules and regulations to carry out this subtitle. *History: Ord. 00-005* *History: Text Conformed 02/14/21* ##### § 40-4 Notices. Balt., Md., Code art. 5, § 40-4 (2026) All notices required to be given under this subtitle must be in writing. *History: Ord. 00-005* #### Part II – Offenses Subject to Debarment ##### § 40-5 Automatic debarment for certain bribery offenses. Balt., Md., Code art. 5, § 40-5 (2026) A person is debarred by operation of law from entering into a contract with the City if the person has been convicted under the laws of this State or of the United States for bribery, attempted bribery, or conspiracy to bribe, committed in furtherance of obtaining a contract with a public body. *History: Ord. 00-005* ##### § 40-6 Other bribery offenses. Balt., Md., Code art. 5, § 40-6 (2026) The Board may debar a person from entering into a contract with the City, if the person: (1) has been convicted under the laws of this State or of the United States for bribery, attempted bribery, or conspiracy to bribe, committed other than in furtherance of obtaining a contract with a public body; (2) has been convicted under the laws of another state of bribery, attempted bribery, or conspiracy to bribe; or (3) during the course of an official investigation or other proceeding, has admitted, in writing or under oath, an act or omission that would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of this State, another state, or the United States. *History: Ord. 00-005* ##### § 40-7 Violations of other laws. Balt., Md., Code art. 5, § 40-7 (2026) (a) The Board may debar a person from entering into a contract with the City if that person, or a principal of that person, or any other person substantially involved in that person’s contracting activities: (1) has been convicted under the laws of the City, this State, another state, or the United States of: (i) a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (ii) fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property; (2) has been convicted of a criminal violation of an antitrust statute of this State, another state, or the United States; (3) has been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act or of the Mail Fraud Act for acts in connection with the submission of bids or proposals for a public or private contract; (4) has been convicted of a violation of Title 14 {“Preferences”}, Subtitle 3 {“Minority Business Participation”} of the State Finance and Procurement Article; (5) has been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described in paragraphs (1) through (5) of this subsection; (6) has been found civilly liable under an antitrust statute of this State, another state, or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or (7) has been found in a final administrative determination to have violated the City’s Commercial Non-Discrimination Policy, as set forth in Subtitle 29 of this article. (b) The Board may debar a person from entering into a contract with the City if, during the course of an official investigation or other proceeding, that person, or a principal of that person, or any other person substantially involved in that person’s contracting activities has admitted, in writing or under oath, an act or omission that constitutes grounds for conviction or liability under any law described in subsection (a) of this section. *History: Ord. 00-005* *History: Ord. 06-186* ##### § 40-8 Other events. Balt., Md., Code art. 5, § 40-8 (2026) The Board may debar a person from entering into a contract with the City: (1) if the Board finds that the person was established or operates in a way designed to evade the application of this subtitle or to defeat the purpose of this subtitle; (2) if the person is a principal, successor, assignee, subsidiary, or affiliate of a person who is debarred or suspended; (3) for one of the following violations of a contract provision, if the Board believes the violation to be serious enough to justify debarment: (i) the deliberate failure to perform in accordance with the specifications or within the time limits provided in a contract; or (ii) within the preceding 5 years, the failure to perform or the unsatisfactory performance in accordance with the terms of 1 or more contracts, unless the failure to perform or unsatisfactory performance was caused by acts beyond the control of the person; or (4) for any other cause that the Board determines to be so serious as to affect the integrity of the procurement process. *History: Ord. 00-005* #### Part III – City Solicitor ##### § 40-9 Designation of representative. Balt., Md., Code art. 5, § 40-9 (2026) The City Solicitor may designate one or more Assistant Solicitors to perform the functions and duties assigned by this subtitle. *History: Ord. 00-005* ##### § 40-10 Reports to Board. Balt., Md., Code art. 5, § 40-10 (2026) The City Solicitor shall promptly report to the Board any information that indicates a basis for instituting debarment proceedings under this subtitle. *History: Ord. 00-005* ##### § 40-11 Investigations — in general. Balt., Md., Code art. 5, § 40-11 (2026) The City Solicitor shall investigate the matters to be determined by the Board in any hearing held under this subtitle. *History: Ord. 00-005* ##### § 40-12 Investigations — investigative demand. Balt., Md., Code art. 5, § 40-12 (2026) (a) This section applies whenever the City Solicitor reasonably believes that a person may have information or may possess or have custody of or control over any potential evidence, wherever situated, that the City Solicitor believes is relevant to an investigation under this subtitle. (b) Before making any recommendation to the Board, the City Solicitor may serve on a person described in subsection (a) of this section a written investigative demand that requires the person to do one or more of the following: (1) be examined under oath; (2) answer written interrogatories; or (3) produce documentary material for inspection and copying. (c) The demand of the City Solicitor shall: (1) state the matter under investigation; (2) describe the documentary material to be produced with sufficient specificity to indicate fairly the material demanded; (3) contain a copy of the written interrogatories to be answered; (4) specify the place for taking testimony and for producing documentary materials; and (5) prescribe a reasonable time of not less than 3 days after the demand is served within which the person must comply with the demand. (d) If the person fails to comply with the demand, the City Solicitor may apply to a court of appropriate jurisdiction for an order requiring compliance. *History: Ord. 00-005* ##### § 40-13 Preliminary recommendations. Balt., Md., Code art. 5, § 40-13 (2026) On completing the investigation of a person, the City Solicitor may recommend to the Board whether the Board should: (1) institute debarment proceedings against the person; and (2) suspend the person pending a final decision. *History: Ord. 00-005* ##### § 40-14 Participation in proceedings. Balt., Md., Code art. 5, § 40-14 (2026) As a party to any proceeding brought under this subtitle, the City Solicitor may: (1) present to the Board the evidence that the City Solicitor considers appropriate; and (2) recommend to the Board: (i) whether the Board should debar the person; and (ii) the appropriate time period for the debarment. *History: Ord. 00-005* #### Part IV – Debarment Procedures ##### § 40-15 Reports. Balt., Md., Code art. 5, § 40-15 (2026) (a) Each agency, instrumentality, and unit of the City shall promptly report to the Board any information that indicates a cause for debarment under: (1) § 40- 5 {“Automatic debarment for certain bribery offenses”}; (2) § 40-6 {”Other bribery offenses”}; (3) § 40-7 {“Violations of other laws”}; or (4) § 40-8 {“Other events”}. (b) The Board shall seek to obtain from the State Board of Public Works timely copies of reports made to the State Board under § 16-302 of the State Finance and Procurement Article. *History: Ord. 00-005* ##### § 40-16 Notice and opportunity for hearing — automatic debarments. Balt., Md., Code art. 5, § 40-16 (2026) (a) This section applies if: (1) a person is convicted of an offense described in § 40-5 {“Automatic debarment for certain bribery offenses”} of this subtitle; and (2) that person or a business in which that person is a principal is seeking a contract with the City. (b) When the Board learns of the conviction, the Board shall: (1) notify the person of the person’s automatic debarment under § 40-5 of this subtitle; and (2) give the person reasonable opportunity to be heard on whether the stated basis for debarment exists. *History: Ord. 00-005* ##### § 40-17 Notice and opportunity for hearing — other debarments. Balt., Md., Code art. 5, § 40-17 (2026) (a) This section applies if: (1) a person is subject to debarment under § 40-6 {“Other bribery offenses”}, § 40-7 {“Violations of other laws”}, or § 40-8 {“Other events”} of this subtitle; and (2) that person or a business in which that person is a principal is seeking or is performing under a contract with the City. (b) (1) When the Board receives information that indicates a basis for debarring a person under § 40-6, § 40-7, or § 40-8 of this subtitle, the Board may institute debarment proceedings by notice to that person. (2) The notice shall state: (i) the grounds for the debarment; (ii) the person’s right to a hearing before the Board; and (iii) that the right to a hearing is waived unless the person files a request for hearing as required by subsection (c) of this section. (c) A request for a hearing must be: (1) in writing; and (2) filed with the Board within 30 days after the person received the notice. (d) If the person fails to file a request for hearing as required by subsection (c) of this section, the person: (1) waives the right to a hearing; and (2) is debarred. *History: Ord. 00-005* ##### § 40-18 Suspension pending decision. Balt., Md., Code art. 5, § 40-18 (2026) (a) Pending a final decision on a debarment, the Board may suspend any person against whom debarment proceedings have been instituted under this subtitle. (b) A business is suspended to the same extent that a person is suspended under this section if: (1) the suspended person’s debarment would cause the debarment of the business under § 40-20 {“Debarment of businesses”} of this subtitle; and (2) the Board notifies the business of its suspension under this subsection. (c) (1) A person or business suspended under this section may petition the Board to modify or terminate the suspension. (2) In its sole discretion, the Board may conduct a hearing on the petition. (3) In considering the petition, the Board shall determine whether the integrity of the contracting process and the best interests of the City would be served by continuing, modifying, or terminating the suspension. (4) The Board shall give the petitioner notice of the Board’s decision. *History: Ord. 00-005* ##### § 40-19 Hearing and decision. Balt., Md., Code art. 5, § 40-19 (2026) (a) (1) Within 90 days after receipt of a request for a hearing, the Board shall: (i) conduct a hearing; and (ii) decide whether the person should be debarred. (2) The time for hearing and decision may be extended by the Board for good cause shown. (b) In a proceeding under § 40-6, § 40-7, or § 40-8 of this subtitle, the Board shall: (1) determine whether the integrity of the contracting process and the best interests of the City would be served by debarring the person from entering into or performing contracts with the City; and (2) for that purpose, consider all relevant factors, including: (i) the nature and seriousness of the act that caused the person to be subject to debarment; (ii) the time the act occurred; (iii) whether and to what extent the person cooperated with authorities investigating the matter; (iv) the conditions under which the person cooperated; and (v) the conduct of the person since the act occurred. (c) (1) The Board shall notify the person of the Board’s decision. (2) The notice shall: (i) state whether the person is debarred for the act in question; and (ii) if the person is debarred, state the period of debarment. *History: Ord. 00-005* ##### § 40-20 Debarment of businesses. Balt., Md., Code art. 5, § 40-20 (2026) (a) A business is debarred from entering into or performing under a contract with the City if the Board debars any principal in that business. (b) A business debarred under subsection (a) of this section is debarred to the same extent as the debarred principal. (c) A business remains debarred under this section: (1) as long as the debarred person remains with the business in any principal capacity; or (2) until the debarment is removed in accordance with this subtitle. (d) The Board shall notify a business of any debarment of the business under this section. *History: Ord. 00-005* #### Part V – Reinstatements ##### § 40-21 Automatic reinstatement. Balt., Md., Code art. 5, § 40-21 (2026) If the conviction that was the basis for a debarment or suspension is reversed or otherwise voided, the debarment or suspension terminates automatically. *History: Ord. 00-005* ##### § 40-22 Petitions for reinstatement. Balt., Md., Code art. 5, § 40-22 (2026) (a) A person debarred under this subtitle may petition the Board for removal of the debarment as provided in this section. (b) For a person debarred under § 40-5 or § 40-6 of this subtitle, the petition may be filed at any time after expiration of 5 years from: (1) the date of the debarment; or (2) in the case of an automatic debarment under § 40-5, the date of the Board’s notice under § 40-16 {“Notice and opportunity for hearing — automatic debarments”}. (c) For a person debarred under § 40-7 or § 40-8 of this subtitle, the petition may be filed at any time after expiration of the earlier of: (1) one-half of the period of debarment; or (2) 5 years from the date of the debarment. *History: Ord. 00-005* *History: Ord. 14-307* ##### § 40-23 Reinstatement hearing and decision. Balt., Md., Code art. 5, § 40-23 (2026) (a) (1) Within 90 days after receipt of a petition, the Board shall: (i) conduct a hearing; and (ii) decide whether the debarment should be removed. (2) The time for hearing and decision may be extended by the Board for good cause shown. (b) In deciding whether the debarment should be removed, the Board shall: (1) determine whether the integrity of the contracting process and the best interests of the City would be served by continuing the debarment; and (2) for that purpose, consider all relevant factors, including those listed in § 40-19(b) {“Hearing and decision: Factors to be considered”}. (c) (1) The Board shall notify the petitioner of the Board’s decision. (2) The notice shall state: (i) whether the debarment is removed or continued; and (ii) if continued, how long the petitioner must wait before again petitioning for reinstatement. *History: Ord. 00-005* #### Part VI – Effect and Enforcement of Debarment ##### § 40-24 Effect of debarment or suspension. Balt., Md., Code art. 5, § 40-24 (2026) A person or business that is debarred or suspended under this subtitle may not, at any time during the period of debarment or suspension, be considered for the award of, be awarded, or perform, directly or indirectly, a contract with the City. *History: Ord. 00-005* ##### § 40-25 Roster of debarred and suspended persons and businesses. Balt., Md., Code art. 5, § 40-25 (2026) (a) The Board shall keep a roster of all persons and businesses debarred or suspended under this subtitle. (b) The roster is a public record. *History: Ord. 00-005* ##### § 40-26 Affidavits of qualification. Balt., Md., Code art. 5, § 40-26 (2026) (a) On submitting a bid, proposal, or other offer or request for a contract with the City, a person must submit an affidavit as provided in this section. (b) The affidavit shall state whether, to the best of the person’s knowledge, the person or any principal in the person’s business: (1) has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of this State, any other state, or the United States; (2) has been convicted of any offense described in § 40-7 of this subtitle; (3) has been found civilly liable under an antitrust statute as described in § 40-7 of this subtitle; or (4) is a principal, successor, assignee, subsidiary, or affiliate of a person who is debarred or suspended. (c) The affidavit also shall contain the person’s affirmation that, in performing the contract with the City, it will not knowingly contract with a person or business debarred or suspended under this subtitle to provide, directly or indirectly, supplies, architectural services, construction or construction-related services, leases of real property, or any other goods or services. (d) The requirements of this section are satisfied if the affidavit: (1) incorporates by reference the statements contained in an affidavit filed with the City within the previous year; and (2) states that those statements remain accurate. *History: Ord. 00-005* ##### § 40-27 Limitations of actions. Balt., Md., Code art. 5, § 40-27 (2026) (a) Except as provided in subsection (b) of this section, debarment proceedings under this title must be instituted within 5 years after: (1) the conviction or judgment that constitutes cause for debarment has become final; (2) the admission that constitutes cause for debarment has been made; or (3) the occurrence of any other event that constitutes a cause for debarment. (b) Debarment proceedings may be brought after the period set forth in subsection (a) of this section if they are instituted within 1 year of when the Board discovered or, by the exercise of ordinary diligence, should have discovered the grounds for debarment. *History: Ord. 00-005* ### Subtitle 41 – Prohibited Contracts #### § 41-1 Persons in contempt for unfair labor practices. Balt., Md., Code art. 5, § 41-1 (2026) (a) (1) The Board of Estimates shall establish and maintain a monthly list of all persons found in contempt of court by a federal court of appeals for failure to correct an unfair labor practice prohibited by the National Labor Relations Act (29 U.S.C. § 158, 49 Stat. 452). (2) This list shall contain the names of those persons found to have engaged in these practices during the 2-year period before the date of the list. (b) (1) The Board will consider any company whose name appears on this list to have violated this ordinance and shall upon a formal charge and hearing of the facts, inform that company of its inadmission to the procedure for awarding of public works, services, or supply contracts or subcontracts. (2) Nor shall any contract or subcontract be let to a bidder whose bid includes supplies from the adjudged violator. (c) This restriction does not prohibit the awarding of a contract to a company whose name does not appear on such a list but whose goods manufactured include component parts manufactured by a company whose name does appear on the list. (d) This restriction does not apply during an emergency situation when the listed person is the sole source of supply for the goods or services. *History: Ord. 79-1165* #### § 41-2 Persons owing delinquent taxes. Balt., Md., Code art. 5, § 41-2 (2026) (a) No contract shall be awarded to an individual, organization, or corporation which, at the time of the award, owes delinquent taxes to Baltimore City. (b) Beginning 60 days after the effective date of this section, any individual, organization, or corporation bidding or seeking to obtain the award for City contracts shall submit an affidavit attesting that all tax obligations have been met, and that no delinquent taxes are owed to Baltimore City. (c) Any individual, or representative of an organization or corporation who misrepresents his or its tax status, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $1,000 and/or imprisoned not more than 90 days. *History: Ord. 87-1027* #### § 41-3 Contracts using tropical hardwood. Balt., Md., Code art. 5, § 41-3 (2026) (a) The City of Baltimore may not purchase any tropical hardwood species listed in subsection (b) of this section, nor may any City-sponsored event utilize these products, nor may City public works contractors utilize these products. (b) Tropical hardwood species include, but are not limited to, the following:
Scientific Name Common Name
Vouacapoua Americana Acapu
Pericopsis Elata Afrormosia
Shorea Almon Almon
Peltogyne Spp. Amaranth
Guibourtia Ehie Amazaque
Aningeria Spp. Aningeria
Dipterocarpus Grandiflorus Apitong
Ochrama Lagopus Balsa
Virola Spp. Banak
Anisoptera Thurifera Bella Rosa
Guibourtia Arnoldiana Benge
Detarium Senegalese Boire
Guibourtia Demeusii Bubinga
Prioria Copaifera Cativo
Antiaris Africana Chenchen
Dalbergia Retusa Concobolo
Cordia Spp. Cordia
Diospyros Spp. Ebony
Aucoumea Klaineanal Gaboon
Chlorophora Excelsa Iroko
Acacia Koa Koa
Pterygota Macrocarpa Koto
Shorea Negrosensis Red Lauan
Pentacme Controta White Lauan
Shorea Polysperma Tanguile
Terminalia Superba Limba
Aniba Duckei Louro
Khaya Ivorensis Africa Mahogany
Swietenia Macrophylla Amer. Mahogany
Tieghemella Heckelii Makore
Distemonanthus Benthamianus Movingui
Pterocarpus Soyauxii African Paudak {Padauk}
Pterocarpus Angolensis Angola Paduak {Padauk}
Aspidosperma Spp. Peroba
Peltogyne Spp. Purpleheart
Gonystylus Spp. Ramin
Dalbergia Spp. Rosewood
Entandrophragama Cylindricum Sapele
Shorea Philippinensis Sonora
Tectona Grandis Teak
Lovoa Trichilioides Tigerwood
Milletia Laurentii Wenge
Microberlinia Brazzavillensis Zebrawood
(c) After the effective date of this section: (1) each wood vendor shall note on each invoice for wood products supplied [the] identity of the manufacturer of the products and that the material supplied is not tropical wood; and (2) each public works general contractor shall certify that no tropical hardwoods are being used by prime or subcontractors in the awarded project. (d) The Board of Estimates may exempt an item or type of product from the requirements of this section upon a showing that such item has no acceptable non-tropical wood equivalent or is required in a designated historic building. *History: Ord. 90-635* *History: Ord. 15-435* #### § 41-4 Face surveillance technology. Balt., Md., Code art. 5, § 41-4 (2026) (a) Nothing in this section applies to any contract, agreement, or memorandum of understanding for the access to or use of the Maryland Image Repository System. (b) (1) In this section, the following terms have the meanings specified. (2) “Face surveillance” means an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of the individual’s face. (3) (i) “Face surveillance system” means any computer software or application that performs face surveillance. (ii) “Face surveillance system” does not include: (A) a biometric security system designed to specifically to protect against unauthorized access to a particular location or an electronic device; or (B) surveillance technology as defined in Article 19, § 18-1(f) {“Definitions: Surveillance technology”}. (c) The City of Baltimore may not purchase or otherwise obtain a face surveillance system or face surveillance systems. (d) The City of Baltimore may not contract with another entity or individual, either directly or as a subcontract, for the use of face surveillance in the City. (e) This section automatically expires on December 31, 2022, unless the City Council, after causing an appropriate study to be undertaken, conducting public hearings, and hearing testimonial evidence, finds that the prohibitions set forth in this section remain in the public interest, in which case this section may be extended for 5 more years. *History: Ord. 21-038* ### Subtitles 42 to 43 ### Subtitle 44 – Tangible Personal Property #### § 44-1 Sale of tangible personal property. Balt., Md., Code art. 5, § 44-1 (2026) (a) (1) The Department of Finance is hereby authorized to sell any tangible personal property belonging to the Mayor and City Council of Baltimore which is no longer needed for municipal purposes. (2) Such sales may be either public or private and shall be made under such regulations as the Board of Estimates shall, from time to time, by resolution, adopt. (b) The proceeds derived from all such sales shall be accounted for as other revenue received by the Mayor and City Council of Baltimore. *History: Ord. 69-355* ### Subtitle 45 – Energy Costs #### § 45-1 DGS to supervise. Balt., Md., Code art. 5, § 45-1 (2026) (a) No bill for gas and electricity or steam furnished to the City may be paid by any department in the City unless the Department of General Services has certified the rate as correct. (b) The Department of General Services has general supervision of the gas, electric, and steam meters in all departments of the City. *History: Ord. 46-590* *History: Ord. 76-056* *History: Ord. 15-435* #### § 45-2 Annual energy consumption report. Balt., Md., Code art. 5, § 45-2 (2026) (a) (1) On or before January 1 of every year, each City agency shall provide the Department of Finance with an energy consumption report. (2) This report shall state: (i) how the agency has complied to date with the criteria and performance measures established by the Commission on Sustainability; (ii) the amount budgeted for energy consumption in the current fiscal year; (iii) the amount budgeted for energy consumption in the next fiscal year; and (iv) a plan to reduce energy consumption in the next fiscal year in accordance with the criteria and performance measures established by the Commission on Sustainability. (3) The amounts shall be stated in: (i) the units of energy billed by the sources, such as gallons, kilowatt-hours, or therms; (ii) the energy equivalent per year in the International System of Units (joules per year) or BTU’s by each energy source; (iii) the cost of each type of energy; and (iv) the total cost of energy for each agency. (b) This information shall be transmitted by the Department of Finance to the City Council on or before March 1 of the same year. *History: Ord. 81-237* *History: Ords. 07-488* ### Subtitle 46 ### Subtitle 47 – Miscellaneous Contract Provisions #### § 47-1 No Dumping Clause. Balt., Md., Code art. 5, § 47-1 (2026) Every contract awarded by the City shall include a provision that: (1) the contractor’s violation of any provision of City Health Title 7 {“Waste Control”}, Subtitle 6 {“Prohibited Disposal”}, constitutes a breach of the contract; and (2) the City may determine, in its discretion, whether the violation is a material breach warranting termination of the contract. *History: Ord. 09-202* ### Subtitle 48 – Miscellaneous Fees #### § 48-1 Marriage license fees for domestic violence shelters. Balt., Md., Code art. 5, § 48-1 (2026) (a) Pursuant to State Family Law Article § 2-404(d), the Clerk of the Circuit Court shall: (1) collect an additional fee of $75 for the issuance of a marriage license in Baltimore City, and (2) transmit the proceeds from this additional fee to the Mayor and City Council of Baltimore on a monthly basis. (b) (1) The proceeds so transmitted shall be segregated in a special fund and available for appropriation for the sole purpose of operating domestic violence shelters which have a 24-hour intake ability. (2) The Director of Finance shall disburse the monies in the special fund as provided by the appropriation and by any contracts entered into for this purpose. (c) Any such contract shall provide for annual financial and operating reports to be made in writing and, if requested, by an appearance of a representative of the contractor before the Board of Estimates and/or the City Council or a designated subcommittee thereof. *History: Ord. 83-986* *History: Ord. 86-749* *History: Ord. 82-739* *History: Ord. 11-412* #### § 48-2 Fees for copying, certifying, etc. records. Balt., Md., Code art. 5, § 48-2 (2026) The Director of Finance shall charge and receive the following fees: (1) for affixing the City Seal to documents and papers — $2 for each impression; (2) for authenticating copies of records — $1; (3) for every search, and for every certificate to a copy — 25¢. *History: Ord. 46-392* *History: Ord. 65-658* #### § 48-3 Penalty for bad checks. Balt., Md., Code art. 5, § 48-3 (2026) (a) There is hereby imposed a charge of $30 for each and every check or like written instrument which is not paid in full for any reason, other than any act of fault or neglect on the part of the Mayor and City Council of Baltimore, by the financial institution upon which it is drawn when on first return indicates “No Funds” or “Account Closed” or when presented a second time for payment or dishonored regardless of reason (hereinafter designated as “worthless instrument”) on every person or other legal entity who presents any such worthless instrument to the Mayor and City Council of Baltimore or the Director of Finance of Baltimore City, or any of their agents or employees, in payment of any tax, charge, fee, assessment, or impost of any kind levied or imposed under any law, ordinance, rule, or regulation. (b) When the instrument is submitted in payment of more than 1 City bill, then this charge shall be imposed for each bill. (c) Such charge(s) shall be collected by the Director of Finance of Baltimore City, and shall be a lien upon the property involved in any particular case and shall be recorded in the Tax Lien Record maintained by the Collection Division in all appropriate cases, in the same manner and to the same extent as the tax, charge, fee, assessment, or impost in connection with which the worthless instrument was presented in payment is collected and is a lien upon property and is recorded in the aforesaid Tax Lien Record. *History: Ord. 71-1089* *History: Ord. 81-224* *History: Ord. 81-544* *History: Ord. 90-521* ### Subtitle 49 – American Rescue Plan Funds #### § 49-1 Definitions. Balt., Md., Code art. 5, § 49-1 (2026) (a) In this section {subtitle}, the following terms have the meanings indicated. (b) “Director” means the Director of the Department of Finance or the Director’s designee. (c) “Funds” means the $641 million Baltimore City has received from the State and Local Fiscal Recovery Fund. *History: Ord. 22-107* #### § 49-2 Oversight. Balt., Md., Code art. 5, § 49-2 (2026) (a) In order for the City Council to oversee the management of the Funds, the Director, in collaboration with leadership from other City agencies, shall provide the City Council with: (1) monthly reports; (2) quarterly briefings; (3) equity reports; and (4) annual reports. (b) Each monthly report shall: (1) provide data and metrics regarding how the funds have: (i) increased the effectiveness of City government services; (ii) broadened the reach of City government services; (iii) made City government services more efficient; or (iv) made City government services more sustainable; and (2) identify key performance indicators, benchmarks, and targets relating to: (i) equity, as defined in Article 1, § 39-1 of the Baltimore City Code; (ii) population growth; (iii) labor and employment; (iv) economic growth, especially the growth of minority and women-owned businesses; and (v) community benefit. (c) Each quarterly briefing shall include financial disclosures regarding: (1) monthly funding allocations; (2) limitations on the use of the Funds; (3) operational expenses, including information regarding community outreach and marketing and promotional materials; (4) the creation of grants; (5) procurement procedures; and (6) disbursement procedures. (d) (1) On or before June 30 of each year, the Director shall submit an annual report to the City Council and the Director of the Department of Legislative Reference. (2) The City Council shall publish the annual report online for public review. (3) The annual report shall include: (i) an assessment of disbursement and management of the Funds; (ii) disaggregated data of disbursement recipients; (iii) inequities addressed by the Funds; (iv) recommended steps to address and resolve identified inequities; and (v) updates regarding community engagement. *History: Ord. 22-107* ## Article 6 – Historical and Architectural Preservation ### Subtitle 1 – Definitions; General Provisions #### § 1-1 Definitions. Balt., Md., Code art. 6, § 1-1 (2026) (a) In this article, the following terms have the meanings indicated. (b) “Authorization to Proceed” means approval from the Commission for Historical and Architectural Preservation that: (1) permits an applicant to complete alterations to a historic structure, as proposed in the application; (2) is issued by the Director or the Director’s designee following the Commission’s approval; (3) includes a description of the proposed work; and (4) may be approved by the Commission or issued by the Director with conditions. (c) “Building Official” has the meaning stated in § 103.1 of the Baltimore City Building Code. (d) “Commission” or “CHAP” means the Commission for Historical and Architectural Preservation established under this article. (e) “Conservation District” or “Historical Conservation District” means an area designated as a Conservation District under subtitle 3 {“Designation of Preservation Districts and Conservation Districts”} of this article. (f) “Demolition” includes “demolition by neglect”, which means neglect in the maintenance or repair of a structure, resulting in any of the following conditions: (1) the deterioration of any architectural feature so as to create or permit the creation of a hazardous or unsafe condition; (2) the deterioration of walls or other vertical supports; (3) the deterioration of roofs or other horizontal members; (4) the deterioration of chimneys; (5) the deterioration or crumbling of plaster or mortar; or (6) the ineffective waterproofing of walls, roofs, and foundations, including broken windows and doors. (g) “District” means a Historical and Architectural Preservation District or a Historical Conservation District. (h) “Executive Director” or “Director” means the Executive Director of the Commission for Historical and Architectural Preservation or the Director’s designee. (i) “Historical and Architectural Preservation District” or “Preservation District” means an area designated as a Historical and Architectural Preservation District under Subtitle 3 {“Designation of Historical Districts and Historical Conservation Districts”}, of this article. (j) “Landmark” means a property listed on a Landmark List. (k) “Landmark List” means either or both of the following, as established and maintained under Subtitle 4 {“Designation of Landmarks”}, of this article: (1) the Landmark List: Exteriors; and (2) the Landmark List: Public Interiors. (l) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this article “person” also includes, except as used in § 9-4 {“Criminal penalties”} of this article, a governmental entity or an instrumentality or unit of a governmental entity. (m) “Potential Landmark” means a property listed on a Potential-Landmark List. (n) “Potential-Landmark List” means either or both of the following, as established and maintained under Subtitle 5 {“Designation of Potential Landmarks”}, of this article: (1) the Potential-Landmark List: Exteriors; and (2) the Potential-Landmark List: Public Interiors. (o) “Public interior” means any part of a structure’s interior that is determined by the Commission to be: (1) customarily open or accessible to the public; and (2) of historical or architectural significance. (p) “Regulated alteration” means any addition, alteration or other action described in § 8-2(a) {“Building permit required: Exterior structures”} or § 8-2(b) {“Building permit required: Public interiors”}, as the case may be, of this article. (q) “Structure” means any creation of humans or nature. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 04-672* *History: Ord. 07-550* *History: Ord. 15-408* *History: Ord. 22-125* *History: * #### § 1-2 Balt., Md., Code art. 6, § 1-2 (2026) Reserved *History: Ord. 93-169* *History: Ord. 15-408* *History: Ord. 22-125* #### § 1-3 Balt., Md., Code art. 6, § 1-3 (2026) Reserved #### § 1-4 Purpose of article. Balt., Md., Code art. 6, § 1-4 (2026) (a) (1) Baltimore City contains a number of significant areas within which are located various buildings and other structures that contribute to the historical or architectural significance of the area. The preservation of these areas is appropriate and necessary for the educational, cultural, economic, and general welfare of the public. (2) Baltimore City contains an even greater number of individually significant buildings and other structures that have special historical or architectural significance. The preservation of these individual structures is equally appropriate and necessary for the educational, cultural, economic, and general welfare of the public. (b) To preserve these significant areas and individual structures, it is necessary to impose controls and restrictions on or in connection with them. (c) For these purposes, the Mayor and City Council of Baltimore has enacted this article, establishing the Commission for Historical and Architectural Preservation and vesting it with the powers and duties needed to administer and enforce the provisions of this article. *History: Ord. 64-229 (Preamble)* *History: Ord. 15-408* ### Subtitle 2 – Commission for Historical and Architectural Preservation #### § 2-1 CHAP established. Balt., Md., Code art. 6, § 2-1 (2026) There is a Commission for Historical and Architectural Preservation, constituted as an independent unit of the Department of Planning. *History: Ord. 64-229* *History: Ord. 05-123* *History: Ord. 15-408* #### § 2-2 Composition. Balt., Md., Code art. 6, § 2-2 (2026) (a) The Commission for Historical and Architectural Preservation comprises 13 members. (b) 11 members are appointed by the Mayor, in accordance with City Charter Article IV, § 6, as follows: (1) 1 member to be nominated by the Greater Baltimore Committee; (2) 1 member to be nominated by Baltimore Heritage; (3) 1 member to be nominated by the Board of Directors of Preservation Maryland; (4) 1 member to be nominated by the Board of the Baltimore City Historical Society, Inc.; and (5) 7 members appointed at-large. (c) (1) 1 member is a Councilmember, to be designated by the Council President. (2) 1 member is the Commissioner of Housing and Community Development or the Commissioner’s designee. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 68-319* *History: Ord. 93-169* *History: Ord. 05-123* *History: Ord. 06-247* *History: Ord. 15-408* #### § 2-3 Qualifications. Balt., Md., Code art. 6, § 2-3 (2026) (a) Each member: (1) must be a resident of Baltimore City; and (2) must demonstrate a special interest, knowledge, or training in such fields as history, architecture, preservation, African-American history, or urban design. (b) Of the 11 members appointed by the Mayor under § 2-2(b) {“Composition: Appointed members”} of this subtitle: (1) at least 1 member must be an historian knowledgeable in the architecture, history, and culture of Baltimore City; (2) at least 1 member must be an historian knowledgeable in the African-American history and culture of Baltimore City; (3) at least 2 members must be licensed architects knowledgeable in architectural preservation; (4) at least 1 member must be a licensed real estate broker doing business in Baltimore City; (5) at least 1 member must own and occupy a contributing residence within an Historical and Architectural Preservation District; (6) at least 1 member must own and operate a contributing commercial property within an Historical and Architectural Preservation District; and (7) each of at least 2 different members must demonstrate a special interest, knowledge, or training in 1 of the following fields, not otherwise within the special interest, knowledge, or training of the other member: (i) landscape architecture; (ii) archeology; and (iii) construction or engineering. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 68-319* *History: Ord. 93-169* *History: Ord. 05-123* *History: Ord. 15-408* #### § 2-4 Term of appointed members. Balt., Md., Code art. 6, § 2-4 (2026) (a) (1) Each of the 11 members appointed under § 2-2(b) {“Composition: Appointed members”} of this subtitle serves for a term concurrent with the Mayor’s term of office and until a successor is appointed and qualifies. (2) The Councilmember designated under § 2-2(c)(1) {“Composition: City representatives”} of this subtitle serves a term concurrent with that Councilmember’s service on the Council. (b) A member appointed to fill a vacancy in an unexpired term serves for the remainder of that term. (c) A member may not be appointed under § 2-2(b) or (c)(1) of this subtitle to serve more than 2 consecutive terms. (d) (1) Any member who, during any period of 12 consecutive months, fails to attend 6 regularly scheduled monthly meetings of the Commission is considered to have resigned. (2) The Chair of the Commission must forward the member’s name to the member’s appointing authority as soon as practicable following the 6th unattended meeting. (3) The appointing authority must then appoint a successor for the rest of the term. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 93-169* *History: Ord. 05-123* *History: Ord. 15-408* #### § 2-5 Officers; Compensation. Balt., Md., Code art. 6, § 2-5 (2026) (a) (1) The Mayor designates one of the Commission members to serve as the Commission’s Chair. (2) The Commission elects one of the Commission members to serve as the Commission’s Vice-Chair. (b) The members of the Commission: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 05-123* *History: Ord. 15-408* #### § 2-6 Executive Director. Balt., Md., Code art. 6, § 2-6 (2026) (a) (1) The Executive Director for Historical and Architectural Preservation is appointed by the Commission. (2) The appointment must be made from a list of at least 3 qualified candidates provided by the Director of Planning. (3) If the list is not satisfactory to the Commission, the Director of Planning must provide a new list until a satisfactory list of candidates is submitted. (b) (1) The candidates must meet the qualifications specified in a position description developed by the Commission that conforms to the “Professional Qualifications Standards” of the Secretary of the Interior’s “Standards and Guidelines for Archeology and Historic Preservation”. (2) The Executive Director may not also serve as a member of the Commission. (c) The Executive Director: (1) must perform the duties set forth in this article and as otherwise required by the Commission; and (2) also serves as Division Chief of the Planning Department’s Historical and Architectural Division. (d) The Director of Planning, with the approval of a majority of the Commission, may suspend or dismiss the Executive Director. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 74-677* *History: Ord. 05-123* *History: Ord. 15-408* #### § 2-7 Staff; Consultants. Balt., Md., Code art. 6, § 2-7 (2026) (a) (1) The Department of Planning serves as staff to the Commission. (2) Staff serving in the Planning Department’s Historical and Architectural Preservation Division must meet the qualifications of a position description that conforms to the “Professional Qualifications Standards” of the Secretary of the Interior’s “Standards and Guidelines for Archeology and Historic Preservation”. (b) The Commission may employ consultants and other personnel necessary or appropriate for the proper performance of its duties, as provided in the Ordinance of Estimates. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 05-123* *History: Ord. 15-408* #### § 2-8 Meetings; Records. Balt., Md., Code art. 6, § 2-8 (2026) (a) (1) 7 members constitute a quorum for the transaction of business by the Commission. (2) An affirmative vote of a majority of a quorum is needed for any Commission action. (3) All meetings of the Commission must be conducted in accordance with the State Open Meetings Act, Title 3 of the State General Provisions Article. (b) (1) The Commission shall keep records of all its proceedings, showing the vote of each member on each question or, if a member is absent or fails to vote, indicating that fact. (2) The Commission shall keep a record of all resolutions, transactions, findings, determinations, and decisions. (3) All records of the Commission are open to public inspection in accordance with the State Public Information Act, Title 4 of the State General Provisions Article. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 15-408* #### § 2-9 CHAP purposes; Funding. Balt., Md., Code art. 6, § 2-9 (2026) (a) (1) It is the intent of the Mayor and City Council that the annual Ordinance of Estimates appropriate an adequate sum of money that the Commission may expend for or in connection with the purposes contemplated by this article. (2) These purposes include: (i) preparing surveys and maintaining an inventory of historically or architecturally noteworthy structures in Baltimore City; (ii) recommending the designation of and providing for the perpetual protection of: (A) preservation and conservation districts, as designated under Subtitle 3 {“Designation of Preservation Districts and Conservation Districts”} of this article; and (B) individual structures that have special historical or architectural significance, as designated under Subtitle 4 {“Designation of Landmarks”} of this article; (iii) recommending the designation of and providing for the temporary protection of individual structures that have historical or architectural significance, as designated under Subtitle 5 {“Designation of Potential Landmarks”} of this article; (iv) reviewing and determining the appropriateness of proposed alterations to or affecting protected properties, as provided in Subtitle 8 {“Alterations, etc., to or Affecting Properties”} of this article; (v) acquiring, restoring, and possible reselling of properties that have historical or architectural significance; (vi) implementing the incentive improvement program authorized by § 2-10 {“Incentive improvement program”} of this subtitle; and (vii) general administration and enforcement of the provisions of this article and of any other duties imposed on the Commission by law. (b) The Commission may, on behalf of the Mayor and City Council of Baltimore and with the prior approval of the Board of Estimates, contract with or accept any grant, loan, or aid of any kind from any federal, state, or private source, to be expended for the purposes contemplated by this article, including the purposes listed in subsection (a)(2) of this section. (c) If permitted by the City Charter, sums received from the resale of properties acquired and restored by or on behalf of the Commission may be retained by the Commission for the acquisition and restoration of additional properties. *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 07-550* *History: Ord. 15-408* *History: * #### § 2-10 Incentive improvement program. Balt., Md., Code art. 6, § 2-10 (2026) (a) There is an incentive improvement program, as provided in this section. (b) Subject to appropriations by the Ordinance of Estimates, the Commission for Historical and Architectural Preservation may contract with the owner or lessee of a structure that is located within a Historical and Architectural Preservation District or a Historical Conservation District or included on the Landmark List to reimburse that owner or lessee of up to 20% of the cost incurred by her or him in the reconstruction, alteration, removal, repair, or painting of an architectural feature in a manner that furthers the purposes of this article. (c) In no event may the Commission authorize any reimbursement under the program until all of the work to be done and the estimated cost of that work has been approved by the Commission. (d) In all cases, the Commission retains full discretion to determine the scope, nature, and cost of all work subject to reimbursement under the program. *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 07-550* *History: Ord. 15-408* *History: * #### § 2-11 Rules and regulations. Balt., Md., Code art. 6, § 2-11 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commission for Historical and Architectural Preservation must adopt, after notice and a public hearing, rules and regulations to carry out the provisions of this article. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 15-408* *History: Text Conformed 02/15/21* ### Subtitle 3 – Designation of Preservation Districts and Conservation Districts #### § 3-1 Ordinance and findings required. Balt., Md., Code art. 6, § 3-1 (2026) (a) An ordinance of the Mayor and City Council is required to: (1) designate any area as a Historical and Architectural Preservation District; (2) designate any area as a Historical Conservation District; (3) modify the boundary lines of an existing Historical and Architectural Preservation District; or (4) modify the boundary lines of an existing Historical Conservation District. (b) The ordinance must be supported by written findings of fact that the proposed Preservation District or Conservation District and its boundaries will comply with: (1) the requirements for Local Government Certification under the National Historic Preservation Act (16 U.S.C., Chapter 1A, Subchapter II); (2) the Secretary of the Interior’s Standards for Identification and Registration; and (3) the Commission’s own Historic Preservation Procedures and Guidelines. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 99-547* *History: Ord. 04-672* *History: Ord. 15-408* *History: * #### § 3-2 Initial study and proposal by CHAP. Balt., Md., Code art. 6, § 3-2 (2026) (a) After undertaking a full and proper study, the Commission for Historical and Architectural Preservation may propose as a Historical and Architectural Preservation District or as a Historical Conservation District any area in Baltimore City within which are located structures that have historical or architectural value, the preservation of which is considered to be for the educational, cultural, economic, and general welfare of the public. (b) For a Historical Conservation District, the study shall include consideration of those alterations in which CHAP has design review authority pursuant to City Code Article 6, Subtitle 8 {“Alterations, etc., to or Affecting Properties”}. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 99-547* *History: Ord. 07-550* *History: Ord. 15-408* *History: * #### § 3-3 CHAP to prepare proposed ordinance and findings. Balt., Md., Code art. 6, § 3-3 (2026) In support of its proposed designation of an area, the Commission must: (1) prepare a proposed ordinance that sets forth the boundary lines of the area being proposed for designation; (2) prepare and adopt written findings of fact that include, at a minimum, the specific findings required by § 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle; and (3) request that its proposed ordinance and accompanying findings of fact be introduced into the City Council for appropriate action. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 99-547* *History: Ord. 15-408* #### § 3-4 Balt., Md., Code art. 6, § 3-4 (2026) Reserved #### § 3-5 Council action – Agency referrals. Balt., Md., Code art. 6, § 3-5 (2026) (a) (1) The provisions of this subsection apply to an ordinance proposing any of the following: (i) designating a Historical and Architectural Preservation District or Historical Conservation District; (ii) modifying the boundaries of an existing Historical and Architectural Preservation District or Historical Conservation District. (2) An ordinance proposing one of the actions listed in paragraph (1) of this subsection shall be referred by the City Council to the following for a written report and recommendation: (i) the Commission for Historical and Architectural Preservation; (ii) the Planning Commission; and (iii) any other agency that the Council President designates. (b) The City Council may not place the bill on the Council’s second reading calendar until the Commission for Historical and Architectural Preservation and the Planning Commission: (1) submit their reports and recommendations to the Council; or (2) fail to do so within 100 days of the referral. *History: Ord. 15-408* *History: * #### § 3-6 Council action – Public notice and hearing. Balt., Md., Code art. 6, § 3-6 (2026) (a) The City Council may not place the bill on its second reading calendar until the Council committee to which the bill is assigned has conducted a public hearing at which parties in interest and the general public are afforded an opportunity to be heard on the bill. (b) Notice of the hearing must be given as follows: (1) by posting in conspicuous places, as the Department of Planning designates, within and around the following, as the case may be: (i) the perimeter of the proposed new District; or (ii) the perimeter of any area proposed to be added to or removed from an existing district; and (2) by first-class mail to each person who appears on the tax records of the City as an owner of property within the following, as the case may be: (i) the perimeter of the proposed new District; or (ii) the perimeter of any area proposed to be added to or removed from an existing District. (c) The notice must include: (1) the identifying number of the bill to be heard; (2) the name and address of the person requesting the bill; (3) the date, time, place, and purpose of the public hearing; and (4) a drawing or description of the boundaries of the area affected by the proposed bill. (d) The notice must be posted and mailed at least 30 days before the public hearing. (e) The number of posted notices and the manner of their posting are as follows: (1) at least 2 or more signs are required, as the Department of Planning designates; (2) for a notice applicable only to an individual property, at least 1 sign must be visible from each of the property’s street frontages; (3) each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; (4) a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and (5) each sign must be at least 3 feet by 4 feet in size. (f) The notices required by this section are the responsibility of the following: (1) for a bill requested by the Commission for Historical and Architectural Preservation, the notices must be given by and at the expense of the Mayor and City Council of Baltimore; (2) for a bill requested by or on behalf of a property owner to include that property in or remove that property from an existing District, the notices must be given by and at the expense of the requester; and (3) in all other cases, the notices must be given by and at the expense of the City Council. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 99-547* *History: Ord. 15-408* #### § 3-7 Council action – Disposition. Balt., Md., Code art. 6, § 3-7 (2026) Subject to the requirements of § 3-8 {“Council action – Amendments”} and § 3-9 {“Council action – Limitations”} of this subtitle, the City Council may: (1) adopt, reject, or modify an ordinance proposed to designate: (i) a Historical and Architectural Preservation District; or (ii) a Historical Conservation District; and (2) as necessary or appropriate from time to time, adopt an ordinance to modify the boundary lines of an existing District. *History: Ord. 15-408* *History: * #### § 3-8 Council action – Amendments. Balt., Md., Code art. 6, § 3-8 (2026) (a) This section applies to any bill that: (1) proposes to designate a new Preservation District or Conservation District or modify the boundaries of an existing Preservation District or Conservation District; and (2) that has a proposed amendment to add to or remove from a new or existing District any property that was not within the perimeter of the area described in the notice given under § 3-6 {“Council action - Public notice and hearing”} of this subtitle. (b) Before an amendment described in subsection (a) of this section may be adopted: (1) another public hearing must be held on the amendment; and (2) the requirements of this subtitle for notice and for agency reports apply to the additional hearing. *History: Ord. 15-408* *History: * #### § 3-9 Council action – Limitations. Balt., Md., Code art. 6, § 3-9 (2026) (a) This section applies to any of the following actions by the City Council: (1) any modification to the boundary lines set forth in an ordinance proposed by the Commission under § 3-3 {“CHAP to prepare proposed ordinance and findings”} of this subtitle; or (2) unless by and in accordance with an ordinance initiated at the request of the Commission under this subtitle: (i) any initial designation of an area as: (i) a Historical and Architectural Preservation District; or (ii) a Historical Conservation District; or (ii) any modification to the boundary lines of an existing: (i) Historical and Architectural Preservation District; or (ii) Historical Conservation District. (b) The City Council may not take any action described in subsection (a) of this section without first referring that action to the Commission for Historical and Architectural Preservation for: (1) the Commission’s written report and recommendations; and (2) the Commission’s findings of fact affirming, at a minimum, that the proposed action will not adversely affect the District’s compliance with the requirements, standards, procedures, and guidelines specified in § 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle. (c) If, within 100 days of the referral, the Commission fails to submit its written report or recommendations, or fails or is unwilling to make the findings of fact required by § 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle, the City Council: (1) may proceed to hear and consider the action, subject to the requirements of § 3-6 {“Council action – Public notice and hearing”} and § 3-8 {“Council action – Amendments”} of this subtitle; but (2) may not adopt the action without preparing and adopting its own written findings of fact affirming that the action will not adversely affect the District’s compliance with the requirements, standards, procedures, and guidelines specified in § 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle. *History: Ord. 15-408* *History: * ### Subtitle 4 – Designation of Landmarks #### § 4-1 List components. Balt., Md., Code art. 6, § 4-1 (2026) The Landmark List consists of two components: (1) a Landmark List: Exteriors; and (2) a Landmark List: Public Interiors. *History: Ord. 15-408* #### § 4-2 Ordinance required. Balt., Md., Code art. 6, § 4-2 (2026) An ordinance of the Mayor and City Council is required to: (1) add a structure and its appurtenant property to the Landmark List: Exteriors or the Landmark List: Public Interiors; or (2) for a structure already on the Landmark List: Exteriors, to modify the boundaries of the appurtenant land or other property that is included in the Landmark designation. *History: Ord. 67-939* *History: Ord. 99-547* *History: Ord. 07-550* *History: Ord. 15-408* #### § 4-3 Criteria for designation. Balt., Md., Code art. 6, § 4-3 (2026) (a) (1) The Landmark List: Exteriors comprises those structures that, in accordance with the Commission’s Historic Preservation Procedures and Guidelines, are considered to be of such special historical or architectural significance that, even if not located within an Historical and Architectural Preservation District, those structures and their exteriors (with or without, as the case may be, their appurtenant land and other property) should be extended the same protections as apply to structures within a District. (2) The boundaries of a structure on the Landmark List: Exteriors are as indicated by Ordinance, as follows: (i) by street address, which indicates that all appurtenant land or other property at that street address and on the same lot is included in and protected by the Landmark designation; (ii) by Section, Block, and Lot Number, which indicates that all land or other property on that lot is included in the Landmark designation; or (iii) by a metes and bounds description or other clear delineation, which indicates that less than all land or other property at a street address or on a lot is included in the Landmark designation. (b) The Landmark List: Public Interiors comprises those structures with public interiors that, in accordance with the Commission’s Historic Preservation Procedures and Guidelines, are considered to be of such special historical or architectural significance that, even if not within an Historical and Architectural Preservation District, those interiors should be extended the same protections as apply to the exteriors of structures within a District. *History: Ord. 67-939* *History: Ord. 07-550* *History: Ord. 15-408* #### § 4-4 Balt., Md., Code art. 6, § 4-4 (2026) Reserved #### § 4-5 Council action – Agency referrals. Balt., Md., Code art. 6, § 4-5 (2026) (a) On introduction of any proposed ordinance to add a structure to the Landmark List: Exteriors or Landmark List: Public Interiors or to modify the boundaries of a structure on the Landmark List: Exteriors, the City Council must refer the bill to the following for their written reports and recommendations: (1) the Commission for Historical and Architectural Preservation; (2) the Planning Commission; and (3) any other agency that the Council President designates. (b) The City Council may not place the bill on the Council’s second reading calendar until the Commission for Historical and Architectural Preservation and the Planning Commission: (1) submit their reports and recommendations to the Council; or (2) fail to do so within 100 days of the referral. *History: Ord. 15-408* #### § 4-6 Council action – Public notice and hearing. Balt., Md., Code art. 6, § 4-6 (2026) (a) The City Council may not place the bill on its second reading calendar until the Council committee to which the bill is assigned has conducted a public hearing at which parties in interest and the general public are afforded an opportunity to be heard on the bill. (b) Notice of the hearing must be given as follows: (1) by posting in a conspicuous place on the subject property; and (2) by first-class mail to each person who appears on the tax records of the City as an owner of the subject property. (c) The notice must include: (1) the identifying number of the bill to be heard; (2) the name and address of the person requesting the bill; (3) the date, time, place, and purpose of the public hearing; and (4) the address of the subject property. (d) The notice must be posted and mailed at least 15 days before the public hearing. (e) The number of posted notices and the manner of their posting are as follows: (1) at least 1 sign must be visible from each of the property’s street frontages; (2) each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; (3) a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and (4) each sign must be at least 3 feet by 4 feet in size. (f) The notices required by this section are the responsibility of the following: (1) for a bill requested by the Commission for Historical and Architectural Preservation, the notices must be given by and at the expense of the Mayor and City Council of Baltimore; (2) for a bill requested by or on behalf of an owner of the subject property, the notices must be given by and at the expense of the requester; and (3) in all other cases, the notices must be given by and at the expense of the City Council. *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 99-547* *History: Ord. 07-550* *History: Ord. 15-408* #### § 4-7 Council action – Disposition. Balt., Md., Code art. 6, § 4-7 (2026) Subject to the requirements of § 4-8 {“Council action – Limitations”} of this subtitle, the City Council may: (1) adopt, reject, or modify an ordinance proposed to add a structure to the Landmark List: Exteriors or the Landmark List: Public Interiors; and (2) as necessary or appropriate from time to time, adopt an ordinance to modify the boundaries of a structure on the Landmark List: Exteriors. *History: Ord. 15-408* #### § 4-8 Council action – Limitations. Balt., Md., Code art. 6, § 4-8 (2026) (a) This section applies to any of the following actions by the City Council: (1) any modification to the boundaries of a structure proposed by the Commission for addition to the Landmark List: Exteriors, as provided in § 4-3(a) {“Landmark List: exteriors”} of this subtitle; or (2) unless by and in accordance with an ordinance initiated at the request of the Commission under this subtitle: (i) any initial proposal to add a structure to the Landmark List: Exteriors or the Landmark List: Public Interiors; or (ii) any modification to the boundaries of a structure on the Landmark List Exteriors. (b) The City Council may not take any action described in subsection (a) of this section without first referring that action to the Commission for Historical and Architectural Preservation for the Commission’s written report and recommendations. (c) If, within 100 days of the referral, the Commission fails to submit its written report or recommendations, the City Council may proceed to hear and consider the action, subject to the requirements of § 4-6 {“Council action – Public notice and hearing”} of this subtitle. *History: Ord. 15-408* ### Subtitle 5 – Designation of Potential Landmarks #### § 5-1 List components. Balt., Md., Code art. 6, § 5-1 (2026) The Potential-Landmark List consists of two components: (1) a Potential-Landmark List: Exteriors; and (2) a Potential-Landmark List: Public Interiors. *History: Ord. 15-408* #### § 5-2 CHAP to designate. Balt., Md., Code art. 6, § 5-2 (2026) Only the Commission for Historical and Architectural Preservation may: (1) add a structure and its appurtenant property to the Potential-Landmark List: Exteriors or the Potential-Landmark List: Public interiors; or (2) for a structure already on the Potential-Landmark List: Exteriors, modify the boundaries of the appurtenant land or other property that is included in the Potential-Landmark designation. *History: Ord. 15-408* #### § 5-3 Criteria for designation. Balt., Md., Code art. 6, § 5-3 (2026) (a) (1) The Potential-Landmark List: Exteriors comprises those structures that, in accordance with the Commission’s Historic Preservation Procedures and Guidelines, the Commission considers to be of such historical or architectural significance that, even if not located within a Historical and Architectural Preservation District or a Historical Conservation District, those structures and their exteriors (with or without, as the case may be, their appurtenant land and other property) should be extended temporary protection under § 5-5 {“Protections pending decision”} of this subtitle and under Subtitle 8 {“Alterations, etc, to or Affecting Properties”} of this article. (2) The boundaries of a structure on the Potential-Landmark List: Exteriors are as indicated by the Commission, as follows: (i) by street address, which indicates that all appurtenant land or other property at that street address and on the same lot is included in and protected by the Potential-Landmark designation; (ii) by Section, Block, and Lot Number, which indicates that all land or other property on that lot is included in the Potential-Landmark designation; or (iii) by a metes and bounds description or other clear delineation, which indicates that less than all land or other property at a street address or on a lot is included in the Potential-Landmark designation. (b) The Potential-Landmark List: Public Interiors comprises those structures with public interiors that, in accordance with the Commission’s Historic Preservation Procedures and Guidelines, the Commission considers to be of such historical or architectural significance that, whether or not within a Historical and Architectural Preservation District or a Historical Conservation District, those public interiors should be extended temporary protection under § 5-5 {“Protections pending decision”} of this subtitle and under Subtitle 8 {“Alterations, etc, to or Affecting Properties”} of this article. *History: Ord. 67-939* *History: Ord. 07-550* *History: Ord. 15-408* *History: * #### § 5-4 Procedure to designate. Balt., Md., Code art. 6, § 5-4 (2026) (a) A proposal to add a structure to the Potential-Landmark List must comply with the following procedures. (b) (1) The Commission’s Chair or the Executive Director must give notice of a public hearing to be held by the Commission on the proposal, as follows: (i) by causing a sign to be conspicuously posted on the structure; and (ii) by first-class mail to each person who appears on the tax records of the City as an owner of the subject property. (2) The notice must include: (i) a statement that the Commission for Historical and Architectural Preservation proposes to add the structure to the Potential-Landmark List: Exteriors or Potential-Landmark List: Public Interiors, as the case may be; (ii) the proposed date, time, and place of the public hearing to be held on the proposal; and (iii) the Commission’s contact information (including a phone number) for obtaining additional information on the proposal and updated information on the date, time, and place of the hearing. (c) The public hearing must be held on a date that is: (1) no sooner than 30 days from the time the sign is posted; and (2) except as agreed to by the owner of the subject property, no later than 60 days from the time the sign is posted. (d) At the end of the public hearing, the Commission must render its decision on whether to include the structure on the Potential-Landmark List. *History: Ord. 67-939* *History: Ord. 07-550* *History: Ord. 15-408* #### § 5-5 Protections pending decision. Balt., Md., Code art. 6, § 5-5 (2026) From the time the sign is posted until the Commission makes its final decision, the structure is subject to the requirements, procedures, and protections of Subtitle 8 {“Alterations, etc., to or affecting Properties”} of this article. *History: Ord. 07-550* *History: Ord. 15-408* #### § 5-6 Expiration of designation. Balt., Md., Code art. 6, § 5-6 (2026) The inclusion of any property in the Potential-Landmark List: Exteriors or the Potential-Landmark List: Public Interiors, as the case may be, automatically expires: (1) on the 180th day after the Commission’s decision to add the structure to that List, unless, before that date, a proposed ordinance is introduced into the City Council to add the structure to the Landmark List: Exteriors or the Landmark List: Public Interiors, respectively; or (2) if a proposed Landmark ordinance is introduced into the City Council before that 180th day but has not yet been enacted, 18 months from the date of the proposed ordinance’s introduction. *History: Ord. 15-408* #### § 5-7 Limitations on re-proposal. Balt., Md., Code art. 6, § 5-7 (2026) (a) This section applies to: (1) any property for which notice of its proposed addition to the Potential-Landmark List was posted under § 5-4 {“Procedure to designate”} of this article, but for which no final decision to include it on the List was rendered within the period required by that section; or (2) any property that was included on the Potential-Landmark List, but whose designation has expired by operation of § 5-6 {“Expiration of designation”} of this article. (b) Except as expressly permitted in subsection (c) of this section, the Commission may not: (1) re-propose the addition or reinstatement to the Potential-Landmark List of any property described in subsection (a) of this section; or (2) initiate a proposed ordinance to add that property to the Landmark List. (c) (1) The Commission may again propose to add or reinstate the property to the Potential-Landmark List, subject again to the procedures and other provisions of this subtitle, only after the first to occur of: (i) 2 years from the date on which the previous proposal failed or the designation expired, as the case may be; (ii) the election and start of a new 4-year term of office for the members of the City Council; or (iii) the City Council’s passage of a simple resolution requesting or authorizing the Commission to do so. (2) The Commission may initiate proceedings to add the structure to the Landmark List, subject to the procedures and other provisions of Subtitle 4 {“Designation of Landmarks”} of this article, only after the first to occur of: (i) 2 years from the date on which the previous proposal failed or the designation expired, as the case may be; (ii) the election and start of a new 4-year term of office for the members of the City Council; or (iii) the City Council’s passage of a simple resolution requesting or authorizing the Commission to do so. *History: Ord. 15-408* ### Subtitle 6 – Inventory of Historic Places #### § 6-1 CHAP to maintain Inventory. Balt., Md., Code art. 6, § 6-1 (2026) The Commission’s Executive Director shall create and maintain an Inventory of Historic Places, to identify areas or structures that, while not designated as Preservation Districts, Conservation Districts, Landmarks, or Potential Landmarks, are nonetheless historically or architecturally noteworthy. *History: Ord. 15-408* *History: * #### § 6-2 Purpose of Inventory. Balt., Md., Code art. 6, § 6-2 (2026) The primary purpose of the Inventory is to serve as a research and documentation instrument that informs and provides guidance to the Department of Planning and the Commission for Historical and Architectural Preservation. *History: Ord. 15-408* #### § 6-3 Non-regulatory nature of Inventory. Balt., Md., Code art. 6, § 6-3 (2026) (a) Except only as otherwise expressly provided in this article, the Inventory is not a regulatory instrument. (b) Inclusion of an area or structure in the Inventory is not a determination of eligibility for designation as a Preservation District, Conservation District, Landmark, or Potential Landmark. *History: Ord. 15-408* *History: * ### Subtitle 7 – Subdivision of Designated Properties #### § 7-1 Scope of subtitle. Balt., Md., Code art. 6, § 7-1 (2026) This subtitle applies to any land or other property within the boundaries of a structure on the Landmark List: Exteriors or the Potential-Landmark List: Exteriors. *History: Ord. 15-408* #### § 7-2 Effect of subdivision. Balt., Md., Code art. 6, § 7-2 (2026) If any land or other property subject to this subtitle is subdivided, all lots, plats, sites, or other divisions land resulting from the subdivision are automatically considered to retain the same Landmark or Potential-Landmark designation and protection as the original site had before its subdivision. *History: Ord. 15-408* #### § 7-3 Planning Commission to notify CHAP of subdivision. Balt., Md., Code art. 6, § 7-3 (2026) As soon as possible after a Final Subdivision Plan has been recorded for any land or other property subject to this subtitle: (1) the Planning Commission must submit a copy of the approved Plan to the Commission for Historical and Architectural Preservation; and (2) The Commission for Historical and Architectural Preservation must: (i) update its records accordingly; and (ii) request the Department of Legislative Reference to insert an Editor’s Note to the appropriate section of Subtitle 13 et seq. of this article to indicate any change in the relevant description. *History: Ord. 15-408* ### Subtitle 8 – Alterations, etc., to or Affecting Properties #### § 8-1 Related rules and regulations. Balt., Md., Code art. 6, § 8-1 (2026) (a) The rules and regulations adopted by the Commission under this article: (1) must include design guidelines for undertaking regulated alterations; and (2) may include provisions delegating to the Executive Director or other Commission staff the authority to review and approve regulated alterations that involve only minor work, as defined in subsection (b) of this section. (b) “Minor work” means work that: (1) does not significantly change the overall appearance of or remove historic fabric; and (2) clearly meets the applicable design guidelines adopted by the Commission under this article. *History: Ord. 15-408* #### § 8-2 Building permit required. Balt., Md., Code art. 6, § 8-2 (2026) (a) No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure located within a Historical and Architectural Preservation District or a Historical Conservation District or included on the Landmark List: Exteriors or the Potential-Landmark List: Exteriors without first obtaining a permit to do so from the Building Official: (1) any reconstruction, alteration, or removal of any exterior architectural feature; (2) any change in an exterior color, whether by painting or other means; (3) any exterior excavation; (4) the construction or erection of any exterior building, fence, wall, or other structure of any kind; or (5) any exterior demolition. (b) No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure on the Landmark List: Public Interiors or the Potential-Landmark List: Public Interiors without first obtaining a permit to do so from the Building Official: (1) any reconstruction, alteration, or removal of any interior architectural feature, as defined in subsection (c) of this section; (2) any change in an interior color, whether by painting or other means; (3) any interior excavation; (4) the construction or erection of any interior wall or other structure of any kind; or (5) any interior demolition. (c) (1) In this section, “interior architectural feature” means the architectural style, design, general arrangement, and components of a designated interior. (2) “Interior architectural feature” includes the kind, color, and texture of the building material and the type and style of windows, doors, lights, signs, plaques, decorative finishes, murals, art work, floor plan, and other fixtures appurtenant to the interior. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 07-550* *History: Ord. 15-408* *History: * #### § 8-3 Balt., Md., Code art. 6, § 8-3 (2026) Reserved #### § 8-4 CHAP to review. Balt., Md., Code art. 6, § 8-4 (2026) (a) Within 2 days of receiving a permit application for or involving a regulated alteration, the Building Official must forward the application, together with all accompanying plans and specifications, to the Commission. (b) (1) On request of the Commission or its staff, the applicant must submit to the Commission any additional plans, elevations, and other related information needed to determine the appropriateness of the proposed regulated alteration. (2) The Commission may not make any determination concerning the proposed regulated alteration until it is satisfied that: (i) the permit application is complete; and (ii) the Commission has received all other needed documents and information, as requested. (c) The Building Official may not issue a permit for any regulated alteration unless: (1) for a Historical Preservation District, the Director first issues an Authorization to Proceed; or (2) for a Historical Conservation District: (i) The Director first issues an Authorization to Proceed; or (ii) CHAP makes the determination that the proposed exterior alteration does not require an Authorization to Proceed and notifies the applicant and building official of CHAP’s determination. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 07-550* *History: Ord. 15-408* *History: * #### § 8-5 Public hearing. Balt., Md., Code art. 6, § 8-5 (2026) (a) If an Authorization to Proceed is not issued within 11 days of the Commission’s having received a completed application, the Executive Director must cause a sign to be conspicuously posted on the structure involved, giving notice of: (1) the type of alterations proposed; and (2) the date, time, and place of a public hearing to be held by the Commission on the proposal. (b) The public hearing must be held: (1) at the next regular Commission meeting scheduled for a date that is no sooner than 10 days nor later than 45 days from the time the sign is posted; or (2) if no regular meeting has been scheduled for that period, at a special meeting called for a date that is no sooner than 10 days nor later than 20 days from the time the sign is posted. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 15-408* #### § 8-6 CHAP determination. Balt., Md., Code art. 6, § 8-6 (2026) (a) Within 21 days after the public hearing concludes, or within any additional time that the applicant approves in writing, the Commission must determine whether to approve or deny the issuance of an Authorization to Proceed. (b) The Commission may approve issuance of an Authorization to Proceed only if it determines that: (1) the proposed regulated alteration is compliant with the Commission’s design guidelines and otherwise appropriate to the preservation of the particular Preservation District or to the preservation of the structure on the Landmark List or Potential-Landmark List; or (2) notwithstanding that the proposed regulated alteration is, in the opinion of the Commission, noncompliant with the Commission’s design guidelines or otherwise inappropriate: (i) the proposed alteration nonetheless is without substantial detriment to the public welfare and without substantial derogation of the intents and purposes of this article; and (ii) denial of an Authorization to Proceed would result in substantial hardship to the applicant. (c) In passing on appropriateness, the Commission must consider, among other pertinent factors: (1) the structure’s historic or architectural significance; (2) the location and visibility of the proposed alteration; and (3) the historic or architectural significance, architectural style, general design, arrangement, texture, material, color, architectural features, height, massing, and scale of other structures in the immediate neighborhood. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 93-169* *History: Ord. 07-550* *History: Ord. 15-408* #### § 8-7 Balt., Md., Code art. 6, § 8-7 (2026) Reserved #### § 8-8 Issuance of Authorization to Proceed. Balt., Md., Code art. 6, § 8-8 (2026) (a) If the Commission approves the issuance of an Authorization to Proceed, the Executive Director must promptly issue the Authorization to Proceed and forward it to the Building Official, along with the related application, plans, and specifications. (b) The Authorization to Proceed must contain: (1) a description of the regulated alteration being approved; (2) a reference to whether the approval is premised on: (i) a finding that the alteration is compliant with the design guidelines and is otherwise appropriate (as required by § 8-6(b)(1) of this subtitle); or (ii) a finding that the alteration is noncompliant or otherwise inappropriate, but: (A) it is without substantial detriment to the public welfare and without substantial derogation of this article (as required by § 8-6(b)(2)(i) of this subtitle); and (B) denial would result in substantial hardship to the applicant (as required by § 8-6(b)(2)(ii) of this subtitle); (3) the substance of any conditions, restrictions, or limitations imposed by the Commission to minimize the degree to which the alteration otherwise would be noncompliant with the Commission’s design guidelines or otherwise inappropriate; and (4) the date on which the Authorization to Proceed is issued. (c) Unless an extension is granted, every Authorization to Proceed expires and becomes invalid if a building permit is not obtained and the work authorized begun within 1 year after the Authorization to Proceed is issued. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 05-123* *History: Ord. 06-247* *History: Ord. 07-550* *History: Ord. 08-063* *History: Ord. 15-408* #### § 8-9 Denial of Authorization to Proceed – Districts and Landmarks. Balt., Md., Code art. 6, § 8-9 (2026) In the case of a structure located within a Preservation District or a Historical Conservation District or included on the Landmark List, if the Commission determines that an Authorization to Proceed should not be issued, the Commission shall promptly notify the applicant and the Building Official in writing of: (1) the reason for that determination; and (2) any recommendations that the Commission might have about the proposed alteration. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 07-550* *History: Ord. 15-408* *History: * #### § 8-10 Denial of Authorization to Proceed – Potential Landmarks. Balt., Md., Code art. 6, § 8-10 (2026) (a) In the case of a structure on the Potential-Landmark List, if the Commission determines that the proposed regulated alteration is inappropriate, the Commission must notify the Building Official in writing to postpone issuance of the permit. (b) If the Building Official is so notified, the Building Official must postpone issuance of the permit until the first to occur of: (1) 180 days from the date of the notification to postpone; or (2) a subsequent notification by the Commission to issue the permit. (c) During the period of postponement, the Commission must meet with the applicant and may consult with civic groups, public agencies, and interested persons to ascertain what the City can do to preserve the structure. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 07-550* *History: Ord. 15-408* #### § 8-11 Building Official bound by CHAP decision. Balt., Md., Code art. 6, § 8-11 (2026) The Building Official is bound by the Commission’s determinations under this subtitle and must approve, if otherwise in conformance with the Building, Fire, and Related Codes Article, or disapprove the application for the proposed alteration in accordance with those determinations. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 07-550* *History: Ord. 15-408* #### § 8-12 Balt., Md., Code art. 6, § 8-12 (2026) Reserved #### § 8-13 Municipal structures. Balt., Md., Code art. 6, § 8-13 (2026) (a) In this section, “municipal structure” means any structure that: (1) is owned by the Mayor and City Council of Baltimore; and (2) either: (i) has been or is being used for a municipal function, including offices and other work places, schools, fire stations, police stations, monuments, water and waste water facilities, and the like; (ii) has been or is being aggregated by or for the City for redevelopment under authority of a Master Plan or Urban Renewal Plan; or (iii) meets any other criteria adopted by Commission rule or regulation for structures requiring review under this section. (b) Before any City action is taken to approve or otherwise authorize the reconstruction, exterior alteration, interior alteration of an area customarily open or accessible to the public, or demolition of any municipal structure, the agency responsible for preparing the plans must refer the plans to the Commission for a report. (c) (1) The Commission’s report must be submitted to the Mayor and to the responsible agency within 45 days after the referral. (2) If the Commission does not report within this 45-day period, the Mayor may conclude that the Commission does not object to the approval or authorization of the plans. *History: Ord. 67-939* *History: Ord. 12-066* *History: Ord. 15-408* #### § 8-14 Balt., Md., Code art. 6, § 8-14 (2026) Reserved #### § 8-15 Permissible maintenance and repair. Balt., Md., Code art. 6, § 8-15 (2026) (a) Nothing in this article prevents the ordinary maintenance or repair of an architectural feature within any Preservation District or any Conservation District or on any Landmark or Potential Landmark, if the maintenance or repair involves no change in design, material, color, or appearance of the structure. (b) Nothing in this article prevents the construction, reconstruction, alteration, or demolition of any feature that the Building Official certifies as being required for public safety because of an unsafe or dangerous condition. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 07-550* *History: Ord. 15-408* *History: * ### Subtitle 9 – Judicial Review and Enforcement #### § 9-1 Judicial and appellate review. Balt., Md., Code art. 6, § 9-1 (2026) (a) Within 30 days after CHAP has approved, disapproved, or delayed an application presented at a CHAP public hearing, a person aggrieved by any decision of the Commission under this article may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the Court’s final decision to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 76-022* *History: Ord. 04-672* *History: Ord. 15-408* *History: Ord. 19-332* *History: * #### §§ 9-2 to 9-5 Balt., Md., Code art. 6, § 9-2 to 9-5 (2026) Reserved #### § 9-6 Enforcement generally. Balt., Md., Code art. 6, § 9-6 (2026) (a) It is unlawful for any person to be in conflict with or in violation of any provision of this article or of any rule, regulation, decision, permit, notice, or order issued under this article. (b) This article and the rules, regulations, decisions, permits, notices, and orders issued under this article may be enforced by the Building Official and penalties may be imposed for violations of their provisions as provided in Chapter 1 {“Scope and Administration”} of the Baltimore City Building Code for the enforcement of and the imposition of violation penalties under that Code. *History: Ord. 05-123* *History: Ord. 15-408* #### § 9-7 Injunctions. Balt., Md., Code art. 6, § 9-7 (2026) On application of the Commission, the District Court or the Circuit Court for Baltimore City may: (1) restrain or enjoin the alteration of any structure in violation of this article; and (2) order: (i) the removal of any architectural feature constructed or reconstructed in violation of this article; or (ii) the substantial restoration of any architectural feature altered or demolished in violation of this article. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 04-672* *History: Ord. 07-550* *History: Ord. 15-408* #### § 9-8 Criminal penalties. Balt., Md., Code art. 6, § 9-8 (2026) (a) Any person who violates any provision of this article or of any rule, regulation, decision, permit condition, notice, or order issued under this article is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 64-229* *History: Ord. 67-939* *History: Ord. 05-123* *History: Ord. 07-550* *History: Ord. 15-408* ### Subtitle 10 ### Subtitle 11 – Preservation Districts #### § 11-1 Mount Vernon District. Balt., Md., Code art. 6, § 11-1 (2026) The area located within the boundaries set forth in this section is hereby declared to be an Historical and Architectural Preservation District, and may be referred to as “Mount Vernon Historical and Architectural Preservation District”: Beginning for the same at the point formed by the intersection of the line of the centerline of Hamilton Street and the centerline of Park Avenue, and running thence binding on the centerline of Park Avenue, Northerly 253 feet, more or less, to the centerline of Centre Street; thence binding on the centerline of Centre Street, Westerly 437 feet, more or less, to the centerline of Howard Street; thence binding on the centerline of Howard Street, Northerly 200 feet, more or less, to the centerline of Druid Hill Avenue; thence binding on the centerline of Druid Hill Avenue, Westerly 184 feet, more or less, to the centerline of Linden Avenue; thence binding on the centerline of Linden Avenue, Northerly 200 feet, more or less, to intersect the south side of Monument Street; thence binding on the south side of Monument Street, Easterly 37 feet, more or less, to intersect the west outline of the property known as No. 612½ - 614 N. Howard Street; thence binding on the west outline of the property known as 612½ - 614 N. Howard Street, Southerly 28 feet, more or less, to the south outline of the property known as No. 612½ - 614 N. Howard Street; thence binding on the south outline of the property known as No. 612½ - 614 N. Howard Street, Easterly 16 feet, more or less, to the west outline of the property known as No. 612 N. Howard Street; thence binding on the west outline of the property known as No. 612 N. Howard Street, Southerly 27 feet, more or less, to the south outline of the property known as No. 612 N. Howard Street; thence binding on the south outline of the property known as No. 612 N. Howard Street, Easterly 90 feet, more or less, to intersect the west side of Howard Street; thence binding on the west side of Howard Street, Northerly 55 feet, more or less, to intersect the south side of Monument Street; thence binding on the south side of Monument Street, Westerly 106 feet, more or less; thence by a straight line, Northerly 66 feet, more or less, crossing Monument Street to intersect the north side of Monument Street; thence binding on the north side of Monument Street, Easterly 4 feet, more or less, to intersect the east outline of the property known as No. 304 W. Monument Street; thence binding on the east outline of the property known as No. 304 W. Monument Street, Northerly 69 feet, more or less, to intersect the south outline of the property known as No. 705 Linden Avenue; thence binding in part on the south outline of the property known as No. 705 Linden Avenue, in part on the line of the south outline of the property known as No. 705 Linden Avenue, and in all, Westerly 73 feet, more or less, to the centerline of Linden Avenue; thence binding on the centerline of Linden Avenue, Northerly 198 feet, more or less, to intersect the line of the south outline of the properties known as Nos. 313 through 321/27 W. Madison Street and No. 735 N. Eutaw Street; thence binding in part on the line of the south outline of the properties known as Nos. 313 through 321/27 W. Madison Street and No. 735 N. Eutaw Street, in part on the south outline of the properties known as Nos. 313 through 321/27 W. Madison Street and No. 735 N. Eutaw Street, and in all, Westerly 166 feet, more or less, to the east side of Eutaw Street; thence binding on the east side of Eutaw Street, Northerly 88 feet, more or less, to the centerline of Madison Street; thence binding on the centerline of Madison Street, Easterly 382 feet, more or less, to the centerline of Howard Street; thence binding on the centerline of Howard Street, Northerly 1025 feet, more or less, to the centerline of Read Street; thence binding on the centerline of Read Street, Easterly 188 feet, more or less, to intersect the line of the southeast outline of the property known as No. 230 W. Read Street; thence binding in part on the line of the southeast outline of the property known as No. 230 W. Read Street, in part on the southeast outline of the property known as No. 230 W. Read Street, in part on the southeast outline of the properties known as Nos. 245/47 through 251/53 W. Chase Street, and in all, Northeasterly 211 feet, more or less, crossing Brexton Street to intersect the northeast side of Brexton Street; thence binding on the northeast side of Brexton Street, Northwesterly 33 feet, more or less, to the southeast outline of the property known as No. 241/43 W. Chase Street; thence binding on the southeast outline of the properties known as Nos. 241/43 and 229/39 W. Chase Street, Northeasterly 104 feet, more or less, to the southwest outline of the property known as No. 227 W. Chase Street; thence binding on the southwest outline of the property known as No. 227 W. Chase Street, Northwesterly 78 feet, more or less, to the southeast side of Chase Street; thence binding on the southeast side of Chase Street, Northeasterly 134 feet, more or less, to the northeast outline of the property known as No. 880 Park Avenue; thence binding in part on the northeast outline of the property known as No. 880 Park Avenue, in part on the line of the northeast outline of the property known as No. 880 Park Avenue, and in all, Southeasterly 86 feet, more or less, to the centerline of Park Avenue; thence binding on the centerline of Park Avenue, Northerly 91 feet, more or less, to the centerline of Chase Street; thence binding on the centerline of Chase Street, Easterly 391 feet, more or less, to the centerline of Maryland Avenue; thence binding on the centerline of Maryland Avenue, Northerly 349 feet, more or less, to the centerline of Biddle Street; thence binding on the centerline of Biddle Street, Westerly 288 feet, more or less, to the centerline of Cathedral Street; thence binding on the centerline of Cathedral Street, Northerly 389 feet, more or less, to the centerline of Preston Street; thence binding on the centerline of Preston Street, Easterly 147 feet, more or less, to the centerline of Mace Street; thence binding on the centerline of Mace Street, Northerly 183 feet, more or less, to the line of the south outline of the property known as No. 101/11 W. Mount Royal Avenue; thence binding in part on the line of the south outline of the property known as No. 101/11 W. Mount Royal Avenue, in part on the south outline of the property known as No. 101/11 W. Mount Royal Avenue, and in all, Easterly 190 feet, more or less, to the centerline of Maryland Avenue; thence binding on the centerline of Maryland Avenue, Northerly 174 feet, more or less, to the centerline of Mount Royal Avenue; thence binding on the centerline of Mount Royal Avenue, Easterly 1569 feet, more or less, to the centerline of Guilford Avenue; thence binding on the centerline of Guilford Avenue, Southerly 1527 feet, more or less, to the centerline of Eager Street; thence binding on the centerline of Eager Street, Westerly 197 feet, more or less, to the centerline of Hunter Street; thence binding on the centerline of Hunter Street, Southerly 529 feet, more or less, crossing Read Street to the west outline of the property known as No. 830 Guilford Avenue; thence binding on the west outline of the properties known as Nos. 830 through 810 Guilford Avenue, Southerly 337 feet, more or less, to the north side of Madison Street; thence crossing Madison Street and binding on the centerline of Hunter Street, Southerly 419 feet, more or less, to the centerline of Monument Street; thence binding on the centerline of Monument Street, Easterly 197 feet, more or less, to the centerline of Guilford Avenue; thence binding on the centerline of Guilford Avenue, Southerly 431 feet, more or less, to the centerline of Centre Street; thence binding on the centerline of Centre Street, Westerly 742 feet, more or less, to the line of the west side of St. Paul Place; thence binding in part on the line of the west side of St. Paul Place, in part on the west side of St. Paul Place, and in all, Southwesterly 272 feet, more or less, to the centerline of Hamilton Street, and thence binding on the centerline of Hamilton Street, Westerly 1124 feet, more or less, to the place of beginning. *History: Ord. 64-229* *History: Ord. 67-970* *History: Ord. 67-1065* *History: Ord. 68-316* *History: Ord. 77-324* *History: Ord. 79-1187* *History: Ord. 02-427* *History: 06-315* *History: Ord. 15-408* #### § 11-2 Bolton Hill District. Balt., Md., Code art. 6, § 11-2 (2026) The area located within the boundaries set forth in this section is hereby declared to be an Historical and Architectural Preservation District, and may be referred to as “Bolton Hill Historical and Architectural Preservation District”: Beginning for the same at the point formed by the intersection of the south side of North Avenue, 125 feet wide, and the northeast side of Morris Street, as closed in accordance with Ordinance No. 597, approved by the Mayor and City Council of Baltimore, July 13, 1965, and running thence by a straight line drawn at a right angle to the south side of said North Avenue, Northerly 62.5 feet to intersect the center line of said North Avenue; thence binding on the center line of said North Avenue, crossing Eutaw Place and Park Avenue, Easterly 2,945 feet, more or less, to intersect the line of the northeast side of Mount Royal Avenue, varying in width, if projected northwesterly; thence binding in part on last said line so projected, crossing Montreal Street, in part on the northeast side of said Mount Royal Avenue, and in all, Southeasterly 297 feet, more or less, to intersect the northwest side of McMechen Street, 66 feet wide; thence binding on the northwest side of said McMechen Street, Northeasterly 5 feet, more or less, to intersect the northeast side of Mount Royal Avenue, 160 feet wide; thence binding on the northeast side of last said Mount Royal Avenue, crossing Mosher Street and Lafayette Avenue, Southeasterly 1,157 feet, more or less, to intersect the northwest side of Howard Street, varying in width; thence binding on the northwest side of said Howard Street, Southwesterly 33 feet, more or less, to intersect the northeast side of Mount Royal Avenue, 125 feet wide; thence binding on the northeast side of last said Mount Royal Avenue, crossing Howard Street and Oliver Street, Southeasterly 710 feet, more or less, to intersect the line of the center line of Cathedral Street, 66 feet wide, if projected northerly; thence binding in part on last said line so projected, in part on the center line of said Cathedral Street and in all, Southerly 765 feet, more or less, to intersect the center line of Preston Street, 54 feet wide; thence binding in part on the center line of said Preston Street, in part on the line of the center line of said Preston Street, if projected westerly, and in all, Westerly 620 feet, more or less, to intersect the west side of Howard Street, 80 feet wide; thence binding on the west side of said Howard Street, Southerly 23 feet, more or less, to intersect the center line of Dolphin Street, 100 feet wide; thence binding on the center line of said Dolphin Street, crossing Bolton Street and Jordan Street, in a generally Southwesterly and Westerly direction 1,143 feet, more or less, to intersect the line of the southwest side of Jordan Street, 20 feet wide, if projected northwesterly; thence binding in part on the line of the southwest side of said Jordan Street, so projected, in part on the southwest side of said Jordan Street, and in all, Southeasterly 292 feet, more or less, to the southeast outline of the property known as No. 1123 N. Eutaw Street; thence binding on the southeast outline of the property known as No. 1123 N. Eutaw Street, Southwesterly 150 feet, more or less, to intersect the northeast side of Eutaw Street, 110 feet wide; thence binding in part on the northeast side of said Eutaw Street, in part on the line of the northeast side of said Eutaw Street, if projected, Northwesterly 292 feet, more or less, to intersect the center line of said Dolphin Street; thence binding on the center line of said Dolphin Street, Southwesterly 240 feet, more or less, to intersect the line of the northeast side of Morris Street, laid out 130 feet southwest of Eutaw Place, if projected southeasterly; thence binding in part on last said line so projected, in part on the northeast side of said Morris Street, crossing Lanvale Street and Lafayette Avenue, and in all, Northwesterly 988 feet, more or less, to the northwest outline of the property known as No. 1410 Eutaw Place; thence binding on the northwest outline of said property known as No. 1410 Eutaw Place, Northeasterly 10 feet, more or less, to intersect the northeast side of Morris Street, laid out 120 feet southwest of Eutaw Place; thence binding in part on the northeast side of last said Morris Street, in part on the line of the northeast side of last said Morris Street, if projected northwesterly crossing Mosher Street, in part on the northeast side of Morris Street, as closed in accordance with Ordinance No. 1373, approved by the Mayor and City Council of Baltimore November 19, 1962, in part on the line of the northeast side of last said Morris Street, if projected northwesterly, crossing McMechen Street, and in all, Northwesterly 690 feet, more or less, to intersect the northwest side of McMechen Street, 130 feet wide; thence binding on the northwest side of said McMechen Street, Southwesterly 8 feet, more or less, to intersect the northeast side of Morris Street, as closed in accordance with Ordinance No. 1310, approved by the Mayor and City Council of Baltimore July 16, 1962; thence binding in part on the northeast side of last said Morris Street, in part on the line of the northeast side of last said Morris Street if projected northwesterly, crossing Wilson Street, and in all, Northwesterly 332 feet, more or less, to intersect the northwest side of Wilson Street, 66 feet wide; thence binding on the northwest side of said Wilson Street, Southwesterly 2 feet, more or less, to intersect the northeast side of Morris Street, 20 feet wide; thence binding on the northeast side of last said Morris Street, crossing Laurens Street, Robert Street and Presstman Street, Northwesterly 1,189 feet, more or less, to intersect the northwest side of Presstman Street, 66 feet wide; thence binding on the northwest side of said Presstman Street, Northeasterly 3 feet, more or less, to intersect the northeast side of last said Morris Street; thence binding in part on the northeast side of last said Morris Street, in part on the line of the northeast side of last said Morris Street, if projected northwesterly, crossing Bloom Street and in all, Northwesterly 401 feet, more or less, to intersect the northwest side of Bloom Street, 66 feet wide; thence binding on the northwest side of said Bloom Street, Southwesterly 11 feet, more or less, to intersect the northeast side of last said Morris Street, and thence binding in part on the northeast side of last said Morris Street, as closed in accordance with Ordinance No. 597, approved by the Mayor and City Council of Baltimore July 13, 1965, and in all, Northwesterly 178 feet, more or less, to the place of beginning. Provided, however, that the following property is excluded from and is not included in the described area; the property of The Maryland Institute lying between Preston Street on the South and Dolphin Street and Mount Royal Avenue on the North and lying west of the property formerly known as Mt. Royal Station and more particularly described as follows: Beginning at the point formed by the intersection of the southeast side of Dolphin Street, 66 feet wide and the southwest side of Mount Royal Avenue, 125 feet wide, said point having a coordinate value of West 1256.08 feet and North 3306.94 feet, and running thence binding on the southwest side of said Mount Royal Avenue, South 43 33' 26" East 55.99 feet; thence by a straight line, South 04 22' 37" West 667.25 feet to intersect the northeast side of the former bed of Brevard Street; thence binding on the northeast side of the former bed of Brevard Street, North 43 35' 00" West 206.01 feet; thence by a straight line, North 04 22' 37" East 443.31 feet to intersect the southeast side of said Dolphin Street, and thence binding on the southeast side of said Dolphin Street, North 46 26'10" East 166.34 feet to the place of beginning. Containing 2.057 acres of land, more or less. *History: Ord. 67-1046* *History: Ord. 99-589* *History: Ord. 15-408* #### § 11-3 Seton Hill District. Balt., Md., Code art. 6, § 11-3 (2026) The area located within the boundaries set forth in this section is hereby declared to be an Historical and Architectural Preservation District, and may be referred to as “Seton Hill Historical and Architectural Preservation District”: Beginning for the same at the point formed by the intersection of the center line of Eutaw Street, as now laid out 66 feet wide and the center line of Franklin Street, as now laid out 66 feet wide, and running thence binding on the center line of said Franklin Street and crossing Paca Street westerly 760 feet, more or less, to intersect the center line of Pennsylvania Avenue, as now laid out; thence binding on the center line of said Pennsylvania Avenue northwesterly 675 feet, more or less, to intersect the center line of Orchard Street, as now laid out 60 feet wide; thence binding on the center line of said Orchard Street and crossing Tessier Street and Druid Hill Avenue northeasterly 1,150 feet, more or less, to intersect the center line of McCulloh Street, as now laid out 65 feet wide; thence binding on the center line of said McCulloh Street and crossing St. Mary Street South 38°-12'-00" East 415 feet, more or less, to intersect a line drawn parallel with and distant 30.0 feet northeasterly, measured at right angles, from the southwest side of Monument Street, as now laid out; thence binding on said line so drawn southeasterly 135 feet, more or less, to intersect the center line of said Eutaw Street and thence binding on the center line of said Eutaw Street and crossing Druid Hill Avenue and George Street southerly 835 feet, more or less, to the place of beginning. Provided, however, that not withstanding the provisions hereinabove in this section, the following properties are excluded from and are not included in the described area: (1) The property listed in the Baltimore City tax records as Lot 14 in Block 17-8-547B, measuring 38 feet x 150 feet and known as 626-28 North Eutaw Street. (2) The property listed in the Baltimore City tax records as Lot 16 in Block 17-8-547B, measuring 20 feet x 51 feet and known as 404 Druid Hill Avenue. (3) The property listed in the Baltimore City tax records as Lot 18 in Block 17-8-547B, measuring 20 feet x 51 feet and known as 406-08 Druid Hill Avenue. (4) The property listed in the Baltimore City tax records as Lot 19 in Block 17-8-547B, measuring 13 feet x 79 feet and known as 410 Druid Hill Avenue. (5) The property listed in the Baltimore City tax records as Lot 20 in Block 17-8-547B, measuring 12 feet x 89 feet and known as 412 Druid Hill Avenue. (6) The property listed in the Baltimore City tax records as Lot 21 in Block 17-8-547B, measuring 17 feet x 60 feet and known as 414 Druid Hill Avenue. (7) The property listed in the Baltimore City tax records as Lot 22 in Block 17-8-547B, measuring 62 feet x 79 feet and known as 416 Druid Hill Avenue. (8) The property listed in the Baltimore City tax records as Lot 96 in Block 17-8-547B, measuring 10 feet x 30 feet and known as 637 Jasper Street. (9) The property listed in the Baltimore City tax records as Lot 97 in Block 17-8-547B, measuring 26 feet x 23 feet and known as 639 Jasper Street. (10) The property listed in the Baltimore City tax records as Lot 100 in Block 17-8-547B, measuring 91 feet x 47 feet and known as 632-42 Jasper Street. *History: Ord. 68-193* *History: Ord. 15-408* #### § 11-4 Seton Hill District Addition. Balt., Md., Code art. 6, § 11-4 (2026) The parcel of land located within the boundaries set forth in this section is hereby declared to be within the Seton Hill Historical and Architectural District: Beginning for the same at the point formed by the intersection of the center line of Eutaw Street, as now laid out 66 feet wide, and the center line of Franklin Street, as now laid out 66 feet wide, and running thence binding on the center line of said Franklin Street and crossing Paca Street Westerly 760 feet, more or less, to intersect the center line of Pennsylvania Avenue, as now laid out; thence binding on the center line of said Pennsylvania Avenue Northwesterly 675 feet, more or less, to intersect the center line of Orchard Street, as now laid out 60 feet wide; thence binding on the center line of said Orchard Street and crossing Tessier Street and Druid Hill Avenue Northeasterly 1,150 feet, more or less, to intersect the center line of McCulloh Street, as now laid out 65 feet wide; thence binding on the center line of said McCulloh Street and crossing St. Mary Street South 38°-12'-00" East 415 feet, more or less, to intersect a line drawn parallel with and distant 30.0 feet northerly, measured at right angles, from the southwest side of Monument Street, as now laid out; thence binding on said line so drawn Southeasterly 135 feet, more or less, to intersect the center line of said Eutaw Street; thence binding on the center line of said Eutaw Street, Southerly 245 feet, more or less, to intersect the line of the southwest side of Centre Street, as now laid out 60 feet wide, if projected northwesterly; thence binding in part reversely on said line so projected, in part on the southwest side of said Centre Street, and in all, Southeasterly 132 feet, more or less, to the west side of Academy Alley, as now laid out 16 feet wide; thence binding on the west side of Academy Alley, southerly 201 feet, more or less, to intersect the north side of George Street, as now laid out; thence binding, in part on the north side of said George Street, if projected westerly, and in all Westerly 116 feet, more or less, to intersect the center line of said Eutaw Street and thence binding on the center line of said Eutaw Street, Southerly 333 feet, more or less, to the place of beginning. *History: Ord. 79-1164* *History: Ord. 15-408* #### § 11-5 Dickeyville District. Balt., Md., Code art. 6, § 11-5 (2026) The area located within the boundaries set forth in this section is hereby declared to be an Historical and Architectural Preservation District, and may be referred to as “Dickeyville Historical and Architectural Preservation District”: Beginning for the same at the point formed by the intersection of the northeast side of Dickey Hill Road, as now laid out 60 feet wide, and the southeast side of Weaver Lane, as now laid out 35 feet wide, and running thence binding on the line of the northeast side of said Dickey Hill Road if projected northwesterly, crossing Forest Park Avenue, as now laid out, Northwesterly, 95 feet, more or less, to intersect the northwest side of said Forest Park Avenue; thence binding on the northwest side of said Forest Park Avenue, Northeasterly 425 feet, more or less, to intersect the southwest side of Hillhouse Road, as now laid out 16 feet wide; thence binding on the southwest, west, and northwest sides of said Hillhouse Road the six following courses and distances; namely Northwesterly 197 feet, more or less, Northerly 198 feet, more or less, Northerly 149 feet, more or less, Northerly 83 feet, more or less, Northerly 66 feet, more or less, and Northeasterly 33 feet, more or less, to the northeasternmost extremity of said Hillhouse Road; thence binding on the northeasternmost extremity of said Hillhouse Road and on the southwest outline of the property now or formerly owned by Kernan’s Hospital, there situate, Southeasterly 16 feet, more or less, to the southeast outline of the property now or formerly owned by Kernan’s Hospital; thence binding on the southeast outline of the property now or formerly owned by Kernan’s Hospital and continuing to bind on the east, northeast, north, west, and northwest outlines of the property now or formerly owned by Kernan’s Hospital the seventeen following courses and distances; namely, Northeasterly 132 feet, more or less, Northerly 125 feet, more or less, Northerly 143 feet, more or less, Northwesterly 200 feet, more or less, Northwesterly 113 feet, more or less, Northerly 55 feet, more or less, Northeasterly 72 feet, more or less, Northeasterly 128 feet, more or less, Northwesterly 280 feet, more or less, Northwesterly 223 feet, more or less, Westerly 145 feet, more or less, Westerly 155 feet, more or less, Southerly 108 feet, more or less, Southwesterly 167 feet, more or less, Westerly 130 feet, more or less, Southwesterly 47 feet, more or less, and Northwesterly 400 feet, more or less, to intersect the western boundary line of Baltimore City Established 1918; thence binding on the western boundary line of Baltimore City Established 1918, Northerly 620 feet, more or less, to intersect the top of bank of the northeast side of Gwynns Falls; thence binding on the top of bank of the northeast, northwest and north sides of Gwynns Falls in a generally southeasterly, northeasterly, and easterly direction 2600 feet, more or less, to intersect the line of the northwest outline of the property known as #5012 W. Forest Park Avenue if projected southwesterly, crossing Purnell Drive; thence binding in part on last said line so projected, in part on the northwest outline of the properties known as #5012, #5010, and #5008 W. Forest Park Avenue and in all, Northeasterly 350 feet, more or less, to the northeast outline of the property known as #5008 W. Forest Park Avenue; thence binding on the northeast outline of the property known as #5008 W. Forest Park Avenue, Southeasterly 128 feet, more or less, to intersect the northwest side of Forest Park Avenue, as now laid out; thence by a straight line crossing last said Forest Park Avenue, Southeasterly 80 feet, more or less, to the point formed by the intersection of the southeast side of last said Forest Park Avenue and the northeast outline of the property known as #5007 W. Forest Park Avenue; thence binding on the northeast outline of the property known as #5007 W. Forest Park Avenue, Southeasterly 223 feet, more or less, to the southeast outline of last said property; thence binding in part on the southeast outline of last said property, in part on the line of the southeast outline of last said property, if projected southwesterly and in all, Southwesterly 325 feet, more or less, to intersect the top of bank of the northeast side of Gwynns Falls; thence binding on the top of bank of the northeast and east sides of Gwynns Falls in a generally southeasterly and southerly direction 940 feet, more or less, to intersect the division line between the property known as Lot 1/5 of Block 8393-H and the property adjoining on the southeast thereof known as Lot 7 of Block 8393-H; thence binding on last said division line, Northeasterly 35 feet, more or less, to intersect the southwest outline of the property known as #4900 Wetheredsville Road; thence binding on the southwest, northwest, north, and northeast outlines of the property known as #4900 Wetheredsville Road the twelve following courses and distances; namely, Northwesterly 248 feet, more or less, Northeasterly 57 feet, more or less, Northeasterly 73 feet, more or less, Easterly 57 feet, more or less, Easterly 69 feet, more or less, Northeasterly 176 feet, more or less, Northeasterly 137 feet, more or less, Northwesterly 95 feet, more or less; Northeasterly 60 feet, more or less, Southeasterly 123 feet, more or less, Northeasterly 424 feet, more or less, and Southeasterly 31 feet, more ore less, to intersect the top of bank of the northwest side of Gwynns Falls; thence binding on the top of bank of the northwest, northeast and east sides of Gwynns Falls in a generally northeasterly, southeasterly, and southerly direction 1400 feet, more or less, to intersect the line of the northwest outline of the property known as #4700 Wetheredsville Road if projected northeasterly; thence binding in part on last said line so projected, in part on the northwest outline of the property known as #4700 Wetheredsville Road, in part on the line of the northwest outline of last said property if projected southwesterly, crossing Wetheredsville Road and in all, Southwesterly 185 feet, more or less, to intersect the west side of Wetheredsville Road, as now laid out; thence binding along the west side of last said Wetheredsville Road in a generally northerly direction 105 feet, more or less, to intersect the former southwest outline of the United Railroad and Electric Company right of way; thence binding on the former southwest outline of the United Railroad and Electric Company right of way, northwesterly 410 feet, more or less, to intersect the south side of last said Wetheredsville Road; thence binding along the south side of last said Wetheredsville Road in a generally westerly direction 330 feet, more or less, to intersect a line drawn parallel with and distant 50.00 feet northeasterly, measured at right angles from the northeast outline of the property known as #4901 Wetheredsville Road; thence binding in part on last said line so drawn, in part on a line drawn parallel with and distant 50.00 feet northeasterly, measured at right angles from the northeast outline of the property known as #4923 Wetheredsville Road and in all southeasterly 495 feet, more or less, to intersect the line of the Forty-Ninth Line of this description if projected southwesterly; thence binding on last said line so projected, southwesterly 50 feet, more or less to intersect the northeast outline of the property known as #4923 Wetheredsville Road; thence binding on the northeast, and southeast outlines of the property known as #4923 Wetheredsville Road the three following courses and distances; namely, Southeasterly 110 feet, more or less, Southwesterly 331 feet, more or less, and Southwesterly 655 feet, more or less, to the easternmost corner of the property known as #4975 Wetheredsville Road; thence binding on the southeast, and southwest outlines of the property known as #4975 Wetheredsville Road the three following courses and distances; namely, Southwesterly 173 feet, more or less, Southwesterly 105 feet, more or less, and Northwesterly 198 feet, more or less; thence binding in part on the southeast outline of the properties known as #4975 Wetheredsville Road and #2301 Tucker Lane, in part on the southeasternmost extremity of Tucker Lane, in part on the southeast outline of the property known as #2300 Tucker Lane and in all, Southwesterly 398 feet, more or less, to the south outline of the property known as #2300 Tucker Lane; thence binding in part on the south outline of the properties known as #2300, #2302, #2304 Tucker Lane, and #5107 Sekots Road, in part on the southernmost extremity of Sekots Road, 50 feet wide, in part on the south outline of the property known as #5123 Wetheredsville Road and in all, Westerly 762 feet, more or less, to intersect the southeast outline of property known as #5137 Wetheredsville Road; thence binding in part on the southeast outline of the properties known as #5137, #5139, and #5141 Wetheredsville Road, in part on the southeast side of Weaver Lane, as now laid out 15 feet wide and all, Southwesterly 158 feet, more or less, to the northernmost extremity of Weaver Lane, as now laid out 35 feet wide; thence binding in part on the northeasternmost extremity of last said Weaver Lane, in part on the northeast line of the property known as #2215 Weaver Lane and in all, Southeasterly 110 feet, more or less, to the southeast outline of the property known as #2215 Weaver Lane; thence binding on the southeast outline of the properties known as #2215 and #2211 Weaver Lane, Southwesterly 170 feet, more or less, to the southwest outline of the property known as #2211 Weaver Lane; thence binding on the southwest outline of the property known as #2211 Weaver Lane, Northwesterly 90 feet, more or less, to intersect the southeast side of Weaver Lane, as now laid out 35 feet wide, and thence binding on the southeast side of last said Weaver Lane, Southwesterly 252 feet, more or less, to the place of beginning. *History: Ord. 69-331* *History: Ord. 15-408* #### § 11-6 Union Square District. Balt., Md., Code art. 6, § 11-6 (2026) Beginning for the same at the point formed by the intersection of the north side of Baltimore Street and the west outline of the property known as No. 1800 W. Baltimore Street and running thence binding on the west outline of said property, Northerly 104 feet, more or less, to the south side of a 9.5 foot alley; thence binding on the south side of said 9.5 foot alley, Easterly 16 feet, more or less, to intersect the west side of Fulton Avenue; thence binding on the west side of said Fulton Avenue, Southerly 44 feet, more or less, to intersect the line of the north outline of the property known as No. 1 North Fulton Avenue if projected westerly; thence binding in part reversely on said line so projected in part on the north outline of last said property and in all, Easterly 177 feet, more or less, to the west side of a 10 foot alley; thence binding on the west side of last said 10 foot alley, Southerly 10 feet, more or less, to intersect the line of the north outline of the property known as 1726/30 W. Baltimore Street if projected westerly; thence binding in part reversely on last said line so projected, in part on the north outline of last said property, in part on the line of the north outline of said property if projected easterly and in all, Easterly 80 feet, more or less, to intersect the east side of Bruce Street; thence binding on the east side of said Bruce Street, Northerly 10 feet, more or less, to the north outline of the property known as No. 1724 W. Baltimore Street; thence binding in part on the north outline of the properties known as Nos. 1724 through and including 1700/02 W. Baltimore Street, in part on the line of the north outline of the property known as No. 1700/02 W. Baltimore Street if projected easterly and in all, Easterly 223 feet, more or less, to intersect the east side of Mount Street; thence binding on the east side of said Mount Street, Northerly 40 feet, more or less, to the north outline of the property known as No. 1640 W. Baltimore Street; thence binding on the north outline of the properties known as Nos. 1640 through and including 1622 W. Baltimore Street, Easterly 157 feet, more or less, to the west side of Vincent Street; thence binding on the west side of said Vincent Street, Southerly 10 feet, more or less, to intersect the line of the north outline of the property known as No. 1620 W. Baltimore Street if projected westerly; thence binding in part reversely on last said line so projected, in part on the north outline of the properties known as Nos. 1620 through and including 1600 W. Baltimore Street, in part on the line of the north outline of the property known as No. 1600 W. Baltimore Street if projected easterly and in all, Easterly 243 feet, more or less, to intersect the east side of Gilmor Street; thence binding on the east side of said Gilmor Street, Northerly 10 feet, more or less, to the north outline of the property known as No. 1538 W. Baltimore Street; thence binding in part on the north outline of last said property, in part on the north outline of last said property if projected easterly and in all, Easterly 54 feet, more or less, to intersect the east side of a 5 foot alley; thence binding on the east side of said 5 foot alley, Southerly 1 foot more or less, to the north outline of the property known as No. 1532/1518 W. Baltimore Street; thence binding on the north outline of the properties known as Nos. 1532/1518 through and including 1508 W. Baltimore Street, Easterly 201 feet, more or less, to an east outline of the property known as No. 1508 W. Baltimore Street; thence binding on the east outline of last said property, Southerly 6 feet, more or less, to the north outline of the property known as No. 1506 W. Baltimore Street; thence binding on the north and east outlines of last said property the two following courses and distances; namely, Easterly 28 feet, more or less, and Southerly 19 feet, more or less, to the north outline of the property known as No. 1504 W. Baltimore Street; thence binding on the north outline of last said property, Easterly 17 feet, more or less to the westernmost outline of the property known as No. 1500 W. Baltimore Street; thence binding on the westernmost and northernmost outlines of last said property the two following courses and distances; namely, Northerly 15 feet, more or less, and Easterly 34 feet, more or less, to the west side of Stricker Street; thence by a straight line, crossing said Stricker Street, Easterly 66 feet, more or less, to the point formed by the intersection of the east side of said Stricker Street and the north outline of the property known as No. 1436 W. Baltimore Street; thence binding on the north outline of the properties known as Nos. 1436 through and including 1424 W. Baltimore Street, Easterly 157 feet, more or less, to the west side of Norris Alley; thence binding on the west side of said Norris Alley, Southerly 6 feet, more or less, to intersect the line of the north outline of the property known as No. 1418/1416 W. Baltimore Street if projected westerly; thence binding in part reversely on last said line so projected, in part on the north outline of the properties known as Nos. 1418/1416 through and including 1400 W. Baltimore Street, in part on the line of the north outline of the property known as No. 1400 W. Baltimore Street if projected easterly and in all, Easterly 242 feet, more or less, to intersect the east side of Calhoun Street; thence binding on the east side of said Calhoun Street, Southerly 46 feet, more or less, to the northernmost outline of the property known as No. 1/3 N. Calhoun Street; thence binding on the northernmost, east, and north outlines of last said property the three following courses and distances; namely, Easterly 31 feet, more or less, Southerly 3 feet, more or less, and Easterly 69 feet, more or less, to the west outline of the property known as No. 1318 W. Baltimore Street; thence binding on the west outline of last said property, Northerly 15 feet, more or less, to the north outline of last said property; thence binding in part on the north outline of the properties known as Nos. 1318 through and including 1314 W. Baltimore Street, in part on the line of the north outline of the property known as No. 1314 W. Baltimore Street if projected easterly and in all, Easterly 74 feet, more or less, to intersect the east side of Woodyear Street; thence binding on the east side of said Woodyear Street, Northerly 30 feet, more or less, to the north outline of the property known as No. 1312/1310 W. Baltimore Street; thence binding on the north and east outlines of last said property the two following courses and distances; namely, Easterly 48 feet, more or less, and Southerly 65 feet, more or less, to the north outline of the property known as No. 2 N. Carey Street; thence binding in part on the north outline of last said property, in part on the line of the north outline of last said property if projected easterly and in all, Easterly 175 feet, more or less, to intersect the east side of Carey Street; thence binding on the east side of said Carey Street, Northerly 27 feet, more or less, to the north outline of the property known as No. 1/3 N. Carey Street; thence binding on the north outline of last said property, Easterly 116 feet, more or less, to the east outline of last said property; thence binding on the east outline of last said property, Southerly 3 feet, more or less, to the north outline of the property known as No. 1220 W. Baltimore Street; thence binding in part on the north outline of the properties known as No. 1220 and No. 1218 W. Baltimore Street, in part on the line of the north outline of last said property if projected easterly and in all, Easterly 61 feet, more or less, to intersect the east side of Stockton Street; thence binding on the east side of said Stockton Street, Northerly 7 feet, more or less, to the north outline of the property known as No. 1216 W. Baltimore Street; thence binding on the north outline of the properties known as No. 1216 and No. 1214 W. Baltimore Street, Easterly 36 feet, more or less, to the west outline of the property known as No. 1212/1210 W. Baltimore Street; thence binding in part on the west outline of last said property, in part on the line of the west outline of the last said property if projected northerly and in all, Northerly 140 feet, more or less, to intersect the north side of Fairmount Avenue; thence binding in part on the north side of said Fairmount Avenue, in part on the line of the north side of said Fairmount Avenue if projected easterly and in all, Easterly 187 feet, more or less, to intersect the east side of Carrollton Avenue; thence binding on the east side of said Carrollton Avenue, Southerly 110 feet, more or less, to the north outline of the property known as No. 1128 W. Baltimore Street; thence binding on the north outline of last said property, Easterly 12 feet, more or less, to the west outline of the property known as No. 1126 W. Baltimore Street; thence binding on the west outline of last said property, Northerly 75 feet, more or less, to the south side of Fairmount Avenue; thence binding on the south side of said Fairmount Avenue, easterly 141 feet, more or less, to the east outline of the property known as No. 1120/1110 W. Baltimore Street; thence binding on the east outline of last said property, Southerly 60 feet, more or less, to the north outline of the property known as No. 1108 W. Baltimore Street; thence binding on the north outline of the properties known as Nos. 1108 through and including 1104 W. Baltimore Street, Easterly 59 feet, more or less, to the east outline of the property known as No. 1104 W. Baltimore Street; thence binding on the east outline of last said property, Southerly 20 feet, more or less, to the north outline of the property known as No. 1102 W. Baltimore Street; thence binding in part on the north outline of the properties known as No. 1102 and No. 1100 W. Baltimore Street, in part on the line of the north outline of last said property if projected easterly and in all, Easterly 53 feet, more or less, to the east side of Carlton Street; then binding on the east side of said Carlton Street, Northerly 5 feet, more or less, to the north outline of the property known as No. 1058 W. Baltimore Street; thence binding on the north outline of the properties known as No. 1058 and No. 1056 W. Baltimore Street, Easterly 37 feet, more or less, to the west outline of the property known as No. 1054 W. Baltimore Street; thence binding on the west outline of last said property, Northerly 22 feet, more or less, to the north outline of last said property; thence binding on the north outline of last said property and continuing to bind on the northernmost outline of the property known as No. 1052 W. Baltimore Street, Easterly 30 feet, more or less, to an east outline of last said property; thence binding on an east outline of last said property Southerly 4 feet, more or less, to a north outline of last said property; thence binding on the north outline of the properties known as Nos. 1052 through and including 1042 W. Baltimore Street, Easterly 77 feet, more or less, to the west outline of the property known as No. 1040/1032 W. Baltimore Street; thence binding in part on the west outline of last said property, in part on the line of the west outline of last said property if projected northerly and in all, Northerly 85 feet, more or less, to intersect the north side of Fairmount Avenue; thence binding in part on the north side of said Fairmount Avenue, in part on the line of the north side of said Fairmount Avenue if projected easterly and in all, Easterly 425 feet, more or less, to intersect the east side of Schroeder Street; thence binding on the east side of said Schroeder Street, Southerly 93 feet, more or less, to the north outline of the property known as No. 946 W. Baltimore Street; thence binding on the north outline of last said property, Easterly 16 feet, more or less, to the east outline of last said property; thence binding in part on the east outline of last said property, in part on the line of the east outline of last said property if projected southerly and in all, Southerly 143 feet, more or less, to intersect the south side of Baltimore Street; thence binding on the south side of said Baltimore Street, Easterly 1 foot, more or less, to the east outline of the property known as No. 947 W. Baltimore Street; thence binding on the east outline of last said property, Southerly 61 feet, more or less, to the north outline of the property known as No. 3 S. Schroeder Street; thence binding on the north outline of last said property, Easterly 27 feet, more or less, to the east outline of last said property; thence binding in part on the east outline of the properties known as Nos. 3 through and including 13 S. Schroeder Street, in part on the line of the east outline of the property known as No. 13 S. Schroeder Street if projected southerly and in all, Southerly 98 feet, more or less, to intersect the south side of Booth Street; thence binding on the south side of said Booth Street, Westerly 44 feet, more or less, to intersect the east side of Schroeder Street; thence binding on the east side of said Schroeder Street, Southerly 426 feet, more or less, to the north outline of the property known as No. 950 W. Lombard Street; thence binding on the north outline of last said property, Easterly 14 feet, more or less, to the east outline of last said property; thence binding on the east outline of last said property, Southerly 69 feet, more or less, to the north side of Lombard Street; thence binding on the north side of said Lombard Street, crossing Schroeder Street, Mt. Clare Street, Arlington Avenue, Carlton Street, Carrollton Avenue, Stockton Street, and Carey Street, Westerly 1325 feet, more or less, to the northwest corner of Lombard Street and Carey Street; thence binding on the west side of said Carey Street, Southerly 216 feet, more or less, to intersect the north side of Lemmon Street; thence binding on the north side of said Lemmon Street, Westerly 84 feet, more or less, to intersect the extension of the west side of the second 3 foot alley west of Carey Street; thence binding on the extension of and the west side of said 3 foot alley, Southerly 197 feet, more or less, to intersect the south side of Pratt Street; thence binding on the south side of Pratt Street, Westerly 8 feet, more or less, to the western property line of No. 1311 West Pratt Street; thence binding on the western property line of No. 1311 West Pratt Street, Southerly 90 feet, more or less, to the north side of the first 10 foot alley; thence binding in part on the south outline of the properties known as No. 1313 through and including No. 1321 W. Pratt Street, in part on the line of the south outline of the property known as No. 1321 W. Pratt Street, if projected westerly, and in all, Westerly 86 feet, more or less, to intersect the west side of Woodyear Street; thence binding on the west side of said Woodyear Street, Northerly 20 feet, more or less, to the south outline of the property known as No. 1323 W. Pratt Street; thence binding on the south outline of the properties known as Nos. 1323 through and including 1337 W. Pratt Street, Westerly 96 feet, more or less, to the west outline of the property known as No. 1337 W. Pratt Street; thence binding on the west outline of last said property, Northerly 55 feet, more or less, to intersect the line of the south outline of the property known as No. 201 S. Calhoun Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 127 feet more or less, to intersect the west side of Calhoun Street; thence binding on the west side of said Calhoun Street, Southerly 35 feet, more or less, to the south outline of the property known as No. 200/06 S. Calhoun Street; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 177 feet, more or less, to intersect the west side of Norris Street; thence binding on the west side of said Norris Street, Southerly 20 feet, more or less, to the south outline of the property known as No. 1409 W. Pratt Street; thence binding on the south outline of the properties known as Nos. 1409 through and including 1419 W. Pratt Street, Westerly 84 feet, more or less, to the west outline of the property known as No. 1419 W. Pratt Street; thence binding on the west outline of last said property, Northerly 56 feet, more or less, to intersect the line of the south outline of the property known as No. 201 S. Stricker Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 138 feet, more or less, to intersect the west side of Stricker Street; thence binding on the west side of said Stricker Street, Northerly 1 foot, more or less, to the south outline of the property known as No. 200 S. Stricker Street; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 66 feet, more or less, to intersect the east outline of the property known as No. 1505 W. Pratt Street; thence binding on the east outline of last said property, Southerly 52 feet, more or less, to the south outline of last said property; thence binding on the south outline of the properties known as Nos. 1505 through and including 1517 W. Pratt Street, Westerly 91 feet, more or less, to the east side of Parrish Street; thence binding on the east side of said Parrish Street, Southerly 8 feet, more or less, to intersect the line of the south outline of the property known as No. 1519 W. Pratt Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of the properties known as Nos. 1519 through and including 1527 W. Pratt Street and in all, Westerly 93 feet, more or less, to the west outline of the property known as No. 1527 W. Pratt Street; thence binding on the west outline of last said property, Northerly 57 feet, more or less, to intersect the line of the south outline of the property known as No. 201 S. Gilmor Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 150 feet, more or less, to intersect the west side of Gilmor Street; thence binding on the west side of Gilmor Street, Northerly 1 foot, more or less, to the south outline of the property known as No. 200 S. Gilmor Street; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 78 feet, more or less, to intersect the east outline of the property known as No. 1601 W. Pratt Street; thence binding on the east, south, and west outlines of last said property the three following courses and distances; namely, Southerly 64 feet, more or less, Westerly 16 feet, more or less, and Northerly 22 feet, more or less, to the south outline of the property known as No. 1603 W. Pratt Street; thence binding on the south outline of the properties known as Nos. 1603 and including 1609 W. Pratt Street, Westerly 50 feet, more or less, to the east outline of the property known as No. 1611 W. Pratt Street; thence binding on the east outline of last said property, Southerly 2 feet, more or less, on the south outline of last said property; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 33 feet, more or less, to intersect the west side of said Vincent Street; thence binding on the west side of Vincent Street, Southerly 10 feet, more or less, to the south outline of the property known as No. 1613 W. Pratt Street; thence binding in part on the south outline of the properties known as Nos. 1613 through and including 1635 W. Pratt Street, in part on the line of the south outline of the property known as No. 1635 W. Pratt Street if projected westerly and in all, Westerly 223 feet, more or less, to intersect the west side of Mount Street; thence binding on the west side of said Mount Street, Southerly 156 feet, more or less, to a south outline of the property known as No. 1700 McHenry Street; thence binding on the south and east outlines of last said property the two following courses and distances; namely, Westerly 60 feet, more or less, and Southerly 55 feet, more or less, to the north side of McHenry Street; thence binding on the north side of said McHenry Street, Westerly 96 feet, more or less, to intersect the east side of Bruce Street; thence binding on the east side of said Bruce Street, Northerly 219 feet, more or less, to intersect the line of the south outline of the property known as No. 1719 W. Pratt Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of the properties known as Nos. 1719 through and including 1725 W. Pratt Street, in part on the line of the south outline of the property known as No. 1725 W. Pratt Street if projected westerly, crossing a 10 foot alley, in part on the south outline of the properties known as Nos. 1727 through and including 1735 W. Pratt Street and in all, Westerly 160 feet, more or less, to the east outline of the property known as No. 1737 W. Pratt Street; thence binding on the east outline of last said property, Southerly 2 feet, more or less, to the south outline of last said property; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 83 feet, more or less, to intersect the west side of Fulton Avenue; thence binding on the west side of said Fulton Avenue, Southerly 8 feet, more or less, to the south outline of the property known as No. 1801 W. Pratt Street; thence binding on the south outline of last said property, Westerly 16 feet, more or less, to the west outline of last said property; thence binding in part on the west outline of last said property, in part on the line of the west outline of last said property if projected northerly and in all, Northerly 136 feet, more or less, to intersect the north side of Pratt Street; thence binding on the north side of said Pratt Street, Westerly 84 feet, more or less, to the west outline of the property known as No. 1800 W. Pratt Street; thence binding in part on the west outline of the property known as No. 1800 W. Pratt Street, in part on the west outline of the properties known as Nos. 126 through and including 122 S. Fulton Avenue and in all, Northerly 108 feet, more or less, to the south outline of the property known as No. 120 S. Fulton Avenue; thence binding on the south, west, and north outlines of last said property the three following courses and distances; namely, Westerly 56 feet, more or less, Northerly 18 feet, more or less, and Easterly 14 feet, more or less, to the west outline of the property known as No. 118 S. Fulton Avenue; thence binding on the west and north outlines of last said property the two following courses and distances; namely, Northerly 15 feet, more or less, and Easterly 62 feet, more or less, to the west outline of the property known as No. 116 S. Fulton Avenue; thence binding on the west outline of the properties known as Nos. 116 through and including 110 S. Fulton Avenue, Northerly 60 feet, more or less, to the south outline of the property known as No. 108 S. Fulton Avenue; thence binding on the south outline of last said property, Westerly 20 feet, more or less, to the west outline of last said property; thence binding in part on the west outline of the properties known as Nos. 108 through and including 104/100 S. Fulton Avenue, in part on the line of the west outline of the property known as No. 104/100 S. Fulton Avenue if projected northerly and in all, Northerly 163 feet, more or less, to intersect the north side of Lombard Street, thence binding on the north side of said Lombard Street, Easterly 10 feet, more or less, to the west outline of the property known as No. 54 S. Fulton Avenue; thence binding on the west outline of the properties known as Nos. 54 through and including 46 S. Fulton Avenue, Northerly 90 feet, more or less, to the south outline of the property known as No. 44 S. Fulton Avenue; thence binding on the south outline of last said property, Westerly 35 feet, more or less, to the west outline of last said property; thence binding on the west outline of the properties known as No. 44 and No. 42 S. Fulton Avenue; Northerly 36 feet, more or less, to the south outline of the property known as No. 40 S. Fulton Avenue; thence binding on the south and west outlines of last said property the two following courses and distances; namely, Westerly 7 feet, more or less, and Northerly 18 feet, more or less, to the south outline of the property known as No. 38 S. Fulton Avenue; thence binding on the south outline of last said property, Westerly 70 feet, more or less, to the east side of Addison Street; thence binding on the east side of said Addison Street, Northerly 18 feet, more or less, to the north outline of last said property; thence binding on the north outline of last said property, Easterly 105 feet, more or less, to the west outline of the property known as No. 36 S. Fulton Avenue; thence binding in part on the west outline of the properties known as Nos. 36 through and including 26/22 S. Fulton Avenue, in part on the line of the west outline of the property known as No. 26/22 S. Fulton Avenue if projected northerly and in all, Northerly 210 feet, more or less, to intersect the north side of Hollins Street; thence binding on the north side of said Hollins Street, Westerly 105 feet, more or less, to intersect the line of the east side of Addison Street if projected northerly; thence binding on last said line so projected, Northerly 150 feet, more or less, to intersect the north side of Booth Street, thence binding on the north side of said Booth Street, Easterly 182 feet, more or less, to the west outline of the property known as No. 1801 W. Baltimore Street; thence binding in part on the west outline of last said property, in part on the line of the west outline of last said property if projected northerly and in all, Northerly 233 feet, more or less, to intersect the north side of said Baltimore Street and thence binding on the north side of said Baltimore Street, Westerly 10 feet, more or less, to the place of beginning. *History: Ord. 70-821* *History: Ord. 77-580* *History: Ord. 15-408* #### § 11-7 Mt. Royal Terrace-Reservoir Hill District. Balt., Md., Code art. 6, § 11-7 (2026) The parcel of land located within the boundaries set forth in this section is hereby declared to be within the Mt. Royal Terrace-Reservoir Hill Historical and Architectural District: Beginning for the same at the point formed by the intersection of the northeast face of the southwest concrete curb of Mt. Royal Terrace and the north side of North Avenue, varying in width, and running thence binding on the north side of said North Avenue, Westerly 325 feet, more or less, to intersect the northeast side of a 16 foot alley, there situate; thence binding on the northeast side of said 16 foot alley, Northwesterly 155 feet, more or less, to intersect the northeast side of an alley of varying width, there situate; thence binding on the northeast side of last said alley, Northwesterly 16 feet, more or less, to intersect the north side of a 20 foot alley, there situate; thence binding on the north side of last said alley, Westerly 43 feet, more or less, to intersect the northeast side of a 16 foot alley, there situate; thence binding on the northeast side of last said alley, Northwesterly 82 feet, more or less, to intersect the line of the north side of a 12 foot alley, there situate, if projected easterly; thence binding in part reversely on the line of the north side of last said alley, so projected, in part on the north side of last said alley, and in all, Westerly 184 feet more or less, to intersect the east side of a 10 foot alley, there situate; thence binding on the east side of last side alley, Northerly 100 feet, more or less, to intersect the south side of Lennox Street, 66 feet wide; thence by a straight line crossing said Lennox Street, Northerly 66 feet. more or less, to a point formed by the intersection of the north side of said Lennox Street and the east side of a 9 foot alley, there situate; thence binding on the east side of last said alley, Northerly 90 feet, more or less, to intersect the south side of a 10 foot alley, there situate; thence binding in part on the south side of last said alley, in part on the line of the south side of last said alley, if projected easterly, and in all, Easterly 95 feet, more or less, to intersect the east side of a 15 foot alley, there situate; thence binding on the east side of last said alley, Northerly 84 feet, more or less, to intersect the north side of a 15 foot alley, there situate, if projected easterly; thence binding in part reversely on the line of the north side of last said alley, so projected, in part on the line of the north side of last said alley, and in all, Westerly 93 feet, more or less, to intersect the east side of a 15 foot alley, there situate; thence binding on the east side of last said alley, Northerly 34 feet, more or less, to intersect the northeast side of a 12 foot alley, there situate; thence binding on the northeast side of last said alley, Northwesterly 32 feet, more or less, to intersect the east side of an 8.5 foot alley, there situate; thence binding in part on the east side of last said alley and in part on the east side of last said alley, if projected northerly, and in all, Northerly [144 feet, more or less, to intersect the north side of Reservoir Street, 66 feet wide; thence binding on the north side of said Reservoir Street, Westerly 118 feet, more or less, to intersect the northeast side of Park Avenue, 66 feet wide; thence binding on the northeast side of said Park Avenue, Northwesterly 233 feet, more or less, to intersect the southeast side of Park Avenue, varying from a width of 66 feet to a width of 120 feet; thence binding on the southeast side of last said Park Avenue, Northeasterly 52 feet, more or less, to intersect the northeast side of Park Avenue, 120 feet wide; thence binding on the northeast side of last said Park Avenue, Northwesterly 163 feet, more or less, to intersect the division line between No. 2033 Park Avenue and No. 2001 Park Avenue; thence binding in part on the last said division line and in part of the last said division line, if projected northeasterly, and in all, Northeasterly 161 feet, more or less, to intersect the northeast side of a 15 foot alley, there situate; thence binding on the northeast side of last said alley, Northwesterly 65 feet, more or less, to intersect the southeast side of Newington Avenue, 66 feet wide; thence by a straight line crossing said Newington Avenue, Northwesterly 66 feet more or less, to the point formed by the intersection of the northwest side of said Newington Avenue and the northeast side of a 15 foot alley laid out 135 feet southwest of last said Mt. Royal Terrace; thence binding on the northeast side of last said alley, Northwesterly 329] 111 feet, more or less, to intersect the centerline of Reservoir Street, 66 feet wide; thence binding on the centerline of said Reservoir Street, Westerly 341 feet, more or less, to intersect the line of the centerline of a 15 foot alley, laid out in the rear of the properties known as Nos. 2000 through 2042 Park Avenue, if projected southeasterly; thence binding in part reversely on the line of the centerline of said 15 foot alley, so projected, in part on the centerline of said 15 foot alley, and in all, Northwesterly 401 feet, more or less, to intersect the centerline of Newington Avenue, 66 feet wide; thence binding on the centerline of said Newington Avenue, Northeasterly 399 feet, more or less, to intersect the line of the northeast side of a 15 foot alley, laid out 135 feet southwest of last said Mt. Royal Terrace, if projected southeasterly; thence binding in part reversely on the line of the northeast side of said 15 foot alley, so projected, in part on the northeast side of last said alley, and in all, Northwesterly 362 feet, more or less, to intersect the southeast side of Whitelock Street, 66 feet wide, thence by a straight line crossing said Whitelock Street, Northwesterly 66 feet, more or less, to the point formed by the intersection of the northwest side of said Whitelock Street and the northeast side of a 15 foot alley laid out 135 feet southwest of last said Mt. Royal Terrace; thence binding on the northeast side of last said alley, Northwesterly 294 feet, more or less, to intersect the east side of Park Avenue, 120 feet wide; thence binding on the east side of last said Park Avenue, northerly 237 feet, more or less, to intersect the southwest side of last said Mt. Royal Terrace thence binding on the southwest side of last said Mt. Royal Terrace crossing said Whitelock Street, and said Newington Avenue the two following courses and distances; namely, Southeasterly 1606 feet, more or less, and Southerly 32 feet, more or less, to intersect the north side of said Reservoir Street; thence by a straight line crossing said Reservoir Street, Southeasterly 80 feet, more or less, to the point formed by the intersection of the south side of said Reservoir Street and the northeast face of the southwest concrete curb of Mt. Royal Terrace mentioned firstly herein and thence binding on the northeast and east face of the southwest and west concrete curb of Mt. Royal Terrace mentioned firstly herein, crossing said Lennox Street, in a generally southeasterly direction 840 feet, more or less, to the place of beginning. *History: Ord. 76-062* *History: Ord. 78-612* *History: Ord. 84-059* *History: Ord. 91-705* *History: Ord. 07-547* *History: Ord. 15-408* #### § 11-8 Madison Park District. Balt., Md., Code art. 6, § 11-8 (2026) The parcel of land located within the boundaries set forth in this section are hereby declared to be within the Madison Park Historic and Architectural Preservation District. Beginning for the same at the point formed by the intersection of the northwest side of Laurens Street, 66 feet wide, and the northeast side of Morris Street, 20 feet wide, and running thence binding on the northeast side of said Morris Street and on the southwest outline of the Commission for Historical and Architectural Preservation-Bolton Hill Preservation District Boundary, Northwesterly 648 feet, more or less, to intersect the northwest outline of the property known as No. 1920 Eutaw Place; thence binding on the northwest outline of said property and on a northwest outline of said Bolton Hill Preservation District Boundary, Northeasterly 38 feet, more or less, to the southwest outline of the property known as No. 1922 Eutaw Place; thence binding in part on the southwest outline of last said property, in part on the northeast side of the former bed of Morris Street, 20 feet wide, as condemned and closed in accordance with Ordinance No. 1205, approved December 2, 1967, in part on the line of the northeast side of the former bed of last said Morris Street, if projected northwesterly, and in all, along the southwest outline of said Bolton Hill Preservation District Boundary, crossing Presstman Street, Northwesterly 145 feet, more or less, to intersect the northwest side of Presstman Street, 66 feet wide; thence binding on the northwest side of said Presstman Street and on a southeast outline of said Bolton Hill Preservation District Boundary, Southwesterly 36 feet, more or less, to intersect the northeast side of Morris Street, 15 feet wide; thence binding in part on the northeast side of last said Morris Street, in part on the northeast side of Morris Street, 20 feet wide, in part on the line of the northeast side of last said Morris Street, if projected northwesterly, and in all, along the southwest outline of said Bolton Hill Preservation District Boundary, crossing Bloom Street, Northwesterly 401 feet, more or less, to intersect the northwest side of Bloom Street, 66 feet wide; thence binding on the northwest side of said Bloom Street and on a southeast outline of said Bolton Hill Preservation District Boundary, Southwesterly 11 feet, more or less, to intersect the northeast side of Morris Street, 20 feet wide; thence binding in part on the northeast side of last said Morris Street, in part on the northeast side of the former bed of Morris Street, 20 feet wide, as condemned and closed in accordance with Ordinance No. 597, approved July 13, 1965 and in all, along the southwest outline of said Bolton Hill Preservation District Boundary, Northwesterly 178 feet, more or less, to intersect the south side of North Avenue, 125 feet wide; thence by a straight line drawn at a right angle to the south side of said North Avenue and along the westernmost outline of said Bolton Hill Preservation District Boundary, Northerly 62.5 feet to intersect the center line of said North Avenue; thence binding on the center line of said North Avenue, Westerly 158 feet, more or less, to intersect the line of the southeast side of Gold Street, 66 feet wide, if projected northeasterly; thence binding in part reversely on said line so projected, in part on the southeast side of said Gold Street, and in all, crossing Madison Avenue, Southwesterly 246 feet, more or less, to intersect the northeast side of Tiffany Street, 15 feet wide; thence binding on the northeast side of said Tiffany Street, crossing Bloom Street, Presstman Street and Robert Street, Southeasterly 1523 feet, more or less, to intersect the northwest side of Laurens Street, 66 feet wide and thence binding on the northwest side of said Laurens Street, crossing Madison Avenue and Morris Street, Northeasterly 334 feet, more or less, to the place of beginning. *History: Ord. 77-503* *History: Ord. 15-408* #### § 11-9 Waverly District. Balt., Md., Code art. 6, § 11-9 (2026) The area located within the boundaries set forth in this section is hereby declared to be a Historic and Architectural District and may be referred to as Waverly Historic and Architectural District: Beginning for the same at the point formed by the intersection of the north side of 34th Street, as now laid out 66 feet wide and the east side of Old York Road, as now laid out 50 feet wide, and running thence binding on the east side of said Old York Road, northerly 184 feet, more or less, to the north outline of the property known as No. 3411 Old York Road; thence binding in part on the north outline of said property, and in all, easterly 143 feet, more or less, to the east side of said alley; thence binding on the east side of said alley, southerly 5 feet, more or less, to the north side of a 10 foot alley; thence binding on the north side of said 10 foot alley, easterly 31 feet, more or less, to the northwest corner of the property known as 612 E. 34th Street; thence binding on the north outline of the properties known as No. 612 through and including 620/22 E. 34th Street, easterly 397 feet, more or less, to the east outline of the property known as No. 620/622 E. 34th Street; thence binding in part on the east outline of last said property, in part on the line of the east outline of last said property, if projected southerly, and in all, southerly 149 feet, more or less, to intersect the south side of said 34th Street; thence binding on the south side of said 34th Street, westerly 129 feet, more or less, to intersect the center line of Tinges Lane, as now laid out 20 feet wide; thence binding on the center line of said Tinges Lane, southerly 224 feet, more or less, to intersect the north side of Venable Avenue, as now laid out 40 feet wide; thence binding on the north side of said Venable Avenue, westerly 331 feet, more or less, to the west outline of the property known as No. 612 Venable Avenue; thence binding on the west outline of last said property, northerly 105 feet, more or less, to the center line of a 10 foot alley, laid out in the rear of the properties known as Nos. 619 through and including 601 E. 34th Street; thence binding on the center line of last said 10 foot alley, westerly 138 feet, more or less, to intersect the east side of said Old York Road and thence binding on the east side of said Old York Road, northerly 173 feet, more or less, to the place of beginning. *History: Ord. 78-720* *History: Ord. 95-660* *History: Ord. 15-408* #### § 11-10 Loft District. Balt., Md., Code art. 6, § 11-10 (2026) The area located within the boundaries set forth in this section is hereby declared to be a Historic and Architectural District and may be referred to as Loft Historic and Architectural District: Beginning for the same at the point formed by the intersection of the west side of Paca Street, as now laid out 82.5 feet wide, and the north side of Lombard Street, as now laid out 66 feet wide, and running thence binding on the north side of said Lombard Street, Westerly 327 feet, more or less, to intersect the east side of Greene Street, as now laid out 66 feet wide; thence binding on the east side of said Greene Street, Northerly, 185 feet, more or less, to intersect the line of the north outline of the property known as No. 32/34 S. Paca Street if projected Westerly; thence binding in part reversely on said line so projected, in part on the north outline of the property known as No. 32/34 S. Paca Street, and in all, Easterly 327 feet, more or less, to the aforesaid west side of Paca Street and thence binding on the west side of said Paca Street, Southerly 185 feet, more or less, to the place of beginning. Addition 1: Beginning for the same at the point formed by the intersection of the south side of Lombard Street, as now laid out and the west side of the former bed of Hopkins Place, as condemned and closed under Ordinance No. 679, approved June 14, 1974 and running thence binding on the west side of the former bed of said Hopkins Place, Southerly 27 feet, more or less, to the south outline of the property known as No. 100 Hopkins Place; thence binding on the south outline of said property, Westerly 130 feet, more or less, to the east side of the former bed of a 20 foot alley, as condemned and closed under said ordinance; thence binding on the east side of the former bed of said 20 foot alley, Northerly 27 feet, more or less, to the south side of said Lombard Street and thence binding on the south side of said Lombard Street, Easterly 130 feet, more or less, to the place of beginning. *History: Ord. 78-715* *History: Ord. 79-1130* *History: Ord. 15-408* #### § 11-11 Ridgely’s Delight District. Balt., Md., Code art. 6, § 11-11 (2026) The area located within the boundaries set forth in this section is hereby declared to be a Historic and Architectural District, and may be referred to as Ridgely’s Delight Historical and Architectural Preservation District: Beginning for the same at the intersection of the north side of West Pratt Street and the center line of the proposed City Boulevard; thence from said point of beginning and binding on the north side of Pratt Street easterly to intersect the east side of Greene Street; thence binding on the east side of Greene Street southerly to intersect the center line of the proposed City Boulevard; thence binding on the center line of the proposed City Boulevard northerly to the point of beginning. Provided, however, that notwithstanding the provisions hereinabove in this section, the following property is excluded from and is not included in the described area: The property listed in the Baltimore City Tax records as Lot 1 in Block 676, measuring 289 feet by 280 feet and known as 220 South Greene Street. *History: Ord. 79-1175* *History: Ord. 15-408* #### § 11-12 Stirling Street District. Balt., Md., Code art. 6, § 11-12 (2026) The area located within the boundaries set forth in this section is hereby declared to be a Historical and Architectural District and may be referred to as Stirling Street Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the south side of Monument Street, as now laid out 66 feet wide and west side of Flatiron Alley, 51 feet wide, as shown on the final subdivision plan of the Department of Housing and Community Development Oldtown Project recorded or intended to be recorded among the Land Records of Baltimore City immediately prior hereto and running thence binding on the west side of said Flatiron Alley, South 02°-55'-25" East 50.97 feet to the northwest side of Flatiron Alley, varying in width, as shown on said final subdivision plan; thence binding on the northwest side of last said Flatiron Alley, varying in width, by a line curving to the right with a radius of 16.01 feet the distance of 8.20 feet which arc is subtended by a chord bearing South 53°-07'-16" West 8.11 feet; thence binding in part on the northwest side of last said Flatiron Alley, varying in width, in part on the northwest side of Flatiron Alley, 36 feet wide, as shown on said final subdivision plan, and in all, South 67°-47'-40" West 39.65 feet; thence binding in part on the northwest side of last said Flatiron Alley, 36 feet wide, in part on northwest side of Flatiron Alley, varying in width, as shown on said final subdivision plan, and in all, by a line curving to the left with a radius of 121.00 feet the distance of 97.00 feet which arc is subtended by a chord bearing 44°-49'-42" West 94.43 feet; thence continuing to bind on the northwest side of last said Flatiron Alley, varying in width, by a line curving to the right with a radius of 60.00 feet the distance of 25.45 feet which arc is subtended by a chord bearing South 34°-00'-54.5" West 25.26 feet; thence binding on the northwest side of Flatiron Alley, 36 feet wide, as shown on said final subdivision plan, South 46°-10'-05" West 357.42 feet to the northeast side of Mott Street, 60 feet wide, as shown on said final subdivision plan; thence binding on the northeast side of said Mott Street, North 40°-57'-55" West 213.15 feet to the southeast side of Ensor Street, as realigned and widened, as shown on said final subdivision plan; thence binding on the southeast side of said Ensor Street, as realigned and widened, the three following courses and distances; namely, by a line curving to the right with a radius of 414.74 feet the distance of 16.83 feet which arc is subtended by a chord bearing North 45°-38'-20.5" East 16.83 feet, by a line curving to the left with a radius of 562.62 feet the distance of 185.42 feet which arc is subtended by a chord bearing North 37°-20'-35.5" East 184.59 feet and by a line curving to the right with a radius of 136.34 feet the distance of 140.81 feet which arc is subtended by a chord bearing North 57°-29'-20.5" East 134.63 feet to the south side of said Monument Street and thence binding on the south side of said Monument Street, North 87°-04'-35" East 281.71 feet to the place of beginning. *History: Ord. 79-1204* *History: Ord. 15-408* #### § 11-13 Butchers Hill District. Balt., Md., Code art. 6, § 11-13 (2026) Beginning for the same at the southeastern intersection of North Chester Street and Moyer Street; thence binding easterly on Moyer Street 60'3" more or less to intersect a 9'9" alley running parallel to North Chester Street; thence binding southernly on said alley 53'9" more or less to intersect a 10' alley running parallel to East Baltimore Street 100' north of East Baltimore Street; thence binding easternly on the southern edge of said alley 160' more or less to intersect North Duncan Street; thence crossing North Duncan Street and binding easternly 84' more or less on the northern outlines of the properties known as 2122 through 2130 East Baltimore Street; thence binding southernly 12' more or less on the eastern outline of the property known as 2130 East Baltimore Street to intersect the northern outline of the property known as 2132 East Baltimore Street; thence binding easternly 69' more or less on the northern outlines of the properties known as 2132 through 2140 East Baltimore Street to intersect North Collington Avenue; thence crossing North Collington Avenue and binding easternly 140' more or less on the northern outlines of the properties known as 2200 through 2216 East Baltimore Street to intersect North Madeira Street; thence crossing North Madeira Street and binding easternly 82'6" more or less on the northern outlines of the properties known as 2234 through 2240 East Baltimore Street and the northern outline of the property known as 2 North Patterson Park Avenue to intersect North Patterson Park Avenue; thence binding southernly on Patterson Park Avenue 245' more or less to a point 96' from the southwestern intersection of East Baltimore Street and South Patterson Park Avenue; thence binding westernly 85'2" more or less on the southern outline of the property known as 2 South Patterson Park Avenue and the southern outlines of the properties known as 2231 through 2237 East Baltimore Street; thence binding southernly 3' more or less on a brick alley running parallel to East Baltimore Street 96' south of East Baltimore Street; thence binding westernly 15' more or less on the southern outline of the property known as 2229½ East Baltimore Street to intersect the eastern outline of the property known as 2229 East Baltimore Street; thence binding on the dividing line between the property known as 2229 East Baltimore Street and the properties known as 6 through 10 South Patterson Park Avenue in a southernly direction 51' more or less to intersect Boyer Street; thence binding westernly on Boyer Street 139' more or less to intersect the dividing line between the properties known as 2215 East Baltimore Street and 2214 Boyer Street; thence binding on said dividing line northernly 66' more or less; thence binding westernly 72' more or less on the southern outlines of the properties known as 2207 through 2213 East Baltimore Street; thence binding southernly 5'8" more or less on the eastern outline of the property known as 2205 East Baltimore Street; thence binding westernly 53' more or less on the southern outline of the properties known as 2201 through 2205 East Baltimore Street to intersect South Collington Avenue; thence crossing South Collington Avenue and binding westernly 80' more or less on a 10' alley running parallel with East Baltimore Street 80' south of East Baltimore Street; thence binding southernly 20' more or less on the eastern outline of the property known as 2119 East Baltimore Street to intersect the dividing line between said property and the property known as 2122 Boyer Street; thence binding westernly on said dividing line 17'6" more or less; thence binding southernly 50' more or less on the dividing line between the properties known as 2122 Boyer Street and 2115-2117 East Baltimore Street to intersect Boyer Street; thence binding westernly 26' more or less on Boyer Street to intersect South Duncan Street; thence binding northernly 50' more or less on South Duncan Street to intersect a 10' alley running parallel with East Baltimore Street 100' south of East Baltimore Street; thence binding on said alley westernly 123' more or less to intersect South Chester Street; thence binding northernly on Chester Street 232' more or less to the place of the beginning. *History: Ord. 81-401* *History: Ord. 15-408* #### § 11-14 Butchers Hill District. Balt., Md., Code art. 6, § 11-14 (2026) The area located within the boundaries set forth in this section is hereby declared to be the Butchers Hill Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the centerline of Patterson Park Avenue, 70 feet wide and the line of the south outline of the property known as No. 134 S. Patterson Park Avenue, if projected easterly, and running thence binding on the centerline of said Patterson Park Avenue, crossing Pratt Street, southerly 215 feet, more or less, to intersect the line of the south side of an alley 10 feet wide, laid out 125 feet south of Pratt Street, 60 feet wide, if projected easterly; thence binding in part reversely on last said line so projected, in part on the south side of said alley, in part on the line of the south side of said alley, if projected westerly, and in all, crossing Madeira Street and Collington Avenue, Westerly 467 feet, more or less, to intersect the west side of Collington Avenue, 70 feet wide; thence binding on the west side of said Collington Avenue, crossing Pratt Street, Northerly 320 feet, more or less, to intersect the line of the south side of an alley, 10 feet wide laid out in the rear of the properties known as No. 2200 through and including No. 2214 E. Pratt Street, if projected westerly; thence binding in part reversely on last said line so projected, in part on the south side of last said alley, in part on the line of the south side of last said alley if projected easterly, and in all, crossing Collington Avenue and Madeira Street, Easterly 277 feet, more or less, to intersect the east side of Madeira Street, 20 feet wide; thence binding on the east side of said Madeira Street, Southerly 105 feet, more or less, to the south outline of said property known as No. 134 S. Patterson Park Avenue, and thence binding in part on the south outline of said property, in part on the line of the south outline of said property if projected easterly, and in all, Easterly 190 feet, more or less, to the place of beginning. *History: Ord. 88-075* *History: Ord. 15-408* #### § 11-15 Eutaw Place-Madison Avenue District. Balt., Md., Code art. 6, § 11-15 (2026) Beginning for the same at the north side of North Avenue and the west side of Jordan Street; thence binding from said point of beginning on the west side of Jordan Street northerly to intersect the north side of the first 3-foot alley south of Chauncey Avenue; thence binding on the north side of said 3-foot alley westerly to intersect the east side of the first 5-foot alley west of and parallel to Jordan Street; thence binding on the east side of said 5-foot alley on an extended line northerly to intersect the north side of Chauncey Avenue; thence binding on the north side of Chauncey Avenue easterly to intersect the west side of Jordan Street; thence binding on the west side of Jordan Street northerly to intersect the north side of Hendler Lane; thence binding on the north side of Hendler Lane easterly to intersect the west property line of 913 Druid Park Lake Drive; thence binding on said property line northerly to intersect the south side of Druid Park Lake Drive westerly to intersect a point at the intersection of Eutaw Place and Cloverdale Road; thence binding from said point of intersection to the south side of Cloverdale Road; thence binding on the south side of Cloverdale Road westerly to intersect the east side of McCulloh Street; thence binding on the east side of McCulloh Street southerly to intersect the south side of Hendler Lane; thence binding on the south side of Hendler Lane easterly to intersect the east side of Tiffany Alley; thence binding on the east side of Tiffany Alley southerly to intersect the south side of Clendenin Street; thence binding on the south side of Clendenin Street easterly to intersect the east property line of 1101 Clendenin Street; thence binding on said east property line southerly to intersect the east property line of 1124-1126 East North Avenue; thence binding on said east property line southerly to intersect the north side of North Avenue; thence binding on the north side of North Avenue easterly to the point of beginning. *History: Ord. 81-407* *History: Ord. 15-408* #### § 11-16 Otterbein District. Balt., Md., Code art. 6, § 11-16 (2026) The area located within the boundaries set forth in this section is hereby declared to be a Historical and Architectural Preservation District and may be referred to as the Otterbein Historical and Architectural Preservation District: Beginning at the intersection of the south side of West Barre Street and the west side of South Hanover Street, thence binding on the west side of South Hanover Street southerly to intersect the north side of West Hughes Street, thence binding on the north side of West Hughes Street westerly to intersect the east side of South Sharp Street, thence binding on the east side of South Sharp Street northerly to intersect the south side of West Barre Street, thence binding on the south side of West Barre Street easterly to the place of beginning. *History: Ord. 83-1078* *History: Ord. 15-408* #### § 11-17 Upton’s Marble Hill District. Balt., Md., Code art. 6, § 11-17 (2026) The area located within the boundaries set forth in this section is hereby declared to be the Upton’s Marble Hill Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the centerline of McMechen Street and the centerline of McCulloh Street and running thence binding on the centerline of McCulloh Street, Southeasterly 396 feet, more or less, to intersect the centerline of Mosher Street; thence binding on the centerline of Mosher Street, Northeasterly 145 feet, more or less, to intersect the centerline of Tiffany Street; thence binding on the centerline of Tiffany Street, Northwesterly 396 feet, more or less, to intersect the centerline of McMechen Street; thence binding on the centerline of McMechen Street, Northeasterly 160 feet, more or less, to intersect the centerline of Madison Avenue; thence binding on the centerline of Madison Avenue, Southeasterly 396 feet, more or less, to intersect the centerline of Mosher Street; thence binding on the centerline of Mosher Street, Northeasterly 182 feet, more or less, to intersect the centerline of Morris Street; thence binding on the centerline of Morris Street, Southeasterly 198 feet, more or less, to an offset in Morris Street; thence Southwesterly 10 feet, more or less, to intersect the centerline of Morris Street laid out 130 feet, more or less, northeast of Madison Avenue; thence binding on the centerline of last said Morris Street, Southeasterly 198 feet, more or less, to intersect the centerline of Lafayette Avenue; thence binding on the centerline of Lafayette Avenue, Southwesterly 777 feet, more or less, to intersect the centerline of Druid Hill Avenue; thence binding on the centerline of Druid Hill Avenue, Southeasterly 415 feet more or less, to intersect the centerline of Lanvale Street; thence binding on the centerline of Lanvale Street, Southwesterly 213 feet, more or less, to intersect the centerline of Etting Street; thence binding on the centerline of Etting Street, Northwesterly 147 feet, more or less, to intersect the centerline of a 10 foot alley; thence binding on the centerline of said 10 foot alley, Northeasterly 86 feet, more or less, to intersect the centerline of another 10 foot alley laid out 90 feet, more or less, southwest of Druid Hill Avenue; thence binding on the centerline of last said 10 foot alley, crossing Lafayette Avenue, Northwesterly 415 feet, more or less, to the southeast outline of the property known as No. 1412 Druid Hill Avenue; thence binding in part on said outline, in part on the northwest outline of the property known as No. 1403 Etting Street, and in all, Southwesterly 22 feet, more or less, to the centerline of another 10 foot alley laid out 45 feet, more or less, northeast of Etting Street; thence binding on the centerline of last said 10 foot alley, Northwesterly 40 feet, more or less, to the southeast outline of the property known as No. 1411/1413 Etting Street; thence binding in part on last said outline, in part on the division line between last said outline and the property adjoining on the southeast thereof known as No. 1409 Etting Street, in part on the line of said division line if projected southwesterly, and in all, Southwesterly 70 feet, more or less, to intersect the centerline of Etting Street; thence binding on the centerline of Etting Street, Northwesterly 85 feet, more or less, to intersect the centerline of a 10 foot alley; thence binding on the centerline of last said 10 foot alley, Northeasterly 76 feet, more or less, to intersect the centerline of another 10 foot alley laid out 100 feet, more or less, southwest of Druid Hill Avenue; thence binding on the centerline of last said 10 foot alley, Northwesterly 136 feet, more or less, to intersect the centerline of Mosher Street; thence binding on the centerline of Mosher Street, Northeasterly 138 feet, more or less, to intersect the centerline of Druid Hill Avenue; thence binding on the centerline of Druid Hill Avenue, Northwesterly 398 feet, more or less, to intersect the centerline of McMechen Street; thence binding on the centerline of McMechen Street, Southwesterly 125 feet, more or less, to intersect the centerline of a 4 foot alley laid out in the rear of the properties known as Nos. 1600 through 1608 Druid Hill Avenue; thence binding on the centerline of said 4 foot alley, Northwesterly 113 feet, more or less, to intersect the centerline of a 3 foot alley laid out adjacent to the southeast outline of the property known as No. 1610/1614 Druid Hill Avenue; thence binding on the centerline of said 3 foot alley, Southwesterly 24 feet, more or less, to intersect the line of the southwest outlines of the properties known as Nos. 1610 through 1624 Druid Hill Avenue, if projected southeasterly; thence reversely in part on last said line so projected, in part on the southwest outlines of last said properties, and in all, Northwesterly 161.5 feet, more or less, to the rear outline of the property known as No. 503 Wilson Street; thence binding in part on part of the rear outline of last said property, in part on part of the northwest outline of the property known as No. 1624 Druid Hill Avenue, and in all, Northeasterly 16 feet, more or less, to intersect the centerline of a 10 foot alley laid out 95 feet, more or less, southwest of Druid Hill Avenue; thence binding on the centerline of last said 10 foot alley, Northwesterly 124 feet, more or less, to intersect the centerline of Wilson Street; thence binding on the centerline of Wilson Street, Southwesterly 5 feet, more or less, to intersect the centerline of a 10 foot alley laid out 100 feet, more or less, southwest of Druid Hill Avenue; thence binding on the centerline of last said 10 foot alley, Northwesterly 183 feet, more or less, to a southeast outline of Lot 62 of Block 339 known as No. 520 Wilson Street, also known as Lot 34 as shown on a plat entitled, “Amended Upton Project Final Subdivision Plan”, recorded among the land records of Baltimore City and filed in Pocket Folder W.A. No. 2699, dated: January 23, 1980; thence binding on last said outline and on an east outline of said lot the two following courses and distances; namely, North 46°-25'-00" East 10 feet, more or less, and North 02°-28'-50" West 5.35 feet to the division line between said Lot 62 and the properties known as No. 1720 through 1732 Druid Hill Avenue; thence binding on last said division line, North 43°-58'-00" West 102 feet, more or less, to the northwest outline of said property known as No. 1732 Druid Hill Avenue; thence binding on part of the northwest outline of last said property, Northeasterly 14 feet, more or less, to the rear outline of the property known as No. 1734 Druid Hill Avenue; thence binding on part of the rear outline of last said property, Northerly 11 feet, more or less, to intersect the centerline of an alley laid out in the rear of the properties known as Nos. 1734 through 1742 Druid Hill Avenue; thence binding on the centerline of last said alley, Northwesterly 95 feet, more or less, to intersect the centerline of Laurens Street; thence binding on the centerline of Laurens Street, Northeasterly 243 feet, more or less, to intersect the centerline of Stoddard Alley; thence binding on the centerline of Stoddard Alley, Southeasterly 792 feet, more or less, to intersect the centerline of McMechen Street, and thence binding on the centerline of McMechen Street, Northeasterly 163 feet, more or less, to the place of beginning. *History: Ord. 85-489* *History: Ord. 90-491* *History: Ord. 15-408* #### § 11-18 Washington Hill District. Balt., Md., Code art. 6, § 11-18 (2026) The area located within the boundaries set forth in this section is hereby declared to be the Washington Hill Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the centerline of Chapel Street, 26 feet wide, and the centerline of Lombard Street, 60 feet wide, and running thence binding on the centerline of said Lombard Street, crossing Wolfe Street, Durham Street, Ann Street and Regester Street, Westerly 1,142 feet, more or less, to intersect the centerline of Broadway, 130.8 feet wide; thence binding on the centerline of said Broadway, Southerly 418 feet, more or less, to intersect the centerline of Pratt Street, 60 feet wide; thence binding on the centerline of said Pratt Street, Westerly 296 feet, more or less, to intersect the center line of Bethel Street, 20 feet wide; thence binding on the centerline of said Bethel Street. Northerly 413 feet, more or less, to intersect the centerline of Lombard Street, 49.5 feet wide; thence binding on the centerline of last said Lombard Street, crossing Caroline Street, Spring Street and Eden Street, Westerly 1,393 feet, more or less, to intersect the west side of Central Avenue, 110 feet wide; thence binding on the west side of said Central Avenue, crossing Watson Street and Baltimore Street, Northerly 900 feet, more or less, to intersect the centerline of Fayette Street, 100 feet wide; thence binding on the centerline of said Fayette Street, Easterly 420 feet, more or less, to intersect the line of east outline of the property known as No. 1401 E. Fayette Street, if projected northerly; thence binding in part reversely on said line, so projected, in part on the east outline of said property, and in all, Southerly 155 feet, more or less, to intersect the north outline of the property known as No. 1400 E. Fairmount Avenue; thence binding on the north outline of last said property, the five following courses and distances; namely, Westerly 17 feet, more or less, Northerly 58 feet, more or less, Westerly 10 feet, more or less, Southerly 93 feet, more or less, and Westerly 14 feet, more or less, to the west outline of last said property; thence binding in part on the west outline of last said property, in part on the line of the west outline of last said property, and in all, Southerly 108 feet, more or less, to intersect the centerline of Fairmount Avenue, as now laid out; thence binding on the centerline of said Fairmount Avenue, crossing Spring Street, Easterly 260 feet, more or less, to intersect the line of the centerline of an alley, 4 feet wide, laid out in the rear of the properties known as No. 28 through No. 38 N. Caroline Street, if projected southerly; thence binding in part reversely on last said line, so projected, in part on the centerline of said alley, and in all, Northerly 98 feet, more or less, to intersect the line of the north outline of said property known as No. 38 N. Caroline Street, if projected westerly; thence binding in part reversely on last said line, so projected, in part on the north outline of last said property, in part on the line of the north outline of last said property, if projected easterly, and in all, Easterly 102 feet, more or less, to intersect the centerline of Caroline Street, 80 feet wide, thence binding on the centerline of said Caroline Street, Northerly 75 feet, more or less, to intersect the line of the north outline of the property known as No. 29/43 N. Caroline Street, if projected westerly; thence binding in part reversely on last said line, so projected, in part on said north outline of last said property, and in all, Easterly 112 feet, more or less, to intersect the west outline of the property known as No. 112 N. Dallas Street; thence binding on the west outline of last said property, Northerly 13 feet, more or less, to the north outline of last said property; thence binding in part on the north outline of last said property, in part on the line of the north outline of last said property, if projected easterly, and in all, Easterly 95 feet, more or less, to intersect the centerline of Dallas Street, as now laid out; thence binding on the centerline of said Dallas Street, Southerly 150 feet, more or less, to intersect the centerline of said Fairmount Avenue; thence binding on the centerline of said Fairmount Avenue, Easterly 196 feet, more or less, to intersect the centerline of Bond Street, 70 feet wide; thence binding on the centerline of said Bond Street, Southerly 355 feet, more or less, to intersect the centerline of said Baltimore Street, 70 feet wide; thence binding on the centerline of said Baltimore Street, Easterly 247 feet, more or less, to intersect the centerline of said Bethel Street; thence binding on the centerline of said Bethel Street, Northerly 170 feet, more or less, to intersect the centerline of an alley, 20 feet wide, laid out 125 feet, north of said Baltimore Street; thence binding in part on the centerline of last said alley, in part on the line of the centerline of last said alley, if projected easterly, and in all, Easterly 295 feet, more or less, to intersect the center line of Broadway, as now laid out; thence binding on the centerline of last said Broadway, crossing Fairmount Avenue, Northerly 702 feet, more or less, to intersect the centerline of Fayette Street, 70 feet wide; thence binding on the centerline of last said Fayette Street, Easterly 589 feet, more or less, to intersect the centerline of Ann Street, 70 feet wide; thence binding on the centerline of said Ann Street, crossing Fairmount Avenue, Southerly 876 feet, more or less, to intersect the centerline of said Baltimore Street; thence binding on the centerline of said Baltimore Street, Easterly 154 feet, more or less, to intersect the centerline of Durham Street, 20 feet wide; thence binding on the centerline of said Durham Street, Northerly 145 feet, more or less, to intersect the centerline of an alley, 20 feet wide, laid out 100 feet north of said Baltimore Street; thence binding in part on the centerline of last said alley, in part on the line of the centerline of last said alley, if projected easterly, and in all, Easterly 184 feet, more or less, to intersect the centerline of Wolfe Street, 60 feet wide; thence binding on the centerline of said Wolfe Street, Southerly 145 feet, more or less, to intersect the centerline of said Baltimore Street; thence binding on the centerline of said Baltimore Street, Easterly 181 feet, more or less, to intersect the centerline of Chapel Street, 20 feet wide, and thence binding in part on the centerline of last said Chapel Street, in part on the centerline of Chapel Street, 26 feet wide, and in all, Southerly 419 feet, more of less, to the place of beginning. *History: Ord. 87-1082* *History: Ord. 03-630* *History: Ord. 15-408* #### § 11-19 Mount Washington District. Balt., Md., Code art. 6, § 11-19 (2026) The area located within the boundaries set forth in this section is hereby declared to be the Mount Washington Historical and Architectural Preservation District: Dixon Hill: Beginning for the same at the point formed by the intersection of the northern boundary line of Baltimore City as established in 1918 and the centerline of Smith Avenue, 45 feet wide, and running thence binding on the centerline of said Smith Avenue, crossing Kenway Road, Southeasterly 560 feet, more or less, to intersect the line of the northwest outline of the property known as No. 6101 Smith Avenue, if projected southwesterly; thence binding in part reversely on said line so projected, in part on the northwest outline of said property, and in all, Northeasterly 219 feet, more or less; thence binding in part on the northeast outline of said property, in part on the line of the northeast outline of said property if projected southeasterly, in part on the northeast outline of the property known as No. 6019 Smith Avenue, and in all, Southeasterly 217 feet, more or less; thence binding in part on the southeast outline of last said property, in part on the line of the southeast outline of last said property, if projected southwesterly, and in all, Southwesterly 203 feet, more or less, to intersect the centerline of Smith Avenue; thence binding on the centerline of Smith Avenue, crossing Terrace Road, Thornbury Road and Regent Road, Southeasterly 1607 feet, more or less, to intersect the centerline of Greely Road, 50 feet wide; thence binding on the centerline of said Greely Road, Southeasterly 280 feet, more or less, to intersect the centerline of Western Run; thence binding on the centerline of said Western Run, the two following courses and distances; namely, Westerly 455 feet, more or less, and Southwesterly 110 feet, more or less, to intersect the northeast side of Lochlea Road, 30 feet wide; thence binding on the northeast side of said Lochlea Road, Northwesterly 20 feet, more or less, to the east outline of the property known as No. 5801 Lochlea Road; thence binding on the east outline of last said property, Northerly 125 feet, more or less; thence binding in part on the northwest and northeast outlines of the properties known as Nos. 5801 through and including 5815 Lochlea Road, in part on the line of the northeast outline of the property known as No. 5815 Lochlea Road, if projected Northwesterly, and in all, by a line curving to the right, crossing Fairbank Road, Northwesterly 389 feet, more or less, to intersect the northwest side of Fairbank Road, 30 feet wide; thence binding on the northwest side of said Fairbank Road, Northeasterly 120 feet, more or less, to intersect the southwest side of Regent Road, 30 feet wide; thence binding on the southwest side of said Regent Road, Northwesterly 92 feet, more or less, to intersect the line of the southeast outline of the property known as No. 1712 Regent Road, if projected southwesterly; thence binding in part reversely on last said line so projected, in part on the southeast outline of last said property, and in all, crossing Regent Road, Northeasterly 160 feet, more or less; thence binding in part on the northeast outline of last said property in part on the northeast outline of the property known as No. 1801 Thornbury Road, and in all, Northwesterly 348 feet, more or less; thence binding on a southeast outline of last said property, Northeasterly 25 feet, more or less, to intersect the south side of Thornbury Road, 30 feet wide; thence binding on the south side of said Thornbury Road, Westerly 255 feet, more or less, to the east outline of the property known as No. 1809 Thornbury Road; thence binding on the east outline of last said property, Southerly 218 feet, more or less; thence binding on the southwest outline of last said property, Northwesterly 190 feet, more or less, to intersect the southeast side of said Thornbury Road; thence binding on the southeast side of said Thornbury Road, Southwesterly 188 feet, more or less, to the northeast outline of the property known as No. 1815 Thornbury Road; thence binding on the northeast and east outlines of last said property the two following courses and distances; namely, Southeasterly 130 feet, more or less, and Southerly 272 feet, more or less; thence binding in part on the southwest outline of last said property, in part on the southwest outline of the property known as No. 1901 Dixon Road, and in all, Northwesterly 349 feet, more or less; thence by a straight line, Southwesterly 261 feet, more or less, to the southeast corner of Lot 1 of Block 4652-e; thence binding in part on the southwest outline of Lot 1 of Block 4652-e, in part on the southwest outline of the property known as No. 6104 Maywood Avenue, and in all, Northwesterly 488 feet, more or less; thence binding on the west outlines of the properties known as Nos. 6104 through and including 6112 Maywood Avenue, Lot 27 of Block 4652-e, No. 6211 Gernand Road and No. 1810 Walnut Road, and crossing Gernand Road, Northerly 1450 feet, more or less; thence binding on the southwest outline of the property known as No. 1804 Walnut Road, Northwesterly 140 feet, more or less, to intersect said northern boundary line of Baltimore City; thence binding on said northern boundary line of Baltimore, due east 630 feet, more or less, to intersect the northwest outline of the property known as No. 6202 Smith Avenue; thence binding on the northwest and southwest outlines of last said property the two following courses and distances; namely, Southwesterly 36 feet, more or less, and Southeasterly 75 feet, more or less; thence binding in part on the southeast outline of last said property, in part on the line of the southeast outline of last said property, if projected northeasterly and in all, Northeasterly 130 feet, more or less, to intersect said northern boundary line of Baltimore City, and thence binding on said northern boundary line of Baltimore City, due east 20 feet, more or less, to intersect the centerline of said Smith Avenue, at the place of beginning. South Road: Beginning for the same at the point formed by the intersection of the south side of Kelly Avenue, 66 feet wide and the northwest side of Sulgrave Avenue, 50 feet wide, and running thence binding on the south side of said Kelly Avenue, crossing Sulgrave Avenue, Easterly 80 feet, more or less, to the southeast side of said Sulgrave Avenue; thence binding on the southwest side of said Kelly Avenue the two following courses and distances; namely, Southeasterly 218.6 feet and Southeasterly by a line curving to the left with a radius of 294.17 feet the distance of 87.2 feet; thence binding on the southwest side of Kelly Avenue, varying in width, Southeasterly 52.6 feet to intersect the northwest side of South Road, 30 feet wide; thence by a straight line crossing said South Road, Southeasterly 30 feet, more or less, to the northeast outline of the property known as No. 1703 South Road; thence binding on the northeast and southeast outlines of said property the two following courses and distances; namely, Southeasterly 466 feet, more or less, and Southwesterly 200 feet, more or less, to intersect the northeast outline of the property known as No. 1705/1707 South Road; thence binding on the northeast, south and east outlines of last said property the three following courses and distances; namely, Southeasterly 84 feet, more or less, Westerly 44 feet, more or less, and Southerly 97 feet, more or less, to intersect the north outline of the property known as No. 1708 W. Rogers Avenue; thence binding on the north and northwest outlines of last said property in a generally southwesterly direction 1,686 feet, more or less, to intersect the northeast side of Wildwood Lane, 30 feet wide; thence binding on the northeast side of said Wildwood Lane, Southeasterly 169 feet, more or less, to intersect the line of the southeast outline of the property known as No. 5602 Wildwood Lane, if projected northeasterly; thence binding in part reversely on said line so projected, in part on the southeast outline of last said property, and in all, crossing Wildwood Lane, Southwesterly 229 feet, more or less; thence binding on the northeast, southeast and southwest outlines of last said property, the three following courses and distances; namely, Southeasterly 14 feet, more or less, Southwesterly 75 feet, more or less, and Northwesterly 62 feet, more or less; thence binding on the northwest outline of the properties known as Nos. 2008, 2010 and 2012 W. Rogers Avenue, Southwesterly 177 feet, more or less; thence binding on the west outline of the property known as No. 2012 W. Rogers Avenue, Southerly 221 feet, more or less, to intersect the northeast side of Carterdale Road, 50 feet wide; thence binding on the northeast side of said Carterdale Road, Northwesterly by a line curving to the right 625 feet, more or less, to intersect the east side of South Bend Road; thence binding on the east side of said South Bend Road, in a generally northerly direction, 412 feet, more or less; thence crossing South Bend Road and South Road, Northerly 60 feet, more or less, to the west outline of the property known as No. 2100 South Road; thence binding on the west outline of last said property, Northerly 421 feet, more or less, to intersect the southeast side of said Sulgrave Avenue; thence binding on the southeast side of said Sulgrave Avenue, Northeasterly 150 feet, more or less, to intersect the line of the southwest outline of the property known as No. 2010 Sulgrave Avenue, if projected Southeasterly; thence binding in part reversely on last said line so projected, in part on the southwest outline of last said property, in part on the southwest outline of the property adjoining No. 2010 Sulgrave Avenue on the northwest, and in all, crossing Sulgrave Avenue, Northwesterly 472 feet, more or less; thence binding in part on the northwest outline of last said property, in part on the northwest outline of the property known as No. 2006 Sulgrave Avenue, and in all, Northeasterly 264 feet, more or less; thence binding on the northeast outline of last said property, Southeasterly 9 feet, more or less; thence binding on the northwest and northeast outlines of the property known as No. 2002 Sulgrave Avenue, the two following courses and distances; namely, Northeasterly 200 feet, more or less, and Southeasterly 19 feet, more or less; thence binding on the northwest outlines of the properties known as No. 1918 through and including No. 1904 Sulgrave Avenue, Northeasterly 504 feet, more or less; thence binding on the northeast outline of the property known as No. 1904 Sulgrave Avenue, Southeasterly 40 feet, more or less; thence binding on the south and east outlines of the property known as No. 1901 Kelly Avenue, the two following courses and distances; namely, Easterly 44 feet, more or less, and Northerly 61 feet, more or less, to intersect the south side of Kelly Avenue; thence binding on the south and southeast sides of last said Kelly Avenue, crossing Lochlea Road, the two following courses and distances; namely, Easterly by a line curving to the left with a radius of 551.99 feet the distance of 474.8 feet, more or less, and Northeasterly 242 feet, more or less, and thence binding on the south side of Kelly Avenue, 66 feet wide, Easterly 379 feet, more or less, to Sulgrave Avenue at the place of beginning. *History: Ord. 88-086* *History: Ord. 15-408* #### § 11-20 Bancroft Park District. Balt., Md., Code art. 6, § 11-20 (2026) The area located within the boundaries set forth in this section is hereby declared to be a Historical and Architectural Preservation District and may be referred to as the Bancroft Park Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the southeast side of Bancroft Road, 60 feet wide, and the southeast side of Cross Country Boulevard, 50 feet wide, and running thence binding on the southeast side of said Cross Country Boulevard, Northeasterly 69 feet, more or less; thence binding on the northeast outline of No. 3207 Bancroft Road, Southeasterly 259.6 feet, more or less; thence binding on the southeast outlines of Nos. 3207 thru 3301 Bancroft Road, Southwesterly 490 feet, more or less, to a bend in the southeast outline of No. 3301 Bancroft Road; thence binding in part on the southeast outlines on Nos. 3301 thru 3315 Bancroft Road, in part on the northwest outline of No. 6313 Wirt Avenue, in part by a straight line crossing Wirt Avenue, 50 feet wide, in part on the southeast outline of No. 6318 Wirt Avenue, and in all, Southwesterly 1,078 feet, more or less; thence binding on the southwest outlines of Nos. 6318 and 6320 Wirt Avenue and No. 3415 Bancroft Road, Northwesterly 493 feet, more or less; thence binding on the southeast outlines of Nos. 3415 thru 3505 Bancroft Road, Southwesterly 296 feet, more or less; thence binding on the southwest outline of No. 3505 Bancroft Road, Northwesterly 240 feet, more or less, to intersect the southeast side of said Bancroft Road; thence binding on the southeast side of said Bancroft Road, Southwesterly 94 feet, more or less, to intersect the line of the southwest outline of No. 3506 Bancroft Road, if projected southeasterly; thence binding in part reversely on said line so projected, in part on the southwest outline of No. 3506 Bancroft Road, and in all, Northwesterly 310 feet, more or less; thence binding on the northwest outlines of Nos. 3506 and 3500 Bancroft Road, Northeasterly 328 feet, more or less, to intersect the southwest side of Wallis Avenue, 10 feet wide; thence binding on the southwest side of said Wallis Avenue, Southeasterly 40 feet, more or less, to intersect the northwest outline of No. 3418 Bancroft Road, if projected southwesterly; thence binding in part reversely on last said line so projected, in part on the northwest outlines of Nos. 3418 And 3414 Bancroft Road, and in all, Northeasterly 264 feet, more or less; thence binding on the north outline of No. 3414 Bancroft Road, Easterly 67 feet, more or less, to intersect the southwest outline of No. 3410 Bancroft Road; thence binding on the southwest outline of No. 3410 Bancroft Road, Northwesterly 249 feet, more or less; thence binding on the north outlines of Nos. 3410 thru 3314 Bancroft Road, Easterly 764 feet, more or less; thence binding on the west and north outlines of No. 3314 Bancroft Road the five following courses and distances; namely, Northerly 60 feet, more or less, Easterly 75 feet, more or less, Northerly 15 feet, more or less, Easterly 5 feet, more or less, and Northerly 125 feet, more or less, to intersect the southeast side of said Cross Country Boulevard and thence binding on the southeast side of said Cross Country Boulevard, Northeasterly 369 feet, more or less, to the place of beginning. *History: Ord. 93-168* *History: Ord. 15-408* #### § 11-21 Mill Hill Deck of Cards Block District. Balt., Md., Code art. 6, § 11-21 (2026) The area located within the boundaries set forth in this section is declared to be the Mill Hill Deck of Cards Block Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the centerline of Brunswick Street, 66 feet wide, and the centerline of Wilkens Avenue, 100 feet wide, and running thence binding on the centerline of said Wilkens Avenue, northeasterly 815.5 feet, more or less, to intersect the centerline of Millington Avenue, 33 feet wide; thence binding on the centerline of said Millington Avenue, southeasterly 130.5 feet, more or less, to intersect the line of the north side of a 10 foot alley laid out in the rear of the properties known as No. 2601 through No. 2699 Wilkens Avenue, if projected northeasterly; thence binding in part reversely on said line so projected, in part on the north side of said 10 foot alley, in part on the line of the north side of said 10 foot alley, if projected southwesterly, and in all, southwesterly 805.5 feet, more or less, to intersect the centerline of said Brunswick Street and thence binding on the centerline of said Brunswick Street, northwesterly 130.0 feet, more or less, to the place of beginning. *History: Ord. 97-128* *History: Ord. 15-408* #### § 11-22 Franklintown District. Balt., Md., Code art. 6, § 11-22 (2026) The area located within the following boundaries is declared to be the Franklintown Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the southeast side of Forest Park Avenue and the centerline of Carmine Avenue, and running thence binding on the centerline of Carmine Avenue, Southeasterly 1240 feet, more or less, to the northeast outline of the property known as No. 1813 Beechwood Avenue; thence binding on the northeast outline of No. 1813 Beechwood Avenue, Southeasterly 265 feet, more or less; thence binding on the southeast outline of the properties known as Nos. 1813 and 1807 Beechwood Avenue and No. 5000 Division Street and the line of the southeast outline of No. 5000 Division Street, if projected southwesterly crossing Division Street and Franklintown Road, Southwesterly 950 feet, more or less, to the southwest outline of the property known as Lot 2 of Ward 28 Section 5 Block 7900-G; thence binding on the southwest outline of last said property the six following courses and distances: namely, Northwesterly 665 feet, more or less, Southerly 171 feet, more or less, Southwesterly 116 feet, more or less, Northwesterly 99 feet, more or less, Northwesterly 132 feet, more or less, and Northwesterly 211 feet, more or less, to the Western Boundary Line of Baltimore City; thence binding on the Western Boundary line of Baltimore City, Northerly 1550 feet, more or less, to the southwest side of a 15 foot path laid out 95 feet northeast of Powhattan Street; thence binding on the southwest side of said path and on the line of the southwest side of said path, if projected southeasterly, Southeasterly 145 feet, more or less, to intersect the line of the southeast side of Vinewood Place, if projected southwesterly; thence binding reversely on the line of the southeast side of Vinewood Place, so projected, and on the southeast side of Vinewood Place, Northeasterly 70 feet, more or less, to the northeast outline of the property known as No. 1815 Vinewood Place; thence binding on the northeast outline of the properties known as No. 1815 Vinewood Place and No. 1814 N. Forest Park Avenue and on the line of the northeast outline of the property known as No. 1814 N. Forest Park Avenue, if projected southeasterly, Southeasterly 330 feet, more or less, to intersect the southeast side of Forest Park Avenue and thence binding on the southeast side of Forest Park Avenue, Northeasterly 358 feet, more or less, to the place of beginning. *History: Ord. 99-404* *History: Ord. 15-408* #### § 11-23 Railroad District. Balt., Md., Code art. 6, § 11-23 (2026) The properties known as 902-920 and 905-915 Lemmon Street are declared to be the Railroad Historic District. *History: Ord. 00-108* *History: Ord. 03-486* *History: Ord. 15-408* #### § 11-24 Ten Hills District. Balt., Md., Code art. 6, § 11-24 (2026) The area located within the following boundaries is declared to be the Ten Hills Historic District: Beginning for the same at the point formed by the intersection of the south side of Edmondson Avenue and the east outline of the property known as No. 531 Nottingham Road, and running thence binding on the east outline of No. 531 Nottingham Road, Southerly 200 feet, more or less, to intersect the north outline of the property known as No. 529 Nottingham Road; thence binding on the north outline of No. 529 Nottingham Road, Easterly 100 feet, more or less, to the rear of the property known as No. 529 Nottingham Road; thence binding on the rear of the properties known as Nos. 529 and 527 Nottingham Road, Southerly 200 feet, more or less, to the rear of the property known as No. 525 Nottingham Road; thence binding on the rear of the properties known as Nos. 525 through 517 Nottingham Road, Southeasterly 415 feet, more or less, to the rear of the property known as No. 515 Nottingham Road; thence binding on the rear of the properties known as Nos. 515 through 425 Nottingham Road, Southerly 700 feet, more or less, to the southeast outline of the property known as No. 425 Nottingham Road; thence binding on the southeast outline of No. 425 Nottingham Road and the northwest outline of No. 420 Nottingham Road and crossing Nottingham Road, Southwesterly 379 feet, more or less, to the southwest outline of the property known as No. 420 Nottingham Road; thence binding on the southwest outline of No. 420 Nottingham Road, Southeasterly 63 feet, more or less, to the rear of the property known as No. 418 Nottingham Road; thence binding on the rear of the properties known as Nos. 418 through 410 Nottingham Road, Southerly 341 feet, more or less, to the south outline of the property known as No. 405 Old Orchard Road; thence binding on the south outline of No. 405 Old Orchard Road, Westerly 14 feet, more or less, to the rear of the property known as No. 403 Old Orchard Road; thence binding on the rear of the properties known as No. 403 Old Orchard Road and Nos. 407 through 401 N. Chapelgate Lane, Southerly 568 feet, more or less, to the southwest outline of the property known as No. 401 N. Chapelgate Lane; thence binding on the southwest outline of No. 401 N. Chapelgate Lane, Northwesterly 241 feet, more or less, to intersect the east side of N. Chapelgate Lane; thence binding on the east side of N. Chapelgate Lane, Northerly 152 feet, more or less, to intersect the line of the south outline of the property known as No. 404 N. Chapelgate Lane, if projected easterly; thence binding reversely on the line, so projected, and on the south property line of No. 404 N. Chapelgate Lane, Westerly 359 feet, more or less, to the rear of the property known as No. 404 N. Chapelgate Lane; thence binding on the rear of the properties known as Nos. 404 and 406/408 N. Chapelgate Lane, Northerly 123 feet, more or less, to the south outline of the property known as No. 407 Kensington Road; thence binding on the south outline of No. 407 Kensington Road, Westerly 166 feet, more or less, to the rear of the property known as No. 405 Kensington Road; thence binding on the rear outlines of the properties known as Nos. 405 through 401 Kensington Road and Nos. 400 through 406 Drury Lane in a generally Westerly direction 732 feet, more or less, to the southeast side of Hazelbury Lane; thence crossing Hazelbury Lane and binding on the rear of the properties known as Nos. 408 through 416 Drury Lane, Northwesterly 510 feet, more or less, to intersect the south outline of the property known as No. 5101 Brook Green Road; thence binding on the south outline of No. 5101 Brook Green Road, Westerly 75 feet, more or less, to the east outline of the property known as No. 5109 Brook Green Road; thence binding on the east outline of No. 5109 Brook Green Road, Southerly 121 feet, more or less, to the rear of the property known as No. 5109 Brook Green Road; thence binding on the rear of the properties known as Nos. 5109 through 5115 Brook Green Road, Southwesterly 335 feet, more or less, to the southwest outline of the property known as No. 5115 Brook Green Road; thence binding on the southwest outline of No. 5115 Brook Green Road and the rear of the properties known as Nos. 500 through 522 Stamford Road and the southwest outline of No. 5115 Edmondson Avenue, Northwesterly 1385 feet, more or less, to intersect the southeast side of Edmondson Avenue; thence binding on the southeast side of Edmondson Avenue, Southwesterly 483 feet, more or less, to the northeast side of Rock Glen Road; thence by a straight line crossing Edmondson Avenue, Northerly 269 feet, more or less, to the point formed by the intersection of the northwest side of Edmondson Avenue and the southeast side of Greenwich Avenue; thence binding on the northwest side of Edmondson Avenue, Northeasterly 1689 feet, more or less, to the southwest outline of the property known as No. 5018 Edmondson Avenue; thence binding on the southwest outline of No. 5018 Edmondson Avenue, Northwesterly 137 feet, more or less, to the rear of the property known as No. 5018 Edmondson Avenue; thence binding on the rear of the properties known as Nos. 5018 through 5012 Edmondson Avenue, Northeasterly 204 feet, more or less, to the southwest outline of the property known as No. 5010 Edmondson Avenue; thence binding on the southwest outline of No. 5010 Edmondson Avenue, Northwesterly 91 feet, more or less, to intersect the southeast side of Baltimore National Pike; thence binding on the southeast side of Baltimore National Pike, Easterly 187 feet, more or less, to the northeast outline of the property known as No. 5004 Edmondson Avenue; thence binding on the northeast outline of No. 5004 Edmondson Avenue, Southeasterly 136 feet, more or less, to intersect the northwest side of Edmondson Avenue; thence binding on the northwest side of Edmondson Avenue, Northeasterly 313 feet, more or less; thence by a straight line crossing Edmondson Avenue, Easterly 229 feet, more or less, to the point formed by the intersection of the south side of Edmondson Avenue and the west outline of the property known as No. 522 Old Orchard Road, and thence binding on the south side of Edmondson Avenue, Easterly 649 feet, more or less, to the place of beginning. *History: Ord. 01-183* *History: Ord. 15-408* #### § 11-25 Perlman Place District. Balt., Md., Code art. 6, § 11-25 (2026) The 1900 block of Perlman Place, comprising the properties known as 1901-1979 Perlman Place and 1900-1958 Perlman Place, is declared to be the Perlman Place Historic District. *History: Ord. 02-425* *History: Ord. 15-408* #### § 11-26 Jonestown District. Balt., Md., Code art. 6, § 11-26 (2026) The area located within the following boundaries is declared to be the Jonestown Historic District. Beginning for the same at the point formed by the intersection of the west side of Central Avenue and the south side of a 3-foot alley laid out in the rear of the properties known as Nos. 1251 through 1265 E. Fayette Street, the point of beginning being distant southerly 83 feet, more or less, measured along the west side of Central Avenue from the south side of Fayette Street, and running thence binding on the west side of Central Avenue, Southerly 478 feet, more or less, to the north side of Watson Street; thence binding on the north side of Watson Street, Southwesterly 85 feet, more or less, to the west side of a 15-foot alley, there situate; thence binding on the west side of the 15-foot alley, Northerly 118.5 feet, more or less, to the north side of another alley, varying in width; thence binding on the north side of last said alley, Northeasterly 53 feet, more or less, to the east outline of the property known as No. 1155 E. Baltimore Street; thence binding on the east outline of the property known as No. 1155 E. Baltimore Street, Northerly 72 feet, more or less, to intersect the south side of Baltimore Street; thence binding on the south side of Baltimore Street, Southwesterly 363 feet, more or less, to the east outline of the property known as No. 1107 E. Baltimore Street; thence binding in part on the east outline of the property known as No. 1107 E. Baltimore Street, in part on the line of the east outline of the property known as No. 1107 E. Baltimore Street, and in all, Southeasterly 183.5 feet, more or less, to intersect the centerline of Watson Street; thence binding on the centerline of Watson Street, Northeasterly 135 feet, more or less, to intersect the line of the easternmost outline of the property known as No. 15 Lloyd Street; thence binding in part on the line of the easternmost outline of No. 15 Lloyd Street, in part on the easternmost outline of No. 15 Lloyd Street, and in all, Southeasterly 125 feet, more or less, to the south outline of No. 15 Lloyd Street; thence binding on the south and east outlines of No. 15 Lloyd Street the 6 following courses and distances; namely, Southwesterly 105 feet, more or less, Northwesterly 35 feet, more or less, Southwesterly 61 feet, more or less, Southeasterly 15 feet, more or less, Southwesterly 24 feet, more or less and Southeasterly 75 feet, more or less, to intersect the north side of Lombard Street; thence binding on the north side of Lombard Street, Southwesterly 125 feet, more or less, to intersect the centerline of Lloyd Street; thence binding on the centerline of Lloyd Street, Northwesterly 213 feet, more or less, to intersect the centerline of Watson Street; thence binding on the centerline of Watson Street, Southwesterly 387 feet, more or less, to intersect the line of the east outline of the property known as Lot 10 of Ward 3 Section 3 Block 1361; thence binding in part on the line of the east outline of Lot 10, in part on the east outline of Lot 10, and in all, Northwesterly 74 feet, more or less; thence binding on the north outline of Lot 10, Westerly 15 feet, more or less, to intersect the east side of Exeter Street; thence binding on the east side of Exeter Street, Northwesterly 105 feet, more or less, to intersect the south side of Baltimore Street; thence binding on the south side of Baltimore Street, Southwesterly 142 feet, more or less, to intersect the east outline of the property known as No. 921 E. Baltimore Street; thence binding on the east outline of No. 921 E. Baltimore Street, Southeasterly 84 feet, more or less; thence binding on the south outline of No. 921 E. Baltimore Street, Westerly 20 feet, more or less, to the west outline of the property known as No. 916 Watson Street; thence binding on the west outline of No. 916 Watson Street, Southeasterly 11.5 feet, more or less, to the north outline of the property known as No. 914 Watson Street; thence binding on the north outlines of the properties known as Nos. 914 and 912 Watson Street, Southwesterly 26 feet, more or less, to the west outline of the property known as No. 912 Watson Street; thence binding in part on the west outline of No. 912 Watson Street, in part on the line of the west outline of No. 912 Watson Street, and in all, Southeasterly 87 feet, more or less, to intersect the centerline of Watson Street; thence binding on the centerline of Watson Street, Southwesterly 150 feet, more or less, to intersect the centerline of High Street; thence binding on the centerline of High Street, Northwesterly 136 feet, more or less, to intersect the centerline of Plowman Street; thence binding on the centerline of Plowman Street, Southwesterly 186 feet, more or less, to intersect the west side of Albemarle Street; thence binding on the west side of Albemarle Street, Southeasterly 1000 feet, more or less, to intersect the centerline of Pratt Street; thence binding on the centerline of Pratt Street, Southwesterly 94 feet, more or less, to intersect the line of the east outline of the property known as No. 830 E. Pratt Street; thence binding in part on the line of the east outline of No. 830 E. Pratt Street, in part on the east outline of No. 830 E. Pratt Street, and in all, Northwesterly 256 feet, more or less; thence binding on the north outline of No. 830 E. Pratt Street, the 3 following courses and distances; namely, Southwesterly 50 feet, more or less, Northwesterly 84 feet, more or less and Southwesterly 60 feet, more or less, to intersect the east side of President Street; thence binding on the east side of President Street, Northwesterly 107 feet, more or less, thence by a straight line, Northerly 76 feet, more or less, to the point formed by the intersection of the west side of Front Street and the north side of Lombard Street; thence binding on the west side of Front Street, Northwesterly 500 feet, more or less, to intersect the north side of Plowman Street; thence binding on the north side of Plowman Street, Southwesterly 21 feet, more or less, to intersect the east side of President Street; thence binding in part on the east side of President Street, in part on the east side of Fallsway, and in all, Northwesterly 911 feet, more or less, to intersect the south side of Lexington Street; thence binding on the south side of Lexington Street, Northeasterly 206 feet, more or less, to intersect the centerline of Front Street; thence binding on the centerline of Front Street, Southeasterly 450 feet, more or less, to intersect the centerline of Fayette Street; thence binding on the centerline of Fayette Street, Northeasterly 315 feet, more or less, to intersect the centerline of High Street; thence binding on the centerline of High Street, Southeasterly 318 feet, more or less, to intersect the north side of Baltimore Street; thence binding on the north side of Baltimore Street, Easterly 226 feet, more or less, to the west outline of the property known as No. 924/926 E. Baltimore Street; thence binding on the west outline of No. 924/926 E. Baltimore Street, Northwesterly 58 feet, more or less, to the south side of a 3-foot alley laid out in the rear of No. 924/926 E. Baltimore Street; thence binding on the south side of last said 3- foot alley, Northeasterly 41 feet, more or less, to intersect the west side of Exeter Street; thence binding on the west side of Exeter Street, Southeasterly 61 feet, more or less, to intersect the north side of Baltimore Street; thence binding on the north side of Baltimore Street, Northeasterly 345 feet, more or less, to the east side of East Street; thence binding on the east side of East Street, Northwesterly 394 feet, more or less, to intersect the centerline of Fayette Street; thence binding on the centerline of Fayette Street Northeasterly 752 feet, more or less, to intersect the line of the west outline of the property known as No. 1251 E. Fayette Street; thence binding in part on the line of the west outline of No. 1251 E. Fayette Street, in part on the west outline of No. 1251 E. Fayette Street, and in all, Southeasterly 141 feet, more or less, to the south side of the 3-foot alley laid out in the rear of the properties known as Nos. 1251 through 1265 E. Fayette Street, and thence binding on the south side of the 3-foot alley, Northeasterly 114 feet, more or less, to the place of beginning. *History: Ord. 03-489* *History: Ord. 15-408* #### § 11-27 Hunting Ridge District. Balt., Md., Code art. 6, § 11-27 (2026) The area located within the following boundaries is declared to be the Hunting Ridge Historic District. Beginning for Area I at the point formed by the intersection of the north side of Edmondson Avenue and the northeast side of Cooks Lane, and running thence binding on the northeast side of Cooks Lane, Northwesterly 381 feet, more or less, to the northwest side of a 12-foot alley laid out in the rear of the properties known as Nos. 4826 through 4800 Coleherne Road; thence binding on the northwest side of said alley, Northeasterly 576 feet, more or less, to intersect the northeast side of a 12-foot alley laid out in the rear of the properties known as Nos. 623 through 601 Nottingham Road; thence binding on the northeast side of last said alley, Southeasterly 525 feet, more or less, to intersect the line of the north outline of the property known as No. 4716 Edmondson Avenue, if projected westerly; thence binding in part reversely on said line, in part on the north outlines of the properties known as Nos. 4716 through 4706 Edmondson Avenue, and in all, Easterly 390 feet, more or less, to the rear of the property known as No. 601 Brookwood Road; thence binding in part on the rear outlines of the properties known as Nos. 601 through 733 Brookwood Road, in part on the line of the rear outline of No. 733 Brookwood Road, projected northwesterly, and in all, Northwesterly 1536 feet, more or less, to intersect the northwest side of Briarclift Road; thence binding on the northwest and northeast sides of Briarclift Road crossing Winans Way, in a generally Northeasterly direction 2650 feet, more or less, to intersect the line of the rear outline of the property known as No. 807 Glen Allen Drive, if projected northerly; thence binding in part reversely on the line of the rear outline of the property known as No. 807 Glen Allen Drive, in part on the rear outlines of the properties known as Nos. 807 through 701 Glen Allen Drive, and in all, Southerly 1241 feet, more or less, to intersect the north side of Rokeby Road; thence binding on the north side of Rokeby Road, Westerly 41.8 feet, more or less; thence by a straight line, Southwesterly 51 feet, more or less, to the point formed by the intersection of the southwest side of Rokeby Road and the west side of Glen Allen Drive; thence binding on the west side of Glen Allen Drive, Southerly 577 feet, more or less, to intersect the north outline of the property known as No. 4646 Edmondson Avenue; thence binding on the north outline of the property known as No. 4646 Edmondson Avenue, the three following courses and distances; namely, Westerly 225 feet, more or less, Southerly 12 feet, more or less, and Westerly 171 feet, more or less, to intersect the east side of Winans Way; thence binding on the east side of Winans Way, Southerly 200 feet, more or less, to intersect the north side of Edmondson Avenue, and thence binding on the north side of Edmondson Avenue, Westerly 1135 feet, more or less, to the place of beginning. Beginning for Area II at the point formed by the intersection of the east side of Nottingham Road and the southwest outline of the property known as No. 703 Nottingham Road, and running thence binding on the east side of Nottingham Road, Northeasterly by an arc curving to the left with a radius of 40 feet the distance of 29 feet, more or less, to the northeast outline of said property, and thence binding on the northeast, southeast and southwest outlines of the property known as No. 703 Nottingham Road, the three following courses and distances; namely, in a generally Southeast direction 98 feet, more or less, Southwesterly 62 feet, more or less, and in a generally Northwest direction 76 feet, more or less, to the place of beginning. *History: Ord. 03-619* *History: Ord. 15-408* #### § 11-28 Better Waverly District. Balt., Md., Code art. 6, § 11-28 (2026) The area located within the following boundaries is declared to be the Better Waverly Historic District. Beginning for the same at the point formed by the intersection of the centerline of Homestead Street and the line of the northwest outline of the property known as No. 615 Homestead Street, projected, and running thence binding on the centerline of Homestead Street, Southeasterly 50 feet, more or less, to intersect the line of the northwest outline of the property known as No. 610 Homestead Street, projected; thence binding on the line of the northwest outline and on the northwest outline of No. 610 Homestead Street, Northeasterly 125 feet, more or less, to the rear of the property known as No. 610 Homestead Street; thence binding on the rear of the properties known as Nos. 610 through 712 Homestead Street, and crossing Frisby Street, Southeasterly 410 feet, more or less, to the northwest outline of the property known as No. 716 Homestead Street; thence binding on the northwest outline and the line of the northwest outline of No. 716 Homestead Street, projected, Southwesterly 125 feet, more or less, to intersect the centerline of Homestead Street; thence binding on the centerline of Homestead Street, Southeasterly 260 feet, more or less, to intersect the line of the southeast outline of the property known as No. 801 Homestead Street; thence binding on the line of the southeast outline and on the southeast outline of No. 801 Homestead Street, Southwesterly 135 feet, more or less, to intersect the centerline of an alley of variable width laid out in the rear of the properties known as Nos. 713 through 801 Homestead Street; thence binding on the centerline of said alley, Northwesterly 365 feet, more or less, to intersect the line of the southeast outline of the property known as No. 3111 Frisby Street; thence binding on the southeast outline of No. 3111 Frisby Street, Southwesterly 19.4 feet, more or less; thence binding on the southwest outline and the line of the southwest outline of No. 3111 Frisby Street, projected, Northwesterly 100 feet, more or less, to intersect the centerline of Frisby Street; thence binding on the centerline of Frisby Street, Southwesterly 89.5 feet, more or less; thence continuing to bind on the centerline of Frisby Street, Southwesterly 264 feet, more or less, to intersect the line of the southwest outline of the property known as No. 601 E. 31st Street; thence binding on the line of the southwest outline and on the southwest outline of the property known as No. 601 E. 31st Street, Northwesterly 230 feet, more or less, to the northwest outline of No. 601 E. 31st Street; thence binding on the northwest outline of No. 601 E. 31st Street and on the line of the northwest outline of No. 601 E. 31st Street, projected, Northeasterly 137 feet, more or less, to intersect the centerline of 31st Street; thence binding on the centerline of 31st Street, Northwesterly 68 feet, more or less, to intersect the line of the northwest outline of the property known as No. 614 E. 31st Street, projected; thence binding on the line of the northwest outline and on the northwest outline of No. 614 E. 31st Street, Northeasterly 133 feet, more or less, to the rear outline of the property known as No. 605 Montpelier Street; thence binding on the rear outline of Nos. 605 and 603 Montpelier Street, Northwesterly 78 feet, more or less, to the northwest outline of No. 603 Montpelier Street; thence binding on the northwest outline and the line of the northwest outline of the property known as No. 603 Montpelier Street, Northeasterly 67 feet, more or less, to intersect the centerline of Montpelier Street; thence binding on the centerline of Montpelier Street, Southeasterly 159 feet, more or less, to intersect the line of the southeast outline of the property known as No. 500 Montpelier Street, projected; thence binding on the line of the southeast outline and the southeast outline of No. 500 Montpelier Street, Northeasterly 71 feet, more or less, to intersect the rear outline of the property known as No. 613 Homestead Street; thence binding on the rear outline of No. 613 Homestead Street, Southeasterly 15 feet, more or less, to the northwest outline of the property known as No. 615 Homestead Street, and thence binding on the northwest outline and the line of the northwest outline of No. 615 Homestead Street, Northeasterly 162 feet, more or less, to the place of beginning. *History: Ord. 04-654* *History: Ord. 15-408* #### § 11-29 Barclay Greenmount District. Balt., Md., Code art. 6, § 11-29 (2026) The area located within the following boundaries is declared to be the Barclay Greenmount Historic District. Beginning for the same at the point formed by the intersection of the centerline of 22nd Street and the centerline of Greenmount Avenue, and running thence binding on the centerline of Greenmount Avenue, Southerly 123 feet, more or less, to intersect the line of the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 441 through 451 E. 22nd Street, if projected easterly; thence binding in part reversely on said line, so projected, in part on the centerline of said 10 foot alley, and in all, Westerly 116 feet, more or less, to intersect the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 2120 through 2124 Greenmount Avenue; thence binding in part on the centerline of last said 10 foot alley, in part on the line of the centerline of last said 10 foot alley, if projected southerly, and in all, Southerly 60 feet, more or less, to intersect the centerline of 21 ½ Street; thence binding on the centerline of 21 ½ Street, Westerly 220 feet, more or less, to intersect the line of the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 2117 through 2121 Barclay Street, if projected southerly; thence binding in part reversely on last said line, so projected, in part on the centerline of last said 10 foot alley, and in all, Northerly 60 feet, more or less, to intersect the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 401 through 411 E. 22nd Street; thence binding in part on the centerline of last said 10 foot alley, in part on the line of the centerline of last said 10 foot alley, if projected westerly, and in all, Westerly 123 feet, more or less, to intersect the centerline of Barclay Street; thence binding on the centerline of Barclay Street, Northerly 241 feet, more or less, to intersect the line of the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 400 through 410 E. 22nd Street, if projected westerly; thence binding in part reversely on last said line, so projected, in part on the centerline of last said 10 foot alley, and in all, Easterly 118 feet, more or less, to intersect the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 2201 through 2207 Barclay Street; thence binding in part on the centerline of last said 10 foot alley, in part on the line of the centerline of last said 10 foot alley, if projected northerly, and in all, Northerly 71 feet, more or less, to intersect the centerline of 22 ½ Street; thence binding on the centerline of 22 ½ Street, Easterly 232 feet, more or less, to intersect the line of the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 2200 through 2206 Greenmount Avenue, if projected northerly; thence binding in part reversely on last said line, so projected, in part on the centerline of last said 10 foot alley, and in all, Southerly 71 feet, more or less, to intersect the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 442 through 452 E. 22nd Street; thence binding on the centerline of last said 10 foot alley, Easterly 88 feet, more or less, to intersect the west side of Greenmount Avenue; thence by a straight line crossing Greenmount Avenue, Easterly 76 feet, more or less, to the southwest corner of a 3 story stone building known as No. 2209 Greenmount Avenue, there situate; thence binding on the south and part of the east side of said building, the two following courses and distances; namely, Easterly 17 feet, more or less, and Northerly 6 feet, more or less; thence by straight lines through the property now or formerly owned by St. Anns Roman Catholic Church, the two following courses and distances; namely, Easterly 78 feet, more or less, and Northerly 11 feet, more or less, to intersect the line of the centerline of a 10 foot alley, laid out in the rear of the properties known as Nos. 530 through 544 E. 22nd Street, if projected westerly; thence binding in part reversely on last said line, so projected, in part on the centerline of last said 10 foot alley, and in all, Easterly 258 feet, more or less, to intersect the centerline of Boone Street; thence binding on the centerline of Boone Street, Southerly 128 feet, more or less, to intersect the centerline of 22nd Street, and thence binding on the centerline of 22nd Street, Westerly 406 feet, more or less, to the place of beginning. *History: Ord. 04-812* *History: Ord. 15-408* #### § 11-30 Auchentoroly Terrace District. Balt., Md., Code art. 6, § 11-30 (2026) The area located within the following boundaries is declared to be the Auchentoroly Terrace Historic District. Beginning for the same at the point formed by the intersection of the southwest side of Auchentoroly Terrace and the southeast outline of the property known as No. 2001 Liberty Heights Avenue, and running thence binding on the southwest side of Auchentoroly Terrace, Southeasterly 1547 feet, more or less, crossing Gwynns Falls Parkway, Bryant Avenue, Whittier Avenue and Orem Avenue, to intersect the northwest outline of the property known as No. 3024 Auchentoroly Terrace West; thence binding on the northwest outline of said property, Northeasterly 7 feet, more or less, to intersect the southwest side of said Auchentoroly Terrace West; thence binding on the southwest side of Auchentoroly Terrace West, Southeasterly 867 feet, more or less, crossing Ruskin Avenue, Edgemont Avenue and Avalon Avenue to intersect the centerline of Fulton Avenue; thence binding on the centerline of Fulton Avenue, Southwesterly 86 feet, more or less, to intersect the line of the centerline of a 10 foot alley, laid out in the rear of the properties known as Nos. 2700 through 3084 Auchentoroly Terrace West, if projected southeasterly; thence binding in part reversely on said line, so projected, in part on the centerline of said 10 foot alley, and in all, Northwesterly 905 feet, more or less, crossing Avalon Avenue, Edgemont Avenue and Ruskin Avenue to intersect the centerline of Orem Avenue; thence binding on the centerline of Orem Avenue, Southwesterly 74 feet, more or less, to intersect the line of the centerline of a 20 foot alley, laid out in the rear of the properties known as Nos. 3100 through 3454 Auchentoroly Terrace, if projected northwesterly; thence binding in part reversely on last said line so projected, in part on the centerline of said 20 foot alley, Northwesterly 1479, more or less, and in all, crossing Whittier Avenue, Bryant Avenue and Gwynns Fall Parkway to intersect the southeast outline of the property known as No. 2001 Liberty Heights Avenue, and thence binding on the southeast outline of No. 2001 Liberty Heights Avenue, Northeasterly 86 feet, more or less, to the place of beginning. *History: Ord. 04-815* *History: Ord. 15-408* #### § 11-31 Oldtown Mall Local District. Balt., Md., Code art. 6, § 11-31 (2026) The area located within the following boundaries is declared to be the Oldtown Mall Local Historic District. Beginning for the same at the point formed by the intersection of the centerline of Monument Street and the centerline of Aisquith Street, and running thence binding on the centerline of Aisquith Street, Southerly 399.0 feet, more or less, to intersect the centerline of McElderry Street; thence binding on the centerline of McElderry Street, the two following courses and distances; namely, Westerly 72.0 feet, more or less, and Southwesterly 451.0 feet, more or less, to intersect the line of the southwest outline of the property known as No. 521 Oldtown Mall, if projected southeasterly; thence binding in part reversely on said line, so projected, in part on the southwest outline of said property, and in all, Northwesterly 145.0 feet, more or less, to intersect the southwest side of Oldtown Mall; thence crossing Oldtown Mall, Northwesterly 49.5 feet, more or less, to intersect the southwest outline of the property known as No. 516/516 ½ Oldtown Mall; thence binding in part on the southwest outline of last said property, in part on the line of the southwest outline of last said property, if projected northwesterly, and in all, Northwesterly 119.0 feet, more or less, to intersect the centerline of Flatiron Alley; thence binding on the centerline of Flatiron Alley, the two following courses and distances; namely, Northeasterly 571.0 feet, more or less, and Northerly 96.0 feet, more or less, to intersect the centerline of Monument Street, and thence binding on the centerline of Monument Street, Easterly 188.0 feet, more or less, to the place of beginning. *History: Ord. 04-888* *History: Ord. 15-408* #### § 11-32 Fells Point District. Balt., Md., Code art. 6, § 11-32 (2026) (a) The area located within the following boundaries is declared to be the Fells Point Historic District. Beginning for the same at the point formed by the intersection of the centerline of Bethel Street and the centerline of Pratt Street, and running thence binding on the centerline of Pratt Street, Easterly 459.3 feet, more or less, to the line of the centerline of a 10 foot alley, laid out in the rear of the properties known as Nos. 201 through 207 S. Broadway, if projected northerly; thence binding in part reversely on the line of the centerline of said 10 foot alley, so projected, in part on the centerline of said 10 foot alley, and in all, Southerly 104 feet, more or less, to the southernmost extremity of said 10 foot alley; thence binding on the southernmost extremity of said 10 foot alley, Easterly 5.0 feet, more or less, to the east outline of the property known as No. 209 S. Broadway; thence binding on the east outline of No. 209 S. Broadway, Southerly 14 feet, more or less, to the north outline of the property known as No. 211/217 S. Broadway; thence binding on the north and east outlines of No. 211/217 S. Broadway, the eight following courses and distances; namely, Easterly 22.2 feet, more or less, Southerly 8.2 feet, more or less, Easterly 39.3 feet, more or less, Southerly 5.0 feet, more or less, Easterly 29.7 feet, more or less, Southerly 46.5 feet, more or less, Westerly 5.0 feet, more or less and Southerly 18.3 feet, more or less, to the north outline of the property known as No. 219 S. Broadway; thence binding on the north and east outlines of No. 219 S. Broadway the two following courses and distances; namely, Easterly 5.0 feet, more or less and Southerly 49.3 feet, more or less, to the north outline of the property known as No. 225 S. Broadway; thence binding on the north outline of No. 225 S. Broadway, Easterly 60.0 feet, more or less, to the west side of Regester Street; thence binding on the west side of Regester Street, Southerly 28.0 feet, more or less, to the north side of a 4 foot alley, contiguous to the south outline of the property known as No. 225 S. Broadway; thence binding on the north side of said 4 foot alley, Westerly 60.0 feet, more or less, to the east outline of the property known as No. 227 S. Broadway; thence binding in part on the east outline of the property known as No. 227 S. Broadway, in part on the westernmost extremity of a 4 foot alley contiguous to the south outline of the property known as No. 227 S. Broadway, and in all, Southerly 30.0 feet, more or less, to the south side of last said 4 foot alley; thence binding on the south side of last said 4 foot alley, Easterly 60.0 feet, more or less, to the west side of Regester Street; thence binding on the west side of Regester Street, Southerly 13.0 feet, more or less, to the north outline of the property known as No. 229 S. Broadway; thence binding on the north, east and south outlines of No. 229 S. Broadway, the three following courses and distances; namely, Westerly 60.0 feet, more or less, Southerly 35.0 feet, more or less and Westerly 8.3 feet, more or less, to the east outline of the property known as No. 233 S. Broadway; thence binding on the east and south outlines of No. 233 S. Broadway, the two following courses and distances; namely, Southerly 26.5 feet, more or less and Westerly 24.2 feet, more or less, to the east outline of the property known as No. 235 S. Broadway; thence binding on the east and south outlines of No. 235 S. Broadway, the two following courses and distances; namely, Southerly 13.3 feet, more or less and Westerly 1.0 foot, more or less, to the east outline of the property known as No. 237 S. Broadway; thence binding on the east and south outlines of No. 237 S. Broadway, the two following courses and distances; namely, Southerly 13.3 feet, more or less and Westerly 18.0 feet, more or less, to the southeast outline of the property known as No. 239 S. Broadway; thence binding on the southeast and east outlines of Nos. 239 through 245 S. Broadway, the two following courses and distances; namely, Southwesterly 77.0 feet, more or less and Southerly 4.0 feet, more or less, to the north outline of the property known as No. 247 S. Broadway; thence binding on the north outline of No. 247 S. Broadway, Easterly 7.0 feet, more or less, to the east outline of No. 247 S. Broadway; thence binding in part on the east outline of Nos. 247 through 251/253 S. Broadway, in part on the line of the east outline of Nos. 247 through 251/253 S. Broadway, if projected southerly, and in all, Southerly 113.8 feet, more or less, to the centerline of Gough Street; thence binding on the centerline of Gough Street, Easterly 69.7 feet, more or less, to the line of the west outline of the property known as No. 1713 Gough Street, if projected northerly; thence binding in part reversely on the line of west outline of No. 1713 Gough Street, so projected, in part on the west outline of No. 1713 Gough Street, in part on the west outline of the properties known as Nos. 304 through 318/320 Regester Street, and in all, Southerly 235.0 feet, more or less, to the south outline of the property known as No. 318/320 Regester Street; thence binding on the south outline of No. 318/320 Regester Street, Easterly 60.0 feet, more or less, to the west side of Regester Street; thence binding on the west side of Regester Street, Southerly 15.8 feet, more or less, to the north outline of the property known as No. 1730/1732 Bank Street; thence binding on the north and west outlines of No. 1730/1732 Bank Street, and the line of the west outline of No. 1730/1732 Bank Street, if projected southerly, the six following courses and distances, namely, Westerly 24.6 feet, more or less, Northerly 0.9 foot, more or less, Westerly 4.1 feet, more or less, Northerly 4.1 feet, more or less, Westerly 8.7 feet, more or less and Southerly 124.0 feet, more or less, to the centerline of Bank Street; thence binding on the centerline of Bank Street, Westerly 117.3 feet, more or less, to the line of the west outline of the property known as No. 1705 Bank Street, if projected northerly; thence binding reversely in part on the line of the west outline of No. 1705 Bank Street, so projected, in part on the west outline of No. 1705 Bank Street, and in all, Southerly 95.0 feet, more or less, to the south outline of the properties known as No. 1705 and No. 1707 Bank Street; thence binding on the south outlines of No. 1705 and No. 1707 Bank Street, Easterly 36.0 feet, more or less, to the west outline of the property known as No. 1709 Bank Street; thence binding on the west outline of No. 1709 Bank Street, Southerly 25.0 feet, more or less, to the south outlines of the properties known as Nos. 1709 through 1713 Bank Street and No. 402 S. Regester Street; thence binding on the south outlines of Nos. 1709 through 1713 Bank Street and No. 402 S. Regester Street, Easterly 116.0 feet, more or less, to the west side of Regester Street; thence binding on the west side of Regester Street, Southerly 20.0 feet, more or less, to the north outline of the property known as No. 406 S. Regester Street; thence binding on the north outline of No. 406 S. Regester Street, Westerly 113.4 feet, more or less, to the west outline of the property known as No. 406 S. Regester Street; thence binding on the west outline of No. 406 S. Regester Street, Southerly 15.0 feet, more or less, to the north outline of No. 411 Griffin Court; thence binding in part on the north outline of No. 411 Griffin Court, in part on the northernmost extremity of Griffin Court, and in all, Westerly 11.5 feet, more or less, to the centerline of Griffin Court; thence binding on the centerline of Griffin Court, Southerly 108.7 feet, more or less, to the line of the centerline of a 3 foot alley, laid out in the rear of the properties known as Nos. 1704 through 1718 Eastern Avenue, if projected westerly; thence binding reversely in part on the line of the centerline of said 3 foot alley, so projected, in part on the centerline of said 3 foot alley, in part on the line of the centerline of said 3 foot alley, if projected easterly, and in all, Easterly 133.7 feet, more or less, to the centerline of Regester Street; thence binding on the centerline of Regester Street, Northerly 43.0 feet, more or less, to the line of the centerline of Portugal Street, if projected westerly; thence binding reversely in part on the line of the centerline of Portugal Street, so projected, in part on the centerline of Portugal Street, in part on the line of the centerline of Portugal Street, if projected easterly, and in all, Easterly 279.0 feet, more or less, to the centerline of Ann Street; thence binding on the centerline of Ann Street, Southerly 52.0 feet, more or less, to the line of north outline of the properties known as Nos. 1800 through 1810 Eastern Avenue, if projected westerly; thence binding reversely in part on the line of the north outline of Nos. 1800 through 1810 Eastern Avenue, so projected, in part on the north outline of Nos. 1800 through 1810 Eastern Avenue, in part on the line of the north outline of Nos. 1800 through 1810 Eastern Avenue, if projected easterly, and in all, Easterly 188.0 feet, more or less, to the centerline of Durham Street; thence binding on the centerline of Durham Street, Southerly 17.0 feet, more or less, to the line of the centerline of a 3 foot alley, laid out in the rear of the property known as No. 1818 Eastern Avenue, if projected westerly; thence binding reversely in part on the line of the centerline said 3 foot alley, so projected, in part on the centerline of said 3 foot alley, and in all, Easterly 60.0 feet, more or less, to the easternmost extremity of said 3 foot alley, and the west outline of the property known as No. 426 Wolfe Street; thence binding on the west outline of No. 426 Wolfe Street, Southerly 4.5 feet, more or less, to the north outline of the properties known as Nos. 1826 and 1828 Eastern Avenue; thence binding on the north outline of Nos. 1826 and 1828 Eastern Avenue, Easterly 24.0 feet, more or less, to the west outline of the property known as No. 1830 Eastern Avenue; thence binding on the west outline of No. 1830 Eastern Avenue, Northerly 17.0 feet, more or less, to the north outline of the property known as No. 1830 Eastern Avenue; thence binding in part on the north outline of No. 1830 Eastern Avenue, in part on the northernmost extremity of a 3 foot alley, contiguous to the east outline of No. 1830 Eastern Avenue, and in all, Easterly 15.5 feet, more or less, to the centerline of said 3 foot alley; thence binding on the centerline of said 3 foot alley, Southerly 59.0 feet, more or less, to the north side of Eastern Avenue; thence binding on the north side of Eastern Avenue, Easterly 71.5 feet, more or less, to the centerline of Wolfe Street; thence binding on the centerline of Wolfe Street, Northerly 120.0 feet, more or less, to the line of the north outline of the properties known as No. 417 Wolfe Street and No. 1902/1904 Eastern Avenue and the north side of a 3 foot alley, laid out in the rear of the properties known as Nos. 1902/1904 through 1908 Eastern Avenue, if projected westerly; thence binding reversely in part on the line of the north outline of Nos. 1902/1904 through 1908 Eastern Avenue, and the north side of said 3 foot alley, so projected, in part on the north outline of Nos. 1902/1904 through 1908 Eastern Avenue, and the north side of said 3 foot alley, and in part on the line of the north side of said 3 foot alley, if projected easterly, and in all, Easterly 180.0 feet, more or less, to the centerline of Chapel Street; thence binding on the centerline of Chapel Street, Southerly 5.0 feet, more or less, to the line of the centerline of Portugal Street, if projected westerly; thence binding reversely in part on the line of the centerline of Portugal Street, in part on the centerline of Portugal Street, in part on the line of the centerline of Portugal Street, if projected easterly, and in all, Easterly 186.0 feet, more or less, to the centerline of Washington Street; thence binding on the centerline of Washington Street, Northerly 5.0 feet, more or less, to the line of the centerline of Portugal Street, if projected westerly; thence binding reversely in part on the line of the centerline of Portugal Street, so projected, in part on the centerline of Portugal Street, in part on the line of the centerline of Portugal Street, if projected easterly, and in all, Easterly 264.7 feet, more or less, to the centerline of Castle Street; thence binding on the centerline of Castle Street, Southerly 153.0 feet, more or less, to the centerline of Eastern Avenue; thence binding on the centerline of Eastern Avenue, Easterly 231.6 feet, more or less, to the centerline of Chester Street; thence binding on the centerline of Chester Street, Southerly 405.2 feet, more or less, to the line of the south side of Fleet Street, if projected easterly; thence binding reversely on the line of the south side of Fleet Street, so projected, Westerly 12.5 feet, more or less, to the centerline of Chester Street; thence binding on the centerline of Chester Street, Southerly 859.2 feet, more or less, to the Combined Bulkhead and Pierhead Line of the Northwest Branch of the Patapsco River; thence binding on the Combined Bulkhead and Pierhead Line of the Northwest Branch of the Patapsco River, the six following courses and distances; namely, Westerly 138.0 feet, more or less, Southerly 1,080.4 feet, more or less, Southwesterly 345.0 feet, more or less, Northwesterly 1,194.6 feet, more or less, Southwesterly 1,022.6 feet, more or less and Southwesterly 450.4 feet, more or less, to the line of the centerline of Thames Street, if projected southerly; thence binding reversely in part on the line of the centerline of Thames Street, so projected, in part on the centerline of Thames Street, and in all, the two following courses and distances; namely, Northerly 472.4 feet, more or less, and Northeasterly 59.0 feet, more or less, to the line of the southwest outline of the property known as No. 1404/1410 Thames Street, if projected southeasterly; thence binding reversely in part on the line of No. 1404/1410 Thames Street, so projected, in part on the southwest outline of No. 1404/1410 Thames Street, and in all, Northwesterly 69.1 feet, more or less, to the south outline of No. 1404/1410 Thames Street; thence binding on the south and west outlines of No. 1404/1410 Thames Street, and the line of the west outline of No. 1404/1410 Thames Street, if projected northerly, the four following courses and distances; namely, Westerly 20.1 feet, more or less, Northerly 39.3 feet, more or less, Easterly 19.4 feet, more or less and Northerly 67.9 feet, more or less, to the centerline of Block Street; thence binding on the centerline of Block Street, Easterly 112.3 feet, more or less; thence at a right angle to the centerline of Block Street, Northerly 20.0 feet, more or less, to the centerline of Caroline Street; thence binding on the centerline of Caroline Street, the two following courses and distances; namely, Northwesterly 440.0 feet, more or less, and Northerly 560.4 feet, more or less, to the line of the south outline of the property known as No. 1429 Aliceanna Street, if projected easterly; thence binding reversely in part on the line of the south outline of No. 1429 Aliceanna Street, so projected, in part on the south outline of No. 1429 Aliceanna Street, in part on the line of the south outline of No. 1429 Aliceanna Street, if projected westerly, and in all, Westerly 220.0 feet, more or less, to the centerline of Spring Street; thence binding on the centerline of Spring Street, Northerly 377.0 feet, more or less, to the line of the centerline of a 10 foot alley, laid out in the rear of the property known as No. 1407 Fleet Street, if projected easterly; thence binding reversely in part on the line of the centerline of said 10 foot alley, so projected, in part on the centerline of said 10 foot alley, and in all, Westerly 112.0 feet, more or less, to the westernmost extremity of said 10 foot alley, and the west outline of the property known as No. 1407 Fleet Street; thence binding on the west outline of No. 1407 Fleet Street, Northerly 45.0 feet, more or less, to the division line between as Parcel “A’ and Parcel “B’ of the property known as No. 1401/1405 Fleet Street; thence binding in part on the division line between Parcel “A’ and Parcel “B’ of No. 1401/1405 Fleet Street, in part on the line of the said division line between Parcel “A and “B” of No. 1401/1405 Fleet Street, if projected westerly, and in all, Westerly 103.5 feet, more or less, to the centerline of Eden Street; thence binding on the centerline of Eden Street, Northerly 137.0 feet, more or less, to the centerline of Fleet Street; thence binding on the centerline of Fleet Street, Easterly 311.0 feet, more or less, to the line of the centerline of a 10 foot alley contiguous to the west side of the property known as No. 1434/1442 Fleet Street, if projected southerly; thence binding reversely in part on the line of the centerline of said 10 foot alley, so projected, in part on the centerline of said 10 foot alley, and in all, Northerly 182.0 feet, more or less, to the centerline of Duker Alley; thence binding in part on the centerline of Duker Alley, in part on the line of the centerline of Duker Alley, if projected easterly, and in all, Easterly 125.0 feet, more or less, to the centerline of Caroline Street; thence binding on the centerline of Caroline Street, Northerly 565.8 feet, more or less, to the centerline of Bank Street; thence binding on the centerline of Bank Street, Easterly 645.8 feet, more or less, to the line of the centerline of Bethel Street; if projected southerly; thence binding reversely in part on the line of the centerline of Bethel Street, so projected, in part on the centerline of Bethel Street, and in all, Northerly 964.9 feet, more or less, to the centerline of Pratt Street at the place of beginning. (b) The Commission for Historical and Architectural Preservation shall review plans for Planned Unit Developments in the Fells Point Historic District as follows: (1) For all Planned Unit Developments (PUDs) established prior to the designation of this district, the height and massing guidelines in the PUD shall govern future development. The Commission for Historical and Architectural Preservation (CHAP) shall review and approve the building design within the prior approved massing. CHAP’s approval is required prior to Planning Commission Final Design Approval. (2) For any building within an established PUD that has already received Final Design Approval by the Planning Commission, that building is not subject to CHAP approval. (3) All major amendments to existing PUDs are subject to CHAP approval. (4) All revised Final Design Approvals are subject to CHAP approval. (5) If a new PUD is established within the Fells Point Local Historic District, the new PUD shall be subject to CHAP approval. *History: Ord. 07-555* *History: Ord. 15-408* #### § 11-33 Wyndhurst District. Balt., Md., Code art. 6, § 11-33 (2026) The area located within the following boundaries is declared to be the Wyndhurst Historic District. Beginning for Area #1 at the point formed by the intersection of the west side of Charles Street, and the north side of Wyndhurst Avenue, and running thence binding on the north side of Wyndhurst Avenue, Westerly 943.5 feet, more or less, to the west outline of the property known as No. 200 Wyndhurst Avenue; thence binding on the west outline of No. 200 Wyndhurst Avenue, the west outline of the property known as No. 5000 Boxhill Lane, and the line of the west outline of No. 5000 Boxhill Lane, if projected northerly, and in all, Northerly 207.0 feet, more or less, to the centerline of a 14 foot alley laid out in the rear of the properties known as Nos. 202 through 206 Wyndhurst Avenue, and contiguous to the north outline of the property known as No. 5000 Boxhill Lane; thence binding on the centerline of said 14 foot alley, Westerly 57.4 feet, more or less, to the line of the centerline of a 14 foot alley, if projected southerly, laid out in the rear of the properties known as Nos. 5001 through 5009 Blythewood Road; thence binding reversely on the line of the centerline of said 14 foot alley, so projected, on the centerline of said 14 foot alley, and in all, Northerly 68.0 feet, more or less, to the line of the north outline of the property known as No. 5001 Blythewood Road, if projected easterly; thence binding reversely on the line of the north outline of No. 5001 Blythewood Road, so projected, on the north outline of No. 5001 Blythewood Road, and the line of the north outline of No. 5001 Blythewood Road, if projected westerly, and in all, Westerly 182.0 feet, more or less, to the centerline of Blythewood Road; thence binding on the centerline of Blythewood Road, Southerly 48.0 feet, more or less, to the line of the centerline of a 14 foot alley, if projected easterly, laid out in the rear of the properties known as Nos. 300 through 304 Wyndhurst Avenue; thence binding reversely on the line of the centerline of said 14 foot alley, so projected, on the centerline of said 14 foot alley, and in all, Westerly 182.4 feet, more or less, to the line of the centerline of a 14 foot alley, if projected southerly, laid out in the rear of the properties known as Nos. 5002 and 5006 Blythewood Road; thence binding reversely on the line of last said 14 foot alley, so projected, and on the centerline of last said 14 foot alley, and in all, Northerly 139.5 feet, more or less, to the line of the north outline of the property known as No. 5006 Blythewood Road, if projected westerly; thence binding reversely on the line of the north outline of No. 5006 Blythewood Road, so projected, on the north outline of No. 5006 Blythewood Road, and on the line of the north outline of No. 5006 Blythewood Road, if projected easterly, and in all, Easterly 182.0 feet, more or less, to the centerline of Blythewood Road; thence binding on the centerline of Blythewood Road, Northerly 140.0 feet, more or less, to the south outline of the property known as No. 5114 N. Charles Street; thence binding on the south and southeast outline of No. 5114 N. Charles Street the two following courses and distances; namely, Easterly 181.5 feet, more or less, and Northeasterly 229 feet, more or less, to the east side of Boxhill Lane; thence binding on the east side of Boxhill Lane, Southerly 60.3 feet, more or less, to the north outline of the property known as N0. 5011 Boxhill Lane; thence binding on the north outline of No. 5011 Boxhill Lane, and the line of the north outline of No. 5011 Boxhill Lane, if projected easterly, and in all, Easterly 157.0 feet, more or less, to the centerline of a 14 foot alley, laid out in the rear of the properties known as Nos. 5002 through 5014 Greenleaf Road; thence binding on the centerline of said 14 foot alley, Southerly 270.0 feet, more or less, to the line of the north outline of the property known as No. 5002 Greenleaf Road, if projected westerly; thence binding reversely on the line of the north outline of No. 5002 Greenleaf Road, so projected, on the north outline of No. 5002 Greenleaf Road, on the line of the north outline of No. 5002 Greenleaf Road, if projected easterly, and in all, Easterly 182.3 feet, more or less, to the centerline of Greenleaf Road; thence binding on the centerline of Greenleaf Road, Northerly 42.0 feet, more or less, to the line of the north outline of the property known as No. 5003 Greenleaf Road, if projected westerly; thence binding reversely on the line of the north outline of No. 5003 Greenleaf Road, so projected, on the north outline of No. 5003 Greenleaf Road, on the line of the north outline of No. 5003 Greenleaf Road, if projected easterly, and in all, Easterly 232.0 feet, more or less, to the centerline of a 14 foot alley, laid out in the rear of the properties known as Nos. 5003 through 5015 Greenleaf Road and contiguous to the east outline of the property known as No. 4 Wyndhurst Avenue; thence binding on the centerline of said 14 foot alley, Southerly 28.0 feet, more or less, to the line of the north outline of the property known as No. 2 Wyndhurst Avenue, if projected westerly; thence binding reversely on the line of the north outline of No. 2 Wyndhurst Avenue, so projected, and on the north outline of No. 2 Wyndhurst Avenue, and in all, Easterly 207.0 feet, more or less, to the west side of Charles Street, and thence binding on the west side of Charles Street, Southerly 365.6 feet, more or less, to the place of beginning. Beginning for Area #2 at the point formed by the intersection of the centerline of Summit Avenue, and the line of the centerline of a 14 foot alley, if projected easterly, laid out in the rear of the properties known as Nos. 721 through 733 Colorado Avenue, and running thence binding reversely on the line of the centerline of said 14 foot alley, so projected, on the centerline of said 14 foot alley, on the line of the centerline of said 14 foot alley, if projected westerly, and in all, Westerly 460.2 feet, more or less, to the centerline of Church Lane, laid out in the rear of the properties known as Nos. 5101 through 5129 Roland Avenue; thence binding on the centerline of Church Lane, Northerly 317.3 feet, more or less, to the line of the centerline of a 14 foot alley, if projected westerly, laid out in the rear of the properties known as Nos. 702 through 728 Colorado Avenue; thence binding reversely on the line of the centerline of said 14 foot alley, so projected, on the centerline of said 14 foot alley, and on the line of the centerline of said 14 foot alley, if projected easterly, and in all, Easterly 457.5 feet, more or less, to the centerline of Summit Avenue, and thence binding on the centerline of Summit Avenue, Southerly 312.0 feet, more or less, to the place of beginning. *History: Ord. 07-585* *History: Ord. 15-408* #### § 11-34 Sharp Leadenhall District. Balt., Md., Code art. 6, § 11-34 (2026) The area located within the following boundaries is declared to be the Sharp Leadenhall Historic District. Beginning at the intersection of South Hanover Street and West Henrietta Street; thence from said point of beginning and binding on the street centerline of South Hanover Street southerly approximately 812 feet to intersect West Cross Street; thence binding on West Cross Street southwesterly approximately 292 feet to the intersection with South Race Street; continuing on West Cross Street approximately 273 feet northwesterly to the extension of the eastern property line of Block 0947 Lot 005; thence binding on said property line southwesterly approximately 97 feet to the southeast corner of said property; thence binding on the southern boundary line of said property approximately 119 feet to the street centerline of Leadenhall Street; thence binding on the street centerline of Leadenhall Street northeasterly approximately 494 feet to intersect West Hamburg Street; thence binding on the street centerline of West Hamburg Street approximately 184 feet to the extension of the western property line of Block 0916 Lot 031; thence binding on the western boundary to the northwest corner of said property; connecting to the southwest corner of Block 0916 Lot 101 (crossing the eastern portion of Block 0916 Lot 032); thence binding on the western property lines of Block 0916 Lot 101 and Lot 102 to meet the street centerline of Kuhlman Court; thence binding on the street centerline of Kuhlman Court approximately 64 feet to the extension of the western property line of Block 0916 Lot 112; thence binding on the western boundary of said property to the south side of the 6-foot alley; thence binding on the south side of the 6-foot alley northwesterly approximately 5 Feet, and continuing on same line northeasterly approximately 65 feet to the southwest corner of the property Block 0916 Lot 070A; thence binding on the western boundary of said property approximately 102 feet to meet the street centerline of West Henrietta Street; thence binding on the street centerline of West Henrietta Street approximately 245 feet to the point of beginning. *History: Ord. 10-391* *History: Ord. 15-408* #### § 11-35 Ashburton District. Balt., Md., Code art. 6, § 11-35 (2026) The area located within the following boundaries is declared to be the Ashburton Historic District. Beginning at the intersection of Dolfield Avenue and Belle Avenue; thence from said point of beginning binding on the street centerline of Dolfield Avenue southeasterly approximately 2,235 feet to intersect Hilton Road; then binding on the street centerline of Sequoia Avenue southeasterly approximately 1,216 feet until the road ends at the intersection of Wabash Avenue; continuing in the same southeasterly direction approximately 30 feet to the western property line of Block 3257A, Lot 018; thence binding on said property line southerly approximately 40 feet to the southwest corner of said property; thence binding on the southern property line of said property approximately 180 feet to the northeast corner of Block 3112, Lot 109; continuing southerly approximately 511 feet on the eastern property lines of said property and Block 3112, Lot 110; crossing the street area of the Grantley-Liberty Heights Alley; continuing southerly approximately 1,378 feet along the eastern property line of property Block 3112, Lot 001 and Block 3112, Lot 001A and extending on said property line to the northbound street centerline of Liberty Heights Avenue; thence binding northwesterly on said centerline for approximately 4,205 feet to the intersection with the northbound street centerline of Callaway Avenue; thence binding on said street centerline for approximately 2,803 feet to the intersection with the street centerline of Belle Avenue; continuing east for approximately 565 feet to the point of beginning. *History: Ord. 11-550* *History: Ord. 15-408* #### § 11-36 Federal Hill Local Historic District. Balt., Md., Code art. 6, § 11-36 (2026) The area located within the following boundaries is declared to be the Federal Hill Local Historic District. Beginning at the intersection of West Hughes Street and South Hanover Street; then from the point of beginning binding on the centerline of West Hughes Street easterly for approximately 329 feet, crossing South Charles Street, and continuing on the centerline of East Hughes Street easterly for approximately 533 feet to intersect Light Street; then binding on the centerline of Light Street northerly for approximately 27 feet to intersect the centerline of Key Highway; then binding to the centerline of Key Highway easterly for approximately 1,572 feet to intersect the centerline of Covington Street; then binding on the centerline of Covington Street southerly for approximately 1,154 feet to intersect East Cross Street; then binding westerly on the centerline of East Cross Street for approximately 2,101 feet to the intersection with South Charles Street, then continuing onto West Cross Street for approximately 328 feet to the intersection with South Hanover Street; then binding on the centerline of South Hanover Street for approximately 1,350 feet to the point of beginning. *History: Ord. 17-070* #### § 11-37 Five and Dime Historic District. Balt., Md., Code art. 6, § 11-37 (2026) The area located within the following boundaries is declared to be the Five and Dime Historic District. Beginning at the intersection of Clay Street and Park Avenue; then from the point of beginning binding on the centerline of Clay Street easterly for approximately 316 feet to the west side of North Liberty Street; then binding to the property lines on the west side of North Liberty Street southwesterly for approximately 663 feet to the northwest corner of the intersection with West Fayette Street; then binding to the property lines on the north side of West Fayette Street westerly for approximately 610 feet to the centerline of the 12-foot alley to the rear of the property known as Block 0619 Lot 034; then binding to the centerline of the 12-foot alley northerly to intersect the centerline of Marion Street; then binding to the centerline of Marion Street westerly for approximately 107 feet to the extended property line between the properties known as Block 0619 Lot 015 and Block 0619 Lot 019; then binding to the property line northerly approximately 203 feet to intersect the centerline of West Lexington Street; then binding on the centerline of West Lexington Street easterly for approximately 660 feet to the intersection of Park Avenue; then binding on the centerline of Park Ave northerly 255 feet to the point of beginning. *History: Ord. 18-117* #### § 11-38 Howard Street Commercial Historic District. Balt., Md., Code art. 6, § 11-38 (2026) The area located within the following boundaries is declared to be the Howard Street Commercial Historic District. Beginning at the intersection of West Franklin Street and State Street; then from the point of beginning binding on the centerline of West Franklin Street easterly for approximately 607 feet to intersect the centerline of Park Avenue; then binding on the centerline of Park Avenue southerly approximately 360 feet to intersect the centerline of West Mulberry Street; then binding to the centerline of West Mulberry Street westerly for approximately 605 feet to the centerline of State Street; then binding on the centerline of State Street northerly for approximately 360 feet to the point of beginning. *History: Ord. 18-118* #### § 11-39 Woodberry Historic District. Balt., Md., Code art. 6, § 11-39 (2026) (a) The area located within the following boundaries is declared to be the Woodberry Historic District. Beginning at the intersection of Malden Avenue and Rockrose Avenue; thence binding easterly on the street centerline of Rockrose Avenue to the intersection with the street centerline of Parkdale Avenue; thence binding northerly on Parkdale Avenue 160 feet to the southern property line of 3724 Parkdale Avenue; thence binding easterly on the property line for 122 feet; thence continuing on the southern property line of 2050 Rockrose Avenue for 197 feet to a corner of 2050 Rockrose Avenue; thence turning south and continuing along the property line of 2050 Rockrose Avenue to the street centerline of Rockrose Avenue; thence continuing easterly on Rockrose Avenue for 275 feet, crossing Hooper Avenue, to the alley to the west of 2018 Rockrose Avenue; thence traveling northerly on the alley to the intersection with the alley to the rear of 2018 Rockrose Avenue; thence traveling easterly along the rear alley to the intersection with Clipper Road; thence turning north on Clipper Road to the line of extension from the rear property line of 3713 Clipper Road; thence binding easterly on the rear property line of 3713 Clipper Road and 3711 Clipper Road to the western property line of the railroad; thence binding southerly along the railroad property line for 213 feet; thence turning east and traveling 200 feet across railroad property and 3575C 068E to the eastern property line of 3575C 068E (to include the building known as 1780 Union Avenue); thence binding southerly on the eastern property line of 3575C 068E to the street centerline of West 41st Street; thence continuing across West 41st Street and following the eastern property lines of 3572 001A, 3572 001, and 3572 028; thence crossing Union Avenue and following the eastern and southern property lines of 3518A 001; thence crossing railroad property westerly to intersect the eastern property line of 3499 001 (Druid Hill Park property); thence binding on the property line of 3499 001 (Druid Hill Park property) for 3,440 feet around the park to the street centerline of Druid Park Drive; thence binding easterly on the street centerline of Druid Park Drive for 305 feet to the extension of the western property boundary of 2174 Druid Park Drive; thence binding northerly on the property line for 133 feet to the centerline of the alley between Druid Park Drive and Girard Avenue; thence binding easterly on the alley for 52 feet to intersect the alley to the rear of 3600-3620 Malden Avenue; thence continuing north on the alley 180 feet to intersect the street centerline of Girard Avenue; thence binding westerly on Girard Avenue for 60 feet to intersect the alley to the rear of 3624-3658 Malden Avenue; thence binding northerly on the alley to the street centerline of Rockrose Avenue; thence binding easterly on Rockrose Avenue to the point of beginning. (b) The Commission for Historical and Architectural Preservation shall review plans for Planned Unit Developments in the Woodberry Historic District as follows: (1) For any Planned Unit Development (“PUD”) established prior to the designation of the Woodberry Historic District, the height and massing guidelines in the PUD shall govern future development. The Commission for Historical and Architectural Preservation (“CHAP”) shall review and approve the building design within the prior approved massing. CHAP’s approval is required prior to Planning Commission Final Design Approval. (2) For any building within an established PUD that has already received Final Design Approval by the Planning Commission, that building is not subject to CHAP approval. (3) All amendments to existing PUDs are subject to CHAP approval. (4) All revised Final Design Approvals are subject to CHAP approval. (5) If a new PUD is established within the Woodberry Historic District, the new PUD shall be subject to CHAP approval. (c) Any building that has received Site Plan Review Committee (“SPRC”) approval on or before October 10, 2018, is not subject to CHAP approval. *History: Ord. 20-387* #### § 11-40 Sarah Ann Street Historic District. Balt., Md., Code art. 6, § 11-40 (2026) The area located within the following boundaries is declared to be the Sarah Ann Street Historic District. Beginning at the intersection of North Carrollton Avenue and Sarah Ann Street; thence binding easterly on the street centerline of Sarah Ann Street for 278 feet to the centerline of the alley east of the property known as 1102 Sarah Ann Street; thence binding northerly on said centerline of alley for 55 feet to the intersection with the centerline of alley to the rear of the property known as 1102 Sarah Ann Street; thence binding westerly on said centerline of alley for 157 feet to the centerline of the alley to the west of the property known as 1124 Sarah Ann Street; then binding northerly on said centerline of alley for 3 feet to the extended property line between properties known as 321 and 323 North Carrollton Avenue; then binding westerly on said property line for 117 feet to the centerline of North Carrollton Avenue; then binding southerly on North Carrollton Avenue to point of beginning. *History: Ord. 23-200* ### Subtitle 12 ### Subtitle 13 – Landmark List – 1970s #### § 13-1 In general. Balt., Md., Code art. 6, § 13-1 (2026) The following structures, having been approved by the Planning Commission, are hereby declared to be historical or architectural landmarks. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-2 City Hall. Balt., Md., Code art. 6, § 13-2 (2026) City Hall, 100 N. Holliday Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the west side of Holliday Street, as now laid out, and the north side of Fayette Street, as now laid out, and running thence binding on the north side of said Fayette Street, Westerly 149 feet, more or less, to intersect the east side of Guilford Avenue, as now laid out; thence binding on the east side of said Guilford Avenue, Northerly 239 feet, more or less, to intersect the south side of Lexington Street, as now laid out; thence binding on the south side of said Lexington Street, Easterly 149 feet more or less, to intersect the aforesaid west side of Holliday Street and thence binding on the west side of said Holliday Street, Southerly 239 feet, more or less, to the place of beginning. The improvements thereon being known as 100 North Holliday Street. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-3 Otterbein Evangelical United Brethren Church. Balt., Md., Code art. 6, § 13-3 (2026) Otterbein Evangelical United Brethren Church, 112 W. Conway Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the north side of Conway Street, as now laid out, and the east outline of the property known as No. 128 W. Conway Street and running thence binding on the east outline of the property known as No. 128 W. Conway Street, Northerly 74.46 feet to intersect the south outline of the property known as No. 319 S. Sharp Street; thence binding in part on the south outline of last said property in part on the southernmost extremity of a 5 foot alley, laid out 82 feet east of Sharp Street, as now laid out, and in all Easterly 52.0 feet to the east side of said 5 foot alley; thence binding on the east side of said 5 foot alley, Northerly 81.0 feet to intersect the south side of Perry Street, as now laid out; thence binding on the south side of said Perry Street, Easterly 36 feet, more or less, to the east outline of the property now or formerly owned by the Otterbein Evangelical United Brethren Church; thence binding on the east outline of last said property, Southerly 55 feet, more or less, to the north outline of last said property; thence binding on the north outlines of last said property, Easterly 90 feet, more or less, to intersect the west outline of the property known as No. 110 W. Conway Street; thence binding on the west outline of last said property, Southerly 100 feet, more or less, to intersect the aforesaid north side of Conway Street and thence binding on the north side of said Conway Street, Westerly 178 feet, more or less, to the place of beginning; the improvements thereon being known as No. 112 W. Conway Street. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-4 McKim Free School. Balt., Md., Code art. 6, § 13-4 (2026) McKim Free School, 1120 E. Baltimore Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the northwest side of Baltimore Street, 70 feet wide, and the southwest side of Aisquith Street, 27 feet wide, said point of beginning being the beginning of the parcel of land conveyed by Ann McKim “Etal” to The Trustees of McKims School by deed dated October 7, 1839 and recorded among the Land Records of Baltimore City in Liber T.K. No. 293 Folio 108 and running thence binding on the southwest side of said Aisquith Street and on part of the first line of said deed, there situate, Northwesterly 119.15 feet to the southwest side of Aisquith Street, varying in width from 27 feet to 40 feet as opened in accordance with Ordinance No. 331 approved July 23, 1913; thence binding on the southwest side of last said Aisquith Street, Northwesterly 51.70 feet to intersect the southeast side of Fairmount Avenue, 30 feet wide; thence binding on the southeast side of said Fairmount Avenue and on part of the second line of said deed, there situate, Southwesterly 26.50 feet to intersect the east side of Aisquith Street, 40 feet wide as opened in accordance with said ordinance; thence binding on the east and northeast sides of last said Aisquith Street the two following courses and distances; namely, Southerly 52.23 feet and Southeasterly 116.77 feet to intersect the aforesaid northwest side of Baltimore Street and thence binding on the northwest side of said Baltimore Street and on part of the last line of said deed, to the end thereof, there situate, Northeasterly 48.0 feet to the place of beginning; the improvements being known as No. 1120 E. Baltimore Street. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-5 First Unitarian Church. Balt., Md., Code art. 6, § 13-5 (2026) First Unitarian Church, 2-12 W. Franklin Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the west side of Charles Street, 66 feet wide, and the north side of Franklin Street, 71 feet wide, and running thence binding on the north side of said Franklin Street, Westerly 105.0 feet to the beginning of the parcel of land conveyed by Emmet W. White to Board of Trustees of the First Unitarian Church of Baltimore, Inc. by deed dated August 7, 1961 and recorded among the Land Records of Baltimore City in Liber J.F.C. No. 1120 Folio 381; thence binding reversely on the last line of said deed, as now surveyed, Northerly 142.19 feet to intersect the south side of Hamilton Street, 40 feet wide; thence binding on the south side of said Hamilton Street, Easterly 105.0 feet to intersect the aforesaid west side of Charles Street and thence binding on the west side of said Charles Street, Southerly 141.92 feet to the place of beginning; the improvements thereon being known as No. 2-12 W. Franklin Street. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-6 Ebenezer African Methodist Episcopal Church. Balt., Md., Code art. 6, § 13-6 (2026) Ebenezer African Methodist Episcopal Church, 18 and 20-30 West Montgomery Street, the property being further described as follows: Beginning for the same at a point on the north side of Montgomery Street, as now laid out, said point of beginning being the beginning of the parcel of land conveyed by Carroll Spence and Wife to the African Methodist Episcopal Ebenezer Church by deed dated April 18, 1892 and recorded among the Land Records of Baltimore City in Liber J.B. No. 1389 Folio 169 and running thence binding on the north side of said Montgomery Street and on the first line of said deed, there situate, Easterly 66 feet; thence binding on part of the second line of said deed, Northerly 91.5 feet, more or less, to intersect the south outline of the property known as No. 13-15 West Hughes Street; thence binding on the south outline of the properties known as Nos. 13-15 through and including 19-23 West Hughes Street, Westerly 66 feet, more or less, to intersect the last line of said deed and thence binding on part of the last line of said deed, to the end thereof, Southerly 91.5 feet, more or less, to the place of beginning; the improvements being known as No. 18 and 20-30 West Montgomery Street. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-7 Peale Museum. Balt., Md., Code art. 6, § 13-7 (2026) Municipal Museum of Baltimore (Peale Museum), 225 N. Holliday Street, the property being further described in a deed by William Thomas Wilson and wife to Mayor and City Council of Baltimore, dated January 8, 1901, and recorded among the land records of Baltimore City in Liber R.O. 1883 Folio 429. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-8 Carroll Mansion Complex. Balt., Md., Code art. 6, § 13-8 (2026) Carroll Mansion Complex, 33 South Front Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the northwest side of Lombard Street and the northeast side of Front Street, and running thence binding on the northeast side of Front Street, Northwesterly 274.5 feet, more or less, to the division line between the properties known as No. 33 S. Front Street and No. 10/20 Albemarle Street; thence binding on said division line, Northeasterly 150.0 feet, more or less, to intersect the southwest side of Albemarle Street; thence binding on the southwest side of Albemarle Street, Southeasterly 275.0 feet, more or less, to intersect the northwest side of Lombard Street, and thence binding on the northwest side of Lombard Street, Southwesterly 151.0 feet, more or less, to the place of beginning. *History: Ord. 71-974* *History: Ord. 02-396* *History: Ord. 15-408* #### § 13-9 Lovely Lane Methodist Church. Balt., Md., Code art. 6, § 13-9 (2026) Lovely Lane Methodist Church, 2200 St. Paul Street, the property being further described in a deed by William W. Spence and wife to Trustees of the Methodist Episcopal Church in the City and Precincts of Baltimore, dated March 2, 1890, and recorded among the land records of Baltimore City in Liber J.B. 1284 Folio 486. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-10 Lloyd Street Synagogue. Balt., Md., Code art. 6, § 13-10 (2026) Lloyd Street Synagogue, 11 Lloyd Street, the property being further described in a deed by Shomre Mishmereth Hakadesh Anshe Wolin Congregation of Baltimore City to Jewish Historical Society of Maryland, Inc., dated February 15, 1963, and recorded among the land records of Baltimore City in Liber J.F.C. 1438 Folio 102. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-11 Bethel A.M.E. Church. Balt., Md., Code art. 6, § 13-11 (2026) Bethel A.M.E. Church, 1300 Druid Hill Avenue, the property being further described as two parcels in a deed by Vestry of St. Peters P.E. Church to African Methodist Bethel Church, dated November 22, 1910, and recorded among the land records of Baltimore City in Liber S.C.L. 2622 Folio 82. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-12 Eutaw Place Baptist Church. Balt., Md., Code art. 6, § 13-12 (2026) Eutaw Place Baptist Church, 327 Dolphin Street, the property being further described in a deed by Hiram Woods and wife to Trustees of Eutaw Place Baptist Church, dated February 20, 1871 and recorded among the land records of Baltimore City in Liber G.R. 514 Folio 163; in a deed by Hiram Woods, Jr. to Trustees of Eutaw Place Baptist Church of Baltimore, dated May 11, 1907, and recorded among the land records of Baltimore City in Liber R.O. 2348, Folio 161; in a deed by Susan L. Littell to Trustees of Eutaw Place Baptist Church of Baltimore, dated April 30, 1907, and recorded among the land records of Baltimore City in Liber R.O. 2336, Folio 117; and in a deed by Safe Deposit and Trust Company of Baltimore, Trustee to Trustees of Eutaw Place Baptist Church of Baltimore, dated July 7, 1914, and recorded among the land records of Baltimore City in Liber S.C.L. 2913, Folio 71. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-13 Eastern Female High School. Balt., Md., Code art. 6, § 13-13 (2026) Eastern Female High School, 249 Aisquith Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the east side of Aisquith Street, as now laid out, and the south side of Orleans Street, as now laid out 66 feet wide, and running thence binding on the south side of said Orleans Street, North 87°-08-00" East 335.63 feet to intersect the west side of Lewis Street, as now laid out 30 feet wide; thence binding on the west side of said Lewis Street, South 02°-52'-00" East 181.02 feet to the south side of Mullikin Street, as laid out 40 feet wide; thence for a new line of division through the property now or formerly owned by the Mayor and City Council of Baltimore and binding on a line drawn parallel with and distant 181.02 feet southerly, measured at right angles from the south side of said Orleans Street, South 87°-08'-00" West 336 feet, more or less, to intersect the aforesaid east side of Aisquith Street and thence binding on the east side of said Aisquith Street, North 02°-45'-40" West 181 feet, more or less, to the place of beginning; the improvements thereon being known as 249 Aisquith Street. *History: Ord. 71-974* *History: Ord. 15-408* #### § 13-14 Belvedere Hotel. Balt., Md., Code art. 6, § 13-14 (2026) Belvedere Hotel, 1 East Chase Street, the property being further described as follows: Beginning for the first thereof, at the corner formed by the intersection of the east side of Charles Street and the south side of Chase Street; and running thence southerly, binding on the east side of Charles Street, one hundred and twenty-nine feet nine and one-half inches to a point distant three hundred and two feet nine and one-half inches northerly from the corner formed by the intersection of the east side of Charles Street and the north side of Eager Street; thence easterly one hundred and eighty-four feet three inches to Lovegrove Alley; thence northerly, binding on Lovegrove Alley, one hundred and twenty-nine feet nine and one-half inches to the south side of Chase Street; thence westerly binding on the south side of Chase Street, one hundred and eighty-four feet three inches to the place of beginning. The improvements thereon being known as No. 1 East Chase Street. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-15 Battle Monument. Balt., Md., Code art. 6, § 13-15 (2026) Battle Monument, Calvert Street, north of Fayette Street, the property being further described as follows: The coordinates of the center point of the Battle Monument being based upon the Baltimore Survey Control System are East 925 feet and South 2,500 feet, said Battle Monument having an even width of 33 feet and an even depth of 33 feet and being located in the park on Calvert Street north of Fayette Street. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-16 St. Paul’s P.E. Church. Balt., Md., Code art. 6, § 13-16 (2026) St. Paul’s P.E. Church, 233 N. Charles Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the east side of N. Charles Street and the south side of E. Saratoga Street and running thence binding on the south side of said E. Saratoga Street, Easterly 147 feet, more or less, to intersect the west side of Lovegrove Street; thence binding on the west side of said Lovegrove Street, Southerly 111 feet, more or less, to the division line between the property being herein described known as No. 233 N. Charles Street and the property adjoining on the south thereof known as No. 221/227 N. Charles Street; thence binding on said division line, Westerly 147 feet, more or less, to the aforesaid east side of N. Charles Street and thence binding on the east side of said N. Charles Street, Northerly 111 feet, more or less to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-17 St. Paul’s P.E. Church Rectory. Balt., Md., Code art. 6, § 13-17 (2026) St. Paul’s P.E. Church Rectory, 24 W. Saratoga St., the property being further described as follows: The coordinates of the center point of the building known as St. Paul’s P. E. Church Rectory and designated as No. 24 W. Saratoga Street being based upon the Baltimore Survey Control System are West 195 feet and South 1,560 feet. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-18 Cylburn House. Balt., Md., Code art. 6, § 13-18 (2026) Cylburn House, being further described as follows: Beginning for the same at the point formed by the intersection of the southeast edge of the first asphalt road, lying southeast of Cylburn Avenue, extending from Greenspring Avenue northeasterly to Cylburn House and a line drawn parallel with and distant 75.0 feet southwesterly, measured at right angles from the southwest face of the two and one-half story stone building, there situate, said point of beginning being approximately 2,150 feet, more or less, measured along the southeast edge of said asphalt road from the northeast side of said Greenspring Avenue and running thence binding on said line so drawn, Northwesterly 630 feet, more or less, to intersect the line of the northwest face of a one story stone addition to a one and one-half story stone building, there situate, if projected southwesterly; thence binding in part reversely on said line so projected, in part on the northwest face of said one story stone addition, in part on the line of the northwest face of said one story stone addition if projected northeasterly and in all Northeasterly 210 feet, more or less, to intersect a line drawn parallel with and distant 75.0 feet northeasterly, measured at right angles from the northeast face of said two and one-half story stone building; thence binding on last said line so drawn, Southeasterly 635 feet, more or less, to intersect a line drawn northeasterly from the place of beginning parallel with the southeast face of said two and one-half story stone building and thence binding reversely on last said line so drawn, Southwesterly 210 feet, more or less, to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-19 Davidge Hall. Balt., Md., Code art. 6, § 13-19 (2026) Davidge Hall, 522 W. Lombard Street, being further described as follows: A building being known as Davidge Hall and designated as No. 522 W. Lombard Street and located in the vicinity of the northeast corner of Greene Street and Lombard Street. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-20 Mt. Clare Station Roundhouse. Balt., Md., Code art. 6, § 13-20 (2026) Mt. Clare Station Roundhouse, being further described as follows: The coordinates of the center point of the Round House in Mt. Clare Station being based upon the Baltimore Survey Control System are West 4,790 feet and South 4,420 feet, said Round House having a radius of 120 feet and located at the southwest corner of Pratt Street and Poppleton Street. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-21 Evergreen House. Balt., Md., Code art. 6, § 13-21 (2026) Evergreen House, 4545 N. Charles Street, being a building known as Evergreen House and designated as No. 4545 N. Charles Street and located north of E. Cold Spring Lane and east of N. Charles Street. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-22 Old Post Office Building. Balt., Md., Code art. 6, § 13-22 (2026) Old Post Office Building, 111 N. Calvert Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the east side of Calvert Street and the south side of Lexington Street and running thence binding on south side of said Lexington Street, Easterly 284 feet, more or less, to intersect the west side of Guilford Avenue; thence binding on the west side of said Guilford Avenue, Southerly 239 feet, more or less, to intersect the north side of Fayette Street; thence binding on the north side of said Fayette Street, Westerly 280 feet, more or less, to intersect the aforesaid east side of Calvert Street and thence binding on the east side of said Calvert Street, Northerly 242 feet, more or less, to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-23 Homewood House. Balt., Md., Code art. 6, § 13-23 (2026) Homewood House, being further described as follows: The coordinates of the center point of the building known as the Homewood House being based upon the Baltimore Survey Control System are West 920 feet and North 11,725 feet and located northwest of the intersection of N. Charles Street and Thirty-Fourth Street. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-24 Certain structures in Druid Hill Park. Balt., Md., Code art. 6, § 13-24 (2026) Fifteen structures in Druid Hill Park, being further described as follows: The coordinates of the center point of five unnamed pavilions, located in Druid Hill Park, based upon the Baltimore Survey Control System are (1) West 9,650 feet and North 8,375 feet, (2) West 9,205 feet and North 8,980 feet, (3) West 8,920 feet and North 9,620 feet, (4) West 7,570 feet and North 8,550 feet and (5) West 6,935 feet and North 8,250 feet and being five of the original Frederick Pavilions. The coordinates of the center point of Latrobe Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 6,130 feet and North 8,205 feet and being one of the original Frederick Pavilions. The coordinates of the center point of Council Grove Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 9,685 feet and North 9,150 feet and being one of the original Frederick Pavilions. The coordinates of the center point of a building known as the Maryland House, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 8,660 feet and North 9,780 feet. The coordinates of the center point of Octagonal Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 7,925 feet and North 10,200 feet and being one of the original Frederick Pavilions. The coordinates of the center point of a building known as the Conservatory, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 8,590 feet and North 7,590 feet. The coordinates of the center point of Chinese Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 7,975 feet and North 6,665 feet being one of the original Frederick Pavilions. The coordinates of the center point of the Chess and Checkers Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 7,417 feet and North 7,320 feet being one of the original Frederick Pavilions. The coordinates of the center point of the archway on the Madison Street entrance to Druid Hill Park based upon the Baltimore Survey Control System are West 6,990 feet and North 6,445 feet. The coordinates of the center point of a building known as the Mansion House, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 8,890 feet and North 9,450 feet. The coordinates of the center point of a building formerly known as the Boat House, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 9,040 feet and North 8,670 feet. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-25 Baltimore Arts Tower (Bromo Seltzer Tower). Balt., Md., Code art. 6, § 13-25 (2026) The Baltimore Arts Tower (Bromo Seltzer): Beginning for the same at the point formed by the intersection of the north side of Lombard Street, as now laid out 66 feet wide, and the east side of Eutaw Street, as now laid out 82.5 feet wide, and running thence binding on the east side of said Eutaw Street, North 02°-40'-10" West 35.00 feet; thence binding on a line drawn parallel with said Lombard Street, North 87°-18'-20" East 35.00 feet; thence binding on a line drawn parallel with said Eutaw Street, South 02°-40'-10" East 35.00 feet to intersect the aforesaid north side of Lombard Street and thence binding on the north side of said Lombard Street, South 87°-18'-20" West 35.00 feet to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-26 Mercantile Safe Deposit and Trust Building. Balt., Md., Code art. 6, § 13-26 (2026) Mercantile Safe Deposit and Trust Building, 202 E. Redwood Street, the property being further described as follows: Beginning for the Second thereof at a point on the east side of Calvert Street, one hundred and thirty-five feet south of the south side of Baltimore Street which point and beginning is also at the southwesternmost corner of the building located at 201 East Baltimore Street known as Mercantile Trust Building; thence southerly binding on the east side of Calvert Street, seventy-two feet, more or less, to the north side of Redwood Street; thence easterly, binding on the north side of Redwood Street, one hundred feet to the west side of an alley there situate; thence northerly, binding on the west side of said alley with the use thereof in common with others, seventy-two feet four and one-half inches to the south side of the aforesaid Mercantile Trust Building; thence westerly, binding along the south side of said Mercantile Trust Building, ninety-eight feet; thence southerly four and one-half inches; thence westerly two feet to the place of beginning. The improvements thereon being known as No. 202 E. Redwood Street. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-27 Star Spangled Banner Flag House. Balt., Md., Code art. 6, § 13-27 (2026) Star Spangled Banner Flag House, 844 E. Pratt Street, the property being further described as follows: Beginning for the same at the corner or intersection of Queen now called Pratt Street and Albermarle Street and running thence binding on Albermarle Street 62 feet to James Brown’s part of said lot thence westerly binding on said Brown’s part and parallel with Queen Street 20 feet to a part of said lot sold to Mauldin Perine deceased thence southeasterly bounding on said Perine’s part and parallel with Albermarle Street 62 feet to Queen Street thence binding on Queen Street 20 feet to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-28 Peabody Institute. Balt., Md., Code art. 6, § 13-28 (2026) Peabody Institute, 1/21 E. Mount Vernon Place, the property being further described as follows: Beginning for the same at the point formed by the intersection of the east side of Washington Place, 150 feet wide, and the south side of Mt. Vernon Place, 200 feet wide, and running thence binding on the south side of said Mt. Vernon Place, Easterly 270 feet, more or less, to the beginning of the first parcel of land conveyed by Guarantee Title Holding Corporation to Peabody Institute of the City of Baltimore by deed dated April 12, 1962 and recorded among the Land Records of Baltimore City in Liber J.F.C. No. 1261, Folio 318; thence binding reversely on the last line of the first parcel of land described in said deed, Southerly 160 feet to the north side of the former bed of Peabody Alley, as condemned and closed in accordance with Ordinance No. 534, approved May 17, 1965; thence binding on the north side of the former bed of said Peabody Alley, Westerly 270 feet, more or less, to intersect the aforesaid east side of Washington Place and thence binding on the east side of said Washington Place, Northerly 160 feet to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-29 Old Town Friends’ Meeting House. Balt., Md., Code art. 6, § 13-29 (2026) Old Town Friends’ Meeting House, 1201 E. Fayette Street, the property being further described as follows: Beginning for the same at a point on the northeast side of Aisquith Street, as now laid out, distant South 19-38-00 East 23.00 feet, measured along the northeast side of said Aisquith Street from the southeast side of Fayette Street, 99 feet wide, and running thence for new lines of division through the property now or formerly owned by the Mayor and City Council of Baltimore the three following courses and distances; namely, parallel with said Fayette Street, North 70-33-45 East 67.00 feet, parallel with said Aisquith Street, South 19-38-00 East 42.00 feet, and parallel with said Fayette Street, South 70-33-45 West 67.00 feet to the aforesaid northeast side of Aisquith Street and thence binding on the northeast side of said Aisquith Street, North 19-38-00 West 42.00 feet to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-30 Mother Seton House. Balt., Md., Code art. 6, § 13-30 (2026) Mother Seton House, 600 N. Paca Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the west side of Paca Street, 66 feet wide, and the northernmost side of a brick wall with iron fence to the Mother Seton House, said point of beginning being distant 546 feet, more or less, southerly measured along the west side of said Paca Street from the southwest side of Druid Hill Avenue, 60 feet wide, and running thence binding on the west side of said Paca Street, southerly 29 feet, more or less, to the southernmost side of a brick wall with iron fence to the Mother Seton House; thence binding on the southernmost side of said brick wall, westerly 18 feet, more or less, to the end thereof; thence by a straight line, northerly 3 feet, more or less, to the southeast corner of a two and one half story brick building known as the Mother Seton House; thence binding in part on the southernmost face of said two and one half story brick building, in part on the southernmost face of a one story wooden addition to said two and one half story brick building and in all, westerly 43 feet, more or less, to the southwest corner of said one story wooden addition; thence binding in part on the westernmost face of said one story wooden addition, in part on the westernmost face of said two and one half story brick building and in all, northerly 26 feet, more or less, to the northwest corner of said two and one half story brick building; thence binding in part on the northernmost face of said two and one half story brick building, in part on the northernmost side of the aforesaid brick wall with iron fence and in all, easterly 60 feet, more or less, to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-31 Washington Monument and Mount Vernon Place. Balt., Md., Code art. 6, § 13-31 (2026) The Washington Monument and Mount Vernon Place, the property being further described as follows: Beginning for the same at the point formed by the intersection of the west side of St. Paul Street and the south side of Mt. Vernon Place, 200 feet wide and running thence binding on the south side of said Mt. Vernon Place, Westerly 350 feet, more or less, to intersect the east side of Washington Place, 150 feet wide; thence binding on the east side of said Washington Place, Southerly 290 feet, more or less, to intersect the north side of Centre Street; thence binding on the north side of said Centre Street, Westerly 150 feet to intersect the west side of said Washington Place; thence binding on the west side of said Washington Place, Northerly 200 feet, more or less, to intersect the south side of said Mt. Vernon Place; thence binding on the south side of said Mt. Vernon Place, Westerly 280 feet, more or less, to intersect the east side of Cathedral Street, thence binding on the east side of said Cathedral Street, Northerly 200 feet to intersect the north side of said Mt. Vernon Place; thence binding on the north side of said Mt. Vernon Place, Easterly 280 feet, more or less, to intersect the west side of said Washington Place; thence binding on the west side of said Washington Place, Northerly 250 feet, more or less, to intersect the south side of Madison Street; thence binding on the south side of said Madison Street, Easterly 150 feet to intersect the east side of said Washington Place; thence binding on the east side of said Washington Place, Southerly 250 feet, more or less, to intersect the north side of said Mt. Vernon Place; thence binding on the north side of said Mt. Vernon Place, Easterly 350 feet, more or less, to intersect the aforesaid west side of St. Paul Street and thence binding on the west side of said St. Paul Street, Southerly 200 feet to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-32 Westminster Presbyterian Church. Balt., Md., Code art. 6, § 13-32 (2026) Westminster Presbyterian Church, 509/13 W. Fayette Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the south side of Fayette Street, 66 feet wide, and the east side of Greene Street, 66 feet wide, and running thence binding on the south side of said Fayette Street, Easterly 152 feet, more or less, to the end of the fifth line of the second parcel of land conveyed by the Mayor and City Council of Baltimore to the State of Maryland by deed dated July 12, 1965 and recorded among the Land Records of Baltimore City in Liber J.F.C. No. 1921 Folio 97; thence binding reversely on the fifth and fourth lines of the second parcel of land described in said deed, respectively, the two following courses and distances, namely, South 01°-47'-30" East 208.12 feet and South 86°-54'-40" West 151.72 feet to the aforesaid east side of Greene Street and thence binding on the east side of said Greene Street, Northerly 208 feet, more or less, to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-33 Basilica of the Assumption. Balt., Md., Code art. 6, § 13-33 (2026) Basilica of the Assumption, the property being further described as follows: Beginning for the same at the corner or intersection formed by the west side of Charles Street and the North side of Mulberry Street and running thence Northerly binding on the west side of Charles Street two hundred feet to the north side of an alley eighteen feet wide laid out by the said trustees for the use of the Lots on Cathedral square, then Westerly binding on the North side of the said alley and parallel with Mulberry Street three hundred and twenty feet to Cathedral Street laid out of the width of sixty six feet by the said John E. Howard, then southerly binding on Cathedral Street two hundred feet to Mulberry Street and then Easterly binding on the North side of Mulberry Street to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-34 H. L. Mencken House. Balt., Md., Code art. 6, § 13-34 (2026) H. L. Mencken House, 1524 Hollins Street, the property being further described as follows: Beginning for the same on the North side of Hollins Street at the distance of 215 feet, more or less, West from the Northwest corner of Hollins and Stricker Streets and the center of a partition wall there situate and running thence West on the North side of Hollins Street 18 feet to the center of a partition wall there situate thence Northerly parallel with Stricker Street 155 feet, more or less, to a public alley 20 feet wide there situate thence Easterly along the South side of said alley 18 feet and thence Southerly parallel with Stricker Street 150 feet to the place of beginning; the improvements thereon being known as No. 1524 Hollins Street. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-35 Shot Tower. Balt., Md., Code art. 6, § 13-35 (2026) Shot Tower, the property being further described as follows: Beginning for the same on the southeast corner of Fayette and Front Streets and running thence easterly binding on the south side of Fayette Street 37.2 feet thence by a line curving to the right with a radius of 25.31 feet said line being throughout its length distant 5 feet from the base of the circular brick Shot Tower which now stands in the land being described a distance of 83.98 feet to the east side of Front Street thence northerly binding on the east side of Front Street 34.2 feet to the place of beginning being a portion of the parcel of land which was conveyed by Charles C. Fickenscher and Edward R. Fickenscher by deed dated February 28th, 1921, and recorded among the Land Records of Baltimore City in Liber S C L No. 3707 Folio 61. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-36 Engine House No. 6. Balt., Md., Code art. 6, § 13-36 (2026) Engine House No. 6, 416 N. Gay Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the northwest side of Gay Street, 49.5 feet wide, and the southeast side of Ensor Street, 80.0 feet wide, said point of beginning being the beginning of the first parcel of land conveyed by The Independent Fire Company to the Mayor and City Council of Baltimore by deed dated May 5, 1859 and recorded among the Land Records of Baltimore City in Liber G.E.S. No. 174 Folio 492 and thence binding in part on the first line of the first parcel of land described in said deed, in part on the first line of the second parcel of land described in said deed, in part on the last line of the parcel of land conveyed by Jackson Foster and Wife "etal" to the Mayor and City Council of Baltimore by deed dated July 8, 1884 and recorded among the aforesaid Land Records in Liber J.B. No. 1015 Folio 77 and in all, on the northwest side of said Gay Street, Northeasterly 118 feet, more or less, to the beginning of last said deed; thence binding on the first line of last said deed, Northwesterly 48.67 feet to the aforesaid southeast side of Ensor Street and thence binding in part on the second line of last said deed, in part on the third line of the second parcel of land described in the deed mentioned firstly herein, in part on the last line of the first parcel of land described in the deed mentioned firstly herein and in all, on the southeast side of said Ensor Street, Southwesterly 121 feet, more or less, to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-37 St. Vincent de Paul Church. Balt., Md., Code art. 6, § 13-37 (2026) St. Vincent de Paul Church, the property being further described as follows: Beginning for the same on the Northernmost side of Front Street at the Southeasternmost corner of the Lot of ground assigned by Charles Pendergast and others to the said party hereto of the third part by deed dated on the 29th day of May 1854 and recorded among the Land Records of said City in Liber EDW no. 61 folio 86 and running thence Southerly bounding in the westernmost side of Front Street 75 feet and 4 inches, more or less, to the outside of the Southernmost wall of the Church of St. Vincent de Paul thence Westerly at right angles with Front Street and bounding on the outside of said wall and continuing the same direction to Jones Falls then northerly bounding in the East side of Jones Falls 75 feet and 4 inches, more or less, to the Lot of ground as aforesaid conveyed by Charles Pendergast and others to the said party of the third part and then easterly bounding on that Lot by a straight line to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-38 Old Cathedral School. Balt., Md., Code art. 6, § 13-38 (2026) Old Cathedral School, the property being further described as follows: Beginning for the same on the line of the south side of Mulberry Street at the distance of 140 feet westerly from the corner formed by the intersection of the south side of Mulberry Street and the west side of Charles Street which place of beginning is at the southwest corner or intersection of Mulberry Street and a 20 foot alley and running thence westerly bounding on the south side at Mulberry Street 52 feet thence southerly parallel with Charles Street to Little Pleasant Street thence southeasterly bounding on the north side of Little Pleasant Street 52 feet more or less to the 20 foot alley aforesaid and thence northerly bounding on the west side of said 20 foot alley to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-39 Edgar Allan Poe House. Balt., Md., Code art. 6, § 13-39 (2026) Edgar Allan Poe House, located at 203 N. Amity Street, Ward 18, Section 13, Block 173, Lot 4. *History: Ord. 75-1001* *History: Ord.82-829* *History: Ord. 15-408* #### § 13-40 Thomas-Jencks-Gladding House. Balt., Md., Code art. 6, § 13-40 (2026) Thomas-Jencks-Gladding House, 1 W. Mt. Vernon Place, the property being further described as follows: Beginning for the same at the corner formed by the intersection of the south side of Mt. Vernon Place with the west side of Washington Place, and running thence westwardly, bounding on the south side of Mt. Vernon Place, 61 feet 9 1/3 inches to the lot designated as Lot No. 40 on aforesaid Plat, thence southwardly, bounding on said Lot No. 40, 160 feet to Spring Alley, thence eastwardly, bounding on the north side of Spring Alley, 61 feet 9 1/3 inches to Washington Place, and thence northwardly bounding thereon, 160 feet to the place of beginning. The improvements thereon being known as No. 1 West Mt. Vernon Place. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-41 Clifton Mansion. Balt., Md., Code art. 6, § 13-41 (2026) Clifton Mansion: Beginning for the same at the point formed by the intersection of the northwest edge of the first macadam road lying southeast of Harford Road, extending from St. Lo Drive northeasterly to the northerly extension of Rose Street and the southwest edge of the first macadam road lying northeast of St. Lo Drive, extending from the macadam road mentioned firstly herein northwesterly and running thence binding on the southwest edge of last said macadam road in a generally northwesterly and northeasterly direction 890 feet; thence by a straight line crossing last said macadam road, Easterly 86 feet, more or less, to a point on the northeast edge of the second macadam road lying northeast of St. Lo Drive, extending from the macadam road mentioned firstly herein northwesterly, distant 802 feet northwesterly, measured along the northeast edge of last said macadam road from the northwest edge of the macadam road mentioned firstly herein; thence binding on the northeast edge of last said macadam road in a generally southeasterly direction 802 feet to the northwest edge of the macadam road mentioned firstly herein and thence binding on the northwest edge of the macadam road mentioned firstly herein in a generally southwesterly direction 198 feet, more or less, to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-42 Roland Park Shopping Center. Balt., Md., Code art. 6, § 13-42 (2026) Roland Park Shopping Center. Beginning for the same at the point formed by the intersection of the northeast side of Upland Road, as now laid out and the northwest side of Roland Avenue, as now laid out 120 feet wide, said point of beginning being the beginning of the parcel of land conveyed by The Roland Park Co. to Roland Park Shopping Center Inc. by deed dated April 10, 1945 and recorded among the Land Records of Baltimore City in Liber M.L.P. No. 6729, Folio 65 and running thence binding on the northeast side of said Upland Road and on the first line of said deed, there situate, Southwesterly 156.54 feet; thence binding on the second and third lines of said deed, the two following courses and distances; namely, Northeasterly 92.24 feet and Northwesterly 33.46 feet to the southeast side of Long Lane, 20 feet wide; thence binding in part on the fourth line of said deed, in part reversely on the third line of the parcel of land conveyed by Jack O. Chertkof, Trustee to David W. and Annie Chertkof Mitzvah Fund, Inc., by deed dated June 27, 1975, and recorded among the Land Records of Baltimore City in Liber R.H.B. No. 3246, Folio 220 and in all on the southeast side of said Long Lane, Northeasterly 107.76 feet; thence binding reversely on the second line of last said deed, Southeasterly 190 feet to the northwest side of said Roland Avenue and thence binding in part reversely on the first line of last said deed, in part on the last line of the deed mentioned firstly herein, and in all on the northwest side of said Roland Avenue, Southwesterly 200 feet to the place of beginning. *History: Ord. 75-1001* #### § 13-43 St. Mary’s Seminary Chapel. Balt., Md., Code art. 6, § 13-43 (2026) St. Mary’s Seminary Chapel, 600 N. Paca Street, the property being further described as follows: Beginning for the same at a bend in the outline of the parcel of land to be conveyed by the Associated Sulpicians of the United States to the Mayor and City Council of Baltimore being part of the property known as No. 600 Paca Street, the coordinates of said bend based upon the Baltimore survey control system being west 2344.83 feet and south 674.46 feet and running thence binding on a southeast outline of said parcel of land, North 45°-43'-40" East 175 feet, more or less, to intersect the line of the northeast face of the brick chapel situate on said property if projected northwesterly; thence binding in part reversely on said line so projected, in part on the northeast faces of said brick chapel and in all, in a generally southeasterly direction 95 feet, more or less, to the easternmost corner of said brick chapel and to the southwest side of a wooden roof, situate on said property; thence binding on the southwest side of said wooden roof, southeasterly 17 feet, more or less, to intersect the southeast side of a brick walk situate on said property; thence binding on the southeast side of said brick walk, southwesterly 149 feet, more or less, to intersect the north outline of the aforesaid parcel of land to be conveyed by the Associated Sulpicians of the United States to the Mayor and City Council of Baltimore and thence binding on the north and northeast outlines of the aforesaid parcel of land the two following courses and distances; namely, South 87°-50'-15" West 28 feet, more or less, and North 47°-18'-15" West 92.25 feet to the place of beginning. *History: Ord. 75-1001* *History: Ord. 15-408* #### § 13-44 B’Nai Israel Synagogue. Balt., Md., Code art. 6, § 13-44 (2026) B’Nai Israel Synagogue, located at 27-35 Lloyd Street, Ward 3, Section 3, Block 1365, Lot 28. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-45 First Baptist Church. Balt., Md., Code art. 6, § 13-45 (2026) First Baptist Church, located at 525 N. Caroline Street, Ward 7, Section 9, Block 1281, Lot 45. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-46 Sharon Baptist Church. Balt., Md., Code art. 6, § 13-46 (2026) Sharon Baptist Church, located at 1373 N. Stricker Street, Ward 15, Section 10, Block 35, Lot 37. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-47 Taylor’s Chapel & Burial Ground. Balt., Md., Code art. 6, § 13-47 (2026) Taylor’s Chapel & Burial Ground, located at 6001 Hillen Road, Ward 27, Section 29, Block 5288B, Lot 1. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-48 Zion Lutheran Church and Parish House. Balt., Md., Code art. 6, § 13-48 (2026) Zion Lutheran Church and Parish House, located at 140-146 N. Gay Street, Ward 4, Section 12, Block 1303A, Lot 1. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-49 Furness House. Balt., Md., Code art. 6, § 13-49 (2026) Furness House, located at 19-21 South Street, Ward 4, Section 11, Block 1348, Lot 7. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-50 Goucher House. Balt., Md., Code art. 6, § 13-50 (2026) Goucher House, located at 2313 St. Paul Street, Ward 12, Section 6, Block 3821, Lot 3. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-51 United States Customs House. Balt., Md., Code art. 6, § 13-51 (2026) United States Customs House, located at 40 S. Gay Street, Ward 4, Section 11, Block 1371, Lot 1. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-52 Pennsylvania Station. Balt., Md., Code art. 6, § 13-52 (2026) Pennsylvania Station, located at 1525 N. Charles Street, Ward 12, Section 10, Block 427, Lot 6. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-53 Ascot House. Balt., Md., Code art. 6, § 13-53 (2026) Ascot House, located at 104 W. 39th Street, Ward 12, Section 1, Block 3701F, Lot 2. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-54 Babe Ruth House. Balt., Md., Code art. 6, § 13-54 (2026) Babe Ruth House, located at 216 Emory Street, Ward 22, Section 4, Block 675, Lot 80. *History: Ord. 77-331* *History: Ord. 15-408* #### § 13-55 War Memorial. Balt., Md., Code art. 6, § 13-55 (2026) War Memorial, located at 101 N. Gay Street, Ward 3, Section 12, Block 1303B, Lot 1. *History: Ord. 77-331* *History: Ord. 15-408* ### Subtitle 14 – Landmark List – 1980s #### § 14-1 Alexander Brown and Sons. Balt., Md., Code art. 6, § 14-1 (2026) Alexander Brown and Sons, located at 135 East Baltimore Street, Ward 4, Section 11, Block 649, Lot 12. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-2 Baltimore City Courthouse. Balt., Md., Code art. 6, § 14-2 (2026) Baltimore City Courthouse, located at 100 North Calvert Street, Ward 4, Section 12, Block 624, Lot 1. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-3 Carroll Hunting Lodge. Balt., Md., Code art. 6, § 14-3 (2026) “Carroll Hunting Lodge,” located at 5914 Greenspring Avenue, Ward 27, Section 22, Block 4400B, Lot 2. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-4 Continental Building. Balt., Md., Code art. 6, § 14-4 (2026) Continental Building, located at 201 East Baltimore Street, Ward 4, Section 11, Block 650, Lot 4. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-5 Crimea House, Chapel, and Stables. Balt., Md., Code art. 6, § 14-5 (2026) Crimea House, Chapel, and Stables, the Crimea House property being described as follows: Beginning for the same at a point formed by the intersection of the east side of a paved park road and a line drawn parallel with and distant 100 feet northeasterly from the northeasternmost side of the building on the lot now being described, known as the Crimea House; the approximate coordinate of said point being West 23540 feet and North 2950 feet, and running thence binding on said line so drawn southeasterly 236 feet, more or less, to intersect a line drawn parallel to and distant 100 feet southeasterly from the southeasternmost side of the said building, thence binding on said line so drawn southwesterly 284 feet, more or less, to intersect a line drawn parallel to and distant 100 feet southwesterly from the southwesternmost side of said building; thence binding on said line so drawn northwesterly crossing said paved park road 325 feet, more or less, to intersect a line drawn parallel to and distant 150 feet northwesterly from the northwesternmost side of said building; thence binding on said line so drawn northeasterly 284 feet, more or less, to intersect a line drawn 100 feet northeasterly from the northeasternmost side of said building, and thence binding on said line southeasterly crossing said paved park road 89 feet, more or less, to the place of beginning. The improvements thereon being known as the Crimea House in Leakin Park. The Chapel property is described as follows: Beginning for the same at a point formed by the intersection of the east side of a paved park road and a line drawn parallel with and distant 20 feet northerly from the northernmost side of the building on the lot now being described, known as the Crimea Chapel building, the approximate coordinate of said point being West 23980 feet and North 3583 feet; and running thence binding on said line so drawn easterly 92 feet, more or less, to intersect a line drawn parallel with and distant 20 feet easterly from the easternmost side of said building; thence binding on said line so drawn southerly 71 feet, more or less, to intersect a line drawn parallel with and distant 20 feet southerly from the southernmost side of said building; thence binding on said line so drawn westerly 42 feet, more or less, to intersect the east side of the said paved park road, thence binding on the east side of said road, northerly 74 feet, more or less, to the place of beginning. The improvements thereon being known as the Crimea Chapel in Leakin Park. The Stable property is described as follows: Beginning for the same at a point formed by the intersection of the west side of a paved park road and a line drawn parallel with and distant 40 feet northerly from the northernmost side of the building on the lot now being described, known as the Crimea Stable building, the approximate coordinate of said point of beginning being West 24030 feet and North 2940 feet and running thence binding on the west side of said paved park road southerly 130 feet, more or less, to intersect a line drawn parallel with and distant 40 feet southerly from the southernmost side of said building; thence binding on said line so drawn Easterly 146 feet, more or less, to intersect a line drawn parallel with and distant 40 feet westerly from the westernmost side of said building; thence binding on said line so drawn northerly 128 feet, more or less, to intersect the line drawn parallel with and distant 40 feet northerly from the northernmost side of said building, and thence binding on said line so drawn easterly 118 feet, more or less, to the place of beginning. The improvements thereon being known as the Crimea Stable in Leakin Park. The coordinate mentioned is referred to the true meridian as adopted by the Baltimore Survey Control System. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-6 Etting Cemetery. Balt., Md., Code art. 6, § 14-6 (2026) Etting Cemetery, located in the 1500 block north side of West North Avenue, Ward 13, Section 7, Block 3406, Lot 2. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-7 Gallagher Mansion. Balt., Md., Code art. 6, § 14-7 (2026) Gallagher Mansion, located at 431 Notre Dame Lane, the property being further described as follows: Beginning for the same at the point formed by the intersection of a line drawn parallel with and distant 10.00 feet northerly, measured at right angles from the northernmost face of the three story stone masonry building situate on the parcel of land known as No. 431/435 Notre Dame Lane and a line drawn parallel with and distant 10.00 feet easterly, measured at right angles from the easternmost face of said three story building and running thence binding on last said line so drawn, Southerly 75 feet, more or less, to intersect a line drawn parallel with and distant 10.00 feet southerly, measured at right angles from the southernmost face of said three story building; thence binding on last said line so drawn, Westerly 83 feet, more or less, to intersect a line drawn parallel with and distant 10.00 feet westerly, measured at right angles from the westernmost face of said three story building; thence binding on last said line so drawn, Northerly 75 feet, more or less, to intersect the line mentioned firstly herein and thence binding on the line mentioned firstly herein, Easterly 83 feet, more or less, to the place of beginning. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-8 Greenmount Cemetery Chapel and Gates. Balt., Md., Code art. 6, § 14-8 (2026) Greenmount Cemetery Chapel and Gates, the Gates property being described as follows: Beginning for the same at a point formed by the intersection of a line drawn parallel with and distant 2 feet southeasterly from the southeasternmost wall of the Gates of Greenmount Cemetery and a line drawn parallel with the southwestern wall and distant 2 feet southwesterly from the southwesternmost point of said gates, said point of beginning being also distant 55 feet, more or less, easterly measured at right angles from a point on the east side of Greenmount Avenue distant 303 feet, more or less, northerly from the intersection of the east side of said Greenmount Avenue and the north side of Hoffman Street, said point of beginning also having the approximate coordinate of East 2066 feet and North 3382 feet, and running thence binding on the line drawn parallel with the southwestern wall and distant 2 feet southwesterly from the southwesternmost point of said gates northwesterly 132 feet, more or less, to intersect a line drawn parallel with and distant 2 feet northwesterly from the northwesternmost wall of said gates; thence binding on said line so drawn northeasterly 32 feet, more or less, to intersect a line drawn parallel with and distant 2 feet northeasterly from the northeasternmost wall of said gates; thence binding on said line so drawn southeasterly 132 feet, more or less, to intersect said line drawn parallel with and distant 2 feet southeasterly from the southernmost wall of said gates and thence binding on said line so drawn southwesterly 32 feet, more or less, to the place of beginning. The improvements thereon being known as the Gates of Greenmount Cemetery. The Chapel property is described as follows: Beginning for the same at a point formed by the intersection of a line drawn parallel to the side of and distant 2 feet southeasterly from the southeasternmost point of the side of the carport of the Chapel, and a line drawn parallel to the side of and distant 2 feet southwesterly from the southwesternmost point of the side of said carport, said point of beginning having the approximate coordinate of east 2299 feet and North 3489 feet and running thence binding on said line, drawn parallel to the side of and distant 2 feet southwesterly from the southwesternmost point of the side of said carport, northwesterly 22.5 feet, more or less, to intersect a line drawn parallel with the side of and distant 2 feet northwesterly from the northwesternmost point of said carport, thence binding on said line so drawn northeasterly 18.5 feet, more or less, to intersect a curve whose center is the center of the Chapel, said curve also being concentric with the Chapel, running thence by a line curving to the right with a radius of 25 feet, more or less, the distance of 133 feet, more or less, to intersect said line drawn parallel to the side of and distant 2 feet southeasterly from the southeasternmost point of the side of said carport and thence binding on said line so drawn southwesterly 18.5 feet, more or less, to the place of beginning. The improvements thereon being known as the Greenmount Cemetery Chapel. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-9 James Lawrence Kernan Hospital. Balt., Md., Code art. 6, § 14-9 (2026) James Lawrence Kernan Hospital, located at 2200 North Forest Park Avenue, the property being further described as follows: Beginning for the same at a point formed by the intersection of the line of the northeasternmost side of a three story brick building, there situate, if projected southeasterly, and the line of the southeasternmost side of said building if projected northeasterly, said building is part of the James Lawrence Kernan Hospital Site, being the former Mansion House, said point of beginning having the approximate coordinate of West 26458 feet and North 6340 feet, and running thence binding reversely on said last line so projected southwesterly 67 feet, more or less, to intersect the line of the southwesternmost side of said building if projected southeasterly; thence binding reversely on said line so projected northwesterly 59 feet, more or less, to intersect the line of the northwesternmost side of said building if projected southwesterly, thence binding reversely on said line so projected northeasterly 67 feet, more or less, to intersect the line of the northeasternmost side of said building if projected northwesterly and thence binding reversely on said line so projected southeasterly 59 feet, more or less, to the place of beginning. The improvements thereon being known as the James Lawrence Kernan Hospital. The coordinate mentioned is referred to the true meridian as adopted by the Baltimore Survey Control System. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-10 Leadenhall Baptist Church. Balt., Md., Code art. 6, § 14-10 (2026) Leadenhall Baptist Church, located at 1021 Leadenhall Street, Ward 23, Section 3, Block 932, Lot 52. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-11 Mount Clare Mansion. Balt., Md., Code art. 6, § 14-11 (2026) Mount Clare Mansion, the property being described as follows: Beginning for the same at a point formed by the intersection of the southeast side of a park paved road and the southwest side of another park paved road, said point being distant 550 feet, more or less, northeasterly from the intersection of the southeast side of the first park paved road with the east curb of Monroe Street, the approximate coordinate of said point of beginning being west 8166 feet and south 6591 feet and running thence binding on the southeast, south, southwest, west and northwest side of the first mentioned park paved road the distance of 1316 feet, more or less, and thence northwesterly 615 feet, more or less, to intersect the southwest side of said road northwesterly 103 feet, more or less, to the place of beginning. The improvements thereon being known as the Mt. Clare Mansion in Carroll Park. The coordinate mentioned is referred to the true meridian as adopted by the Baltimore Survey Control System. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-12 Mount Royal Station and Shed. Balt., Md., Code art. 6, § 14-12 (2026) Mount Royal Station and Shed, located at 1400 Cathedral Street, Ward 11, Section 3, Block 442, Lot 1. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-13 New Psalmist Baptist Church and Parsonage. Balt., Md., Code art. 6, § 14-13 (2026) New Psalmist Baptist Church and Parsonage, located at 100 West Franklin Street, Ward 11, Section 10, Block 550, Lot 1. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-14 Patterson Park Observatory. Balt., Md., Code art. 6, § 14-14 (2026) Patterson Park Observatory, the property being described as follows: Beginning for the same at a point in the center of the Patterson Park Observatory, said point being distant 214 feet, more or less, measured easterly at right angles from the east side of Patterson Park Avenue, 70 feet wide, and 675 feet, more or less, measured southerly at right angles from the south side of Baltimore Street, 70 feet wide, the approximate coordinate of said beginning point being East 9045 feet and South 2748 feet, said point of beginning also being the center of a circular parcel of land with a radius of 50.00 feet that has a circumference of 314.16 feet. The improvements thereon being known as the Patterson Park Observatory in Patterson Park. The coordinate mentioned is referred to the true meridian as adopted by the Baltimore Survey Control System. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-15 Saint Frances Academy. Balt., Md., Code art. 6, § 14-15 (2026) Saint Frances Academy, located at 501 East Chase Street, Ward 10, Section 5, Block 1180, Lot 24. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-16 Saint Leo’s Church. Balt., Md., Code art. 6, § 14-16 (2026) Saint Leo’s Church, located at 225 South Exeter Street, Ward 3, Section 6, Block 1415, Lot 17. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-17 Saint Peter Claver Church. Balt., Md., Code art. 6, § 14-17 (2026) Saint Peter Claver Church, located at 1542 North Fremont Avenue, Ward 15, Section 12, Block 306, Lot 8. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-18 Sharp Street United Methodist Church. Balt., Md., Code art. 6, § 14-18 (2026) Sharp Street United Methodist Church, located at 508 Dolphin Street, Ward 17, Section 1, Block 415, Lot 44. *History: Ord. 82-829* *History: Ord. 15-408* #### § 14-19 Fort McHenry. Balt., Md., Code art. 6, § 14-19 (2026) Fort McHenry, located at 1401 Constellation Plaza, Lot 1 in Block 24-11-2058A, having an area of 43.61 acres, more or less. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-20 G. Krug and Sons. Balt., Md., Code art. 6, § 14-20 (2026) G. Krug and Sons, 415-417 West Saratoga Street, Lot 23, Block 4-5-595, measuring 45 by 80 feet, more or less. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-21 Hutzler’s Palace Building. Balt., Md., Code art. 6, § 14-21 (2026) Hutzler’s Palace Building (formerly known as 210-218 N. Howard Street), being further described as follows: Beginning for the same at a point on the west side of Howard Street, 82.5 feet wide, distant North 02°-50'-14" West 107.50 feet measured along the west side of said Howard Street from the north side of Lexington Street, 66 feet wide, and running thence binding on the south face of the south wall of the five story brick building situate on the parcel of land now being described, Westerly 118.25 feet; thence binding on the west face of the west wall of said five story building, Northerly 95.33 feet to the south side of the former bed of Clay Street; thence binding on the south side of the former bed of said Clay Street and on the north face of the north wall of said five story building, there situate, with the privilege in and to the use of said wall by the abutting property for support, North 86°-54'-55" East 118.25 feet to the west side of said Howard Street and thence binding on the west side of said Howard Street, South 02°-50'-14" East 96 feet, more or less, to the place of beginning. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-22 Mount Washington Octagon (U.S.F.&G.) Building. Balt., Md., Code art. 6, § 14-22 (2026) The Mount Washington Octagon Building (U.S.F.&G.), being further described as follows: The coordinates of the center point of the building known as The Mount Washington Octagon Building being based upon the Baltimore Survey Control System are West 11,088 feet and North 26,151 feet and located on the former Campus of Mt. St. Agnes College. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-23 Mount Auburn Cemetery. Balt., Md., Code art. 6, § 14-23 (2026) Mount Auburn Cemetery, 2614 Annapolis Road, the property being further described as follows: Beginning for the same at the point formed by the intersection of the southwest side of Waterview Avenue and the southeast side of Hollins Ferry Road and running thence binding on the southeast side of said Hollins Ferry Road, South 33°-15' West 528 feet; thence binding on a southwest outline of Mount Auburn Cemetery, South 76°-15' East 704 feet; thence binding on the southeast outline of said Mount Auburn Cemetery, South 34°-30' West 534.6 feet; thence binding on another southwest outline of said Mount Auburn Cemetery, South 76°-15' East 1204.5 feet, more or less, to the northwest side of Annapolis Road; thence binding on the northwest, west, southwest and south sides of said Annapolis Road, the nine following courses and distances; namely, North 28°-43'-23" East 22.34 feet, North 24°-50'-40" East 335.36 feet, North 24°-05'-30" East 217.59 feet, North 05°-51'-40" East 8 feet, more or less, North 84°-08'-20" West 7 feet, more or less, North 24°-41'-52" East 17 feet, more or less, North 05°-51'-40" East 286 feet, more or less, North 79°-57' West 53.37 feet and North 25°-09'-32" East 54.46 feet to the southwest side of said Waterview Avenue and thence binding on the southwest side of said Waterview Avenue the three following courses and distances; namely, North 79°-57' West 30.38 feet, North 75°-45' West 885.40 feet and North 76°-15' West 704 feet to the place of beginning. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-24 Booker T. Washington Jr. Middle School. Balt., Md., Code art. 6, § 14-24 (2026) Booker T. Washington Jr. Middle, School No. 130, 1300 Madison Avenue, Lot 1/7, Block 11-6-398, measuring 240 by 330 feet, more or less. *History: Ord. 86-851* *History: Ord. 04-672* *History: Ord. 15-408* #### § 14-25 Walters Bath House and Engine House # 10. Balt., Md., Code art. 6, § 14-25 (2026) Walters Bath House and Engine House # 10, 906 Washington Boulevard, the property being further described as follows: Beginning for the same at the point formed by the intersection of the north side of Washington Boulevard and the west side of Callendar Street and running thence binding on the north side of said Washington Boulevard, Westerly 61.5 feet, more or less, to intersect the line of the west face of the west wall of the building situate on the adjacent lot; thence binding in part on the west face of the west wall of said building, in part on the line of the west face of the west wall of said building if projected northerly and in all, Northerly 101 feet, more or less, to intersect the south side of Clifford Street; thence binding on the south side of said Clifford Street, Easterly 61.5 feet, more or less, to the west side of said Callendar Street and thence binding on the west side of said Callendar Street, Southerly 101 feet, more or less, to the place of beginning, the property being further described as Block 0847A, Lot 026. *History: Ord. 86-851* *History: Ord. 02-315* *History: Ord. 15-408* #### § 14-26 Warden’s House. Balt., Md., Code art. 6, § 14-26 (2026) Warden’s House (Baltimore City Jail), being further described as follows: The coordinates of the center point of the building known as the Warden’s House being based upon the Baltimore Survey Control System are East 1672 feet and North 510 feet located in the 400 block East Madison Street. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-27 Robert Long House. Balt., Md., Code art. 6, § 14-27 (2026) Robert Long House, 810 and 812 S. Ann Street, Lot 30, Block 2-6-1861, measuring 48 by 65 feet, more or less. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-28 Greenway Cottages. Balt., Md., Code art. 6, § 14-28 (2026) Greenway Cottages, 818, 822 and 826 West 40th Street, the property being further described as follows: Beginning for the same at a point on the north side of 40th Street distant 390 feet, more or less, easterly measured along the north side of said 40th Street from Roland Avenue and running thence binding on a line drawn at right angles to the north side of said 40th Street, Northerly 81 feet, more or less, to intersect a line drawn parallel with and distant 81 feet, more or less, northerly measured at right angles from the north side of said 40th Street; thence binding on said line so drawn Easterly 180 feet, more or less, to intersect a line drawn parallel to the first line mentioned herein; thence binding on last said line so drawn, Northerly 19 feet, more or less, to intersect a line drawn parallel with and distant 100 feet, more or less, northerly, measured at right angles to the north side of said 40th Street; thence binding on last said line so drawn, Easterly 81 feet, more or less, to intersect a line drawn at right angles to the north side of said 40th Street; thence binding reversely on the last said line so drawn, Southerly 100 feet, more or less, to intersect the north side of said 40th Street, and thence binding on the north side of said 40th Street, South 87°-04'-24" West 263 feet, more or less, to the place of beginning. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-29 1124 Riverside Avenue. Balt., Md., Code art. 6, § 14-29 (2026) 1124 Riverside Avenue, Lot 29/30, Block 24-5-1918. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-30 Provident Bank Building. Balt., Md., Code art. 6, § 14-30 (2026) Provident Bank of Maryland, 240 N. Howard Street, Lot 26/27, Block 4-10-596. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-31 Southern Hotel. Balt., Md., Code art. 6, § 14-31 (2026) Southern Hotel, 7-11 Light Street, Lot 1, Block 4-11-649, measuring 92 by 148 feet, more or less. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-32 Macht Building. Balt., Md., Code art. 6, § 14-32 (2026) Macht Building, 11-13 E. Fayette Street, Lot 2, Block 4-11-635, measuring 25 by 113 feet, more or less. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-33 Old Federal Reserve Bank. Balt., Md., Code art. 6, § 14-33 (2026) Old Federal Reserve Bank (now headquarters for Provident Bank of Maryland), 114-120 E. Lexington Street, Lot 8/12, Block 4-1-610, measuring 125 by 100 feet more or less. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-34 Chamber of Commerce Building. Balt., Md., Code art. 6, § 14-34 (2026) Chamber of Commerce Building, 17 Commerce Street, Lot 3, Block 4-11-1349, measuring 81.5 feet by 186 feet, more or less. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-35 Old St. Paul’s Cemetery. Balt., Md., Code art. 6, § 14-35 (2026) Old St. Paul’s Cemetery, 733 W. Redwood Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the south side of Redwood Street, as now laid out 60 feet wide, and the east side of Martin Luther King Jr. Boulevard, as now laid out varying in width, and running thence binding on the south side of said Redwood Street, North 86°-38'-10" East 265 feet, more or less, to the east outline of the St. Paul’s Cemetery property known as No. 733 W. Redwood Street; thence binding on the east outline of said St. Paul’s Cemetery property, and on the east face of a stone wall, there situate, southerly 344 feet, more or less, to intersect the north side of Lombard Street, as now laid out 66 feet wide; thence binding on the north side of said Lombard Street, Westerly 306 feet, more or less, to intersect the northeast side of Martin Luther King Jr. Boulevard and thence binding on the northeast and east sides of said Martin Luther King Jr. Boulevard the three following courses and distances: namely, North 23°-01'-10" West 4 feet, more or less, and by a line curving to the right with a radius of 1081.92 feet the distance of 342.00 feet which arc is subtended by a chord bearing North 03°48'-44" East 340.58 feet and North 12°-52'-05" East 0.41 foot to the place of beginning. *History: Ord. 86-851* *History: Ord. 15-408* #### § 14-36 Wooden houses. Balt., Md., Code art. 6, § 14-36 (2026) Wooden houses, located at 612-614 S. Wolfe Street, Lots 7 and 8 in Block 2-8-1829, measuring 25 x 75 feet, more or less. *History: Ord. 87-1157* *History: Ord. 15-408* #### § 14-37 Pascault Row. Balt., Md., Code art. 6, § 14-37 (2026) Pascault Row, 651-665 W. Lexington Street, Lot 10 in Block 4-7-614. *History: Ord. 87-1157* *History: Ord. 15-408* #### § 14-38 Baltimore Museum of Art. Balt., Md., Code art. 6, § 14-38 (2026) The Baltimore Museum of Art, 10 Art Museum Drive, Lot 1A in Block 12-2-3690. *History: Ord. 87-1157* *History: Ord. 15-408* #### § 14-39 Hutzler’s Tower Building. Balt., Md., Code art. 6, § 14-39 (2026) Hutzler’s Tower Building, 222 N. Howard Street, Lot 28/32 in Block 4-10-596. *History: Ord. 87-1157* *History: Ord. 15-408* #### § 14-40 Gilman Hall. Balt., Md., Code art. 6, § 14-40 (2026) Johns Hopkins University, Gilman Hall, being further described as follows: The coordinates of the center point of the building known as Johns Hopkins University, Gilman Hall, being based upon the Baltimore Survey Control System are West 1674 feet and North 11452 feet and located on the campus of Johns Hopkins University. *History: Ord. 87-1157* *History: Ord. 15-408* #### § 14-41 D’Alesandro House. Balt., Md., Code art. 6, § 14-41 (2026) The D’Alesandro House, 245 Albermarle Street, Lot 9 in Block 3-5-1413, measuring 17 x 50 feet. *History: Ord. 87-1157* *History: Ord. 15-408* ### Subtitle 15 – Landmark List – 1990s #### § 15-1 St. Joseph’s Monastery. Balt., Md., Code art. 6, § 15-1 (2026) St. Joseph’s Monastery, 3800 Frederick Avenue, the property being further described as follows: Beginning for the same at the point formed by the intersection of the north side of Frederick Avenue, 66 feet wide and the east side of Monastery Avenue, 50 feet wide, and running thence binding on the east side of said Monastery Avenue, North 02°-22'-30" West 516.28 feet to intersect the division line between No. 3800 Frederick Avenue and No. 3831 Old Frederick Road; thence binding on said division line and continuing on another division line, the two following courses and distances; namely, North 85°-42'-30" East 153.77 feet and North 04°-57'-30" West 241.06 feet to the south side of Old Frederick Road; thence binding on the south and southwest sides of said Old Frederick Road, the three following courses and distances; namely, South 79°-24'-21" East 304.25 feet, South 76°-06'-41" East 149.01 feet and South 71°-23'-05" East 455.32 feet to the west side of Morley Street, 66 feet wide; thence binding on the west side of said Morley Street, South 11°-25'-45" West 547.35 feet to the north side of said Frederick Avenue and thence binding on the north side of said Frederick Avenue, the four following courses and distances; namely, by a line curving to the left with a radius of 1433.00 feet the distance of 319.57 feet which arc is subtended by a chord bearing North 85°-05'-41" West 318.90 feet, South 88°-31'-00" West 191.40 feet, by a line curving to the left with a radius of 4033.00 feet the distance of 109.10 feet which arc is subtended by a chord bearing South 87°-44'-30" West 109.10 feet and South 86°-58'-00" West 260.00 feet to the place of beginning. *History: Ord. 91-727* *History: Ord. 15-408* #### § 15-2 Orchard Street Church. Balt., Md., Code art. 6, § 15-2 (2026) Orchard Street Church, 510 Orchard Street. Beginning for the same at the point formed by the intersection of the northwest side of Orchard Street, as now laid out 60 feet wide, and the division line between the parcel of land known as Lot 1CR and the parcel of land adjoining on the northeast thereof known as Lot 1A, all as shown on a plat entitled "Amended Orchard-Biddle Neighborhood Development Program Final Subdivision Plan" and recorded among the plat records of Baltimore City in plat record R.H.B. No. 2514 on May 7, 1976, and running thence binding on the northwest side of said Orchard Street, South 43°-32'-30" West 96.01 feet to the division line between the parcel of land known as Lot 1BR and the parcel of land adjoining on the southwest thereof known as Lot 1A, all as shown on said final subdivision plan; thence binding on last said division line between said Lot 1BR and Lot 1A, North 43°-47'-30" West 64.00 feet to another division line between said Lot 1BR and Lot 1A; thence binding on last said division line between said Lot 1BR and Lot 1A and parallel with said Orchard Street North 43°-32'-30" East 12.33 feet to the division line between said Lot 1CR and said Lot 1A; thence binding on last said division line between said Lot 1CR and Lot 1A, North 43°-47''-30" West 61.10 feet; thence binding on another division line between said Lot 1CR and said Lot 1A and parallel with said Orchard Street, North 43°-32'-30" East 83.68 feet to the division line between said Lot 1CR and said Lot 1A mentioned firstly herein and thence binding on the division line between said Lot 1CR and said Lot 1A mentioned firstly herein, South 43°-47'-30" East 125.10 feet to the place of beginning. *History: Ord. 93-223* *History: Ord. 15-408* #### § 15-3 Douglas Memorial Community Church. Balt., Md., Code art. 6, § 15-3 (2026) Douglas Memorial Community Church, 1325 Madison Avenue, the property being further described as follows: Beginning for the same at the point formed by the intersection of the northeast side of Madison Avenue, 66 feet wide and the southeast side of Lafayette Avenue, 66 feet wide and running thence binding on the southeast side of said Lafayette Avenue, northeasterly 130 feet, more or less, to intersect the southwest side of Morris Street, 18 feet wide; thence binding on the southwest side of said Morris Street, southeasterly 105 feet, more or less, to the division line between the properties known as No. 1327 Madison Avenue and No. 1323 Madison Avenue; thence binding on the division line between said properties, southwesterly 130 feet, more or less, to intersect the northeast side of said Madison Avenue, and thence binding on the northeast side of said Madison Avenue, northwesterly 105 feet, more or less, to the place of beginning. *History: Ord. 95-661* *History: Ord. 15-408* #### § 15-4 Buena Vista. Balt., Md., Code art. 6, § 15-4 (2026) Buena Vista, 1705 North Longwood Street, Lot 16 in Block 517. *History: Ord. 98-256* *History: Ord. 15-408* #### § 15-5 George Howard House. Balt., Md., Code art. 6, § 15-5 (2026) The George Howard House, 8 East Madison Street, Lot 37A in Block 2411. *History: Ord. 98-257* *History: Ord. 15-408* #### § 15-6 Charles Theater. Balt., Md., Code art. 6, § 15-6 (2026) Charles Theater, 1711-1717 North Charles Street, Ward 12, Section 9, Block 408, Lot 6. *History: Ord. 98-272* *History: Ord. 15-408* #### § 15-7 St. Katherine of Alexandria Protestant Episcopal Church. Balt., Md., Code art. 6, § 15-7 (2026) St. Katherine of Alexandria Protestant Episcopal Church, 2001 Division Street, Ward 14, Section 6, Block 314, Lot 53. *History: Ord. 98-349* *History: Ord. 15-408* #### § 15-8 Hecht Company Building. Balt., Md., Code art. 6, § 15-8 (2026) The Hecht Company Building, 118 North Howard Street. *History: Ord. 99-394* *History: Ord. 15-408* #### § 15-9 Congress Hotel. Balt., Md., Code art. 6, § 15-9 (2026) The Congress Hotel (Hotel Kernan), 306-312 West Franklin Street. *History: Ord. 99-511* *History: Ord. 15-408* #### § 15-10 Carlton Street Arab Stables. Balt., Md., Code art. 6, § 15-10 (2026) The Carlton Street Arab Stables, 112 South Carlton Street. *History: Ord. 99-580* *History: Ord. 15-408* #### § 15-11 Friends Burial Ground. Balt., Md., Code art. 6, § 15-11 (2026) Friends Burial Ground, 2506 Harford Road. *History: Ord. 99-581* *History: Ord. 15-408* #### § 15-12 Patterson Theater. Balt., Md., Code art. 6, § 15-12 (2026) The Patterson Theater, 3136 Eastern Avenue. *History: Ord. 99-582* *History: Ord. 15-408* #### § 15-13 Standard Oil Building. Balt., Md., Code art. 6, § 15-13 (2026) The Standard Oil Building, 501 St. Paul Place. *History: Ord. 99-583* *History: Ord. 15-408* ### Subtitle 16 – Landmark List – 2000s #### § 16-1 Northern District Police Station. Balt., Md., Code art. 6, § 16-1 (2026) Northern District Police Station, 3355 Keswick Road. *History: Ord. 00-027* *History: Ord. 15-408* #### § 16-2 Samuel Coleridge Taylor Elementary School #122. Balt., Md., Code art. 6, § 16-2 (2026) Samuel Coleridge Taylor Elementary School #122, 501 West Preston Street. *History: Ord. 00-028* *History: Ord. 15-408* #### § 16-3 Grace Hampden Methodist Church. Balt., Md., Code art. 6, § 16-3 (2026) Grace Hampden Methodist Church, 1014 West 36th Street. *History: Ord. 00-111* *History: Ord. 15-408* #### § 16-4 DuVal/Hirschhorn House. Balt., Md., Code art. 6, § 16-4 (2026) DuVal/Hirschhorn House, 800 West Lake Avenue. *History: Ord. 01-182* *History: Ord. 15-408* #### § 16-5 Patricia Grace Thomas Inn/Sankofa CDC/Museum on the National Roadway. Balt., Md., Code art. 6, § 16-5 (2026) Patricia Grace Thomas Inn/Sankofa CDC/Museum on the National Roadway, 5002 Frederick Avenue. *History: Ord. 02-314* *History: Ord. 15-408* #### § 16-6 New Life Missionary Baptist Church. Balt., Md., Code art. 6, § 16-6 (2026) New Life Missionary Baptist Church, 1801 North Bond Street. *History: Ord. 02-429* *History: Ord. 15-408* #### § 16-7 Cedarwood. Balt., Md., Code art. 6, § 16-7 (2026) Cedarwood, 4604 North Charles Street. *History: Ord. 03-525* *History: Ord. 15-408* #### § 16-8 Masjid Al Haqq. Balt., Md., Code art. 6, § 16-8 (2026) Masjid Al Haqq, 514 Islamic Way. *History: Ord. 03-565* *History: Ord. 15-408* #### § 16-9 Fire Engine Company No. 25. Balt., Md., Code art. 6, § 16-9 (2026) Fire Engine Company No. 25, 2140 McCulloh Street. *History: Ord. 03-566* *History: Ord. 15-408* #### § 16-10 Arch Social Club. Balt., Md., Code art. 6, § 16-10 (2026) Arch Social Club, 2426 Pennsylvania Avenue. *History: Ord. 03-567* *History: Ord. 15-408* #### § 16-11 Douglass Place. Balt., Md., Code art. 6, § 16-11 (2026) Douglass Place, 516-524 South Dallas Street. *History: Ord. 03-568* *History: Ord. 15-408* #### § 16-12 Weaver House. Balt., Md., Code art. 6, § 16-12 (2026) Weaver House, 4319 Arabia Avenue. *History: Ord. 04-657* *History: Ord. 15-408* #### § 16-13 Divine Mission Apostolic Church. Balt., Md., Code art. 6, § 16-13 (2026) Divine Mission Apostolic Church, 1 North Fulton Avenue. *History: Ord. 04-658* *History: Ord. 15-408* #### § 16-14 First English Lutheran Church. Balt., Md., Code art. 6, § 16-14 (2026) First English Lutheran Church, 3807 North Charles Street. *History: Ord. 04-696* *History: Ord. 15-408* #### § 16-15 Cherry Hill Elementary School #159. Balt., Md., Code art. 6, § 16-15 (2026) Cherry Hill Elementary School #159, 801 Bridgeview Road. *History: Ord. 04-699* *History: Ord. 15-408* #### § 16-16 Schwing Motor Company Building. Balt., Md., Code art. 6, § 16-16 (2026) Schwing Motor Company Building, 3324 Keswick Road. *History: Ord. 04-814* *History: Ord. 15-408* #### § 16-17 The Mount. Balt., Md., Code art. 6, § 16-17 (2026) The Mount, 3706 Nortonia Road. *History: Ord. 06-217* *History: Ord. 15-408* #### § 16-18 Saint Matthew United Church of Christ. Balt., Md., Code art. 6, § 16-18 (2026) Saint Matthew United Church of Christ, 2320 Mayfield Avenue. *History: Ord. 07-403* *History: Ord. 15-408* #### § 16-19 Baltimore City College. Balt., Md., Code art. 6, § 16-19 (2026) Baltimore City College, 3320 The Alameda. *History: Ord. 07-404* *History: Ord. 15-408* #### § 16-20 Johnny Eck House. Balt., Md., Code art. 6, § 16-20 (2026) Johnny Eck House, 622 North Milton Avenue. *History: Ord. 07-501* *History: Ord. 15-408* #### § 16-21 Christ Church United Church of Christ. Balt., Md., Code art. 6, § 16-21 (2026) Christ Church United Church of Christ, 1308 Beason Street. *History: Ord. 07-502* *History: Ord. 15-408* #### § 16-22 Ruscombe Mansion. Balt., Md., Code art. 6, § 16-22 (2026) Ruscombe Mansion, 4901 Greenspring Avenue - 4901 Springarden Drive. *History: Ord. 07-503* *History: Ord. 15-408* #### § 16-23 Union Baptist Church. Balt., Md., Code art. 6, § 16-23 (2026) Union Baptist Church, 1219 Druid Hill Avenue. *History: Ord. 07-534* *History: Ord. 15-408* #### § 16-24 Dr. John E.T. Camper House. Balt., Md., Code art. 6, § 16-24 (2026) Dr. John E.T. Camper House, 639 North Carey Street. *History: Ord. 07-576* *History: Ord. 15-408* #### § 16-25 Senator Theatre. Balt., Md., Code art. 6, § 16-25 (2026) Senator Theatre, 5904 York Road. *History: Ord. 07-586* *History: Ord. 15-408* #### § 16-26 American Brewery. Balt., Md., Code art. 6, § 16-26 (2026) American Brewery, 1701 North Gay Street. *History: Ord. 08-002* *History: Ord. 15-408* #### § 16-27 W.E.B. Du Bois House. Balt., Md., Code art. 6, § 16-27 (2026) W.E.B. Du Bois House, 2302 Montebello Terrace. *History: Ord. 08-003* *History: Ord. 15-408* #### § 16-28 Riverside Park. Balt., Md., Code art. 6, § 16-28 (2026) Riverside Park, 301 East Randall Street. *History: Ord. 08-004* *History: Ord. 15-408* #### § 16-29 Roland Park Water Tower. Balt., Md., Code art. 6, § 16-29 (2026) Roland Park Water Tower, 4210 Roland Avenue. *History: Ord. 08-005* *History: Ord. 15-408* #### § 16-30 Upton Mansion. Balt., Md., Code art. 6, § 16-30 (2026) Upton Mansion, 811 West Lanvale Street. *History: Ord. 08-006* *History: Ord. 15-408* #### § 16-31 Bolton Square. Balt., Md., Code art. 6, § 16-31 (2026) Bolton Square, 1400 to 1420 Mason Street, 300 to 310 West Lafayette Avenue, 236 to 250 West Lafayette Avenue, and 1401 to 1421 Jordon Street. *History: Ord. 08-037* *History: Ord. 15-408* #### § 16-32 Castalia. Balt., Md., Code art. 6, § 16-32 (2026) Castalia, 200 Tuscany Road. *History: Ord. 08-056* *History: Ord. 15-408* #### § 16-33 Mount Calvary Church. Balt., Md., Code art. 6, § 16-33 (2026) Mount Calvary Church, 816 North Eutaw Street. *History: Ord. 09-112* *History: Ord. 15-408* #### § 16-34 Saint Paul Community Baptist Church. Balt., Md., Code art. 6, § 16-34 (2026) Saint Paul Community Baptist Church, 1901 East Federal Street. *History: Ord. 09-115* *History: Ord. 15-408* #### § 16-35 St. Mark’s Evangelical Lutheran Church. Balt., Md., Code art. 6, § 16-35 (2026) St. Mark’s Evangelical Lutheran Church, 1920 Saint Paul Street. *History: Ord. 09-116* *History: Ord. 15-408* #### § 16-36 Scottish Rite Temple. Balt., Md., Code art. 6, § 16-36 (2026) Scottish Rite Temple, 3800 North Charles Street. *History: Ord. 09-117* *History: Ord. 15-408* #### § 16-37 Nazarene Baptist Church. Balt., Md., Code art. 6, § 16-37 (2026) Nazarene Baptist Church, 1201 Harford Avenue. *History: Ord. 09-118* *History: Ord. 15-408* #### § 16-38 St. Stanislaus Kostka Church. Balt., Md., Code art. 6, § 16-38 (2026) St. Stanislaus Kostka Church, 700 block of South Ann Street. *History: Ord. 09-119* *History: Ord. 15-408* #### § 16-39 Raffel Building. Balt., Md., Code art. 6, § 16-39 (2026) Raffel Building, 107 West Heath Street. *History: Ord. 09-124* *History: Ord. 15-408* #### § 16-40 Four Bay House. Balt., Md., Code art. 6, § 16-40 (2026) Four Bay House, 1733 Aliceanna Street. *History: Ord. 09-125* *History: Ord. 15-408* #### § 16-41 Dr. Giering House. Balt., Md., Code art. 6, § 16-41 (2026) Dr. Giering House, 3906 Parkside Drive. *History: Ord. 09-126* *History: Ord. 15-408* #### § 16-42 Melvin Cade Armory. Balt., Md., Code art. 6, § 16-42 (2026) Melvin Cade Armory, 2620 Winchester Street. *History: Ord. 09-127* *History: Ord. 15-408* #### § 16-43 Harford Commons (William Fuld Company). Balt., Md., Code art. 6, § 16-43 (2026) Harford Commons (William Fuld Company), 1508 Harford Avenue. *History: Ord. 09-128* *History: Ord. 15-408* #### § 16-44 President Street Station. Balt., Md., Code art. 6, § 16-44 (2026) President Street Station, 601 President Street/801 Fleet Street. *History: Ord. 09-179* *History: Ord. 15-408* #### § 16-45 Ann Wiggins Brown House. Balt., Md., Code art. 6, § 16-45 (2026) Ann Wiggins Brown House, 1501 Presstman Street. *History: Ord. 09-247* *History: Ord. 15-408* #### § 16-46 Kresge Building. Balt., Md., Code art. 6, § 16-46 (2026) Kresge Building, 117 West Lexington Street. *History: Ord. 09-248* *History: Ord. 15-408* #### § 16-47 Sellers Mansion. Balt., Md., Code art. 6, § 16-47 (2026) Sellers Mansion, 801 North Arlington Avenue. *History: Ord. 09-249* *History: Ord. 15-408* ### Subtitle 17A – Landmark List: Exteriors – 2010s #### § 17A-1 Waverly Town Hall. Balt., Md., Code art. 6, § 17A-1 (2026) Waverly Town Hall, 3100 Greenmount Avenue (Block 3881, Lot 10/12). *History: Ord. 11-535* *History: Ord. 15-408* #### § 17A-2 Franklin-Delphey Hotel. Balt., Md., Code art. 6, § 17A-2 (2026) Franklin-Delphey Hotel, 300 West Franklin Street. *History: Ord. 11-541* *History: Ord. 15-408* #### § 17A-3 Grand Masonic Temple. Balt., Md., Code art. 6, § 17A-3 (2026) Grand Masonic Temple, 221-227 North Charles Street. *History: Ord. 11-542* *History: Ord. 15-408* #### § 17A-4 Mayfair Theater. Balt., Md., Code art. 6, § 17A-4 (2026) Mayfair Theater, 506 North Howard Street. *History: Ord. 11-543* *History: Ord. 15-408* #### § 17A-5 Hansa Haus. Balt., Md., Code art. 6, § 17A-5 (2026) Hansa Haus, 11 South Charles Street. *History: Ord. 11-544* *History: Ord. 15-408* #### § 17A-6 Grace Turnbull House. Balt., Md., Code art. 6, § 17A-6 (2026) Grace Turnbull House, 223 Chancery Road. *History: Ord. 11-545* *History: Ord. 15-408* #### § 17A-7 St. Peter the Apostle Church Complex. Balt., Md., Code art. 6, § 17A-7 (2026) St. Peter the Apostle Church Complex, 13 South Poppleton Street, 11 South Poppleton Street, 848 Hollins Street, and 16 South Poppleton Street. *History: Ord. 11-551* *History: Ord. 15-408* #### § 17A-8 Old Dunbar High School. Balt., Md., Code art. 6, § 17A-8 (2026) Old Dunbar High School, 540 North Caroline Street. *History: Ord. 12-006* *History: Ord. 15-408* #### § 17A-9 Shelley House. Balt., Md., Code art. 6, § 17A-9 (2026) Shelley House, 3849 Roland Avenue. *History: Ord. 12-056* *History: Ord. 15-408* #### § 17A-10 Abell Building. Balt., Md., Code art. 6, § 17A-10 (2026) Abell Building, 329-335 West Baltimore Street. *History: Ord. 12-074* *History: Ord. 15-408* #### § 17A-11 Appold-Faust Building. Balt., Md., Code art. 6, § 17A-11 (2026) Appold-Faust Building, 307-309 West Baltimore Street. *History: Ord. 12-075* *History: Ord. 15-408* #### § 17A-12 Baltimore Equitable Society Building. Balt., Md., Code art. 6, § 17A-12 (2026) Baltimore Equitable Society Building, 21 North Eutaw Street. *History: Ord. 12-076* *History: Ord. 15-408* #### § 17A-13 Equitable Building. Balt., Md., Code art. 6, § 17A-13 (2026) Equitable Building, 10-12 North Calvert Street. *History: Ord. 12-077* *History: Ord. 15-408* #### § 17A-14 Old Town National Bank Building. Balt., Md., Code art. 6, § 17A-14 (2026) Old Town National Bank Building, 221 North Gay Street. *History: Ord. 12-078* *History: Ord. 15-408* #### § 17A-15 St. Alphonsus Hall. Balt., Md., Code art. 6, § 17A-15 (2026) St. Alphonsus Hall, 125 West Saratoga Street. *History: Ord. 12-079* *History: Ord. 15-408* #### § 17A-16 Terminal Warehouse Building. Balt., Md., Code art. 6, § 17A-16 (2026) Terminal Warehouse Building, 320 Guilford Avenue. *History: Ord. 12-080* *History: Ord. 15-408* #### § 17A-17 Turnbull Building. Balt., Md., Code art. 6, § 17A-17 (2026) Turnbull Building, 311-313 West Baltimore Street. *History: Ord. 12-081* *History: Ord. 15-408* #### § 17A-18 Frederick Douglass High School #450. Balt., Md., Code art. 6, § 17A-18 (2026) Frederick Douglass High School #450, 2301 Gwynns Falls Parkway. *History: Ord. 13-120* *History: Ord. 15-408* #### § 17A-19 Historic Frederick Douglass High School. Balt., Md., Code art. 6, § 17A-19 (2026) Historic Frederick Douglass High School, 1645 North Calhoun Street. *History: Ord. 13-122* *History: Ord. 15-408* #### § 17A-20 Florence Crittenton Home. Balt., Md., Code art. 6, § 17A-20 (2026) Florence Crittenton Home, 3110 Crittenton Place. *History: Ord. 13-129* *History: Ord. 15-408* #### § 17A-21 Trinity A.M.E. Church. Balt., Md., Code art. 6, § 17A-21 (2026) Trinity A.M.E. Church, 2130 East Hoffman Street. *History: Ord. 13-153* *History: Ord. 15-408* #### § 17A-22 Union Mill (Historic Druid Mill). Balt., Md., Code art. 6, § 17A-22 (2026) Union Mill (Historic Druid Mill), 1500 Union Avenue. *History: Ord. 13-168* *History: Ord. 15-408* #### § 17A-23 C.J. Youse Building. Balt., Md., Code art. 6, § 17A-23 (2026) C.J. Youse Building, 235 North Holliday Street. *History: Ord. 13-169* *History: Ord. 15-408* #### § 17A-24 Brinks Building. Balt., Md., Code art. 6, § 17A-24 (2026) Brinks Building, 231 North Holliday Street. *History: Ord. 13-170* *History: Ord. 15-408* #### § 17A-25 Canton Methodist Episcopal Church. Balt., Md., Code art. 6, § 17A-25 (2026) Canton Methodist Episcopal Church, 1000 South Ellwood Street. *History: Ord. 13-171* *History: Ord. 15-408* #### § 17A-26 Messiah English Lutheran Church. Balt., Md., Code art. 6, § 17A-26 (2026) Messiah English Lutheran Church, 1025 South Potomac Street. *History: Ord. 13-172* *History: Ord. 15-408* #### § 17A-27 Parkway Theatre. Balt., Md., Code art. 6, § 17A-27 (2026) Parkway Theatre, 3 West North Avenue. *History: Ord. 14-241* *History: Ord. 15-408* #### § 17A-28 Monumental Lodge No. 3, Improved Benevolent Protective Order of Elks of the World. Balt., Md., Code art. 6, § 17A-28 (2026) Monumental Lodge No. 3, Improved Benevolent Protective Order of Elks of the World, 1528 Madison Avenue. *History: Ord. 14-242* *History: Ord. 15-408* #### § 17A-29 Haven Street Factory. Balt., Md., Code art. 6, § 17A-29 (2026) Haven Street Factory, 101 North Haven Street. *History: Ord. 14-243* *History: Ord. 15-408* #### § 17A-30 Public School No. 103, Henry Highland Garnet School. Balt., Md., Code art. 6, § 17A-30 (2026) Public School No. 103, Henry Highland Garnet School, 1315 Division Street. *History: Ord. 14-244* *History: Ord. 15-408* #### § 17A-31 Cross Keys Valve House. Balt., Md., Code art. 6, § 17A-31 (2026) Cross Keys Valve House, 5106 Falls Road. *History: Ord. 14-245* *History: Ord. 15-408* #### § 17A-32 Enoch Pratt House. Balt., Md., Code art. 6, § 17A-32 (2026) Enoch Pratt House, 201 West Monument Street. *History: Ord. 14-247* *History: Ord. 15-408* #### § 17A-33 St. John’s in the Village. Balt., Md., Code art. 6, § 17A-33 (2026) St. John’s in the Village, 3009-3009½ Greenmount Avenue and 3001 Old York Road. *History: Ord. 14-289* *History: Ord. 15-408* #### § 17A-34 Rehoboth Church of God in Christ Jesus Apostolic. Balt., Md., Code art. 6, § 17A-34 (2026) Rehoboth Church of God in Christ Jesus Apostolic, 700 Poplar Grove Street. *History: Ord. 14-305* *History: Ord. 15-408* #### § 17A-35 Olmsted Parkways. Balt., Md., Code art. 6, § 17A-35 (2026) (a) The Olmsted Parkways comprise: (1) the medians and sidewalks of the 2600-3200 blocks of the Alameda; (2) the medians and sidewalks of the 0000-1800 blocks of 33rd Street; and (3) the medians and sidewalks of the 1600-3900 blocks of the Gwynns Falls Parkway. (b) (1) In accordance with City Code Article 6, §§ 4-9 and 4-11, a building permit is not required for any necessary repair or maintenance of or to these medians and sidewalks. (2) The Commission for Historical and Architectural Preservation will: (i) review all proposed changes to these medians and sidewalks, except those for necessary repair or maintenance; and (ii) consider traffic, safety, and engineering implications when reviewing these proposed changes. *History: Ord. 15-334* *History: Ord. 15-408* #### § 17A-36 American Legion Federal Post # 19. Balt., Md., Code art. 6, § 17A-36 (2026) American Legion Federal Post # 19, 1502 Madison Avenue. *History: Ord. 16-501* #### § 17A-37 Apostolic Faith Church of God Building. Balt., Md., Code art. 6, § 17A-37 (2026) Apostolic Faith Church of God Building, 1939 Walbrook Avenue. *History: Ord. 16-505* #### § 17A-38 Ambassador Theatre. Balt., Md., Code art. 6, § 17A-38 (2026) Ambassador Theatre, 4604 Liberty Heights Avenue. *History: Ord. 16-506* #### § 17A-39 St. Mark’s Institutional Baptist Church. Balt., Md., Code art. 6, § 17A-39 (2026) St. Mark’s Institutional Baptist Church, 655 North Bentalou Street. *History: Ord. 16-507* #### § 17A-40 Eastern Avenue Pumping Station. Balt., Md., Code art. 6, § 17A-40 (2026) Eastern Avenue Pumping Station, 751 Eastern Avenue. *History: Ord. 16-582* #### § 17A-41 Dr. John Ruhrah Elementary Middle School (School #228). Balt., Md., Code art. 6, § 17A-41 (2026) Dr. John Ruhrah Elementary Middle School (School #228), 701 Rappolla Street. *History: Ord. 16-583* #### § 17A-42 Patterson Park. Balt., Md., Code art. 6, § 17A-42 (2026) Patterson Park in its entirety and all of its existing structures, 100 South Linwood Avenue (Block 1740, Lot 001) and 201 South Linwood Avenue (Block 1740, Lot 002). *History: Ord. 16-584* #### § 17A-43 Greater Faith Baptist Church. Balt., Md., Code art. 6, § 17A-43 (2026) Greater Faith Baptist Church, 3000-3004 Huntingdon Avenue. *History: Ord. 16-589* #### § 17A-44 Harry O. Wilson House. Balt., Md., Code art. 6, § 17A-44 (2026) Harry O. Wilson House, 4423 Craddock Avenue and Block 5191, Lot 009. *History: Ord. 17-040* #### § 17A-45 Chuck Webb Memorial Recreation Center. Balt., Md., Code art. 6, § 17A-45 (2026) Chuck Webb Memorial Recreation Center, 1401 East Monument Street, historically known as 623 North Eden Street. *History: Ord. 17-069* #### § 17A-46 Our Saviour Lutheran Church. Balt., Md., Code art. 6, § 17A-46 (2026) Our Saviour Lutheran Church, 3301 The Alameda. *History: Ord. 17-073* #### § 17A-47 Hanlon Park. Balt., Md., Code art. 6, § 17A-47 (2026) Hanlon Park in its entirety, 3051 Liberty Heights Avenue (Block 3099, Lot 001), 3001 North Hilton Street (Block 3099, Lot 002), and 2731 North Longwood Street (Block 3099, Lot 004). *History: Ord. 19-258* ### Subtitle 17B – Landmark List: Public Interiors – 2010s #### § 17B-1 Senator Theatre. Balt., Md., Code art. 6, § 17B-1 (2026) Senator Theatre, 5904 York Road. *History: Ord. 11-465* *History: Ord. 15-408* #### § 17B-2 St. Mark’s Evangelical Lutheran Church. Balt., Md., Code art. 6, § 17B-2 (2026) St. Mark’s Evangelical Lutheran Church, 1920 Saint Paul Street. *History: Ord. 12-082* *History: Ord. 15-408* #### § 17B-3 St. John’s in the Village. Balt., Md., Code art. 6, § 17B-3 (2026) St. John’s in the Village, 3009-3009½ Greenmount Avenue and 3001 Old York Road. *History: Ord. 14-290* *History: Ord. 15-408* #### § 17B-4 City Hall Rotunda. Balt., Md., Code art. 6, § 17B-4 (2026) City Hall Rotunda, 100 North Holliday Street. *History: Ord. 15-404* *History: Ord. 15-408* ### Subtitle 18A – Landmark List: Exteriors – 2020s #### § 18A-1 Clifton School. Balt., Md., Code art. 6, § 18A-1 (2026) Clifton School, 2670 Kennedy Avenue. *History: Ord. 21-031* #### § 18A-2 Harlem Theatre. Balt., Md., Code art. 6, § 18A-2 (2026) Harlem Theatre, 614 North Gilmor Street (Block 0110, Lot 008). *History: Ord. 23-221* #### § 18A-3 Baltimore City Engine Company 14 Firehouse. Balt., Md., Code art. 6, § 18A-3 (2026) Baltimore City Engine Company 14 Firehouse, 1908 Hollins Street (Block 0207, Lot 005). *History: Ord. 23-222* #### § 18A-4 Canton Railroad Transfer Bridge. Balt., Md., Code art. 6, § 18A-4 (2026) Canton Railroad Transfer Bridge, Improvement Only Parcel: Ward 01, Section 10, Block 1902-F, Lot 001. *History: Ord. 23-223* #### § 18A-5 3818 Roland Avenue. Balt., Md., Code art. 6, § 18A-5 (2026) 3818 Roland Avenue (Block 3563A, Lot 039). *History: Ord. 23-224* #### § 18A-6 Reed Calloway House. Balt., Md., Code art. 6, § 18A-6 (2026) Reed Calloway House, 1316 North Carey Street {Block 0036A, Lot 010}. *History: Ord. 23-225* #### § 18A-7 Truck House No. 5 (Oliver Community Firehouse). Balt., Md., Code art. 6, § 18A-7 (2026) Truck House No. 5 (Oliver Community Firehouse), 1220 East Oliver Street {Block 1123, Lot 017}. *History: Ord. 23-236* #### § 18A-8 Home of the Friendless. Balt., Md., Code art. 6, § 18A-8 (2026) Home of the Friendless, 1313 Druid Hill Avenue. *History: * #### § 18A-9 The Bookbindery. Balt., Md., Code art. 6, § 18A-9 (2026) The Bookbindery, 3110 Elm Avenue (Block 3504B, Lot 006). *History: * ## Article 7 – Natural Resources ### Division I – Floodplain Management #### Subtitle 1 – Definitions; General Provisions ##### § 1-1 Definitions – In general. Balt., Md., Code art. 7, § 1-1 (2026) In this Division I, the following terms have the meanings indicated. *History: Ord. 14-208* ##### § 1-2 Definitions – “Accessory structure” to “Floodplain District”. Balt., Md., Code art. 7, § 1-2 (2026) (a) “Accessory structure” means a detached structure: (1) that is usable solely for parking vehicles or limited storage; (2) that is on the same parcel of property as the principal structure; (3) that is no larger than 300 square feet and 1 story; and (4) the use of which is incidental to the use of the principal structure. (b) See “new construction”. (c) “ASCE 24” means the most current of ASCE/SEI 24, “Flood Resistant Design and Construction” (American Society of Civil Engineers). (d) “Base flood” means a flood that has a 1% chance of being equaled or exceeded in any given year. (e) (1) “Base-flood elevation” means the elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. (2) In areas of shallow flooding, “base-flood elevation” means the highest natural elevation of the ground surface, prior to construction, that is adjacent to the proposed foundation of a structure; plus: (i) the depth number specified in feet on the Flood Insurance Rate Map; or (ii) if the depth number is not specified, 4 feet. (f) “Basement” means any area of the building, including any sunken room or sunken portion of a room, having its floor below ground level on all sides. (g) “Coastal A Zone” means an area within a special flood hazard area, landward of a coastal high hazard area (V Zone) or landward of a shoreline without a mapped coastal high hazard area, in which the principal source(s) of flooding are astronomical tides and storm surges, and in which, during base flood conditions, the potential exists for breaking waves with heights greater than or equal to 1.5 feet. The inland limit of the Coastal A Zone may be delineated on FIRMs as the Limit of Moderate Wave Action (LiWMA). (h) “Design flood”, as used in ASCE 24, is the greater of the following two flood events: (1) area within a floodplain subject to a 1% or greater chance of flooding in any year as identified on the Flood Insurance Rate Map as a Special Flood Hazard Area; or (2) area designated as a flood hazard area on a community’s flood hazard map or otherwise legally designated. (i) “Design-flood elevation”, as used in ASCE 24 for application to the City, means the elevation of the design flood, including wave height, relative to the datum specified on the flood hazard map. (j) (1) “Development” means: (i) any man-made change to improved or unimproved real estate; or (ii) the subdivision of land. (2) “Development” includes any construction, reconstruction, modification, extension, or expansion of structures, placement of fill or concrete, construction of new or replacement infrastructure, temporary development, placement of manufactured homes or buildings, dumping, mining, dredging, grading, paving, drilling operations, storage of equipment, vehicles, materials, or products, land excavation, land clearing, land improvement, land fill operation, or any combination of these. (k) See “floodproofing”. (l) (1) “Elevation Certificate” means a certification, in the form and containing the information required by the Federal Emergency Management Agency, of the elevations of a structure and its improvements. (2) An Elevation Certificate may only be prepared and certified by a licensed land surveyor or professional engineer, using Mean Sea Level as established by the North American Vertical Datum of 1988 (“NAVD”). (m) (1) “Fair market value” means the price at which the improvement portion of the property will change hands between a willing buyer and a willing seller, neither of which is under compulsion to buy or sell and both of which have reasonable knowledge of relevant facts. (2) For purpose of this Division I, the fair market value of a structure is determined by: (i) a licensed real estate appraiser; or (ii) the most recent, fully phased-in assessed value of the structure, as determined by the Maryland Department of Assessments and Taxation. (n) “FEMA” means the Federal Emergency Management Agency. (o) See “Flood Insurance Rate Map”. (p) See “Flood Insurance Study”. (q) “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; or (2) the unusual and rapid accumulation or runoff of surface waters from any source. See also “base flood” and “design flood”. (r) See “base-flood elevation”, “design-flood elevation”, and “flood-protection elevation”. (s) See “Regulated Flood Hazard Area” and “Special Flood Hazard Area”. (t) “Flood Insurance Rate Map” or “FIRM” means an official map on which the Federal Emergency Management Agency has delineated special flood hazard areas to indicate the magnitude and nature of flood hazards, to designate applicable flood zones, and to delineate floodways, if applicable. FIRMs that have been prepared in digital format or converted to digital format are referred to as Digital FIRMs (DFIRM). (u) “Flood Insurance Study” or “FIS” means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information, and water surface elevations. (v) “Flood-protection elevation” is: (1) the base flood elevation plus 2 feet of freeboard in the non-tidal floodplain; and (2) the modeled elevation of the 0.2% chance of flood plus 2 feet of freeboard in the tidal floodplain as listed on the Flood Insurance Study (Table 4). (w) “Floodplain” means any land area and watercourse susceptible to partial or complete inundation by water from any source, including:: (1) a relatively flat or low land area adjoining a river, stream, or watercourse that is subject to partial or complete inundation; (2) an area subject to the unusual and rapid accumulation or runoff of surface waters from any source; or (3) an area subject to tidal surge or extreme tides. (x) “Floodplain District” means the District, and its constituent subdistricts, established under Subtitle 2 {“Floodplain District”} of this article. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 1-3 Definitions – “Floodproofing” to “Wet floodproofing”. Balt., Md., Code art. 7, § 1-3 (2026) (a) (1) “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to buildings or structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, {and} structures and their contents, such that the buildings or structures are watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (2) For purposes of this Division I, the two methods of floodproofing are as follows: (i) “Dry floodproofing”, which is a combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads, as specified in ASCE 24; and (ii) “Wet floodproofing”, which is the floodproofing method that, as specified in the following FEMA Technical Bulletins and on ASCE 24, relies on flood-damage-resistant materials and construction techniques in areas of a structure that are below the flood-protection elevation required by this standard by intentionally allowing those areas to flood : (A) FEMA Technical Bulletin 2 {“Flood Damage-Resistant Material Requirements for Buildings Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program”}; and (B) FEMA Technical Bulletin 7 {“Wet Floodproofing Requirements for Structures Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program”}. (b) (1) “Floodproofing Certificate” means the FEMA Form 086-0-34 that is to be completed, signed and sealed by a licensed professional engineer or licensed architect to certify that the design of floodproofing and proposed methods of construction are in accordance with the applicable requirements of § 3-14 of this article. (2) A floodproofing certificate may only be prepared and certified by a licensed professional engineer or professional architect. (c) “Flood Resilience Area” means the area described in § 2-2(g) {“Subdistricts: Flood Resilience Area”} of this article, and that: (1) appears on the Flood Insurance Rate Map as Shaded Zone X; and (2) includes all areas subject to the 0.2% annual chance flood. (d) (1) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved to pass the base-flood discharge so that the cumulative increase in the water surface elevation of the base-flood discharge is no more than a designated height. When shown on a FIRM, the floodway is referred to as the “designated floodway.” (2) An area shown on a FIRM as a “designated floodway” is considered an area with “high velocity flow”, as that term is used in ASCE 24, § 1.2 {“Definitions”}. (e) (1) “Freeboard” is a factor of safety expressed in feet above the: (i) height of the 0.2% annual chance of flood in the tidal floodplain; or (ii) base flood elevation in the non-tidal floodplain. (2) The freeboard in Baltimore City is 2 feet. (f) (1) “Functionally dependent use” means, except as otherwise provided in this subsection, any of the following uses that cannot perform their intended purposes unless located or carried out in close proximity to water: (i) docking facilities that are necessary for the loading and unloading of cargo or passengers; and (ii) ship building and ship repair facilities. (2) “Functionally dependent use” does not include long-term storage or related manufacturing facilities. (g) “Historic structure” means a structure that is: (1) individually listed in the National Register of Historic Places or certified or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the Register; (2) individually listed in the Maryland Register of Historic Properties; (3) individually listed in the Baltimore City Landmark List; or (4) certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of an historic district registered with the Secretary. (h) “Limit of Moderate Wave Action (LiMWA)” means the inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than, those in the VE Zone. (i) “Limited storage” means storage that is incidental to the primary use of the principal structure and consists of low-damage items that cannot be conveniently stored above the flood-protection elevation. (j) (1) “Lowest floor” means, except as otherwise provided in this subsection: (i) the lowest floor of the lowest enclosed area (including basement) of a building or structure; the floor of an enclosure below the lowest floor is not the lowest floor provided the enclosure is constructed in accordance with these regulations; and (ii) the lowest floor of a manufactured home is the bottom of the lowest horizontal supporting member (longitudinal chassis frame beam). (2) “Lowest floor” does not include any unfinished or flood-resistant enclosure that is usable solely for parking vehicles, building access, or limited storage, as long as the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the Federal Emergency Management Agency, National Flood Insurance Program. (k) (1) “Manufactured home or building” means a structure, transportable in 1 or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. (2) For floodplain management purposes,“manufactured home or building” includes any park trailer, travel trailer, and other similar vehicle placed on a site for more than 180 consecutive days. (l) Any structure that is used or intended for use for a mixture of nonresidential and residential uses in the same structure. (m) Structures include additions and improvements and the placement of manufactured homes, for which the start of construction commenced on or after March 15, 1978, the initial effective date of the City of Baltimore Flood Insurance Rate Map, including any subsequent improvements, alterations, modifications, and additions to such structures. (1) “New construction” does not include any structure for which the building permit was issued before March 15, 1978, and the actual start of construction was within 180 days of the permit date. (2) As used in paragraph (1) of this subsection, “actual start of construction” means either: (i) the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or (ii) the placement of a manufactured home on a foundation. (3) As used in paragraph (2) of this subsection, “permanent construction” does not include: (i) land preparation, such as clearing, grading, and filling; (ii) the installation of streets and walkways; (iii) excavation for basements, footings, piers, or foundations; (iv) the erection of temporary forms; or (v) the installation on the property of accessory structures. (n) “Nonconforming structure” means any lawfully existing structure that does not comply with the applicable floodplain regulations of the subdistrict in which it is located. (o) “Nonresidential structure” includes the nonresidential portion of a mixed-use structure. (p) “Planning Department” means the Baltimore City Department of Planning. (q) “Planning Director” means the Director of the Baltimore City Department of Planning or the Director’s designee. (r) “Regulated Flood Hazard Area” means: (1) any Flood Resilience Area; and (2) any Special Flood Hazard Area. (s) “Residential structure” includes the residential portion of a mixed-use structure. (t) (1) “Special Flood Hazard Area” means the land in a floodplain subject to a 1% or greater chance of flooding in any given year. (2) Special Flood Hazard Areas are designated by the Federal Emergency Management Agency in the Flood Insurance Study and on the Flood Insurance Rate Map as Zones A, AE, AH, AO, A1-30, and A99, and ZonesV1-30 and VE. (u) (1) “Structure” means any building or other structure, specifically, a walled and roofed building. (2) “Structure” includes a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (v) (1) “Subdivision” means the division or redivision by any means of a lot, tract, or parcel of land into 2 or more lots, tracts, parcels, or other divisions of land. (2) “Subdivision” includes a change in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, building, or lot development. (w) (1) “Substantial damage” means damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. (2) (i) The calculation of these costs must comply with FEMA P-758 {“Substantial Improvement / Substantial Damage Desk Reference”}. (ii) See also § 1-2(x){“Definitions: Substantial improvement”} of this subtitle. (x) (1) (i) “Substantial improvement” means, except as otherwise provided in this subsection, any combination of repairs, reconstruction, rehabilitation, additions, or other improvements to a structure made during the 6-year period immediately preceding a permit application, the aggregate cost of which, together with the cost of the work proposed by the latest permit application, equals or exceeds 50% of the fair market value of the structure before the improvement is started. (ii) The calculation of these costs must comply with FEMA P-758 {“Substantial Improvement / Substantial Damage Desk Reference”}. (iii) For purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. (2) “Substantial improvement” includes improvements to a structure that has been substantially damaged, regardless of the actual repair work done. (3) “Substantial improvement” does not include either: (i) an improvement of a structure that is required by a condemnation or violation notice, order, or citation to secure safe living conditions in compliance with State or City health, sanitary, or safety code specifications; or (ii) an alteration of an historic structure if the alteration will preclude the structure’s continued designation as an historic structure as approved by the Executive Director of the Historic and Architectural Preservation. (y) “Water & Science Administration” means the Water & Science Administration of the Maryland Department of the Environment. (z) “Wetland” means any land that is: (1) considered a “private wetland” or a “State wetland” under Title 9 {”Wetlands and Riparian Rights”} of the State Natural Resources Article; or (2) defined as a “wetland” by the U.S. Fish and Wildlife Service Identification and Classification Procedures. (aa) See “floodproofing”. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 14-283* *History: Ord. 16-503* *History: Ord. 21-020* ##### § 1-4 Balt., Md., Code art. 7, § 1-4 (2026) Reserved ##### § 1-5 Rules of interpretation. Balt., Md., Code art. 7, § 1-5 (2026) (a) In interpreting and applying this Division I, the following rules of interpretation apply: (i) those contained in Subtitles 2 and 3 of the City Code’s General Provisions Article; and (ii) any additional rules contained in this section. (b) (1) In their interpretation and application, the provisions of this Division I must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. (2) If any condition imposed by a provision of this Division I is either more or less restrictive than a comparable condition imposed by any other provision of this Division or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. (c) In their interpretation and application, the provisions of this Division I are to be: (1) liberally construed in favor of proper flood hazard management and Baltimore City; and (2) considered as neither repealing nor limiting any powers granted by State law. *History: Ord. 88-188* *History: Ord. 14-208* *History: Ord. 22-125* ##### § 1-6 Balt., Md., Code art. 7, § 1-6 (2026) Reserved ##### §§ 1-7 to 1-8 Balt., Md., Code art. 7, § 1-7 to 1-8 (2026) Reserved ##### § 1-9 Findings, intent, and design. Balt., Md., Code art. 7, § 1-9 (2026) (a) (1) Certain areas of Baltimore City are subject to periodic inundation that results in loss of life and property, risks to health and safety, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief. (2) Flood losses and associated losses are created by structures inappropriately located, inadequately elevated, or otherwise unprotected and vulnerable to floods or erosion or by development that increases flood or erosion damage to other lands or development. (3) The biological values of floodplains, particularly tidal and non-tidal wetlands, can be adversely affected by floodplain development. (4) Baltimore City has the responsibility under the Flood Hazard Management Act of 1976, Title 5, Subtitle 8 of the State Environment Article, to control floodplain development in order to protect persons and property from danger and destruction and to preserve the biological values and environmental quality of the watersheds or the portions of watersheds under its jurisdiction. (5) Baltimore City has the responsibility under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 to adopt and enforce floodplain management regulations that, at a minimum, meet the requirements of 44 Code of Federal Regulations Parts 55-77 et seq., in order to participate in the National Flood Insurance Program and remain eligible for federally subsidized flood insurance, federal disaster relief, and Federal and State financial assistance. (6) Baltimore City contains densely developed tidal shorelines that are and will continue to be in high demand. The science behind climate change acknowledges that sea-level rise and coastal flooding will impact current and future development along the shoreline. Floodplain regulations are meant to protect people and property while making the City more resilient to the impacts from natural disasters and climate change. (b) It is, therefore, the intent of the Mayor and City Council by this Division I: (1) to protect human life and health; (2) to minimize public and private property damage; (3) to encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; (4) to protect individuals from unwittingly buying lands and structures that are unsuited for intended purposes because of the flood hazards; (5) to protect water supply, sanitary sewage disposal, and natural drainage; (6) to reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise design and construction of development in areas subject to flooding; (7) to provide for public awareness of the flooding potential; and (8) to provide for the biological and environmental quality of the watersheds or the portions of watershed located in Baltimore City. (c) This Division I provides a unified comprehensive approach to floodplain management that addresses the requirements of the following Federal and State programs concerned with floodplain management: (1) the National Flood Insurance Program and the President’s Executive Order 11988 of May 27, 1977, on floodplain management; (2) the State Waterway Construction Permit Program; (3) the State Wetlands Permit Program; (4) the U.S. Army Corps of Engineers’ Section 10 and Section 404 Permit Programs; and (5) the State Coastal Zone Management Program. (d) (1) The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur, and flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside of the special flood hazard areas or uses that are permitted within those areas will be free from flooding or flood damage. (2) These regulations shall not create liability on the part of the City of Baltimore, any of its officers or employees, the Maryland Department of the Environment (MDE), or the Federal Emergency Management Agency (FEMA) for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. *History: Ord. 88-188* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 1-10 Short title. Balt., Md., Code art. 7, § 1-10 (2026) This Division I may be cited as the “Baltimore City Floodplain Management Code”. *History: Ord. 88-188* *History: Ord. 14-208* #### Subtitle 2 – Floodplain District ##### § 2-1 Establishment of district. Balt., Md., Code art. 7, § 2-1 (2026) (a) The City must establish a Floodplain District and an official floodplain map to include all areas subject to inundation by floodwaters. (b) (1) The bases of this delineation must be, at a minimum, the data contained in the most recent Flood Insurance Study for Baltimore City, and illustrated in the Flood Insurance Rate Map. The Flood Insurance Rate Map illustrates both the most recently adopted Special Flood Hazard Areas and the Flood Resilience Area. (2) The base-flood elevation, as determined in the Flood Insurance Study, is graphically delineated on the official floodplain map. (3) Where field-surveyed topography or digital topography indicates that ground elevations are above the base-flood elevation in a Special Flood Hazard Area, then the area is considered in the Special Flood Hazard Area until FEMA issues a Letter of Map Change. (4) Where field-surveyed topography or digital topography indicates that ground elevations are below the closest applicable flood-protection elevation, even in areas not delineated on the FIRM as a Regulated Flood Hazard Area, the area is considered to be a Regulated Flood Hazard Area. (c) The Floodplain District is an overlay on any zoning district, as provided in the Zoning Code of Baltimore City. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 99-547* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 14-307* *History: Ord. 21-020* ##### § 2-2 Subdistricts. Balt., Md., Code art. 7, § 2-2 (2026) (a) (1) The Floodplain District comprises the subdistricts set forth in this section. (2) In all floodplain districts, the flood-protection elevation is calculated as follows: (i) In the tidal floodplain areas, it is the height and geographic extent of the 0.2% annual chance flood in the tidal area plus freeboard. (ii) In the non-tidal floodplain areas, it is the extent of the 0.2% annual chance flood, and the height of the 1% annual chance flood plus freeboard. (b) The Floodway is that part of the Floodplain District that is reserved to convey a base-flood discharge so that the cumulative increase in the water surface elevation of the base-flood discharge is no more than the height designated by FEMA in the Flood Insurance Study. (c) (1) The Floodway Fringe comprises those lands within the Floodplain District that: (i) are subject to inundation by a base flood; and (ii) lie beyond the Floodway (where a floodway has been determined), or in areas where detailed study data, profiles, and base-flood elevations have been established. (2) The Floodway Fringe appears on the Flood Insurance Rate Map as Zone AE. (d) (1) The Approximated Floodplain comprises those lands within the Floodplain District that: (i) are subject to inundation by a base flood; and (ii) lie in: (A) areas for which a detailed study has not been performed, but a base floodplain boundary has been approximated; or (B) areas that are subject to shallow flooding. (2) A base-flood elevation must be established after consideration of any flood elevation and floodway data available from Federal, State, or other sources. (3) The Approximated Floodplain appears on the Flood Insurance Rate Map as Zones A and AO. (e) (1) The Coastal Floodplain, also referred to as tidal floodplain, comprises those lands within the Floodplain District that: (i) due to high tides, hurricanes, tropical storms, and steady onshore winds, are subject to coastal or tidal inundation by a base flood; and (ii) lie in areas where detailed study data are available. (2) The Coastal Floodplain appears on the Flood Insurance Rate Map as Zones A and AE, and includes areas encompassed by transects delineated by FEMA in the Flood Insurance Study. (In Zone AE, a designation on the FIRM indicating “Limit of Moderate Wave Action” refers to the landward limit of waves of 1.5 feet or more in height.) (f) (1) The Coastal High Hazard Area is the area within a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area that is subject to high velocity wave action from storms or seismic sources. This area is designated on FIRMs as velocity zones V, VO, VE, or V1-30, and includes areas encompassed by transects delineated by FEMA in the Flood Insurance Study. (2) The Coastal High Hazard Area appears on the Flood Insurance Rate Map as Zones V and VE. (g) See § 1-3(c) {“Definitions: Flood Resilience Area”} of this Division I. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 14-283* *History: Ord. 21-020* ##### § 2-3 Official map. Balt., Md., Code art. 7, § 2-3 (2026) (a) (1) The official floodplain map is the most current Flood Insurance Rate Map, as prepared by the Federal Emergency Management Agency. (2) The official floodplain map: (i) must be maintained by the Planning Department; and (ii) is incorporated by reference as part of this Division I. (b) The minimum bases for establishing Regulated Flood Hazard Areas and their respective flood elevations are as follows: (1) the most recent revision of the Flood Insurance Study for the City of Baltimore, dated June 16, 2021; (2) the accompanying Flood Insurance Rate Map; and (3) all subsequent amendments and revisions to the FIRM. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 2-4 Flood elevations. Balt., Md., Code art. 7, § 2-4 (2026) (a) (1) Regulated Flood Hazard Areas in the nontidal floodplain are designated on the FIRM as “Special Flood Hazard Areas”. (2) The flood elevations for these areas correspond to the base-flood elevations specified in the Flood Insurance Study. (b) (1) Regulated Flood Hazard Areas in the tidal floodplain are designated on the FIRM as Zones AE, V, VE, and X. (2) The flood elevations for Zones V and VE are as shown in the Flood Insurance Study’s Table 4 {“Transect Data”}, under the column heading “Zone Designation and BFE”. (3) The flood elevations for Shaded Zone X (“areas of 0.2% annual chance flood”) and for Zones A and AE are those shown in the Flood Insurance Study’s Table 4 {“Transect Data”}, under the column heading “0.2% Annual Chance”. (c) To establish flood elevations for Regulated Flood Hazard Areas that do not have these elevations shown on the Flood Insurance Rate Map or in the Flood Insurance Study, the Floodplain Manager may: (1) provide the best available data for flood elevations; (2) require the applicant to obtain available information from Federal, State, or other sources; or (3) require the applicant to establish Regulated Flood Hazard Areas and design-flood elevations as set forth in § 2-5 {“Changes to District”} of this subtitle. *History: Ord. 14-208* *History: Ord. 21-020* ##### § 2-5 Changes to District. Balt., Md., Code art. 7, § 2-5 (2026) (a) The delineation of the Floodplain District and its subdistricts may be revised, amended, or modified by the City, in compliance with the requirements of the National Flood Insurance Program and the Maryland Department of the Environment, if: (1) there are changes through natural or other causes to flood elevations and boundaries; or (2) changes are indicated by detailed hydrologic and hydraulic information and studies. (b) As soon as practicable, but not later than 6 months after changes become known, the Planning Department must notify the Federal Insurance Administrator of the changes by submitting technical and scientific data in accordance with 44 Code of Federal Regulations, Part 65. (c) All changes are subject to the review and approval of the Federal Emergency Management Agency and the Maryland Department of the Environment. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* ##### § 2-6 Unmapped streams. Balt., Md., Code art. 7, § 2-6 (2026) (a) If development is proposed in the vicinity of an unmapped stream that has no delineated base floodplain, a minimum of a 25-foot flood protection setback from the stream’s bank may be used. (b) State permits may be required. Applicants should request the State Water & Science Administration for a determination of whether its permit requirements apply. (c) Variances may be applied for under Subtitle 5 {“Floodplain Variances”} of this Division I. *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 2-7 Floodplain Manager. Balt., Md., Code art. 7, § 2-7 (2026) (a) The Planning Department is responsible to ensure compliance with the National Flood Insurance Program. (b) The Planning Director is responsible for appointing staff to carry out the duties of the Floodplain Manager. (c) The Floodplain Manager is responsible for: (1) overseeing and implementing the City’s floodplain program; (2) responding to all requests and inquiries by the Administrator of the National Flood Insurance Program; (3) reviewing applications to determine whether the proposed uses and other activities will be reasonably safe from flooding; (4) reviewing elevation certificates and requiring incomplete or deficient certificates to be corrected; and (5) keeping all files required by the National Flood Insurance Program. *History: Ord. 11-516* *History: Ord. 14-208* #### Subtitle 3 – Development Regulations ##### Part 1 – Overview ###### § 3-1 In general. Balt., Md., Code art. 7, § 3-1 (2026) (a) (1) In order to prevent excessive damage to structures, all new construction and substantial improvements to existing structures in the Floodplain District must comply with: (i) the regulations and restrictions of this subtitle; and (ii) except as otherwise provided in this Division I, the design and construction standards of: (A) ASCE 24 {“Flood Resistant Design and Construction”}; and (B) ASCE 7 {“Minimum Design Loads for Buildings and Other Structures”}, Chapter 5 {“Flood Loads”}. (2) Where flood elevation data are used, the applicant must provide to the Planning Department: (i) floodproofing elevations for all new construction and all substantial improvements to an existing structure; and (ii) corresponding elevation certificates. (b) If a proposed structure or substantial improvement is sited in 2 different subdistricts or in a subdistrict with 2 different flood elevations, the most restrictive regulation or higher flood elevation prevails. (c) For the purpose of applying appropriate requirements, structures are classified according to ASCE 24, Table 1-1 {“Classification of Structures for flood Resistant Design and Construction”}. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### Part 2 – Districtwide Regulations ###### § 3-2 In general. Balt., Md., Code art. 7, § 3-2 (2026) In the entire Floodplain District, the following regulations and restrictions apply. *History: Ord. 88-188* *History: Ord. 14-208* ###### § 3-3 Conformance to programs, plans, and BFR Codes. Balt., Md., Code art. 7, § 3-3 (2026) (a) The approval of any development must conform with the requirements of the permit programs of: (1) the State Water & Science Administration; and (2) all other applicable Federal, State, and City agencies. (b) Building, Fire, and Related Codes. The approval of any development must conform with all applicable requirements of the Baltimore City Building, Fire, and Related Codes Article. (c) Where flood control and watershed management plans exist, all development must be consistent with those plans. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-4 Residential structures. Balt., Md., Code art. 7, § 3-4 (2026) (a) (1) Every new or substantially improved residential structure, including a manufactured home, must have its lowest floor elevated to at least the flood-protection elevation. (2) The elevation of the lowest floor and the lowest elevation of machinery serving the structure must be certified on an elevation certificate after the lowest floor and machinery are in place. (3) Every new or substantially improved residential structure must meet the requirements of § 3-14 {“Enclosures below lowest floor or flood-protection elevation”} of this subtitle. (b) Every proposed structure must be placed on the lot so as to avoid location in the floodplain as much as possible. (c) Basements are not permitted in new structures and substantial improvement of existing structures (including repair of substantial damage). (d) Enclosures below the flood-protection elevation shall be: (1) used solely for parking of vehicles, limited storage and building access; (2) constructed using flood damage-resistant materials; and (3) provided with flood openings that meet the criteria listed under § 1-3(a) {“Definitions: Floodproofing”} of this Division I. (e) Any horizontal expansion that increases the footprint and that is less than substantial must also have the lowest floor elevated to at least the flood-protection elevation. *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-5 Nonresidential or mixed use structures. Balt., Md., Code art. 7, § 3-5 (2026) (a) (1) Every new or substantially improved nonresidential structure must be either: (i) elevated to at least the flood-protection elevation; or (ii) dry or wet floodproofed. (2) Basements are prohibited for any new nonresidential structure in the tidal and nontidal floodplains. (3) Every new or substantially improved nonresidential structure must meet the requirements of § 3-14 {“Enclosures below lowest floor or flood-protection elevation”} of this subtitle. (4) The elevation of the lowest floor of the improvement must be certified on an elevation certificate after the lowest floor is in place. (5) In mixed-use structures, areas below the flood-protection elevation may not be used for residential use even if the area is floodproofed. (b) (1) Floodproofing designs for existing structures must ensure that areas below the flood- protection elevation are watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, as described in § 1-3(a) {“Definitions: Floodproofing”} of this Division I. (2) If the floodproofing option is chosen, a floodproofing certificate must be completed by a licensed professional engineer or professional architect who has reviewed the design and specifications and certifies that the nonresidential structure will meet this standard. A Use and Occupancy permit cannot be approved until the floodproofing certificate is submitted. (c) In tidal and nontidal floodplains, any horizontal expansion that increases the footprint and that is less than substantial must also have the lowest floor elevated to at least the flood-protection elevation. *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-6 Less than substantial improvement. Balt., Md., Code art. 7, § 3-6 (2026) (a) If the construction, reconstruction, or modification of any structure constitutes less than a substantial improvement: (1) the installation of any electric, plumbing, or mechanical systems must comply with § 3-10 {“Electric, plumbing, and mechanical systems”} of this subtitle; and (2) those parts of the improvement below the flood-protection elevation must: (i) be floodproofed; and (ii) otherwise comply with the design and construction standards of ASCE 24. (b) (1) Routine maintenance, repairs, and the in-kind replacement of mechanical, electrical, and plumbing systems are exempt from the requirements of this section. (2) For in-kind replacement, the systems must be elevated to the maximum extent possible to avoid or minimize flood damage. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* ###### § 3-7 Impacts on habitat. Balt., Md., Code art. 7, § 3-7 (2026) All development must be undertaken in a manner that minimizes adverse impacts on aquatic and terrestrial habitat and their related flora and fauna. *History: Ord. 88-188* *History: Ord. 14-208* ###### § 3-8 Design, anchoring, and materials. Balt., Md., Code art. 7, § 3-8 (2026) (a) All construction and improvements must be: (1) designed, constructed, connected, and anchored to prevent flotation, collapse, or lateral movement of the structure, in accordance with the standards for new construction and substantial improvements specified in ASCE 24, § 1.5.1 {“General”}; (2) constructed and placed on the lot so as to offer the minimum obstruction to the flow and height of floodwaters; (3) constructed with material and utility equipment resistant to flood damage; and (4) constructed by methods and practices that minimize flood damage. (b) Unless the structure is dry floodproofed to the flood-protection elevation, materials used below that elevation must be resistant to floodwater damage, as specified in: (1) FEMA Technical Bulletin 2, “Flood Damage-Resistant Materials Requirements for Buildings Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program”; and (2) ASCE 24, § 5.0 {“Materials”}. (c) Tanks must be designed and installed as specified in ASCE 24, § 7.4.1 {“Tanks”}. (d) For installation in any structure located in any floodplain subdistrict, elevators must be designed and installed: (1) as specified in ASCE 24, § 7.5 {“Elevators”}; and (2) as specified in FEMA Technical Bulletin 4: Technical Bulletin 4, Elevators in Buildings Located in Special Flood Hazard Areas. *History: Ord. 88-188* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-9 Landscape design. Balt., Md., Code art. 7, § 3-9 (2026) (a) Adequate ground cover must be provided for soil stabilization within the Floodplain District. (b) Land contours must be designed and plant material chosen to direct surface runoff away from structures and not increase surface runoff onto neighboring properties. *History: Ord. 88-188* *History: Ord. 14-208* ###### § 3-10 Electric, plumbing, and mechanical systems. Balt., Md., Code art. 7, § 3-10 (2026) (a) Except as otherwise provided in subsection (b) of this section, electric, plumbing, and mechanical systems and their attendant components and equipment, including heaters, furnaces, generators, heat pumps, air conditioners, distribution panels, toilets, showers, sinks, duct work, and other permanent electrical, plumbing, or mechanical installations, are only permitted at or above the flood-protection elevation. (b) (1) Subsection (a) of this section does not apply to a system that is designed and installed, in accordance with ASCE 24, to prevent water from entering or accumulating within its components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the flood-protection elevation. (2) In addition, electrical wiring systems for 1- and 2-family dwellings must conform to the requirements of the Baltimore City Residential Code for One- and Two-Family Dwellings, Part VIII {“Electrical”}, for wet locations. (3) Subsection (a) of this section does not apply to routine maintenance, repairs, and the in-kind replacement of mechanical, electrical and plumbing systems in less than substantial improvement projects. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-11 Storage. Balt., Md., Code art. 7, § 3-11 (2026) Materials and products that are buoyant, flammable, or explosive, or that in times of flooding could be injurious to human, animal, or plant life may not be stored below the flood-protection elevation. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-12 Fill. Balt., Md., Code art. 7, § 3-12 (2026) (a) (1) In the Coastal High Hazard Area: (i) fill is prohibited for structural support; but (ii) placement of nonstructural fill is allowed to the extent provided in this section and in ASCE 24, § 4.5.4 {“Use of Fill”}. (2) In the Coastal Floodplain: (i) fill material must meet the requirements of this section; and (ii) structural fill must comply with all applicable provisions of ASCE 24. (b) The placement of more than 600 cubic yards of fill per acre in the floodplain is prohibited except by variance. (c) (1) Elevating a structure by other methods must be considered unless 600 cubic yards or less of fill are required. (2) An applicant must demonstrate that: (i) fill is the only alternative to raising the structure to at least the flood- protection elevation; and (ii) the amount of fill used will not affect the flood storage capacity or increase flooding onto neighboring properties. (d) Fill may be used only to the extent to which it does not adversely affect adjacent properties. (e) (1) Fill may consist of soil or rock materials only. (2) Landfills, dumps, and sanitary soil fills are not permitted. (f) Fill material must be compacted in accordance with the standard proctor test method issued by the American Society for Testing and Materials (ASTM Standard D-698) to provide the necessary stability and resistance to erosion, scouring, or settling. (g) Fill slopes may be no steeper than 1 vertical to 2 horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Department of Public Works. (h) (1) If structures on adjacent properties are known or determined to be subject to flooding under current conditions, the Floodplain Manager may require submission of hydrologic and hydraulic analyses to adequately demonstrate the effects of the proposed fill. (2) A hydrologic and hydraulic analysis requirement does not apply to projects located in the Coastal Floodplain or tidal portion of the Flood Resilience Area. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-13 Accessory structures. Balt., Md., Code art. 7, § 3-13 (2026) (a) Accessory structures shall be limited to no more than 300 square feet in total floor area. (b) Accessory structures: (1) shall comply with the elevation requirements and other requirements of § 3-14 {“Enclosures below the first floor or flood-protection elevation”} of this subtitle; or (2) shall: (i) be useable only for parking of vehicles or limited storage; (ii) be constructed with flood damage-resistant materials below the flood-protection elevation; (iii) be constructed and placed to offer the minimum resistance to the flow of floodwaters; (iv) be anchored to prevent flotation; (v) have electrical service and mechanical equipment elevated to or above the flood-protection elevation; and (vi) have flood openings that meet the criteria described in § 1-3(a) {“Definitions: Floodproofing”} of this Division I. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-14 Enclosures below lowest floor or flood-protection elevation. Balt., Md., Code art. 7, § 3-14 (2026) (a) New construction and substantial improvements of fully enclosed areas below the lowest floor or below the flood-protection elevation: (1) are limited to floodproofed areas usable solely for parking vehicles, limited storage, and building access, as specified in §§ 1-3(a) {“Definitions: Floodproofing”}, § 3-4 {“Residential structures”}, and 3-5 {“Non-residential and mixed-used structures”} of this Division I; or (2) must be designed to meet or exceed the minimum criteria described in § 1-3(a) {“Definitions: Floodproofing”} of this Division I for dry floodproofing and wet floodproofing. (b) The State may have different, more stringent requirements set forth in COMAR 26.17.03 {“Construction on Nontidal Waters and Floodplains”}. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 04-672* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-15 Watercourses. Balt., Md., Code art. 7, § 3-15 (2026) (a) (1) For any proposed development that involves alteration of a watercourse, unless waived by MDE, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, and submit such technical data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by MDE and by FEMA for a Conditional Letter of Map Revision and a Letter of Map Revision upon completion of the project. (2) Submittal requirements and fees shall be the responsibility of the applicant. (b) Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following: (1) a description of the extent to which the watercourse will be altered or relocated; (2) a certification by a licensed professional engineer that the flood-carrying capacity of the watercourse will not be diminished; (3) evidence that adjacent communities, the U.S. Army Corps of Engineers, and MDE have been notified of the proposal, and evidence that the notifications have been submitted to FEMA; and (4) evidence that the applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished. (c) (1) The Floodplain Administrator may require the applicant to enter into an agreement with the Mayor and City Council specifying the maintenance responsibilities. (2) If an agreement is required, the permit shall be conditioned to require that the agreement be recorded on the deed of the property which shall be binding on future owners. *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-16 Flood protection setback. Balt., Md., Code art. 7, § 3-16 (2026) (a) (1) A minimum 25-foot flood protection setback must be maintained from the edge of the banks of any watercourse delineated on the floodplain map or FIRM as having a floodplain. (2) To prevent erosion, natural vegetation must be maintained in this area. (3) Where natural vegetation does not exist along the water course and conditions for replanting are suitable, high priority must be given to planting trees in the setback area to stabilize banks and to enhance aquatic resources. (b) (1) A minimum 25-foot flood-protection setback must be maintained from the top of the bank of any stream that has no designated floodplain. (2) Natural vegetation must be maintained and, if needed, trees planted. *History: Ord. 92-134* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-17 Utilities and facilities. Balt., Md., Code art. 7, § 3-17 (2026) (a) In the entire Floodplain District, the design, placement, and construction of all public and private utilities and facilities must meet: (1) the requirements of this section; and (2) all applicable requirements of ASCE 24. (b) (1) New or replacement water supply systems, on-site disposal systems, or sanitary sewage systems must be designed and floodproofed: (i) to eliminate or minimize infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and (ii) to avoid impairment during flooding and minimize flood damage. (2) All gas, electrical, and other facility and utility systems must be located, constructed, and floodproofed to eliminate or minimize flood damage. (c) (1) All pipes connected to sewage systems must be sealed to prevent leakage. (2) Cesspools and seepage pits are prohibited. (3) Septic tanks are permitted if they are securely anchored to resist buoyant forces during inundation. (d) All new storm drainage facilities within or leading to or from the Floodplain District must be adequately designed, floodproofed, and installed to: (1) eliminate or minimize property damage resulting from the floodwaters of a base flood; and (2) minimize adverse environmental impacts of their installation and use. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* ###### § 3-18 Nontidal AE Zones without designated floodways. Balt., Md., Code art. 7, § 3-18 (2026) New development is not permitted within a nontidal AE Zone that is without a designated floodway, unless it is demonstrated that the cumulative effect of all past and projected development will not increase the base-flood elevation by more than 1 foot. *History: Ord. 11-516* *History: Ord. 14-208* ###### § 3-19 Recreational vehicles. Balt., Md., Code art. 7, § 3-19 (2026) (a) In this section, “recreational vehicle” means a vehicle that is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or to be permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. (b) All recreational vehicles in the Floodplain District must be: (1) elevated and anchored as required by applicable State and Federal laws; or (2) fully licensed and highway ready. *History: Ord. 11-516* *History: Ord. 14-208* ###### § 3-20 Temporary structures or storage. Balt., Md., Code art. 7, § 3-20 (2026) (a) In this section, “temporary structure” a structure erected, installed, and used for a period not to exceed 180 days. (b) In addition to the requirements of § 4-2 {“Development Permits: Applications”} of this Division I, an application for the placement or erection of a temporary structure or for the temporary storage of any goods, materials, or equipment must specify the duration of the temporary use. (c) The temporary structure: (1) must be designed and constructed to prevent flotation, collapse, or lateral movement resulting from hydrodynamic loads and hydrostatic loads during conditions of a base flood; (2) must have electric service installed in compliance with the Baltimore City electric code; (3) must comply with all other requirements of the applicable State and City permit authorities; and (4) if in a Floodway, all necessary Federal and State permits must be obtained. (d) Storage in a temporary structure may not include any hazardous materials. *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-21 Letter of Map Change. Balt., Md., Code art. 7, § 3-21 (2026) (a) This section applies to any property owner requesting mapping changes. (b) A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. (c) A Letter of Map Amendment is an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property or structure is not located in a special flood hazard area. (d) A Letter of Map Revision is a revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. (e) A Conditional Letter of Map Revision is a formal review and comment as to whether a proposed flood protection project or other project comply with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A Conditional Letter of Map Revision Based on Fill (CLOMR-F) is a determination that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; on submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA, to revise the effective FIRM. (f) If a proposed development is contingent upon a map change, no permits will be issued for the development until the Letter of Map Revision (LOMR) has been issued by FEMA. The proposed development must be compliant with all pertinent requirements of Division I of Article 7. *History: Ord. 21-020* ###### § 3-22 Balt., Md., Code art. 7, § 3-22 (2026) Reserved ##### Part 3 – Floodway Regulations ###### § 3-23 In general. Balt., Md., Code art. 7, § 3-23 (2026) In the Floodway, the following regulations and restrictions apply. *History: Ord. 88-188* *History: Ord. 14-208* ###### § 3-24 New private principal structures prohibited. Balt., Md., Code art. 7, § 3-24 (2026) New construction of private principal structures, whether residential, commercial, or industrial, is prohibited. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 14-208* *History: Ord. 14-307* ###### § 3-25 All development requires offset. Balt., Md., Code art. 7, § 3-25 (2026) Public infrastructure and environmental projects taking place on public land that aim to improve drainage and water quality are permitted in the floodway if: (1) the development complies with all otherwise applicable requirements of this Division I; (2) the effect of that development on flood heights is fully offset by accompanying stream modification; and (3) the development is approved by all appropriate local authorities, the State Water & Science Administration, and the U.S. Army Corps of Engineers. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-26 Engineering report. Balt., Md., Code art. 7, § 3-26 (2026) (a) Any proposal to offset the effect of development in the Floodway by construction of stream modifications must be documented by an engineering report, prepared by a licensed professional engineer, that fully evaluates the effects of the construction and is submitted with the application for a building permit. (b) As the basis of analysis, the report must use the base flood and floodway data prepared by the Federal Emergency Management Agency. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* ###### § 3-27 Map revision. Balt., Md., Code art. 7, § 3-27 (2026) Any development in the floodway that proposes to increase the water surface elevation or change the delineation of the floodway requires a Conditional Letter of Map Revision and a Letter of Map Revision as described in § 3-21 {“Letter of map change”} of this subtitle. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-28 Alternative analysis. Balt., Md., Code art. 7, § 3-28 (2026) (a) Before a permit may be issued for any allowed development in the Floodway, the applicant must prepare and submit to the Planning Department an alternative analysis in accordance with this section. (b) The alternative analysis must demonstrate that: (1) no reasonable alternative exists outside of the Floodway; (2) the encroachment in the Floodway is the minimum necessary; (3) the development will withstand a base flood without significant damage; and (4) on the basis of hydrologic and hydraulic analyses, prepared by a licensed professional engineer in accordance with the requirements of the Federal Emergency Management Agency and the Maryland Department of the Environment, the development: (i) will not result in any increase in the base-flood elevation; and (ii) will neither increase downstream or upstream flooding or erosion nor significantly contribute to debris. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* ###### § 3-29 Changes to existing structures. Balt., Md., Code art. 7, § 3-29 (2026) (a) (1) An existing structure in the Floodway may be substantially improved only: (i) by variance; (ii) if the structure can be brought into conformance with this Division I without increasing its existing footprint; and (iii) if all residential uses of the structure are provided egress outside of the base flood. (2) Substantial improvement of a nonconforming structure, regardless of location, may only be undertaken in compliance with this Division I and any other applicable law. (b) (1) In the event of substantial damage or proposed replacement, the applicant must submit an alternative analysis to determine if the structure can be relocated to a less hazardous site. (2) Where replacement structures cannot be relocated, they must be limited to the footprint of the previous structure. (3) Any replacement structure must meet all applicable requirements of this Division I. (c) The modification, alteration, repair, reconstruction, or improvement of any nonconforming structure amounting to less than a substantial improvement must be elevated or floodproofed to the greatest extent possible. (d) Uses or their adjuncts that are or become nuisances may not be permitted to continue. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 14-208* ###### § 3-30 Prohibited structures. Balt., Md., Code art. 7, § 3-30 (2026) (a) The placement of any manufactured homes or buildings is prohibited. (b) The following may not be placed or caused to be placed in the Floodway: (1) fences, except 2-rail or single-cable fences; and (2) any enclosures or materials (including fill) that: (i) might impede, retard, or change the direction of the flow of water; (ii) will catch or collect debris carried by water; or (iii) is placed where the natural flow of stream or floodwaters would carry enclosures or materials downstream to the damage or detriment of public or private property in or adjacent to the floodplain. *History: Ord. 88-188* *History: Ord. 14-208* ###### §§ 3-31 to 3-32 Balt., Md., Code art. 7, § 3-31 to 3-32 (2026) Reserved ##### Part 4 – Other Subdistrict Regulations ###### § 3-33 Approximated Floodplain. Balt., Md., Code art. 7, § 3-33 (2026) (a) In the Approximated Floodplain (Zones A and AO), the following additional regulations apply. (b) In the enforcement of this Division I, the Planning Department must obtain, review, and reasonably use any base-flood elevation and floodway data available from Federal, State, or other sources, such as the U.S. Army Corps of Engineers, the Soil Conservation Service, the State Water & Science Administration, or any regional planning organization. (c) When the base-flood elevation is not known, the Planning Department, in consultation with the State Water & Science Administration, must evaluate each site and establish an approximate base-flood elevation. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ###### § 3-34 Coastal Floodplain and Flood Resilience Area. Balt., Md., Code art. 7, § 3-34 (2026) In the Coastal Floodplain and the Flood Resilience Area, the regulations specified in ASCE 24, § 4.0 {“Coastal High Hazard Areas and Coastal A Zones”} apply. *History: Ord. 88-188* *History: Ord. 14-208* ###### § 3-35 Coastal High Hazard Area. Balt., Md., Code art. 7, § 3-35 (2026) (a) In the Coastal High Hazard Area (Zones V and VE): (1) the regulations of this section apply; and (2) except as otherwise provided in this Division I, the regulations specified in ASCE 24, § 4.0 {“Coastal High Hazard Areas and Coastal a Zones”} also apply. (b) No land below the level of the base flood may be developed unless the new construction or substantial improvement: (1) is located landward of the reach of mean high tide; (2) is elevated on adequately anchored pilings or columns to resist flotation, collapse, and lateral movement due to the effects of base-flood wind and water loads acting simultaneously on all building components, and the bottom of the lowest horizontal structural members of the lowest floor (excluding the pilings or columns) is elevated to at least the flood-protection elevation; (3) has been certified by a licensed professional engineer or professional architect that it is securely anchored to adequately anchored pilings or columns so as to withstand velocity waters and hurricane wave wash and that it will meet the requirements of item (2) of this subsection; (4) has no basement and has the space below the lowest floor free of obstructions (which space may not be used for human habitation, but may be used solely for parking, building access, or limited storage) and is constructed with breakaway walls, as that term is defined in ASCE 24, § 1.2 {“Definitions”}; and (5) does not utilize fill for structural support of structures. (c) No new development in the Coastal High Hazard Area may be permitted unless the applicant demonstrates that: (1) the encroachment into the Coastal High Hazard Area is the minimum necessary; (2) the development will withstand, without damage, the wind and water loads attendant a base flood; and (3) the development will not create an additional hazard to existing structures. (d) An existing nonconforming structure located on land below the level of the base flood may not be expanded, vertically, horizontally, or otherwise, unless: (1) the foundation system is certified by a licensed professional engineer or professional architect as capable of supporting the existing structure and the proposed improvements during a base flood; and (2) all construction is in full compliance with this and all other applicable laws. (e) The placement of manufactured homes or buildings is strictly prohibited. (f) For all new construction and every substantially improved structure in the Coastal High Hazard Area, the developer must submit and the Floodplain Manager must maintain on file an elevation certificate that certifies the elevation of the bottom of the lowest horizontal structural member of the lowest floor. (g) (1) In this subsection, “recreational vehicle” has the meaning stated in § 3-19 {“Recreational vehicles”} of this subtitle. (2) In the Coastal High Hazard Area, recreational vehicles are prohibited. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 14-283* #### Subtitle 4 – Development Permits ##### § 4-1 Permit required. Balt., Md., Code art. 7, § 4-1 (2026) A Building permit issued by the Building Official under the Baltimore City Building Code: (1) is required for all development in the Floodplain District; and (2) may be granted only after necessary permits from the State Water & Science Administration and all other applicable Federal, State, and City agencies have been obtained and verified by the Planning Department. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 4-2 Applications. Balt., Md., Code art. 7, § 4-2 (2026) (a) The application for the permit must be submitted by the owner or authorized agent of the owner to the Building Official. (b) The application must contain, in addition to the information otherwise required by the Building Official for a building permit, the following information: (1) the name and address of the applicant; (2) the name and address of the owner of land on which development is proposed; (3) the name and address of the contractor; (4) the site location; (5) a plan of the site showing the size and location of the proposed development, as well as any existing structures; (6) plans, drawn to scale, that show the location, dimensions, and NAVD elevation of the site in relation to: (i) the stream channel or shoreline, as the case may be; and (ii) the Floodplain District delineation; (7) a summary description of the proposed work and estimated cost; and (8) copies of all necessary permits from the State Water & Science Administration and all other applicable Federal, State, and City agencies. (c) (1) Depending on the type of development or structure involved, the Floodplain Manager may require: (i) that an elevation certificate for the proposed development be submitted with the application; and (ii) that the following information be shown on plans submitted with the application: (A) the size of each proposed structure and the position on the lot where it is to be constructed; (B) the elevations of the proposed final grading and lowest floor and the existing ground and base-flood elevation, as certified by a licensed land surveyor or professional engineer; and (C) the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, and the like. (2) These plans must be prepared by a licensed professional engineer or professional architect. (d) If substantial improvement to an existing structure is proposed, an appraisal must be submitted by a professional real estate appraiser of the fair market value of the existing structure, less land value. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 14-307* *History: Ord. 21-020* ##### § 4-3 Plans for subdivisions or new development. Balt., Md., Code art. 7, § 4-3 (2026) (a) (1) Every proposal for the subdivision of land or for new development must include a plan that shows the location of all existing and proposed public and private utilities, facilities, drainage structure, and road access. (2) If the base-flood elevation has been determined by the Flood Insurance Study or other reliable source, as provided in § 2-3 {“Official map”} of this Division I, that flood elevation must be delineated on the plan. (3) If the proposal involves more than 5 lots or more than 5 acres and the base-flood elevation has not been determined for the land area, the developer must determine the base-flood elevation and delineate that flood elevation on the plan. If hydrologic and hydraulic engineering analyses are submitted, they must be certified in accordance with the requirements of the Maryland Department of the Environment and the Federal Emergency Management Agency. (b) All plans must be certified by a licensed professional engineer or professional architect and reviewed by the Department of General Services to assure that: (1) all proposals are consistent with the need to minimize flood damage; (2) all necessary permits have been received from the State Water & Science Administration and appropriate Federal agencies; (3) all public and private utilities and facilities (including sewer, water, telephone, electric, gas, etc.) are located, constructed, and floodproofed to minimize or eliminate flood damage; (4) adequate drainage is provided to reduce exposure to flood hazards; (5) during a base flood, at least 1 access point provides safe vehicular access to and egress from the subdivision or new development; and (6) adequate measures have been taken to minimize adverse environmental impacts of the proposed development. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 4-4 Conformance to codes required. Balt., Md., Code art. 7, § 4-4 (2026) A permit may be granted only after it has been determined that the proposed work will be in conformance with the requirements of this and all other applicable laws. *History: Ord. 88-188* *History: Ord. 14-208* ##### § 4-5 Alteration of watercourse. Balt., Md., Code art. 7, § 4-5 (2026) (a) (1) When the proposed development includes the relocation or alteration of a watercourse, evidence must be presented as part of the permit application that all adjacent communities and the State Water & Science Administration have been notified by certified mail and have approved of the proposed alteration or relocation. (2) Copies of these notifications must then be forwarded to the Federal Emergency Management Agency, Federal Insurance Administration. (b) In addition, the developer must assure the City, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be preserved. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 4-6 Changes to application, permit, etc. Balt., Md., Code art. 7, § 4-6 (2026) After the issuance of a building permit by the Building Official, no changes of any kind may be made to the application, permit, or any of the plans, specifications, or other documents submitted with the application without the written consent or approval of the Building Official. *History: Ord. 88-188* *History: Ord. 14-208* ##### § 4-7 Inspections; permit revocation. Balt., Md., Code art. 7, § 4-7 (2026) (a) (1) During the construction period, the Building Official must inspect the premises to determine that the work is progressing in compliance with the permit and with all applicable laws. (2) The premises are also subject to inspection by the State Water & Science Administration. (b) If the Building Official determines that the work is not in compliance with the permit and all applicable laws or that there has been a false statement or misrepresentation by the applicant, the Building Official, on instruction from the Planning Department, may revoke the permit and report that fact to the State Water & Science Administration. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 4-8 Requisites for occupancy permit. Balt., Md., Code art. 7, § 4-8 (2026) (a) An occupancy permit issued by the Building Official: (1) is required for all new construction and substantial improvements in the Floodplain District; and (2) may not be issued until the Building Official has been provided with an elevation certificate that certifies the “as-built” elevations of the new construction or substantial improvements. (b) When applicable, a dry floodproofing certificate is also required prior to the approval of the occupancy permit. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 4-9 Record of permit actions. Balt., Md., Code art. 7, § 4-9 (2026) (a) A record of all permit actions in the Floodplain District, including all permits from applicable Federal, State, and City agencies, must be maintained by the Planning Department and must be made available on the request of the Federal Emergency Management Agency or the State Water & Science Administration during periodic assessments of Baltimore City’s participation in the National Flood Insurance Program. (b) This record must include, at a minimum: (1) the date the permit was issued; (2) the “as-built” lowest floor elevation of all new construction or substantial improvement; (3) a copy of all other elevation certificates submitted under this Division I; (4) the issuance date of any occupancy permit; and (5) any map amendments issued by the Federal Emergency Management Agency. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* #### Subtitle 5 – Floodplain Variances ##### § 5-1 In general. Balt., Md., Code art. 7, § 5-1 (2026) Applications for variances may be considered by the Planning Department, after a review by the City agencies responsible for stormwater management and erosion control, for the following: (1) functionally dependent uses; (2) all necessary City utilities in the Floodway or the Coastal High Hazard Area; and (3) substantial improvements to an existing structure in the Floodway. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 5-2 Prohibited variances. Balt., Md., Code art. 7, § 5-2 (2026) A variance may not be granted for: (1) the placement of fill in the Floodway or the Coastal High Hazard Area unless approved by appropriate Federal and State agencies; (2) new construction of any principal structure in the Floodway or the Coastal High Hazard Area; or (3) manufactured homes or buildings within the Floodway and Coastal High Hazard Area. *History: Ord. 88-188* *History: Ord. 14-208* ##### § 5-3 Considerations; Findings of fact. Balt., Md., Code art. 7, § 5-3 (2026) (a) The Floodplain Manager must: (1) request the NFIP State Coordinator, Maryland Department of the Environment, to comment on variance applications; and (2) submit those comments, when received, to the Director of the Planning Department. (b) In considering a variance application, the Planning Department must consider and make findings of fact on all evaluations, relevant factors, and requirements specified in this Division I, including:. (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger to life and property due to flooding or erosion damage; (3) the susceptibility of the proposed development and its contents to flood damage and the effect of that damage on the individual owner; (4) the importance of the services to the community provided by the proposed development; (5) the availability of alternative locations for the proposed use that are not subject to or are subject to less flooding or erosion damage; (6) the need of a waterfront location for the proposed use and whether the proposed use is a functionally dependent use; (7) the compatibility of the proposed use with existing and anticipated development; (8) the relationship of the proposed use to the comprehensive plan for that area; (9) the safety of access to the property in times of flood for passenger vehicles and emergency vehicles; (10) expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters and the effects of wave action, if applicable, expected at the site; (11) the costs of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as streets, bridges, and sewer, gas, electrical, and water systems; (12) the comments provided by NFIP State Coordinator; and (13) the intent of environmental projects taking place on public land, including associated benefits and co-benefits. *History: Ord. 14-208* *History: Ord. 21-020* ##### § 5-4 Limitations on granting variances. Balt., Md., Code art. 7, § 5-4 (2026) The Planning Department may make an affirmative decision on a variance request only on: (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property (for which determination, increased cost or inconvenience of meeting the requirements of this Division I does not constitute an “exceptional hardship”); (3) a determination that the granting of a variance for development within a designated floodway, or within a Special Flood Hazard Area with base-flood elevations but no designated floodway, will not result in increased flood heights beyond that which is allowed by this Division I; (4) a determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public, or conflict with existing local laws; (5) a determination that the structure or other development is protected by methods to minimize flood damage; and (6) a determination that the variance is the minimum necessary to afford relief, considering the flood hazard. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* ##### § 5-5 Applications. Balt., Md., Code art. 7, § 5-5 (2026) (a) The application for a variance must be submitted to the Planning Department and, to the greatest extent possible, must comply with the provisions of this Division I. (b) (1) The Planning Department must notify the applicant, in writing: (i) of the increased premium rates for flood insurance; and (ii) that construction below the level of the base flood increases risks to life and property. (2) This notification must be maintained as part of the record required in § 5-7 {“Record of variance actions”} of this subtitle. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* ##### § 5-6 Agreement not to convert accessary structures. Balt., Md., Code art. 7, § 5-6 (2026) The owner of any accessory structure for which a variance is granted must sign an agreement that the structure will never be converted to any use other than for parking vehicles or limited storage, and the deed restriction must be recorded with the Land Records. *History: Ord. 88-188* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 5-7 Record of variance actions. Balt., Md., Code art. 7, § 5-7 (2026) A record of all variance actions, including the justification for their issuance, must be: (1) maintained by the Planning Department; (2) included in the bi-annual report submitted to the Federal Insurance Administrator; and (3) available on request to the Federal Emergency Management Agency or its authorized agent during periodic assessments of Baltimore City’s participation in the National Flood Insurance Program. *History: Ord. 88-188* *History: Ord. 14-208* ##### § 5-8 Balt., Md., Code art. 7, § 5-8 (2026) Reserved ##### § 5-9 Notice on deed. Balt., Md., Code art. 7, § 5-9 (2026) Notice of the flood hazard and the variance action must be placed on the deed that conveys title to land on which construction has occurred under this subtitle. *History: Ord. 88-188* *History: Ord. 92-134* *History: Ord. 14-208* #### Subtitle 6 – Administration ##### § 6-1 Municipal non-liability. Balt., Md., Code art. 7, § 6-1 (2026) The granting of a permit or approval is not a representation, guarantee, or warranty of any kind and does not create or impose any liability on the City, its officials, employees, or agents. *History: Ord. 88-188* *History: Ord. 14-208* ##### § 6-2 Administrative fees. Balt., Md., Code art. 7, § 6-2 (2026) (a) The City may impose additional application fees commensurate with those costs incurred in the processing, review, and evaluation of permit applications for development in Floodplain District. (b) The costs covered by the fees may include: (1) consultant fees for certification of as-built condition of structures; (2) Floodplain District and subdistrict delineations; (3) environmental impact characterizations; (4) staff assignments; and (5) other related costs. *History: Ord. 88-188* *History: Ord. 14-208* #### Subtitle 7 – Enforcement ##### § 7-1 Compliance required. Balt., Md., Code art. 7, § 7-1 (2026) (a) No structure or other development may be located, erected, constructed, reconstructed, improved, repaired, extended, converted, enlarged, or altered except in full compliance with this Division I and all other applicable Federal, State, and City laws, rules, and regulations. (b) A structure or other development without the required design certifications, elevation certificates, or other evidence of compliance is presumed to be noncompliant with and in violation of this Division I until the required documentation is provided. (c) Any structure or other development that is located, erected, constructed, reconstructed, improved, repaired, extended, converted, enlarged, or altered in violation of this Division I or of any other applicable Federal, State, and City law, rule, or regulation is declared to be a public nuisance and abatable as such. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 14-307* ##### § 7-2 Balt., Md., Code art. 7, § 7-2 (2026) Reserved ##### § 7-3 Violation notice; Stop work order. Balt., Md., Code art. 7, § 7-3 (2026) (a) If the Floodplain Manager finds that any development or person has failed to comply with or otherwise has violated any provision of this Division I, any provision of a rule or regulation adopted under this Division I, or any term or condition of a permit issued under this Division I, the Floodplain Manager may issue a violation notice and, for ongoing activities, a stop work order to: (1) the person responsible for the violation or that person’s authorized agent; (2) the developer or owner of the development or that person’s authorized agent; and (3) on-site personnel. (b) The violation notice must be served: (1) in person; (2) by certified or registered mail; or (3) if the identity or whereabouts of the person responsible, developer, or owner is unknown, by posting a copy of the notice in a conspicuous place in or on the property. (c) The violation notice must: (1) describe the nature of the violation; (2) describe the remedial action needed to correct the violation; and (3) specify a reasonable period of time within which to complete the remedial action. *History: Ord. 14-208* ##### § 7-4 Enforcement of notice or order. Balt., Md., Code art. 7, § 7-4 (2026) (a) If a violation is not promptly discontinued or abated, or if the violation notice or order is not complied with promptly, the Floodplain Manager may institute or cause to be instituted any appropriate legal proceeding. (b) Enforcement proceedings may include: (1) injunctive or other equity proceedings; (2) criminal prosecution, including a prosecution initiated by a prepayable criminal citation under City Code Article 19, § 71-2 {“Prepayable criminal citations”}; and (3) administrative proceedings, including one initiated by a prepayable environmental citation under City Code Article 1, § 40-14 {“Violations to which subtitle applies”}. (c) In pursuing a violation, the Floodplain Manager may use any 1 or more available remedies or enforcement actions. The initiation of any 1 remedy or enforcement action does not preclude pursuing any other remedy or enforcement action authorized by law. Neither damages, irreparable injury, nor the lack of an adequate remedy at law is a prerequisite to enforcement in equity. *History: Ord. 14-208* #### Subtitle 8 – Administrative and Judicial Review ##### § 8-1 Administrative review – In general. Balt., Md., Code art. 7, § 8-1 (2026) (a) Any person aggrieved by the action of the Floodplain Manager or other official charged with the enforcement of this Division I, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division I, or otherwise: (1) may appeal the action to the Planning Director; and (2) on timely request, is entitled to a hearing on that appeal. (b) The appeal must: (1) be in writing; (2) state clearly the grounds on which the appeal is based; (3) if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and (4) be filed with the Director within 10 days of the action in dispute. *History: Ord. 14-208* *History: Ord. 14-307* ##### § 8-2 Administrative review – Delegation of hearing authority. Balt., Md., Code art. 7, § 8-2 (2026) (a) Hearings may be conducted by: (1) the Planning Director; or (2) a hearing officer designated by the Planning Director. (b) The Director may delegate to a hearing officer the authority to issue: (1) proposed or final findings of fact; (2) proposed or final conclusions of law; (3) proposed or final findings of fact and conclusions of law; (4) proposed or final orders; or (5) the final administrative decision of the Department. *History: Ord. 14-208* ##### § 8-3 Administrative review – Conduct of hearing. Balt., Md., Code art. 7, § 8-3 (2026) (a) (1) The Planning Director must provide all parties reasonable written notice of the hearing. (2) The notice must state: (i) the date, time, place, and nature of the hearing; (ii) the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; (iii) the right of a party to call witnesses and submit documents or other evidence under § 8-4 {“Administrative review – Evidence”} of this subtitle; and (iv) that failure to appear for the scheduled hearing may result in an adverse action against the party. (b) Except as otherwise provided by law or by rule or regulation of the Planning Director, all hearings must be: (1) open to the public; and (2) conducted in an orderly but informal manner. *History: Ord. 14-208* ##### § 8-4 Administrative review – Evidence. Balt., Md., Code art. 7, § 8-4 (2026) (a) Except as otherwise provided by this section or by rule or regulation of the Planning Director, formal rules of evidence and trial procedures do not apply. (b) On a genuine issue of fact, a party is entitled to: (1) call witnesses; (2) offer evidence, including rebuttal evidence; (3) cross-examine any witness that another party or the Planning Director calls; and (4) present summation and argument. (c) The Planning Director or hearing officer: (1) may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; (2) may not exclude evidence solely on the basis that it is hearsay; (3) must give effect to a privilege recognized by law; (4) may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; (5) may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Planning Department; and (6) may exclude evidence that is: (i) incompetent; (ii) irrelevant; (iii) immaterial; or (iv) unduly repetitious. *History: Ord. 14-208* ##### § 8-5 Administrative review – Final decision. Balt., Md., Code art. 7, § 8-5 (2026) (a) A final decision must: (1) be in writing; and (2) contain separate statements of: (i) the findings of fact; (ii) the conclusions of law; and (iii) the decision or order. (b) A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record. *History: Ord. 14-208* *History: Ord. 14-307* ##### § 8-6 Administrative appeals. Balt., Md., Code art. 7, § 8-6 (2026) (a) An applicant who is aggrieved by the final site plan decision of the Director of Planning may appeal that decision to the Planning Commission. (b) Appeals must be filed within 30 days of the Planning Director’s final decision, as specified in § 8-5 {“Administrative review- Final decisions”} of this subtitle. (c) The Planning Commission must review the Director’s decision at a public hearing held within 45 days of receiving the appeal. *History: Ord. 21-020* ##### § 8-7 Judicial and appellate review. Balt., Md., Code art. 7, § 8-7 (2026) (a) A party aggrieved by a final decision of the Planning Department under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 14-208* *History: Ord. 19-332* #### Subtitle 9 – Penalties ##### § 9-1 In general. Balt., Md., Code art. 7, § 9-1 (2026) (a) Any person who violates or fails to comply with any provision of this Division I, any provision of a rule or regulation adopted under this Division I, or any term or condition of a permit issued under this Division I is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* ##### § 9-2 Department of Housing and Community Development to enforce. Balt., Md., Code art. 7, § 9-2 (2026) This Division I may be enforced by the Department of Housing and Community Development in the manner provided in § 104 {“Duties and powers of Building Official”} of the Baltimore City Building Code. *History: Ord. 21-020* ##### § 9-3 Each day a separate offense. Balt., Md., Code art. 7, § 9-3 (2026) (a) Every day that a violation continues is a separate offense. (b) Proof that a violation exists on any date that follows the issuance of a violation notice constitutes prima facie evidence that the violation has continued throughout the intervening period of time. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* ##### § 9-4 Penalty not a substitute for remediation. Balt., Md., Code art. 7, § 9-4 (2026) (a) The imposition of a fine or penalty for a violation or noncompliance does not excuse the violation or noncompliance nor permit it to continue. (b) All offenders are required to correct or remedy the violation or noncompliance within a reasonable time. (c) (1) The imposition of a fine or penalty for a violation or noncompliance does not excuse the violation or noncompliance nor permit it to continue. (2) All offenders are required to correct or remedy the violation or noncompliance within a reasonable time. *History: Ord. 88-188* *History: Ord. 11-516* *History: Ord. 14-208* *History: Ord. 21-020* #### Subtitles 10 to 20 ### Division II – Stormwater Management #### Subtitle 21 – Definitions; General Provisions ##### § 21-1 Definitions. Balt., Md., Code art. 7, § 21-1 (2026) (a) In this Division II, the following terms have the meaning indicated. (b) “Adverse impact” means any effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, that: (1) is deleterious; and (2) either: (i) is or potentially can be harmful or injurious to human health, welfare, or safety, to property, or to biological productivity, diversity, or stability; or (ii) unreasonably interferes with the enjoyment of life or property, including outdoor recreation. (b-1) (1) “Approval” means a documented action by the Department following a comprehensive review to determine and acknowledge that submitted materials demonstrate compliance with the requirements of a specified stage in a project’s process. (2) “Approval” does not include an acknowledgment by the Department that material has been received for review. (c) “Best management practice” means a structural or nonstructural practice designed to store temporarily or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. (d) “Channel protection storage volume” means the volume, calculated in accordance with the State’s Design Manual, used to design structural management practices to control stream channel erosion. (e) “Department” means the Baltimore City Department of Public Works. (e-1) “Design Guidelines, City” means the 2010 Baltimore City Stormwater Design Guidelines, and all subsequent additions, revisions, and amendments to it, as adopted by the Department and approved by the State Water Management Administration. (f) “Design Manual, State” means the 2000 Maryland Stormwater Design Manual and all subsequent additions, revisions, and amendments to it. (g) “Develop” means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration. (h) (1) “Disturb” means to: (i) clear or remove trees and brush from land; (ii) grade, stockpile, remove, excavate, scarify, or fill soil; (iii) grub or remove stumps; or (iv) strip or remove vegetative surface cover. (2) “Disturb” does not include: (i) mowing of grass; (ii) trimming of trees; or (iii) other maintenance activities that do not create unvegetated ground. (i) “Drainage area” means an area, measured in a horizontal plane, that: (1) contributes runoff to a single point; and (2) is enclosed by a ridge line. (i-1) “Environmental site design” means using small-scale stormwater management practices, nonstructural techniques, and better site planning that, in accordance with methods specified in the State’s Design Manual, are used to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources. (j) “Extreme flood volume” means the storage volume required to control infrequent, large storm events in which overbank flows reach or exceed the boundaries of the 100- year floodplain. (j-1) “Impervious area” means any surface that does not allow stormwater to infiltrate into the soil surface. (k) (l) “Infiltration” means the passage or movement of water into the soil surface. (l-1) “Maximum extent practicable” means stormwater management systems designed so that: (1) all reasonable opportunities for using environmental site design planning techniques and treatment practices are exhausted; and (2) a structural best management practice is implemented only where absolutely necessary. (m) “Off-site ... management” means the design and construction of a facility necessary to control stormwater from more than one development. (n) “On-site ... management” means the design and construction of systems necessary to control stormwater within one development. (o) “Overbank flood protection volume” means the volume, calculated in accordance with the State’s Design Manual, controlled by structural practices to prevent an increase in the frequency of out of bank flooding generated by development. (p) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this Division II “person” also includes, except as used in § 28-13{“Criminal penalties”}, a governmental entity or an instrumentality or unit of a governmental entity. (p-1) “Planning techniques” means a combination of strategies employed early in project design to reduce the impact from development and to incorporate natural features into a stormwater management plan. (q) See “Stormwater management – Qualitative control”. (r) See “Stormwater management – Quantitative control”. (s) “Recharge volume” means that portion of the water quality volume, calculated in accordance with the State’s Design Manual, used to maintain groundwater recharge rates at development sites. (t) “Redevelopment” means any construction, alteration, or improvement that: (1) disturbs more than 5,000 square feet of land; (2) is performed on a site where: (i) the existing land use is commercial, industrial, institutional, or multi-family residential; and (ii) the existing impervious area of the site is more than 40% of the total area of the site. (t-1) “Retrofitting” means the implementation of environmental site design practices, the construction of a structural best management practice, or the modification of an existing structural best management practice in a previously developed area to improve water quality over current conditions. (u) “Sediment” means soils or other surficial materials that are the product of erosion and are transported or deposited by the action of wind, water, ice, gravity, or artificial means. (v) “Site” means any tract, lot, parcel of land, or area of construction, or combination of tracts, lots, parcels of land, or areas of construction that are: (1) in one ownership; or (2) in diverse ownership, but where: (i) development is to be performed as part of a unit, subdivision, or project; and (ii) either: A. the tracts, lots, or parcels of land are contiguous; or B. the development is a cooperative public-private undertaking. (w) “Stabilization” means the prevention of soil movement by any of various vegetative or structural means. (w-1) “Stormwater” means water that originates from a precipitation event. (w-2) “Stormwater management system” means a system of natural areas, environmental site design practices, stormwater management practices, and any structure through which stormwater flows, infiltrates, or discharges from a site. (x) (1) “Stormwater management” means, for qualitative control, a system of vegetative, structural, and nonstructural practices, natural areas, environmental site design practices, stormwater management measures, and any other structure that reduces or eliminates pollutants that might otherwise be carried by surface runoff. (2) “Stormwater management” includes, for qualitative control, design parameters for: (i) water quality volume; and (ii) recharge volume. (y) (1) “Stormwater management” means, for quantitative control, a system of vegetative, structural, and nonstructural practices, natural areas, environmental site design practices, stormwater management measures, and any other structure that controls the increased volume and rate of surface runoff caused by man-made changes to the land. (2) “Stormwater management” includes, for quantitative controls, design parameters for: (i) channel protection storage volume; (ii) overbank flood protection volume; and (iii) extreme flood volume. (z) (aa) “Watershed” means the total drainage area contributing runoff to a single point. (bb) “Water quality volume” means the volume needed, calculated in accordance with the State’s Design Manual, to capture and treat the runoff from 90% of the average annual rainfall at a development site. (cc) “Wetlands” means an area that has saturated soils or periodic high groundwater levels and vegetation adapted to wet conditions and periodic flooding. *History: Ord. 02-367* *History: Ord. 04-672* *History: Ord. 10-277* *History: Ord. 13- 095* *History: Ord. 22-125* ##### § 21-2 Rules of interpretation. Balt., Md., Code art. 7, § 21-2 (2026) (a) In interpreting and applying this Division II, the following rules of interpretation apply: (i) those contained in Subtitles 2 and 3 of the City Code’s General Provisions Article; and (ii) any additional rules contained in this section. (b) (1) In their interpretation and application, the provisions of this Division II must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. (2) If any condition imposed by a provision of this Division II is either more or less restrictive than a comparable condition imposed by any other provision of this Division or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. *History: Ord. 02-367* *History: Ord. 22-125* ##### § 21-3 Incorporation by reference. Balt., Md., Code art. 7, § 21-3 (2026) (a) For purposes of this Division II, the following documents are incorporated by reference: (1) the State’s Design Manual, which serves as the official City guide for stormwater management principles, methods, and practices; (2) the USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000); and (3) the City’s Design Guidelines, which serve to supplement the State’s Design Manual as it relates to stormwater management principles, methods, and practices in the City. (b) (1) Terms used in the State’s Design Manual have the meanings ascribed to them in the Design Manual or otherwise by the State Water Management Administration. (2) These terms include, among others: (i) “Agricultural land management practices”. (ii) “Aquifer”. (iii) “Detention structure”. (iv) “Direct discharge”. (v) “Extended detention”. (vi) “Grade”. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 21-4 Purpose, goal, etc. Balt., Md., Code art. 7, § 21-4 (2026) (a) The purpose of this Division II is to: (1) protect, maintain, and enhance the public health, safety, and general welfare through the management of stormwater; (2) protect public and private property from damage; (3) reduce the adverse effects of development; (4) reduce stream channel erosion, pollution, siltation, and sedimentation; (5) reduce local flooding; (6) restore, enhance, and maintain the chemical, physical, and biological integrity of streams; and (7) maintain after development, as nearly as possible, pre-development runoff characteristics. (b) The goal of this Division II is to manage stormwater by: (1) using environmental site design to the maximum extent practicable; and (2) using structural best management practices and alternative practices only when necessary. (c) This Division II is adopted under the authority of State Environment Article, Title 4, Subtitle 2. (d) This Division II applies to all new and redevelopment projects that have not received final approval for erosion and sediment control and stormwater management plans by May 4, 2010. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 21-5 Administration. Balt., Md., Code art. 7, § 21-5 (2026) (a) The Baltimore City Department of Public Works is responsible for administering and enforcing this Division II. (b) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department may adopt rules and regulations to carry out this Division II. *History: Ord. 02-367* *History: Text Conformed 02/16/21* ##### § 21-6 Scope. Balt., Md., Code art. 7, § 21-6 (2026) (a) Except as specified in subsection (b) of this section, this Division II applies to all development within the corporate limits of Baltimore City. (b) The following activities are exempt from this Division II: (1) agricultural land management practices that employ methods and procedures to further crop and livestock production and conservation to conserve related soil and water resources; (2) a single-family detached dwelling if: (i) the activity does not disturb more than 2,500 square feet of land area; and (ii) the tract, lot, or parcel has not previously been the subject of an exemption under this item (2); (3) construction, grading, or development (other than for single-family dwellings) if: (i) the activity does not disturb more than 5,000 square feet of land; and (ii) the tract, lot, or parcel has not previously been the subject of an exemption under this item (3); (4) a single-family dwelling that disturbs more than 2,500 square feet of land area but less than 5,000 square feet of land area, subject to the payment of a “small-project” fee established under § 25-2 {“Fees”} of this Division II; and (5) development that the State Water Management Administration determines will be regulated under specific state laws that provide for managing stormwater runoff. *History: Ord. 02-367* *History: Ord. 10-277* #### Subtitle 22 – Stormwater Management Plans ##### § 22-1 Phased plans required. Balt., Md., Code art. 7, § 22-1 (2026) Except as otherwise expressly provided in this Division II, no person may develop any land unless: (1) the project is a single-lot residential construction that establishes stormwater management measures in accordance with a standard stormwater management plan prepared in accordance with the City’s Design Guidelines and approved by the Department; or (2) the person: (i) establishes stormwater management measures that control or manage runoff from the development; and (ii) incorporates those measures into phased stormwater management plans approved by the Department. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 22-2 Design and construction. Balt., Md., Code art. 7, § 22-2 (2026) These stormwater management measures must: (1) meet the requirements of the State’s Design Manual, this Division II, and the City’s Design Guidelines; and (2) be constructed according to: (i) an approved plan for new development; or (ii) the policies stated in § 23-7 of this Division II for redevelopment. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 22-3 Minimum control requirements. Balt., Md., Code art. 7, § 22-3 (2026) (a) The minimum control requirements for these management measures are as provided in this section and the State’s Design Manual. (b) (1) The criteria in the State’s Design Manual for environmental site design to the maximum extent practicable and the use of environmental site design planning techniques and treatment practices must be exhausted before any structural best management practice or alternative practice is implemented. (2) Stormwater management plans for development projects subject to this Division II must be designed using environmental site design sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the State’s Design Manual. The maximum-extent-practicable standard is met when channel stability is maintained, predevelopment groundwater recharge is replicated, nonpoint source pollution is minimized, and structural stormwater management practices or alternative practices are used only if determined to be absolutely necessary. (c) Runoff from the 10-year frequency storm event must be controlled in accordance with the State’s Design Manual if the Department determines that additional stormwater management is necessary because historical flooding problems exist and downstream floodplain development and conveyance system design cannot be controlled. (d) The Department may require more than the minimum control requirements of the State’s Design Manual if: (1) hydrologic or topographic conditions warrant; or (2) flooding, stream channel erosion, or water quality problems exist downstream from a proposed project. (e) With the approval of the State Water Management Administration, the Department may adopt alternative minimum control requirements that will: (1) implement environmental site design to the maximum extent practicable; and (2) control flood damages, accelerated stream erosion, water quality, and sedimentation. (f) Where applicable, stormwater management and development plans must be consistent with watershed management plans and flood management plans approved by the State Water Management Administration under the Flood Hazard Management Act of 1976. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 22-4 Environmental site design; Structural practices. Balt., Md., Code art. 7, § 22-4 (2026) (a) (1) In designing stormwater management measures, the following must be used, either alone or in combination: (i) environmental site design techniques and practices; and (ii) structural practices. (2) The applicant must demonstrate that environmental site design has been implemented to the maximum extent practicable before the use of a structural best management practice or alternative practice may be considered in developing the stormwater management plan. (3) Stormwater management measures, their selection, basic design criteria, methodologies, and construction specifications: (i) must comply with the State’s Design Manual and the City’s Design Guidelines; and (ii) are subject to approval of the Department and the State Water Management Administration. (4) Environmental site design techniques and practices and structural stormwater management measures used to satisfy the minimum control requirements of § 22-3 of this subtitle: (i) must have easements, as described in § 25-1(b)(1) of this Division II, recorded in the land records of Baltimore City; (ii) must have a recorded inspection and maintenance agreement, as described in § 27-3 of this Division II; and (iii) may not be altered without the Department’s prior approval. (b) (1) The following planning techniques must be applied according to the State’s Design Manual to satisfy the applicable minimum control requirements of § 22-3 of this subtitle: (i) preserving and protecting natural resources; (ii) conserving natural drainage patterns; (iii) minimizing impervious area; (iv) reducing runoff volume; (v) using environmental site design practices to maintain 100% of the annual predevelopment groundwater recharge volume; (vi) using green roofs, permeable pavement, reinforced turf, and other alternative surfaces; (vii) limiting soil disturbance, mass grading, and compaction; (viii) clustering development; and (ix) other practices approved by the Department. (2) The following environmental site design treatment practices must be designed according to the State’s Design Manual and the City’s Design Guidelines to satisfy the applicable minimum control requirements established in § 22-3 of this subtitle: (i) disconnection of rooftop runoff; (ii) disconnection of non-rooftop runoff; (iii) sheetflow to conservation areas; (iv) rainwater harvesting; (v) submerged gravel wetlands; (vi) landscape infiltration; (vii) infiltration berms; (viii) dry wells; (ix) micro-bioretention; (x) rain gardens; (xi) swales; (xii) enhanced filters; and (xiii) other practices approved by the Department. (3) The use of environmental site design planning techniques and treatment practices may not conflict with existing State or local laws, ordinances, regulations, or policies. (c) (1) The following structural stormwater management practices must be designed to satisfy the applicable minimum control requirements of § 22-3 of this subtitle. (i) stormwater management ponds; (ii) stormwater management wetlands; (iii) stormwater management infiltration; (iv) stormwater management filtering systems; (v) stormwater management open channel systems; and (vi) other practices provided in the State’s Design Manual. (2) In selecting structural practices, consideration must be given to the performance criteria specified in the State’s Design Manual for: (i) general feasibility; (ii) conveyance; (iii) pretreatment; (iv) treatment and geometry; (v) environment and landscaping; and (vi) maintenance. (3) Structural practices must accommodate the unique hydrologic or geologic regions of the site. (d) (1) Alternative structural and nonstructural stormwater management practices may be used for new development water quality control if they: (i) meet the performance criteria established in the State’s Design Manual; and (ii) are approved by the State Water Management Administration. (2) Practices used for redevelopment projects must be approved by the Department. (e) (1) For the purposes of modifying the minimum control requirements or design criteria, the applicant must submit to the Department an analysis of the impacts of stormwater flows downstream in the watershed. (2) The analysis must include the hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development upon a dam, highway, structure, or natural point of restricted streamflow. (3) The point of investigation is to be established, with the Department’s concurrence, downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 22-5 Contents of plan. Balt., Md., Code art. 7, § 22-5 (2026) (a) (1) For any proposed development, the applicant must submit phased stormwater management plans to the Department for review and approval. (2) At a minimum, plans must be submitted for the concept, site development, and final stormwater management construction phases of project design. (3) Each plan must: (i) include the minimum content specified in § 22-3 {“Minimum control requirements”} of this subtitle; and (ii) meet the requirements of the State’s Design Manual, the City’s Design Guidelines, and § 22-4 {“Environmental site design; Structural practices”} of this subtitle. (b) (1) The applicant must submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether stormwater management can be provided according to § 22-4 {“Environmental site design; Structural practices”} of this subtitle and the State’s Design Manual. (2) Plans submitted for concept approval must include the following, minimum information: (i) a map that shows, at a scale specified by the Department: A. site location; B. existing natural features; C. water and other sensitive resources; D. topography; and E. natural drainage patterns; (ii) the anticipated location of all: A. impervious areas; B. buildings; C. roadways; D. parking; E. sidewalks; F. utilities; and G. other site improvements; (iii) the location of: A. the proposed limit of disturbance; B. erodible soils; C. steep slopes; and D. areas to be protected during construction; (iv) preliminary estimates of: A. stormwater management requirements; B. the selection and location of environmental site design practices to be used; and C. the location of all points of discharge from the site; (v) a narrative that supports the concept design and describes how environmental site design will be implemented to the maximum extent practicable; and (vi) any other information the Department requires. (c) (1) After approval of the concept plan, the applicant must submit, unless exempted by the Department, at the Department’s discretion, site development plans that reflect comments received during the previous review phase. (2) Plans submitted for site development approval must be of sufficient detail to allow site development to be reviewed. (3) These plans must include the following, minimum information: (i) all information provided during the concept plan review phase; (ii) final site layout, including: A. exact impervious area locations and acreages; B. proposed topography; C. delineated drainage areas at all points of discharge from the site; and D. stormwater volume computations for environmental site design practices and quantity control structures; (iii) a narrative that: A. supports the site development design; B. describes how environmental site design will be used to meet the minimum control requirements; and C. justifies any proposed structural stormwater management or alternative practice measure; and (iv) any other information the Department requires. (d) (1) After site development approval, the applicant must submit final stormwater management plans that reflect the comments received during the previous review phase. (2) Stormwater management plans submitted for final approval must be in the form of construction drawings, in sufficient detail to allow all approvals and permits to be issued, and accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design. (e) The plan must be accompanied by an application for any waiver or variance sought under Subtitle 23 or Subtitle 24. *History: Ord. 02-367* *History: Ord. 10-277* *History: Ord. 13- 095* ##### § 22-6 Report for final plan. Balt., Md., Code art. 7, § 22-6 (2026) The report submitted for final stormwater management plan approval must contain the following, minimum information: (1) a brief narrative description of the project; (2) geotechnical investigations, including soil maps, borings, site specific recommendations, and any additional information necessary to evaluate the final stormwater management design; (3) descriptions of all water courses, impoundments, and wetlands on or adjacent to the site or into which stormwater directly flows; (4) drainage area maps that show pre- development and post-development runoff flow path segmentation and land use; (5) hydrologic computations of the applicable environmental site design and unified sizing criteria, according to the State’s Design Manual, for all points of discharge from the site; (6) hydraulic computations for all environmental site design practices and structural stormwater management measures to be used; (7) structural computations; (8) volume sizing computations, according to the State’s Design Manual, that support the final stormwater management design; and (9) any other information that the Department requires. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 22-7 Construction drawings for final plan. Balt., Md., Code art. 7, § 22-7 (2026) (a) The construction drawings submitted for final stormwater management plan approval must include the following: (1) a vicinity map; (2) a topography survey that shows existing and proposed contours, including the area necessary to determine downstream analysis for proposed stormwater management facilities; (3) any proposed improvements, including the location of buildings or other structures, impervious surfaces, storm drainage facilities, and all grading; (4) the location of existing and proposed structures and utilities; (5) any easements and rights-of-way; (6) the delineation, if applicable, of: (i) the 100-year floodplain; and (ii) any on-site wetlands; (7) structural and construction details, including representative cross sections, for all components of: (i) the proposed drainage system or systems; and (ii) stormwater management facilities; (8) all necessary construction specifications; (9) a sequence of construction; (10) data for: (i) total site area; (ii) disturbed area; (iii) new impervious area; and (iv) total impervious area; (11) a table that shows the environmental site design and unified sizing criteria volumes required by the State’s Design Manual; (12) a table of materials to be used for stormwater management facility planting; (13) all soil boring logs and locations; (14) a maintenance inspection and maintenance activity schedule; (15) a proposed construction and inspection schedule; (16) an as-built certification signature block, to be executed after the project is completed; and (17) any other information that the Department requires. (b) The applicant must certify on the drawings that all grading, drainage, construction, and development will be done in strict accordance with the approved plan. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 22-8 Preparation of plan. Balt., Md., Code art. 7, § 22-8 (2026) (a) The design of all stormwater management plans must be prepared by a professional engineer, professional land surveyor, or landscape architect licensed in the State. (b) If stormwater best management practices require a dam safety permit from the Maryland Department of the Environment or small pond approval from the City, the plan must be prepared by a professional engineer licensed in the State. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 22-9 Easements for runoff. Balt., Md., Code art. 7, § 22-9 (2026) (a) If a stormwater management plan involves directing some or all runoff from the site, the applicant is responsible for obtaining from adjacent property owners any needed easements or property interests for water flow. (b) Approval of a stormwater management plan does not create or affect any right to direct runoff onto adjacent property without that property owner’s permission. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 22-10 Review and approval of plan. Balt., Md., Code art. 7, § 22-10 (2026) (a) (1) The Department must perform a comprehensive review of the plans for each phase of site design to determine compliance with this Division II. (2) For each plan phase, coordinated comments will be provided that reflect input from all appropriate agencies, including Planning, Zoning, and Public Works. (3) At each phase of project design, comments from the Department and other appropriate agencies must be addressed by the applicant and approval received before subsequent submissions. (b) In approving a plan, the Department may impose any conditions that it considers necessary or appropriate to: (1) ensure compliance with this Division II; and (2) preserve the public health and safety. (c) After the Department has completed its comprehensive review for each phase of site design, the Department must notify the applicant of: (1) the Department’s approval of the plan; (2) the Department’s disapproval of the plan, together with: (i) the reasons for disapproval; and (ii) any modifications that the Department requires for approval; or (3) if no decision has yet been made: (i) the status of the review process; and (ii) the anticipated date of completion. (d) A stormwater management plan is not valid until the plan has been endorsed and dated by the Department. *History: Ord. 02-367* *History: Ord. 10-277* #### Subtitle 23 – Waivers ##### § 23-1 Quantitative control waiver. Balt., Md., Code art. 7, § 23-1 (2026) (a) Except as provided for in § 23-5 {“Phased development projects”} of this subtitle, the Department may grant a waiver of quantitative control requirements, applied to the existing impervious cover on the site, for a project if: (1) environmental site design has been implemented to the maximum extent practicable; and (2) 1 or another of the following applies: (i) the project is within an area for which a watershed management plan has been developed consistent with § 23-6 of this subtitle; (ii) the project has a direct, concentrated discharge of stormwater: A. to tidal waters; B. to tidally influenced receiving wetlands; or C. to connected closed storm drainage systems of adequate capacity, as provided in subsection (b) of this section; (iii) the project is an in-fill development to which all of the following apply: A. the project is located in an area designated as a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B; B. the economic feasability of the project is tied to the planned density allowed under the City’s Zoning Code; C. implementation of stormwater management regulations adopted by the State in 2009 would result in a loss of planned density allowed under the City’s Zoning Code; D. the area is served by existing public water, sewer, and stormwater conveyances; E. the quantitative waiver is applied only to the impervious cover that previously existed on the site; F. environmental site design to the maximum extent practicable is used to meet the full water quality treatment requirements for the entire development; and G. environmental site design to the maximum extent practicable is used to provide full quantity control for all new impervious surfaces; (iv) the applicant demonstrates through engineering analysis that unmanaged 10-year and 100-year storm events for the proposed development will not cause erosion, flooding, or an adverse impact on the receiving waters or downstream stormwater conveyance system; or (v) the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices. (b) For purposes of subsection (a)(2)(ii)C of this section, hydrologic and hydraulic investigations must show that the receiving storm drainage system can accommodate anticipated storm water flows from the project site without downstream flooding or stream-bank erosion. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 23-2 Qualitative control waiver. Balt., Md., Code art. 7, § 23-2 (2026) Except as provided for in § 23-5 {“Phased development projects”} of this subtitle, the Department may grant a waiver of qualitative control requirements for a project if: (1) the project will return the disturbed area to a predevelopment runoff condition, such as pipeline or conduit projects, certain landscaping projects, certain maintenance projects, and certain underground projects; (2) the project is an in-fill development project (that is, a development on vacant, bypassed, or underutilized land within an existing developed area) for which: (i) environmental site design has been implemented to the maximum extent practicable; and (ii) it has been demonstrated that other best management practices are not feasible; (3) the project is a redevelopment project for which the requirements of § 23-7 of this subtitle are satisfied; or (4) the Department determines that circumstances exist that prevent the reasonable implementation of environmental site design to the maximum extent practicable. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 23-3 Conditions of waiver. Balt., Md., Code art. 7, § 23-3 (2026) (a) A waiver may be granted only on a case-by-case basis, after considering the cumulative effects of the Department’s waiver policy. (b) A waiver may be granted only if it reasonably ensures that the development will not adversely impact stream quality. (c) The Department may require a person who is granted a waiver to pay a fee in-lieu-of on-site management. *History: Ord. 02-367* ##### § 23-4 Applications. Balt., Md., Code art. 7, § 23-4 (2026) (a) The application for a waiver must: (1) be in the form that the Department requires; (2) contain the descriptions, drawings, and other information needed to evaluate the proposed waiver; (3) contain any other information that the Department requires; and (4) be submitted to the Department with the applicant’s proposed stormwater management plan. (b) A separate application is required for subsequent additions, extensions, or modifications to a development. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 23-4.1 Public notices and comment. Balt., Md., Code art. 7, § 23-4.1 (2026) (a) (1) When an application for a waiver is submitted, the Department shall prepare and post on its website, available for download, a public notice of the application. (2) The public notice shall include: (i) the applicant’s name and address; (ii) a description of the location and nature of the activity for which the application is made; (iii) the name, address, and telephone number of the office within the Department from which persons may obtain information about the application; (iv) a statement that any further notices about actions on the application will be posted on the Department’s website; (v) a description of how persons may submit information or comments about the application; and (vi) the date when the public comment period closes, not to exceed 30 days, and by which information or comments must be received by the Department. (b) The Department also shall mail or email public notices to: (1) all contiguous property owners; (2) the City Councilmember in whose district the property is located; and (3) persons who have submitted information or comments about the application. (c) Comments on an application must be submitted in writing to the Department before the close of the public comment period, as specified in the public notice. *History: Ord. 10-277* ##### § 23-5 Phased development projects. Balt., Md., Code art. 7, § 23-5 (2026) The Department may grant a quantitative and qualitative control waiver for a phased development project if: (1) by May 4, 2010, a stormwater system has been constructed that is designed to meet: (i) the regulatory requirements for stormwater adopted in 2000 by the Maryland Department of the Environment; and (ii) the requirements of this Division II, as in effect on July 27, 2002; or (2) for future phases of a phased development project that are constructed after May 4, 2010: (i) the regulatory requirements for stormwater adopted in 2009 by the Maryland Department of the Environment cannot be met; and (ii) the applicant demonstrates that all reasonable efforts were made to incorporate environmental site design into these phases of the development. *History: Ord. 10-277* ##### § 23-6 Watershed management plan. Balt., Md., Code art. 7, § 23-6 (2026) (a) (1) The Department may develop an overall watershed management plan for the purpose of implementing different policies for waivers and redevelopment. (2) If the Department establishes a watershed management plan for a specific watershed, the Department may develop quantitative control waivers and redevelopment provisions that differ from § 23-1(a)(2)(ii) through (v) and § 23-7. (3) (i) If the Department establishes a watershed management plan for a specific watershed, then the Department may develop separate policies, reviewed and approved by the State Water Management Administration, for providing water quality control. (ii) These separate policies may include: A. retrofitting; B. stream restoration; C. pollution trading; D. design criteria based on watershed management plans developed under § 23-6(b) of this Division II; E. payment of offset fees that are dedicated exclusively to provide for stormwater management within the same watershed as the proposed development; or F. other policies developed by the Department. (b) For this purpose, the watershed management plan must: (1) include detailed hydrologic and hydraulic analyses to determine hydrograph timing; (2) include an evaluation of both quantity and quality management and of opportunities for environmental site design implementation; (3) include a cumulative impact assessment of current and proposed watershed development; (4) identify existing flooding conditions and receiving stream channel conditions; (5) be prepared at a reasonable scale; (6) specify where on-site or off-site quantitative and qualitative controls are to be implemented; (7) be consistent with the General Performance Standards for Stormwater Management in Maryland, found in Section 1.2 of the State’s Design Manual; and (8) be approved by the State Water Management Administration. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 23-7 Redevelopment. Balt., Md., Code art. 7, § 23-7 (2026) (a) (1) Stormwater management plans are required for all redevelopment, unless otherwise specified by watershed management plans developed under § 23-6(b) of this subtitle. (2) Stormwater management measures must be consistent with the State’s Design Manual. (b) Unless otherwise specified by the Department, a redevelopment project need not comply with requirements of the State’s Design Manual for: (1) recharge volume; (2) channel protection storage volume; (3) overbank flood protection volume; and (4) extreme flood protection volume. (c) (1) All redevelopment projects must, in accordance with the State’s Design Manual, reduce existing site impervious areas within the limits of disturbance by at least 50%. (2) If site conditions prevent the reduction of impervious area, then environmental site design practices must be implemented to the maximum extent practicable for at least 50% of the site’s existing impervious area within the limits of disturbance. (3) If a combination of impervious area reduction and stormwater practice implementation is used, the combined area must equal or exceed 50% of the site’s existing impervious area within the limits of disturbance. (d) (1) Alternative stormwater management measures may be used to meet the requirements of subsection (c) of this section if the applicant satisfactorily demonstrates to the Department that: (i) impervious area reduction has been maximized; and (ii) environmental site design has been implemented to the maximum extent practicable. (2) Alternative stormwater management measures include: (i) an on-site structural best management practice; (ii) off-site implementation of structural best management practices to provide water quality treatment for an area equal to at least 50% of the existing impervious area within the limits of disturbance; and (iii) a combination of impervious area reduction, environmental site design implementation, and an on-site or off-site structural best management practice for an area equal to at least 50% of the existing site impervious area within the limits of disturbance. (e) (1) The Department may develop separate policies for providing water quality treatment for redevelopment projects if the Department determines that the provisions of subsections (c) and (d) of this section have been implemented to the maximum extent practicable. (2) The Department’s criteria for separate policies are outlined in the City’s Design Guidelines. (3) Any separate redevelopment policy must be reviewed and approved by the State Water Management Administration. (4) These separate policies may include: (i) a combination of impervious area reduction, environmental site design, and on-site and off-site structural best management practices; (ii) retrofitting to improve water quality over current conditions by: A. construction of structural best management practices in a previously developed area; or B. modification of existing structural best management practices; (iii) watershed or stream restoration; (iv) pollution trading; (v) design criteria based on watershed management plans developed under § 23-6(b) of this subtitle; (vi) payment of offset fees that are dedicated exclusively for stormwater management within the same watershed as the proposed development; (vii) a partial waiver of the treatment requirements if environmental site design is not practicable; or (viii) other practices approved by the Department. (5) The Department will determine during the concept design phase which alternative measures may be made available. Prioritization of the alternative measures listed in paragraph (4) of this subsection must be considered after a determination by the Department that it is not practical to meet the 2009 regulatory requirements using environmental site design. (6) When determining which alternative measures may be authorized under paragraph (4) of this subsection for a project, the Department may consider whether: (i) the redevelopment project is located in an area designated as: A. a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B; B. a transit oriented development area under State Transportation Article Title 7, Subtitle 1; or C. a base realignment and closure revitalization and incentive zone under State Economic Development Article Title 5, Subtitle 13; (ii) the redevelopment project is necessary to accommodate growth consistent with the City’s comprehensive plan for the area in which the project will be located; or (iii) bonding and financing have been secured based on an approval of a redevelopment plan approved by the Department. (f) For any net increase in impervious area resulting from the project, stormwater management must be addressed according to the new development requirements of the State’s Design Manual. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 23-8 Administrative waiver. Balt., Md., Code art. 7, § 23-8 (2026) (a) (1) An administrative waiver is a decision by the Department to allow construction of a development project to be governed by the provisions of this Division II, as in effect on May 4, 2009. (2) An administrative waiver does not include quantitative or qualitative control waivers issued under § 23-1, § 23-2, or § 23-5 of this Division II. (b) (1) An administrative waiver may be granted by the Department to a development project that, on or before May 4, 2010, has received preliminary project approval as part of a preliminary or planning review process. (2) At a minimum, a preliminary project approval includes: (i) the number of planned dwelling units or lots; (ii) the proposed project density; (iii) the proposed size and location of all land uses for the project; (iv) a plan that identifies: A. the proposed drainage patterns; B. the location of all points of discharge from the site; and C. the type, location, and size of all stormwater management measures based on site-specific stormwater management requirement computations; and (v) any other information that the Department requires. (3) An approval granted under this subsection does not require approval of an erosion and sediment control plan as a condition for the approval. (c) Except as provided by subsection (d) of this section, an administrative waiver granted under subsection (b) of this section expires on: (1) May 4, 2013, if the development project does not have final erosion and sediment control and final stormwater management approval on or before that date; or (2) May 4, 2017, if the development project receives final erosion and sediment control and final stormwater management approval on or before May 4, 2013. (d) (1) Except as provided in paragraph (2) of this subsection, an administrative waiver may not be extended. (2) The Department may grant an extension for an administrative waiver only if, by May 4, 2010, a development project: (i) has received a preliminary project approval as provided for in subsection (b) of this section; and (ii) was subject to: A. a development rights and responsibilities agreement; B. a tax increment financing approval; or C. an annexation agreement. (3) When an agreement or approval identified in paragraph (2)(ii) of this subsection expires, any administrative waiver that was extended will expire. (e) Construction authorized by an administrative waiver granted under this section must be completed, with an occupancy permit issued under the Building Code and a use permit issued under the Zoning Code, on or before either: (1) May 4, 2017; or (2) the expiration date specified for any extension granted under subsection (d) of this section. *History: Ord. 10-277* #### Subtitle 24 – Variances ##### § 24-1 When authorized. Balt., Md., Code art. 7, § 24-1 (2026) The Department may grant a variance from any requirement of this Division II if, because of exceptional circumstances applicable to the site, strict adherence to that requirement will result in unnecessary hardship and not fulfill the intent of this Division II. *History: Ord. 02-367* ##### § 24-2 Application for variance. Balt., Md., Code art. 7, § 24-2 (2026) The application for a variance must: (1) be in the form that the Department requires; (2) state the specific variance sought; (3) explain why the variance is needed; (4) contain any other information that the Department requires; and (5) be submitted to the Department with the applicant’s proposed stormwater management plan. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 24-2.1 Public notices and comment. Balt., Md., Code art. 7, § 24-2.1 (2026) (a) (1) When an application for a variance is submitted, the Department shall prepare and post on its website, available for download, a public notice of the application. (2) The public notice shall include: (i) the applicant’s name and address; (ii) a description of the location and nature of the activity for which the application is made; (iii) the name, address, and telephone number of the office within the Department from which persons may obtain information about the application; (iv) a statement that any further notices about actions on the application will be posted on the Department’s website; (v) a description of how persons may submit information or comments about the application; and (vi) the date when the public comment period closes, not to exceed 30 days, and by which information or comments must be received by the Department. (b) The Department also shall mail or email public notices to: (1) all contiguous property owners; (2) the City Councilmember in whose district the property is located; and (3) persons who have submitted information or comments about the application. (c) Comments on an application must be submitted in writing to the Department before the close of the public comment period, as specified in the public notice. *History: Ord. 10-277* ##### § 24-3 Justification required. Balt., Md., Code art. 7, § 24-3 (2026) The Department may not grant a variance unless the applicant provides sufficient satisfactorily demonstrates that the implementation of environmental site design to the maximum extent practicable has been thoroughly investigated. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 24-4 Offset fee. Balt., Md., Code art. 7, § 24-4 (2026) The Department may require a person who is granted a variance to pay an offset fee to the City. *History: Ord. 02-367* #### Subtitle 25 – Permits; Fees; Security ##### § 25-1 Approved plan prerequisite to permits. Balt., Md., Code art. 7, § 25-1 (2026) (a) For any development that requires a stormwater management plan under this Division II, a grading or building permit may not be issued unless a final erosion and sediment control plan and a stormwater management plan has been approved by the Department. (b) A building permit may not be issued without: (1) recorded easements, as needed: (i) for the environmental site design techniques and practices and structural stormwater management measures, as provided for in the approved stormwater management plan; and (ii) to provide adequate access for inspection and maintenance from a public right-of-way; (2) a recorded stormwater management maintenance agreement, as described in § 27-3 of this Division II; (3) a performance bond; and (4) all necessary permissions from adjacent property owners. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 25-2 Fees. Balt., Md., Code art. 7, § 25-2 (2026) (a) Non-refundable fees will be assessed and collected in advance by the Department for each phase of a development. (b) (1) The fees assessed under this Division II are in addition to the usual fees charged for grading or building permits. (2) Fees shall be assessed for plan reviews, waivers, offsets, stormwater approvals, administration and management of the approval process, inspections, “small-project” exemptions under § 21-6(b)(4) of this Division II, fees in lieu, and the like. (3) The amount of these fees shall be based on the relative complexity of a project, in accordance with a fee schedule established from time to time by the Board of Estimates. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 25-3 Performance security. Balt., Md., Code art. 7, § 25-3 (2026) (a) For any development that requires a stormwater management plan under this Division II, a grading or building permit may not be issued until the applicant posts a surety or cash bond, or other means of security acceptable to the Department. (b) The amount of the security may not be less than the total estimated construction cost of the stormwater management facility. This estimate must be prepared by the applicant and submitted with the plan. (c) The security required by this section must provide for forfeiture on failure to: (1) complete all work specified in the approved stormwater management plan; (2) comply with any provision of this Division II or of any other applicable law or regulation; or (3) comply with any applicable time limitations. (d) The security may not be released until: (1) the Department conducts a final inspection of the completed work; (2) the applicant submits “as-built” plans to the Department, containing an executed as-built certification block; and (3) the Department verifies that the stormwater management facilities: (i) have been completed; and (ii) comply with the approved plan and this Division II. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 25-4 Permit suspension or revocation. Balt., Md., Code art. 7, § 25-4 (2026) After written notice to the permit holder, the Department may suspend or revoke any grading or building permit for any of the following reasons: (1) any violation of the conditions of the stormwater management plan approval; (2) any change in the site runoff characteristics on which a plan approval or waiver was granted; (3) construction not in accordance with the approved plan; (4) failure to comply with a correction notice or stop work order issued for the facility; or (5) a finding by the Department that an immediate danger exists in a downstream area. *History: Ord. 02-367* *History: Ord. 10-277* #### Subtitle 26 – Inspections ##### § 26-1 By whom conducted. Balt., Md., Code art. 7, § 26-1 (2026) All inspections under this Division II must be: (1) conducted by an authorized representative of the Department; or (2) certified by a professional engineer licensed in this State. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 26-2 Notices by applicant. Balt., Md., Code art. 7, § 26-2 (2026) The applicant must notify the Department: (1) at least 48 hours before starting any work in conjunction with site development; (2) at least 48 hours before starting any work in conjunction with the stormwater management plan; and (3) on completion of the project. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 26-3 Inspections during construction. Balt., Md., Code art. 7, § 26-3 (2026) (a) At a minimum, regular inspections must be made and documented, at the stages of construction specified in this section, for each environmental site design planning technique and practice and each structural and nonstructural stormwater management practice. (b) For ponds: (1) On completion of excavation to sub-foundation and, when required, installation of structural supports or reinforcement for structures, including: (i) core trenches for structural embankments; (ii) inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes; and (iii) trenches for enclosed storm drainage facilities; (2) during placement of structural fill or concrete and installation of piping and catch basins; (3) during backfill of foundations and trenches; (4) during embankment construction; and (5) on completion of final grading and establishment of permanent stabilization. (c) For wetlands: (1) at the stages specified in subsection (b) of this section for pond construction; (2) during and after wetland reservoir area planting; and (3) during the second growing season to verify a vegetation survival rate of at least 50%. (d) For infiltration trenches: (1) during excavation to subgrade; (2) during placement and backfill of underdrain systems and observation wells; (3) during placement of geotextiles and all filter media; (4) during construction of appurtenant conveyance systems, such as diversion structures, pre-filters and filters, inlets, outlets, and flow distribution structures; and (5) on completion of final grading and establishment of permanent stabilization. (e) For infiltration basins: (1) at the stages specified in subsection (b) of this section for pond construction; and (2) during placement and backfill of underdrain systems. (f) For filtering systems: (1) during excavation to subgrade; (2) during placement and backfill of underdrain systems; (3) during placement of geotextiles and all filter media; (4) during construction of appurtenant conveyance systems, such as flow diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and (5) on completion of final grading and establishment of permanent stabilization. (g) For open channel systems: (1) during excavation to subgrade; (2) during placement and backfill of underdrain systems for dry swales; (3) during installation of diaphragms, check dams, or weirs; and (4) on completion of final grading and establishment of permanent stabilization. (h) For environmental site design and nonstructural practices: (1) on completion of final grading; (2) on establishment of permanent stabilization; and (3) before issuance of an occupancy permit under the Building Code and a use permit under the Zoning Code. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 26-4 Inspection reports. Balt., Md., Code art. 7, § 26-4 (2026) (a) Written reports must be made of all inspections conducted during construction. (b) Each inspection report must specify: (1) the date and location of the inspection; (2) whether the construction complies with the approved stormwater management plan; (3) any variations from the approved construction specifications; (4) any violations found; and (5) any other information that the Department requires. (c) The Department must provide the applicant with the results of each inspection report as soon as possible after the inspection. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 26-5 Work stoppage pending inspection. Balt., Md., Code art. 7, § 26-5 (2026) At the completion of each construction stage for which an inspection is required, no further work may be done until the Department inspects and approves the work completed to date. *History: Ord. 02-367* ##### § 26-6 Final inspection. Balt., Md., Code art. 7, § 26-6 (2026) A final inspection must be conducted after construction is completed. *History: Ord. 02-367* ##### § 26-7 As-built certification. Balt., Md., Code art. 7, § 26-7 (2026) (a) Once construction is complete, the applicant must submit to the Department an as-built plan certification by a professional engineer or professional land surveyor licensed in the State. (b) The certification must certify that the completed stormwater management practices and conveyance systems comply with the specifications contained in the approved plan. (c) The certification must include: (1) a set of drawings that compare the approved stormwater management plan with what has been constructed; and (2) any other information that the Department requires. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 26-8 Notice to State Administration. Balt., Md., Code art. 7, § 26-8 (2026) (a) For each stormwater management practice completed, the Department must submit a notice of construction to the State Water Management Administration. (b) The notice must be submitted: (1) within 45 days of construction completion; and (2) on the form that the Administration supplies. (c) The notice must report, on a site-by-site basis, the type, number, total drainage area, and total impervious area treated by all environmental site design techniques and practices and structural stormwater management practices. *History: Ord. 02-367* *History: Ord. 10-277* #### Subtitle 27 – Maintenance ##### § 27-1 Maintenance responsibility. Balt., Md., Code art. 7, § 27-1 (2026) (a) The maintenance of private stormwater management facilities is the responsibility of: (1) the owner of the property; and (2) any other person in control of the property. (b) The owner of a property that contains private stormwater management facilities installed under this Division II or any other person in control of that property must, in perpetuity, maintain in good condition and promptly repair and restore all: (1) environmental site design practices; (2) stormwater management facilities; (3) grade surfaces, walls, drains, dams, and structures; (4) vegetation; (5) erosion and sediment control measures; and (6) other protective devices. (c) All maintenance, repairs, and restoration must be in accordance with the approved stormwater management plan. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 27-2 Maintenance schedule. Balt., Md., Code art. 7, § 27-2 (2026) (a) A maintenance schedule must be developed for the life of every stormwater management facility or system of environmental site design practices. (b) The schedule must specify: (1) the maintenance to be completed; (2) the time for completing that maintenance; and (3) the person responsible for performing that maintenance. (c) The maintenance schedule must be printed on the approved stormwater management plan. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 27-3 Maintenance agreement. Balt., Md., Code art. 7, § 27-3 (2026) (a) Before any grading or building permit may be issued for a project for which a private stormwater management facility is required, the owner must execute an inspection and maintenance agreement binding on all current and subsequent owners of land served by the facility. (b) The agreement must provide for access to the facility, at all reasonable times, for regular inspections by the Department or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards. (c) (1) A performance bond, with amount, terms, and provisions acceptable to the Department, must be provided. (2) The agreement must provide for forfeiture of the performance bond if, after written notice by the Department to correct any nonconformance with an approved plan, the owner fails to make satisfactory corrections within a reasonable time, not to exceed 30 days, unless extended for good cause shown. (d) The owner must record the agreement in the land records of Baltimore City. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 27-4 Maintenance inspections. Balt., Md., Code art. 7, § 27-4 (2026) (a) (1) The Department must periodically inspect all environmental site design practices and structural stormwater management measures to ensure that preventative maintenance is being performed. (2) These inspections must be made: (i) at least once during the 1st year of operation; and (ii) at least once every 3 years following. (b) (1) The Department must maintain inspection reports for all stormwater management systems. (2) These inspection reports must include the following: (i) the date of inspection; (ii) the name of the inspector; (iii) an assessment of the quality of the stormwater management system related to environmental site design treatment practice efficiency and the control of runoff to the maximum extent practicable; (iv) the condition of: A. vegetation and filter media; B. fences and other safety devices; C. spillways, valves, and other control structures; D. embankments, slopes, and safety benches; E. reservoir and treatment areas; F. inlet and outlet channels and structures; G. underground drainage; H. sediment and debris accumulation in storage and forebay areas; I. any nonstructural practices to the extent practicable; and J. any other item that could affect the proper function of the stormwater management system; and (v) a description of needed maintenance. *History: Ord. 02-367* *History: Ord. 10-277* ##### § 27-5 Deficiencies. Balt., Md., Code art. 7, § 27-5 (2026) (a) The department must promptly notify the owner of any deficiencies discovered from a maintenance inspection. (b) The owner must correct the deficiencies: (1) within 30 days of the notice; or (2) by any other time to which the Department and the owner agree. (c) The Department must conduct a subsequent inspection to ensure completion of all required repairs. (d) If repairs are not made or are not done properly, the Department may take any enforcement action authorized by Subtitle 28 of this article or otherwise by law. (e) (1) If, after an inspection by the Department, the condition of a stormwater management facility is determined to present an immediate danger to the public health or safety, the Department may take whatever action is necessary to protect the public and make the facility safe. (2) The Department may assess against the owner the costs incurred under this subsection. *History: Ord. 02-367* *History: Ord. 10-277* #### Subtitle 28 – Enforcement; Reviews; Penalties ##### § 28-1 Violation notices. Balt., Md., Code art. 7, § 28-1 (2026) (a) If a violation is found, the Department must provide written notice of the violation to: (1) the developer or owner; and (2) the on-site personnel. (b) A violation notice must describe: (1) the nature of the violation; and (2) the required corrective action. *History: Ord. 02-367* ##### § 28-2 Enforcement of notice. Balt., Md., Code art. 7, § 28-2 (2026) (a) The Department may take any one or a combination of the following actions to enforce a violation notice. (b) If a violation persists after issuance of a violation notice, the Department may issue a stop work order for the site. (c) If reasonable efforts to correct the violation have not been undertaken, the Department may: (1) cause the performance bond or other securities to be forfeited; and (2) refer the matter for legal action. (d) (1) The Department may impose civil fines for minor infractions of this Division II. (2) A schedule of fines, not to exceed $500 for any one offense, shall be established and may be amended from time to time by the Department with the approval of the Baltimore City Board of Estimates. *History: Ord. 02-367* ##### §§ 28-3 to 28-4 Balt., Md., Code art. 7, § 28-3 to 28-4 (2026) Reserved ##### § 28-5 Administrative review – In general. Balt., Md., Code art. 7, § 28-5 (2026) (a) Any person aggrieved by the action of any official charged with the enforcement of this Division II, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division II, or otherwise: (1) may appeal the action to the Director of Public Works; and (2) on timely request, is entitled to a hearing on that appeal. (b) The appeal must: (1) be in writing; (2) state clearly the grounds on which the appeal is based; (3) if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and (4) be filed with the Director within 10 days of the action in dispute. *History: Ord. 02-367* *History: Ord. 14-307* *History: Ord. 19-332* ##### § 28-6 Administrative review – Delegation of hearing authority. Balt., Md., Code art. 7, § 28-6 (2026) (a) Hearings may be conducted by: (1) the Director of Public Works; or (2) a hearing officer designated by the Director. (b) The Director may delegate to a hearing officer the authority to issue: (1) proposed or final findings of fact; (2) proposed or final conclusions of law; (3) proposed or final findings of fact and conclusions of law; (4) proposed or final orders; or (5) the final administrative decision of the Department. *History: Ord. 02-367* ##### § 28-7 Administrative review – Conduct of hearing. Balt., Md., Code art. 7, § 28-7 (2026) (a) (1) The Director of Public Works must provide all parties reasonable written notice of the hearing. (2) The notice must state: (i) the date, time, place, and nature of the hearing; (ii) the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; (iii) the right of a party to call witnesses and submit documents or other evidence under § 28-8 of this subtitle; and (iv) that failure to appear for the scheduled hearing may result in an adverse action against the party. (b) Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be: (1) open to the public; and (2) conducted in an orderly but informal manner. *History: Ord. 02-367* ##### § 28-8 Administrative review – Evidence. Balt., Md., Code art. 7, § 28-8 (2026) (a) Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply. (b) On a genuine issue of fact, a party is entitled to: (1) call witnesses; (2) offer evidence, including rebuttal evidence; (3) cross-examine any witness that another party or the Department calls; and (4) present summation and argument. (c) The Director or hearing officer: (1) may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; (2) may not exclude evidence solely on the basis that it is hearsay; (3) must give effect to a privilege recognized by law; (4) may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; (5) may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and (6) may exclude evidence that is: (i) incompetent; (ii) irrelevant; (iii) immaterial; or (iv) unduly repetitious. *History: Ord. 02-367* ##### § 28-9 Administrative review – Final decisions. Balt., Md., Code art. 7, § 28-9 (2026) (a) A final decision must: (1) be in writing; and (2) contain separate statements of: (i) the findings of fact; (ii) the conclusions of law; and (iii) the decision or order. (b) A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record. *History: Ord. 02-367* ##### § 28-10 Balt., Md., Code art. 7, § 28-10 (2026) Reserved ##### § 28-11 Judicial and appellate review. Balt., Md., Code art. 7, § 28-11 (2026) (a) A party aggrieved by a final decision of the Department under this Division II may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 02-367* *History: Ord. 04-672* *History: Ord. 19-332* ##### § 28-12 Balt., Md., Code art. 7, § 28-12 (2026) Reserved ##### § 28-13 Criminal penalties. Balt., Md., Code art. 7, § 28-13 (2026) (a) Any person who violates any provision of this Division II or of any rule or regulation adopted under or incorporated into this Division II is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both fine and imprisonment for each violation. (b) Each day that a violation continues is a separate offense. *History: Ord. 02-367* #### Subtitles 29 to 30 ### Division III – Soil Erosion and Sediment Control #### Subtitle 31 – Definitions; General Provisions ##### § 31-1 Definitions. Balt., Md., Code art. 7, § 31-1 (2026) (a) In this Division III, the following terms shall have the meanings indicated. (b) “Applicant” means the person that executes the necessary forms to apply for a permit or approval to carry out construction of a project. (c) “Clear” means to remove the vegetative ground cover while leaving the root mat intact. (d) “Department” means the Baltimore City Department of Public Works. (e) See “Owner; developer”. (f) “Environmental site design” means using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and to minimize the impact of land development on water resources. (g) “Erosion” means the process by which land surface is worn away by the action of wind, water, ice, or gravity. (h) “Erosion and sediment control” means a system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation. (i) “Grade” means to disturb earth by any one or combination of methods, including excavating, filling, stockpiling, grubbing, or removing root mat or topsoil. (j) (k) “Interested person” means a person who has a legal right that could be directly and adversely affected by a specific erosion or sediment control issue. (l) (1) “Owner” or “developer” means a person: (i) undertaking activities covered by this Division III; or (ii) for whose benefit activities covered by this Division III are undertaken. (2) “Owner” or “developer” does not include a general contractor or subcontractor that does not have a proprietary interest in the project. (m) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this Division III “person” also includes, except as used in § 35-13(b){“Criminal penalties”}, a governmental entity or an instrumentality or unit of a governmental entity. (n) “Responsible personnel” means any foreperson, superintendent, project engineer, or other individual who is in charge of: (1) on-site clearing and grading operations; or (2) the implementation and maintenance of an erosion and sediment control plan. (o) “Sediment” means soils or other surficial materials that are the product of erosion and are transported or deposited by the action of wind, water, ice, gravity, or artificial means. (p) “Site” means any tract, lot, parcel of land, or area of construction, or any combination of tracts, lots, parcels of land, or areas of construction that are: (1) in one ownership; or (2) in diverse ownership, but where: (i) development is to be performed as part of a unit, subdivision or project; and (ii) either: A. the tracts, lots, or parcels of land are contiguous; or B. the developer is a cooperative public-private undertaking. (q) “Standards and Specifications” means the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control or any subsequent revisions. (r) “Stormwater” means water that originates from a precipitation event. (s) “Stormwater management system” means a system of natural areas, environmental site design practices, stormwater management practices, and any structure through which stormwater flows, infiltrates, or discharges from a site. *History: Ord. 13-095* *History: Ord. 22-125* ##### § 31-2 Rules of interpretation. Balt., Md., Code art. 7, § 31-2 (2026) (a) In interpreting and applying this Division III, the following rules of interpretation apply: (i) those contained in Subtitles 2 and 3 of the City Code’s General Provisions Article; and (ii) any additional rules contained in this section. (b) (1) In their interpretation and application the provisions of this Division III must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. (2) If any condition imposed by a provision of this Division III is either more or less restrictive than a comparable condition imposed by any other provision of this Division or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. *History: Ord. 13-095* *History: Ord. 22-125* ##### § 31-3 Incorporation by reference. Balt., Md., Code art. 7, § 31-3 (2026) (a) For the purposes of this Division III, the following documents are incorporated by reference: (1) the 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control or any subsequent revisions of it, which serves as the official City guide for soil erosion and sediment control principles, methods, and practices; and (2) the City’s Erosion and Sediment Control Manual, which supplements the State’s Standards and Specifications as it relates to soil erosion and sediment control principals, methods, and practices in the City. (b) (1) Terms used in the Standards and Specifications have the meanings ascribed to them in that document or otherwise by the Maryland Department of the Environment. (2) These terms include, among others: (i) “Adverse impact”. (ii) “Grading unit”. (iii) “Maximum extent practicable”. (iv) “Watershed”. *History: Ord. 13-095* ##### § 31-4 Purpose, goal, authority. Balt., Md., Code art. 7, § 31-4 (2026) (a) The purpose of this Division III is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with land disturbances. (b) The goal of this Division III is to minimize soil erosion and prevent off-site sedimentation by using soil erosion and sediment control practices designed in accordance with governing law and regulations. (c) This Division III is adopted under the authority of State Environment Article, Title 4, Subtitle 1. *History: Ord. 13-095* ##### § 31-5 Administration. Balt., Md., Code art. 7, § 31-5 (2026) (a) The Baltimore City Department of Public Works is responsible for administering and enforcing this Division III. (b) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department may adopt rules and regulations to carry out this Division III. *History: Ord. 13-095* *History: Text Conformed 02/16/21* ##### §§ 31-6 to 31-8 Balt., Md., Code art. 7, § 31-6 to 31-8 (2026) Reserved ##### § 31-8 Prohibited conduct generally. Balt., Md., Code art. 7, § 31-8 (2026) Except as otherwise provided in this Division III, no person may disturb land without implementing soil erosion and sediment controls in accordance with this Division III and the Standards and Specifications. *History: Ord. 13-095* ##### § 31-9 Exemptions. Balt., Md., Code art. 7, § 31-9 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) (i) “Agricultural land management practices” means those methods and procedures used in the cultivation of land to further crop and livestock production and conservation of related soil and water resources. (ii) “Agricultural land management practices” does not include logging and timber removal operations. (3) “Best management practice” means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. (b) The following activities are exempt from this Division III: (1) agricultural land management practices; (2) agricultural best management practices; (3) clearing or grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth; and (4) clearing or grading activities that are subject exclusively to State approval and enforcement under State law and regulations. *History: Ord. 13-095* ##### § 31-10 Variances. Balt., Md., Code art. 7, § 31-10 (2026) (a) The Department may grant a variance from any requirement of this Division III if, because of exceptional circumstances applicable to the site, strict adherence to that requirement will result in exceptional hardship and not fulfill the intent of this Division III. (b) The application for variance must: (i) be in the form that the Department requires; (ii) state the specific variance sought; (iii) explain why the variance is needed; (iv) contain any other information that the Department requires; and (v) be submitted to the Department with the applicant’s proposed site development plan. *History: Ord. 13-095* #### Subtitle 32 – Erosion and Sediment Control Plans ##### § 32-1 Definitions. Balt., Md., Code art. 7, § 32-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Approval” means a documented action by the Department following a comprehensive review to determine and acknowledge that submitted materials demonstrate compliance with the requirements of a specified stage in a project’s development process. (2) “Approval” does not include an acknowledgment by the Department that material has been received for review. (c) “Drainage area” means an area, measured in a horizontal plane, that: (1) contributes runoff to a single point; and (2) is enclosed by a ridge line. (d) “Stabilization” means the protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measures, or structural means. *History: Ord. 13-095* ##### § 32-2 Plans required. Balt., Md., Code art. 7, § 32-2 (2026) Except as otherwise provided in this Division III, no person may grade land without erosion and sediment control plans approved by the Department. *History: Ord. 13-095* ##### § 32-3 Review and approval of plans. Balt., Md., Code art. 7, § 32-3 (2026) (a) (1) The Department must comprehensively review erosion and sediment control plans for each phase of the site design to determine compliance with this Division III. (2) For each plan phase, coordinated comments will be provided that reflect input from all appropriate agencies, including Planning, Zoning, and Public Works. (3) At each phase of project design, comments from the Department and other appropriate agencies must be addressed by the applicant and approval received before subsequent submissions. (b) In approving a plan, the Department may impose conditions that the Department considers necessary or appropriate to ensure: (1) compliance with this Division III; and (2) the preservation of public health and safety. (c) After the Department has completed its comprehensive review for each phase of site design, the Department must notify the applicant of either: (1) the Department’s approval of the plan; (2) the Department’s disapproval of the plan, together with: (i) the reasons for disapproval; and (ii) any modifications that the Department requires for approval; or (3) if no decision has been made: (i) the status of the review process; and (ii) the anticipated date of completion. (d) (1) The final erosion and sediment control plan may not be considered approved without the inclusion of the Department’s dated signature on the plan. (2) Approved plans remain valid for 2 years from the date of approval, unless extended or renewed by the Department. (e) (1) Any plans that receive final approval after January 9, 2013, must be in compliance with the requirements of this Division III and the Standards and Specifications. (2) A plan that receives final approval on or before January 9, 2013, may be reapproved under its existing conditions, except for stabilization requirements, if grading activities begin on the site on or before January 9, 2015. (3) Stabilization practices on all sites must be in compliance with the requirements of this Division III and the Standards and Specifications on or before January 9, 2013, regardless of when an approved erosion and sediment control plan was approved. *History: Ord. 13-095* ##### § 32-4 Contents of plans. Balt., Md., Code art. 7, § 32-4 (2026) (a) An applicant is responsible for submitting erosion and sediment control plans that meet the requirements of the Department, this Division III, and all other applicable provisions of the Baltimore City Code. (b) The plans must include sufficient information to evaluate: (1) the environmental characteristics of the affected areas; (2) the potential impacts of the proposed grading on water resources; and (3) the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation. (c) At a minimum, applicants must submit the following information for the concept, site development, and final erosion and sediment control phases of project design: (1) a letter of transmittal or application; (2) a vicinity map indicating north arrow, scale, site location, and other information necessary to easily locate the property; (3) plan submittals as specified in § 32-5 {“Concept plan”}, § 32-6 {“Site development plan”}, and § 32-7 Final ... plans”}; and (4) the name, address, and telephone number of: (i) the owner of the property where the grading is proposed; (ii) the developer; and (iii) the applicant. *History: Ord. 13-095* ##### § 32-5 Concept plan. Balt., Md., Code art. 7, § 32-5 (2026) (a) The applicant must submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether erosion and sediment control can be provided according to this Division III. (b) Plans submitted for concept approval must include: (1) a map, at a scale specified by the Department, showing: (i) the proposed limit of disturbance; (ii) topography; (iii) existing natural resources; (iv) wetlands; (v) floodplains; (vi) water bodies; (vii) highly erodible soils; (viii) natural drainage patterns; and (ix) any other sensitive areas to be protected during construction; (2) a general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the local soil conservation district or the USDA Natural Resources Soil Conservation Service; (3) the anticipated location of all: (i) impervious areas; (ii) buildings; (iii) roadways; (iv) parking; (v) sidewalks; (vi) utilities; and (vii) other site improvements; and (4) any other information that the Department requires. *History: Ord. 13-095* ##### § 32-6 Site development plan. Balt., Md., Code art. 7, § 32-6 (2026) (a) Unless otherwise directed by the Department, after approval of the concept plan, the applicant must submit site development plans that reflect comments received during the previous review phase. (b) Plans submitted for site development approval must be of sufficient detail to allow site development to be reviewed and must include: (1) all information provided during the concept plan review phase; (2) drainage area maps that show, at a minimum scale of 1" = 200': (i) existing, interim, and proposed topography; (ii) proposed improvements; (iii) standard symbols for proposed sediment control features; and (iv) pertinent drainage information, including provisions to protect downstream areas from erosion for a minimum of 200 feet downstream or to the next conveyance system; (3) a proposed erosion and sediment control plan that contains: (i) the existing and proposed topography and improvements, at a scale between 1" = 10' and 1" = 50' with 2 foot contours or other approved contour interval; (ii) interim contours for projects with more than minor grading, if required by the Department; (iii) scale, project, and sheet title, and north arrow on each plan sheet; (iv) the limit of disturbance, including: A. limit of grading (grading units, if applicable); and B. initial, interim, and final phases; (v) storm drainage features, including: A. existing and proposed bridges, storm drains, culverts, outfalls, etc.; B. velocities and peak flow rates at outfalls for the 2-year and 10-year frequency storm events; and C. site conditions around points of all surface water discharge from the site; (vi) any phasing necessary to limit earth disturbances and impacts to natural resources; and (vii) an overlay plan that shows the types and locations of stormwater practices and erosion and sediment control practices to be used; (4) a narrative that indicates how proposed erosion and sediment control practices will be integrated with proposed stormwater management strategy using environmental site design in accordance with Division II of this article; and (5) any other information that the Department requires. *History: Ord. 13-095* ##### § 32-7 Final erosion and sediment control and stormwater management plans. Balt., Md., Code art. 7, § 32-7 (2026) (a) After site development plan approval, the applicant must submit final erosion and sediment control plans and stormwater management plans that reflect the comments received during the previous review phase. (b) Plans submitted for final approval must be of sufficient detail to allow all approvals and permits to be issued and must include: (1) all information provided during the concept and site development plan review phase; (2) erosion and sediment control practices to minimize on-site erosion and prevent off-site sedimentation, including: (i) the salvage and reuse of topsoil; (ii) phased construction and implementation of grading unit(s) to minimize disturbances, both in extent and duration; (iii) location and type of all proposed sediment control practices; (iv) design details and data for all erosion and sediment control practices; and (v) specifications for temporary and permanent stabilization measures, including at a minimum: A. the “Standard Stabilization Note” on the plan stating: “Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within: 1. 3 calendar days as to the surface of all perimeter dikes, swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal to 1 vertical (3:1); and 2. 7 calendar days as to all other disturbed or graded areas on the project site not under active grading.”; B. details for areas requiring accelerated stabilization; and C. maintenance requirements as defined in the Standards and Specifications; (3) a sequence of construction that: (i) describes the relationship between the implementation of controls and the maintenance of controls, including permanent and temporary stabilization, and the various stages or phases of earth disturbance and construction; and (ii) includes the following, at a minimum: A. request for a pre-construction meeting with the Department; B. clearing and grubbing as necessary for the installation of perimeter controls; C. construction and stabilization of perimeter controls; D. remaining clearing and grubbing within installed perimeter controls; E. road grading; F. grading for the remainder of the site; F. utility installation and connections to existing structures; G. construction of buildings and roads; H. other construction; I. final grading, landscaping, and stabilization; J. installation of stormwater management measures; K. obtaining approval by the Department before removal of sediment controls; and L. removal of sediment controls and stabilization of areas that are disturbed by the removal; (4) a statement requiring the owner, developer, or representative to contact the Department or its agent at the following stages of the project or in accordance with the approved erosion and sediment control plan, grading permit, or building permit: (i) before the start of earth disturbance; (ii) after the installation of perimeter erosion and sediment controls is complete, but before proceeding with any other earth disturbance or grading; (iii) before the start of another phase of construction or the opening of another grading unit; and (iv) before the removal of sediment control practices; (5) certification by the owner or developer that: (i) any clearing, grading, construction, or development will be done pursuant to the approved erosion and sediment control plan; and (ii) the responsible personnel involved in the construction project will have, before the project begins, a Certificate of Training from an MDE approved training program for the control of erosion and sediment; and (iii) the City Department of Public Works, City Department of Housing and Community Development, and Maryland Department of the Environment will be allowed right of entry for periodic on-site evaluation; and (6) if required by the Department or the Maryland Department of the Environment, certification by a professional engineer, land surveyor, landscape architect, architect, or forester (for forest harvest operations only) registered in the State that the plans have been designed in accordance with erosion and sediment control laws, regulations, and standards; and (7) any additional information considered appropriate by the Department. *History: Ord. 13-095* ##### § 32-8 Modifications to plans. Balt., Md., Code art. 7, § 32-8 (2026) (a) The Department may approve modifications to approved plans as necessary. (b) Modifications may be requested by the owner or developer or by the Department. (c) (1) The Department may include in its Erosion and Sediment Control Manual a list of minor modifications that the Department may approve as field revisions. (2) The Maryland Department of the Environment must approve the list before its implementation. *History: Ord. 13-095* ##### § 32-9 Standard erosion and sediment control plan. Balt., Md., Code art. 7, § 32-9 (2026) (a) The Department may include in its Erosion and Sediment Control Manual a standard erosion and sediment control plan for activities with minor earth disturbances, such as single-family residences, small commercial and other similar building sites, minor maintenance grading, and minor utility construction. (b) (1) A standard erosion and sediment control plan must meet the requirements of this Division III and the Standards and Specifications. (2) The Maryland Department of the Environment must approve the standard plan before its adoption. *History: Ord. 13-095* #### Subtitle 33 – Permits; Fees; Security ##### § 33-1 Approved plan prerequisite to permits. Balt., Md., Code art. 7, § 33-1 (2026) For any development that requires an erosion and sediment control plan under this Division III, a grading or building permit may not be issued or extended unless a final erosion and sediment control plan has been approved by the Department. *History: Ord. 13-095* ##### § 33-2 Fees. Balt., Md., Code art. 7, § 33-2 (2026) (a) Non-refundable fees will be assessed and collected in advance by the Department for each phase of a development. (b) (1) The fees assessed under this Division III are in addition to the usual fees charged for grading and building permits. (2) Fees are assessed for plan reviews, administration and management of the approval process, inspections, and the like. (3) The amount of the fees are as set forth in the fee schedule established from time to time by the Board of Estimates. The fee schedule shall be based on the relative complexity of a project. *History: Ord. 13-095* ##### § 33-3 Performance bond. Balt., Md., Code art. 7, § 33-3 (2026) (a) For any development that requires an erosion and sediment control plan under this Division III, a grading or building permit may not be issued until the applicant posts a surety or cash bond or other means of security acceptable to the Department. (b) (1) The amount of the security must be equal to at least the estimated cost of the installation, maintenance, and removal of the erosion and sediment controls shown on the approved plan. (2) This estimate must be prepared by the applicant and submitted with the plan. (c) The security required by this section must provide for forfeiture on failure to: (1) complete all work specified in the approved erosion and sediment control plan; (2) comply with any provision of this Division III or of any other applicable law, rule, or regulation; or (3) comply with any applicable time limitations. (d) The security may not be released until the Department conducts a final inspection of the completed work. *History: Ord. 13-095* #### Subtitle 34 – Inspections; Investigations ##### § 34-1 Inspections required. Balt., Md., Code art. 7, § 34-1 (2026) (a) Every active site having an approved erosion and sediment control plan should be inspected for compliance with the plan on an average of once every 2 weeks. (b) The owner or developer must maintain a copy of the approved erosion and sediment control plan on site. *History: Ord. 13-095* ##### § 34-2 By whom conducted. Balt., Md., Code art. 7, § 34-2 (2026) All inspections under this Division III must be conducted by: (1) the Department; or (2) the Department’s authorized representative. *History: Ord. 13-095* ##### § 34-3 Reports on inspections. Balt., Md., Code art. 7, § 34-3 (2026) (a) The Department must prepare a written report after every inspection. (b) The report must describe: (1) the date and location of the site inspection; (2) whether the approved plan has been properly implemented and maintained; (3) practice deficiencies or erosion and sediment control plan deficiencies; (4) if a violation exists, the type of enforcement action taken; and (5) if applicable, a description of any modifications to the plan. *History: Ord. 13-095* ##### §§ 34-4 to 34-5 Balt., Md., Code art. 7, § 34-4 to 34-5 (2026) Reserved ##### § 34-6 Right of entry. Balt., Md., Code art. 7, § 34-6 (2026) It is a condition of every grading or building permit that the Department has the right to enter property periodically to inspect for compliance with the approved plan and this Division III. *History: Ord. 13-095* ##### § 34-7 Investigations. Balt., Md., Code art. 7, § 34-7 (2026) (a) The Department must: (1) accept and investigate complaints from interested persons about erosion and sediment control issues; (2) conduct an initial investigation within 3 working days from receipt of the complaint; (3) notify the complainant of the initial investigation and findings within 7 days from receipt of the complaint; and (4) take appropriate action when violations are discovered during the course of the complaint investigation. (b) The Department may also undertake, on its own initiative, investigations of suspected erosion and sediment control issues on all properties. (c) The Department must post on its website the Department’s findings on all investigations, whether initiated by interested persons or on the Department’s own initiative. *History: Ord. 13-095* #### Subtitle 35 – Enforcement; Reviews; Penalties ##### § 35-1 Violation notices. Balt., Md., Code art. 7, § 35-1 (2026) (a) If a violation is found, the Department must provide written notice of the violation to: (1) the owner or developer; and (2) the responsible personnel. (b) The notice must describe: (1) the nature of the violation; (2) the required corrective action; and (3) the time period within which the violation must be corrected. (c) The Department must post on its website a copy of all notices of violations issued under this section. *History: Ord. 13-095* ##### § 35-2 Enforcement of notice. Balt., Md., Code art. 7, § 35-2 (2026) (a) Any one or a combination of the following actions may be taken to enforce a violation notice. (b) If a violation persists after issuance of a violation notice, the Department may issue a stop work order for the site. (c) If reasonable efforts to correct the violation have not been undertaken, the Department may: (1) cause the performance bond or other security to be forfeited; and (2) refer the matter for legal action, including pursuit of criminal and civil penalties under § 35-9 of this subtitle. (d) In addition to any other sanction under this Division III, a person who fails to install or maintain erosion and sediment controls in accordance with an approved plan is liable in a civil action to the City or the State, as the case may be, for damages in an amount equal to double the cost of installing or maintaining the controls. *History: Ord. 13-095* ##### § 35-3 Injunctive relief. Balt., Md., Code art. 7, § 35-3 (2026) Any State or City agency or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Division III. ##### § 35-4 Balt., Md., Code art. 7, § 35-4 (2026) Reserved ##### § 35-5 Administrative review – In general. Balt., Md., Code art. 7, § 35-5 (2026) (a) Any person aggrieved by the action of any official charged with the enforcement of this Division III, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division III, or otherwise: (1) may appeal the action to the Director of Public Works; (2) on timely request, is entitled to a hearing on that appeal. (b) The appeal must: (1) be in writing; (2) clearly state the grounds on which the appeal is based; (3) if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and (4) be filed with the Director within 10 days of the action in dispute. *History: Ord. 13-095* *History: Ord. 14-307* ##### § 35-6 Administrative review – Delegation of hearing authority. Balt., Md., Code art. 7, § 35-6 (2026) (a) Hearings may be conducted by: (1) the Director of Public Works; or (2) a hearing officer designated by the Director. (b) The Director may delegate to a hearing officer the authority to issue: (1) proposed or final findings of fact; (2) proposed or final conclusions of law; (3) proposed or final findings of fact and conclusions of law; (4) proposed or final orders; or (5) the final administrative decision of the Department. *History: Ord. 13-095* *History: Ord. 15-331* ##### § 35-7 Administrative review – Conduct of hearing. Balt., Md., Code art. 7, § 35-7 (2026) (a) (1) The Director of Public Works must provide all parties reasonable written notice of the hearing. (2) The notice must state: (i) the date, time, place, and nature of the hearing; (ii) the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; (iii) the right of a party to call witnesses and submit documents or other evidence under § 35-8 of this subtitle; and (iv) that failure of a party to appear for the scheduled hearing may result in an adverse action against the party. (b) Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be: (1) open to the public; and (2) conducted in an orderly but informal manner. *History: Ord. 13-095* ##### § 35-8 Administrative review – Evidence. Balt., Md., Code art. 7, § 35-8 (2026) (a) Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply. (b) A party is entitled to: (1) call witnesses; (2) offer evidence, including rebuttal evidence; (3) cross-examine any witness that another party or the Department calls; and (4) present summation and argument. (c) The Director or hearing officer: (1) may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; (2) may not exclude evidence solely on the basis that it is hearsay; (3) must give effect to a privilege recognized by law; (4) may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; (5) may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and (6) may exclude evidence that is: (i) incompetent; (ii) irrelevant; (iii) immaterial; or (iv) unduly repetitious. *History: Ord. 13-095* ##### § 35-9 Administrative review – Final decisions. Balt., Md., Code art. 7, § 35-9 (2026) (a) The final decision must: (1) be in writing; and (2) contain separate statements of: (i) the findings of fact; (ii) the conclusions of law; and (iii) the decision or order. (b) A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record. *History: Ord. 13-095* *History: Ord. 15-331* ##### § 35-10 Balt., Md., Code art. 7, § 35-10 (2026) Reserved ##### § 35-11 Judicial and appellate review. Balt., Md., Code art. 7, § 35-11 (2026) (a) A party aggrieved by a final decision of the Department under this Division III may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 13-095* *History: Ord. 19-332* ##### § 35-12 Balt., Md., Code art. 7, § 35-12 (2026) Reserved ##### § 35-13 Penalties. Balt., Md., Code art. 7, § 35-13 (2026) (a) (1) The Department may impose civil fines for violations of this Division III. (2) The amount of the fines are as set forth in the fine schedule established from time to time by the Department with the approval of the Board of Estimates. (3) No fine may exceed $1,000 for any1 offense. (b) Any person who violates any provision of this Division III or of any rule or regulation adopted under or incorporated into this Division III is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both fine and imprisonment for each offense. (c) Each day that a violation continues is a separate offense. *History: Ord. 13-095* #### Subtitles 36 to 40 ### Division IV – Forest and Tree Conservation #### Subtitle 41 – Purpose; Definitions; General Provisions ##### § 41-1 Purpose. Balt., Md., Code art. 7, § 41-1 (2026) The purpose of this Division IV is to: (1) encourage the preservation and enhancement of the City’s urban forests; (2) replace and increase tree cover in non-forest areas within the City; (3) establish procedures, standards and requirements that protect trees and forests during and after development activity and minimize tree loss due to development activity; (4) establish procedures, standards and requirements for afforestation, reforestation, and specimen tree mitigation within the City; and (5) meet the requirements of the Natural Resources Article, Sections 5-1601 through 5-1612 of the Annotated Code of Maryland. *History: Ord. 20-401* ##### § 41-2 Definitions. Balt., Md., Code art. 7, § 41-2 (2026) (a) In this Division IV, the following terms have the meanings indicated. (b) “Afforestation” means: (1) the establishment of forest cover on an area from which it has always or very long been absent, or (2) the planting of open areas which are not presently in forest cover; and (3) establishment of a forest according to procedures set forth in the Baltimore City Forest Conservation Manual. (c) “Baltimore City Forest Conservation Manual” (“Manual”) includes the State Forest Conservation Manual and the Baltimore City Forest Conservation Supplement to the State Forest Conservation Manual. (d) “Clear” means removal of any woody plant, wherein the stump and root mass are physically removed. (e) “Critical root zone” means a circular region measured outward from a tree trunk representing the area of the roots that must be maintained or protected for the tree’s survival. Critical root zone shall be measured as one foot of radial distance for every inch of tree diameter (DBH) measured at 4.5 feet above the ground with a minimum radius of 8 feet. For specimen trees the critical root zone shall be measured as 1.5 feet of radial distance for every inch of tree diameter. (f) “Cut” means the removal of a woody plant, wherein the stump and root mass remain in place and intact. (g) “Declaration of intent” means a document whose purpose is to verify that the proposed activity is exempt under the provisions of the Natural Resources Article and this Division IV. (h) “Department” means the Baltimore City Department of Planning. (i) “Forest” includes: (1) a biological community dominated by trees and other woody plants covering a land area of 4,000 square feet or greater. This area must have a live tree density of at least 100 trees per acre, with at least 50% of those trees having a 2-inch or greater diameter at 4.5 feet above the ground; (2) areas that have been cut, but not cleared; and (3) “forest” does not include orchards or Christmas tree plantations. (j) “Forest conservation” means the retention of existing forest or the creation of new forest as prescribed by the Department of Planning and the Baltimore City Forest Conservation Manual. (k) “Forest conservation plan” means a plan approved pursuant to Subtitles 42 and 44 of this Division IV and the requirements of the Baltimore City Forest Conservation Manual. (l) “Forest stand delineation” means the description of the existing vegetation on a site proposed for development, prepared according to the requirements of the Baltimore City Forest Conservation Technical Manual and this Division IV. (m) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this Division IV “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. (n) “Reforest” or “reforestation” means to create a biological community dominated by trees and other woody plants containing at least 100 trees per acre with at least 50% of those trees having the potential of attaining a 2-inch or greater diameter measured at 4.5 feet above the ground within 5 years and includes afforestation or establishment of a forest according to procedures set forth in the Baltimore City Forest Conservation Manual. (o) “Regulated activity” means any activity subject to the requirements of § 42-1 of this Division IV. (p) “Retention” means the deliberate holding and protecting of existing trees, shrubs, or plants on the site according to established standards in the Baltimore City Forest Conservation Manual. (q) “Specimen tree” means a tree having a diameter measured at 4.5 feet above the ground of 20 inches or more or trees having 75% or more of the diameter of the current state champion tree of that species. (r) “Tree” means a large, woody plant having 1 or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity. *History: Ord. 93-170* *History: Ord. 20-401* *History: Ord. 22-125* ##### § 41-3 Statutory references. Balt., Md., Code art. 7, § 41-3 (2026) Whenever a provision of this Division IV refers to any portion of the Maryland Code, the Code of Maryland Regulations {COMAR}, and the State Forest Conservation Manual, the reference applies to any subsequent amendment to that portion of the code, regulations, or manual unless the referring provision expressly provides otherwise. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 41-4 Scope of Division – In general. Balt., Md., Code art. 7, § 41-4 (2026) (1) Except as provided in § 41-5 of this subtitle, this Division IV applies to: (i) any person making application for a grading or building permit on a parcel or parcels of land for a total area of 5,000 square feet or greater; (ii) any person making application for a subdivision or development plan on a parcel or parcels of land for a total area of greater than 5,000 square feet; and (iii) a public utility not exempt under § 41-5(b)(3) of this subtitle. (2) All subdivision or development plan approvals subject to this Division IV shall be conditioned on approval of a concept Forest Conservation Plan. All grading or building permits subject to this Division IV shall be issued conditioned on approval of and compliance with a Forest Conservation Plan. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 41-5 Scope of Division – Exemptions. Balt., Md., Code art. 7, § 41-5 (2026) (a) (1) “Commercial logging or timber harvesting operations” means those activities which result in the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact. (2) (i) “Timber harvesting” means a tree-cutting operation affecting 1 or more acres of forest or developed woodland within a 1-year interval that disturbs 5,000 square feet or more of forest floor. (ii) “Timber harvesting” does not include grubbing and clearing of root mass. (b) This Division IV does not apply to: (1) any highway construction activity that is subject to State Natural Resources Article § 5-103; (2) commercial logging and timber harvesting operations, subject to the forest conservation and management program under State Tax-Property Article § 8-211: (i) that were completed before July 1, 1991; or (ii) were completed on or after July 1, 1991, on property which: (A) is the subject of a declaration of intent signed by the land owner and approved by the Department of Public Works and the Maryland Department of Natural Resource’s Project Forester’s Office as provided in COMAR 08.19.01.05; and (B) has not been the subject of an application for a grading permit for development within 5 years after a logging or timber harvesting operation, but after this 5-year period the property shall be subject to this Division IV; (3) the cutting or clearing of public utility rights-of-way or land for electric generating stations regulated under State Public Utility Companies Article, Title 7, if: (i) required certificates of public convenience and necessity have been issued in accordance with State Natural Resources Article § 5-1603(f); and (ii) the cutting or clearing of the forest is conducted so as to minimize the loss of forest; (4) routine maintenance or emergency repairs of public utility rights-of-way, if: (i) the right-of-way existed before the effective date of the State or this program; or (ii) the right-of-way’s initial construction was approved under this Division IV; (5) any noncoal surface mining regulated under Title 7, Subtitle 6A, of the State Natural Resources Article; (6) any preliminary plan of subdivision or any grading or sediment control plan approved before July 1, 1991; (7) areas covered by the Chesapeake Bay Critical Area Protection Law; (8) a real estate transfer to provide a security, leasehold, or other legal or equitable interest, including a transfer of title, a portion of a lot or parcel, if: (i) the transfer does not involve a change in land use or new development or development, with associated land disturbing activities; and (ii) both the grantor and grantee file a declaration of intent; (9) any activity conducted on a single lot of any size provided that the activity: (i) does not result in the cumulative cutting or clearing of 5,000 square feet or greater of forest; and (ii) does not include an application for a grading or building permit for disturbance of 5,000 square feet or greater; or (10) an activity required for the purpose of constructing a dwelling house intended for the use of the owner, or a child or a grandchild of the owner, if the activity: (i) does not result in the cumulative cutting or clearing of 20,000 square feet or greater of forest; (ii) does not include an application for a grading or sediment and erosion control permit of 20,000 square feet or greater; and (iii) is the subject of a declaration of intent filed with the Department pursuant to § 42-7 of this Division IV. *History: Ord. 93-170* *History: Ord. 04-672* *History: Ord. 20-401* #### Subtitle 42 – General Requirements ##### § 42-1 In general. Balt., Md., Code art. 7, § 42-1 (2026) (a) Any person subject to this Division IV: (1) shall submit to the Department: (i) a forest stand delineation for the property on which the development is located according to guidelines set forth in the Baltimore City Forest Conservation Manual and this Division IV; and (ii) a forest conservation plan for the property on which the development is located according to guidelines set forth in the Manual and this Division IV; and (2) shall use methods provided in the Manual to protect retained forest and trees during construction. (b) If a City agency using state funds makes application to conduct a regulated activity, the provisions of COMAR 08.19.04.01D apply. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 42-2 Preparation of plans. Balt., Md., Code art. 7, § 42-2 (2026) The forest stand delineation, the forest conservation plan, including preliminary and final plan, and the afforestation plan shall be prepared by a licensed forester, licensed landscape architect, or other qualified professional as provided in COMAR 08.19.06.01B. *History: Ord. 93-170* ##### § 42-3 Authorized signatory. Balt., Md., Code art. 7, § 42-3 (2026) (a) The forest stand delineation, preliminary and final forest conservation plans and afforestation/reforestation plans shall be signed by: (1) an officer of the corporation or an authorized agent of a corporation; (2) an authorized official of a federal, state, or local government; (3) a partner of an association or partnership; or (4) an individual applicant. (b) The individual who signs an application is responsible for the truth, accuracy, and completeness of all information in the application. *History: Ord. 93-170* ##### § 42-4 Review. Balt., Md., Code art. 7, § 42-4 (2026) The Department shall review an application for a forest stand delineation, forestation and deforestation plans, and preliminary and final forest conservation plans to determine whether they are complete and correct, and shall acknowledge receipt of the application in writing by regular first class mail or email. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 42-5 Completeness of application. Balt., Md., Code art. 7, § 42-5 (2026) The Department shall consider a forest stand delineation, preliminary and final forest conservation plans, and afforestation plans complete if they contain all of the required information listed in the Baltimore City Forest Conservation Manual. *History: Ord. 93-170* ##### § 42-6 Notification of completeness. Balt., Md., Code art. 7, § 42-6 (2026) (a) Within 45 calendar days after receipt of the forest stand delineation, the preliminary and final forest conservation plans, and the afforestation plan, the Department shall notify the applicant by mail or email whether the application is complete and correct or if additional information is required. (b) If the Department fails to notify the applicant within 45 days, any plan submitted shall be treated as complete and correct. (c) The Department may require further information or provide for an additional 15 calendar days for review of an application under extenuating circumstances. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 42-7 Declaration of intent. Balt., Md., Code art. 7, § 42-7 (2026) (a) A person seeking an exemption under § 41-4 {§ 41-5} of this Division IV shall file a declaration of intent with the Department. (b) The declaration of intent shall be as specified in COMAR 08.19.01.05. (c) The declaration of intent is effective for 5 years. *History: Ord. 93-170* ##### § 42-8 Area subject to calculations. Balt., Md., Code art. 7, § 42-8 (2026) For a grading or building permit application for an area 40,000 square feet or greater in size, only the area of disturbance is subject to reforestation and afforestation calculations, unless the grading or building permit is part of a master plan, development plan, planned unit development, or subdivision for which the entire master plan, development plan, planned unit development, or subdivision is subject to reforestation and afforestation calculations. *History: Ord. 93-170* *History: Ord. 20-401* #### Subtitle 43 – Forest Stand Delineation ##### § 43-1 Time for submission. Balt., Md., Code art. 7, § 43-1 (2026) (a) A forest stand delineation for the affected area shall be submitted: (1) at the initial stages of subdivision or site plan approval; (2) before a grading or building permit application is submitted; or (3) before a sediment and erosion control application is submitted. (b) If the forest stand delineation is not submitted at this time, no action will be taken on an application request for subdivision, site plan, building, grading, or sediment and erosion control approval. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 43-2 Simplified delineation – When authorized. Balt., Md., Code art. 7, § 43-2 (2026) A simplified forest stand delineation may be submitted for an area: (1) when no forest cover will be disturbed during any construction activity; (2) when an area is designated to be protected under a long term protective agreement; (3) when there is no existing forest on the site; or (4) when approved by the Department. *History: Ord. 93-170* ##### § 43-3 Simplified delineation – Requirements. Balt., Md., Code art. 7, § 43-3 (2026) The Department shall consider a simplified forest stand delineation complete if it includes: (1) a topographic map delineating intermittent and perennial streams and steep slopes over 25%; (2) a soils map; (3) location of 100-year floodplain; and (4) any other information necessary for the Department to review the application. *History: Ord. 93-170* ##### § 43-4 Effective term. Balt., Md., Code art. 7, § 43-4 (2026) An approved forest stand delineation may remain in effect for a period not longer than 5 years. *History: Ord. 93-170* #### Subtitle 44 – Forest Conservation Plan ##### § 44-1 Preliminary plan. Balt., Md., Code art. 7, § 44-1 (2026) (a) The review of a preliminary forest conservation plan shall be concurrent with the review of the preliminary site plan. (b) A preliminary forest conservation plan may be modified during the different stages of the review process, provided the Department approves the changes. *History: Ord. 93-170* ##### § 44-2 Retention of existing forest and specimen trees. Balt., Md., Code art. 7, § 44-2 (2026) In developing a forest conservation plan, the applicant shall give priority to techniques for retaining existing forest and specimen trees on the site. If existing forest or specimen trees on the site subject to a forest conservation plan cannot be retained, the applicant shall demonstrate to the satisfaction of the Department how techniques for retention have been exhausted. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 44-3 Impacts to specimen trees and forests on adjacent properties. Balt., Md., Code art. 7, § 44-3 (2026) The Department may only approve clearing or significant critical root zone impacts to specimen trees or forests on adjacent properties if the applicant submits written notification of the proposed clearing or significant critical root zone impacts to the owners. *History: Ord. 20-401* ##### § 44-4 Revocation of plan – Grounds. Balt., Md., Code art. 7, § 44-4 (2026) The Department, its designee, or other responsible agency at the request of the Department, may revoke an approved forest conservation plan, including a reforestation and afforestation plan, if it finds that: (1) any provision of the plan has been violated; (2) approval of the plan was obtained through fraud, misrepresentation, a false or misleading statement, or omission of a relevant or material fact; or (3) changes in the development or in the condition of the site necessitate preparation of a new or amended plan. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 44-5 Revocation of plan – Notice and hearing. Balt., Md., Code art. 7, § 44-5 (2026) Prior to revoking approval of a forest conservation plan, the Department shall notify the owner and/or developer in writing and provide an opportunity for hearing before the Baltimore City Planning Commission. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 44-6 Cutting prohibited pending approval. Balt., Md., Code art. 7, § 44-6 (2026) If a forest conservation plan is required by this Division IV, a person shall not cut, clear, or grade on the development site until the Department has approved the plan. All grading or building permits, and subdivision or development plan approvals shall be issued conditioned on approval of, and compliance with a Forest Conservation Plan. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 44-7 Approval of plan alteration. Balt., Md., Code art. 7, § 44-7 (2026) The plan cannot be altered without first obtaining approval from the Department. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 44-8 Modification of a forest conservation easement. Balt., Md., Code art. 7, § 44-8 (2026) (a) The following review and approval paths will apply to forest conservation easement modifications: (1) Expansion of an easement with no reduction to the easement can be reviewed and approved through the standard forest conservation review process. (2) Less than 5,000 square feet of modification to an easement of at least 15,000 square. feet in size can be reviewed and approved through the standard forest conservation review process. (3) 5,000 square feet or greater modification to an easement of at least 15,000 square feet in size must be approved by the Planning Commission. (4) Any amount of modification to an easement established as part of a previous approval by the Planning Commission must be approved by the Planning Commission. (5) No modification will be permitted to reduce an easement to less than 10,000 square feet in size if the easement is to remain. (6) The applicant will need to submit: (i) a new Forest Stand Delineation if the Forest Stand Delineation on record is more than 5 years old; (ii) a new Forest Conservation Plan identifying the proposed easement modification(s); the plan must demonstrate that the proposed modifications enhance or have no adverse effect on public safety and the public benefit, and enhance or appropriately offset any adverse effect on the conservation attributes of the property; (iii) information describing how the request meets one or more of the “Conditions and Circumstances Under Which an Easement Modification May Be Considered” and all applicable “Criteria for Approval of an Easement Modification” as listed below; and (iv) a request to the Planning Commission for Forest Conservation Easement modification, for modifications requiring Planning Commission approval. (7) Once a request requiring Planning Commission approval has been accepted and scheduled for Planning Commission review, the applicant must meet all Planning Commission hearing requirements. (b) Conditions and circumstances under which an easement modification may be considered {are listed below}. (1) Expansion of an easement. (2) Correction of oversight or error. (3) Modification to address an environmental problem or public safety issue. (4) Modification to accomplish a public benefit. (c) The applicant must demonstrate that the modified easement will meet state and local forest conservation standards. (1) In the case of a correction of an oversight or error, the applicant must demonstrate that an oversight or error exists in the recorded easement documents. (2) In the case of a modification to address an environmental problem or public safety issue, the applicant must demonstrate existence and extent of the environmental or public safety issue. (3) In the case of a modification to accomplish a public benefit, the applicant must demonstrate and quantify the public benefit that would result from the modification. (4) In cases where a proposed modification would result in removal of a portion of the existing easement, the applicant must demonstrate that, in identifying the proposed solution, all potential options for retaining the easement intact were exhausted. (5) In cases where a proposed modification would result in removal of a portion of the existing easement, the applicant must demonstrate that the mitigation proposed meets the requirements as calculated using the state Forest Conservation Worksheet and that the mitigation proposed follows the required sequence for mitigation as listed under Subtitle 45 of Article 7, Division IV of the City Code. A fee in lieu will only be considered as a last resort. (6) Proposals to completely remove or eliminate an easement will not be considered unless the existing easement is replaced with an on- or off-site easement of equivalent quality and of a size determined using the State Forest Conservation Worksheet. (7) Equivalent quality will be determined by the Department of Planning through a comparison of the existing and proposed easements, including the presence of priority forest, forest stand maturity, health, and species diversity, and the extent of non-native invasive vegetation. (8) No modification will be permitted to reduce an easement to less than 10,000 square feet in size, and minimum dimensions must meet the standards established in the State Forest Conservation Technical Manual. (d) (1) Submit a new draft record plat and draft easement agreement for approval. The agreement should cite any terms or conditions associated with approval by the Department or the Planning Commission. (2) Provide a draft bond for any on-site or off-site mitigation requirements approved by the Planning Commission and work with the Department of Planning to prepare a draft MOU defining the terms for completing the mitigation and releasing the bond. (3) Once the draft bond has been approved, execute the bond and associated MOU and provide the original to the Department of Planning. (4) Once the record plat and easement agreement have been approved by the Department of Planning, record the new plat and agreement with the Circuit Court for Baltimore City, Land Records and Licenses Division. (5) Satisfy all mitigation requirements required. Notify Department of Planning staff for inspections once mitigation has been installed and again before the two-year maintenance and establishment period concludes. Once all mitigation and maintenance requirements have been satisfied, the Department of Planning will arrange to release the bond. *History: Ord. 20-401* #### Subtitle 45 – Reforestation, Afforestation, and Specimen Tree Mitigation ##### § 45-1 Preference for retention. Balt., Md., Code art. 7, § 45-1 (2026) After every reasonable effort to minimize the cutting of trees and other woody plants is exhausted in the development of a subdivision plan, and/or grading and sediment control plans, the forest conservation plan shall provide for reforestation, afforestation, and/or specimen tree mitigation. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 45-2 Required sequence. Balt., Md., Code art. 7, § 45-2 (2026) (a) (1) “Off-site” means not on the same property as the activity which is proposed, is occurring, or which has occurred. (2) “On-site” means the area located within the legal boundary of the property on which the regulated activity is proposed, is occurring, or has occurred. (b) The required sequence for reforestation, afforestation, or specimen tree mitigation, after techniques for retaining existing forest on the site have been exhausted, is as follows: (1) on-site reforestation, afforestation, and/or specimen tree mitigation, as specified in the Baltimore City Forest Conservation Manual; (2) off-site reforestation, afforestation, and/or specimen tree mitigation within the City shall be as specified for on-site reforestation or specimen tree mitigation; (3) use of appropriate credits generated by a forest mitigation bank in the City; and (4) payment into the City Forest Conservation Fund. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 45-3 Reforestation, etc., guidelines; time limits. Balt., Md., Code art. 7, § 45-3 (2026) (a) Persons required to conduct reforestation, afforestation, or specimen tree mitigation shall follow the priority guidelines outlined in the Baltimore City Forest Conservation Manual. (b) A person required to conduct reforestation, afforestation, or specimen tree mitigation under this Division IV shall accomplish the action within 1 year or 2 growing seasons following the issuance of a grading permit, allowing for phasing in the plan. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 45-4 Security required. Balt., Md., Code art. 7, § 45-4 (2026) Before the issuance of a grading or building permit, a person required to conduct afforestation, reforestation, or specimen tree mitigation under this Division IV shall furnish financial security in the form of a bond, an irrevocable letter of credit, or other security approved by the Department, as provided in the Baltimore City Conservation Supplement to the State Conservation Manual. *History: Ord. 93-170* *History: Ord. 20-401* #### Subtitle 46 – Forest Conservation Fund ##### § 46-1 Forest Conservation Fund established. Balt., Md., Code art. 7, § 46-1 (2026) There is hereby created a Baltimore City Forest Conservation Fund that meets the requirements of Natural Resources Article, §5-1610(h-l), Annotated Code of Maryland. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 46-2 When payments in lieu permitted. Balt., Md., Code art. 7, § 46-2 (2026) If reforestation, afforestation, or specimen tree mitigation is not possible, and appropriate credits generated by a forest mitigation bank in the City are not available, the applicant may make payment into the Forest Conservation Fund. Payment may be accepted into the Conservation Fund under the following circumstances: (1) satisfying all or a portion of the required reforestation, afforestation, or specimen tree mitigation on site is technically infeasible; (2) an acceptable planting site cannot be found on other land within Baltimore City; and (3) appropriate credits generated by a forest mitigation bank in the City are not available. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 46-3 Contribution rate. Balt., Md., Code art. 7, § 46-3 (2026) (a) A person permitted by § 46-2 of this subtitle to contribute to this fund in lieu of reforestation or afforestation shall make a payment to the Baltimore City Conservation Fund of $60,000 per acre of the area requiring planting or at a rate determined and adjusted periodically by the Planning Commission and approved by the Board of Estimates. (b) A person permitted by § 46-2 of this subtitle to contribute to this fund in lieu of specimen tree mitigation shall make a payment to the Baltimore City Conservation Fund of $300 per inch of required mitigation, or at a rate as determined and adjusted periodically by the Planning Commission and approved by the Board of Estimates. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 46-4 When payable. Balt., Md., Code art. 7, § 46-4 (2026) Money contributed in lieu of afforestation, reforestation, or specimen tree mitigation shall be paid at the time of the issuance of the grading or building permit for the development project. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 46-5 Period for City reforestation, etc. Balt., Md., Code art. 7, § 46-5 (2026) (a) The City shall accomplish the reforestation or afforestation for the equivalent number of acres for which the money is deposited within 2 years or 3 growing seasons, whichever is a greater time period, after receipt of the money. (b) At the end of that time, any part that has not been used to meet the afforestation or reforestation requirements shall be returned to the person who provided the money. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 46-6 Management of Fund. Balt., Md., Code art. 7, § 46-6 (2026) (a) Money contributed under this title: (1) may be used only for reforestation and afforestration, including site identification, acquisition, preparation, management, and maintenance of existing forests, and achieving urban canopy goals; (2) shall be deposited in a separate Forest Conservation Fund; and (3) shall not revert to the General Fund. (b) Sites selected for use of funds shall be located in the City of Baltimore. *History: Ord. 93-170* *History: Ord. 20-401* #### Subtitle 47 – Variances ##### § 47-1 “Variance” defined; When request required. Balt., Md., Code art. 7, § 47-1 (2026) “Variance” means the process of obtaining approval for a forest conservation plan that does not strictly conform to the standards and requirements set forth in this Division IV. A variance must be requested in advance of approval of a Forest Conservation Plan and in advance of any activity requiring approval of a Forest Conservation Plan. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 47-2 When authorized. Balt., Md., Code art. 7, § 47-2 (2026) Variances from this Division IV may be granted by the Planning Commission, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant. *History: Ord. 93-170* ##### § 47-3 Applications. Balt., Md., Code art. 7, § 47-3 (2026) An applicant for a variance shall: (1) describe the special conditions peculiar to the property which would cause the unwarranted hardship; (2) describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas; (3) verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants; (4) verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant; (5) verify that the need for the variance is not as a result of a violation of any portion of Division IV; (6) verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; (7) verify that the granting of a variance will not adversely affect water quality; and (8) such other criteria that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Planning Commission may set by rule or regulation. *History: Ord. 93-170* *History: Ord. 20-401* *History: Text Conformed 02/16/21* #### Subtitle 48 – Enforcement; Penalties ##### § 48-1 HCD to enforce. Balt., Md., Code art. 7, § 48-1 (2026) This Division IV may be enforced by the Department of Housing and Community Development in the manner provided in § 104 {“Duties and powers of Building Official”} of the Baltimore City Building Code. *History: Ord. 93-170* *History: Ord. 02-475* *History: Ord. 13-093* ##### § 48-2 Fines. Balt., Md., Code art. 7, § 48-2 (2026) (a) A person found to be in noncompliance with this Division IV, or the regulations adopted thereunder, the forest conservation plan, or the associated 2-year maintenance agreement, shall be fined a penalty of $120,000 per acre of the area found to be in noncompliance with required forest conservation, or at a rate as determined and adjusted periodically by the Planning Commission and approved by the Board of Estimates. (b) Money collected under subsection (a) of this section shall be deposited in the Forest Conservation Fund established by the Director of Finance, and may be used by the City for purposes related to implementing this Division IV. *History: Ord. 93-170* *History: Ord. 20-401* ##### § 48-3 Civil penalties. Balt., Md., Code art. 7, § 48-3 (2026) (a) In addition, any person who violates any provision of this Division IV or any regulation or order adopted or issued thereunder, is liable for a penalty not exceeding $1,000 per violation, which may be recovered in a civil action brought by the City. (b) Each day a violation continues is a separate violation. *History: Ord. 93-170* ##### § 48-4 Injunctions. Balt., Md., Code art. 7, § 48-4 (2026) The Department may request the City Solicitor to seek an injunction requiring a person to cease violation of this title and to take corrective action to restore or reforest an area. *History: Ord. 93-170* #### Subtitles 49 to 50 ### Division V – City Parks and Trees #### Subtitle 51 – Department Jurisdiction ##### § 51-1 Cahill Recreation Center. Balt., Md., Code art. 7, § 51-1 (2026) The Department of Recreation and Parks is hereby authorized and directed to assume and hereafter exercise, exclusively, control of the property formerly known as Mt. Holly Inn, and all lands adjacent thereto, and all appurtenances thereto, which property was conveyed by Winfield S. Cahill and wife to the Mayor and City Council of Baltimore on July 27, 1939, said property to be hereafter used for park purposes. *History: Ord. 40-121* ##### § 51-2 Venable Park. Balt., Md., Code art. 7, § 51-2 (2026) (a) The Department of Recreation and Parks is hereby authorized and directed to assume jurisdiction, for park purposes, over the following described part of Venable Park lying south of Thirty-Third Street: (b) The Board of School Commissioners is hereby authorized and directed to assume jurisdiction, for school purposes, over all that part of Venable Park lying south of Thirty-Third Street not embraced in the piece or parcel of land described in subsection (a) hereof. *History: Ord. 41-369* ##### § 51-3 Park Avenue Squares. Balt., Md., Code art. 7, § 51-3 (2026) The City will: (1) before July 1, 1897, plant with grass, trees, and shrubs, improve, and thereafter maintain the squares now laid out in the center of Park Avenue; and (2) at all times thereafter, prevent their being overgrown with weeds or becoming unsightly. *History: Ord. 1897-056* ##### § 51-4 Balt., Md., Code art. 7, § 51-4 (2026) Reserved ##### § 51-5 Report on closings and other public-access restrictions. Balt., Md., Code art. 7, § 51-5 (2026) (a) On or before March 30 of each year, the Department of Recreation and Parks shall submit to the City Council a written report on all closings of and other public-access restrictions imposed on all parks, squares, and recreational facilities operated by or under the auspices of the Department. (b) The report shall: (1) include a summary of all closings and public-access restrictions that occurred during the preceding calendar year; and (2) specify: (i) the number of hours of each closing or restriction; (ii) whether the closing or restriction was pursuant to a permit and, if so, the type of permit; and (iii) whether the closing or restriction was necessitated by an emergency and, if so, the nature of that emergency. *History: Ord. 08-074* #### Subtitle 52 – Protective Measures ##### § 52-1 Obstructions in parks and squares. Balt., Md., Code art. 7, § 52-1 (2026) (a) No stand or obstruction to the public view shall be erected in any of the public parks or squares of the City or upon the footway belonging to any public building by any person or persons whomsoever (other than the Mayor and City Council of Baltimore). (b) Anyone violating this section shall be fined $50 for each offense. *History: Ord. 1889-151* ##### § 52-2 Glass containers. Balt., Md., Code art. 7, § 52-2 (2026) (a) Except as permitted by the Director of the Department of Recreation and Parks permits, a person shall not carry or possess any glass beverage container on any property under the control of the Department of Recreation and Parks. (b) Any person who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $100. *History: Ord. 87-894* ##### § 52-3 Defacement, etc., of monuments. Balt., Md., Code art. 7, § 52-3 (2026) (a) It shall be unlawful for any person to deface, injure, damage, or trespass upon any public or private monument, statue, or memorial, their ornamental figures or sculpture, or the enclosure or railing around them, or any of them, in the City of Baltimore. (b) (1) Any person violating the provisions of this section: (i) shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 for each such violation; and (ii) shall, in addition thereto, be liable to pay all expenses in repairing the said defacements, injuries, or damages. (2) In addition to a fine or in lieu of a fine, a judge may sentence a person convicted under this section to perform community service on behalf of the City of Baltimore, which may include cleaning property of trash and litter. *History: Ord. 49-629* *History: Ord. 91-664* ##### § 52-4 Mount Vernon Place – Ornamental structures. Balt., Md., Code art. 7, § 52-4 (2026) It shall not be lawful for any person to erect or set up any portico, steps, or any other ornamental structure whatever, on Mount Vernon Place, a greater distance into the place than 9 feet, measuring from the building line thereof. *History: Rev. Ords. 1858-059* ##### § 52-5 Mount Vernon Place – Injuring grass or shrubs. Balt., Md., Code art. 7, § 52-5 (2026) (a) It shall not be lawful for any person or persons to walk upon or otherwise injure the grass, trees, or shrubbery upon the squares around Washington Monument, known as Mount Vernon Place and Washington Place. (b) All persons guilty of violating this section shall be subject to a fine of $1 for every offense; said fines to be collected as other fines and penalties are collected. *History: Ord. 1882-50* ##### § 52-6 Battle Monument, etc. Balt., Md., Code art. 7, § 52-6 (2026) (a) It shall not be lawful for any person or persons whomsoever, or for any body corporate, to deposit or cause to be deposited in the space around the Battle Monument, in Liberty Triangle, McLane Place, or Hopkins Place, any dirt, sand, stones, lumber, tools, or other material. (b) Any person or persons or body corporate violating the provisions of this section, shall forfeit and pay: (1) the sum of $10 for each and every offense; and (2) the additional sum of $10 for each and every day that any article or articles deposited upon said space in violation of the provisions of this section shall remain thereon. *History: Ord. 1892-032* *History: Ord. 14-495* ##### § 52-7 Herring Run Park. Balt., Md., Code art. 7, § 52-7 (2026) (a) (1) It is unlawful any person to ride or permit a horse to be in any portion of Herring Run Park, other than on the bridle paths provided for such purpose. (2) It is unlawful for any person, firm, or corporation who or which owns or has control of a horse to turn over the animal to the custody of any person in the Park without instructions to keep the animal on the bridle paths as required in this section. (b) A violation of the provisions of this section is a misdemeanor, subject upon conviction to a fine in a maximum amount of $100. *History: Ord. 59-1811* #### Subtitle 53 – Trees along City Streets, etc. ##### § 53-1 Definitions. Balt., Md., Code art. 7, § 53-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Breast height” means 4.5 feet off of the ground. (c) “Caliper inch” means 6 inches off of the ground. (d) “Inch-for-inch replacement” means the tree removal and replacement standard used by the Department of Recreation and Parks that requires a person to plant a tree or trees with an equal or greater sum diameter, as measured in inches, to the sum diameter of all trees removed by that person, as measured in inches. (e) “Permit holder” means a person to whom the Department of Recreation and Parks has issued a written permit to remove a tree under subsection (c) of § 53-15 {“Tree Removal - Street”} or § 53-16 {“Tree Removal - Parks”} of this subtitle. (f) “Root zone” means a circular region, measured outward from a tree’s trunk, that represents the essential area of the tree’s roots that must be maintained or protected for the tree’s survival. (g) The word “trees”, as used in this subtitle, shall not be construed to include shrubs that do not grow higher than 15 feet. *History: Ord. 12-154* *History: Ord. 46-396* *History: Ord. 22-125* *History: * ##### § 53-2 Jurisdiction of Department of Recreation and Parks. Balt., Md., Code art. 7, § 53-2 (2026) (a) The Department of Recreation and Parks, in consultation with the Department of Transportation, is authorized and directed to regulate the planting, protection, removal, and controlling of all trees planted and to be planted in the parks or streets of Baltimore. (b) The statutes and ordinances for the protection of trees in the streets, lanes, or alleys shall be strictly observed by the Departments of Public Works, Transportation, General Services, and Recreation and Parks, as well as all other agencies of the City, within their respective authority. *History: Ord. 12-154* *History: Ord. 46-396* *History: Ord. 76-139* *History: Ord. 15-435* *History: * ##### § 53-3 Additional duties of Department of Recreation and Parks. Balt., Md., Code art. 7, § 53-3 (2026) It is the duty of the Department of Recreation and Parks: (1) to encourage the preservation, culture, and planting of shade and ornamental trees in the City’s parks and streets; (2) to prune, spray, cultivate, and otherwise maintain these trees; (3) to trim or direct the time and method of trimming these trees; and (4) to take all other measures that it considers necessary and reasonable for the control and extermination of insects and other pests and plant diseases that may injuriously affect trees in the City’s parks and streets. *History: Ord. 12-154* *History: Ord. 46-396* *History: Ord. 76-139* *History: Ord. 15-435* *History: * ##### § 53-4 Planting and care program. Balt., Md., Code art. 7, § 53-4 (2026) (a) The Department of Recreation and Parks shall initiate and maintain a program of planting and caring for trees along the streets, alleys, lanes, and other public ways and in parks, squares, and other public places of this City. (b) (1) The program shall include at public expense the full cost of acquiring and planting the trees, including the cost of digging holes and preparing for the planting. (2) The size and scope of the program shall be determined from time to time by the amount of funds appropriated and authorized therefor. (3) It is the legislative intent that this program be vigorously implemented and pursued, and that a large and increasing number of trees be grown and preserved in and along all such public ways and public places in the entire City. (c) Trees shall be planted and preserved at intervals of not more than 30 feet from the next contiguous tree or trees, except where requested by a property owner. (d) Species and varieties shall be planted and preserved as most suitable for the particular area by means of availability, long life, full foliage and limb structure, beauty, and the specific request of property owners, except where the request of the property owner as to variety of the tree is not practicable in the opinion of the City Arborist. *History: Ord. 65-434* ##### § 53-5 Public notice of tree removal. Balt., Md., Code art. 7, § 53-5 (2026) (a) Unless notice is given as required by this section, the City may not: (1) remove or destroy a tree along one of the streets in this City; or (2) permit any person to remove or destroy a tree along one of the streets in this City. (b) The notice required by § 53-5(a): (1) must consist of a durable and legible statement of the intent, affixed to and easily visible on the tree for not less than 5 days immediately preceding the contemplated removal or destruction; and (2) must state: (i) the reason for the intended removal or destruction of the tree; and (ii) the person or persons to whom inquiries or protests thereon may be directed. (c) (1) In the event of an emergency situation, such as a fallen tree or some other condition or occurrence requiring an immediate removal or destruction of a tree along one of these public ways, the City or any person it permits may remove or destroy the tree without complying with the foregoing provisions of this section. (2) But in this event, the City or the person it permitted promptly shall notify the City Council of the circumstances, conditions, and justification under which the tree was thus removed or destroyed. *History: Ord. 64-433* *History: Ord. 11-524* *History: * ##### §§ 53-6 to 53-10 Balt., Md., Code art. 7, § 53-6 to 53-10 (2026) Reserved ##### § 53-11 Permit requirements – Planting trees. Balt., Md., Code art. 7, § 53-11 (2026) (a) No person may plant any tree in any street, lane, or alley without: (1) first having obtained a written permit issued by the Department of Transportation, in consultation with the Department of Recreation and Parks, setting forth the conditions under which trees will be planted, including their kind and variety; and (2) in all respects complying with the conditions of the permit. (b) Any person determined by a court of competent jurisdiction to have unlawfully removed or destroyed a tree in any street, lane, or alley and required to replace the tree as directed by such court shall be granted a permit for its replacement as provided in this section. *History: Ord. 12-154* *History: Ord. 46-396* *History: Ord. 76-139* *History: Ord. 90-576* *History: Ord. 15-435* ##### § 53-12 Permit requirements – Treating trees. Balt., Md., Code art. 7, § 53-12 (2026) (a) No person may spray, mulch, fertilize, or otherwise treat, remove, destroy, break, cut, or trim any tree, or any part of a tree, in any street, lane, or alley without first having obtained a written permit issued by the Department of Transportation, in consultation with the Department of Recreation and Parks. (b) No cutting or trimming of any tree in any street, lane, or alley in connection with the work of any other City department or of any public service corporation or other person having a right to use the street, lane, or alley may be done except in the manner directed by the Department of Transportation, in consultation with the Department of Recreation and Parks. *History: Ord. 12-154* *History: Ord. 46-396* *History: Ord. 76-139* *History: Ord. 15-435* ##### § 53-13 Permit requirements - Impeding roots. Balt., Md., Code art. 7, § 53-13 (2026) No person may, without first having received a written permit issued by the Department of Transportation, in consultation with the Department of Recreation and Parks, place or maintain upon the ground in any street, lane, or alley, any stone, cement, or other substance or structure that will impede the free entrance of water and air to the roots of any tree without leaving an open space of ground outside the trunk of the tree, in area not less than 32 square feet. *History: Ord. 12-154* *History: Ord. 46-396* *History: Ord. 76-139* *History: Ord. 77-310* *History: Ord. 15-435* *History: * ##### § 53-14 Permit requirements – Time for completing work. Balt., Md., Code art. 7, § 53-14 (2026) All work covered by a permit issued under this subtitle shall be completed within 30 days from the date shown on the permit. *History: Ord. 12-154* *History: Ord. 46-396* *History: Ord. 76-139* *History: Ord. 15-435* ##### § 53-15 Tree removal - Street. Balt., Md., Code art. 7, § 53-15 (2026) (a) (1) Unless otherwise authorized in writing by the Director of the Department of Recreation and parks or the Director’s designee, a person may not remove a tree in or along a public street without first having been issued a written permit to do so by the Department of Recreation and Parks. (2) Within 20 business days of receiving a request for a permit under this section, the Department of Recreation and Parks shall: (i) approve, deny, or request additional information regarding the permit; (ii) determine whether mitigation under subsection (d) is required; and (iii) notify the applicant of the Department of Recreation and Parks’ determination. (b) Any tree removal permitted under this section must be completed by a licensed tree expert in accordance with Title 5, Subtitle 4, Part III {“Tree Experts”} of the State Natural Resources Article. (c) Prior to removing a tree or trees pursuant to a permit issued under this section, the Department of Recreation and Parks must give public notice in the manner described in § 53-5 {“Public notice of tree removal”}. (d) (1) A tree greater than 1 inch diameter at breast height that has been approved by the Department of Recreation and Parks for removal under this section shall be mitigated as provided in this subsection. (2) If the Department of Recreation and Parks requires that a tree be mitigated under this section, the mitigation shall be an inch-for-inch replacement, to be measured as follows: (i) for the removed tree, at the diameter at breast height; and (ii) for the replacement tree, at the caliper inch. (3) If the Department of Recreation and Parks requires mitigation under this subsection, the permit holder may accomplish the mitigation by: (i) planting replacement trees at the site or sites of the removal, as approved by the Department of Recreation and Parks; or (ii) if mitigation inches required under this subsection cannot be replanted at the site or sites of removal, planting trees at another site or sites only as approved by the Department of Recreation and Parks. (4) If a permit holder cannot accomplish mitigation using a method described in paragraph (2) of this subsection, the permit holder shall pay a fee-in-lieu of mitigation to the Director of Finance in an amount approved by the Board of Estimates. (5) The Department of Recreation and Parks may exempt a tree from the mitigation requirements of this subsection if the Department of Recreation and Parks determines that the tree is: (i) dead; (ii) dying; (iii) diseased or otherwise infected and contagious; or (iv) at high risk of death, disease, or failure, as determined by the Baltimore City Forestry Division of the Department of Recreation and Parks. *History: * ##### § 53-16 Tree removal - Parks. Balt., Md., Code art. 7, § 53-16 (2026) (a) (1) Unless otherwise authorized in writing by the Director of the Department of Recreation and parks or the Director’s designee, a person may not remove a tree in a public park without first having been issued a written permit to do so by the Department of Recreation and Parks. (2) Within 20 business days of receiving a request for a permit under this section, the Department of Recreation and Parks shall: (i) approve, deny, or request more information regarding the permit; (ii) determine whether mitigation under subsection (c) is required; and (iii) notify the applicant of the Department of Recreation and Parks’ determination. (b) Any tree removal permitted under this section must be completed by a licensed tree expert in accordance with Title 5, Subtitle 4, Part III {“Tree Experts”} of the State Natural Resources Article. (c) (1) A tree approved by the Department of Recreation and Parks for removal under this section shall be mitigated as provided in this subsection if: (i) the tree measures 8 inches or greater in diameter at breast height; or (ii) the tree was deliberately planted and measures 1 inch or greater in diameter. (2) If the Department of Recreation and Parks requires that a tree be mitigated under this section, the mitigation shall be an inch-for-inch replacement, to be measured as follows: (i) for the removed tree, at the diameter at breast height; and (ii) for the replacement tree, at the caliper inch. (3) If the Department of Recreation and Parks requires mitigation under this subsection, the permit holder may accomplish the mitigation by: (i) planting replacement trees at the site or sites of the removal, as approved by the Department of Recreation and Parks; or (ii) if mitigation inches required under this subsection cannot be replanted at the site or sites of removal, planting trees at another site or sites only as approved by the Department of Recreation and Parks. (4) (i) If a permit holder cannot accomplish mitigation using a method described in paragraph (3) of this subsection, the permit holder shall pay a fee-in-lieu of mitigation to the Director of Finance. (ii) The fee-in-lieu of mitigation shall be a standard amount or unit, as approved by the Board of Estimates and updated as necessary. (5) The Department of Recreation and Parks may exempt a tree from the mitigation requirements of this subsection if the Department of Recreation and Parks determines that the tree is: (i) dead; (ii) dying; (iii) diseased or otherwise infected and contagious; or (iv) at high risk of death, disease, or failure, as determined by the Baltimore City Forestry Division of the Department of Recreation and Parks. *History: * ##### §§ 53-15 to 53-20 Balt., Md., Code art. 7, § 53-15 to 53-20 (2026) Reserved ##### § 53-21 Injuring or defacing trees, etc. Balt., Md., Code art. 7, § 53-21 (2026) (a) No person shall fasten any horse or other animal to any tree or shrub in any street, lane, or alley, nor shall any person cause or permit any horse or other animal to stand or be near enough to any tree, plant, or shrub to bite or rub against it or in any manner injure or deface the same. (b) Nor shall any person attach or place any rope, wire, sign, poster, handbill, or other thing or substance on any tree or shrub in any street, lane, or alley or on any guard or protection of the same. (c) Nor shall any person remove, injure, or misuse any guard or device placed or intended to protect any tree, plant, or shrub in any park or street. (d) Nor shall any person remove, damage, injure, or otherwise harm any tree or the root zone of a tree beneath the ground. *History: Ord. 12-154* *History: Ord. 46-396* *History: * ##### § 53-22 Breaking or hurting trees, etc. Balt., Md., Code art. 7, § 53-22 (2026) (a) If any person or persons shall willfully break, pull down, hurt, or destroy any tree or trees, or enclosure around the same, which are now or may hereafter be planted in any of the streets, lanes, or alleys of the City, or in any other public grounds within the City, such person or persons: (1) shall be subject to a penalty as provided in § 53-26 of this subtitle; and (2) may be required to replace any such tree or trees or enclosure around the same. (b) Provided always, that nothing herein contained shall be so construed as to prevent the Department of Recreation and Parks from removing any tree or trees, or part thereof, which he may deem so situated or in such condition as to render same unsafe or as to obstruct the footways or roadways. *History: Ord. 50-1243* *History: Ord. 76-139* *History: Ord. 90-576* ##### § 53-23 Inconsistent ordinances. Balt., Md., Code art. 7, § 53-23 (2026) All ordinances and parts of ordinances heretofore passed which are inconsistent with this subtitle, or any of its provisions, are hereby repealed to the extent of such inconsistency. *History: Ord. 12-154* *History: Ord. 46-396* ##### §§ 53-24 to 53-25 Balt., Md., Code art. 7, § 53-24 to 53-25 (2026) Reserved ##### § 53-26 Penalties. Balt., Md., Code art. 7, § 53-26 (2026) Any person who violates any provision of §§ 53-11, 53-12, 53-13, 53-21, or 53-22 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 12-154* *History: Ord. 46-396* *History: Ord. 76-139* *History: Ord. 90-576* *History: Ord. 15-435* #### Subtitle 54 – Youth Athletic Protection ##### § 54-1 Definitions. Balt., Md., Code art. 7, § 54-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Abuse” has the meaning stated in Title 5, Subtitle 7 of the State Family Law Article {“Definitions: Abuse”}. (c) “Automated external defibrillator” means a medical device, approved by the United States Food and Drug Administration that: (1) is capable of recognizing the presence or absence in an individual of ventricular fibrillation and rapid ventricular tachycardia; (2) is capable of determining, without intervention, whether defibrillation should be performed on an individual; (3) on determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to an individual’s heart; and (4) delivers an appropriate electrical impulse to a patient’s heart to perform defibrillation. (d) “Coach” means an individual over the age of 18 who, whether paid or unpaid: (1) is responsible for leading or assisting in leading a youth sports program; and (2) has routine and consistent contact throughout an athletic season with youth athletes participating in a youth sports program. (e) “Concussion” means a traumatic injury to the brain causing an immediate, short-lived change in mental status or an alteration of normal consciousness resulting from: (1) a fall; (2) a violent blow to the head or body; or (3) the shaking or spinning of the head or body. (f) “Department” means the Baltimore City Department of Recreation and Parks. (g) “Facility” means any outdoor or indoor athletic space under the management of the Department. (h) “Heat exhaustion” means a reaction to excessive heat marked by prostration, weakness, and collapse resulting from dehydration. (i) “Heat stroke” means a severe illness caused by exposure to excessively high temperatures and characterized by: (1) severe headache; (2) high fever with a dry, hot skin; (3) tachycardia; and (4) in serious cases, collapse, coma, or death. (j) “Neglect” has the meaning stated in Title 5, Subtitle 7 of the State Family Law Article {“Definitions: Neglect”}. (k) “Sudden cardiac arrest” means a condition in which the heart suddenly and unexpectedly stops beating. (l) “Youth athlete” means any individual under the age of 18 who participates in a youth sports program in a non-supervisory role. (m) “Youth sports program” means a program or event, including instruction, practice, or competition, organized for youth athletes under the age of 18 years: (1) conducted by the Department; or (2) conducted by a recreational athletic organization or any other person required to obtain a permit to use a Department facility. *History: Ord.19-305* *History: Ord. 22-125* ##### § 54-2 Balt., Md., Code art. 7, § 54-2 (2026) Reserved ##### § 54-3 Rules and regulations. Balt., Md., Code art. 7, § 54-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department must adopt rules and regulations to carry out this subtitle. *History: Ord.19-305* *History: Text Conformed 02/16/21* ##### § 54-4 Training required. Balt., Md., Code art. 7, § 54-4 (2026) (a) Before acting as a coach for a youth sports program, an individual must have successfully completed within the last 24 months training approved in advance by the Department in: (1) concussion risk and management; (2) heat exhaustion risk and management; (3) heat stroke risk and management; (4) operation of an automated external defibrillator; (5) sudden cardiac arrest risk and management; and (6) identification and reporting of abuse and neglect. (b) The Department may not issue a permit to any youth sports program for the use of any Department facility unless the applicant has submitted adequate documentation that all coaches associated with the program have complied with this section. (c) In consultation and collaboration with the Baltimore City Department of Health, the Department must maintain a list of training courses or programs that would satisfy the requirements of this section. (d) The Department may collaborate with the Baltimore City Department of Health to develop its own training program to satisfy the requirements of this section. (e) For the purposes of conducting tournaments or other similar sporting events, the Department must accept training substantially equivalent to the training required by this section from any regional, local, state, or national youth sports organization using a Department facility under a permit issued to another youth sports program. *History: Ord.19-305* ##### § 54-5 Removal from play. Balt., Md., Code art. 7, § 54-5 (2026) (a) For the purposes of this section, “disqualifying medical condition” means: (1) a concussion; (2) heat exhaustion; (3) heat stroke; or (4) sudden cardiac arrest. (b) A youth athlete who is suspected of sustaining or undergoing a disqualifying medical condition must be immediately removed from physical participation in any athletic activity by a coach or a member of the coach’s staff. (c) A youth athlete who has been removed from an athletic activity may not return to physical participation until the youth athlete has been evaluated by a licensed or certified health-care provider and receives written clearance to return to physical participation from that provider. *History: Ord.19-305* ##### § 54-6 Automated external defibrillators. Balt., Md., Code art. 7, § 54-6 (2026) (a) The Department must make an automated external defibrillator available to any youth sports program holding a permit for use of any Department facility. (b) Nothing in this section imposes any duty or obligation on any person to provide assistance with an automated external defibrillator to a victim of a medical emergency. *History: Ord.19-305* ##### § 54-7 Balt., Md., Code art. 7, § 54-7 (2026) Reserved ##### § 54-8 Civil liability of Department, etc. Balt., Md., Code art. 7, § 54-8 (2026) Nothing in this subtitle may be construed to create, establish, expand, reduce, contract, or eliminate any civil liability on the part of the Department, its employees, any youth sports programs, or any coaches. *History: Ord.19-305* #### Subtitles 55 to 60 ### Division VI – Miscellaneous #### Subtitle 61 – Inactive Quarries ##### § 61-1 Fencing required. Balt., Md., Code art. 7, § 61-1 (2026) (a) All quarries which have been abandoned and are not actively operated shall be enclosed by a fence not less than 6 feet in height. (b) Said fence: (1) to be constructed in such manner and of such materials as in the judgment of the Commissioner of Housing and Community Development will prevent any persons from entering upon the said quarry; and (2) to be provided with a gate which shall be securely closed, except at such times when persons duly authorized persons are upon said premises. *History: Ord. 24-231* *History: Ord. 77-573* ##### § 61-2 Maintenance of fences. Balt., Md., Code art. 7, § 61-2 (2026) (a) Said fence shall at all times be kept in repair. (b) The Commissioner of Housing and Community Development is authorized and directed to immediately notify the owners, agents, or persons in possession of any such quarry to comply with the terms hereof. *History: Ord. 24-231* *History: Ord. 77-573* ##### § 61-3 Administrative enforcement. Balt., Md., Code art. 7, § 61-3 (2026) (a) Upon the failure of any such owners, agents, or persons in possession of any abandoned quarry to comply with the terms hereof within 10 days after being notified by the Commissioner of Housing and Community Development, the Commissioner shall forthwith enter upon the said premises and erect a fence or repair an existing fence, as the case may be. (b) The Commissioner is further directed to certify to the collector of taxes the costs of erecting such fence or of making such repairs which shall be a lien upon the property and shall be collected in the same manner as taxes. *History: Ord. 24-231* *History: Ord. 77-573* ##### § 61-4 Penalties. Balt., Md., Code art. 7, § 61-4 (2026) Any owners, agents, or persons in possession of any such quarry who shall fail to comply with the terms of this subtitle within 10 days after being notified by the Commissioner of Housing and Community Development to fence any such quarry or repair an existing fence shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned for not more than 30 days or fined not more than $100 or both, said fine or fines to be collected and disposed of as other fines. *History: Ord. 24-231* *History: Ord. 77-573* #### Subtitle 62 – Plastic Bag Reduction ##### § 62-1 Definitions. Balt., Md., Code art. 7, § 62-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) (1) In this subsection: (i) “person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article; but (ii) notwithstanding § 1-107(b) {“Person: Exclusion”} of that article, “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. (2) (i) “Dealer” means any person engaged in the retail sale of goods. (ii) “Dealer” includes any: (A) supermarket; (B) convenience store; (C) restaurant; (D) shop; (E) service station; or (F) other sales outlet. (c) (1) “Plastic checkout bag” means any plastic bag that is: (i) supplied by a dealer at the point of sale, pickup, or delivery to carry purchased items; and (ii) less than 4 mils thick. (2) “Plastic checkout bag” does not include a compostable plastic bag that: (i) is certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (ii) is capable of undergoing biological decomposition in a compost site such that the material breaks down into carbon dioxide, water, inorganic compounds, and biomass at a rate consistent with known compostable materials. *History: Ord. 20-337* *History: Ord. 22-125* ##### § 62-2 Balt., Md., Code art. 7, § 62-2 (2026) Reserved ##### § 62-3 Prohibited conduct. Balt., Md., Code art. 7, § 62-3 (2026) Except as provided in § 62-4 {“Exemption: Bags for certain products”} of this subtitle, no dealer may supply customers with plastic checkout bags. *History: Ord. 20-337* ##### § 62-4 Exemption: Bags for certain products. Balt., Md., Code art. 7, § 62-4 (2026) This subtitle does not apply to a plastic checkout bag solely used to contain: (1) fresh fish and fresh fish products; (2) fresh meat and fresh meat products; (3) fresh poultry and fresh poultry products; (4) otherwise unpackaged fruits, nuts, or vegetables; (5) otherwise unpackaged confectionery; (6) otherwise unpackaged fresh cheese; (7) otherwise unpackaged baked goods; (8) ice; (9) food and goods obtained at a farmers’ market; (10) prescription drugs obtained from a pharmacy; (11) newspapers; or (12) dry-cleaned goods. *History: Ord. 20-337* ##### §§ 62-5 to 62-6 Balt., Md., Code art. 7, § 62-5 to 62-6 (2026) Reserved ##### § 62-7 Data Reporting. Balt., Md., Code art. 7, § 62-7 (2026) The Baltimore City Department of Information Technology, using available data from the 311 system and the Environmental Control Board, shall publish data on the Open Baltimore web portal that reflects: (1) the number of complaints received by the City of Baltimore under this subtitle; and (2) the number of citations issued under this subtitle. *History: Ord. 20-337* ##### §§ 62-8 to 62-9 Balt., Md., Code art. 7, § 62-8 to 62-9 (2026) Reserved ##### § 62-10 Enforcement by citation. Balt., Md., Code art. 7, § 62-10 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 20-337* ##### § 62-11 Criminal penalties. Balt., Md., Code art. 7, § 62-11 (2026) (a) Any dealer who violates any provision of this subtitle after having twice received an environmental citation, each resulting in any final disposition other than not guilty, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each plastic checkout bag supplied to a customer in violation of this subtitle is a separate offense. *History: Ord. 20-337* ## Article 8 – Ethics ### Subtitle 1 – Findings; Policy; Short Title #### § 1-1 Findings. Balt., Md., Code art. 8, § 1-1 (2026) (a) The Mayor and City Council of Baltimore recognizes that our system of representative government largely depends on the people’s trust in their public servants. (b) The citizens of Baltimore City rely on their public servants to preserve their safety, health, and welfare through fair and impartial enforcement of laws, imposition of taxes, and expenditure of public funds. (c) Each citizen of Baltimore City has a right to be assured of the fair, impartial, and independent judgment of all public servants. *History: Ord. 04-795* #### § 1-2 Goals; purpose. Balt., Md., Code art. 8, § 1-2 (2026) To guard against improper influence or even the appearance of improper influence, and to ensure public trust in the government, the Mayor and City Council of Baltimore enacts this article to: (1) set minimum ethical standards of conduct for City officials and employees; (2) require certain officials and employees to disclose their financial interests; (3) require persons engaged in lobbying activities to register and disclose those activities; and (4) generally protect the public welfare. *History: Ord. 04-795* #### § 1-3 Short title. Balt., Md., Code art. 8, § 1-3 (2026) This article may be cited as the “Baltimore City Public Ethics Law”. *History: Ord. 04-795* ### Subtitle 2 – Definitions; General Provisions #### Part I – Definitions ##### § 2-1 In general. Balt., Md., Code art. 8, § 2-1 (2026) In this article, the following terms have the meanings indicated unless the context clearly requires a different meaning or a different definition is adopted for a particular statutory unit. *History: Ord. 04-795* ##### § 2-2 “Agency”. Balt., Md., Code art. 8, § 2-2 (2026) (a) “Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government. (b) “Agency” also includes: (1) Baltimore Children and Youth Fund; (2) Baltimore City Parking Authority; (3) Baltimore Development Corporation; (4) Baltimore Police Department; (5) Enoch Pratt Free Library of Baltimore City; (6) Housing Authority of Baltimore City; (7) Local Development Council, South Baltimore Video Lottery Terminal; (8) Pimlico Community Development Authority; (9) South Baltimore Gateway Community Impact District Management Authority; and (10) any individual not embraced in a unit of City government who exercises authority comparable to that of the head of a unit of City government. *History: Ord. 04-795* *History: Ord. 05-174* *History: Ord. 10-272* *History: Ord. 16-509* *History: Ord. 17-063* *History: Ord. 20-363* ##### § 2-3 “Board”. Balt., Md., Code art. 8, § 2-3 (2026) (a) “Board” means any board, commission, council, authority, committee, or other unit of City government that comprises 2 or more members, all of whom are appointed and serve on a part-time basis. (b) “Board” also includes: (1) Board of Commissioners of the Housing Authority of Baltimore City; (2) Board of Directors of the Baltimore Children and Youth Fund; (3) Board of Directors of the Baltimore City Parking Authority; (4) Board of Directors of the Baltimore Development Corporation; (5) Board of Directors of the South Baltimore Gateway Community Impact District Management Authority; (6) Civilian Review Board of Baltimore City; (7) Local Development Council, South Baltimore Video Lottery Terminal; and (8) Pimlico Community Development Authority. *History: Ord. 04-795* *History: Ord. 05-174* *History: Ord. 10-272* *History: Ord. 16-509* *History: Ord. 17-063* *History: Ord. 20-363* ##### § 2-4 “Business entity”. Balt., Md., Code art. 8, § 2-4 (2026) “Business entity” means any person engaged in business or other organized activity, whether for-profit or not-for-profit and regardless of form. *History: Ord. 04-795* ##### § 2-5 Balt., Md., Code art. 8, § 2-5 (2026) Reserved ##### § 2-6 “Child”. Balt., Md., Code art. 8, § 2-6 (2026) “Child” means a biological child, adopted child, stepchild, ward, or foster child, regardless of age. *History: Ord. 04-795* ##### § 2-7 “Compensation”. Balt., Md., Code art. 8, § 2-7 (2026) “Compensation” means any money or thing of value, regardless of form, received or to be received by a person for services rendered. *History: Ord. 04-795* ##### § 2-8 “Elected official”. Balt., Md., Code art. 8, § 2-8 (2026) “Elected official” means: (1) the Mayor; (2) the City Comptroller; (3) the President of the City Council; and (4) any member of the City Council. *History: Ord. 04-795* ##### § 2-9 “Employee”. Balt., Md., Code art. 8, § 2-9 (2026) (a) “Employee” means any employee of the City who is not an official. (b) “Employee” also includes an employee of any agency or board included within the scope of § 2-2 {“Agency”} or § 2-3 {“Board”} of this subtitle. *History: Ord. 04-795* ##### § 2-10 “Ethics Board”. Balt., Md., Code art. 8, § 2-10 (2026) “Ethics Board” means the Baltimore City Board of Ethics, established under Article VII, § 106 of the City Charter and Subtitle 3 {“Administration”) of this article. *History: Ord. 04-795* ##### § 2-11 “Executive Director”. Balt., Md., Code art. 8, § 2-11 (2026) “Executive Director” means the Executive Director of the Ethics Board or the Executive Director’s designee. *History: Ord. 04-795* ##### §§ 2-12 to 2-15 Balt., Md., Code art. 8, § 2-12 to 2-15 (2026) Reserved ##### § 2-16 “Financial interest”. Balt., Md., Code art. 8, § 2-16 (2026) “Financial interest” means ownership of: (1) more than 3% of a business entity; (2) securities of any kind that represent or are convertible into ownership of more than 3% of a business entity; or (3) any interest as the result of which the owner: (i) received more than $1,000 in any 1 of the preceding 3 calendar years; or (ii) is entitled to receive more than $1,000 in the current or any subsequent calendar year. *History: Ord. 04-795* ##### § 2-17 “Gift”. Balt., Md., Code art. 8, § 2-17 (2026) (a) “Gift” means, except as specified in subsection (b) of this section, the transfer of any thing or any service of economic value, regardless of the form, without adequate, identifiable, and lawful consideration. (b) “Gift” does not include the solicitation, acceptance, receipt, or disposition of a political contribution that is regulated under State Election Law Article, Title 13 {“Campaign Finance”} or under any other state law that regulates the conduct of elections or the receipt of political contributions. *History: Ord. 04-795* *History: Ord. 11-484* *History: Ord. 17-068* ##### § 2-18 Balt., Md., Code art. 8, § 2-18 (2026) Reserved ##### § 2-19 “Interest”. Balt., Md., Code art. 8, § 2-19 (2026) (a) “Interest” means, except as specified in subsection (b) of this section, any legal or equitable economic interest, whether or not subject to an encumbrance or a condition, that is owned or held wholly or partly, jointly or severally, or directly or indirectly. (b) “Interest” does not include: (1) an interest held in the capacity of a personal representative, agent, custodian, fiduciary, or trustee, unless the holder has an equitable interest in the subject matter; (2) an interest in a time or demand deposit in a financial institution; (3) an interest in an insurance policy, endowment policy, or annuity contract under which an insurer promises to pay a fixed amount of money, either in a lump sum or periodically for life or some other specified period; (4) an interest in a mutual fund that is publicly traded on a national scale, unless the mutual fund is composed primarily of holdings of stocks and interests in a specific sector or area that is regulated by the public servant’s agency; (5) an interest in a trust that is qualified under § 401 or § 501 of the Internal Revenue Code and forms part of a pension or a profit-sharing plan; (6) an interest in a qualified tuition plan under § 529 of the Internal Revenue Code; or (7) a mutual fund or exchange-traded fund that is publicly traded on a national scale unless the mutual fund or exchange-traded fund is composed primarily of holdings of stocks and interests in a specific sector or area that is regulated by the public servant’s agency. *History: Ord. 04-795* *History: Ord. 16-585* *History: Ord. 19-239* ##### § 2-20 “Lobbyist”. Balt., Md., Code art. 8, § 2-20 (2026) “Lobbyist” means any person required to register with the Ethics Board under Subtitle 8 {“Lobbying”} of this article. *History: Ord. 04-795* ##### § 2-21 “Official”. Balt., Md., Code art. 8, § 2-21 (2026) (a) “Official” means: (1) an elected official; (2) the head of any department; (3) the head of any bureau or division within a department; and (4) any other individual in a unit of City government who, whether acting alone or as a member of a board acting jointly with other board members: (i) has authority comparable to that of the head of a department or the head of a bureau or division; (ii) has decision-making authority in making City policy; (iii) has decision-making authority in the exercise of quasi-judicial, regulatory, licensing, inspecting, or auditing functions; or (iv) acts as a principal advisor to one who has authority of the type listed. (b) “Official” also includes the Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, Executive Director, Executive Secretary, or Administrator of any agency or board included within the scope of § 2-2 {“Agency”} or § 2-3 {“Board”} of this subtitle. *History: Ord. 04-795* *History: Ord. 16-509* ##### § 2-22 “Person”. Balt., Md., Code art. 8, § 2-22 (2026) (a) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (b) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this article “person” also includes, except as used in Subtitle 9 {“Enforcement”} for the imposition of criminal penalties, a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 04-795* *History: Ord. 10-267* *History: Ord. 19-332* *History: Ord. 22-125* ##### § 2-23 “Public servant”. Balt., Md., Code art. 8, § 2-23 (2026) “Public servant” means any official or employee. *History: Ord. 04-795* ##### § 2-24 “Quasi-governmental entity”. Balt., Md., Code art. 8, § 2-24 (2026) “Quasi-governmental entity” means an entity that: (1) is created by a state statute; (2) performs a public function; and (3) is supported in whole or in part by the state, but is managed privately. *History: * ##### §§ 2-25 to 2-30 Balt., Md., Code art. 8, § 2-25 to 2-30 (2026) Reserved *History: * #### Part II – Rules of Interpretation ##### § 2-31 In general. Balt., Md., Code art. 8, § 2-31 (2026) In interpreting and applying this article, the following rules of interpretation apply: (1) those contained in Subtitles 2 and 3 of the City Code’s General Provisions Article; and (2) any additional rules contained in this Part II. *History: Ord. 04-795* *History: Ord. 22-125* ##### § 2-32 Conflicting provisions. Balt., Md., Code art. 8, § 2-32 (2026) (a) In their interpretation and application, the provisions of this article must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. (b) If another applicable law relating to conflicts of interest, financial disclosure, or lobbying is more stringent than this article, that provision also applies. (c) If an agency adopts a rule or regulation relating to conflicts of interest that is more stringent than this article, that provision also applies. *History: Ord. 04-795* *History: Ord. 22-125* ##### § 2-33 Liberal construction. Balt., Md., Code art. 8, § 2-33 (2026) The Mayor and City Council intends that the provisions of this article, except those imposing criminal sanctions, be liberally construed to accomplish their purposes. *History: Ord. 04-795* *History: Ord. 22-125* ### Subtitle 3 – Administration #### Part I – Ethics Board ##### § 3-1 Establishment. Balt., Md., Code art. 8, § 3-1 (2026) There is a Baltimore City Board of Ethics, as established under Article VII, § 106 of the City Charter and this subtitle. *History: Ord. 04-795* ##### § 3-2 Appointment and qualifications. Balt., Md., Code art. 8, § 3-2 (2026) (a) The Ethics Board comprises the following 5 members, appointed by the Mayor in accordance with City Charter Article IV, § 6: (1) 1 member nominated by the President of the City Council; (2) 1 member nominated by the City Comptroller; and (3) 3 members named by the Mayor, at least 2 of whom must be members of the Maryland Bar. (b) (1) Each member of the Ethics Board must be: (i) an individual of known personal integrity; (ii) someone who possesses a recognized knowledge and interest in government and civics; and (iii) a resident of the City of Baltimore. (2) No person may be appointed to the Board or, once appointed, continue to serve on the Board if the person: (i) is or becomes a lobbyist under the State Public Ethics Law, Subtitle 8 of this article, or the ethics code of any political subdivision of this State; (ii) is or becomes an officer or employee of the State, the City, or any other political subdivision of the State, or of any of their respective agencies, instrumentalities, or other units (other than a State college, university, or other institution of higher education); or (iii) is or becomes a candidate for elected public office of the State, the City, or any other political subdivision of the State. *History: Ord. 04-795* *History: Ord. 10-272* ##### § 3-3 Tenure; removal. Balt., Md., Code art. 8, § 3-3 (2026) (a) (1) In accordance with City Charter Article VII, § 108(a), the term of a member is 5 years. (2) The terms of the members are staggered as required by the terms for the members first appointed under the 2010 amendments to this subtitle. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (b) (1) The Mayor may remove an appointed member as provided in City Charter Article IV, § 6, but only for the following causes: (i) neglect of duty; (ii) misconduct in office; (iii) a disability that makes the member unable to discharge the powers and duties of the office; or (iv) a violation of this article. (2) Before seeking City Council approval for a removal, the Mayor must give the member: (i) written notice of the charges; and (ii) an opportunity to reply to the charges. *History: Ord. 04-795* *History: Ord. 10-272* ##### § 3-4 Officers. Balt., Md., Code art. 8, § 3-4 (2026) (a) (1) The Ethics Board must elect a Chair from among its members. (2) The term of the Chair is 1 year. (3) The Chair may be reelected. (b) The Ethics Board may elect a Vice-Chair and other officers from among its members. *History: Ord. 04-795* *History: Ord. 10-272* *History: Ord. 11-520* ##### § 3-5 Meetings; compensation. Balt., Md., Code art. 8, § 3-5 (2026) (a) 3 Members of the Ethics Board are a quorum. (b) (1) An affirmative vote of at least 3 members is needed for any action by the Ethics Board. (2) The Board’s records must show how each member voted on each question. (c) All meetings of the Ethics Board must be conducted in accordance with the State Open Meetings Act, Title 3 of the State General Provisions Article. (d) The members of the Ethics Board: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. *History: Ord. 04-795* *History: Ord. 16-503* ##### § 3-6 Rules and regulations; orders. Balt., Md., Code art. 8, § 3-6 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Ethics Board may adopt rules and regulations to carry out the provisions of this article. (b) The Ethics Board may issue orders necessary or appropriate to carry out the provisions of this article. *History: Ord. 04-795* *History: Text Conformed 02/16/21* ##### §§ 3-7 to 3-10 Balt., Md., Code art. 8, § 3-7 to 3-10 (2026) Reserved #### Part II – Staff and Other Assistance ##### § 3-11 Executive Director and staff. Balt., Md., Code art. 8, § 3-11 (2026) (a) The Inspector General serves as the Executive Director of the Ethics Board and is responsible for assisting the Board in performing its responsibilities. (b) In consultation with the Board, the Executive Director may assign staff from the Office of the Inspector General to assist the Board and Executive Director. *History: Ord. 04-795* *History: Ord. 20-354* ##### § 3-12 Other assistance. Balt., Md., Code art. 8, § 3-12 (2026) At the request of the Ethics Board, the Baltimore Police Department, City Solicitor, City Comptroller, and all other City officials and agencies must provide reasonable investigative or other professional assistance to the Board. *History: Ord. 04-795* ##### §§ 3-13 to 3-15 Balt., Md., Code art. 8, § 3-13 to 3-15 (2026) Reserved #### Part III – General Administration ##### § 3-16 Forms. Balt., Md., Code art. 8, § 3-16 (2026) The Ethics Board must prepare and distribute all forms required by this article. *History: Ord. 04-795* ##### § 3-17 Review of statements and reports. Balt., Md., Code art. 8, § 3-17 (2026) As required by the Ethics Board from time to time, the Executive Director must: (1) review statements and reports filed in accordance with Subtitle 7 {”Financial Disclosure”} and Subtitle 8 {”Lobbying”} of this article; and (2) notify individuals who submit documents under those subtitles of any omissions or deficiencies. *History: Ord. 04-795* ##### § 3-18 Records. Balt., Md., Code art. 8, § 3-18 (2026) (a) The Ethics Board must retain all documents filed with it and all other records of the Board for at least: (1) 4 years; or (2) if longer, the period set by the Archives and Records Management Committee in consultation with the Ethics Board. (b) The Ethics Board must make these documents and other records available for public inspection and copying during regular office hours. (c) The Ethics Board may charge a reasonable fee for the examination and copying of documents or other records. *History: Ord. 04-795* ##### § 3-19 Public awareness. Balt., Md., Code art. 8, § 3-19 (2026) The Ethics Board must publish and make publicly available information that explains the provisions of this article, the duties imposed by it, and the means for enforcing it. *History: Ord. 04-795* ##### § 3-20 Training courses. Balt., Md., Code art. 8, § 3-20 (2026) (a) The Ethics Board must develop and offer a training course of not less than 2 hours on the requirements of this article. (b) (1) Except as provided in paragraph (2) of this subsection, every official must complete the training course within 6 months of his or her appointment or reappointment to office. (2) The training requirements of this subsection do not apply to: (i) an official who, within the 3 years preceding his or her appointment or reappointment, completed a training course provided under this section; or (ii) an individual who is an official only by virtue of being a board member, unless the board: (A) is one of the entities listed in § 7-8 {“[Disclosures statements] – Agency officials and staff”} of this article; or (B) performs one of the functions described in § 7-9 {“[Disclosure statements] – Procurement, legislative liaison, and enforcement personnel”} of this article. (c) (1) After consultation with the Board, an agency head may authorize or require one or more classes of agency employees to attend the training course. (2) On request of the agency head, the Board must offer the training course to those employees as soon as practicable. (3) The Board must annually notify agency heads of the availability of the training course under this subsection. (d) The Department of Human Resources must provide the Ethics Board with: (1) appropriate facilities for conducting the training course; (2) timely notice of the appointment of all officials subject to the training requirements; and (3) administrative and other assistance. *History: Ord. 04-795* *History: Ord. 04-822* *History: Ord. 10-272* *History: Ord. 16-585* ##### § 3-21 Conflicts affidavit. Balt., Md., Code art. 8, § 3-21 (2026) (a) Each official must, within 6 months of his or her initial appointment to office, complete and file with the Ethics Board and with that official’s appointing authority, an affidavit that certifies, under penalties of perjury, that the official: (1) has read and understands the provisions of this article governing conflicts of interest; (2) is not then in violation of those provisions; and (3) obligates himself or herself to comply with those provisions in all future activities. (b) The affidavit must be in the form that the Ethics Board requires. *History: Ord. 04-795* *History: Ord. 17-068* ##### § 3-22 Oaths and subpoenas. Balt., Md., Code art. 8, § 3-22 (2026) (a) The Ethics Board and Executive Director each may: (1) administer oaths; and (2) issue subpoenas for the attendance of witnesses to testify or to produce other evidence. (b) A subpoena issued under this section may be judicially enforced. *History: Ord. 04-795* ##### § 3-23 Filing fees. Balt., Md., Code art. 8, § 3-23 (2026) (a) Except as otherwise specified in this article, the Ethics Board may charge reasonable filing fees for statements, reports, and other documents filed under this article. (b) The Board may not charge a fee for a disclosure statement timely filed under Subtitle 7 {“Financial Disclosure”} of this article. (c) The fees charged may include late fees for any document that is filed after the applicable deadline. *History: Ord. 04-795* *History: Ord. 13-180* ##### § 3-24 Notices to new appointees. Balt., Md., Code art. 8, § 3-24 (2026) (a) An individual who is appointed to fill a vacancy in a position must be given written notice, in a form approved by the Ethics Board, of the requirements of: (1) § 3-20 {“Training courses”}; (2) § 3-21 {“Conflicts affidavit”}; and (3) § 7-12 {“Financial Disclosure: Appointee to vacancy”}. (b) (1) For Board members and uncompensated appointees of the Mayor, the notice required by subsection (a) of this section must be given by the Mayor or the Mayor’s designee. (2) For all other appointees, the notice must be given by the appointee’s agency head or the agency head’s designee. (c) The notice required by subsection (a) of this section must be given within 5 days after the appointment. (d) (1) To evidence receipt by the appointee and understanding of the appointee’s responsibilities, the notice required by subsection (a) must be signed by both the appointee and the official providing the appointee the notice. (2) Within 5 days of signing, a copy of the signed notice required under this subsection must be: (i) placed in the appointee’s agency personnel file; and (ii) provided to the Ethics Board. (e) (1) An individual who is nominated to fill a vacancy on a City board must also be given written notice, in a form approved by the Ethics Board, of the provisions of § 6-14 {“Exceptions – New board members”} of this article. (2) The notice required by paragraph (1) of this subsection must be given by the Mayor or the Mayor’s designee at least 14 days before the appointment is to be confirmed. *History: Ord. 04-795* *History: Ord. 04-822* *History: Ord. 16-585* *History: Ord. 19-287* ##### § 3-25 Exemptions for boards. Balt., Md., Code art. 8, § 3-25 (2026) (a) The Ethics Board may exempt from this article, or modify the applicability of this article to, a board or 1 or more members of a board if the Ethics Board determines that, because of the nature of the board, the application of this article to the board or member: (1) would significantly reduce the availability of qualified individuals for public service; and (2) is not needed to preserve the purposes of this article. (b) An exemption under this section may be granted only on the written request of the board involved. *History: Ord. 04-795* ##### § 3-26 Reports. Balt., Md., Code art. 8, § 3-26 (2026) The Ethics Board must submit to the Mayor and the City Council: (1) an annual report on its activities; and (2) as appropriate from time to time, based on its investigations and studies, special reports with recommendations for legislation. *History: Ord. 10-272* ### Subtitle 4 – Advisory Opinions #### § 4-1 Request for opinion. Balt., Md., Code art. 8, § 4-1 (2026) (a) At the written request of a person who is subject to this article, the Ethics Board must provide an advisory opinion, in a timely fashion, on the article’s application to that person under the circumstances described in the request. (b) At the written request of any person not within the scope of subsection (a) of this section, the Ethics Board may provide that person with an advisory opinion on the article’s application to the circumstances described in the request. *History: Ord. 04-795* #### § 4-2 Executive Director’s assistance. Balt., Md., Code art. 8, § 4-2 (2026) (a) The Executive Director must assist any person who needs or asks for help in preparing a written request under §4-1(a) {“Request for opinion: Requester’s right”} of this subtitle. (b) The Executive Director may assist any person who needs or asks for help in preparing a written request under §4-1(b) {“Request for opinion: Executive Director’s discretion”} of this subtitle. *History: Ord. 04-795* #### § 4-3 Publication. Balt., Md., Code art. 8, § 4-3 (2026) (a) Each advisory opinion of the Ethics Board must be: (1) in writing; and (2) subject to the redactions required by subsection (b) of this section, filed and made available for public inspection. (b) (1) Neither the Ethics Board nor its staff may reveal the identity of the person that is the subject of an advisory opinion. (2) Before an advisory opinion is made public, the Ethics Board must delete: (i) the name of the person that is the subject of the opinion; and (ii) to the fullest extent possible, any other information that might identify that person. *History: Ord. 04-795* #### § 4-4 Reliance on opinion. Balt., Md., Code art. 8, § 4-4 (2026) Any person subject to this article is entitled to rely on an advisory opinion of the Ethics Board that: (1) is reasonably applicable to that person’s circumstances; and (2) has not been: (i) overruled by a later opinion of the Ethics Board; or (ii) superseded by an amendment to the applicable provisions of this article or of the rules and regulations adopted under it. *History: Ord. 04-795* ### Subtitle 5 – Complaints #### § 5-1 Commencement of action. Balt., Md., Code art. 8, § 5-1 (2026) (a) (1) Any person may file a complaint with the Ethics Board alleging a violation of this article. (2) A complaint filed under this subsection must be: (i) in writing; (ii) under oath; and (iii) signed by the complainant. (b) On its own motion, the Ethics Board may issue a written complaint alleging a violation of this article. *History: Ord. 04-795* #### § 5-2 Copy to respondent. Balt., Md., Code art. 8, § 5-2 (2026) (a) Subject to the redactions required by subsection (b) of this section, the Executive Director must promptly send the respondent a copy of the complaint. (b) For a complaint filed under § 5-1(a) {“Commencement of action: On complaint of other”} of this subtitle, the Executive Director must delete from the copy sent to the respondent: (1) the complainant’s name; and (2) to the fullest extent possible, any other information that might identify the complainant. *History: Ord. 04-795* #### § 5-3 Preliminary investigation. Balt., Md., Code art. 8, § 5-3 (2026) (a) The Executive Director must promptly investigate the complaint. (b) The Executive Director must report his or her findings to the Ethics Board within a reasonable time. *History: Ord. 04-795* #### § 5-4 Dismissal on cure of violation. Balt., Md., Code art. 8, § 5-4 (2026) (a) If the investigation discloses a prima facie violation, the Executive Director must: (1) so notify the respondent; and (2) provide the respondent with an opportunity to cure the violation. (b) The Ethics Board may dismiss the complaint if: (1) within 15 days after the Executive Director’s notice, the respondent cures the alleged violation; and (2) the Board finds that a dismissal would not be contrary to the purposes of this article. (c) If the Ethics Board dismisses a complaint under this section, the Executive Director promptly must notify the complainant and respondent of the dismissal. *History: Ord. 04-795* #### § 5-5 Dismissal on preliminary review. Balt., Md., Code art. 8, § 5-5 (2026) (a) After receiving the report of the investigation, if the Ethics Board determines that the facts do not merit further proceedings, the Board must dismiss the complaint. (b) If the Ethics Board dismisses a complaint under this section, the Executive Director promptly must notify the complainant and respondent of the dismissal. *History: Ord. 04-795* #### § 5-6 Hearing on complaint. Balt., Md., Code art. 8, § 5-6 (2026) (a) If the complaint is not dismissed under § 5-4 {“Dismissal on cure of violation”} or § 5-5 {“Dismissal on preliminary review”} of this subtitle, the Ethics Board must provide the respondent with notice and an opportunity for a hearing before the Board. (b) At the hearing, the respondent is entitled to be represented by counsel. (c) In its rules and regulations, the Ethics Board must establish procedures to govern the conduct of hearings held under this subtitle. *History: Ord. 04-795* #### § 5-7 Disposition. Balt., Md., Code art. 8, § 5-7 (2026) (a) After the Ethics Board considers all of the evidence presented, it must make written findings of fact and conclusion of law on each alleged violation. (b) If the Ethics Board determines that the respondent has not violated this article, the Board must: (1) dismiss the complaint; and (2) promptly notify the complainant and respondent of the dismissal. (c) If the Ethics Board determines that the respondent has violated any provision of this article, the Board may take any 1 or more of the actions authorized in Subtitle 9 {“Enforcement”}, Part II {“Administrative Sanctions”}. *History: Ord. 04-795* *History: Ord. 11-520* #### § 5-8 Judicial and appellate review. Balt., Md., Code art. 8, § 5-8 (2026) (a) A respondent aggrieved by a final decision of the Ethics Board under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 04-795* *History: Ord. 19-332* #### § 5-9 Confidentiality of proceedings. Balt., Md., Code art. 8, § 5-9 (2026) (a) Notwithstanding any other law and except as otherwise provided in this section, after a complaint is filed: (1) the proceedings, meetings, and activities of the Ethics Board and its staff relating to the complaint are confidential; and (2) neither the Ethics Board nor its staff may disclose any information relating to the complaint, including the identity of the complainant or the respondent. (b) (1) The Ethics Board may release any information, other than the complainant’s identity, if the respondent has agreed in writing to the release. (2) The Ethics Board may disclose the complainant’s identity to the respondent only at the respondent’s request and for good cause shown. (c) The restrictions imposed by this section terminate when: (1) the matter is referred for criminal prosecution; or (2) the Ethics Board determines that a violation has occurred. *History: Ord. 04-795* ### Subtitle 6 – Conflicts of Interest #### Part I – Definitions ##### § 6-1 Definitions. Balt., Md., Code art. 8, § 6-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Disqualifying relative”, as applied to an individual, means that individual’s spouse, parent, child, or sibling. *History: Ord. 04-795* ##### §§ 6-2 to 6-5 Balt., Md., Code art. 8, § 6-2 to 6-5 (2026) Reserved #### Part II – Restrictions on Participation ##### § 6-6 Prohibited participation. Balt., Md., Code art. 8, § 6-6 (2026) (a) In this section, “business entity” does not include Baltimore City or any instrumentality, unit, or agency of Baltimore City. (b) Except as otherwise provided in this Part II, a public servant may not participate in and must disqualify himself or herself from any matter if: (1) the public servant has an interest in the matter of which the public servant might reasonably be expected to know; (2) to the public servant’s knowledge, a disqualifying relative has an interest in the matter; or (3) any of the following is a party to the matter: (i) any business entity in which: (A) the public servant has a financial interest of which the public servant might reasonably be expected to know; or (B) to the public servant’s knowledge, a disqualifying relative has a financial interest; (ii) any business entity in which: (A) the public servant is a partner, officer, director, trustee, employee, or agent; or (B) to the public servant’s knowledge, a disqualifying relative is a partner, officer, director, trustee, employee, or agent; (iii) any business entity with which: (A) the public servant has applied for a position, is negotiating employment, or has arranged prospective employment; or (B) to the public servant’s knowledge, a disqualifying relative has applied for a position, is negotiating employment, or has arranged prospective employment; (iv) any business entity that is a party to a contract with: (A) the public servant, if the contract could reasonably be expected to result in a conflict between the private interests of the public servant and the public servant’s official City duties; or (B) to the public servant’s knowledge, a disqualifying relative, if the contract could reasonably be expected to result in a conflict between the private interests of the public servant or disqualifying relative and the public servant’s official City duties; (v) any business entity in which a financial interest is held by another business entity in which the public servant has a financial interest, if the public servant might reasonably be expected to know of both financial interests; (vi) any business entity in which a financial interest is held by another business entity in which a disqualifying relative has a financial interest, if the public servant knows of both financial interests; (vii) any business entity that has a financial interest in another business entity in which the public servant also has a financial interest, if the public servant might reasonably be expected to know of both financial interests; (viii) any business entity that has a financial interest in another business entity in which a disqualifying relative also has a financial interest, if the public servant knows of both financial interests; or (ix) any business entity that, to the public servant’s knowledge, is a creditor or obligee of the public servant or a disqualifying relative and that, as a creditor or obligee, is in a position to affect directly and substantially the interest of the public servant or disqualifying relative. *History: Ord. 04-795* *History: Ord. 10-267* *History: Ord. 13-102* ##### § 6-6.1 Restrictions for former lobbyists. Balt., Md., Code art. 8, § 6-6.1 (2026) (a) Except as otherwise provided in subsection (b) of this section, a former lobbyist who is or becomes subject to regulation under this subtitle as an official may not participate in a case, contract, or other specific matter as an official for 1 calendar year after the termination of the former lobbyist’s registration if the former lobbyist previously assisted or represented another party for compensation in that case, contract, or other specific matter. (b) This section does not apply to a former lobbyist who is an official only as a member of a board. *History: Ord. 19-239* ##### § 6-7 Exceptions. Balt., Md., Code art. 8, § 6-7 (2026) (a) The prohibitions in § 6-6 {“Prohibited participation”} of this subtitle do not apply to the extent that participation in a matter is expressly allowed: (1) by a rule or regulation of the Ethics Board; (2) by an advisory opinion of the Ethics Board; or (3) by another provision of this article. (b) The prohibitions in § 6-6 {“Prohibited participation”} of this subtitle do not prohibit the exercise of a ministerial duty that does not affect the disposition of or any decision relating to the matter involved. *History: Ord. 04-795* ##### § 6-8 Participation notwithstanding conflict. Balt., Md., Code art. 8, § 6-8 (2026) (a) Subject to subsection (b) of this section, a public servant who otherwise would be disqualified under § 6-6 {“Prohibited participation”} of this subtitle may nonetheless participate in a matter if: (1) his or her disqualification would leave a board or other body with less than a quorum capable of acting; (2) the public servant is required by law to act; or (3) the public servant is the only individual authorized to act. (b) (1) A public servant who seeks to participate in a matter under the authority of this section must comply with the requirements of this subsection. (2) If acting as a member of a board or other body, the public servant must, before participating, publicly disclose to that board or other body the nature and circumstances of the conflict. (3) In all cases, the public servant must, as soon as possible after participating, file with the Ethics Board and the public servant’s appointing authority a written notice of the nature and circumstances of the conflict and the participation. *History: Ord. 04-795* ##### § 6-9 Service with entity on City’s behalf. Balt., Md., Code art. 8, § 6-9 (2026) The prohibitions in § 6-6 {“Prohibited participation”} of this subtitle do not apply to the service of a public servant as a trustee or director of a business entity doing business with or subject to regulation by the City as long as: (1) the City has an economic or programmatic interest in the entity; and (2) the public servant: (i) serves on the entity as part of his or her official duties, at the direction of his or her agency; (ii) receives no fee, salary, or other remuneration for his or her service; and (iii) does not participate in any matter in which the public servant or any disqualifying relative has a financial interest. *History: Ord. 04-795* ##### § 6-10 Balt., Md., Code art. 8, § 6-10 (2026) Reserved #### Part III – Restrictions on Employment and Interests ##### § 6-11 Prohibited employment, interests. Balt., Md., Code art. 8, § 6-11 (2026) Except as otherwise provided in this Part III, a public servant may not: (1) be employed by or have a financial interest in any person that is subject to the authority of that public servant or of the City agency with which the public servant is affiliated; (2) be employed by or have a financial interest in any person that is negotiating or has entered into: (i) a contract with the City or an agency of the City, if: (A) the contract is with, for the benefit of, or to be administered by the agency with which the public servant is affiliated; (B) the public servant’s duties for the City include matters substantially relating to or affecting the subject matter of the contract and the contract binds or purports to bind the City to pay more than $1,000; or (C) for any other contract, the public servant fails to timely disclose to the Ethics Board and the procuring agencies, as required by rule or regulation of the Ethics Board, his or her employment by or financial interest in the person who is negotiating or has entered into the contract; or (ii) a subcontract on a contract described in this item (2); or (3) hold any other employment relationship that would impair the impartiality and independent judgment of the public servant. *History: Ord. 04-795* *History: Ord. 11-484* *History: Ord. 15-374* ##### § 6-12 Exceptions – Board regulation. Balt., Md., Code art. 8, § 6-12 (2026) The prohibitions in § 6-11 {“Prohibited interests”} of this subtitle do not apply to an employment or financial interest that is allowed by a rule or regulation of the Ethics Board if: (1) in the case of employment, the employment does not create a conflict of interest or the appearance of a conflict of interest; and (2) in the case of a financial interest, the interest is disclosed in the manner required by the rule or regulation. *History: Ord. 04-795* ##### § 6-13 Exceptions – Industry representatives. Balt., Md., Code art. 8, § 6-13 (2026) The prohibitions in § 6-11 {“Prohibited interests”} of this subtitle do not apply to an individual who is appointed to a regulatory or licensing unit pursuant to a requirement that persons subject to the jurisdiction of the unit be represented in appointments to it. *History: Ord. 04-795* ##### § 6-14 Exceptions – New board members. Balt., Md., Code art. 8, § 6-14 (2026) (a) The prohibitions in § 6-11 {“Prohibited interests”} of this subtitle do not apply to a board member who holds the employment or financial interest at the time of his or her appointment, if that employment or financial interest is publicly disclosed to the appointing authority, the Ethics Board, and, if applicable, the City Council before confirmation. (b) The disclosure must be made by an affidavit, under penalties of perjury, in the form that the Ethics Board requires. *History: Ord. 04-795* ##### § 6-15 Exceptions – Service on City’s behalf. Balt., Md., Code art. 8, § 6-15 (2026) The prohibitions in § 6-11 {“Prohibited interests”} of this subtitle do not apply to the service of a public servant as a trustee or director of a business entity in accord with and subject to the limitations specified in § 6-9 {“Service ... on City’s behalf”} of this subtitle. *History: Ord. 04-795* ##### § 6-16 Extraordinary exemptions. Balt., Md., Code art. 8, § 6-16 (2026) (a) Subject to subsection (b) of this section, the Ethics Board may exempt a public servant from the prohibitions of § 6-11 {“Prohibited interests”} of this subtitle or modify the applicability of those prohibitions to a public servant if the Board determines that failure to grant the exemption or modification would limit the City’s ability to: (1) recruit and hire highly qualified or uniquely qualified professionals for public service; or (2) assure the availability of competent services to the public. (b) (1) The Ethics Board may grant an exemption or modification under this section only: (i) in extraordinary circumstances; (ii) at the request of the City agency involved; and (iii) with the Mayor’s approval of that request. (2) The Ethics Board must apply this section as consistently as possible under similar facts and circumstances. *History: Ord. 04-795* ##### § 6-17 Permitted transactions. Balt., Md., Code art. 8, § 6-17 (2026) The prohibitions of § 6-11 {“Prohibited interests”} of this subtitle do not prevent: (1) an elected official from appearing, without compensation, before any City agency or legislative body on behalf of constituents or in the performance of any public, official, or civic obligation or duty; (2) a public servant from accepting or receiving any benefit or facility that is provided for or made available to citizens or residents under any housing or other general welfare legislation or in the exercise of the police power, but only if the public servant does not exercise any responsibility or authority with respect to authorizing that benefit or facility for himself or herself; or (3) a public servant from entering into a contract with the City for the City’s acquisition of real property, if: (i) the amount to be paid for the property does not exceed the property’s value, as established by at least 2 competent real estate appraisers selected by the City; and (ii) all records of the City relating to the transaction are open to public inspection at all times during regular business hours. *History: Ord. 04-795* ##### §§ 6-18 to 6-20 Balt., Md., Code art. 8, § 6-18 to 6-20 (2026) Reserved ##### § 6-21 Contingent compensation. Balt., Md., Code art. 8, § 6-21 (2026) A public servant may not assist or represent a party for contingent compensation in any matter before or involving any City agency. *History: Ord. 04-795* ##### § 6-22 Post-employment restrictions. Balt., Md., Code art. 8, § 6-22 (2026) (a) After leaving office or terminating employment, a former public servant may not assist or represent a party, other than the City, in a case, contract, or other specific matter for compensation if: (1) the matter involves City government; and (2) the former public servant significantly participated in the same matter as a public servant. (b) (1) Except as provided in paragraph (2) of this subsection, a former elected official may not assist or represent another party for compensation in any matter that is the subject of legislative action for 1 calendar year from the date the elected official leaves office. (2) Paragraph (1) of this subsection does not apply to a former elected official’s representation of a municipal corporation, county, or State governmental entity. *History: Ord. 04-795* *History: Ord. 11-484* *History: Ord. 19-239* ##### §§ 6-23 to 6-25 Balt., Md., Code art. 8, § 6-23 to 6-25 (2026) Reserved #### Part IV – Gifts ##### § 6-26 Solicitation prohibited. Balt., Md., Code art. 8, § 6-26 (2026) (a) Except as permitted under subsection (b) of this section, a public servant may not solicit or facilitate the solicitation of a gift, whether on the public servant’s own behalf or on behalf of another person. (b) The prohibition in subsection (a) of this section does not apply to a solicitation if: (1) it is for the benefit of an official governmental program or activity or a City-endorsed charitable function or activity; and (2) it either: (i) is expressly allowed by a rule or regulation of the Ethics Board; or (ii) otherwise has been approved in advance by the Ethics Board, on the written request of the public servant and his or her agency. *History: Ord. 04-795* *History: Ord. 10-267* *History: Ord. 15-373* *History: * ##### § 6-27 Acceptance prohibited. Balt., Md., Code art. 8, § 6-27 (2026) Except as otherwise provided in this Part IV, a public servant may not knowingly accept any gift, directly or indirectly, from any person that the public servant knows or has reason to know: (1) does or seeks to do business of any kind, regardless of amount: (i) with the public servant’s agency; or (ii) with another person in connection with or in furtherance of a contract that is being negotiated or has been entered into by the other person with the public servant’s agency; (2) engages or seeks to engage in an activity that is regulated or controlled by the public servant’s agency; (3) is or, within the preceding 12 months, has been a lobbyist with respect to matters within the jurisdiction of the public servant; (4) has a financial interest that might be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the public servant’s official duties; (5) is an association, or any entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations; or (6) is an owner, partner, officer, director, trustee, employee, or agent of any person described in items (1) through (4) of this section. *History: Ord. 04-795* *History: Ord. 10-267* *History: Ord. 15-373* *History: Ord. 16-503* *History: * ##### § 6-28 Qualified exemptions. Balt., Md., Code art. 8, § 6-28 (2026) Subject to § 6-29 {“Exemption limitations”} of this subtitle, the prohibitions in § 6-27 {“Acceptance prohibited”} of this subtitle do not apply to the unsolicited receipt of: (1) food or beverages received and consumed by the recipient in the presence of the donor or sponsoring entity; (2) gifts or awards that have insignificant monetary value, as defined by rule or regulation of the Board; (3) in return for a speaking engagement or participation on a panel at a meeting, reasonable expenses, actually incurred and verifiable, for food, travel, lodging, child or dependant care, and scheduled entertainment of the public servant, but only if: (i) the expenses are associated with the meeting; and (ii) to the extent the expenses are anticipated to exceed $500, the public servant has notified the Ethics Board before attending the meeting; (4) tickets or free admission given to an elected official to attend a specific charitable, cultural, or political event, if given by the person sponsoring or conducting the event as a courtesy or ceremony to the office; (5) a specific gift or class of gifts that the Ethics Board exempts on a written finding that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of City business; or (6) gifts from a spouse, parent, child, or sibling. *History: Ord. 04-795* *History: Ord. 11-484* *History: Ord. 15-372* ##### § 6-29 Exemption limitations. Balt., Md., Code art. 8, § 6-29 (2026) The exemptions specified in § 6-28 {“Qualified exemptions”} of this subtitle do not apply to any gift if: (1) the gift would tend to impair the recipient’s impartiality and independent judgment; or (2) for a gift of significant value, as defined by rule or regulation of the Board: (i) the gift would give the appearance of impairing the recipient’s impartiality and independent judgment; or (ii) the recipient believes or has reason to believe that the gift is designed to impair his or her impartiality and independent judgment. *History: Ord. 04-795* *History: Ord. 11-484* ##### § 6-30 Balt., Md., Code art. 8, § 6-30 (2026) Reserved ##### § 6-31 Additional exemptions by Board. Balt., Md., Code art. 8, § 6-31 (2026) By rule or regulation, the Ethics Board may establish further exemptions from or modifications of this Part IV, as the Board considers necessary. *History: Ord. 04-795* ##### §§ 6-32 to 6-35 Balt., Md., Code art. 8, § 6-32 to 6-35 (2026) Reserved #### Part V – Miscellaneous ##### § 6-36 Prestige of office. Balt., Md., Code art. 8, § 6-36 (2026) (a) A public servant may not intentionally use the prestige of his or her office or position for his or her own private gain or that of another. (b) The performance of usual and customary constituent services, without additional compensation, is not prohibited by this section. *History: Ord. 04-795* ##### § 6-37 Disclosing confidential information. Balt., Md., Code art. 8, § 6-37 (2026) Except in the discharge of an official duty, a public servant or former public servant may not disclose or use, for his or her own economic benefit or that of another, confidential information that the public servant or former public servant acquired by reason of his or her public position and that is not available to the public. *History: Ord. 04-795* *History: * ##### § 6-38 Participation in procurement. Balt., Md., Code art. 8, § 6-38 (2026) (a) This section applies to: (1) any individual who, for a proposed City procurement, assists a City agency in the drafting, development, or issuance of specifications, an invitation for bids, a request for proposals, a request for qualifications, or any other document related to the procurement; and (2) any person who employs that individual. (b) A person described in subsection (a) of this section may not: (1) submit a response for that procurement; or (2) directly or indirectly, assist or represent another person in submitting a response for that procurement. (c) For purposes of this section, the following transactions do not constitute assisting in the drafting of specifications, an invitation for bids, a request for proposals, or a request for qualifications: (1) providing descriptive literature, such as catalogue sheets, brochures, technical data sheets, or standard specification “samples”, whether solicited by the City agency or unsolicited; (2) submitting written comments on a specification prepared by an agency or on a solicitation for a bid or proposal, if comments have been solicited from 2 or more persons as part of a request for information or a prebid or preproposal process; or (3) providing specifications for a sole-source or selected-source procurement authorized by law. *History: Ord. 04-795* *History: Ord. 16-503* ##### § 6-39 Employment of relatives by elected officials. Balt., Md., Code art. 8, § 6-39 (2026) (a) In this section, “relative” means: (1) spouse; (2) parent or stepparent; (3) sibling or step sibling; (4) child, stepchild, foster child, or ward; (5) mother-in-law or father-in-law; (6) son-in-law or daughter-in-law; (7) grandparent; or (8) grandchild. (b) No elected official may use public funds to employ a relative of that elected official or of any other elected official. *History: Ord. 04-795* ##### § 6-40 Prohibited retaliation. Balt., Md., Code art. 8, § 6-40 (2026) A public servant may not retaliate against an individual for participating in an investigation of or reporting a potential violation of this article. *History: * ### Subtitle 7 – Financial Disclosure #### Part I – General Provisions ##### § 7-1 “Business with the City” defined. Balt., Md., Code art. 8, § 7-1 (2026) (a) In this subtitle, “business with the City” means any 1 or combination of sales, purchases, leases, or contracts: (1) that are made: (i) to, from, or with the City or an agency of the City; or (ii) to, from, or with another person in connection with or in furtherance of a contract that is being negotiated or has been entered into by the other person with the City or an agency of the City; and (2) involve consideration of $5,000 or more on a cumulative basis. (b) For purposes of this section, the total consideration committed to be paid as of the award or execution of a contract or lease, to the extent then ascertainable, is included, regardless of the period over which payments are to be made. *History: Ord. 04-795* *History: Ord. 10-267* *History: Ord. 14-307* ##### § 7-1.1 Required agency assistance. Balt., Md., Code art. 8, § 7-1.1 (2026) (a) (1) Prior to filling a newly-created or vacant position: (i) each agency head must identify whether the position will be required to file a statement under this subtitle; and (ii) if the agency head identifies the position as being required to file a statement under this subtitle, each agency head must: (A) include a disclosure of the financial disclosure requirement in any advertisement or job listing seeking applicants for that position; and (B) provide the Board with the appointee’s name and position number within 10 days of filling that position. (2) On or before January 1 of each year, each agency head must provide to the Ethics Board, with a copy to the Director of Human Resources, the names and position numbers of all public servants in that agency who are required to file statements with the Ethics Board under: (1) § 7-7 { “Elected officials and staff”}; (2) § 7-8 {“Agency officials and staff”}; or (3) § 7-9 {“Procurement, legislative liaison, and enforcement personnel”}. (b) On or before February 1 of each year, the Director of Human Resources must provide to the Ethics Board the names and position numbers of all public servants who: (1) hold positions of the types described in § 7-9 {“Procurement, legislative liaison, and enforcement personnel”} of this subtitle; and (2) are not identified on any of the agency lists submitted under subsection (a) of this section. (c) On or before February 1 of each year, the Finance Department must post on its website a searchable list of all persons that did business with the City for the calendar year immediately preceding the current calendar year. (d) On or before February 1 of each year, the Ethics Board must post on its website a searchable list of all lobbyists who have registered with the Board for the calendar year immediately preceding the current calendar year. *History: Ord. 04-795* *History: Ord. 04-822* *History: Ord. 14-307* *History: Ord. 15-375* *History: Ord. 16-585* *History: Ord. 19-287* ##### § 7-2 General filing requirements. Balt., Md., Code art. 8, § 7-2 (2026) (a) (1) Except as otherwise specified in this subtitle, each statement must be filed with the Ethics Board on or before April 30 of each year. (2) Elected officials must file the statement required by this subtitle on or before January 31 of each year. (b) Except as otherwise specified in this subtitle: (1) each statement must cover the calendar year immediately preceding the filing; and (2) disclose for that year all of the information required by Part III {“Contents of Statements”} of this subtitle. (c) Each statement must be: (1) filed on the form the Ethics Board provides; and (2) signed under oath or affirmation, subject to the penalties of perjury. *History: Ord. 04-795* *History: Ord. 19-328* ##### § 7-3 Statement by official of proposed action. Balt., Md., Code art. 8, § 7-3 (2026) An official must disclose employment and interests that raise a potential conflict of interest in connection with a specific proposed action by the official. The disclosure must be made sufficiently in advance of the action to provide adequate disclosure to the public. *History: Ord. 11-484* ##### § 7-4 Public inspections. Balt., Md., Code art. 8, § 7-4 (2026) (a) (1) Except as provided in paragraphs (2) and (3) of this subsection, the Ethics Board shall allow a person to inspect a financial disclosure filed by a public servant under this subtitle. (2) The Ethics Board may not provide public access to a portion of a statement that is filed on or after January 1, 2019, and that expressly identifies an individual’s home address. (3) The Ethics Board may not provide public access to information related to consideration received from: (i) the University of Maryland Medical System; (ii) a governmental entity of the state or a local government in the state; or (iii) a quasi-governmental entity of the state or a local government in the state. (b) The Executive Director must: (1) require each person who inspects a statement filed under this subtitle to identify him- or herself; and (2) record: (i) the inspecting person’s name, address, telephone number, and organization represented; and (ii) the name of the person whose statement was inspected. *History: Ord. 04-795* *History: Ord. 11-484* *History: Ord. 16-585* *History: Ord. 19-239* *History: Ord. 19-332* *History: * ##### § 7-5 Balt., Md., Code art. 8, § 7-5 (2026) Reserved #### Part II – Who Must File ##### § 7-6 Definitions. Balt., Md., Code art. 8, § 7-6 (2026) (a) In this Part II, the following terms have the meanings indicated. (b) “Non-clerical employee” means any public servant who: (1) is compensated for his or her services; and (2) is not employed solely in a secretarial, clerical, or custodial capacity. *History: Ord. 04-795* ##### § 7-7 Persons required to file – Elected officials and staff. Balt., Md., Code art. 8, § 7-7 (2026) The following elected officials and their employees must file the financial disclosure statements required by this subtitle: (1) (i) Mayor. (ii) Deputy Mayors. (iii) Chief of Staff. (iv) All non-clerical employees of Mayor’s Office. (2) (i) President of City Council. (ii) Chief of Staff. (iii) Director of Legislative Affairs. (iv) Director of Fiscal Affairs. (v) Director of Operations/Office Manager. (vi) All non-clerical employees of President’s Office. (3) (i) Councilmembers. (ii) Executive Secretary. (iii) Chief Clerk. (iv) Journal Clerk (v) Parliamentarian. (vi) Director of Council Services. (vii) All non-clerical employees of Council Services. (viii) All non-clerical employees of Councilmembers. (4) (i) City Comptroller. (ii) Deputy City Comptroller. (iii) Executive Assistant to Comptroller. (iv) City Auditor. (v) Real Estate Officer. (vi) Director of Communication Services. (vii) All non-clerical employees of Comptroller’s Office. *History: Ord. 04-795* ##### § 7-8 Persons required to file – Agency officials and staff. Balt., Md., Code art. 8, § 7-8 (2026) The following officials and employees must file the financial disclosure statements required by this subtitle: (1) (2) (i) Members of Commission. (ii) Director. (3) (i) Members of Board. (ii) Director. (3a) (i) All members of Board of Directors. (ii) All non-clerical employees. (4) (i) All members of the Board of Directors. (ii) All officers of the Corporation. (iii) All non-clerical employees of the Corporation. (5) (i) Members of Board. (ii) Board Administrator. (6) (i) Members of Board of Commissioners. (ii) Director. (6a) (i) Members the Commission. (ii) All non-clerical employees. (6b) (i) Director of Consumer Protection and Business Licensing. (ii) Members of the Business Licensing Board. (iii) All non-clerical employees of the Department. (7) (i) Convention Complex Director. (ii) Deputy Director. (iii) Baltimore Arena Manager. (iv) Convention Center Manager. (v) Director, Client Services. (vi) Director, Sales and Marketing. (vii) Director, Building Services. (viii) Director, Human Resources. (ix) Director, Public Safety and Loss. (8) (9) (i) Members of Board. (ii) Director. (10) (i) Executive Director of Enoch Pratt Free Library. (ii) All Directors and Assistant Directors. (iii) All Managers. (iv) All Chiefs and Assistant Chiefs. (11) (i) Members of Board. (ii) Executive Director. (iii) Deputy Director. (iv) All hearing examiners. (12) (i) Members of Board. (ii) Executive Director. (12a) (i) Members of the Board. (ii) All non-clerical employees of or assigned to the Board. (13) (i) Director of Finance. (ii) Deputy Finance Director. (iii) All Bureau Heads and Division Chiefs of Department. (iv) Deputy Chief of the Bureau of Treasury Management. (v) City Purchasing Agent. (vi) Risk Manager. (vii) All non-clerical employees of Department. (14) (i) Members of Board of Fire Commissioners. (ii) Chief of Fire Department. (iii) Assistant Chiefs. (iv) Fire Marshal. (v) Shift Commanders. (vi) Battalion Chiefs. (vii) Fire Inspectors. (viii) Public Safety and Health Officers. (ix) Public Information Officers. (x) Emergency Medical Services Manager. (xi) Emergency Medical Services Billing Supervisor. (xii) Fiscal Supervisor. (15) (i) Director of General Services. (ii) Deputy Director of General Services. (iii) All Bureau Heads, Division Chiefs, and Assistant Division Chiefs. (iv) All General Superintendents. (v) All inspectors. (16) (i) Commissioner of Health. (ii) All Deputy Commissioners of Health. (iii) All Assistant Commissioners. (iv) All Directors, (v) All Chiefs. (vi) All Inspectors. (vii) All members of the Animal Hearing Panel. (17) (i) Members of Commission. (ii) Executive Director. (18) (i) Members of Board of Commissioners. (ii) Executive Director. (iii) Deputy Executive Directors. (iv) Associate Deputy Directors. (v) Division Directors. (vi) Section Chiefs. (vii) Housing managers. (viii) Housing Inspectors. (ix) All attorneys. (19) (i) Commissioner of Housing and Community Development. (ii) Deputy Commissioners. (iii) Assistant Commissioners. (iv) All Bureau Heads, Directors, and Division Chiefs of Department. (v) Members of Human Services Commission. (vi) All non-clerical employees of the following programs or units of the Department: 1. Administrative Direction and Control. 2. Construction and Building Inspection. 3. Finance and Development. 4. Neighborhood Services. 5. Property Acquisition and Relocation. 6. Property Disposition. (20) (i) Members of Civil Service Commission. (ii) Director of Human Resources. (iii) Deputy Director of Human Resources. (iv) All Bureau Heads and Division Chiefs of Department. (21) (i) Chief of Information Technology. (ii) Information Systems Division Manager. (iii) Systems Programming Manager. (iv) Client Server Systems Administrator. (v) All Division Chiefs. (22) (i) Inspector General. (ii) Assistant Inspectors General. (iii) All non-clerical employees of Office. (23) (24) (i) Labor Commissioner. (ii) Deputy Labor Commissioner. (25) (i) City Solicitor. (ii) Deputy City Solicitor. (iii) All attorneys and investigators. (26) (i) Director. (ii) Deputy Director. (iii) All bill drafters. (27) (i) Director. (ii) Members of the LGBTQ Commission. (iii) All non-clerical employees. (27a) (i) Members of the Council. (ii) All non-clerical employees of or assigned to the Council. (28) (i) Members of Board. (ii) Executive Secretary. (iii) All non-clerical employees of Board. (29) (i) Members of the Commission on Aging, Resources, and Empowerment. (ii) Director of the Office. (iii) All Bureau Heads, Division Chiefs, and Administrators of the Office. (iv) All non-clerical employees of the Office. (30) (31) (i) Members of Board of Directors. (ii) Executive Director. (iii) All non-clerical employees of Authority. (32) (i) Members of Board. (ii) Director. (32a) (i) Members of the Authority. (ii) All non-clerical employees of or assigned to the Authority. (33) (i) Members of Planning Commission. (ii) Director of Planning. (iii) Deputy Director of Planning. (iv) All non-clerical employees of Department. (33a) (i) Members of the Board. (ii) Members of the Administrative Charging Committee. (iii) Director. (iv) All non-clerical employees assigned to the Board or the Committee. (34) (i) Commissioner. (ii) Deputy Commissioners. (iii) Commanding Officers. (iv) All officers with rank of Captain or above. (v) All civilian employees serving as Section Directors or above. (35) (i) Members of Commission. (ii) Director. (36) (i) Director of Public Works. (ii) Deputy Director of Public Works. (iii) All Bureau Heads, Division Chiefs, and Assistant Division Chiefs. (iv) All General Superintendents. (v) All inspectors. (37) (i) Director of Recreation and Parks. (ii) All Division Chiefs and Assistant Division Chiefs. (iii) All inspectors. (38) (i) Members of the Boards of Trustees of: (A) the Employees’ Retirement System; (B) the Fire and Police Employees’ Retirement System; and (C) the Retirement Savings Plan. (ii) Executive Directors and Deputy Directors of these Systems and Savings Plan. (iii) Members of the staffs of these Systems and Savings Plan, as designated by their respective Executive Directors. (38a) (i) Director. (ii) Members of the Re-Entry Action Council. (iii) All non-clerical employees. (38b) (i) Members of the Board of Directors. (ii) Administrator. (iii) All non-clerical employees assigned to the Commission. (39) (i) Members of Commission. (ii) All non-clerical employees assigned to the Commission (40) (i) Director. (ii) Deputy Director. (iii) All Division Chiefs and Assistant Division Chiefs. (iv) All General Superintendents. (v) All Inspectors. (41) - (42) (43) (i) Members of Commission. (ii) Director. (iii) Program Compliance Officers. (44) (i) Office Administrator. (ii) All Customer Advocates. (iii) All non-clerical employees of or assigned to the Office. *History: Ord. 04-795* *History: Ord. 05-174* *History: Ord. 07-489* *History: Ord. 08-063* *History: Ord. 10-272* *History: Ord. 11-520* *History: Ord. 11-573* *History: Ord. 14-307* *History: Ord. 15-375* *History: Ord. 16-509* *History: Ord. 17-063* *History: Ord. 19-332* *History: Ord. 20-336* *History: Ord. 20-363* *History: Ord. 21-028* *History: Ord. 22-124* *History: Ord. 22-146* *History: Ord. 23-249* *History: Ord. 23-264* *History: * *History: * *History: * *History: * ##### § 7-9 Persons required to file – Procurement, legislative liaison, and enforcement personnel. Balt., Md., Code art. 8, § 7-9 (2026) The following public servants must file the financial disclosure statements required by this subtitle: (1) All non-clerical employees whose functions include: (i) the drafting, development, or issuance of specifications, invitations for bids, requests for proposals, requests for qualifications, or other related documents for the procurement of supplies, materials, or services; (ii) the review or evaluation of bids, proposals, qualifications, or contracts for the procurement of supplies, materials, or services; or (iii) the inspection, monitoring, or other enforcement of contract standards and specifications. (2) All public servants whose functions include the influence of legislative action, as defined in § 8-1 of this article. (3) All other public servants whose official duties include enforcement of (including inspections to assure compliance with) laws, rules, or regulations that affect the rights of the public or the procedures available to the public. *History: Ord. 04-795* *History: Ord. 15-375* ##### § 7-10 Balt., Md., Code art. 8, § 7-10 (2026) Reserved ##### § 7-11 Persons vacating position. Balt., Md., Code art. 8, § 7-11 (2026) (a) Except as provided in subsection (d) of this section, an individual who, other than by reason of death, vacates a position for which an annual statement is required must file a departure statement with the Ethics Board. (b) The departure statement must be filed within 60 days after vacating the position. (c) The departure statement must: (1) be in the form and contain all of the information required for an annual statement; and (2) cover a reporting period that includes: (i) the calendar year immediately preceding the date of vacating the position, unless the individual already has filed an annual statement for that year; and (ii) the part of the current calendar year during which the individual served. (d) A departure statement need not be filed if: (1) an individual vacates a position to assume another position for which an annual statement is required under this subtitle; and (2) the disclosure requirements of the new position are at least as extensive as those of the former position. *History: Ord. 04-795* ##### § 7-12 Persons filling vacancy. Balt., Md., Code art. 8, § 7-12 (2026) (a) Except as provided in subsection (d) of this section, an individual who is appointed to fill a vacancy in a position for which an annual statement is required must file an entry statement with the Ethics Board. (b) The entry statement must be filed within 30 days after the appointment. (c) The entry statement must: (1) be in the form and contain all of the information required for an annual statement; and (2) cover the calendar year immediately preceding the appointment. (d) An entry statement need not be filed if: (1) while in another position, the individual already filed an annual statement for the preceding calendar year; and (2) the disclosure requirements of the former position were at least as extensive as those of the new position. *History: Ord. 04-795* ##### § 7-13 Candidates for office. Balt., Md., Code art. 8, § 7-13 (2026) (a) Except as provided in subsection (b) of this section, a candidate for an elected office for which an annual statement is required must file a statement annually: (1) beginning with the year in which the candidate files a certificate of candidacy; and (2) continuing through the year of the election. (b) This section does not require the filing of a statement for any full year that is already covered by a statement the individual has otherwise filed under this subtitle. (c) The statement required by this section must be filed with the Baltimore City Board of Elections. (d) (1) The initial statement required by this section must be filed no later than with the filing of the certificate of candidacy. (2) In each subsequent year, through and including the year of the election, the statement must be filed on or before the earlier of: (i) April 30; or (ii) the last day for the withdrawal of a candidacy under State Election Law Article, § 5-502. (e) The disclosure requirements applicable to a candidate filing under this section are the same as those applicable to an incumbent holding the office involved. (f) The Board of Elections may not accept a certificate of candidacy of a candidate covered by this section unless the candidate has filed the initial statement required by subsection (d)(1) of this section. (g) If a later statement required by this section is overdue and is not filed within 20 days after the candidate receives from the Board of Elections written notice of the failure to file, the candidate is considered to have withdrawn his or her candidacy. (h) Within 30 days after receiving a statement, the Board of Supervisors of Elections must forward the statement to the Ethics Board. *History: Ord. 04-795* *History: Ord. 22-124* ##### § 7-14 Designees of Mayor or President. Balt., Md., Code art. 8, § 7-14 (2026) (a) Individuals designated under this section, other than elected officials, may also be required to disclose information annually. (b) By executive order, the Mayor may designate for disclosures under this section: (1) any employee of an executive agency; and (2) any uncompensated appointee of the Mayor. (c) By written order, the President of the City Council may designate for disclosures under this section: (1) any employee of the City Council; and (2) any uncompensated appointee of the President. (d) An individual filing a statement under this section must include the relevant information that the applicable designating authority specifies. (e) A statement filed under this section is a public record. *History: Ord. 04-795* ##### § 7-15 Balt., Md., Code art. 8, § 7-15 (2026) Reserved #### Part III – Contents of Statements ##### § 7-16 In general. Balt., Md., Code art. 8, § 7-16 (2026) The statement required to be filed under this subtitle must include schedules that disclose the information and interests specified in this Part III, as directly applicable to the public servant or attributable to the public servant for the reporting period for which the statement is required. *History: Ord. 04-795* ##### § 7-17 Attributable interests. Balt., Md., Code art. 8, § 7-17 (2026) (a) For purposes of § 7-21 {“Real property”} of this subtitle and § 7-22 {“Business entities”} of this subtitle, the following interests are attributable to and must be reported by the public servant. (b) An interest is attributable to the public servant if, at any time during the reporting period, it was: (1) held by a spouse, parent, child, or sibling of the public servant; and (2) directly or indirectly controlled by the public servant. (c) (1) An interest is attributable to the public servant if, at any time during the reporting period, it was held by: (i) a business entity in which an equity interest of 10% or more was held by or otherwise attributable under this section to the public servant; (ii) a business entity in which a business entity described in subparagraph (i) of this paragraph held a 25% or greater interest; (iii) a business entity in which a business entity described in subparagraph (ii) of this paragraph held a 50% or greater interest; and (iv) a business entity in which a public servant directly or indirectly, through an interest in 1 or a combination of other business entities, holds a 10% or greater interest. (2) This subsection does not limit: (i) the requirements of § 7-21 {“Real property”} of this subtitle to disclose real property interests held by entities in which the public servant holds an interest; or (ii) the requirements of § 7-22 {“Business entities”} of this subtitle to disclose certain entities in which the public servant holds an interest. (d) An interest is attributable to the public servant if, at any time during the reporting period, it was held by a trust or estate in which the public servant: (1) held a reversionary interest; (2) was a beneficiary; or (3) if a revocable trust, was a settlor. *History: Ord. 04-795* *History: Ord. 19-287* *History: * ##### § 7-18 Blind trusts. Balt., Md., Code art. 8, § 7-18 (2026) For purposes of any of the disclosures required by this subtitle, interests held by a blind trust are not considered interests of the public servant making the statement if: (1) the blind trust is approved by the Ethics Board in accordance with rules and regulations adopted under this article; and (2) the blind trust is operated in compliance with those rules and regulations. *History: Ord. 04-795* ##### § 7-19 Business Entity Names. Balt., Md., Code art. 8, § 7-19 (2026) An individual who is required to disclose the name of a business entity under this section shall disclose any other names that the business entity is using for trading or doing business. *History: * ##### § 7-20 Balt., Md., Code art. 8, § 7-20 (2026) Reserved *History: * ##### § 7-21 Real property. Balt., Md., Code art. 8, § 7-21 (2026) (a) The statement must include a schedule of each interest in real property that, at any time during the reporting period, was held by or, under § 7-17 {“Attributable interests”} of this subtitle, was attributable to the public servant, including each interest held in the name of a partnership, limited liability partnership, limited liability company, or other unincorporated entity in which an interest was held by or attributable to the public servant. (b) For each interest subject to this section, the schedule must include: (1) the nature of the property; (2) the property’s location by street address, mailing address, or legal description; (3) the nature and extent of the interest held, including any conditions to and encumbrances on the interest; (4) the identity of each other person with an interest in the property; (5) the date and manner in which the interest was acquired; (6) the identity of the person from which the interest was acquired; (7) if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; (8) if the interest was acquired in any other manner, the fair market value of the interest when acquired; (9) if any interest was transferred, in whole or in part, at any time during the reporting period: (i) a description of the interest transferred; (ii) the nature and amount of the consideration received for the interest; and (iii) the identity of the person to which the interest was transferred. *History: Ord. 04-795* ##### § 7-22 Business entities. Balt., Md., Code art. 8, § 7-22 (2026) (a) The statement must include a schedule of each interest in any corporation, partnership, limited liability company, or any other business entity, whether or not that entity does business with or is regulated by the City, if, at any time during the reporting period, the interest was held by or, under § 7-17 {“Attributable interests”} of this subtitle, was attributable to the public servant. (b) For each interest subject to this section, the schedule must include: (1) the name and address of the principal office of the business entity; (2) subject to subsection (c) of this section, the nature and amount of the interest held, including any conditions to and encumbrances on the interest; (3) except as provided in subsection (d) of this section, if any interest was acquired during the reporting period: (i) the date and manner in which the interest was acquired; (ii) the identity of the person from which the interest was acquired; (iii) if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and (iv) if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and (4) if any interest was transferred, in whole or in part, during the reporting period: (i) a description of the interest transferred; (ii) the nature and amount of the consideration received for the interest; and (iii) if known, the identity of the person to which the interest was transferred. (c) (1) For an equity interest in a corporation, the reporting requirements of subsection (b)(2) of this section may be satisfied by reporting, instead of a dollar amount: (i) the number of shares held; and (ii) unless the corporation’s stock is publicly traded, the percentage of equity interest held. (2) For an equity interest in a partnership, limited liability company, or any other business entity, the reporting requirements of subsection (b)(2) of this section may be satisfied by reporting, instead of a dollar amount, the percentage of equity interest held. (d) For purposes of the reporting requirements of subsection (b)(3) of this section, only the manner of acquisition need be disclosed if: (1) the interest was acquired by dividend or dividend reinvestment and consists solely of additions to existing, publicly traded corporate interests; and (2) the total value of the acquisition is less than $500. *History: Ord. 04-795* ##### § 7-23 Gifts. Balt., Md., Code art. 8, § 7-23 (2026) (a) (1) In this section, “significant gift” means, except as specified in paragraph (2) of this subsection: (i) any gift with a value of more than $20; and (ii) any gift in a series of gifts with a cumulative value of $100 or more given by or on behalf of the same person during the reporting period. (2) “Significant gift” does not include any of the following, regardless of value: (i) a gift from a spouse, parent, child, or sibling; (ii) a campaign contribution that is otherwise reported as required by law; or (iii) tickets or free admission given to an elected official to attend a specific charitable, cultural, or political event, if given by the person sponsoring or conducting the event as a courtesy or ceremony to the office. (b) The statement must include a schedule of each significant gift that was, at any time during the reporting period: (1) accepted by the public servant or by any other person at the direction of the public servant; and (2) given by or on behalf of, directly or indirectly, any person that the public servant knows or has reason to know was: (i) a lobbyist; (ii) a person regulated by the City; (iii) a person doing business with the City; or (iv) an association or an entity acting on behalf of an association that is engaged only in representing counties or municipal corporations. (c) For each gift subject to this section, the schedule must include: (1) the nature and value of the gift; and (2) the identity of the person from whom, or on behalf of whom, directly or indirectly, the gift was received. (d) Neither this section nor any disclosure made under it authorizes any gift that is not otherwise allowed by law. *History: Ord. 04-795* *History: Ord. 10-267* *History: Ord. 11-484* *History: * ##### § 7-24 Offices, employment, etc. Balt., Md., Code art. 8, § 7-24 (2026) (a) The statement must include a schedule of each office, directorship, salaried employment, and other similar interest not otherwise disclosed that was, at any time during the reporting period: (1) held by the public servant, by the public servant’s spouse or child, or, if known to the public servant, by the public servant’s parent or sibling, (2) in any business entity that was: (i) a lobbyist, (ii) regulated by the City, or (iii) doing business with the City. (b) In addition to the requirements set forth in subsection (a) of this section, the statement must include each directorship held by the public servant in any business entity. (c) For each position or interest subject to this section, the schedule must include: (1) the name and address of the principal office of the business entity; (2) the title and nature of the position or interest; (3) the date when the position or interest began; (4) if applicable, the name of each agency with which the entity is doing business, by which it is regulated, or in connection with which it is a lobbyist; (5) if applicable, the nature of the entity’s relationship to the City, which at a minimum must refer to the applicable criteria listed in subsection (a)(2) of this section; and (6) if the position or interest is held by someone other than the public servant, the identity of the individual who held the position or interest. *History: Ord. 04-795* *History: Ord. 19-287* ##### § 7-25 Indebtedness. Balt., Md., Code art. 8, § 7-25 (2026) (a) Except as specified in subsection (c) of this section, the statement must include a schedule of each debt that was, at any time during the reporting period, owed: (1) by the public servant or, if the public servant was involved in the transaction giving rise to the debt, by the public servant’s spouse, parent, child, or sibling, (2) to any business entity that was: (i) a lobbyist; (ii) regulated by the public servant’s agency; or (iii) doing business with the public servant’s agency. (b) For each debt subject to this section, the schedule must include: (1) the identity of the person to whom the debt was owed; (2) the date the debt was incurred; (3) the amount owed at the end of the reporting period; (4) the terms of payment; (5) the extent to which the principal was increased or decreased during the reporting period; and (6) any security given. (c) This section does not apply to: (1) a retail credit account; (2) a retail installment sales account; or (3) a utility account. *History: Ord. 04-795* *History: Ord. 19-239* ##### § 7-26 Family employed by City. Balt., Md., Code art. 8, § 7-26 (2026) (a) The statement must include a schedule of any spouse, parent, child, or sibling who was, at any time during the reporting period, employed by the City in any capacity. (b) For each family member subject to this section, the schedule must include: (1) the individual’s name and relationship to the public servant; and (2) the agency and position in which the individual was employed. *History: Ord. 04-795* ##### § 7-27 Sources of income - Earned income. Balt., Md., Code art. 8, § 7-27 (2026) (a) The statement must include a schedule that lists, for the public servant and for each of the public servant’s spouse and children: (1) each place of compensated employment at any time during the reporting period; and (2) each business entity: (i) of which the public servant, spouse, or child was a sole or partial owner; and (ii) from which, at any time during the reporting period, he or she received earned income. (b) (1) For each source of income subject to this section, the schedule must include: (i) the name and address of the place of salaried employment or business entity; (ii) for each family member, that individual’s name and relationship to the public servant; and (iii) if the individual’s spouse is a lobbyist, any entity that has engaged the spouse for lobbying purposes. (2) The statement may not include a listing of a minor child’s employment or a listing of 1 or more business entities of which the child is a sole or partial owner, unless the place of employment or business entity: (i) is subject to the regulation or authority of the agency that employs the individual; or (ii) has contracts in excess of $10,000 with the agency that employs the individual. *History: Ord. 04-795* *History: Ord. 19-239* *History: 19-328* *History: * ##### § 7-28 Sources of income - Substantial interests of elected officials. Balt., Md., Code art. 8, § 7-28 (2026) (a) In this section, “substantial interest” means holding an equity interest of 30% or more in a business entity. (b) This section only applies to payments received from any person that the elected official knows or should know was: (1) a lobbyist; (2) a person regulated by the City; or (3) a person doing business with the City. (c) (1) If the elected official or the elected official’s spouse has a substantial interest in a business entity, the statement must include the name and address of any person described in subsection (b) of this section who, during the reporting period, paid that entity: (i) $1,000 or more in the aggregate; or (ii) an amount that in the aggregate constitutes 5% or more of the gross income of that entity, if the gross income of that entity is less than $20,000. (2) If the elected official or the elected official’s spouse has a substantial interest in multiple business entities, the statement must include the name and address of any person described in subsection (b) of this section, who during the reporting period, paid those entities: (i) $1,000 or more in the aggregate; or (ii) an amount that in the aggregate constitutes 5% or more of the gross income of those entities, if the gross income of those business entities is less than $20,000. (d) Nothing in this section is meant to require the disclosure of any information that is otherwise confidential by law. *History: Ord. 19-328* ##### § 7-29 Relationships with University of Maryland Medical System, state or local government, or quasi-governmental entity. Balt., Md., Code art. 8, § 7-29 (2026) (a) The statement shall include a schedule of any financial or contractual relationship with: (1) the University of Maryland Medical System; (2) a governmental entity of the state or a local government in the state; or (3) a quasi-governmental entity of the state or a local government in the state; or (b) For each financial or contractual relationship reported, the schedule shall include: (1) a description of the relationship; (2) the subject matter of the relationship; and (3) the consideration. *History: Ord. 04-795* *History: Ord. 19-328* *History: * ##### § 7-30 Additional information. Balt., Md., Code art. 8, § 7-30 (2026) The statement may include a schedule of additional interests or information that the public servant chooses to disclose. *History: * ### Subtitle 8 – Lobbying #### Part I – Definitions ##### § 8-1 Definitions. Balt., Md., Code art. 8, § 8-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) If lobbying is only part of a person’s employment, “compensation” means a prorated amount of the person’s total compensation, as defined in § 2-7 of this article, that is based on the time devoted by the person to lobbying compared to the time devoted to other employment duties. (c) “Executive action” means any official action or nonaction that: (1) is taken by a public servant; and (2) is not legislative action, as defined in this section. (d) (1) “Legislative action” means any official action or nonaction relating to: (i) any bill, resolution, nomination, appointment, report, or other matter within the jurisdiction of the City Council; or (ii) any bill or resolution presented to the Mayor for approval or veto. (2) “Legislative action” includes: (i) introduction; (ii) sponsorship; (iii) consideration and debate; (iv) amendment; (v) passage or defeat; and (vi) approval or veto. (e) “Lobby” means to do any act that requires registration under this subtitle. (f) “Reporting period” means all or any part of the period from January 1 of any year through December 31 of the same year during which a person is registered or required to be registered with the Ethics Board as a lobbyist. *History: Ord. 04-795* *History: Ord. 18-198* ##### §§ 8-2 to 8-5 Balt., Md., Code art. 8, § 8-2 to 8-5 (2026) Reserved #### Part II – Registration Required ##### § 8-6 In general. Balt., Md., Code art. 8, § 8-6 (2026) Except as otherwise specified in Part V {“Exemptions”} of this subtitle, a person who engages in any activity described in this Part II must register with the Ethics Board. *History: Ord. 04-795* ##### § 8-7 Legislative lobbying. Balt., Md., Code art. 8, § 8-7 (2026) A person must register if, during a reporting period, the person: (1) for the purpose of influencing any legislative action, communicates with a public servant; and (2) in furtherance of or in connection with all such communications for that or any other legislative action, and all activities relating to those communications: (i) expends $100 or more for gifts, including meals, beverages, or special events, to 1 or more public servants; (ii) incurs any expenses of $500 or more; or (iii) earns $2,500 or more in compensation. *History: Ord. 04-795* ##### § 8-8 Executive lobbying. Balt., Md., Code art. 8, § 8-8 (2026) (a) A person must register if, during a reporting period, the person: (1) for the purpose of influencing any executive action, communicates with a public servant; and (2) in furtherance of or in connection with all such communications for that or any other executive action, and all activities relating to those communications, expends $100 or more for gifts, including meals, beverages, or special events, to 1 or more public servants. (b) A person must register if, during a reporting period, the person: (1) for the purpose of influencing the development, adoption, issuance, or amendment of regulations or of an executive order, communicates with a public servant; and (2) in furtherance of or in connection with all such communications for that or any other executive action, and all activities relating to those communications: (i) expends $100 or more for gifts, including meals, beverages, or special events, to 1 or more public servants; (ii) incurs any expenses of $500 or more; or (iii) earns $2,500 or more in compensation. (c) (1) A person must register if, during a reporting period, the person: (i) for the purpose of influencing executive action on a procurement contract that exceeds $50,000, communicates with a public servant; and (ii) in furtherance of or in connection with all such communications for that or any other executive action, and all activities relating to those communications: (A) expends $100 or more for gifts, including meals, beverages, or special events, to 1 or more public servants; or (B) except as provided in paragraph (2) of this subsection, is compensated for his or her services. (2) Paragraph (1)(ii)(B) of this subsection does not apply to a bona fide salesperson or commercial selling agency employed or maintained by an employer for the purpose of soliciting or securing a procurement contract, as long as the person engages in no other acts during the reporting period that require registration. (d) (1) A person must register if, during a reporting period, the person: (i) for the purpose of influencing executive action to secure for a business entity a grant or loan that exceeds $50,000, communicates with a public servant; and (ii) in furtherance of or in connection with all such communications for that or any other executive action, and all activities relating to those communications: (A) expends $100 or more for gifts, including meals, beverages, or special events, to 1 or more public servants; or (B) except as provided in paragraph (2) of this subsection, is compensated for his or her services. (2) Paragraph (1)(ii)(B) of this subsection does not apply to either of the following, as long as the person engages in no other acts during the reporting period that require registration: (i) a bona fide full-time official or employee of a business entity that is seeking to secure a grant or loan; or (ii) a person who is seeking a grant or loan for the purpose of locating, relocating, or expanding a business in or into the City. *History: Ord. 04-795* *History: Ord. 06-188* ##### § 8-9 “Grass roots” lobbying. Balt., Md., Code art. 8, § 8-9 (2026) A person must register if, during a reporting period, the person: (1) for the purpose of influencing any legislative or executive action, solicits others to communicate with a public servant; and (2) in furtherance of or in connection with that solicitation, expends $1,000 or more, including expenditures for salaries, contractual employees, postage, telecommunications services, electronic services, advertising, printing, or delivery services. *History: Ord. 04-795* ##### § 8-10 Balt., Md., Code art. 8, § 8-10 (2026) Reserved #### Part III – Procedure ##### § 8-11 Employer authorization required. Balt., Md., Code art. 8, § 8-11 (2026) (a) Any person that engages a lobbyist for the purpose of lobbying must provide a written authorization for the lobbyist to act on the person’s behalf. (b) The authorization must include: (1) the person’s full legal name and business address; (2) the lobbyist’s full legal name and business address; (3) the period during which the lobbyist is authorized to act; and (4) the legislative action, executive action, or other matter on which the lobbyist is authorized to act. (c) The authorization must be signed by: (1) the person on whose behalf the lobbyist is being authorized to act; or (2) if that person is a corporation, any authorized officer or agent of the corporation other than the lobbyist. *History: Ord. 04-795* ##### § 8-12 Time for registering. Balt., Md., Code art. 8, § 8-12 (2026) (a) A lobbyist must register within 5 days after first engaging in any act that requires registration. (b) A lobbyist must file a new registration on or before January 1 of each year if, on that date, the lobbyist is engaged in lobbying. *History: Ord. 04-795* ##### § 8-13 Registration scope, form, and contents. Balt., Md., Code art. 8, § 8-13 (2026) (a) A lobbyist who engages in lobbying on behalf of more than 1 person must file a separate registration for each person. (b) The registration must be filed on the form the Ethics Board provides. (c) The registration must include the following information, as applicable: (1) the lobbyist’s full legal name and business address; (2) the full legal name and business address of each other person that will be lobbying on the lobbyist’s behalf; (3) the full legal name, address, and nature of business of the person on whose behalf the lobbyist is acting; (4) a statement of whether, because of the lobbyist’s registration and reporting, the person on whose behalf the lobbyist is acting will be exempt from registration under § 8-33 {“Employer of reporting lobbyist”} of this subtitle; and (5) the identification, by formal designation, if known, of the legislative action, executive action, or other matter on which the lobbyist is acting or expects to act or on which the lobbyist has engaged or expects to engage another person to act. (d) The registration must be accompanied by the written authorization required by § 8-11 {“Employer authorization required”} of this subtitle. *History: Ord. 04-795* ##### § 8-14 Registration filing fee. Balt., Md., Code art. 8, § 8-14 (2026) Each lobbying registration must be accompanied by a filing fee of $100. This fee shall be adjusted annually in accordance with the City Fee Policy and as approved by the Board of Estimates. *History: Ord. 13-180* ##### § 8-15 Termination of registration. Balt., Md., Code art. 8, § 8-15 (2026) (a) Unless sooner terminated under subsection (b) of this section, each registration terminates on the earlier of: (1) the December 31 that first follows the registration’s filing; or (2) the date specified in a written authorization filed under § 8-11 {“Employer authorization required”} of this subtitle. (b) A lobbyist may terminate the registration as of an earlier date than that specified in subsection (a) of this section if the lobbyist: (1) ceases all activity that requires registration; (2) after ceasing all activity, files a notice of termination with the Ethics Board; and (3) within 30 days after filing the notice, files all reports required by this subtitle. (c) (1) Except as provided in paragraph (2) of this subsection, if a lobbyist is or becomes subject to regulation under this article as a public servant, the lobbyist must: (i) immediately cease all activity that requires registration; and (ii) terminate his or her registration in accordance with subsection (b) of this section within 30 days of becoming a public servant: (A) file a notice of termination with the Ethics Board; and (B) file all reports required by this subtitle. (2) Paragraph (1) of this subsection does not apply to a lobbyist appointed to an advisory body of limited duration. *History: Ord. 04-795* *History: Ord. 13-180* #### Part IV – Activity Reports ##### § 8-16 In general. Balt., Md., Code art. 8, § 8-16 (2026) (a) A lobbyist must file with the Ethics Board semi-annual activity reports for the reporting period for which the lobbyist is registered or required to be registered. (b) (1) For each reporting period, these semi-annual reports must be filed as follows: (i) on or before July 31, covering the immediately preceding January 1 through June 30; and (ii) on or before January 31, covering all of the immediately preceding January 1 through December 31. (2) A separate report must be filed for each person on whose behalf the lobbyist acted. (c) (1) Each report must be: (i) filed on the form the Ethics Board provides; and (ii) signed under oath or affirmation, subject to the penalties of perjury. (2) If the lobbyist is not an individual, then an authorized officer or agent of the lobbyist must sign the report. *History: Ord. 04-795* *History: Ord. 18-198* ##### § 8-17 Contents – Registration information Balt., Md., Code art. 8, § 8-17 (2026) Each report must include a complete, current statement of the information required by § 8-13(c) {“Registration: Contents”} of this subtitle. *History: Ord. 04-795* ##### § 8-18 Contents – Compensation. Balt., Md., Code art. 8, § 8-18 (2026) (a) Except as provided in subsection (c) of this subsection, each report must include the total compensation paid to the lobbyist in connection with lobbying activities during the period to which that report applies, as specified in § 8-16(b)(1) of this subtitle. (b) If the compensation being reported is a prorated amount, it must be so labeled. (c) This section does not apply to: (1) expenses otherwise reported under other sections of this Part IV; or (2) salaries, compensation, and reimbursed expenses for the lobbyist’s staff. *History: Ord. 04-795* *History: Ord. 18-198* ##### § 8-19 Contents – Expenses. Balt., Md., Code art. 8, § 8-19 (2026) (a) Except as reported under § 8-18 {“Contents — Compensation”} of this subtitle, each report must include the total amount expended in connection with the lobbying activities during the period to which that report applies, as specified in § 8-16(b)(1) of this subtitle, for: (1) office expenses of the lobbyist; and (2) professional and technical research and assistance. (b) Each report must include the total amount expended in connection with the lobbying activities during the period to which that report applies, as specified in § 8-16(b)(1) of this subtitle, for publications that expressly encourage others to communicate with 1 or more public servants. (c) Each report must include: (1) the total amount expended in connection with lobbying activities for witnesses during the period to which that report applies, as specified in § 8-16(b)(1) of this subtitle; (2) the name of each witness; and (3) the fees and expenses paid to each. (d) (1) Each report must include the total amount expended for each of the following during the period to which that report applies, as specified in § 8-16(b)(1) of this subtitle, whether or not expended in connection with lobbying activities: (i) meals and beverages for a public servant or the spouse, parent, child, or sibling of a public servant; (ii) special events, including parties, dinners, athletic events, entertainment, and other functions, to which a public servant or the spouse, parent, child, or sibling of a public servant is invited; (iii) food, lodging, or scheduled entertainment of a public servant or the spouse, parent, child, or sibling of a public servant while attending a meeting; (iv) tickets or free admission for a public servant or the spouse, parent, child, or sibling of a public servant to attend a professional or intercollegiate sporting event or a charitable, cultural, or political event; and (v) other gifts to or for a public servant or the spouse, parent, child, or sibling of a public servant. (2) The lobbyist must report the name of any public servant or the spouse, parent, child, or sibling of a public servant who benefitted from: (i) expenses reported under paragraph (1)(i) of this subsection; or (ii) expenses reported under paragraph (1)(iii) of this subsection, if more than $200 was expended for the benefit of the public servant, spouse, parent, child, or sibling. (3) Expenses reported under paragraph (1)(ii), (iii), and (iv) of this subsection must be itemized by: (i) the date and location of each event or activity; and (ii) the total expense of the lobbyist for the event or activity. (e) Each report must include the total amount expended for all other expenses incurred in connection with the lobbying activities during the period to which that report applies, as specified in § 8 16(b)(1) of this subtitle. *History: Ord. 04-795* *History: Ord. 18-198* ##### § 8-20 Contents – Gift recipients. Balt., Md., Code art. 8, § 8-20 (2026) (a) Except as provided in subsection (c) of this section, each report must include the name of each public servant or the spouse, parent, child, or sibling of a public servant to or for whom the lobbyist or any person on the lobbyist’s behalf has given, during the reporting period, 1 or more gifts with a cumulative value of $150 or more, whether or not given in connection with lobbying activities. (b) For reports under subsection (a) of this section, each gift made after the $150 cumulative value is met must be itemized by: (1) date; (2) beneficiary; (3) nature of gift; and (4) value of gift. (c) This section does not apply to gifts reported under § 8-19(d)(1)(ii) or (iii) of this subtitle. *History: Ord. 04-795* ##### § 8-21 Contents – Business transactions. Balt., Md., Code art. 8, § 8-21 (2026) (a) (1) This section applies to an individual who: (i) is a lobbyist under § 8-7 {“Legislative lobbying”} or § 8-8 {“Executive lobbying”} of this subtitle; and (ii) engages in a business transaction with: (A) any of the following officials: 1. the Mayor; 2. the City Comptroller; 3. the President of the City Council; 4. a member of the City Council; 5. the head of any department; or 6. the head of any bureau or division within a department; or (B) any of the following related persons: 1. the spouse, parent, child, or sibling of an official listed in subitem (A); 2. a business entity in which an official listed in subitem (A) is a proprietor or partner; or 3. a business entity in which an official listed in subitem (A) has an ownership interest of 10% or more. (2) This section does not apply to: (i) an individual who is a lobbyist solely under § 8-9 {“‘Grass roots’ lobbying”} of this subtitle; or (ii) the person who employs a lobbyist. (b) Each report of a lobbyist subject to this section must disclose any business transaction or series of business transactions that: (1) was with a person listed in subsection (a)(1)(ii) of this section; (2) occurred during the reporting period; and (3) involved consideration of: (i) $1,000 or more for a single transaction; or (ii) $5,000 or more for a series of transactions. (c) The disclosure required by this section must include: (1) the date or dates of the transaction or series of transactions; (2) the name and title of the official who was involved in the transaction or series of transactions; (3) the nature of the transaction or series of transactions; and (4) the nature and value of anything exchanged in the transaction or series of transactions. *History: Ord. 04-795* ##### §§ 8-22 to 8-25 Balt., Md., Code art. 8, § 8-22 to 8-25 (2026) Reserved ##### § 8-26 Supplemental reports. Balt., Md., Code art. 8, § 8-26 (2026) The Ethics Board may require a lobbyist to file any additional or supplemental reports that the Board considers necessary. *History: Ord. 04-795* ##### § 8-27 Reports to be public. Balt., Md., Code art. 8, § 8-27 (2026) All reports filed under this subtitle are public documents and must be posted on the Ethics Board’s website. *History: Ord. 18-198* ##### §§ 8-28 to 8-30 Balt., Md., Code art. 8, § 8-28 to 8-30 (2026) Reserved #### Part V – Exemptions ##### § 8-31 General exemptions. Balt., Md., Code art. 8, § 8-31 (2026) The following activities are exempt from regulation under this subtitle: (1) appearances as part of the official duties of an elected or appointed official or employee of the City, the State, the United States, any other state, or a political subdivision of any of them, to the extent that the appearance is not on behalf of any other person; (2) actions of a member of the news media, to the extent that the actions are in the ordinary course of gathering and disseminating news or making editorial comment to the general public; (3) representation of a bona fide religious organization, to the extent that the representation is for the purpose of protecting the right of its members to practice the doctrine of the organization; or (4) appearances as part of the official duties of an officer, director, member, or employee of an association engaged exclusively in representing the State, counties or municipal corporations, to the extent that the appearance is not in behalf of any other person. *History: Ord. 04-795* ##### § 8-32 Qualified exemptions. Balt., Md., Code art. 8, § 8-32 (2026) (a) The following activities are exempt from regulation under this subtitle if the individual engages in no other acts during the reporting period that require registration: (1) appearances before the City Council, before a committee or subcommittee of the City Council, or before a City agency at the specific request of the body involved; or (2) appearances before the City Council, before a committee or subcommittee of the City Council, or before a City agency at the specific request of a lobbyist, if the witness notifies the body that he or she is testifying at the request of the lobbyist. (b) An elementary, secondary, or pos-tsecondary school student or student organization that communicates as part of a course or student activity is not subject to the registration requirements of this subtitle based on the expense threshold of § 8-7 {“Legislative lobbying”} or § 8-8 {“Executive lobbying”} of this subtitle. *History: Ord. 04-795* ##### § 8-33 Employer of reporting lobbyist. Balt., Md., Code art. 8, § 8-33 (2026) (a) A person that would otherwise be required to register and report under this subtitle need not do so if that person: (1) employs a lobbyist; and (2) reasonably believes that the lobbyist will: (i) register as required by this subtitle; and (ii) timely report all expenses incurred in connection with that person’s lobbying activities. (b) A person exempt under subsection (a) of this section must still complete the authorization required by § 8-11 {“Employer authorization required”} of this subtitle. (c) If the lobbyist fails to report the information when required by this subtitle, the person previously exempt under this subsection immediately becomes subject to the registration and reporting requirements of this subtitle. *History: Ord. 04-795* ##### §§ 8-34 to 8-35 Balt., Md., Code art. 8, § 8-34 to 8-35 (2026) Reserved #### Part VI – Prohibited Conduct ##### § 8-36 Contingent compensation. Balt., Md., Code art. 8, § 8-36 (2026) (a) A lobbyist may not lobby on behalf of any person for compensation that is dependent in any way on: (1) the passage, enactment, or defeat of any legislation; or (2) any other contingency related to legislative action. (b) A lobbyist may not lobby on behalf of any person for compensation that is dependent in any way on: (1) the outcome of any executive action relating to the solicitation or securing of a procurement contract; or (2) any other contingency related to executive action. *History: Ord. 04-795* ##### § 8-37 Gifts. Balt., Md., Code art. 8, § 8-37 (2026) A lobbyist may not make a gift to a public servant, directly or indirectly: (1) if the lobbyist knows or has reason to know that the public servant’s acceptance of the gift would violate Subtitle 6 {“Conflicts of Interest”}, Part IV {“Gifts”} of this article; or (2) if the gift is made as a result of a solicitation or facilitation that the lobbyist knows or has reason to know is prohibited by § 6-26(a)(3). *History: Ord. 04-795* *History: Ord. 11-520* ##### § 8-38 Loans. Balt., Md., Code art. 8, § 8-38 (2026) Unless in the ordinary course of the lobbyist’s business as or for a banking institution, banking association, mortgage broker or lender, sales finance company, or other similarly regulated financial or lending institution, a lobbyist may not make or facilitate the making of any loan of money, goods, or services to a public servant. *History: Ord. 04-795* ##### § 8-39 Fund raisers. Balt., Md., Code art. 8, § 8-39 (2026) A lobbyist who is an individual may not engage in any charitable fund-raising activity at the request of a public servant, including soliciting a charitable contribution, transmitting the solicitation of a charitable contribution, or transmitting a charitable contribution. *History: Ord. 04-795* ##### § 8-40 “Bell ringing”. Balt., Md., Code art. 8, § 8-40 (2026) A lobbyist may not initiate or encourage the introduction of legislation for the purpose of opposing that legislation. *History: Ord. 04-795* ##### § 8-41 Requesting endorsement. Balt., Md., Code art. 8, § 8-41 (2026) A lobbyist may not ask a public servant to recommend to a potential client the lobbyist’s services or the services of any other lobbyist. *History: Ord. 04-795* ##### § 8-42 Veracity and candor. Balt., Md., Code art. 8, § 8-42 (2026) (a) While engaging in lobbying activities a lobbyist, or an individual who expects she or he will soon be required to register as a lobbyist, may not knowingly make to a public servant a statement of material fact that relates to the lobbying activity and that the lobbyist knows to be false. (b) While engaging in lobbying activities a lobbyist, or an individual who expects she or he will soon be required to register as a lobbyist, must, in any interaction with a public servant: (1) affirmatively identify themselves as a lobbyist; and (2) identify the person on whose behalf they are lobbying. *History: Ord. 04-795* *History: Ord. 18-198* ### Subtitle 9 – Enforcement #### Part I – Inspection of Records ##### § 9-1 Retention required. Balt., Md., Code art. 8, § 9-1 (2026) Any person required to file a report, statement, or other item under this article must obtain and, for the period specified in § 9-2 {“Retention period”} of this subtitle, retain all accounts, bills, receipts, books, papers, documents, and other records necessary to complete and substantiate the report, statement, or other item. *History: Ord. 04-795* ##### § 9-2 Retention period. Balt., Md., Code art. 8, § 9-2 (2026) The person must retain the records required by § 9-1 {“Retention required”} of this subtitle for at least 3 years from: (1) the date on which the report, statement, or other item was filed; or (2) if the report, statement, or other item was not filed, the date by which it was required to be filed. *History: Ord. 04-795* ##### § 9-3 Inspection of records. Balt., Md., Code art. 8, § 9-3 (2026) On request and reasonable notice, the records required by § 9-1 {“Retention required”} of this subtitle must be made available to the Ethics Board or the City Solicitor for inspection. *History: Ord. 04-795* #### Part II – Administrative Sanctions ##### § 9-4 In general. Balt., Md., Code art. 8, § 9-4 (2026) If, after considering a complaint brought under Subtitle 5 {“Complaints”} of this article, the Ethics Board determines that the respondent has violated any provision of this article, the Board may take any 1 or more of the following actions: (1) issue an order directing the respondent to cease and desist from the violation; (2) issue a reprimand; (3) refer the matter to the appropriate official or other authority for other disciplinary action authorized by law, including censure or removal; or (4) seek judicial relief or other enforcement action under this subtitle. *History: Ord. 04-795* ##### § 9-5 Lobbying violations. Balt., Md., Code art. 8, § 9-5 (2026) If, after considering a complaint brought under Subtitle 5 {“Complaints”} of this article, the Ethics Board determines that the respondent has violated any provision of Subtitle 8 {“Lobbying”} of this article, the Board may take any 1 or more of the following actions: (1) require a respondent who is a lobbyist to file any additional reports or information that reasonably relates to the information required by Subtitle 8; (2) impose a civil penalty of not more than $1,000 for each violation; (3) prohibit a respondent from engaging in any lobbying activities intended to influence any City public servant on any matter for a period of not more than 3 years; or (4) take any other action authorized by § 9-4 {“In general”} of this subtitle. *History: Ord. 04-795* *History: Ord. 18-198* ##### § 9-5.1 Overdue financial disclosure statements. Balt., Md., Code art. 8, § 9-5.1 (2026) (a) (1) The Ethics Board may assess a late fee of $10 per day, up to an aggregate maximum of$1,000 per overdue statement, on any public servant who does not file a complete financial disclosure statement on or before the date it is due. (2) Within 30 days after any late fee is assessed under this subsection, a public servant may file a written request with the Ethics Board to reduce or waive the fee for good cause. (b) If a public servant has failed to file a complete financial disclosure statement within 5 days of the date required under this article, the Ethics Board must notify the public servant in writing of the public servant’s noncompliance and of the potential consequences under this section for continued noncompliance. (c) (1) If a public servant has failed to file a complete financial disclosure statement within 15 days of the date required under this article, the Ethics Board must notify the public servant in writing of the public servant’s continued noncompliance and the potential consequences of further continued noncompliance. (2) A copy of the notice sent under this subsection must be sent to: (i) the public servant’s agency head; (ii) the Director of Human Resources; and (iii) the City Solicitor. (d) (1) If a public servant has failed to file a complete financial disclosure statement within 30 days of the date required under this article, the Ethics Board must refer the matter in writing to the Office of the Inspector General for investigation. (2) A copy of the Board’s referral made under this subsection must be sent to: (i) the public servant; (ii) the public servant’s agency head; (iii) the Director of Human Resources; and (iv) the City Solicitor. (e) (1) If a public servant has failed to file a complete financial disclosure statement within 60 days of the date required under this article, the Ethics Board may refer the matter to the public servant’s agency head, the Director of Human Resources, and the City Solicitor, with a recommendation that the public servant be suspended from office without pay until the financial disclosure statement is filed. (2) A referral for suspension must include copies of the notices to the public servant required under this section. (3) Regardless of whether any action is taken against the public servant, a copy of the Board’s referral must be included in the public servant’s agency personnel file. (4) This subsection does not apply to elected officials. *History: Ord. 19-287* *History: Ord. 19-332* #### Part III – Judicial Relief ##### § 9-6 Petition to court. Balt., Md., Code art. 8, § 9-6 (2026) (a) The Ethics Board may file a petition in Circuit Court, on behalf of the Mayor and City Council, to compel compliance with or seek other relief under this article. (b) The remedies authorized in this article are cumulative, and the court may grant all or part of the relief sought. *History: Ord. 04-795* ##### § 9-7 Relief generally. Balt., Md., Code art. 8, § 9-7 (2026) In an action brought under § 9-6 {“Petition to court”} of this subtitle, the court may compel compliance with this article: (1) by issuing an order to cease and desist from a violation; or (2) by granting other injunctive relief. *History: Ord. 04-795* ##### § 9-8 Civil penalty. Balt., Md., Code art. 8, § 9-8 (2026) (a) In an action brought under § 9-6 {“Petition to court”} of this subtitle, the court may impose a civil penalty of up to $1,000 for any violation of this article. (b) For this purpose, each day on which a violation occurs is a separate offense. *History: Ord. 04-795* ##### § 9-9 Voiding official act. Balt., Md., Code art. 8, § 9-9 (2026) (a) Except as provided in subsection (b) of this section, in an action brought under § 9-6 {“Petition to court”} of this subtitle, the court may void an official act of a public servant if: (1) the public servant had a conflict of interest that is prohibited by this article; (2) the act arose from or concerned the subject matter of the conflict; (3) the proceeding was brought within 90 days after the act occurred; and (4) the court determines that the conflict had an impact on the act. (b) (1) The court may not void any contract previously approved by the Board of Estimates without the express consent of the Board of Estimates. (2) The court may not void any official act that: (i) appropriates public funds; (ii) levies a tax; or (iii) provides for the issuance of a bond, note, or other evidence of public obligation. *History: Ord. 04-795* ##### § 9-10 Balt., Md., Code art. 8, § 9-10 (2026) Reserved #### Part IV – Contracts ##### § 9-11 Action by Board of Estimates. Balt., Md., Code art. 8, § 9-11 (2026) (a) Except as provided in § 9-12 {“Exceptions”} of this subtitle, the Board of Estimates may void a contract with the City if: (1) a public servant had a conflict of interest that is prohibited by this article; (2) the contract arose from or concerned the subject matter of the conflict; and (3) the Board determines that the conflict had an impact on the contract. (b) In taking action under this section, the Board of Estimates may void a contract: (1) in whole or in part; and (2) on the terms and conditions that the Board sets. *History: Ord. 04-795* ##### § 9-12 Exceptions. Balt., Md., Code art. 8, § 9-12 (2026) The Board of Estimates may not void any contract under this subtitle that provides for the issuance of a bond, note, or other evidence of public obligation. *History: Ord. 04-795* ##### §§ 9-13 to 9-15 Balt., Md., Code art. 8, § 9-13 to 9-15 (2026) Reserved #### Part V – Disciplinary Action ##### § 9-16 Persons other than elected officials. Balt., Md., Code art. 8, § 9-16 (2026) In addition to any other penalty imposed under this article, if the Ethics Board finds that a public servant, other than an elected official, has violated a provision of this article: (1) the public servant may be removed or subjected to other disciplinary action by the appropriate authority; and (2) if the public servant is subject to a Board or court order that directs compliance, the public servant may not be paid any salary or other compensation pending full compliance with the order. *History: Ord. 04-795* ##### § 9-17 Elected officials. Balt., Md., Code art. 8, § 9-17 (2026) If the Ethics Board finds that an elected official has violated a provision of this article, the Board must report its findings to the Mayor and the City Council for appropriate action. *History: Ord. 04-795* ##### §§ 9-18 to 9-20 Balt., Md., Code art. 8, § 9-18 to 9-20 (2026) Reserved #### Part VI – Criminal Penalties ##### § 9-21 Referral for prosecution. Balt., Md., Code art. 8, § 9-21 (2026) (a) If, while considering a complaint, the Ethics Board finds that there are reasonable grounds to believe that the respondent has committed a criminal offense, the Board must promptly refer the matter to the appropriate prosecuting authority. (b) The Ethics Board must make available to the prosecuting authority all pertinent evidence under its control. *History: Ord. 04-795* ##### § 9-22 Violations of lobbying subtitle. Balt., Md., Code art. 8, § 9-22 (2026) (a) Any person who knowingly violates a provision of Subtitle 8 {“Lobbying”} of this article, or fails to comply with an administrative sanction imposed under § 9-5 {“Lobbying violations”} of this subtitle, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment of not more than 12 months or both. (b) If the person is a business or other entity, each officer or partner of the entity who knowingly authorizes or participates in the violation is guilty of a misdemeanor and, on conviction, is subject to the penalty specified in subsection (a) of this section. *History: Ord. 04-795* *History: Ord. 18-198* ## Article 9 – Fire Suppression and Prevention ### Division I – Fire Operations #### Subtitle 1 – Fire Department ##### § 1-1 Fire Chief in general command. Balt., Md., Code art. 9, § 1-1 (2026) The Chief of the Fire Department: (1) shall have command at fires over all other officers and all other persons who may be present at fires; and (2) shall take all proper measures: (i) for the extinguishment of fires; and (ii) for the protection of property, preservation of order, and observance of the laws of the State, ordinances of the City, and regulations respecting fires. *History: Ord. 1879-029* *History: Ord. 76-136* *History: Ord. 22-124* ##### § 1-2 Control of persons and property at fires. Balt., Md., Code art. 9, § 1-2 (2026) (a) The Chief of the Fire Department shall, during the occurrence of fires or alarm of fires, have authority for himself, and the power to delegate to his assistants, the authority to control all persons and property in the vicinity of a fire, during the continuance thereof; provided, that the exercise of such authority does not conflict with any law of the United States, or of the State of Maryland. (b) When responding to an emergency, the Chief or the Chief’s designee shall: (1) identify the emergency scene, as defined in City Code, Article 19, § 25-5(a); (2) establish the boundaries of the emergency scene using: (i) a barricade; (ii) posted personnel; or (iii) another reasonable method; and (3) after the Fire Department completes the investigation of the emergency, remove any boundaries marking the emergency scene, unless the Chief makes a determination that a public safety hazard remains. (c) Only an authorized person, as defined in City Code, Article 19, § 25-5(a), may be present within the boundaries of an emergency scene. *History: Ord. 1877-024* *History: * ##### § 1-3 Facilities. Balt., Md., Code art. 9, § 1-3 (2026) (a) It shall be the duty of said Chief to examine all fire apparatus and stations and equipment used for the purposes of the Fire Department and the companies attached, as often as circumstances may render expedient. (b) Whenever the facilities of the Fire Department require alteration, additions, or repairs, the Chief of the Fire Department shall cause to be made, as he deems expedient, such alterations, additions, and repairs, the whole to be done under the jurisdiction and control of the Chief. *History: Ord. 1879-029* *History: Ord. 76-136* ##### § 1-4 Control of fire hydrants. Balt., Md., Code art. 9, § 1-4 (2026) On the occurrence of fires, the Chief of the Fire Department, or his assistants, shall have the use and control of any and all fire hydrants belonging to the City of Baltimore. *History: Ord. 1859-048* *History: Ord. 76-136* ##### § 1-5 Regulations for fire companies. Balt., Md., Code art. 9, § 1-5 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Chief of the Fire Department shall prepare rules and regulations for the government of the Fire Department and members thereof, and furnish each member of the Fire Department a copy of the rules, and have same posted in Fire Department Headquarters and in all stations. *History: Ord. 1858-005* *History: Ord. 76-136* *History: Text Conformed 02/16/21* ##### § 1-6 Regulations for relief from duty. Balt., Md., Code art. 9, § 1-6 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Chief of the Fire Department shall have the authority and power to adopt reasonable rules and regulations to permit members of the Fire Department to be relieved from duty when their respective relief reports for duty. *History: Ord. 44-080* *History: Text Conformed 02/16/21* ##### § 1-7 Balt., Md., Code art. 9, § 1-7 (2026) Reserved ##### § 1-8 Board of Fire Commissioners. Balt., Md., Code art. 9, § 1-8 (2026) (a) There is a Board of Fire Commissioners, as established in City Charter Article VII, § 49. (b) The Board of Fire Commissioners comprises 5 members appointed by the Mayor in accordance with City Charter Article IV, § 6. (c) The Mayor shall designate one member of the Board as its President in accordance with City Charter Article VII, § 50(b). (d) The term of each member is 4 years, concurrent with the Mayor’s term of office, and until a successor is appointed and qualifies. (e) The Board of Fire Commissioners has the powers and duties specified in City Charter Article VII, §§ 49 to 52. *History: Ord. 08-067* ##### § 1-9 Reporting requirements. Balt., Md., Code art. 9, § 1-9 (2026) (a) On or before January 31 of each year, the Baltimore City Fire Chief shall report the following information, disaggregated by race and gender (excluding names), from the previous calendar year regarding the Baltimore City Fire Department to the Mayor and City Council of Baltimore: (1) the number of uniformed personnel working in fire suppression and the emergency medical services division; (2) the number of supervisors by rank assigned to fire suppression and the emergency medical services division; (3) the number of uniformed personnel assigned to fire suppression and the emergency medical services division who were promoted to a supervisory rank in the previous calendar year; (4) the number of high school students who were in the Department’s high school program; (5) the number of high schools students who received EMT certification from the Department’s high school program; (6) the number of high school students who were hired by the Department after completion of the Department’s high school program and graduation from the Department’s Training Academy; (7) excluding those counted in paragraph (6), the number of individuals who graduated from the Department’s Training Academy and were hired by the Department; and (8) the number of uniformed personnel who participated in the fire suppression or emergency medical services divisions’ promotional process for a supervisory position in the previous calendar year. (b) On or before January 31 of each year, the Baltimore City Fire Department shall also report the following information from the previous calendar year to the Mayor and City Council of Baltimore: (1) the number of uniformed personnel who are residents of Baltimore City; (2) the number of uniformed personnel who were suspended with pay; (3) the number of uniformed personnel who were suspended without pay; (4) the number of discipline charges filed against uniformed personnel, as well as the number of charges that were sustained and the number of charges that were dismissed; (5) the number of recruiting events in Baltimore City that the Department sponsored or participated in; (6) the number of citizens who have added their names to the citizen contact recruitment list; and (7) the number of community-based town hall meetings attended by the Department. (c) The reports required by subsections (a) and (b) of this section shall be made available to the public on the Department’s website. (d) (1) The Baltimore City Fire Department shall notify the Baltimore City Council that the Fire Department has began the pre-employment screening process for entry-level fire suppression positions or has moved into a new phase of the pre-employment screening process for those positions. (2) On receipt of notice that the Baltimore City Fire Department has began the pre-employment screening process for entry-level fire suppression positions or has moved into a new phase of the pre-employment screening process for those positions, an appropriate committee of the Baltimore City Council shall promptly hold a public hearing during which the Fire Chief or the Fire Chief’s designee must present information regarding: (i) the overall pre-employment screening process; (ii) the recruitment strategy for entry-level fire suppression applicants; (iii) the race, gender, and City residency data of the applicants at the current phase of the pre-employment screening process; and (iv) any steps taken to improve equity in the pre-employment screening process and to reduce barriers to entry. (3) Each year, during the third week of July, an appropriate committee of the Baltimore City Council shall hold a public hearing during which the Fire Chief or the Fire Chief’s designee must present information regarding: (i) the overall pre-employment screening process for entry-level emergency medical services positions; (ii) the recruitment strategy for entry-level emergency medical services positions; (iii) the race, gender, and City residency data of the emergency medical services applicants; and (iv) any steps taken to improve equity in the pre-employment screening process and to reduce barriers to entry for entry-level emergency medical services positions. *History: Ord. 21-006* #### Subtitle 2 – Comprehensive Fire Protection Plan ##### § 2-1 Plan required. Balt., Md., Code art. 9, § 2-1 (2026) On or before May 1 of 2013, and every year following, the Chief of the Fire Department shall present to the Mayor and City Council a written, comprehensive Baltimore City Fire Protection Plan for the City as 1 territorial unit. *History: Ord. 89-261* *History: Ord. 12-063* ##### § 2-2 Required elements and factors. Balt., Md., Code art. 9, § 2-2 (2026) (a) The plan must include, but need not be limited to: (1) specific recommendations for equipment, personnel, and locations for the Department’s fire suppression companies and units, emergency medical care companies and units, and truck companies and units for the next fiscal year; (2) proposed future consolidations, relocations, or reductions of fire suppression companies and units, emergency medical care companies and units, and truck companies and units; and (3) the criteria used used to determine whether a fire suppression company or unit, emergency medical care company or unit, or truck company or unit should be consolidated, relocated, or closed. (b) The plan must be based on the following factors: (1) population density; (2) street and traffic patterns; (3) geological and topographic considerations; (4) modernization of equipment; (5) types and uses of structures; (6) financial considerations; (7) the presence of any hazardous materials; and (8) any other factors the Chief determines to be connected with fire protection and emergency medical service. *History: Ord. 89-261* *History: Ord. 12-063* ##### § 2-3 Adoption procedures. Balt., Md., Code art. 9, § 2-3 (2026) (a) Before the Chief adopts the plan, the Chief must hold a public hearing to offer concerned citizens an opportunity to present testimony on the proposed plan. (b) (1) After the fire protection plan has been adopted by the Chief, the Chief shall present it to the Mayor for review and recommendation. (2) After the Mayor reviews the plan, the Mayor shall forward it to the City Council for hearing and review. *History: Ord. 89-261* *History: Ord. 12-063* ##### § 2-4 Adherence to adopted plan. Balt., Md., Code art. 9, § 2-4 (2026) Following review of the plan by the Mayor and City Council: (1) the Chief must act in conformance with the plan; and (2) no permanent, substantive change may be made to the plan without that change first being adopted and reviewed in the same way as that required for the plan’s initial approval. This provision does not apply to changes to any fire suppression company or unit, emergency medical care company or unit, or truck company or unit that are made on a daily basis or those scheduled to last less than 3 months and that are designed to allow the Chief to efficiently and effectively meet temporary and urgent needs for emergency response personnel. *History: Ord. 89-261* *History: Ord. 12-063* ##### § 2-5 Consolidations, closings, or relocations. Balt., Md., Code art. 9, § 2-5 (2026) (a) Before a final decision is made to consolidate, close, or relocate for longer than 3 months any fire suppression company or unit, emergency medical care company or unit, or truck company or unit, the Chief must hold a public hearing in the community that will be impacted, to provide citizens with an opportunity to submit oral or written testimony or other information on the proposed closing. (b) (1) At least 2 weeks before the hearing, notice of the hearing must be: (i) published in at least 2 newspapers of general circulation in the geographic area of the company or unit proposed for consolidation, relocation, or closing; (ii) posted on the websites of the City of Baltimore and the Baltimore City Fire Department; and (iii) posted prominently outside that unit or company. The sign is to be not less than 4 feet long and 3 feet wide with black lettering 2 inches high on a white background. (2) The notice must include: (i) a statement of the procedures that will be followed in making the final decision; and (ii) any time limits imposed on the submission of testimony or other information. (c) Any final decision to consolidate, relocate, or close a company or unit must be: (1) in writing; and (2) accompanied by a statement of the factors considered in making the decision. *History: Ord. 12-063* #### Subtitle 2A – Decennial Fire and Emergency Medical Services Redistricting Plan ##### § 2A-1 Definitions. Balt., Md., Code art. 9, § 2A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Battalion” means a unit of fire suppression personnel that is assigned to a geographical location. (c) “Department” means the Baltimore City Fire Department. (d) “District” means a unit of Emergency Medical Services (“EMS”) personnel that is assigned to a geographical location. (e) “Plan” means the Decennial Fire and EMS Redistricting Plan established under this subtitle. *History: Ord. 22-123* ##### § 2A-2 Plan requirements. Balt., Md., Code art. 9, § 2A-2 (2026) Following each decennial census of the United States, the Fire Chief shall: (1) review: (i) decennial census population and housing data from the United States Census Bureau; (ii) fire suppression call volume trends; (iii) EMS call volume trends; (iv) fire suppression response times; (v) EMS response times; and (vi) any other information deemed necessary by the Fire Chief; (2) based upon the data specified in paragraph (1) of this section, include in the Plan strategies to: (i) adjust the geographic boundaries and composition of each fire battalion and EMS district; and (ii) reallocate the resources and personnel of the Department among the battalions and districts; and (3) present the Plan to the Mayor and City Council within 1 year from the issuance of the decennial census population and housing data by the United States Census Bureau. *History: Ord. 22-123* ##### § 2A-3 Approval process. Balt., Md., Code art. 9, § 2A-3 (2026) (a) Except as provided in subsection (c) of this section, the Mayor and City Council may approve the Plan by ordinance within 180 days from the presentation of the Plan. (b) The Mayor and City Council Members may amend the Plan by enumerating any amendments in the Ordinance adopting the Plan. (c) (1) A Plan approved under this section is effective immediately. (2) If the Plan is not approved within 180 days after presentation of the Plan, the Plan, as originally presented by the Fire Chief to the Mayor and City Council, will go into effect. *History: Ord. 22-123* #### Subtitle 3 – Ambulance Service - Fees ##### § 3-1 Definitions. Balt., Md., Code art. 9, § 3-1 (2026) (a) “Basic life support transport” means transportation provided to sustain and support the life processes and change the outcome of a life-threatening disease or injury for patients who must be transported for hospital care. (b) “Advanced life support transport” means transportation provided to enhance the successful outcome of an unstable patient with a life-threatening disease or injury by use of invasive drug therapy and who needs immediate transportation to a hospital or specialty center. *History: Ord. 89-381* ##### § 3-2 Authority to set fees. Balt., Md., Code art. 9, § 3-2 (2026) (a) Beginning July 1, 1989, the Chief of the Fire Department shall have the power and authority to charge fees to any member of the public who utilizes ambulance services provided by the Emergency Medical Services Division of the Fire Department within the City of Baltimore. (b) No fee authorized by this section may be charged unless all employees of the Fire Department who may be called upon to provide emergency medical services or ambulance transport to members of the public either: (1) enjoy statutory immunity from claims for damages for tortious acts or omissions committed by them while providing such services; or (2) are indemnified against claims for damages through a program of insurance purchased by the City from a private carrier, the City’s Self-Insurance Fund, or other appropriations authorized by the Mayor and City Council. (c) The initial fee charged shall not exceed:
For basic life support transport $75
For an advanced life support transport $100
(d) (1) The Chief shall review the fee schedule annually, and with the approval of the Board of Estimates may change the fees from time to time. (2) At no time shall the fee charged exceed the cost to the City of providing ambulance services. *History: Ord. 89-381* ##### § 3-3 Access to services not to be affected. Balt., Md., Code art. 9, § 3-3 (2026) The Chief of the Fire Department shall not deny any individual access to emergency medical services as a result of the provisions of this subtitle. *History: Ord. 89-381* ##### § 3-4 Use of fee revenues. Balt., Md., Code art. 9, § 3-4 (2026) (a) All fees submitted to the City under this subtitle shall be accounted for in a special fund entitled “Emergency Medical Services Fund”. (b) (1) Revenues credited to the Fund shall be available for the sole purpose of supporting emergency medical services of the City, or for any other purpose which may be authorized by the annual Ordinance of Estimates. (2) At the end of each fiscal year, revenues received in excess of the revenue estimates, and appropriations in excess of expenditures, shall carry forward to the succeeding fiscal year and form the beginning Fund balance. (c) All appropriations made from the Emergency Medical Services Fund shall be appropriated in the Ordinance of Estimates under the title of the Fund and shall not be included as “special” fund or “other special” fund categories. *History: Ord. 89-381* ##### § 3-5 Rules and regulations. Balt., Md., Code art. 9, § 3-5 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Chief of the Fire Department shall adopt rules and regulations necessary to implement the provisions of this subtitle. *History: Ord. 89-381* *History: Text Conformed 02/16/21* #### Subtitle 4 – Ambulance Service - Out-of-City Transportation ##### § 4-1 Rules and regulations to govern. Balt., Md., Code art. 9, § 4-1 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Chief of the Fire Department shall have power and authority to adopt reasonable rules and regulations to permit the Fire Department Ambulance Service to send its vehicles to hospitals outside the boundaries of Baltimore City, in order to deliver sick, indigent, and emergency persons from Baltimore City to those hospitals; and to proceed outside the boundaries of Baltimore City to any hospital in order to return any indigent persons residing in Baltimore City. *History: Ord. 65-560* *History: Text Conformed 02/16/21* #### Subtitle 5 – Fire and Police Alarms ##### § 5-1 Fire alarm boxes in buildings. Balt., Md., Code art. 9, § 5-1 (2026) (a) The Chief of the Fire Department is authorized to place a fire alarm box in any theatre, public hall, hotel, hospital, charitable institution, or other building whose occupancy presents special problems in case of fire, within the corporate limits of the City of Baltimore, where the proprietor or owner shall file application with the Chief for same. (b) All expenses connected with the installation, operation, and maintenance of any fire alarm box so installed will be borne by the person making application for same, provided, however, that he shall not be required to pay more for said box than the Fire Department pays for same. (c) Said fire alarm box to be placed in the most accessible part of said building. *History: Ord. 1882-020* *History: Ord. 76-136* ##### § 5-2 Police and fire wires in conduits. Balt., Md., Code art. 9, § 5-2 (2026) The subways and conduits of the Chesapeake and Potomac Telephone Company shall be used, as far as practicable, under provisions of Ordinance 1889-041, Section 4, passed by the Mayor and City Council of Baltimore and approved May 9, 1889, being Article 26, Subtitle 24 of the City Code; which ordinance reserves the right to place the wires of the Police and Fire Alarm Telegraph and Police Patrol Telegraph in the conduits and subways of said telephone company. *History: Ord. 1893-106* #### Subtitle 6 – Care of Members of Department ##### § 6-1 Sickness of certain employees. Balt., Md., Code art. 9, § 6-1 (2026) For all employees hired into the fire service prior to July 1, 1979, no deduction shall be made in the salaries of employees on account of non-line-of-duty illness or injury, provided such sickness does not last longer than 6 months; and provided further, that if an employee shall absent himself from duty on account of non-line-of-duty illness or injury he shall, before receiving his salary, present or have presented to the unit officer of the company of which he is a member, a certificate from the physician employed by the Fire Department, stating that the employee on account of illness or injury, is unable to perform his or her duties. *History: Ord. 1884-031* *History: Ord. 80-095* ##### § 6-2 Injury or disability. Balt., Md., Code art. 9, § 6-2 (2026) Any member of the Fire Department of the City of Baltimore, receiving injury or becoming disabled while in the discharge of his duties, so as to prevent him from following his daily occupation or attending to his duties as a member of said Department, such member shall, for the space of 12 months, provided his disability shall last that time, receive his usual salary. *History: Ord. 1871-035* ##### § 6-3 Loss of life. Balt., Md., Code art. 9, § 6-3 (2026) If any member of said Fire Department shall lose his life while in the discharge of his duties, it shall be the duty of the Chief of the Fire Department (as soon as may be convenient after such death) to cause to be paid to the wife or family, including father and mother, depending on the deceased member, the sum of $500; and if said member shall leave neither wife or children, father or mother, surviving him, then said Chief shall and he is hereby authorized to, defray the proper funeral expenses of said member, the same to be taken out of the appropriation for the Fire Department for the current year. *History: Ord. 1871-035* ##### § 6-4 Widows’ benefits. Balt., Md., Code art. 9, § 6-4 (2026) (a) (1) Effective with the 1st day of the 1st full pay period after July 1, 1985, any surviving widow or eligible children of an employee of the Fire Department who died prior to June 7, 1963 and who was not a member of either the Employees’ Retirement system or the Fire and Police Retirement System, shall receive a revised total benefit allowance calculated at the rate of not less than 15% of the current annual salary of those employees of the Fire Department in active service occupying the same position occupied by the deceased member or employee at the time of his retirement. (2) Effective with the 1st day of the 1st full pay period after July 1, 1986, any widow or eligible children, as provided in this section, shall receive a total benefit allowance calculated at the rate of not less than 20% of current annual salaries. (3) Effective with the 1st day of the 1st full pay period after July 1, 1987, and every year thereafter, these widows and eligible children shall receive a total benefit allowance calculated at the rate of not less than 25% of the current annual salaries of members and employees in active service. (b) In no event shall any widow or eligible child receive a reduction in total benefit allowance on July 1, 1985, on July 1, 1986 or on July 1, 1987. (c) The payment and continued payment of such increases in total benefit allowances as may result from the workings of this paragraph shall be subject to the annual appropriation and payment of the necessary funds by the Mayor and City Council of Baltimore. (d) The above provisions for benefits shall apply only to a widow who was married to such fire fighter at the time of his death, if he died during his service in the Department, or was married to him before he retired from such service. (e) In the event of the death or remarriage of such widow, the benefits here provided shall continue for the further benefit of any child or children of such fireman under the age of 18. In the case of such children, the City may make the payments to the widow if she remarries or in case of her death to a suitable guardian of said child or children, whether legally appointed or otherwise. The benefits shall cease entirely when the youngest of said children attains the age of 18. (f) Any benefit granted under the provisions of this section shall be in lieu of any other benefits provided by the City arising out of the service or death of the former member of the Fire Department. *History: Ord. 74-662* *History: Ord. 75-976* *History: Ord. 79-1055* *History: Ord. 85-345* #### Subtitle 7 #### Subtitle 8 #### Subtitle 9 – Hazardous Materials ##### § 9-1 Definitions. Balt., Md., Code art. 9, § 9-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Facility” means a location in which hazardous materials are stored, dispensed, used, or handled. (c) “Hazardous material” means a regulated substance, as defined in 40 CFR 68.130, in excess of the threshold quantities specified in that regulation. (d) “Operator” means the person responsible for the overall operation of a facility. (e) “Owner” means a person who owns a facility or part of a facility. *History: Ord. 02-443* ##### § 9-2 Security and safeguarding required. Balt., Md., Code art. 9, § 9-2 (2026) All facilities on or in which any hazardous material is stored, dispensed, used, or handled must be secured against unauthorized entry and safeguarded with protective measures and facilities in accordance with the rules, regulations, and standards adopted under this subtitle. *History: Ord. 02-443* *History: Ord. 22-124* ##### § 9-3 Rules, regulations, and standards. Balt., Md., Code art. 9, § 9-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Fire Chief, in consultation with the Police Commissioner and affected industries, shall adopt rules, regulations, and standards, including a schedule for compliance, for the security and safeguarding of hazardous materials. *History: Ord. 02-443* *History: Text Conformed 04/07/22* ##### § 9-4 Confidentiality. Balt., Md., Code art. 9, § 9-4 (2026) To the extent permissible by State law, information obtained from an owner or operator under this subtitle: (1) may not be made available to any member of the public, without the written consent of the owner or operator; (2) is exempt from public disclosure under any other applicable law; (3) except in furtherance of a criminal investigation, may not be used or disclosed, without the written consent of the owner or operator, by any government officer or employee for purposes other than the purposes of this subtitle; and (4) does not constitute a waiver of any applicable privilege or protection provided by law. *History: Ord. 02-443* ##### § 9-5 Administration and enforcement. Balt., Md., Code art. 9, § 9-5 (2026) (a) This subtitle and the rules, regulations, and standards adopted under it are incorporated into the International Fire Code, as adopted and modified in Part VIII of the City Building, Fire and Related Codes Article, and shall be administered and enforced in accordance with that Code. (b) In addition to any other remedy or proceeding to enforce this subtitle, if the Fire Chief finds any premises or property to be in violation of this subtitle or of a rule, regulation, or standard adopted under it, the Fire Chief may: (1) withhold or suspend, until the violation has been corrected, any permit issued under the Baltimore City Fire Code for that premises or property; and (2) order the Building Official to withhold or suspend, until the violation has been corrected, any permit issued under the City Building, Fire, or Related Codes Article for that premises or property. (c) An owner or operator subject to this subtitle is deemed to be in compliance with this subtitle and the rules, regulations, and standards adopted under it if the owner implements a national industry security code or set of standards that requires: (1) prioritization and periodic analysis, using accepted methodologies, of potential security threats, vulnerabilities, and consequences; (2) development and implementation of security measures commensurate with risks; (3) documentation of security management programs, processes, and procedures; (4) training, drills, and guidance for employees, contractors, service providers, and others, as appropriate, to enhance awareness and capability; (5) communications, dialogue, and exchange of information with employees, communities, and government agencies and officials; (6) internal audits to assess security programs and processes and the implementation of corrective measures; and (7) third-party verification that owners and operators have implemented the physical security measures that have been identified under the required periodic analysis of potential security threats, vulnerabilities, and consequences. *History: Ord. 02-443* *History: Ord. 07-552* *History: Ord. 15-427* ##### § 9-6 Penalties. Balt., Md., Code art. 9, § 9-6 (2026) (a) Any owner or operator who violates any provision of this subtitle or of a rule, regulation, or standard adopted under this subtitle is subject to a fine of up to $1,000. (b) Each day that a violation continues is a separate offense. *History: Ord. 02-443* #### Subtitle 10 – Prohibited Conduct ##### § 10-1 Property damage; interference at fire. Balt., Md., Code art. 9, § 10-1 (2026) Should any person damage or destroy any property of the Fire Department, or should any person interfere with any unit or member of the Fire Department in the execution of assigned duty or duties, he shall be fined not less than $50 nor more than $500, to be recovered as other City fines are recovered, or 6 months imprisonment, or both. *History: Ord. 1868-007* *History: Ord. 68-274* *History: Ord. 76-136* ##### § 10-2 False fire alarms. Balt., Md., Code art. 9, § 10-2 (2026) Should any person knowingly give or cause to be given any false alarm of fire by means of a fire alarm box connected with the fire alarm system of the Baltimore City Fire Department, or by means of a telephone connected directly or indirectly with the Fire Department of the City of Baltimore or by any other means, he shall be subject to a fine of not less than $500 or of not more than 1 year imprisonment, or both. *History: Ord. 1868-034* *History: Ord. 1899-156, 1897-98* *History: Ord. 05-209* *History: Ord. 08-187* *History: Ord. 67-1147* *History: Ord. 70-956* *History: Ord. 71-1088* *History: Ord. 76-136* ##### § 10-3 Unauthorized use of keys. Balt., Md., Code art. 9, § 10-3 (2026) Should any unauthorized person have in his possession, make, or cause to be made, any key or keys to any Fire Department facility, or use, or cause to be used, the same, except the Mayor, Fire Commissioners, Chief of the Fire Department, or other duly authorized member of the Fire Department, without the consent of the proper authority, he shall be subject to a fine of not less than $100, nor more than $200; to be recovered as other fines are recoverable. *History: Ord. 1868-007* *History: Ord. 76-136* ##### § 10-4 Unauthorized use of uniforms. Balt., Md., Code art. 9, § 10-4 (2026) Should any person or persons not a member of the City Fire Department use the uniform determined upon by the Chief of the Fire Department, or any part thereof, or otherwise represent themselves as members of the Baltimore City Fire Department, without permission, such person or persons shall each be fined not less than $50, nor more than $500, for each and every offense, to be recovered as other fines are recoverable. *History: Ord. 1868-007* *History: Ord. 76-136* ##### § 10-5 Obstructing fire hydrants. Balt., Md., Code art. 9, § 10-5 (2026) Any person or persons who shall place or cause to be placed, around or near any of the fire hydrants of the City, any goods, structure, or other things, in such a manner as to obstruct the free access to any of said hydrants, shall be subject to a fine of $20, and a further fine of $10 for each and every day that such obstruction may continue, to be recovered as other fines and penalties are recovered. *History: Ord. 1869-067* *History: Ord. 76-136* ### Division II ## Article 10 – Harbors, Docks, and Wharves ### Subtitle 1 – Anchorages #### § 1-1 Establishment; regulation. Balt., Md., Code art. 10, § 1-1 (2026) (a) (1) There is hereby created in the Baltimore Harbor, which comprises the Patapsco River and its tributaries, a series of locations to be known as anchorage areas, designated A and C, and 1 to 9 inclusive. (2) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Harbor Engineer shall have the authority to: (i) designate such other emergency anchorage locations in the Baltimore Harbor as the needs may require; and (ii) maintain and to patrol said locations until the emergency has ceased. (b) (1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Harbor Engineer shall adopt rules and regulations for the purpose of regulating the mooring, anchoring, and storing of vessels of all types in Baltimore Harbor. (2) All vessels anchoring in the harbor shall: (i) anchor so as to keep within 1 of the said anchorages; and (ii) be subject to all rules and regulations which the Harbor Engineer may adopt to make this section effective. (3) All vessels, when at anchor, between sunset and sunrise, shall comply with Federal regulations governing anchor lights. (c) The Harbor Engineer is hereby vested with the authority of locating, maintaining, and patrolling these anchorages. *History: Ord. 09-293* *History: Ord. 48-477* *History: Texts Conformed 02/18/21* #### § 1-2 Anchorages described. Balt., Md., Code art. 10, § 1-2 (2026) The anchorage locations as hereinafter described are laid down on a copy of the United States Coast and Geodetic Survey Chart No. 545, which is on file in the office of the Harbor Engineer and is dated September 14, 1948. *History: Ord. 48-477* #### § 1-3 Anchorage A. Balt., Md., Code art. 10, § 1-3 (2026) (a) Located in Canton Hollow in the Northwest Branch, Patapsco River, and bounded by lines drawn between points fixed as follows: From Station 16 (U. S. Pierhead Line), 407 feet south, 37 feet east to Buoy No. 1. From Station 17 (U. S. Pierhead Line), 139 feet south, 309 feet west to Buoy No. 2. From Station 18 (U. S. Pierhead Line), 122 feet south, 307 feet west to Buoy No.3. From Station 18 (U. S. Pierhead Line), 278 feet south, 770 feet west to Buoy No. 4. From Station 14 (U. S. Pierhead Line), 270 feet south, 310 feet east to Buoy No. 5. (b) No vessel shall anchor within 300 feet of any pier or bulkhead fronting on this anchorage. *History: Ord. 48-477* *History: Ord. 50-1274* #### § 1-4 Anchorage C. Balt., Md., Code art. 10, § 1-4 (2026) (a) Located east of Maryland Yacht Club and south of Ferry Bar and bounded as follows: 1. On the north by Ferry Bar Channel Range. 2. On the west by a line 225 feet from and parallel to pierhead line. 3. On the south by a line between Buoy S-2 and a point 900 feet 190° true from Ferry Bar Channel front range light. 4. On the east by a line between Buoy S-2 and a point 250 yards 270° true from Ferry Bar Channel front range light. (b) (1) This anchorage shall be restricted to yachts. (2) Vessels must anchor in such a way as not to block entrance to the slips of the nearby yacht clubs. *History: Ord. 48-477* #### § 1-5 Anchorage No. 1 (Fort McHenry). Balt., Md., Code art. 10, § 1-5 (2026) (a) This anchorage is in the area bounded by lines drawn through the following points: 1. 3,300 feet, 164°-30' true from Lazaretto Point Light. 2. 3,500 feet, 170°-30' true from Lazaretto Point Light. 3. White Spar Buoy B — 5,900 feet, 158°-15' true from Lazaretto Point Light. 4. Buoy 17M — 6,800 feet, 152°-15' true from Lazaretto Point Light. (b) (1) This anchorage is to be used only as an overnight anchorage for vessels waiting to go to piers. (2) No vessel may remain on this anchorage more than 12 hours without a permit from the Harbor Engineer. *History: Ord. 48-477* #### § 1-6 Anchorage No. 2 (General Anchorage). Balt., Md., Code art. 10, § 1-6 (2026) (a) Located between Lazaretto Point and the Municipal Airport, bounded by lines drawn between the following points: 1. 6,080 feet, 115°-15' true from Lazaretto Point Light. 2. 8,150 feet, 126°-15' true from Lazaretto Point Light. 3. 7,925 feet, 135°-15' true from Lazaretto Point Light. 4. Spar W-S-C — 6,900 feet 134°-30' true from Lazaretto Point Light. 5. Main Channel Marker 18M — 6,900 feet, 146°-45' true from Lazaretto Point Light. 6. Private Channel Marker N2 — 4,800 feet, 149°-15' true from Lazaretto Point Light. 7. 4,650 feet, 123°-45' true from Lazaretto Point Light. (b) (1) This is to be a general anchorage for vessels with a draft of 24 feet and under. (2) No vessel shall remain longer than 4 days without obtaining a permit from the Harbor Engineer. *History: Ord. 48-477* #### § 1-7 Anchorage No. 3 (Riverview, General Anchorage). Balt., Md., Code art. 10, § 1-7 (2026) (a) Located between Fort McHenry Channel and Municipal Airport, bounded by lines drawn between the following points: 1. White Spar Buoy A — 11,340 feet, 137°-15' true from Lazaretto Point Light. 2. White Spar Buoy C — 6,900 feet, 134°-30' true from Lazaretto Point Light. 3. Buoy 18M — 6,900 feet, 146°-45' true from Lazaretto Point Light. 4. Buoy 12M — 11,360 feet, 144°-45' true from Lazaretto Point Light. (b) (1) This anchorage shall be restricted to vessels of over 24 feet draft. (2) No vessel shall remain on this anchorage longer than 4 days without obtaining a permit from the Harbor Engineer. *History: Ord. 48-477* #### § 1-8 Anchorage No. 4 (General Anchorage). Balt., Md., Code art. 10, § 1-8 (2026) (a) Located between Sollers Point and Municipal Airport, bounded by lines drawn between the following points: 1. 9,430 feet, 330°-20' true from Fort Carroll Light. 2. 9,310 feet, 315°-00' true from Fort Carroll Light. 3. Buoy 8M — 4,475 feet, 308°-45' true from Fort Carroll Light. 4. 4,610 feet, 339°-30' true from Fort Carroll Light. (b) (1) This is to be a general anchorage for vessels drawing 20 feet and under. (2) No vessel shall remain longer than 4 days without obtaining a permit from the Harbor Engineer. *History: Ord. 48-477* #### § 1-9 Anchorage No. 5 (General Anchorage). Balt., Md., Code art. 10, § 1-9 (2026) (a) Located between Fort McHenry Channel and Curtis Bay Channel and bounded by lines drawn between the following points: 1. Buoy 11M — 7,800 feet, 60°-00' true from Brewerton Channel Back Range. 2. Buoy 9M — 5,650 feet, 44°-15' true from Brewerton Channel Back Range. 3. Buoy N2 — 5,000 feet, 48°-45' true from Brewerton Channel Back Range. 4. Bell Buoy 6 — 3,600 feet, 330°-20' true from Brewerton Channel Back Range. (b) (1) This is to be a general anchorage for vessels drawing 20 feet and under. (2) No vessel shall remain longer than 4 days without obtaining a permit from the Harbor Engineer. *History: Ord. 48-477* #### § 1-10 Anchorage No. 6 (Explosives Anchorage). Balt., Md., Code art. 10, § 1-10 (2026) (a) Located northeast of Fort McHenry Channel and just northwest of Fort Carroll, and bounded by lines drawn between the following points: 1. 4,610 feet, 339°-30' true from Fort Carroll Light. 2. Buoy 8M — 4,475 feet, 308°-45' true from Fort Carroll Light. 3. Buoy 6M — 1,310 feet, 275°-15' true from Fort Carroll Light. 4. W. Spar Buoy A — 1,000 feet, 346°-30' true from Fort Carroll Light. (b) (1) Vessels are to anchor here only for the loading and unloading of explosives. (2) Vessels loading explosives are to leave the port immediately upon the completion of the transfer. *History: Ord. 48-477* #### § 1-11 Anchorage No. 7 (Quarantine Anchorage). Balt., Md., Code art. 10, § 1-11 (2026) (a) Located in the area west of Fort McHenry Channel and south of Curtis Bay Channel, and bounded by the western and southern edges respectively of those channels and lines between the following points: 1. 4,775 feet, 302°-00' true from Fort Carroll Light. 2. Buoy C1 — 5,450 feet, 297°-15' true from Fort Carroll Light. 3. W. Spar Buoy A — 2,575 feet, 263°-30' true from Fort Carroll Light. 4. Buoy 5M — 1,730 feet, 258°-46' true from Fort Carroll Light. (b) (1) This anchorage is to be used only by vessels waiting quarantine inspection. (2) Special permits for use of the lower part of the anchorage for explosive loading of vessels exceeding 20 feet in draft may be issued in extraordinary cases. *History: Ord. 48-477* #### § 1-12 Anchorage No. 8 (Dead Anchorage). Balt., Md., Code art. 10, § 1-12 (2026) (a) Located in Curtis Bay, south of Curtis Bay Channel, bounded by lines drawn between the following points: 1. Buoy C7 — 5,650 feet, 296°-30' true from Brewerton Channel Rear Range Light. 2. Buoy C5 — 2,775 feet, 345°-40' true from Brewerton Channel Rear Range Light. 3. 90° from these points south to the shore line between Sledds Point and Leading Point. (b) (1) Vessels shall anchor so as not to swing within 100 yards of the channel. (2) When the Harbor Engineer finds such action necessary to conserve space, he may require vessels in this anchorage to moor bow and stern or to one another. (3) No vessels may occupy this anchorage without obtaining a permit from the Harbor Engineer. *History: Ord. 48-477* #### § 1-13 Anchorage No. 9 (General Anchorage). Balt., Md., Code art. 10, § 1-13 (2026) (a) Located north of Ferry Bar Channel and southwest of Fort McHenry Park, bounded by lines drawn between the following points: 1. 5,300 feet, 251°-30' true from Fort McHenry Channel Light. 2. Buoy — 5,665 feet, 241°-30' true from Fort McHenry Channel Light. 3. Buoy S14 — 4,500 feet, 228°-45' true from Fort McHenry Channel Light. 4. Buoy S10 — 3,165 feet, 201°-50' true from Fort McHenry Channel Light. 5. Buoy S8 — 2,560 feet, 182°-45' true from Fort McHenry Channel Light. 6. Buoy S — 1,675 feet, 187°-00' true from Fort McHenry Channel Light. (b) (1) This anchorage is to be used only by vessels using nearby docks, while awaiting berths at piers. (2) No vessel may remain in this anchorage more than 12 hours without obtaining a permit from the Harbor Engineer. *History: Ord. 48-477* #### § 1-14 Balt., Md., Code art. 10, § 1-14 (2026) Reserved #### § 1-15 Obstructing access. Balt., Md., Code art. 10, § 1-15 (2026) (a) (1) The master or other person in charge of any vessel so anchored as to obstruct the free passage of any other vessel to or from an anchorage, wharf, or dock, or moored or anchored so that they will be or will swing beyond the boundary of said anchorage, shall, upon being notified, immediately correct the condition. (2) And if the condition continues beyond 6 hours from the time of notification, a penalty of $25 for each and every hour beyond this time limit, or 30 days in the City Jail, or both, shall, upon conviction, be imposed upon the person responsible therefor. (b) If no person be on such vessel, upon whom said notice can be served, then the Harbor Engineer shall have such vessel removed and the expense for the same shall be paid to the Harbor Engineer by the master, owner, or agent of such vessel. *History: Ord. 09-293* *History: Ord. 48-477* ### Subtitle 2 – Inner Harbor #### § 2-1 Regulations. Balt., Md., Code art. 10, § 2-1 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, and notwithstanding any other provisions of this Article 10 to the contrary, the Commissioner of Housing and Community Development, or his designee, is hereby empowered, from time to time to promulgate: (1) such regulations as may be deemed necessary for the regulation of the speed of all vessels operating within the boundaries of those areas of Baltimore Harbor: (i) designated as “Inner Harbor Project I” by Ordinance No. 1045, approved June 15, 1967, as amended from time to time; and (ii) designated as “Inner Harbor East Project” by Ordinance No. 1188 approved November 19, 1971, as amended from time to time; and (2) such other regulations as may be deemed necessary and proper to the maintenance of the public health and safety. *History: Ord. 80-141* *History: Text Conformed 02/18/21* #### § 2-2 Anchorages. Balt., Md., Code art. 10, § 2-2 (2026) The Commissioner of Housing and Community Development, or his designee, is further vested with the authority of locating, maintaining, regulating, and patrolling anchorages within the aforesaid areas of Baltimore Harbor designated as “Inner Harbor Project I” and “Inner Harbor East Project”. *History: Ord. 80-141* #### § 2-3 Balt., Md., Code art. 10, § 2-3 (2026) Reserved #### § 2-4 Enforcement. Balt., Md., Code art. 10, § 2-4 (2026) The Commissioner of Housing and Community Development is further authorized to call upon such law enforcement agencies as he shall require to assist in the enforcement of the provisions of this subtitle. *History: Ord. 80-141* #### § 2-5 Penalties. Balt., Md., Code art. 10, § 2-5 (2026) (a) Any person violating any of the provisions of this subtitle, or the regulations authorized hereby, shall be guilty of a misdemeanor and shall be subject to a fine of not more than $100. (b) In addition to such penalty, the Commissioner of Housing and Community Development, or his designee, is hereby authorized, when it shall be deemed necessary, to move or relocate at the risk and expense of the owner any vessel that may be docked in violation of any regulations that may have been promulgated pursuant to this subtitle. *History: Ord. 80-141* ### Subtitle 3 – Pierhead Lines #### § 3-1 Limiting lines. Balt., Md., Code art. 10, § 3-1 (2026) The pierhead lines established for the Patapsco River, by Acts of the Secretary of War, from time to time, and the lines inside the said pierhead lines in portions of the Harbor shown on plats numbered 1 to 5, signed by the Mayor and the Harbor Engineer under Ordinance No. 116 of 1894, and any other lines now or hereafter established by ordinance inside said United States Government pierhead lines, are hereby declared to be the limiting lines beyond which no structure shall extend. *History: Ord. 09-293* *History: Ord. 48-509* #### § 3-2 Dock opposite Fifth Lane; dock out from old Port Warden’s Line. Balt., Md., Code art. 10, § 3-2 (2026) Ordinance No. 111, approved May 7, 1853, being entitled “Supplement to an Ordinance, entitled ‘An ordinance to change in some particulars, the present Port Warden’s Line’”, is hereby repealed, in part, by eliminating the provisions for a dock opposite Fifth Lane, and the dock therein provided to be extended to be laid out from the old Port Warden’s Line on the northernmost line of the property formerly belonging to Henry William Ellicott. *History: Ord. 26-839* #### § 3-3 Pier and Bulkhead Line modified. Balt., Md., Code art. 10, § 3-3 (2026) The Pier or Bulkhead Line in the Harbor of Baltimore City as established by Ordinance No. 83 of the Mayor and City Council of Baltimore, approved May 17, 1881, shall be modified and extended: (1) so as to make the Pier and Bulkhead Lines coincide with the Pierhead Line of the United States Government between points marked LVI and LVII, as shown on the map of the War Department of the United States Government, approved September 29, 1917, by the Assistant Secretary of War; (2) so that a new Pier and Bulkhead Line be established coinciding with the Pier and Bulkhead Line of the United States Government, as shown on the map of the War Department of the United States Government, approved September 29, 1917, by the Assistant Secretary of War, from said point LVII southeasterly to a point on said line 170.34 feet distant from said point LVII, and running thence by a straight line, S. 7° 27' 00" E. 238.33 feet to a point where said new Pier and Bulkhead Line intersects the Port Warden’s Line established under Ordinance No. 111, approved May 7, 1853, and running thence S. 65° 44' 30" E. 60.7 feet along and coincident with said Port Warden’s Line to a point where said Port Warden’s Line intersects a line determined by decision of the Superior Court of Baltimore City in the case of St. Agnes' Hospital v. Mayor and City Council of Baltimore, date March 14, 1877; (3) so that a new Pierhead Line be established from said last named point of intersection running N. 44° 40' 40" E. 217.98 feet to the Pier and Bulkhead Line of the United States Government as shown on the said map of the War Department of the United States Government; and (4) so that a new Bulkhead Line be established running S. 65° 44' 30" E. 177.37 feet in a straight line along and coinciding with said Port Warden’s Line, established under said Ordinance No. 111, approved May 7, 1853, said new Bulkhead Line extending from a point where said Port Warden’s Line intersects the said line determined by said decision of the Superior Court of Baltimore City, to the northwesterly boundary line, as extended into the water, of the property leased by the Mayor and City Council of Baltimore to Platt and Company by lease dated July 21, 1865, and continuing thence in a straight line S. 44° 40' 40" W. 193.72 feet more or less along and coinciding with the said northwesterly boundary line, as so extended, of the said property leased by the Mayor and City Council of Baltimore to said Platt and Company to a point where said new Bulkhead Line intersects the Bulkhead Line established under said Ordinance No. 83, approved May 17, 1881, as shown on plat referred to in said Ordinance No. 83 of the Mayor and City Council of Baltimore. *History: Ord. 26-779* *History: Ord. 40-240* #### § 3-4 Pierhead Line and Port Warden Line modified. Balt., Md., Code art. 10, § 3-4 (2026) (a) The existing City Pierhead Line and the existing City Port Warden Line, in the vicinity of Boston Street and Clinton Street, are hereby changed by: (1) abolishing the existing City Port Warden Line from a point designated “A” to a point designated “1" and from a point designated “13” to a point designated “H”, (2) abolishing the existing City Pierhead Line from said point designated “A” to a point designated “H”, and (3) establishing a new City Pierhead Line from said point designated “A” to a point designated “XXIIIA”, so as to make said new City Pierhead Line coincide with the proposed new modified Pierhead Line of the United States Government as approved conditionally by the Secretary of War on December 5, 1946, between a point designated “37” and said point designated “XXIIIA”. (b) All of said existing and proposed Port Warden, Pier and Bulkhead Lines, and all of the points designated in this section, are shown on a plat entitled “City of Baltimore, Department of Public Works, Bureau of Plans and Surveys, Plat Showing Pierhead, Bulkhead and Port Warden Lines in the Vicinity of Boston St. and Clinton St. extending from Linwood Ave. Easterly and Southerly to U. S. Army Engineers Harbor Station XXIIA”, numbered 263A-5 and dated March 20, 1947, attached hereto and made in all respects a part hereof. (c) Said new City Pierhead Line being particularly described as follows: Beginning at a point “A” on the City’s existing Pierhead and Port Warden Lines as established by Ordinance No. 83, approved May 17, 1881, where said combined line intersects the east building line of Linwood Avenue, if extended southerly, and running thence S. 15 degrees 24 minutes 00 second W. about 140 feet to point 29, thence S. 76 degrees 34 minutes 25.4 seconds E. 383.01 feet and coincident with United States Government's Pier and Bulkhead Line as established by the United States Army Engineers in 1917 to point 30, thence N. 32 degrees 23 minutes 20 seconds E. 26.94 feet to point 31, thence N. 87 degrees 08 minutes 20 seconds E. 433.88 feet to point 32, thence N. 32 degrees 23 minutes 20 seconds E. 432.292 feet to point 33 on the existing City Bulkhead Line, thence by the two following courses and distances and coincident with the said City Bulkhead Line S. 81 degrees 37 minutes 30 seconds E. 375.36 feet to point 7 and S. 04 degrees 30 minutes 10 seconds E. 60.64 feet to point 34, thence S. 87 degrees 00 minutes 20 seconds W. 265.29 feet to point 35, thence S. 32 degrees 23 minutes 20 seconds W. 482.53 feet to point 36, thence S. 87 degrees 08 minutes 20 seconds W. 121.22 feet to point 37 on the aforesaid proposed modified United States Government Pierhead Line, thence by the four following courses and distances and coincident with the said proposed new modified Government Pierhead Line, S. 02 degrees 36 minutes 29.6 seconds E. 3542.5 feet to point 21, S. 08 degrees 38 minutes 27.6 seconds E. 1243.26 feet to point 22, S. 15 degrees 23 minutes 21.6 seconds E. 554.83 feet to point 23, and S. 57 degrees 54 minutes 56.6 seconds E. 618.69 feet to point XXIIIA. *History: Ord. 47-878* ### Subtitle 4 – Municipal Airport #### § 4-1 Boundary lines. Balt., Md., Code art. 10, § 4-1 (2026) The boundary or divisional lines for any and all improvements or extensions of whatever kind into the Patapsco River, between the properties bounding upon the northeast shore of the Patapsco River and lying southerly from the southernmost boundary line of the property now owned by the Mayor and City Council of Baltimore, and known as the Municipal Airport, which said southernmost boundary line was fixed by a decree of the District Court of the United States for the District of Maryland dated March 9th, 1942 and passed in a case entitled Crown Cork & Seal Co., et al. v. Mayor and City Council, et al., Civil Docket No. 201, to Sollers Point shall be as shown on the four identical plats attached hereto and made a part hereof, said plats being signed by Edward Coonan & Co., surveyors and civil engineers, 231 St. Paul Place, Baltimore, Md., and dated October 3, 1940. *History: Ord. 42-786* #### § 4-2 Riparian rights. Balt., Md., Code art. 10, § 4-2 (2026) The exercise and enjoyment of all riparian rights mentioned in § 4-1 hereof appurtenant to each of the said properties shall be restricted and confined within the areas designated for each of said properties on said identical plats, but nothing herein shall be construed to restrict or prohibit any additions or changes of said divisional lines, which might occur through the establishment, in the manner provided by law, of bulkhead or pierhead lines at greater or lesser distances from the shore. *History: Ord. 42-786* #### § 4-3 Plats. Balt., Md., Code art. 10, § 4-3 (2026) Upon the passage of the ordinance establishing this subtitle by the City Council, the four plats attached to the ordinance, as evidence of the authenticity of the same, shall be signed by the President of the City Council and, upon approval of the ordinance, shall be signed by the Mayor of Baltimore City. 1 of said plats shall be permanently attached to the original ordinance, and reproductions thereof shall be printed with the bound copies of the ordinances. It shall be the duty of the City Solicitor to file another of said plats with the Harbor Engineer of Baltimore, and to record the other 2 of said plats, 1 among the Land Records of Baltimore City and the other among the Land Records of Baltimore County. *History: Ord. 42-786* ### Subtitle 5 – Maintenance of Piers, Wharves, etc. #### § 5-1 Public piers, etc. Balt., Md., Code art. 10, § 5-1 (2026) Whenever the same may be proper and necessary, the Harbor Engineer shall cause public piers, wharves, and bulkheads to be built, rebuilt, and repaired at any water front property of the City. *History: Ord. 09-293* *History: Ord. 48-509* #### § 5-2 Private piers, etc. Balt., Md., Code art. 10, § 5-2 (2026) (a) The Harbor Engineer shall require all private piers, wharves, docks, and bulkheads (bordering on the Patapsco River or its tributaries) that are decayed or defective, or in need of cleaning, rebuilding, or repair, or likely to be injurious to navigation or to health or safety, to be cleaned, repaired, or rebuilt within a reasonable time to be prescribed in a written notice (not less than 30 days) to be served on the agent, owner, or occupier of such pier, wharf, dock, or bulkhead. (b) The owners of any such water front property shall promptly cause to be done any and all such work as required by said notice from the Harbor Engineer. (c) If the owner is a minor, or under other legal disability, or cannot be found, or, being found, fails to comply with said notice, then the Harbor Engineer shall cause such work to be done, at the expense of such owner or owners, to be recovered by the Mayor and City Council in due course of law. (d) Any such property owner or owners who fail to comply with the requirements of this section, or the aforesaid requirements of the Harbor Engineer, shall be guilty of a misdemeanor and, upon conviction thereof shall pay a fine of not less than $10 and not more than $50 for every day of noncompliance. *History: Ord. 09-293* *History: Ord. 48-509* #### § 5-3 Consent needed for work. Balt., Md., Code art. 10, § 5-3 (2026) (a) No piles shall be driven and no platform erected, nor shall any filling in or construction, repairs, alterations, removals, dredging, demolitions, or work of any kind be made or done in the Patapsco River or tributaries below mean high tide, or involving work below mean high tide, without the written consent of the Harbor Engineer. (b) If any person shall violate the provisions of this section: (1) he shall be deemed guilty of a misdemeanor and, upon conviction thereof, be subject to a fine not exceeding $250; and (2) the Harbor Engineer is hereby empowered to remove forthwith at the expense of the person violating this section the structure, obstruction, extension, or filling in complained of. *History: Ord. 09-293* *History: Ord. 48-509* #### § 5-4 Permit needed for structures. Balt., Md., Code art. 10, § 5-4 (2026) (a) No shed, building, office, tally-house, booth, or stand shall be erected, nor shall any derrick, hoisting mast, coal hopper, sign, or advertising device, or obstruction of any kind be placed or maintained on any pier, bulkhead, marginal street, quay, or wharf structure, nor upon any reclaimed land, without a written permit from the Harbor Engineer. (b) If the owner, lessee, occupant, or agent of said wharf property or land, shall place or permit the erection, placing, or maintaining of any erection or any structure without such permit from the Harbor Engineer then for failure to remove same: (1) said owner, lessee, occupant, or agent shall be subject to a fine not exceeding $200, in addition to all damages for each and every violation of this section; and (2) the Harbor Engineer is hereby empowered to remove forthwith, at the expense of the person violating this section, the structure or obstruction complained of. *History: Ord. 09-293* #### § 5-5 Pier endangered by additional cargo. Balt., Md., Code art. 10, § 5-5 (2026) (a) No cargo shall be discharged from any vessel or other water craft upon any pier, bulkhead, or wharf structure, at which such vessel or other water craft is being unladen after notice signed and served by the Harbor Master or the Harbor Engineer upon the owner, or stevedore, consignee, master, or other officer of such vessel or other water craft, that such pier, bulkhead, or structure will be endangered by the placing of additional cargo thereon. (b) If any person shall violate the provisions of this section he shall be subject to a fine not exceeding $200, in addition to all damages caused thereby after the service of said notice. *History: Ord. 09-293* #### § 5-6 Injury to wharf or dock. Balt., Md., Code art. 10, § 5-6 (2026) (a) No vessel or other water craft shall load or discharge at any City wharf, pier, or dock, or adjoining same, in such manner as to injure or damage or unreasonably to interfere with the use of said structure. (b) The owner or consignee of said vessel or other water craft who violates the provisions of this section shall be subject to a fine of $20, in addition to all damages caused by such violation. *History: Ord. 09-293* #### § 5-7 Bulk cargoes on piers. Balt., Md., Code art. 10, § 5-7 (2026) (a) All lumber, brick, or other material in bulk, discharged on any pier or bulkhead must be placed at least 5 feet from the edge of the pier or bulkhead pending removal. (b) The owner or consignee of such lumber, brick, or other material, or the person placing or causing the same to be placed on such prohibited space shall be subject to a fine of $20 per day for each and every violation of this section. *History: Ord. 09-293* #### § 5-8 Vehicles on piers. Balt., Md., Code art. 10, § 5-8 (2026) (a) Except as otherwise provided by ordinance, no vehicle of any description shall be parked or stored at any time on any street, driveway, wharf, bridge, bulkhead, or land under the charge and control of the Harbor Engineer. (b) If any person shall violate the provisions of this section, (1) he shall be subject to a fine of $10; and (2) the Harbor Engineer is hereby empowered to remove forthwith such obstructing vehicle and hold same until said fine and all other charges shall have been paid. *History: Ord. 09-293* *History: Ord. 50-1240* #### § 5-9 Work done under permit. Balt., Md., Code art. 10, § 5-9 (2026) (a) All work under a permit issued by the Harbor Engineer shall be done: (1) in accordance with the rules and regulations of the Department; (2) in accordance with plans and specifications submitted by the permittee; and (3) wholly at the expense of the permittee. (b) The permittee shall indemnify and save harmless the Mayor and City Council of Baltimore, its officers, agents, and servants, against and from all damages, cost, and expense which they may suffer, or to which they may be put by reason of injury to the person or property of another resulting from carelessness or negligence on the part of the permittee. (c) The procedure under the permit issued by the Harbor Engineer shall be in strict compliance with all applicable laws and ordinances and the rules and regulations of the city departments established for the purpose of enforcing them. (d) The Harbor Engineer shall have the right to revoke a permit at any time. *History: Ord. 09-293* ### Subtitle 6 – Wharfage and Other Regulations #### § 6-1 Charges. Balt., Md., Code art. 10, § 6-1 (2026) (a) (1) The wharfage rates per calendar day, or for any fractional part thereof, for all goods, wares, merchandise, or other articles landed at or upon and shipped from any public wharf shall be the same as those which are in effect on June 12, 1950. (2) The rates on all goods shipped from one vessel to another shall be ½ the rates above prescribed and shall be paid by the vessel shipping the goods. (3) The Harbor Master may require anything landed on any public wharf to be removed within 24 hours after landing the same, or subject the same to a daily penalty of 50¢ for each foot occupied of the length of the wharf. (b) (1) No dockage shall be collected on any barge or scow lying at any City wharf, dock, or bulkhead, upon which wharfage is collected in excess of $2 per diem, or part thereof. (2) All vessels, including barges and scows lying at any City wharf, dock, or bulkhead that are allowed free wharfage, shall pay the dockage rates per calendar day, or part thereof, which are in effect on June 12, 1950. (3) Double said dockage rates shall be paid for all vessels for every day above 6 and treble for every day above 12 that they shall remain at any wharf, dock, or bulkhead aforesaid, unless allowed to remain longer by the Harbor Master, who is hereby authorized to extend the time for said vessels in all cases when he may think the public interest is promoted thereby, but no light-vessel, barge, or scow may remain at any public wharf, dock, or bulkhead. (4) If the Harbor Master serves notice on the captain, owner, consignee, or stevedore of any vessel, barge, or scow, to remove same from any City wharf, dock, or bulkhead, and the same is not removed within 2 hours after such notice has been served, the Harbor Master shall collect from the captain, owner, consignee, or stevedore, $2 for the 1st day or part thereof, and $2 additional for each and every day or part thereof, that such vessel, barge, or scow shall remain at any City wharf, dock, or bulkhead, 2 hours after notice to remove same has been issued by the Harbor Master. (c) The Board of Estimates shall have the power, from time to time, to increase, reduce, or eliminate any of the wharfage or dockage rates as herein provided for and may include and change, from time to time, rates for other articles not included in the above-mentioned schedules. (d) The schedule of the above rates shall be posted in the office of the Harbor Master and a copy thereof filed with the Department of Legislative Reference within 1 week after June 12, 1950, and any changes or additions in said rates which shall be made by the Board of Estimates shall be filed with the Harbor Master and the Department of Legislative Reference on or before the time when such rates shall become effective. *History: Ord. 09-293* *History: Ord. 23-041* *History: Ord. 48-472* *History: Ord. 50-1246* #### § 6-2 Inspection of license, bills of lading, etc. Balt., Md., Code art. 10, § 6-2 (2026) (a) (1) The master of any vessel lying at any public wharf shall: (i) exhibit to the Harbor Master, upon request, the enrollment or license of such vessel showing her proper tonnage; and (ii) furnish to the Harbor Master the manifest or bills of lading of cargo landed or received at said wharf. (2) The person who inspects lumber on any public wharf or the owner or agent of lumber landed at such wharf shall furnish to the Harbor Master a certified copy of the certificate of inspection or the tally sheets showing the number of feet in each pile of such lumber. (b) The master of any vessel or other person who violates this section shall pay a fine of $20. *History: Ord. 09-293* #### § 6-3 Permission to enter public dock. Balt., Md., Code art. 10, § 6-3 (2026) (a) (1) No vessel shall enter any public dock without permission from the Harbor Master, who shall prescribe: (i) the manner in which all vessels shall lie at any public wharf, so that the facilities for discharging and receiving cargoes may be afforded as generally as possible and the public interest most promoted; (ii) the time vessels may occupy any public dock; and (iii) the terms and conditions upon which they may load and discharge cargoes therein. (2) All anchorages shall be in charge of and subject to regulation by the Harbor Engineer. (b) The master of any vessel who refuses to obey the regulations or requirements of the Harbor Master or of the Harbor Engineer, as the case may be, in carrying out this section shall be guilty of a misdemeanor and shall be subject to a fine of not more than $50 for each and every hour the offense continues. *History: Ord. 09-293* *History: Ord. 50-1223* #### § 6-4 Retailing goods at City wharf. Balt., Md., Code art. 10, § 6-4 (2026) (a) No vessel shall lie at any of the City wharves for the purpose of retailing any goods, wares, or merchandise, or produce, except the same has been brought into port by said vessel, nor shall any vehicle or booth or structure of any kind, stand on any City wharf for the purpose of retailing fruit or other articles therefrom. (b) The master of a vessel or any other person violating this section shall pay a penalty of $20, and a further penalty of $5 for every hour the offense continues. *History: Ord. 09-293* *History: Ord. 50-1239* #### § 6-5 Sale of seafood. Balt., Md., Code art. 10, § 6-5 (2026) (a) No vessel shall be permitted to lie at any of the City docks or wharves for the purpose of selling fish, either at wholesale or retail, or other seafood, except oysters, therefrom at any time. (b) The master of any vessel violating this section shall pay a penalty of $20 and a further penalty of $5 for every hour the offense continues. *History: Ord. 31-032* #### § 6-6 Removal of unclaimed merchandise. Balt., Md., Code art. 10, § 6-6 (2026) Whenever the owner or agent of any merchandise on any City wharf cannot be ascertained by the Harbor Master, after the same has been thereon 48 hours, the Harbor Master may remove and sell the same, upon giving at least 10 days’ notice, but perishable articles may be sold at the discretion of the Harbor Master, and any owner or agent of said merchandise who shall claim the same before the sale thereof, may take the same upon paying the wharfage and all other expenses. *History: Ord. 09-293* #### § 6-7 Removal of nuisances. Balt., Md., Code art. 10, § 6-7 (2026) (a) The Harbor Master shall cause all watermelons and other fruit, fish, vegetables, and refuse to be removed from any wharf whenever they shall become a nuisance. (b) The owner of any such watermelons or other fruit, fish, or vegetables, shall pay a penalty of $10 for every day the same shall remain after notice to remove the same has been given to the owner by the Harbor Master. *History: Ord. 09-293* #### § 6-8 Removal of sunken vessels. Balt., Md., Code art. 10, § 6-8 (2026) (a) The Harbor Engineer shall cause to be removed, in such time as he may think reasonable, all vessels which may be sunk in the harbor or port of Baltimore. (b) The owner or owners of such sunken vessels, who refuse or neglect to remove the same when directed to do so by the Harbor Engineer shall pay a fine of not less than $10 nor more than $100 per day for every day the said vessel shall remain after due notice as aforesaid. (c) (1) In case the owner or agent of such sunken vessel cannot be found, then the Harbor Engineer shall proceed to remove said vessel and pay the cost thereof out of any appropriation to his Bureau or from any funds which the Board of Estimates may make available for such purpose. (2) As soon as the owners or agents of such sunken vessel so removed shall be found, the Mayor shall proceed to recover by law the amount expended for the removal of said vessel and also such fine as may be recovered under this section. *History: Ord. 09-293* *History: Ord. 50-1223* #### § 6-9 Removal of obstructions. Balt., Md., Code art. 10, § 6-9 (2026) (a) (1) The Harbor Engineer shall: (i) have secured or removed all obstructions to navigation that may be found drifting about, or otherwise obstructing navigation; and (ii) notify the owner or agent of same that the said obstruction has been so secured or removed and held at his expense. (2) If not claimed within 10 days: (i) the Harbor Engineer shall sell the same; and (ii) any balance after the expense of securing or removing same has been paid, shall be held by the Director of Finance to be paid to the owner if claimed within 12 months. (b) Any person who shall cast loose, set adrift or place any object likely to become a nuisance or an obstruction to navigation shall pay a fine not exceeding $200. *History: Ord. 09-293* #### § 6-10 Removal of deposits. Balt., Md., Code art. 10, § 6-10 (2026) The Harbor Engineer shall remove all deposits from the harbor and docks into which said deposits empty, whenever he may deem it right and proper to do so without serious interference with the main work of harbor improvement. *History: Ord. 09-293* #### § 6-11 Permission to put material in Patapsco River. Balt., Md., Code art. 10, § 6-11 (2026) (a) (1) No material, refuse, or matter of any kind shall be thrown into, deposited in, or placed where the same may fall or be washed into the Patapsco River, or any of its tributaries, without written permission from the Harbor Engineer, who is hereby authorized to employ supervisors to see that any material permitted to be deposited is placed where directed by said Engineer. (2) The person applying for or receiving said permission shall pay for the services of said supervisors such rates as the Harbor Engineer may deem proper. (b) Any person violating this section shall pay a fine of not more than $200 and the Harbor Engineer and the Harbor Masters are specially charged with the execution of this section. *History: Ord. 09-293* #### § 6-12 Gas tar, dregs, etc. Balt., Md., Code art. 10, § 6-12 (2026) If any gas company, or any other company, or person shall discharge or cause any water to flow into the harbor or any stream or sewer running thereinto in which water there may be any gas tar, or other lees or dregs, the company or person so offending shall pay a fine of $20 for each offense and a further fine of $20 for every day the offense continues. *History: Ord. 09-293* #### § 6-13 Ice boats. Balt., Md., Code art. 10, § 6-13 (2026) (a) Subject to the provisions of §§ 321 to 326 inclusive, of the City Charter (1949 Ed.) {repealed by Chapter 29, Laws of Maryland 1969} and such ordinances as may be ordained by the Mayor and City Council of Baltimore, the Harbor Engineer shall control and manage the iceboats and shall have no power to permit the use of said boats for any other purpose than to aid the commerce and navigation of the port and to keep the harbor and the approaches thereto free from obstruction by ice, in such manner as the Harbor Engineer may deem best. (b) In all cases of special use of the boats, in the way of relief or otherwise, the Harbor Engineer may make such charges for said use as he may deem proper, and apply the sum received for the same toward the expenses of the boats. *History: Ord. 09-293* #### § 6-14 Speed of vessels. Balt., Md., Code art. 10, § 6-14 (2026) (a) (1) No vessel shall move in the harbor at a greater rate of speed than: (i) 7 nautical miles an hour westward of a line from Henderson’s Wharf to the foot of Hull Street; and (ii) 9 nautical miles an hour eastward of said line. (2) No vessel shall move in the Patapsco River or tributaries within a distance of 300 feet from any pier or bulkhead at a greater rate of speed than 8 nautical miles an hour. (b) The master of any vessel violating this section shall pay a fine of not exceeding $100 for the 1st offense and not less than $50 nor more than $200 for each subsequent offense. *History: Ord. 09-293* #### § 6-15 Gang planks; hand rails. Balt., Md., Code art. 10, § 6-15 (2026) (a) (1) All vessels (except tugs) carrying passengers shall be provided with a gang-plank at least 4 feet wide, with a hand rail on each side thereof 4 feet high. (2) The space between the hand rail and the gang-plank to be so enclosed so as to prevent any person passing over said gang-plank from falling overboard. (3) Said gang-plank to be used by said vessel at all times upon making fast to any wharf or pier in the City of Baltimore for the purpose of embarking or debarking passengers. (b) The master of any vessel violating this section shall pay a fine of $50. *History: Ord. 09-293* #### § 6-16 Yards, rig, anchor. Balt., Md., Code art. 10, § 6-16 (2026) (a) It shall be the duty of the person having in charge any vessel lying at any of the public wharves or docks to top the yards, rig in the jib-booms, and place the anchor or anchors on the deck of said vessel, whenever required so to do by the Harbor Master or the occupier of any wharf or his agent. (b) Any person having charge of any vessel who shall neglect or refuse to obey directions as aforesaid shall pay a penalty of $5. *History: Ord. 09-293* #### § 6-17 Smoking, etc., near explosives. Balt., Md., Code art. 10, § 6-17 (2026) (a) It shall be unlawful for any person to smoke, carry, or have any lighted match, pipe, cigar, or cigarette, or carry or use any portable open light in or upon any wharf, shed, pier, or warehouse on any wharf or pier, or on the deck of any vessel lying at or along side of any wharf or pier or on or near any vessel loading or unloading explosives lying at or along side of any wharf or pier. (b) Any person violating the provisions of this section or of any other provisions of §§ 1-1 through 6-17, inclusive, of this article, for which no penalty is prescribed, shall, upon conviction thereof, be liable to a fine of not less than $5 nor more than $25. *History: Ord. 09-293* *History: Ord. 41-594* *History: Ord. 44-096* *History: Ord. 44-140* #### § 6-18 Bridges. Balt., Md., Code art. 10, § 6-18 (2026) (a) The Harbor Engineer shall control and maintain all bridges of the City over navigable waters in and adjacent to the City of Baltimore, subject to the provisions of Article 26, § 14-1 of the City Code. (b) (1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Harbor Engineer is hereby authorized and directed to make, and from time to time amend the same, rules as to the safe use of each of the bridges under his jurisdiction and control. (2) Immediately after the adoption of such rules as to a particular bridge the same shall be posted in a conspicuous manner on said bridge so as to be easily seen by all persons using said bridge. (c) Any person violating any rule of the Harbor Engineer as to the use of a bridge after said rules shall have been posted on said bridge as aforesaid, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than $10 nor more than $50 for each offense, said fine to be collected as other fines for violations of City ordinances are collected. *History: Ord. 22-715* *History: Ord. 48-513* *History: Texts Conformed 02/18/21* #### § 6-19 Discharge containing oil, etc. Balt., Md., Code art. 10, § 6-19 (2026) (a) The owner, master or person in charge of any boat, vessel, barge, or water craft in the harbor of Baltimore, and the owner, tenant, or occupant of any land, premises, pier, wharf, or warehouse on or adjacent to the harbor of Baltimore, or his agents, shall not allow to be pumped, discharged, flow into, or in any manner whatsoever escape into the water of the harbor of Baltimore from said boat, vessel, barge, or water craft, or from said land, premises, pier, wharf, or warehouse, or on or upon any pier or wharf in said harbor any bilge water, waste water, or drainage in which there is oil, naptha, benzine, or gasoline. (b) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than $50 nor more than $500, ½ of said fine to go to the informer, or in the discretion of the Court, may be imprisoned in the Baltimore City Jail for 30 days, or may be subjected to both said fine and imprisonment. *History: Ord. 20-378* *History: Ord. 21-644* *History: Ord. 23-826* #### § 6-20 Inspection of vessels. Balt., Md., Code art. 10, § 6-20 (2026) (a) The Harbor Engineer, or any assistant designated by him, shall have the authority and power to board and inspect vessels located in the Baltimore Harbor for the purpose of seeing whether the laws and ordinances of the City relative to the discharge of bilge water, oil, or other waste material in the Harbor and the requirements for fire protection and other safety provisions are being complied with. (b) Any officer, agent, or employee of any vessel interfering with the inspection of vessels for the purposes of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty of not more than $100 for each and every such violation. *History: Ord. 48-476* #### §§ 6-21 to 6-24 Balt., Md., Code art. 10, § 6-21 to 6-24 (2026) Reserved #### § 6-25 Obstructing Harbor Master or Harbor Engineer. Balt., Md., Code art. 10, § 6-25 (2026) (a) Any person who shall obstruct the Harbor Engineer, Harbor Master, and/or their assistants, in the performance of his or their lawful duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of $20 for each and every such offense. (b) All fines imposed for the violation of any of the provisions of this article shall be recovered as other fines imposed by ordinance are recoverable; all of said fines when collected to be paid to the Director of Finance. *History: Ord. 09-293* *History: Ord. 48-513* *History: Ord. 50-1244* ### Subtitle 7 – Explosives #### § 7-1 Definitions; classes. Balt., Md., Code art. 10, § 7-1 (2026) (a) The following rules and regulations shall govern the handling of explosives in the Port of Baltimore. (b) The word “explosives” as used in this subtitle shall mean any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion, namely, with substantially instantaneous release of gas and heat, unless such compound, mixture, or device is otherwise specifically designated as not being an explosive. (c) Classes of explosives designated in this subtitle shall be as defined in the Interstate Commerce Commission Regulations and the U. S. Coast Guard Rules for Explosives and Other Dangerous Articles on Board Vessels, and amendments thereto, that may be made from time to time. *History: Ord. 13-336* *History: Ord. 50-1322* *History: Ord. 53-683* *History: Ord. 58-1652* #### § 7-2 Transportation subject to laws. Balt., Md., Code art. 10, § 7-2 (2026) All explosives to be transported from land by water, or from water by land, are to be subject to all of the City, state, and national laws in reference to the loading, unloading, and handling of explosives. *History: Ord. 13-336* #### § 7-3 Permits for transferring explosives to vessels. Balt., Md., Code art. 10, § 7-3 (2026) (a) A permit for transporting explosives through City streets, lanes, or alleys must be secured from the City Fire Marshal, as provided for by Baltimore City Fire Code § 105.6.14. (b) All permit applications: (1) should be filed sufficiently in advance of proposed date of shipment to permit consideration and issue of permit before explosives may be brought onto the waterfront areas; and (2) shall state: (i) the exact nature and quantity of named explosives; (ii) points of origin and destination; (iii) name of vessel and its owners or operators; (iv) date when and location where transshipment is proposed to be made; and (v) all other pertinent information. (c) No permits shall be issued for shipments of explosives in excess of the maximum quantities specified in this subtitle, detailed herewith: (1) Class A Explosives, except as permitted under § 7-4, shall not be transshipped except at the designated anchorages, and not more than a total of 200 tons gross weight shall be permitted upon any ship or vessel in the Port of Baltimore, nor shall this total concentration be exceeded at any time through division between 2 or more ships or vessels. No vessel shall be berthed at any dock or pier when carrying Class A explosives, nor shall it enter the Port beyond the designated anchorages. (2) Class B and C Explosives, except smokeless powder, when permitted under Interstate Commerce Commission and U. S. Coast Guard regulations, and with approval of the Harbor Engineer, may be transshipped at dock side without quantity limitations. (3) Smokeless powder may be loaded or unloaded in an amount not to exceed 2,500 pounds while vessel is at dock side. (d) Permits shall be obtained from the Harbor Engineer for all classes of explosives. *History: Ord. 13-336* *History: Ord. 53-683* *History: Ord. 15-435* #### § 7-4 Class A explosives 100 pounds or less. Balt., Md., Code art. 10, § 7-4 (2026) (a) Class A Explosives (excluding blasting caps) not exceeding 100 pounds net weight may be transferred to or from a ship or vessel within the boundary lines of Baltimore City after written application to, and the issuance by, the Director of Port Operations of the Maryland Port Authority for a permit to do so. (b) Provided that such permit shall be issued only when it appears to the aforesaid Director of Port Operations that necessity requires the issuance of such permit, and in all such cases the said Director of Port Operations shall designate the location or the limits within which the transfer of such explosives may be made. *History: Ord. 13-336* *History: Ord. 58-1652* #### § 7-5 Inspection for permit. Balt., Md., Code art. 10, § 7-5 (2026) (a) An inspector of the Harbor Engineer will first inspect the vessel, to see that it is in condition to receive explosives, before the Harbor Engineer shall issue a permit. (b) The Harbor Engineer is hereby authorized to appoint or designate, from time to time, some suitable person as such inspector and to fix a reasonable charge for such inspection. *History: Ord 13-336* #### § 7-6 Vessels within Quarantine or Explosive Anchorage. Balt., Md., Code art. 10, § 7-6 (2026) The vessel on which explosives are to be loaded, and which is not covered by §§ 7-1 and 7-3 shall be well within the designated Quarantine or Explosive Anchorage and shall not leave the permitted anchorage except for the purpose of leaving Port. *History: Ord. 13-336* *History: Ord. 50-1322* #### § 7-7 Work to be done before loading. Balt., Md., Code art. 10, § 7-7 (2026) (a) All the necessary work in construction of floors, partitions, etc., or for the removal of any other combustible from that part of the hold in which explosives are to be stored, shall be completed before loading of the explosives is commenced. (b) All decks, gangways, and holds over which explosives must be passed in loading, must be freed from all loose metal or tools and should be carefully swept before loading is commenced and after loading has ceased. *History: Ord. 13-336* #### § 7-8 Red flags and lights. Balt., Md., Code art. 10, § 7-8 (2026) The vessel into which explosives have been loaded, or are being loaded, shall conspicuously display a red flag from the forepeak, of the size prescribed by the Bureau of Navigation (16 sq. ft.), and at night a red light shall be conspicuously displayed. *History: Ord. 13-336* #### § 7-9 Artificial lights. Balt., Md., Code art. 10, § 7-9 (2026) No artificial light shall be permitted in the hold of the vessel, except electric flash lights or electric lanterns or regular electric installation of the vessel. *History: Ord. 13-336* #### § 7-10 Notification of cargo. Balt., Md., Code art. 10, § 7-10 (2026) Before vessels loaded with explosives of either Class A, B, or C may be allowed to enter or unload in the Port of Baltimore, the Fire Marshal must be notified of the nature and quantity of explosives on board and the time when and place where it is proposed to land these explosives. *History: Ord. 13-336* *History: Ord. 53-683* *History: Ord.* #### § 7-11 Inspection during operations. Balt., Md., Code art. 10, § 7-11 (2026) (a) After all proper permits have been secured, an inspector appointed by the Harbor Engineer shall be present on board the ship during the entire time when explosives are being loaded into, or are unloaded from the ship, and he shall be especially charged with the supervision of such loading and unloading. (b) The cost of such inspection to be borne by the agents, owners, consignees, or stevedores. A sufficient sum to cover such cost shall be deposited with the Harbor Engineer at the time of obtaining the permit. *History: Ord. 13-336* #### § 7-12 Explosives with inflammable articles. Balt., Md., Code art. 10, § 7-12 (2026) Explosives shall not be loaded or carried on any vessels carrying inflammable liquids, inflammable solids, oxidizing materials, mineral acids, as defined in Federal regulations for transportation of these explosives, or articles liable to spontaneous ignition, or to give off inflammable gases, unless the explosive be stored in separate rooms or otherwise so separated as to effectually prevent danger to the explosive from any of these articles, or from the vapor thereof. *History: Ord. 13-336* #### § 7-13 Explosives with blasting caps. Balt., Md., Code art. 10, § 7-13 (2026) Where blasting caps are loaded on the same vessel with high explosives, they must be put in a different compartment, the distance in a straight line from the compartment containing the blasting caps to the explosives to be not less than 25 feet whenever the quantity of the explosives exceeds 1,000 pounds, and not less than 15 feet in any case. *History: Ord. 13-336* #### § 7-14 Cars of explosives — on land. Balt., Md., Code art. 10, § 7-14 (2026) Cars of explosives which are to be transshipped on to a vessel shall not be brought into the City limits except when they can be loaded directly on to car floats, and immediately thereafter conveyed to the vessel at anchorage. *History: Ord. 13-336* #### § 7-15 Cars of explosives — conveyance to vessel. Balt., Md., Code art. 10, § 7-15 (2026) Cars containing explosives to be transshipped by water shall be conveyed on car floats to the vessel, on which explosives are to be loaded, between sunrise and sunset and when there is no dense fog. *History: Ord. 13-336* #### § 7-16 Cars of explosives — car floats or barges. Balt., Md., Code art. 10, § 7-16 (2026) (a) Barges or floats on which there are cars carrying explosives shall be immediately conveyed to the vessel into which the explosives are to be loaded, and care must be taken that only as many cars as can ordinarily be transferred to the vessel during that day shall be placed on the car float or barge. (b) (1) If, for any unexpected reason, it is seen to be impossible to transfer all of the explosives on the car float into the vessel before sundown, the car float or barge shall be withdrawn from the vessel to a safe anchorage and carefully made fast. (2) If the car float is not properly equipped with anchors, hawsers, etc., and cannot be safely anchored, a tug shall remain in attendance and a watchman be kept on the car float or barge until the following morning or until unloading is resumed. (c) Car floats or barges having aboard cars containing explosives shall fly at each end of the float, not less than 15 feet above the deck, a red flag of not less than 20 square feet surface. Red lights shall be substituted for the flags if the barge or car float remains in the anchorage after sundown. *History: Ord. 13-336* #### § 7-17 Cars of explosives — seals to be unbroken. Balt., Md., Code art. 10, § 7-17 (2026) Car seals on carload shipments of explosives for transshipment via float or barge in Baltimore must not be broken, except as authorized by the federal regulations, until car float is alongside of vessel on which explosives are to be loaded, and only then when it is necessary to begin unloading the car. *History: Ord. 13-336* #### § 7-18 Tug boats. Balt., Md., Code art. 10, § 7-18 (2026) Tug boats towing vessels, floats, or barges aboard of which there are explosives will display at all times a red flag of at least 16 square feet surface at the masthead. Tug boats without masts will display the flag at least 10 feet above the upper deck. *History: Ord. 13-336* #### § 7-19 Balt., Md., Code art. 10, § 7-19 (2026) Reserved #### § 7-20 Tools. Balt., Md., Code art. 10, § 7-20 (2026) (a) (1) No metal bale hooks or other metal tools shall be used in loading, unloading, or handling explosives. (2) Men engaged in loading, unloading, or handling explosives must not carry metal bale hooks or other metal tools. (b) In loosening bracing in cars of explosives, only a wooden wedge and wooden mall or mallet may be used. *History: Ord. 13-336* #### § 7-21 Handling containers. Balt., Md., Code art. 10, § 7-21 (2026) Containers of either Class A, B, or C explosives shall not be thrown, dropped, or dragged along the decks of vessels, floors of cars, or over each other. *History: Ord. 13-336* #### § 7-22 Broken packages. Balt., Md., Code art. 10, § 7-22 (2026) (a) (1) Broken or seriously damaged packages of explosives may be recoopered when it is practicable and not dangerous. (2) A broken box of dynamite that cannot be recoopered should be reinforced by stout wrapping paper and twine, placed in another strong box, and surrounded by dry, fine sawdust, or dry and clean cotton waste, or elastic wads made from dry newspaper. (3) A ruptured can or keg should be inclosed in a grain bag of good quality and boxed or crated. (b) (1) Injured packages thus protected and properly marked may be forwarded. (2) Packages too seriously damaged to be recoopered should not be forwarded, but set aside and the shipper notified to make disposition of them. (c) In removing broken cases or kegs of explosives from car or vessel, care must be taken to remove any particles of loose explosives. *History: Ord. 13-336* #### § 7-23 Balt., Md., Code art. 10, § 7-23 (2026) Reserved #### § 7-24 Fires. Balt., Md., Code art. 10, § 7-24 (2026) (a) Engine room fires must be carefully banked during the time of receiving or delivering explosives. (b) No unnecessary fires shall be permitted on vessels while receiving or delivering explosives, and those fires which are deemed necessary must be left in constant charge of some one individual during the entire period in which the explosives are being handled. *History: Ord. 13-336* #### § 7-25 Matches, firearms, etc. Balt., Md., Code art. 10, § 7-25 (2026) Barge and vessel crews and persons engaged in loading, unloading, or handling explosives must not have or carry matches, firearms, or cartridges on their persons. *History: Ord. 13-336* *History: Ord. 76-052* #### § 7-26 Smoking. Balt., Md., Code art. 10, § 7-26 (2026) Smoking is prohibited in or on cars containing explosives, car floats having explosives aboard, or in the vicinity of explosives aboard vessels, cars, or barges. *History: Ord. 13-336* #### § 7-27 Shoes. Balt., Md., Code art. 10, § 7-27 (2026) Persons engaged in loading or unloading explosives shall not wear boots or shoes with iron nails, or shod or strengthened with iron, unless such boots or shoes are covered with leather, felt, or some other such material. *History: Ord. 13-336* #### § 7-28 Persons under the influence. Balt., Md., Code art. 10, § 7-28 (2026) No person under the influence of liquor shall be allowed on any vessel, barge, or scow on which explosives are being loaded or from which unloaded, nor will they be permitted to approach any vessel which is being loaded or unloaded. *History: Ord. 13-336* *History: Ord. 76-052* #### § 7-29 Transferring explosives — in general. Balt., Md., Code art. 10, § 7-29 (2026) (a) In transferring explosives from cars to vessel or one vessel to another, explosives must be handled by hand or regulation chute and mattress. (b) (1) If difference in elevation between vessel and car, or condition of weather, renders it impossible to transfer or load by hand or chute, mechanical hoists and a special crate or basket may be used and the explosives carefully lifted in this crate or basket from car float or deck of one vessel and carefully lowered on the mattress on the deck of the other. (2) Explosives transferred in this manner must not be handled roughly. They should be hoisted and lowered carefully and only deposited or lowered on a mattress. (c) Explosives must be transferred from a crate or basket into hold of boat by hand or regulation chute and mattress. The transfer of explosives by crate or basket into the hold of a vessel is prohibited. (d) (1) Careful men must be selected to handle explosives. (2) Packages of explosives must not be thrown, dropped, rolled, dragged, or slid over each other or over the decks of boats or floors of cars. (3) Dynamite boxes should be loaded with top side up. Powder kegs should be loaded with seams up. (4) All explosives must be handled carefully. *History: Ord. 13-336* #### § 7-30 Transferring explosives — inclined chutes. Balt., Md., Code art. 10, § 7-30 (2026) (a) (1) When an inclined chute is employed, such chute shall be constructed of 1-inch planed boards with side guards, 4 inches high, extending 3 inches above top face of bottom of chute, and throughout its length fastened with brass screws. (2) “D” shaped strips or runners not more than 6 inches apart and running lengthwise of the chute must be fastened to the upper surface of the bottom part by means of glue and wooden pegs extending through the bottom part and runners. (b) Chutes must be occasionally wiped down with waste moistened with machine oil, when dynamite packages are being handled. (c) A stuffed mattress 4 feet wide by 6 feet long and not less than 4 inches thick, or a heavy jute or hemp mat of like dimensions must be placed under the discharging end of the chute. (d) The incline of the chute should be such that the velocity of the packages sliding will not be great enough to cause violent shock when coming in contact with other packages or when reaching bottom of slide, or men must be stationed alongside the chutes to retard the velocity of the packages and prevent violent shocks when packages come in contact with each other or reach bottom of chute. *History: Ord. 13-336* #### § 7-31 Explosives to be loaded last. Balt., Md., Code art. 10, § 7-31 (2026) No explosives will be allowed to be placed aboard a vessel until the rest of the cargo has been placed aboard and the vessel trimmed. Immediately after the completion of the loading of explosives, the vessel shall weigh anchor and leave port, weather conditions permitting. *History: Ord. 13-336* #### §§ 7-32 to 7-40 Balt., Md., Code art. 10, § 7-32 to 7-40 (2026) Reserved #### § 7-41 Compliance with regulations. Balt., Md., Code art. 10, § 7-41 (2026) The Chief Stevedore or person in charge of stevedores must fully understand and see that all persons under his supervision comply with these rules and regulations. *History: Ord. 13-336* #### § 7-42 Enforcement. Balt., Md., Code art. 10, § 7-42 (2026) (a) The inspector appointed by the City shall have authority to remove any man or men disobeying or violating any of these rules or regulations, or whose condition of work in handling explosives is a menace to safety. (b) The City Inspector shall have authority to stop the loading or unloading of the vessel if such loading or unloading is a menace to public safety. *History: Ord. 13-336* #### § 7-43 Penalties; civil liability. Balt., Md., Code art. 10, § 7-43 (2026) (a) Any person, firm, corporation, or other legal entity who commits a violation of any of the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be fined not less than $50 nor more than $500, or sentenced to not more than 12 months in jail, or both, for each offense. (b) Nothing contained in this subtitle shall be taken or construed to impose any liability upon the Mayor and City Council of Baltimore or the Maryland Port Authority, or any of their agents or employees, for damages for loss of life or injuries to any person or property which may occur by reason of any explosion or fire resulting therefrom in the Patapsco River or any of its tributaries, or upon any wharf or landing connected therewith whether said explosion or fire shall occur by reason of the failure to observe any or all of the requirements of this subtitle, or from whatever cause the same may occur; nor shall any such liability be imposed upon the Mayor and City Council of Baltimore or the Maryland Port Authority, or their agents or employees, by reason of anything that may be done or omitted to be done by any legal entity under or in pursuance of this subtitle or by reason of any failure on the part of the Harbor Engineer or the Director of Port Operations of the Maryland Port Authority or any inspector appointed pursuant to the provisions of this subtitle to enforce the rules and regulations prescribed in this subtitle. *History: Ord. 13-336* *History: Ord. 58-1652* ### Subtitle 8 – Ammonium Nitrates #### § 8-1 Scope of subtitle. Balt., Md., Code art. 10, § 8-1 (2026) Except as otherwise provided herein, the provisions of this subtitle shall apply to any and all shipments, whether in bulk or in packages or containers of any type or kind, and, among others, to all shipments that may be on board any ship or vessel prior to its arrival in the Patapsco River or any of its tributaries. *History: Ord. 58-1651* #### § 8-2 Handling must comply with all laws. Balt., Md., Code art. 10, § 8-2 (2026) All ammonium nitrate, including ammonium nitrate of fertilizer grade, mixed fertilizers containing ammonium nitrate, or other materials or products containing ammonium nitrate, on any ship or vessel of any nationality, registry, or license, or while being loaded on, discharged from, or transferred from any ship or vessel of any nationality, registry, or license, in any part of the Patapsco River or any of its tributaries shall be loaded, discharged, transferred, stored, stowed, and handled in strict compliance with any and all applicable federal, state, and municipal laws, rules, and regulations. *History: Ord. 58-1651* #### § 8-3 Permits required. Balt., Md., Code art. 10, § 8-3 (2026) No shipments of ammonium nitrate or materials or products containing ammonium nitrate in excess of 13% or which are otherwise classified as dangerous under Interstate Commerce Commission regulations, except ammonium nitrate materials or products specifically exempted under § 8-6 of this subtitle, shall be brought into any anchorage or into or onto any dock, wharf, pier, or other similar waterfront structure (hereinafter called “waterfront facility”) in, on, or immediately adjacent to the Patapsco River or any of its tributaries by any means of water transportation, except in cases of continuous cross-harbor freight car shipments by car floats or freight car shipments by car floats from car float bridges to Anchorage No. 6 heretofore mentioned in this Article 10, unless and until after a permit to do so has first been obtained, upon proper written application, from the Harbor Engineer of the Mayor and City Council of Baltimore. *History: Ord. 58-1651* #### § 8-4 Application and issuance. Balt., Md., Code art. 10, § 8-4 (2026) (a) Application for any such permit may be made by the owner of the material, the owner or operator of any transportation facility having an interest in the movement of the material, the owner, agent, charterer, master, or person in charge of a ship or vessel on which the material has been loaded, or on which the material is to be loaded, or from which the material is to be discharged, as the case may be. (b) (1) The application for any such permit shall be in such form and contain such information as may be necessary or proper to enable the Harbor Engineer to determine whether or not the materials to be included in any particular proposed shipment are or are not dangerous. (2) Among other things, such application shall include the following: (i) an informative statement showing the approximate composition of the material or product and which shall indicate the approximate percentage of ammonium nitrate; (ii) the quantities involved; (iii) points of origin and destination; (iv) date when and location where transshipment is proposed to be made; (v) whether in bulk or in containers and, if in containers, the type thereof; (vi) if a ship or vessel is involved, the name of such ship or vessel and the name of its owner or operator; and (vii) all other pertinent information. (c) Every application for any such permit, shall be filed with the Harbor Engineer prior to the proposed date of shipment at a time that will be reasonably sufficient to enable the Harbor Engineer to fully and properly consider the contents of the application and determine whether or not a permit should be issued. (d) Before issuing any such permit, the Harbor Engineer shall satisfy himself that no applicable federal, state, or municipal laws, rules, or regulations will be violated. *History: Ord. 58-1651* #### § 8-5 Restricted materials. Balt., Md., Code art. 10, § 8-5 (2026) (a) Inasmuch as there are no waterfront facilities located in or on the Patapsco River or any of its tributaries, which are so remotely situated from populous areas or high value high hazard industrial facilities, at which certain types or kinds of ammonium nitrate materials or products which are being or are to be moved by any means of water transportation can be loaded, discharged, transferred, stored, stowed, or otherwise handled without endangering lives and property by fire or explosion, the following ammonium nitrate materials or products shall not be loaded, discharged, transferred, stored, stowed, or otherwise handled on, in, or from any vessel or ship or waterfront facility of any kind or description in or on the Patapsco River or any of its tributaries, except as specifically provided for or permitted hereunder. (b) (1) Ammonium nitrate, including ammonium nitrate fertilizer, organic coated, packaged in paper bags or other combustible containers or in bulk. (2) Provided that such materials in amounts totaling not more than 200 tons at any one time may be loaded or discharged within the aforementioned Anchorage No. 6, and this total concentration shall not be exceeded at any one time through division of such materials between 2 or more ships or vessels, and such materials may be moved from dock side to said Anchorage No. 6 by means of freight cars on car floats or on lighters or scows. (c) (1) Ammonium nitrate, including ammonium nitrate fertilizer, organic coated, packaged in substantial metal barrels or drums in amounts exceeding 1,000 pounds. (2) Provided that amounts of such materials totaling not more than 200 tons at any one time may be loaded or discharged within the aforementioned Anchorage No. 6, and this total concentration shall not be exceeded at any one time through division of such materials between 2 or more ships or vessels, and such material may be moved from dock side to said Anchorage No. 6 by means of freight cars on car floats or on lighters or scows. (d) (1) Ammonium nitrate (in the form of prills, crystals, grains, or flakes) dynamite grade, fertilizer grade, nitrous oxide grade, and technical grade, all without organic coating, packaged in paper bags or other combustible containers in amounts exceeding 1,000 pounds. (2) Provided that this material may be loaded or discharged within the aforementioned Anchorage No. 6, and such materials may be moved from dock side to said Anchorage No. 6 by means of freight cars on car floats or on lighters or scows. (e) (1) Ammonium nitrate phosphate materials or products containing 60% or more ammonium nitrate, without organic coating, packaged in paper bags or other combustible containers in amounts exceeding 1,000 pounds. (2) Provided that this material may be loaded or discharged within the aforementioned Anchorage No. 6, and such materials may be moved from dock side to said Anchorage No. 6 by means of freight cars on car floats or on lighters or scows. *History: Ord. 58-1651* #### § 8-6 Permitted materials. Balt., Md., Code art. 10, § 8-6 (2026) The following ammonium nitrate materials or products may be loaded, discharged, transferred, stored, stowed, or otherwise handled on, in, or from any vessel or ship or waterfront facility of any kind or description in or on the Patapsco River or any of its tributaries: (1) Ammonium nitrate carbonate mixtures, composed of approximately 60% by weight of ammonium nitrate and 40% by weight of fine carbonate (precipitated calcium carbonate, chalk, ground limestone, or ground dolomite) and having approximately 20.5% available nitrogen. (2) Mixed fertilizers, containing up to 60% by weight of ammonium nitrate, and often other nitrogen compounds with either or both phosphate and potash compounds, without organic filler. (3) Nitrogen solutions of the types generally used in the manufacture of mixed fertilizers referred to in item (2) immediately above. (4) Ammonium nitrate-calcium nitrate mixtures composed of approximately 50% of ammonium nitrate and 50% of calcium nitrate. (5) Ammonium nitrate sulfate mixtures composed of not more than 40% of ammonium nitrate and 60% of ammonium sulfate. (6) Ammonium nitrate phosphate fertilizers, containing less than 60% ammonium nitrate, without organic fillers, and not otherwise classified as dangerous under Interstate Commerce Commission regulations. (7) Ammonium nitrate (in the form of prills, crystals, grains, or flakes) dynamite grade, fertilizer grade, nitrous oxide grade, and technical grade, all without organic coating, packaged in substantial metal barrels or drums. *History: Ord. 58-1651* #### § 8-7 Permit required for all other materials. Balt., Md., Code art. 10, § 8-7 (2026) (a) Any person or other legal entity desiring to import or export ammonium nitrate materials and formulations not conforming to any of the classes listed in this subtitle shall make application to, and secure a permit from the Harbor Engineer to do so. (b) (1) If it is deemed necessary by the Harbor Engineer, a sample of not more than 1,000 pounds of the material in bags as prepared for shipment shall be furnished at least 60 days prior to the intended date of shipment. (2) This sample shall be analyzed by a competent laboratory designated by the Harbor Engineer to determine whether the characteristics of the material require its classification as a dangerous article for purposes of transportation. (3) All costs of such tests shall be borne by the person making application for such permit. *History: Ord. 58-1651* #### §§ 8-8 to 8-10 Balt., Md., Code art. 10, § 8-8 to 8-10 (2026) Reserved #### § 8-11 Federal laws and regulations prevail. Balt., Md., Code art. 10, § 8-11 (2026) Insofar as interstate or foreign commerce is involved or concerned, in the event that any provision of this subtitle hereinbefore set forth is inconsistent or in conflict with any applicable provision of any federal law, or any rule or regulation properly adopted and promulgated by any duly constituted agency of the federal government, then the provision of the federal law or rule or regulation shall be controlling. *History: Ord. 58-1651* #### § 8-12 Penalties. Balt., Md., Code art. 10, § 8-12 (2026) Any person, firm, corporation, or other legal entity who violates any of the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be fined not less than $50 nor more than $500, or sentenced to not more than 12 months in jail, or both, for each offense. *History: Ord. 58-1651* ### Subtitle 9 – Steam-Propelled Vessels #### § 9-1 Spark arresters. Balt., Md., Code art. 10, § 9-1 (2026) It shall be the duty of every owner, agent, master, or captain of any vessel or craft propelled in whole or in part by steam or on which any steam engines, boilers, or stoves are used, to cover securely each funnel or smoke-stack on such vessel with an efficient metal spark arrester, the wire mesh of which shall not be less than 4 to the inch, when crossing the pierhead line in approaching any grain elevator, or any pier, in the Patapsco River or its tributaries, at which cotton or naval stores are being handled or are stored, and shall keep same covered the entire time while within said pierhead line. *History: Ord. 17-280* #### § 9-2 Hatch combing protection. Balt., Md., Code art. 10, § 9-2 (2026) It shall be the duty of every agent, owner, master, or captain of any such vessel propelled in whole or in part by steam while loading or discharging cotton or naval stores into or from said vessel at any pier in the Patapsco River or its tributaries, to protect or have protected all hatch combings so that the cargo of cotton or naval stores so loaded or unloaded shall not come in contact with the combings. *History: Ord. 17-280* #### § 9-3 Fire hose and equipment. Balt., Md., Code art. 10, § 9-3 (2026) It shall be the duty of every owner, agent, master, or captain of any vessel, or craft, propelled in whole or in part by steam, while in the Patapsco River or its tributaries, and while said vessel or craft is loading or discharging a cargo of cotton or naval stores, to couple its fire hose and keep the same ready for use at all times while so loading or discharging such cargo at said wharf or pier, and it shall keep sufficient steam while so loading or discharging, at all hours of the day, on the donkey or one of the main boilers, to enable a full stream of water to be turned on in case of fire occurring upon or alongside said vessel or craft; and to supply such vessel with sufficient fire hose to reach to each and every hatch of the said vessel or craft. *History: Ord. 17-280* #### § 9-4 Penalties. Balt., Md., Code art. 10, § 9-4 (2026) Any person violating any of the provisions of this subtitle shall be guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100. *History: Ord. 17-280* ### Subtitle 10 – Actions and Remedies #### § 10-1 Scope of subtitle. Balt., Md., Code art. 10, § 10-1 (2026) Except as otherwise provided herein, the provisions of this subtitle shall apply solely to claims which may arise or have arisen as a result of the allision between a ship, the M/V Dali, and the Francis Scott Key Bridge on March 26, 2024. *History: * #### § 10-2 Rules and regulations. Balt., Md., Code art. 10, § 10-2 (2026) Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the City Solicitor may adopt such rules and regulations deemed necessary and proper to carry out the provisions of this Subtitle 10, as the same may be amended from time to time. *History: * #### § 10-3 Economic loss. Balt., Md., Code art. 10, § 10-3 (2026) (a) (1) In a cause of action arising out of the allision between a ship, the M/V Dali, and the Francis Scott Key Bridge on March 26, 2024, the City of Baltimore shall be entitled to recover for economic loss including, without limitation, the following, if the following were caused by any violation of any permit, rule, regulation, or order to which the owner or operator of the M/V Dali or the owner or operator’s agents were subject, or caused by the negligence of the owner or operator of the M/V Dali or the owner or operator’s agents: (i) loss of income; (ii) loss of means of producing income; (iii) loss of an economic benefit; (iv) loss of tax revenue; (v) loss caused by damage to the natural resources of the City of Baltimore; (vi) the costs of response, containment, removal, or remedial action incurred by the City of Baltimore; (vii) loss due to administrative expenditures for the incremental costs of providing the functions or services that are incurred by the City of Baltimore; and (viii) the costs of projects or activities that are delayed or lost because of the efforts of the City of Baltimore. (2) In any action brought to recover such economic loss, it is not necessary to prove that the loss was sustained as a result of physical injury to a person or damage to the City of Baltimore’s property, nor is it a defense to claim that the defendant owed no special duty to the City of Baltimore or that the loss was the result of governmental action taken in response to the violation of any permit, rule, regulation, or order by defendant or negligence of defendant. (b) Nothing in this subtitle may be deemed to limit any other cause of action that may exist under federal, State, municipal, or common law. (c) Nothing in this subtitle shall be deemed to be in conflict with a person’s ability to invoke 46 U.S.C. § 30523 {“Maritime Liability - Exoneration and limitation of liability - General limit of liability”} to limit liability. *History: * ## Article 11 – Labor and Employment ### Division I – Minimum Wage Law #### Subtitle 1 – Definitions; General Provisions ##### § 1-1 Definitions. Balt., Md., Code art. 11, § 1-1 (2026) (a) The terms hereinafter set forth, wherever used in this Division I, are defined as follows. (b) “Employ” means to permit to work. (c) (1) “Employer” means any person, individual, partnership, association, corporation, business trust, or any other organized group or successor of an individual, partnership, association, corporation, trust of persons employing 2 or more persons in the City of Baltimore. (2) “Employer” shall not include the United States, any State, or any political subdivision thereof. (d) (1) “Employee” means any person permitted or instructed to work or be present by an employer. (2) “Employee” shall not include: (i) persons engaged in the activities of an educational, charitable, religious, or other nonprofit organization where the services rendered to such organization are on a voluntary basis, or in return for charitable aid conferred upon such person; (ii) persons employed in a bona fide executive, supervisory, or professional capacity; (iii) persons employed by any member of their immediate family; (iv) persons compensated upon a commission basis only; or (v) persons employed as domestics within a home, only to the extent that such persons have been exempted from the Federal Fair Labor Standards Act as amended and as hereafter amended. *History: Ord. 64-370* *History: Ord. 65-491* *History: Ord. 66-739* *History: Ord. 67-1219* *History: Ord. 70-798* *History: Ord. 75-969* *History: Ord. 78-778* *History: Ord. 90-601* ##### § 1-2 Findings; policy. Balt., Md., Code art. 11, § 1-2 (2026) (a) The Mayor and City Council, after conducting an investigation of employment conditions in the City of Baltimore, hereby find: (1) that many persons employed in Baltimore are paid wages which, in relation to the cost of living in the City and the income necessary to sustain minimum standards of decent living conditions, are insufficient to provide adequate maintenance for themselves and their families; (2) that the employment of such persons at such wages: (i) impairs the health, efficiency, and well-being of the persons so employed and of their families; (ii) reduces the purchasing power of such persons; (iii) diminishes and depresses business, trade, and industry in the City; (iv) threatens the stability and well-being of the City’s economic life; (v) fosters and contributes toward slum conditions and housing evils; (vi) creates conditions of want and deprivation tending to weaken and undermine family life and breed crime and juvenile delinquency; (vii) threatens the health, welfare, and well-being of the people of the City; and (viii) injures the City economically. (b) (1) Accordingly, it is the declared policy of the Mayor and City Council that such conditions be eliminated as rapidly as practicable without substantially curtailing opportunities for employment or earning power. (2) To that end, legislation is necessary in the public interest in order to end these conditions so inimical to the public health, safety, and welfare of the citizens of Baltimore, to establish minimum wage standards for all employees as herein defined at a level consistent with their health, welfare, and general well-being. *History: Ord. 66-739* ##### § 1-3 Balt., Md., Code art. 11, § 1-3 (2026) Reserved #### Subtitle 2 – Wage Commission ##### § 2-1 Commission established. Balt., Md., Code art. 11, § 2-1 (2026) There is hereby created and established the Wage Commission of Baltimore City, with the membership, powers, and duties as in this Division I provided, which shall be responsible for the administration and proper operation of the minimum wage law. *History: Ord. 64-370* *History: Ord. 78-778* ##### § 2-2 Members. Balt., Md., Code art. 11, § 2-2 (2026) (a) The Commission comprises 5 persons of integrity and experience, who shall be appointed by the Mayor subject to the approval of the City Council. (b) If a vacancy occurs on the Commission, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (c) Each member of the Commission, within 10 days after appointment, shall take an oath of office that so far as it devolves upon him or her, she or he will diligently and honestly administer the affairs of the Commission, and the oath shall be subscribed to by the member making it and certified by the Mayor before whom it is taken. (d) The Commission members shall serve without compensation, but shall be reimbursed for all expenses necessarily incurred. *History: Ord. 370, 1964-65* *History: Ord. 67-1219* *History: Ord. 99-526* ##### § 2-3 Voting; quorum. Balt., Md., Code art. 11, § 2-3 (2026) (a) Each member of the Commission shall be entitled to 1 vote. (b) A majority of said Commission shall constitute a quorum for the transaction of any business, the exercise of any power in the performance of any duty authorized or imposed by this Division I. *History: Ord. 64-370* ##### § 2-4 Chair, staff, and expenses. Balt., Md., Code art. 11, § 2-4 (2026) (a) The Mayor shall designate 1 member of the Commission as its chairman. (b) The Commission shall, by a majority vote of all its members, appoint an executive director. (c) It shall employ such other persons as may be required to administer effectively the provisions of this Division I. (d) Compensation of all persons so employed by the Commission and all other necessary expenses of the Commission shall be paid at such rates and in such amounts as the Board of Estimates shall approve and in accordance with the appropriations in the annual Ordinance of Estimates. *History: Ord. 64-370* ##### § 2-5 General powers and duties. Balt., Md., Code art. 11, § 2-5 (2026) The Commission is authorized to and shall have the power to: (1) formulate and carry out a comprehensive educational and action program designed to eliminate the payment of substandard wages to employees in the City of Baltimore; (2) receive, investigate, and take action as herein provided on all complaints of payment of less than the minimum wage required by this Division I; (3) conduct such investigations on its own initiative as it deems proper to effectuate the purposes of this Division I; (4) monitor and assist in the fulfillment of any agreements negotiated with employers to effect their compliance with this Division I; (5) make appropriate findings as a result of any of its investigations; and (6) in carrying out its powers and duties, inspect payroll records of any business without prior notice. *History: Ord. 64-370* *History: Ord. 66-739* *History: Ord. 67-1219* *History: Ord. 70-798* *History: Ord. 90-601* ##### § 2-6 Rules and regulations. Balt., Md., Code art. 11, § 2-6 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commission is authorized to and shall have the power to adopt such rules and regulations as it may deem necessary to: (1) effect compliance with this Division I; (2) govern its procedures; and (3) execute the duties and responsibilities imposed on it herein. (b) Such rules and regulations may include, but are not limited to: (1) those further defining: (i) persons engaged in voluntary service to a nonprofit organization; (ii) persons employed in a bona fide executive, supervisory, or professional capacity; (iii) persons employed by any member of their immediate family; and (iv) persons compensated upon a commission basis; and (2) those: (i) establishing deductions in allowance for the reasonable value of uniforms, board, lodging, or other facilities, items, or services supplied by the employer; (ii) defining students and employees customarily receiving tips; and (iii) defining handicapped persons, for the purposes of § 3-2 of this Division I. *History: Ord. 64-370* *History: Ord. 66-739* *History: Ord. 67-1219* *History: Ord. 70-798* *History: Ord. 78-778* *History: Text Conformed 02/18/21* #### Subtitle 3 – Wage Requirements ##### § 3-1 Minimum wage required. Balt., Md., Code art. 11, § 3-1 (2026) (a) Subject to the other provisions of this Division I, every employer operating and doing business in Baltimore City shall pay wages to each employee in the City at a rate not less than the minimum wage required by the Federal Fair Labor Standards Act, as amended. (b) It is a violation of this Division I for any employer to pay any employee a wage less than the minimum wage required by this Division I, and it is a separate violation each time an employee is not paid the wage required by this Division I at the time the employee is entitled to be paid. *History: Ord. 64-370* *History: Ord. 67-1219* *History: Ord. 70-798* *History: Ord. 74-698* *History: Ord. 78-778* *History: Ord. 90-601* *History: Ord. 97-167* ##### § 3-2 Exceptions. Balt., Md., Code art. 11, § 3-2 (2026) (a) (1) For purposes of this Division I, wages shall include the reasonable value, as determined by the Wage Commission, of uniforms, board, lodging, or other facilities, items, or services furnished such employee by the employer. (2) Provided that the Wage Commission is empowered to determine such value by reference to the average cost to the employer or to groups of employers similarly situated. (b) (1) Any employee who is a full-time student in a primary or secondary school, as such term is further defined by the Wage Commission, may be paid 85% of the minimum wage prescribed herein. (2) Provided, however, that such students may not be employed for more than 28 hours per week while attending school. (3) It shall be a violation of this Division I for any employer to employ such a full-time student for more than 28 hours per week while school is in session. (c) Students enrolled in an approved work-study program shall be exempt from the limitations of subsection (b) of this section and from the minimum wage requirements of this Division I. Work study programs must be approved by the Wage Commission. (d) (1) With respect to any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips, the employer shall pay wages in the amount not less than the amount required to be paid a tipped employee under the Federal Fair Labor Standards Act, as amended. (2) It is the employer’s obligation to provide evidence of any amount claimed by him as being received by his employee as tips. (e) (1) The Wage Commission may, in its discretion, recognize certificates issued by the State of Maryland for payment of less than the minimum wage to persons who are mentally or physically handicapped, or the Commission may issue its own certificates. (2) Provided, that the Commission’s said recognition or certification may be upon such terms and for such period of time as the Commission deems appropriate. (f) An employer may pay an opportunity wage (i.e., a wage below the minimum wage) to any employee, but only under the conditions and limitations authorized for opportunity wages by the Federal Fair Labor Standards Act, as amended. *History: Ord. 67-1219* *History: Ord. 70-798* *History: Ord. 70-926* *History: Ord. 74-698* *History: Ord. 78-778* *History: Ord. 90-601* *History: Ord. 97-167* ##### § 3-3 Overtime pay required. Balt., Md., Code art. 11, § 3-3 (2026) (a) Every employer shall pay each of its employees, for all hours worked in excess of 40 during any work week, at a rate which is 1½ times the employee’s usual hourly wage rate, except that no employer will be liable for overtime pay to an employee under this section to a greater extent than it is liable to such employee under the Maryland Wage and Hour Law (Title 3, Subtitle 4 of the State Labor and Employment Article) or the Federal Fair Labor Standards Act (29 U.S.C. §§ 201 - 219). (b) (1) Except that any gross receipts dollar volume limitation to coverage contained in the Maryland Wage and Hour Law or the Federal Fair Labor Standards Act will not be applicable hereunder. (2) For purposes of this section, an employee’s “usual hourly wage rate” and “work week” shall be determined under the provisions of the Federal Fair Labor Standards Act unless his employer is not subject to that Act, in which case such determinations shall be made under the provisions of the Minimum Wage Act of the State of Maryland. (c) It shall be a violation of this Division I for any employer to pay any employee a wage below the minimum overtime wage set forth herein, and it shall be deemed a separate violation each work week an employee is not paid the wage required by this Division I at the time the employee is entitled to be paid. *History: Ord. 78-778* *History: 90-601* ##### § 3-4 Withholding. Balt., Md., Code art. 11, § 3-4 (2026) (a) No employer shall withhold any part of the wages or salary of any employee, except for those deductions in accordance with law, without written and signed authorization of the employee. (b) It shall be a violation of this Division I for any employer to make any such prohibited withholding from the pay of any employee, and it shall be deemed a separate violation when any such prohibited withholding is made from any paycheck of any employee. *History: Ord. 78-778* *History: Ord. 90-601* ##### § 3-5 Wages due on termination of employment. Balt., Md., Code art. 11, § 3-5 (2026) It shall be a violation of this Division I for any employer to refuse to pay to any employee who is terminated, resigns, retires, or who otherwise ends or suspends his employment, all wages due end owing to said employee on the next regular payday that said wages would otherwise have been paid. *History: Ord. 78-778* *History: Ord. 90-601* ##### § 3-6 Posting summary of law. Balt., Md., Code art. 11, § 3-6 (2026) (a) Every employer subject to this Division I shall keep a summary of this Division I, furnished by the Commission without charge, posted in a conspicuous place on or about the premises wherein any person subject to this Division I is employed. (b) Failure to so post said summary shall be deemed a violation of this Division I. *History: Ord. 64-370* *History: Ord. 78-778* *History: Ord. 90-601* ##### § 3-7 Notices to employees. Balt., Md., Code art. 11, § 3-7 (2026) (a) (1) Every employer subject to this Division I shall notify his employees at the time of hiring of: (i) their respective rates of pay; and (ii) the regular payday designated by the employer. (2) Any employer who fails to so notify his employees shall be in violation of this Division I, and it shall be deemed a separate violation as to each employee not notified as required herein. (b) (1) Every employer subject to this Division I shall notify his employees of any changes in the pay rates or payday at least 1 pay period prior to the change. (2) It shall be a violation of this Division I for any employer to change the pay rate or payday of any employee without giving to said employee notice as required herein. (c) (1) Every employer subject to this Division I shall furnish each employee with a statement each pay period which shall, in each instance, clearly show: (i) gross earnings; (ii) itemized deductions; (iii) hours worked; and (iv) rate of pay. (2) It shall be a violation of this Division I for any employer to fail to provide any employee with the statement required herein, and it shall be deemed a separate violation any time the statement required herein is not provided to any employee. *History: Ord. 78-778* *History: Ord. 90-601* ##### § 3-8 Payroll records. Balt., Md., Code art. 11, § 3-8 (2026) (a) (1) Every employer subject to this Division I shall keep, for a period of not less than 3 years, a true and accurate record of the: (i) name, (ii) social security number, (iii) address at time of employment, (iv) occupation, (v) time worked each day, and (vi) rate of pay for each of his employees. (2) Any employer who fails to maintain such records shall be in violation of this Division I, and it shall be deemed a separate violation thereof as to each employee for whom records are not fully maintained. (b) (1) The Commission or its authorized representative shall have the right, at all reasonable times, to enter upon the premises of any employer to inspect such records to ascertain whether the provisions of this Division I have been complied with. (2) It shall be a violation of this Division I to prevent, obstruct, or to attempt to prevent or obstruct such entries and inspections. *History: Ord. 64-370* *History: Ord. 66-739* *History: Ord. 67-1219* *History: Ord. 70-798* *History: Ord. 75-969* *History: Ord. 78-778* *History: Ord. 90-601* ##### § 3-9 Security guards. Balt., Md., Code art. 11, § 3-9 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Compensation” means any combination of wages, benefits, and paid time off. (3) (i) “Covered security guard” means any individual employed in Baltimore City by a covered security employer who principally performs 1 or more of the following functions: (A) protects individuals or property from harm, theft, or other unlawful activity; (B) deters, observes, detects, or reports incidents in order to prevent any unlawful or unauthorized activity, including unlawful or unauthorized intrusion or entry, larceny, vandalism, abuse, arson, or trespass on property; or (C) responds to a triggered security system alarm in order to prevent or detect unauthorized intrusion, robbery, burglary, theft, pilferage, and other losses or to maintain security of a protected premises. (ii) “Covered security guard” does not include: (A) a marine guard or ship watchman, regardless of whether the guard or watchman is stationed aboard a ship or on a pier; or (B) an unarmed employee of a bar, tavern, or restaurant. (4) “Covered security employer” means any person, firm, limited liability company, corporation, public entity or subsidiary or department of such firm, limited liability company, corporation, or public entity employing 2 or more covered security guards or individuals being self-employed as a security guard on either a proprietary basis for its own use or on a contractual basis for use by another person, firm, limited liability company, corporation, public entity or subsidiary thereof within the City. (5) (i) “Minimum compensation” means the compensation amount a covered security employer is required to pay to a covered security guard pursuant to this section. (ii) “Minimum compensation” does not include all otherwise legally-required benefits, with the exception of: (A) federal holidays; and (B) the supplement benefit rate required by § 3-1604(a)(2)(ii) of the State Labor and Employment Article. (b) (1) The minimum compensation amount for a covered security guard in the City may not be less than, for the Guard 1 classification established by the United States Secretary of Labor pursuant to Chapter 67 of 41 U.S.C. § 6701 et seq., as amended, the combined value of the minimum wage rate, health and welfare rate, and paid vacation and holidays rates set forth in the locality wage determination issued by the Administrator of the Wage and Hour Division of the Employment Standards Division of the U.S. Department of Labor for the area that includes the City. (2) The Wage Commission, with the assistance of the Office of Equity and Civil Rights, shall annually determine the minimum compensation amount required under paragraph (1) of this subsection by July 1 of each year. (3) The minimum compensation amount established under this subsection shall be effective the following year from January 1 through December 31. (c) The Office of Equity and Civil Rights shall post the minimum compensation determination made under subsection (b) of this section on the City’s website no later than July 1 of each year. (d) Subject to the other provisions of this Division I, a covered security employer shall, at a minimum, pay each covered security guard the minimum compensation amount determined by the Wage Commission under subsection (b) of this section. (e) It is a violation of this Division I for a covered security employer to pay a covered security guard less than the minimum compensation amount required by this section. (f) (1) Upon the taking effect of the compensation determination under this section, a covered security employer shall post a sign, measuring at least 3 by 5 inches in size, that includes: (i) the required compensation amount; (ii) a citation of the applicable sections of City Code; and (iii) the contact information for the Wage Commission. (2) The covered security employer shall post the sign required under this subsection: (i) in clear view of employees; and (ii) where similar notices are customarily posted. (3) The Office of Equity and Civil Rights shall compile and post on the City’s website a printable version of the sign required under this subsection. *History: * *History: * *History: * #### Subtitle 4 – Enforcement Procedures ##### § 4-1 Complaints by employee. Balt., Md., Code art. 11, § 4-1 (2026) (a) Any person claiming to be aggrieved by an alleged payment of a wage of a lesser amount than required by this Division I may, by himself or his attorney, within 1 year after the occurrence of the alleged unlawful act, make, sign, and file with the Commission a complaint in writing, under oath. (b) The complaint shall state the name and address of the employer alleged to have paid the unlawful wage (hereinafter referred to as the respondent) and the particulars thereof, and contain such other information as may be required by the Commission. *History: Ord. 64-370* *History: Ord. 66-739* ##### § 4-2 Complaints by Commission. Balt., Md., Code art. 11, § 4-2 (2026) The Commission shall have the right, acting upon its own initiative and without any complaint from an employee, to file a complaint against an employer whenever the Commission has reasonable cause to believe that such employer is or has been in violation of the provisions of this Division I. *History: Ord. 64-370* *History: Ord. 66-739* ##### § 4-3 Investigation for probable cause. Balt., Md., Code art. 11, § 4-3 (2026) After the filing of any such complaint, either by a person claiming to be aggrieved as set forth in § 4-1 or by the Commission, the Commission shall: (1) investigate the facts alleged therein; and (2) make a finding of probable cause for the said complaint or lack of it. *History: Ord. 64-370* *History: Ord. 66-739* ##### § 4-4 Subpoenas; oaths. Balt., Md., Code art. 11, § 4-4 (2026) (a) In enforcing this Division I, the Commission may: (1) issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, or necessary for hearings, investigations, or proceedings; and (2) administer oaths, subject to the penalties for perjury, to all witnesses. (b) Any such subpoena shall be served by: (1) the Sheriff of Baltimore City or any of his deputies; or (2) any other person authorized by the Maryland Rules of Procedure to effectuate in personam service. (c) (1) In case of disobedience to a subpoena, the Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. (2) Said court, in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses or the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigations, or proceedings of the Commission, may issue an order requiring the attendance and testimony of such witnesses and the production of such books, papers, records, and documents, or any of them. (3) Any failure to obey such order of the court may be punished by the court as contempt thereof. *History: Ord. 64-370* *History: Ord. 66-739* *History: Ord. 67-1219* *History: Ord. 90-601* *History: Ord. 04-672* ##### § 4-5 Dismissal for lack of probable cause. Balt., Md., Code art. 11, § 4-5 (2026) If the finding of the Commission is that the complaint lacks probable cause, then it shall dismiss said complaint and mail copies of its finding to respondent and complainant. *History: Ord. 64-370* *History: Ord. 66-739* ##### § 4-6 Probable cause conference; settlement agreement. Balt., Md., Code art. 11, § 4-6 (2026) (a) If the Commission finds probable cause for the complaint, the Commission shall attempt, by means of conference, to: (1) persuade respondent to cease and desist its illegal action; (2) commence paying complainant such lawful wages as are required by this Division I; and (3) reimburse complainant for the difference between what he had been receiving as wages and what he should have lawfully received. (b) Any such agreement reached between respondent and the Commission shall be reduced to writing and a copy thereof furnished to complainant and respondent. *History: Ord. 64-370* *History: Ord. 66-739* ##### § 4-7 Final order. Balt., Md., Code art. 11, § 4-7 (2026) (a) If: (1) the Commission and the respondent shall fail to reach agreement, or (2) the respondent shall fail to meet his obligations under such agreement: (i) within 30 days thereof, or (ii) within such other time as may be specified therein, (3) require the payment of all wages due the respondent’s employees hereunder, and (4) direct the cessation of all practices by the respondent which are contrary to the provisions of this Division I and/or rules and regulations of the Commission. (b) A copy of such order shall be furnished the respondent by registered mail within 3 days of its passage. *History: Ord. 64-370* *History: Ord. 66-739* ##### § 4-8 Judicial and appellate review. Balt., Md., Code art. 11, § 4-8 (2026) (a) A respondent aggrieved by an order of the Commission under this Division I may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 70-798* *History: Ord. 04-672* *History: Ord. 19-332* ##### § 4-9 Referral to Solicitor. Balt., Md., Code art. 11, § 4-9 (2026) If, within 30 days of the passage of such order, the respondent shall have failed to comply therewith, the Wage Commission may certify such proceedings to the City Solicitor and request that he petition the Circuit Court of Baltimore City to enforce the said order and direct payment to the aggrieved employee. *History: Ord. 70-798* *History: Ord. 78-778* ##### § 4-10 Confidential information. Balt., Md., Code art. 11, § 4-10 (2026) (a) The records of the Commission in any proceeding or investigation made pursuant to the provisions of this Division I shall be kept confidential to the extent that they disclose the payroll of any employer, except for the use of a complainant employee or other public agency. (b) (1) Neither the Commission nor any of its employees may be compelled in any hearing before the Commission or other administrative proceeding, to disclose the identity of any person filing a complaint with the Commission under the provisions of this Division I. (2) The Commission shall, however, have the right in its sole discretion to make such disclosure in any instance where the Commission deems it appropriate to do so. *History: Ord. 64-370* *History: Ord. 66-739* *History: Ord. 67-1219* *History: Ord. 70-798* *History: Ord. 75-969* *History: Ord. 78-778* *History: Ord. 90-601* ##### § 4-11 Disposition of unclaimed recoveries. Balt., Md., Code art. 11, § 4-11 (2026) Any sums recovered by the Wage Commission for Baltimore City and not paid to the employee because of inability to locate said employee within a period of 1 year shall be paid into the Treasury of the City of Baltimore. *History: Ord. 90-601* #### Subtitle 5 – Other Prohibited Conduct ##### § 5-1 By employer - retaliation against employee. Balt., Md., Code art. 11, § 5-1 (2026) (a) It shall be unlawful, and a violation of this Division I, for any employer to discharge or reduce the compensation of any employee for: (1) making a complaint to the Wage Commission; (2) participating in any of its proceedings; or (3) availing himself of any of the civil remedies provided herein. (b) In such a case, the Wage Commission may, pursuant to the procedures provided in Subtitle 4 hereof, order appropriate restitution or the reinstatement of such employee with backpay to the date of violation. *History: Ord. 67-1219* *History: Ord. 70-798* *History: Ord. 78-778* *History: Ord. 90-601* ##### § 5-2 By employer - violation of rule or regulation. Balt., Md., Code art. 11, § 5-2 (2026) It shall be unlawful, and a violation of this Division I, for any employer to violate the rules and regulations of the Commission. *History: Ord. 90-601* ##### §§ 5-3 to 5-5 Balt., Md., Code art. 11, § 5-3 to 5-5 (2026) Reserved ##### § 5-6 By employees. Balt., Md., Code art. 11, § 5-6 (2026) It shall be unlawful, and a violation of this Division I, for any employee to: (1) make any groundless, unfounded, or malicious complaint to the Commission; or (2) in bad faith, institute or testify in any proceeding before the Commission under the provisions hereof. *History: Ord. 90-601* #### Subtitle 6 – Penalties and Fines ##### § 6-1 Interest on unpaid wages. Balt., Md., Code art. 11, § 6-1 (2026) (a) Any employer who commits a violation of any of the provisions of this Division I shall be liable to the employee or employees affected: (1) in the amount of their unpaid minimum wages, wages due, or overtime compensation, as the case may be; and (2) an additional amount of 10% per annum interest on unpaid minimum wages, wages due, or overtime compensation. (b) Such interest shall be calculated from the date of the violation resulting in the unpaid minimum wage, unpaid wages due, or unpaid overtime compensation until the date said monies are actually paid to the aggrieved employee. *History: Ord. 90-601* ##### § 6-2 Fines. Balt., Md., Code art. 11, § 6-2 (2026) Any employer or employee who violates this Division I shall forfeit and pay to the City of Baltimore a penalty as follows: (1) for a 1st offense, $250 for each violation; (2) for a 2nd offense, $500 for each violation; and (3) for each subsequent offense, $1,000 for each violation. *History: Ord. 64-370* *History: Ord. 90-601* *History: Ord. 08-084* ##### § 6-3 Actions by employee. Balt., Md., Code art. 11, § 6-3 (2026) (a) Nothing contained in this Division I shall be in any way construed to limit or abridge any rights possessed by any employee at common law, by statute, or by ordinance to bring a civil action to redress underpayments of wages. (b) (1) Any employee who is aggrieved by underpayment or other violations of this Division I shall be entitled to bring such an action, and to recover therein such costs and reasonable counsel fees as the Court may allow. (2) Any agreement between such employee and his employer to work for less than the minimum wage prescribed therein is invalid and shall be no defense to such action. (3) Proceedings before the Wage Commission shall not be considered a precondition to such civil action. *History: Ord. 64-370* *History: Ord. 70-798* *History: Ord. 78-778* *History: Ord. 90-601* #### Subtitles 7 to 10 ### Division II – Miscellaneous Regulations #### Subtitle 11 – Lie Detector Tests ##### § 11-1 “Employer” defined. Balt., Md., Code art. 11, § 11-1 (2026) The term “employer” as used in this subtitle means every employer engaged in any business or enterprise in this City, other than the government of the State of Maryland, or of the Mayor and City Council of Baltimore. *History: Ord. 65-555* ##### § 11-2 Prohibited conduct. Balt., Md., Code art. 11, § 11-2 (2026) (a) No employer shall demand or require any applicant for employment or prospective employment or any employee to submit to take a polygraph, lie detector, or similar test or examination as a condition of employment or continued employment. (b) The prohibition of this section does not apply to the federal government or local subdivision thereof, including the Mayor and City Council of Baltimore. *History: Ord. 65-555* ##### § 11-3 Penalties. Balt., Md., Code art. 11, § 11-3 (2026) Any employer who violates the provisions of this subtitle shall be guilty of a misdemeanor and subject to a fine not to exceed $500. *History: Ord. 65-555* #### Subtitle 12 – Temporary Help Businesses ##### § 12-1 Construction of subtitle. Balt., Md., Code art. 11, § 12-1 (2026) This subtitle shall not in any way be interpreted to interfere with the rights of an employer as guaranteed by the National Labor Relations Act as amended. *History: Ord. 72-216* ##### § 12-2 Supplying labor during work stoppage or strike. Balt., Md., Code art. 11, § 12-2 (2026) (a) It shall be unlawful for any person, partnership, agency, firm, or corporation, or officer or agent thereof, conducting a temporary help business which consists of directly employing individuals for the purpose of furnishing temporary full-time or part-time help to others, to knowingly supply persons to perform labor in place of an employee involved in an authorized strike or work stoppage after the inception of said strike or work stoppage. (b) Provided, however, this prohibition shall not apply to supplying security or maintenance personnel necessary for the protection and preservation of life, health, and property. *History: Ord. 72-216* ##### § 12-3 Penalties. Balt., Md., Code art. 11, § 12-3 (2026) Any person, firm, or corporation violating this subtitle shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $500 or by imprisonment for a term of not more than 12 months, or both, at the discretion of the court. *History: Ord. 72-216* #### Subtitle 13 – Labor Peace Agreements for Hotel Projects ##### § 13-1 Definitions. Balt., Md., Code art. 11, § 13-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Contract” includes, but is not limited to, a lease, management agreement, service agreement, loan, bond, guarantee, or other similar agreement to which the City is a party. (c) (1) “Employer” means any person who employs individuals at the site of a hotel development project. (2) “Employer” does not include any person: (i) who employs fewer than the equivalent of 15 full-time or part-time employees at a hotel development project; (ii) who has entered into 1 or more agreements with 1 or more labor organizations regarding the employees at the hotel development project who are, or are likely to be, the subject of union organizing, if the City determines that the agreement provides protection from the risks of labor-management conflict that is at least equal to the protection provided by the minimum terms of a labor peace agreement; or (iii) whose ongoing economic performance and potential for labor-management conflict at the site will not, in the City’s determination, substantially affect the City’s proprietary interest in the hotel development project. (d) “Labor organization” means an organization, agency, or employee- representation committee or plan: (1) in which employees participate; and (2) that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (e) *History: Ord. 07-578* *History: Ord. 22-125* ##### § 13-2 Findings and declarations. Balt., Md., Code art. 11, § 13-2 (2026) (a) In the course of managing real property that it owns or otherwise in carrying out its functions in the public interest, the City participates in developments, as a property owner, lessor, proprietor, lender, or guarantor, facing similar risks and liabilities as those faced by other business entities that participate in these ventures. (b) In these situations, the City: (i) has an ongoing proprietary interest in the developments and a direct interest in their financial performance; and (ii) must make prudent management decisions, similar to any private business entity, to ensure efficient management of its business concerns and to maximize benefits and minimize risks. (c) (1) One risk is the possibility of labor-management conflict. (2) A major potential outcome of labor-management conflict is economic action by labor organizations against employers. Experience of municipal and other investors demonstrates, for example, that organizing drives under formal and adversarial union certification processes often deteriorate into protracted and acrimonious labor-management conflict. (3) Labor-management conflict can: (i) result in construction delays, work stoppages, picketing, strikes, consumer boycotts, and other forms of adverse economic pressure; and (ii) adversely affect the City’s financial or other proprietary business interest by causing delay in the completion of a project, by reducing the revenues or increasing the costs of the project, and by generating negative publicity. (d) (1) These risks are heightened in the hotel industry, because this industry is so closely related to tourism, which is a linchpin of the City’s economy. (2) Labor-management conflict in hotel development projects in which the City is an economic participant can jeopardize the operation of related tourist and commercial facilities, as well as the City’s national reputation as a tourist and convention destination. (e) One way of reducing the risk to the City’s proprietary interests is to require, as a condition of the City’s investment or other economic participation in a hotel development project, that employers participating in the project seek agreements with labor organizations in which the labor organizations agree to forbear from adverse economic action against the employers’ operations. *History: Ord. 07-578* ##### § 13-3 Scope of subtitle. Balt., Md., Code art. 11, § 13-3 (2026) This subtitle does not apply to: (1) a hotel development project for which the City determines that the risk to the City’s financial or other nonregulatory interest resulting from labor-management conflict is so minimal or speculative as not to warrant concern for the City’s investment or other nonregulatory interest; or (2) a hotel development project for which the City determines that its proprietary interest is less than $100,000. *History: Ord. 07-578* ##### § 13-4 Construction of subtitle. Balt., Md., Code art. 11, § 13-4 (2026) (a) Nothing in this subtitle requires an employer to recognize a particular labor organization. (b) Nothing in this subtitle requires an employer to enter into a collective bargaining agreement establishing the substantive terms and conditions of employment. (c) This subtitle is not intended, and may not be interpreted, to express any generally applicable policy regarding labor-management relations or to regulate those relations in any way. (d) This subtitle is not intended to favor any particular outcome in determining employee preference regarding union representation. *History: Ord. 07-578* ##### § 13-5 Balt., Md., Code art. 11, § 13-5 (2026) Reserved ##### § 13-6 Determining need for agreement. Balt., Md., Code art. 11, § 13-6 (2026) (a) For each hotel development project in which the City participates or has a financial interest, the City shall determine whether the City has a proprietary interest in the project. (b) The City is deemed to have a proprietary interest in a hotel development project if the City determines that: (1) through a lease of real property that is owned by the City and used for the project, the City receives ongoing revenue, excluding government fees, tax revenue, assessment revenue, or similar fees and revenues, except for tax revenue under the circumstances specified in items (2) and (3) of this subsection; (2) ongoing revenues from the project, including incremental tax revenues generated by the project, are used to repay loans provided by the City to assist the development of the project; (3) ongoing revenues from the project, including incremental tax revenues generated by the project, are used to pay debt service on bonds provided by the City to assist the development of the project; (4) the City has significant assets at risk because it has agreed to underwrite or guarantee the development of the project or loans related to the project; or (5) the City has a significant ongoing economic and nonregulatory interest that is at risk in the project’s financial success and is likely to be adversely affected by labor-management conflict, except that no interest is considered “economic and nonregulatory” if it arises from the exercise of regulatory or police powers, such as taxation (except as set forth in items (2) and (3) of this subsection), zoning, or the issuance of permits or licenses. *History: Ord. 07-578* ##### § 13-7 Agreement required. Balt., Md., Code art. 11, § 13-7 (2026) (a) In this section, “economic participation” means a lease, loan, financing, underwriting, guarantee, or other financial benefit described in § 13-6(b) of this subtitle. (b) If the City determines that it has a proprietary interest in a hotel development project, then it shall require, as a condition of the City’s economic participation, that each employer on the project enter into 1 or more labor peace agreements with 1 or more labor organizations that represent, or seek to represent, workers on the project. (c) Any contract between the City and the beneficiary of the City’s economic participation in a project may include provisions governing default, damages, or recision that the City considers appropriate to assure that the requirements of this section are fully satisfied. *History: Ord. 07-578* ##### § 13-8 Tenor and contents of agreement. Balt., Md., Code art. 11, § 13-8 (2026) (a) The labor peace agreement shall be a written agreement enforceable between the employer and the labor organization under § 301(a) of the Labor Management Relations Act of 1947, 29 U.S.C. § 185(a). (b) The labor peace agreement shall contain, at a minimum, a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with any of the employer’s operations in which the City has a proprietary interest, for the duration of that interest. *History: Ord. 07-578* ##### § 13-9 Violation of agreement by union. Balt., Md., Code art. 11, § 13-9 (2026) An employer that performs its obligations under a labor peace agreement is relieved of further obligation under the agreement if the labor organization engages in adverse economic action such as striking, picketing, or boycotting the employer. *History: Ord. 07-578* ##### §§ 13-10 to 13-15 Balt., Md., Code art. 11, § 13-10 to 13-15 (2026) Reserved ##### § 13-16 Notice of subtitle. Balt., Md., Code art. 11, § 13-16 (2026) (a) A request for proposals, invitation to bid, or similar document issued by the City regarding a hotel development project must include a reference to and summary of this subtitle. (b) Failure to include a reference or summary in a document does not exempt an employer otherwise subject to the requirements of this subtitle. *History: Ord. 07-578* #### Subtitle 14 – Mandatory Bicycle Parking ##### § 14-1 Definitions. Balt., Md., Code art. 11, § 14-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Bicycle” has the meaning stated in § 11-104 {“Bicycle”} of the State Transportation Article. (c) “Bicycle parking space” means a designated area, whether open or enclosed, that is used for the off-street parking of a bicycle. (d) “Employer” means any person who employs 10 or more full-time or part-time employees in the City of Baltimore. (e) *History: Ord. 10-383* *History: Ord. 22-125* ##### § 14-2 Rules and regulations. Balt., Md., Code art. 11, § 14-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation may adopt rules and regulations to implement this subtitle. *History: Ord. 10-383* *History: Text Conformed 02/18/21* ##### §§ 14-3 to 14-5 Balt., Md., Code art. 11, § 14-3 to 14-5 (2026) Reserved ##### § 14-6 Required bicycle parking. Balt., Md., Code art. 11, § 14-6 (2026) (a) Bicycle parking spaces required by this subtitle are in addition to any parking spaces otherwise required by Title 16 {“Off-Street Parking and Loading”} of the Baltimore City Zoning Code. (b) Every employer must provide its employees with the number of long-term and short-term parking spaces required by Baltimore City Zoning Code § 16-705 {“Required number of bicycle spaces”“}. (c) When the application of this section results in a requirement for a fractional bicycle parking space: (1) any fraction less than ½ may be disregarded; and (2) any fraction of ½ or more counts as 1 bicycle parking space. *History: Ord. 10-383* *History: Ord. 15-581* ##### § 14-7 Specifications. Balt., Md., Code art. 11, § 14-7 (2026) (a) (1) Each bicycle parking space must be: (i) for an outdoor space, at least 4 feet by 6 feet; and (ii) for an enclosed space, at least 15 square feet of open floor area. (2) Each bicycle parking space must be equipped with a bicycle rack or locker that can accommodate up to 2 bicycles per rack or locker. (b) Each bicycle parking space must be: (1) provided in a safe and secure location that is accessible to all employees; (2) located on the premises of the employer’s place of business; and (3) clearly labeled as reserved for bicycle parking by employees. *History: Ord. 10-383* ##### §§ 14-8 to 14-10 Balt., Md., Code art. 11, § 14-8 to 14-10 (2026) Reserved ##### § 14-11 Penalties. Balt., Md., Code art. 11, § 14-11 (2026) Any employer who violates a provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500. *History: Ord. 10-383* #### Subtitle 15 – Fair Criminal-Record Screening Practices ##### Part 1 – Definitions; General Provisions ###### § 15-1 Definitions. Balt., Md., Code art. 11, § 15-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Applicant” means any individual who is being considered or who requests to be considered for employment in the City of Baltimore by a covered employer. (c) (1) “Conviction” means any sentence arising from a verdict or plea of guilty or nolo contendere. (2) “Conviction” includes: (i) a sentence of incarceration or fine; and (ii) a suspended sentence. (d) “Covered employer” or “employer” means any person that employs 10 or more full-time equivalent employees in the City of Baltimore. (e) (1) “Employment” means: (i) any work for pay; and (ii) any form of vocational or educational training, with or without pay. (2) “Employment” includes: (i) contractual, temporary, seasonal, or contingent work; and (ii) work through the services of a temporary or other employment agency. (f) (g) “Inquiry” means any direct or indirect conduct intended to gather information, using any mode of communication. (h) *History: Ord. 14-221* *History: Ord. 22-125* ###### § 15-2 Findings; Intent and purpose. Balt., Md., Code art. 11, § 15-2 (2026) (a) The Mayor and City Council of Baltimore finds that: (1) individuals with criminal records suffer from pervasive discrimination in many fundamental areas of life, including employment, housing, education, and eligibility for many forms of social benefits; (2) nationwide, the percentage of people of color who have criminal records exceeds the percentage of their representation in the population as a whole, which disproportionately impacts their lives, families, and communities; (3) many individuals with criminal records are job seekers who are ready and able to become part of and to contribute to the work force; (4) lack of employment is a significant cause of recidivism, while individuals who are employed are significantly less likely to again engage in criminal activities; (5) artificial barriers to employment for people with criminal records are creating permanent members of an underclass that threatens the health of the community and undermines public safety; (6) the City of Baltimore, in its own employment practices, has implemented a system of screening for individuals with criminal records that is fair to all concerned; and (7) the City has a responsibility to ensure that private employers in the City similarly maintain fair policies for the screening and identification of individuals with criminal records. (b) It is the intent and purpose of this subtitle: (1) to assist the successful reintegration back into the community of individuals with criminal records, by removing artificial barriers to gainful employment; (2) to enhance the health and security of the community by assisting individuals with criminal records to lawfully provide for their families and themselves; and (3) to ensure that just and fair measures are implemented and practiced when pre-screening individuals to identify those who might or might not have criminal records. *History: Ord. 14-221* ###### § 15-3 Interpretation. Balt., Md., Code art. 11, § 15-3 (2026) (a) (1) This subtitle shall be construed to promote a policy that gives an individual who has a criminal record, but otherwise meets all criteria for consideration for employment, an opportunity to be judged on his or her own merit when initially applying for employment. (2) This subtitle, however, may not be construed to require any employer to hire someone with a criminal record nor to limit an employer’s ability to choose the most qualified and appropriate applicant for the employment opportunity at hand. (b) Nothing in this subtitle may be construed to modify or waive the requirements and limitations of any Federal or State law on access to or the use of criminal records. (c) *History: Ord. 14-221* *History: Ord. 22-125* ###### §§ 15-4 to 15-5 Balt., Md., Code art. 11, § 15-4 to 15-5 (2026) Reserved ##### Part 2 – Prohibited Conduct ###### § 15-6 Preliminary inquiries into criminal record. Balt., Md., Code art. 11, § 15-6 (2026) (a) In this section, “conditional offer” means an offer that is conditioned solely on: (1) the results of the employer’s subsequent inquiring into or gathering information about the applicant’s criminal record; or (2) some other contingency expressly communicated to the applicant at the time of the offer. (b) In connection with the proposed employment of any applicant, a covered employer may not, at any time before a conditional offer of employment has been extended: (1) require the applicant to disclose or reveal whether he or she has a criminal record or otherwise has had criminal accusations brought against her or him; (2) conduct a criminal-record check on the applicant; or (3) otherwise make any inquiry of the applicant or others about whether the applicant has a criminal record or otherwise has had criminal accusations brought against her or him. *History: Ord. 14-221* ###### § 15-7 Exceptions. Balt., Md., Code art. 11, § 15-7 (2026) (a) This Part 2 does not apply to any inquiry or other action that is required or expressly authorized by an applicable Federal, State, or City law or regulation. (b) (1) In this subsection, “vulnerable adult” means an adult who lacks the physical or mental capacity to provide for his or her own daily needs. (2) This Part 2 does not apply to any facility or employer that provides programs, services, or direct care to minors or to vulnerable adults. *History: Ord. 14-221* ###### §§ 15-8 to 15-10 Balt., Md., Code art. 11, § 15-8 to 15-10 (2026) Reserved ##### Part 3 – Administrative Enforcement; Penalties ###### § 15-11 Complaint to Community Relations Commission. Balt., Md., Code art. 11, § 15-11 (2026) (a) (1) Any person aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission. (2) The complaint shall be filed, investigated, and heard in the same manner as that provided in City Code Article 4 {“Community Relations”}, Subtitle 4 {“Enforcement”}, for alleged violations of that article’s unlawful discriminatory employment practices. (b) In its decision and order, the Commission may award the aggrieved person: (1) back pay for lost wages caused by the violation of this subtitle; (2) reinstatement; (3) compensatory damages, which may include: (i) compensation for humiliation, embarrassment, and emotional distress; and (ii) expenses incurred in seeking other employment; and (4) reasonable attorney’s fees. *History: Ord. 14-221* ###### § 15-12 Judicial and appellate review. Balt., Md., Code art. 11, § 15-12 (2026) (a) A party aggrieved by a final decision of the Community Relations Commission under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 14-221* *History: Ord. 19-332* ###### § 15-13 Retaliation or discrimination prohibited. Balt., Md., Code art. 11, § 15-13 (2026) A covered employer may not take or refuse to take a personnel action or otherwise retaliate or discriminate against any person as a reprisal for the person’s having claimed a violation of this subtitle. *History: Ord. 14-221* ###### §§ 15-14 to 15-15 Balt., Md., Code art. 11, § 15-14 to 15-15 (2026) Reserved ###### § 15-16 Criminal penalties. Balt., Md., Code art. 11, § 15-16 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. *History: Ord. 14-221* #### Subtitle 16 – Lactation Accommodations in the Workplace ##### Part 1 – Definitions; General Provisions ###### § 16-1 Definitions. Balt., Md., Code art. 11, § 16-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Community Relations Commission” or “Commission” means the Baltimore Community Relations Commission established by City Code Article 4 {“Community Relations”}, Subtitle 2 {“Community Relations Commission”}. (c) (1) “Employee” means, except as otherwise provided in this subsection, any individual who works in Baltimore City for an employer. (2) “Employee” does not include: (i) an individual engaged in the activities of an educational, charitable, religious, or other nonprofit organization where the services rendered to that organization are on a voluntary basis or in return for charitable aid conferred on the individual; (ii) an individual who is employed by his or her parent, spouse, or child; or (iii) an individual who is employed as a domestic within a private residence. (d) (1) “Employer” means, except as otherwise provided in this subsection, any person who employs 2 or more full-time equivalent employees working in the City of Baltimore. (2) “Employer” does not include the federal government, the State government, or any instrumentality or unit of either. (e) “Lactation accommodation” means both lactation break and lactation location. (f) “Lactation break” means the break time that an employer is required by this subtitle to provide an employee for purposes of expressing breast milk. (g) “Lactation location” means the space, room, or location that an employer is required by this subtitle to provide an employee for purposes of expressing breast milk. (h) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 16-30 {“Criminal penalties”} of this subtitle, any department, board, commission, council, authority, committee, office, or other unit of City government. *History: Ord. 18-213* *History: Ord. 22-125* ###### § 16-2 Balt., Md., Code art. 11, § 16-2 (2026) Reserved ###### § 16-3 Balt., Md., Code art. 11, § 16-3 (2026) Reserved ###### § 16-4 Rules and regulations. Balt., Md., Code art. 11, § 16-4 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Community Relations Commission must adopt rules and regulations to carry out this subtitle. *History: Ord. 18-213* *History: Text Conformed 02/18/21* ###### §§ 16-5 to 16-9 Balt., Md., Code art. 11, § 16-5 to 16-9 (2026) Reserved ##### Part 2 – Required Accommodations ###### § 16-10 Lactation breaks. Balt., Md., Code art. 11, § 16-10 (2026) (a) An employer must provide a reasonable amount of break time to accommodate an employee who desires to express breast milk. (b) (1) If possible, the break time required by this section must run concurrently with any paid rest or break time already required by law or otherwise authorized for the employee. (2) Break time required by this section that does not run concurrently with paid rest or break time required by law or otherwise authorized for the employee may be unpaid. *History: Ord. 18-213* ###### § 16-11 Lactation location – In general. Balt., Md., Code art. 11, § 16-11 (2026) (a) In this section, “close proximity to the employee’s work area” means no more than 500 feet and two adjacent floors from the furthest employee work area being served. (b) (1) An employer must provide a lactation location, other than a bathroom or a closet, that: (i) is in close proximity to the employee’s work area; and (ii) shields its occupants from view and from intrusion by coworkers or others. (2) The lactation location may include the place where the employee normally works if it otherwise meets the requirements of this Part 2. (c) The lactation location must: (1) be safe, clean, and free of toxic or hazardous materials; (2) limit access to it by a door that can be locked from the inside; and (3) contain: (i) a surface (e.g., a table or shelf) on which to place a breast pump and other personal items; (ii) a place to sit; (iii) at least one electrical outlet; and (iv) unless elsewhere provided by the employer in close proximity to the employee’s work area: (A) a sink with running hot and cold water; and (B) a refrigerator in which the employee can store breast milk. *History: Ord. 18-213* ###### § 16-12 Lactation location – Multi-purpose locations. Balt., Md., Code art. 11, § 16-12 (2026) An employer may provide a lactation location that is also used for other purposes, but only as long as: (1) throughout the period of any employee’s need to express milk, the primary function of the location is its use as a lactation location; (2) during that period, the location’s use for lactation takes precedence over all other functions and uses; and (3) the employer provides notice to all employees who might otherwise need to use that location for other purposes, that: (i) the location’s primary function is its use as a “Lactation Location”; and (ii) this primary function takes precedence over all other functions and uses. *History: Ord. 18-213* ###### § 16-13 Lactation location – Multi-tenant building. Balt., Md., Code art. 11, § 16-13 (2026) If an employer’s workspace is inadequate to satisfy the requirements of this Part 2 and other employers are located in the same building, the employer may fulfill the requirements of this Part 2 by providing a lactation location that: (1) is shared by 2 or more employers in the building; (2) complies with § 16-11 {“Lactation location – In general”} and § 16-12 {“Lactation location – Multi-purpose locations”} of this Part 2; and (3) is sufficient to accommodate the number of employees who might desire to use it at any given time. *History: Ord. 18-213* ###### § 16-14 Waiver or variance for undue hardship. Balt., Md., Code art. 11, § 16-14 (2026) (a) In accordance with the rules and regulations adopted under § 16-4 {“Rules and regulations”} of this subtitle, an employer may apply to the Community Relations Commission for a waiver or variance of any requirement of this Part 2 that the employer can demonstrate would impose an undue hardship by causing significant expense or operational difficulty when considered in relation to the size, financial resources, nature, or structure of the employer’s business. (b) (1) An employer may apply to the Community Relations Commission to designate a space within a room as a temporary lactation location, in place of a permanent lactation location, or a room that is a multipurpose lactation location if an employer can demonstrate that a permanent lactation location or a room that is a multipurpose lactation location would impose an undue hardship by causing significant expense or operational difficulty for the employer. A temporary lactation location could be created using screening or curtains. (2) The means by which the temporary lactation location is created (e.g., the curtain), and the items contained therein (e.g., the chair, table or shelf, etc.) should not be modified during the duration of an employee’s need to express milk. While an employee expresses milk, the lactation location should be free from intrusion by other persons by means of a latch or other closure mechanism. The temporary lactation space should have signage visible to other employees designating the area as a lactation location for the duration of an employee’s need to express milk. The employer should provide notice to employees of the existence and purpose of the temporary lactation location and that it should not be disturbed. (c) The Commission’s rules and regulations must include: (1) the criteria for establishing an undue hardship as described in subsection (a) of this section; (2) the procedures, forms, and documentation required to apply for the waiver or variance; and (3) the procedures for the Commission’s hearing on and consideration of the application. *History: Ord. 18-213* ###### §§ 16-15 to 16-19 Balt., Md., Code art. 11, § 16-15 to 16-19 (2026) Reserved ##### Part 3 – Employer Policy and Process; Records ###### § 16-20 Employer policy and process. Balt., Md., Code art. 11, § 16-20 (2026) (a) Each employer subject to this subtitle must develop and implement a written lactation accommodation policy. (b) The written policy must: (1) contain a statement that employees have a legal right to request a lactation accommodation; (2) include the employer’s process for requesting a lactation accommodation, which process must, at a minimum: (i) specify the means by which an employee must submit the request to the employer; (ii) require the employer to respond to the request within 5 business days; and (iii) require the employer and employee to engage in an interactive process to determine lactation break periods and a lactation location appropriate for the employee; (3) state that, whenever the employer does not provide lactation breaks or a lactation location, or provides a lactation location that does not fully comply with Part 2 of this subtitle, or asserts any waiver or variance granted under § 16-14 {“Waiver or variance for undue hardship”} of this subtitle, the employer will be required to describe, in a written response to the request, the specific bases on which the employer has done so; (4) state that any employee aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission; and (5) state that retaliation against an employee for exercising the rights conferred by this subtitle is prohibited. (c) The employer must retain, in accordance with § 16-21 {“Employer records”} of this subtitle, a copy of all written responses made under the policy required by subsection (b)(3) of this section. (d) (1) The employer must distribute a copy of the employer’s lactation accommodation policy to all employees: (i) upon their hiring; and (ii) again, within 10 calendar days of any modification to the policy. (2) The employer must also offer a copy of the lactation accommodation policy to any employee who requests or inquires about pregnancy or parental leave. (3) If the employer has an employee handbook or set of policies that is available to employees, the lactation accommodation policy must be included in that handbook or set of policies. *History: Ord. 18-213* ###### § 16-21 Employer records. Balt., Md., Code art. 11, § 16-21 (2026) (a) Each employer subject to this subtitle must maintain a record of all requests for a lactation accommodation received by the employer. (b) The record must include the following documentation: (1) the name of the employee; (2) the date of the initial request and of any update to the initial request; (3) a copy of all written or digital correspondence by or on behalf of the employee and employer; and (4) a description of how the employer resolved the request. (c) The employer must: (1) retain the record and documentation required by this section for a period of 3 years from the date of the request for lactation accommodation; and (2) allow the Community Relations Commission access to that record, subject to reasonable notice, to monitor compliance with the requirements of this subtitle. (d) In any matter involving an alleged violation of this subtitle, if the employer has failed to maintain or retain the record and documentation required by this section, or does not allow the Commission reasonable access to them, it will be presumed that the employer has violated this subtitle, absent clear and convincing evidence otherwise. *History: Ord. 18-213* ###### §§ 16-22 to 16-24 Balt., Md., Code art. 11, § 16-22 to 16-24 (2026) Reserved ##### Part 4 – Administrative Enforcement ###### § 16-25 Complaint to Community Relations Commission. Balt., Md., Code art. 11, § 16-25 (2026) (a) Any person aggrieved by an alleged violation of this subtitle may file a complaint with the Baltimore Community Relations Commission. (b) The complaint shall be filed, investigated, and heard in the same manner as that provided in City Code Article 4 {“Community Relations”}, Subtitle 4 {“Enforcement”}, for alleged violations of that article’s unlawful discriminatory employment practices. *History: Ord. 18-213* ###### § 16-26 Judicial and appellate review. Balt., Md., Code art. 11, § 16-26 (2026) (a) A party aggrieved by a final decision of the Community Relations Commission under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 18-213* *History: Ord. 19-332* ###### § 16-27 Balt., Md., Code art. 11, § 16-27 (2026) Reserved ##### Part 5 – Prohibited Conduct; Criminal Penalties ###### § 16-28 Retaliation or discrimination prohibited. Balt., Md., Code art. 11, § 16-28 (2026) No employer or other person may take or refuse to take a personnel action or otherwise retaliate or discriminate against any person as a reprisal for that person’s having alleged a violation of this subtitle or otherwise having exercised a right granted by this subtitle. *History: Ord. 18-213* ###### § 16-29 Balt., Md., Code art. 11, § 16-29 (2026) Reserved ###### § 16-30 Criminal penalties. Balt., Md., Code art. 11, § 16-30 (2026) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 18-213* #### Subtitle 17 – Retaliation for Human Trafficking Reports ##### § 17-1 Definitions. Balt., Md., Code art. 11, § 17-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Covered employer” means any person that employs 5 or more full-time equivalent employees in the City of Baltimore. (c) “Human trafficking” means: (1) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform a commercial sex act has not attained 18 years of age; or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (d) *History: Ord. 15-359* *History: Ord. 16-503* *History: Ord. 22-125* ##### § 17-2 Balt., Md., Code art. 11, § 17-2 (2026) Reserved ##### § 17-3 Retaliation or discrimination prohibited. Balt., Md., Code art. 11, § 17-3 (2026) A covered employer may not take or refuse to take a personnel action or otherwise retaliate or discriminate against any person as a reprisal for the person’s having made a good-faith report of a suspected act of human trafficking to that person’s employer or any appropriate agency. *History: Ord. 15-359* ##### §§ 17-4 to 17-5 Balt., Md., Code art. 11, § 17-4 to 17-5 (2026) Reserved ##### § 17-6 Criminal penalties. Balt., Md., Code art. 11, § 17-6 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. *History: Ord. 15-359* #### Subtitle 18 – Displaced Service Workers Protection ##### § 18-1 Definitions. Balt., Md., Code art. 11, § 18-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Affected employee” means a service employee performing work for an entity that is being, or has been, terminated as a service provider and is being replaced with a successor entity performing similar services at the same site. (c) (1) “Awarding authority” means any person that awards or enters into a service contract or subcontract with a contractor to be performed in the City. (2) “Awarding authority” includes the City of Baltimore and any governmental unit, agency, or other entity as to which the City has the power to legislate. (d) “Contractor” means any person, including a subcontractor, that: (1) enters into a service contract to perform work in the City; and (2) employs more than 20 employees. (e) “Commission” means the Wage Commission established by § 2-1 {“Commission established”} of this article, or the Commission’s designee. (f) (g) “Service contract” means a contract between an awarding authority and a contractor to provide security, janitorial, building maintenance, or food preparation in a facility located in the City that is used as a: (1) private elementary or secondary school; (2) public or private college or university; (3) convention, sports, or entertainment institution, such as a museum, casino, convention center, arena, stadium, or music hall; (4) multi-family residential building or complex with more than 30 units; (5) commercial building or office building occupying more than 50,000 square feet; (6) industrial facility, such as a pharmaceutical laboratory, research and development facility, or product fabrication facility; or (7) distribution center. (h) (1) “Service employee” means an individual employed on a full- or part-time basis as a: (i) building service employee, including a janitor, security officer, groundskeeper, concierge, door staffer, maintenance technician, handyman, superintendent, elevator operator, window cleaner, or building engineer; or (ii) food service worker, including a cafeteria attendant, line attendant, cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, or merchandise vendor. (2) “Service employee” does not include: (i) a managerial or confidential employee; or (ii) an employee who works in an executive, administrative, or professional capacity. (i) “Successor entity” means an entity that: (1) is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided to the awarding authority at any time during the previous 90 days; (2) has purchased or acquired control of a property located in the City where service employees were employed at any time during the previous 90 days; or (3) terminates a service contract and, within 90 days of the termination, hires service employees as its direct employees to perform services that are substantially similar to those provided under the terminated service contract. *History: Ord. 17-028* *History: Ord. 22-125* ##### § 18-2 Rules and regulations. Balt., Md., Code art. 11, § 18-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commission may adopt rules and regulations to implement this subtitle. *History: Ord. 17-028* *History: Text Conformed 02/18/21* ##### § 18-3 Transition employment period. Balt., Md., Code art. 11, § 18-3 (2026) (a) At least 15 days before a service contract is terminated, an awarding authority must: (1) request that the terminated contractor provide the awarding authority a complete list of the name, date of hire, and job classification of each affected employee; (2) give the successor entity a complete list of the name, date of hire, and job classification of each affected employee; and (3) except in the case of a service contract at a facility used as a public university, ensure that a written notice to all affected employees describing the pending termination of the service contract and the employee rights provided by this subtitle is conspicuously posted at any affected work site. (b) (1) Subject to paragraph (3) of this subsection, the successor entity must offer to retain, and, if the offer is accepted, actually retain, each affected employee at an affected site for 90 days or until the successor entity no longer provides services at the covered location, whichever is earlier. (2) No less than 10 days before it commences work at an affected site, the successor entity must give each affected employee a written offer of employment for the 90-day transition period and send a copy to the employee’s collective bargaining representative, if any. Each offer must: (i) allow the employee at least 10 days after receiving the notice to accept the offer; and (ii) state the date by which the affected employee must accept the offer. (3) A successor entity may retain less than all of the affected employees during the 90-day transition period if the successor entity: (i) finds that fewer service employees are required to perform the work than the terminated contractor had employed; (ii) retains service employees by seniority within each job classification; (iii) maintains a preferential hiring list of those employees not retained; and (iv) hires any additional service employees from the list, in order of seniority, until all affected service employees have been offered employment. (4) At the end of the 90-day transition employment period, the successor entity must perform a written performance evaluation for each employee retained pursuant to this section. If the employee’s performance during the 90-day transition employment period is satisfactory, the successor entity must offer the employee continued employment under the terms and conditions established by the successor entity. (5) During the 90-day transition period, the successor entity may not discharge a service employee retained under this section without just cause. *History: Ord. 17-028* ##### § 18-4 Balt., Md., Code art. 11, § 18-4 (2026) Reserved ##### § 18-5 Subtitle not bar to contract termination. Balt., Md., Code art. 11, § 18-5 (2026) This subtitle does not limit the ability of an awarding authority to terminate a service contract or replace a contractor with another contractor. *History: Ord. 17-028* ##### § 18-6 Retaliation against employees prohibited. Balt., Md., Code art. 11, § 18-6 (2026) (a) An employer may not discharge or reduce the compensation of any employee for: (1) making a complaint to the Commission alleging a violation of this subtitle; or (2) participating in any of the Commission’s proceedings concerning an alleged violation of this subtitle. (b) If the Commission finds that an employer has violated subsection (a) of this section it may, pursuant to the procedures provided in § 18-7 {“Enforcement procedures”}, order appropriate restitution or the reinstatement of the employee with backpay to the date of the violation. *History: Ord. 17-028* ##### § 18-7 Enforcement procedures. Balt., Md., Code art. 11, § 18-7 (2026) (a) Any person subjected to a practice in violation of this subtitle, or any group or person seeking to enforce this subtitle, may file a written complaint with the Commission. (b) A complaint filed under this section must: (1) be filed within 1 year of the alleged violation; (2) be filed under oath; and (3) include: (i) the particulars of the alleged violation; (ii) the name and address of the person alleged to have committed the violation; and (iii) any other information required by the Commission. (c) The Commission may, acting on its own initiative and without any complaint from an employee, file a complaint against an employer whenever the Commission has reasonable cause to believe that the employer is or has been in violation of this subtitle. (d) After the filing of a complaint, either by a person claiming to be aggrieved as set forth above or by the Commission, the Commission must: (1) investigate the facts alleged in the complaint; and (2) make a finding of probable cause or lack of probable cause for the complaint. (e) (1) In enforcing this subtitle, the Commission may: (i) issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, or otherwise necessary for hearings, investigations, or proceedings; and (ii) administer oaths, subject to the penalties for perjury, to all witnesses. (2) Any subpoena issued under this subsection shall be served by: (i) the Sheriff of Baltimore City or any of the Sheriff’s deputies; or (ii) any other person authorized by the Maryland Rules of Procedure to effectuate in personam service. (f) (1) In case of disobedience to a subpoena, the Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. (2) The court, in case of contumacy or refusal to obey any subpoena issued under this section, after notice to the person subpoenaed, and upon finding that the attendance or testimony of the witnesses or the production of the books, papers, records, and documents, as the case may be, is relevant or necessary for a hearing, investigation, or proceeding of the Commission, may issue an order requiring the attendance and testimony of the sought witnesses and the production of the sought books, papers, records, and documents, or any of them. (3) Any failure to obey such order of the court may be punished by the court as contempt thereof. (g) If the Commission finds that the complaint lacks probable cause, then it must dismiss the complaint and mail copies of its finding to the respondent and complainant. (h) (1) If the Commission finds probable cause for the complaint, the Commission must attempt, by means of conference, to: (i) persuade the respondent to cease and desist its illegal action; (ii) reinstate any affected employees to their former positions under the conditions required by §18-3(b) {“Transition employment period: Successor entity responsibilities”} of this subtitle; and (iii) pay any affected employees all wages and other compensation owed for the period of time that they were unlawfully terminated, as provided in §18-8 {“Penalties and fines”} of this subtitle. (2) Any agreement reached between the respondent and the Commission must be reduced to writing and a copy of the agreement must be furnished to the complainant and the respondent. (i) (1) The Commission may issue a final order on its own motion if: (i) the Commission and the respondent fail to reach an agreement within 30 days of the date set for the probable cause conference, or (ii) the respondent fails to meet its obligations under an agreement with the Commission within the time specified in the agreement. (2) A final order issued under this subsection may: (i) require the reinstatement of the service employee or employees wrongfully terminated in violation of §18-3(b) {“Transition employment period: Successor entity responsibilities”} of this subtitle; (ii) require the respondent to pay each service employee wrongfully terminated in violation of §18-3(b) {“Transition employment period: Successor entity responsibilities”} of this subtitle his or her lost wages and other compensation to the date of the violation, as provided in §18-8 {“Penalties and fines”} of this subtitle; and (iii) direct the cessation of all practices by the respondent which are contrary to the provisions of this subtitle or the rules and regulations of the Commission. (3) A copy of an order issued under this subtitle must be furnished to the respondent by registered mail within 3 days of its issuance. (j) (1) A respondent aggrieved by an order of the Commission under this subtitle may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. (k) If, within 30 days of the issuance of a final order under subsection (i) of this section, the respondent has failed to comply with the order, the Commission may certify the proceedings to the City Solicitor and request that the Solicitor petition the Circuit Court of Baltimore City to enforce the order. *History: Ord. 17-028* *History: Ord. 19-332* ##### § 18-8 Penalties and fines. Balt., Md., Code art. 11, § 18-8 (2026) (a) The Commission may order any contractor or successor entity who commits a violation of this subtitle to: (1) pay to the employee or employees impacted the wages and other compensation lost as a result of the contractor’s violation of §18-3, with interest computed at 10% per annum on wages and other monetary compensation due; and (2) reinstate an employee or employees under the conditions required by §18-3(b) {“Transition employment period: Successor entity responsibilities”} of this subtitle. (b) (1) Any successor entity that violates this subtitle shall forfeit and pay to the City of Baltimore a penalty as follows: (i) for a 1st offense, $250 for each violation; (ii) for a 2nd offense, $500 for each violation; and (iii) for each subsequent offense, $1,000 for each violation. (2) Each day that a violation continues constitutes a separate offense. *History: Ord. 17-028* ##### § 18-9 Balt., Md., Code art. 11, § 18-9 (2026) Reserved Note: For the new, Code-wide standard for severability, see City General Provisions Article, § 1-214. #### Subtitle 19 – COVID-19 Employee Retention ##### § 19-1 Definitions. Balt., Md., Code art. 11, § 19-1 (2026) (a) In this subtitle, the follow terms have the meanings indicated. (b) “Business” means a person who is a hotel employer. (c) “Change in control” means any sale, assignment, transfer, contribution, or other disposition of: (1) all or substantially all of the assets used in the operation of a business; or (2) a discrete portion of a business that continues to operate as the same type of business of: (i) the incumbent business employer; or (ii) any person who controls the incumbent business employer. (d) “Commission” means the Wage Commission established by § 2-1 {“Commission established”} of this article, or the Commission’s designee. (e) (1) “Employee” means an individual employed by the incumbent business employer: (i) who has a length of service with the incumbent business employer of 90 days or more; (ii) whose primary place of employment is a business subject to a change in control; (iii) who is employed or contracted to perform work functions directly by either: (A) the incumbent business employer; or (B) a person who has contracted with the incumbent business employer to provide services at the business subject to the change in control; and (iv) who worked for the incumbent business employer on or after March 5, 2020, and prior to the execution of a transfer document. (2) “Employee” does not include any managerial, supervisory, or confidential employee. (f) (1) “Hotel employer” means the owner, operator, or manager of a publicly or privately owned structure that: (i) is used for public lodging or other related service for the public; and (ii) either: (A) contains 50 or more guest rooms; or (B) has earned gross receipts in the 2019 tax year exceeding $5 million. (2) A “hotel employer” includes the owner, operator, manager, or lessee of any food service facility, as defined in § 6-101(d) {“Definitions: Food service facility”} of the City Health Code, that is physically located on the hotel premises. (g) “Incumbent business employer” means the person who owns, controls, or operates a business immediately prior to the change in control. (h) “Length of service” means the aggregate total period of time during which an employee has been in active service to an employer, including periods of time when the employee was on leave or on vacation. (i) (j) “Successor business employer” means the person who owns, controls, or operates a business immediately after the change in control. (k) “Transfer document” means the purchase agreement or other documents creating a binding agreement to effect the change in control. *History: Ord. 20-479* ##### § 19-2 Balt., Md., Code art. 11, § 19-2 (2026) Reserved ##### § 19-3 Employer responsibilities. Balt., Md., Code art. 11, § 19-3 (2026) (a) Within 15 days after the execution of a transfer document, the incumbent business employer shall provide to the successor business employer the name, address, date of hire, and occupation classification of each employee. (b) Beginning from the execution of the transition period and continuing for 6 months after the business is open to the public under the successor business employer, the successor business employer shall: (1) maintain a preferential hiring list of employees identified by the incumbent business employer under subsection (a) of this section; and (2) only hire employees from that list during that period. (c) (1) Subject to paragraph (3) of this subsection, the successor business employer shall offer to retain and, if the offer is accepted, actually retain each employee for no fewer than 90 days following the date on which an employee retained by the successor business employer commences work for the successor business employer for compensation. (2) During the 90-day transition employment period, an employee shall be employed under reasonable terms and conditions of employment or as required by law. (3) A successor business employer may retain less than all of the employees during the period described in subsection (b) if the successor business employer: (i) determines that fewer employees are required than were required by the incumbent business employer; (ii) retains employees by seniority based on length of service within each job classification; and (iii) hires any additional employees from the preferential hiring list required by subsection (b), in order of length of service, until all employees on that list have been offered employment. (d) (1) Any offer of employment made to an employee under this subtitle shall: (i) be in writing and include the name, address, date of hire, and job classification of each employee; and (ii) remain open for at least 10 business days from the date of the offer. (2) The successor business employer shall retain a copy of any offers made to employees under this subtitle for at least 3 years from the date the offer was made. (e) (1) During the 90-day transition employment period, the successor business employer may not discharge an employee retained under this section without just cause. (2) (i) At the end of the 90-day transition employment period, the successor business employer shall perform a written performance evaluation for each employee retained pursuant to this section. (ii) If an employee’s performance during the 90-day transition employment period is satisfactory, the successor business employer shall consider offering the employee continued employment under the terms and conditions established by the successor business employer or as required by law. (iii) The successor business employer shall retain a record of the written performance evaluation required by this subsection for a period of no fewer than 3 years. *History: Ord. 20-479* ##### § 19-4 Balt., Md., Code art. 11, § 19-4 (2026) Reserved ##### § 19-5 Notice of change in control. Balt., Md., Code art. 11, § 19-5 (2026) (a) The incumbent business employer shall post written notice of the change in control at the location of the affected business. (b) (1) The notice required by this section shall be posted within 5 business days of the execution of the transfer document. (2) The notice shall remain posted during any closure of the business and for 6 months after the business is open to the public under the successor business employer. (c) The Notice required by this section shall include: (1) the name of the incumbent business employer and its contact information; (2) the name of the successor business organization and its contact information; and (3) the effective date of the change in control. (d) The notice required by this section shall be posted in a conspicuous place at the business that is visible to all employees and applicants for employment. *History: Ord. 20-470* ##### § 19-6 Balt., Md., Code art. 11, § 19-6 (2026) Reserved ##### § 19-7 Retaliation prohibited. Balt., Md., Code art. 11, § 19-7 (2026) (a) An incumbent business employer or a successor business employer may not discharge or reduce the compensation of any employee for: (1) making a complaint to the Commission alleging a violation of this subtitle; or (2) participating in any of the Commission’s proceedings concerning an alleged violation of this subtitle. (b) If the Commission finds that an employer has violated subsection (a) of this section it may, pursuant to the procedures provided in § 19-9 {“Enforcement procedures”} of subtitle, order appropriate restitution or the reinstatement of the employee with backpay to the date of the violation. *History: Ord. 20-479* ##### § 19-8 Balt., Md., Code art. 11, § 19-8 (2026) Reserved ##### § 19-9 Enforcement procedures. Balt., Md., Code art. 11, § 19-9 (2026) (a) Any person subjected to a practice in violation of this subtitle, or any group or person seeking to enforce this subtitle, may file a written complaint with the Commission. (b) A complaint filed under this section must: (1) be filed within 1 year of the alleged violation; (2) be filed under oath; and (3) include: (i) the particulars of the alleged violation; (ii) the name and address of the person alleged to have committed the violation; and (iii) any other information required by the Commission. (c) The Commission, acting on its own initiative and without any complaint from an employee, may itself file a complaint against an incumbent business employer or successor business employer whenever the Commission has reasonable cause to believe that the incumbent business employer or successor business employer is or has been in violation of this subtitle. (d) After the filing of a complaint, either by a person claiming to be aggrieved as set forth above or by the Commission, the Commission must: (1) investigate the facts alleged in the complaint; and (2) make a finding of probable cause or lack of probable cause for the complaint. (e) (1) In enforcing this subtitle, the Commission may: (i) issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, or otherwise necessary for hearings, investigations, or proceedings; and (ii) administer oaths, subject to the penalties for perjury, to all witnesses. (2) Any subpoena issued under this subsection shall be served by: (i) the Sheriff of Baltimore City or any of the Sheriff’s deputies; or (ii) any other person authorized by the Maryland Rules of Procedure to effectuate in personam service. (f) (1) In case of disobedience to a subpoena, the Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. (2) The court, in case of contumacy or refusal to obey any subpoena issued under this section, after notice to the person subpoenaed, and upon finding that the attendance or testimony of the witnesses or the production of the books, papers, records, and documents, as the case may be, is relevant or necessary for a hearing, investigation, or proceeding of the Commission, may issue an order requiring the attendance and testimony of the sought witnesses and the production of the sought books, papers, records, and documents, or any of them. (3) Any failure to obey such an order of the court may be punished by the court as contempt. (g) If the Commission finds that the complaint lacks probable cause, then it must dismiss the complaint and mail copies of its finding to the respondent and complainant. (h) (1) If the Commission finds probable cause for the complaint, the Commission must attempt, by means of conference, to: (i) persuade the respondent to cease and desist its illegal action; (ii) reinstate any employees to their former positions under the conditions required by § 19-3 {“Employer responsibilities”} of this subtitle; and (iii) order payment to any employees of all wages and other compensation owed for the period of time that they were unlawfully terminated, as provided in § 19-10 {“Penalties”} of this subtitle. (2) Any agreement reached between the respondent and the Commission must be reduced to writing and a copy of the agreement must be furnished to the complainant and the respondent. (i) (1) The Commission may issue a final order on its own motion if: (i) the Commission and the respondent fail to reach an agreement within 30 days of the date set for the probable cause conference, or (ii) the respondent fails to meet its obligations under an agreement with the Commission within the time specified in the agreement. (2) A final order issued under this subsection may: (i) require the reinstatement of an employee or employees wrongfully terminated in violation of § 19-3 {“Employer responsibilities”} of this subtitle; (ii) require the respondent to pay each employee wrongfully terminated in violation of § 19-3 {“Employer responsibilities”} of this subtitle his or her lost wages and other compensation to the date of the violation, as provided in § 19-10 {“Penalties”} of this subtitle; and (iii) direct the cessation of all practices by the respondent that are contrary to the provisions of this subtitle or the rules and regulations of the Commission. (3) A copy of an order issued under this subtitle must be furnished to the respondent by registered mail within 3 days of its issuance. (j) (1) Any person aggrieved by an order of the Commission may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules. (k) If, within 30 days of the issuance of a final order under subsection (i) of this section, the respondent has failed to comply with the order, the Commission may certify the proceedings to the City Solicitor and request that the Solicitor petition the Circuit Court of Baltimore City to enforce the order. *History: Ord. 20-479* ##### § 19-10 Penalties. Balt., Md., Code art. 11, § 19-10 (2026) (a) The Commission may order any successor business employer who commits a violation of this subtitle to: (1) pay to the aggrieved employee or employees impacted the wages and other compensation lost as a result of the successor business employer’s violation of § 19-3 {“Employer responsibilities”}, with interest computed at 10% per annum on wages and other monetary compensation due; and (2) reinstate any aggrieved employee or employees under the conditions required by § 19-3 {“Employer responsibilities”} of this subtitle. (b) (1) Any successor business employer that violates this subtitle shall forfeit and pay to the City of Baltimore a civil penalty as follows: (i) for a 1st offense, $250 for each violation; (ii) for a 2nd offense, $500 for each violation; and (iii) for each subsequent offense, $1,000 for each violation. (2) Each day that a violation continues constitutes a separate offense. *History: Ord. 20-479* ##### § 19-11 Collective bargaining agreements. Balt., Md., Code art. 11, § 19-11 (2026) Any or all of the provisions of this subtitle may be waived in a bona fide collective bargaining agreement, but only if the waiver is expressly set forth in clear and unmistakable terms. *History: Ord. 20-479* ##### § 19-12 Waiver of subtitle prohibited. Balt., Md., Code art. 11, § 19-12 (2026) (a) Except as provided in § 19-11 {“Collective bargaining agreements”} of this subtitle, an employee may not waive any provision of this subtitle. (b) Any request by an incumbent business employer or a successor business employer to an employee to waive his or her rights under this subtitle is a violation of this subtitle. *History: Ord. 20-479* ##### § 19-13 Rules and regulations. Balt., Md., Code art. 11, § 19-13 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commission may adopt rules and regulations to implement this subtitle. *History: Ord. 20-479* *History: Text Conformed 02/18/21* ##### § 19-14 Report to Mayor and City Council. Balt., Md., Code art. 11, § 19-14 (2026) On or before June 30, 2022, the Wage Commission shall report to the Mayor and City Council on: (1) the effectiveness of the provisions of this subtitle in protecting employees when a business changes ownership; (2) recommendations for additional protections that further the intent of this subtitle; and (3) whether the provisions of this subtitle are still necessary based on the City’s recovery from the impacts of the COVID-19 pandemic. *History: Ord. 20-479* ##### § 19-15 Balt., Md., Code art. 11, § 19-15 (2026) Reserved #### Subtitle 19A – COVID-19 Laid-Off Employees Right of Recall ##### § 19A-1 Definitions. Balt., Md., Code art. 11, § 19A-1 (2026) (a) In this subtitle, the follow terms have the meanings indicated. (b) “Commercial property employer” means an owner, operator, manager, or lessee, including a contractor, subcontractor, or sublessee, of a non-residential property in the City that employs 25 or more janitorial, maintenance, or security service employees. (c) “Commission” means the Wage Commission established by § 2-1 {“Commission established”} of this article, or the Commission’s designee. (d) “Customary seasonal work” means work performed by an employee during approximately the same season of a calendar year, such as summer or winter. (e) (1) “Employer” means a person that is any of the following, as defined in this section: (i) a commercial property employer; (ii) an event center employer; or (iii) a hotel employer. (2) “Employer” does not include a hospital as defined in State Health-General Article, § 19-301 {“Definitions: Hospital”}. (f) (1) “Event center employer” means an owner, operator, or manager of a publicly or privately owned structure within the City that: (i) is used for public performances, sporting events, business meetings, or similar events; and (ii) either: (A) is 50,000 square feet or more in total area; or (B) has a seating capacity of 1,000 seats or more. (2) (i) An “event center employer” includes a concert hall, stadium, arena, racetrack, and convention center. (ii) An “event center employer” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose, such as food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities. (3) “Event center employer” does not include the Maryland Stadium Authority. (g) (1) “Hotel employer” means the owner, operator, or manager of a publicly or privately owned structure that: (i) is used for public lodging or other related service for the public; and (ii) either: (A) contains 50 or more guest rooms; or (B) has earned gross receipts in the 2019 tax year exceeding $5 million. (2) A “hotel employer” includes the owner, operator, manager, or lessee of any food service facility, as defined in § 6-101(d) {“Definitions: Food service facility”} of the City Health Code, that is physically located on the hotel employer’s premises. (h) (1) “Laid-off employee” means an individual: (i) who had a length of service with an employer of 90 days or more in the 12 months preceding their most recent separation from active service or failure to be scheduled for customary seasonable work from that employer; (ii) who performed, in a particular workweek, at least 2 hours of work within Baltimore City for that employer; and (iii) whose most recent separation from that employer from active service or failure to be scheduled for customary seasonal work occurred on or after March 5, 2020, as a result of a lack of business, a reduction in workforce, or any other economic and non-disciplinary reason. (2) There is a rebuttable presumption of fact that any termination occurring on or after March 5, 2020, was due to a non-disciplinary reason. (3) “Laid-off employee” does not include any individual who was, prior to his or her separation, a managerial, supervisory, or confidential employee. (4) With respect to commercial property employer, “laid-off employee” is limited to only the separated janitorial, maintenance, or security service employees of the commercial property employer. (i) “Length of service” means the aggregate total period of time during which a laid-off employee had been in active service to an employer, including periods of time when the laid-off employee was on leave or on vacation. (j) *History: Ord. 20-480* *History: Ord. 22-125* ##### § 19A-2 Balt., Md., Code art. 11, § 19A-2 (2026) Reserved ##### § 19A-3 Right of recall. Balt., Md., Code art. 11, § 19A-3 (2026) (a) An employer shall make an offer to a laid-off employee for any position which is or becomes available for which the laid-off employee is qualified as described in subsection (b) of this section. (b) (1) A laid-off employee is qualified and must be offered a position with the employer under this section if the laid-off employee: (i) held the same or similar position at the same site of employment at the time of the laid-off employee’s most recent separation from active service with the employer; or (ii) has prior experience within the position or has the same skills required by the position and would not require additional training. (2) If more than 1 laid-off employee is entitled to preference for a position, the employer shall: (i) first offer the position, in order of seniority by length of service, to those laid-off employees described in paragraph (1)(i) of this subsection; and (ii) then offer the position, in order of seniority by length of service, to those laid-off employees described in paragraph (1)(ii) of this subsection. (3) An employer may make simultaneous, conditional offers of employment to multiple laid-off employees, with any final offers of employment conditioned on application of the priority set forth in subsection (b)(2) of this subtitle. (4) A laid-off employee who is offered a position under this section shall be given at least 5 business days in which to accept or decline the final offer. *History: Ord. 20-480* ##### § 19A-4 Balt., Md., Code art. 11, § 19A-4 (2026) Reserved ##### § 19A-5 Retaliation prohibited. Balt., Md., Code art. 11, § 19A-5 (2026) (a) An employer may not discharge or reduce the compensation of any employee for: (1) making a complaint to the Commission alleging a violation of this subtitle; or (2) participating in any of the Commission’s proceedings concerning an alleged violation of this subtitle. (b) If the Commission finds that an employer has violated subsection (a) of this section it may, pursuant to the procedures provided in § 19A-7 {“Enforcement procedures”} of subtitle, order appropriate restitution or the reinstatement of the employee with backpay to the date of the violation. *History: Ord. 20-480* ##### § 19A-6 Balt., Md., Code art. 11, § 19A-6 (2026) Reserved ##### § 19A-7 Enforcement procedures. Balt., Md., Code art. 11, § 19A-7 (2026) (a) Any person subjected to a practice in violation of this subtitle, or any group or person seeking to enforce this subtitle, may file a written complaint with the Commission. (b) A complaint filed under this section must: (1) be filed within 1 year of the alleged violation; (2) be filed under oath; and (3) include: (i) the particulars of the alleged violation; (ii) the name and address of the person alleged to have committed the violation; and (iii) any other information required by the Commission. (c) The Commission, acting on its own initiative and without any complaint from a laid-off employee, may itself file a complaint against an employer whenever the Commission has reasonable cause to believe that the employer is or has been in violation of this subtitle. (d) After the filing of a complaint, either by a person claiming to be aggrieved as set forth above or by the Commission, the Commission must: (1) investigate the facts alleged in the complaint; and (2) make a finding of probable cause or lack of probable cause for the complaint. (e) (1) In enforcing this subtitle, the Commission may: (i) issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, or otherwise necessary for hearings, investigations, or proceedings; and (ii) administer oaths, subject to the penalties for perjury, to all witnesses. (2) Any subpoena issued under this subsection shall be served by: (i) the Sheriff of Baltimore City or any of the Sheriff’s deputies; or (ii) any other person authorized by the Maryland Rules of Procedure to effectuate in personam service. (f) (1) In case of disobedience to a subpoena, the Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. (2) The court, in case of contumacy or refusal to obey any subpoena issued under this section, after notice to the person subpoenaed, and upon finding that the attendance or testimony of the witnesses or the production of the books, papers, records, and documents, as the case may be, is relevant or necessary for a hearing, investigation, or proceeding of the Commission, may issue an order requiring the attendance and testimony of the sought witnesses and the production of the sought books, papers, records, and documents, or any of them. (3) Any failure to obey such an order of the court may be punished by the court as contempt. (g) If the Commission finds that the complaint lacks probable cause, then it must dismiss the complaint and mail copies of its finding to the respondent and complainant. (h) (1) If the Commission finds probable cause for the complaint, the Commission must attempt, by means of conference, to: (i) persuade the respondent to cease and desist its illegal action; (ii) reinstate any laid-off employees to their former positions as required by § 19A-3 {“Right of recall”} of this subtitle; and (iii) order payment to laid-off employees of all wages and other compensation owed for the period of time that the employer was in violation of this subtitle, as provided in § 19A-8 {“Penalties”} of this subtitle. (2) Any agreement reached between the respondent and the Commission must be reduced to writing and a copy of the agreement must be furnished to the complainant and the respondent. (i) (1) The Commission may issue a final order on its own motion if: (i) the Commission and the respondent fail to reach an agreement within 30 days of the date set for the probable cause conference, or (ii) the respondent fails to meet its obligations under an agreement with the Commission within the time specified in the agreement. (2) A final order issued under this subsection may: (i) require the reinstatement of a laid-off employee or employees wrongfully terminated in violation of § 19A-3 {“Right of recall”} of this subtitle; (ii) require the respondent to pay each employee aggrieved in violation of § 19A-3 {“Right of recall”} of this subtitle his or her lost wages and other compensation to the date of the violation, as provided in § 19A-8 {“Penalties”} of this subtitle; and (iii) direct the cessation of all practices by the respondent that are contrary to the provisions of this subtitle or the rules and regulations of the Commission. (3) A copy of an order issued under this subtitle must be furnished to the respondent by registered mail within 3 days of its issuance. (j) (1) Any person aggrieved by an order of the Commission may seek judicial review of that order by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules. (k) If, within 30 days of the issuance of a final order under subsection (i) of this section, the respondent has failed to comply with the order, the Commission may certify the proceedings to the City Solicitor and request that the Solicitor petition the Circuit Court of Baltimore City to enforce the order. *History: Ord. 20-480* ##### § 19A-8 Penalties. Balt., Md., Code art. 11, § 19A-8 (2026) (a) The Commission may order any employer who commits a violation of this subtitle to: (1) pay to any aggrieved laid-off employee or employees the wages and other compensation lost as a result of the employer’s violation of § 19A-3 {“Right of recall”}, with interest computed at 10% per annum on wages and other monetary compensation due; and (2) reinstate any laid-off employee or employees under the conditions required by § 19A-3 {“Right of recall”} of this subtitle. (b) (1) Any employer that violates this subtitle shall forfeit and pay to the City of Baltimore a civil penalty as follows: (i) for a 1st offense, $250 for each violation; (ii) for a 2nd offense, $500 for each violation; and (iii) for each subsequent offense, $1,000 for each violation. (2) Each day that a violation continues constitutes a separate offense. *History: Ord. 20-480* ##### § 19A-9 Collective bargaining agreements. Balt., Md., Code art. 11, § 19A-9 (2026) Any or all of the provisions of this subtitle may be waived in a bona fide collective bargaining agreement, but only if the waiver is expressly set forth in clear and unmistakable terms. *History: Ord. 20-480* ##### § 19A-10 Waiver of subtitle prohibited. Balt., Md., Code art. 11, § 19A-10 (2026) (a) Except as provided in § 19A-9 {“Collective bargaining agreements”} of this subtitle, an employee may not waive any provision of this subtitle. (b) Any request by an employer to an employee to waive his or her rights under this subtitle is a violation of this subtitle. *History: Ord. 20-480* ##### § 19A-11 Rules and regulations. Balt., Md., Code art. 11, § 19A-11 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commission may adopt rules and regulations to implement this subtitle. *History: Ord. 20-480* *History: Text Conformed 02/18/21* ##### § 19A-12 Report to Mayor and City Council. Balt., Md., Code art. 11, § 19A-12 (2026) On or before June 30, 2022, the Wage Commission shall report to the Mayor and City Council on: (1) the effectiveness of the provisions of this subtitle in protecting employees’ stability of employment; (2) recommendations for additional protections that further the intent of this subtitle; and (3) whether the provisions of this subtitle are still necessary based on the City’s recovery from the impacts of the COVID-19 pandemic. *History: Ord. 20-480* ##### § 19A-13 Balt., Md., Code art. 11, § 19A-13 (2026) Reserved #### Subtitle 20 – Pregnancy Accommodations ##### § 20-1 Definitions. Balt., Md., Code art. 11, § 20-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Adverse action” means an action an employer takes or refuses to take in order to retaliate or discriminate against a person for exercising a right or alleging a violation under this subtitle. (c) “Applicant” means an individual applying to work for an employer in Baltimore City. (d) “Commission” means the Baltimore Community Relations Commission. (e) “Eligible individual” means an employee or applicant who is currently pregnant, is recovering from a pregnancy, including a pregnancy ending in stillbirth or miscarriage, or is recovering from a related condition. (f) (1) “Employee” means any individual who works for an employer in Baltimore City. (2) “Employee” does not include: (i) an individual engaged in the activities of an educational, charitable, religious, or other nonprofit organization where the services rendered to that organization are on a voluntary basis or in return for charitable aid conferred on the individual; or (ii) an individual who is employed by the individual’s parent, spouse, or child. (g) (1) “Employer” means any individual or organization engaged in any business in the City of Baltimore that employs 2 or more full-time employees. (2) “Employer” does not include: (i) the federal government or any unit thereof; or (ii) the State government or any unit thereof. (h) (1) “Reasonable accommodation” means any practice or allowance meant to ease the work environment for an employee who is pregnant, recovering from pregnancy, or has a related condition. (2) “Reasonable Accommodation” includes: (i) offering an eligible individual more frequent or longer breaks; (ii) acquiring or modifying accessible equipment or seating; (iii) temporarily transferring an eligible individual to a less strenuous or hazardous position, if available, with return to the current position after pregnancy or recovery; (iv) restructuring of an eligible individual’s job; (v) assigning an eligible individual light duty; (vi) providing an eligible individual with assistance with manual labor; or (vii) allowing an eligible individual to take a modified work schedule. (3) “Reasonable accommodation” does not include: (i) hiring a new employee that an employer would not otherwise have hired; (ii) discharging an employee; (iii) transferring an employee with more seniority than a pregnant or recovering employee; (iv) promoting an employee who is not qualified to perform a new job; (v) creating a new position for an eligible individual; or (vi) providing an eligible individual leave beyond the amount that is provided to similarly situated employees. (i) (1) “Undue hardship” means an action required to provide a requested accommodation that creates a significant difficulty or expense for an employer. (2) When an employer or the Commission is determining undue hardship, the following factors may be considered: (i) the nature and cost of an accommodation; (ii) the overall financial resources of an employer; (iii) the overall size of an employer’s organization, with respect to the number of employees and number, type, and location of an employer’s available facilities; (iv) an accommodation’s effect on an employer’s expenses, resources, or operations; and (v) whether a provision of similar accommodations has been made to another employee. *History: * ##### § 20-2 Rules and regulations. Balt., Md., Code art. 11, § 20-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commission shall adopt rules and regulations to carry out this subtitle. *History: * ##### § 20-3 Provision of pregnancy accommodations. Balt., Md., Code art. 11, § 20-3 (2026) (a) An employer shall, upon request of an eligible individual, provide reasonable accommodations to perform the essential functions of the eligible individual’s job as long as the accommodations do not impose an undue hardship on the employer’s business. (b) If an eligible individual requests an accommodation from an employer, the employer and eligible individual shall engage in a timely, good-faith, and interactive process to determine what reasonable accommodations the eligible individual will need. *History: * ##### § 20-4 Forbidden actions by employer. Balt., Md., Code art. 11, § 20-4 (2026) An employer may not: (1) take adverse action against an eligible individual who requests or uses a reasonable accommodation; (2) deny an employment opportunity to an eligible individual based on the need to provide a reasonable accommodation to the eligible individual; (3) require an eligible individual to take leave if the employer can provide another reasonable accommodation; or (4) require an eligible individual to take a reasonable accommodation that: (i) the eligible individual did not request; or (ii) is not required for the eligible individual to perform the necessary functions of the eligible individual’s job. *History: * ##### § 20-5 Notice of rights under subtitle. Balt., Md., Code art. 11, § 20-5 (2026) (a) Any employer subject to this subtitle shall develop and implement a written pregnancy accommodation policy. (b) The written policy shall: (1) contain a statement that an eligible individual has a legal right to request a reasonable accommodation for pregnancy, recovery from pregnancy, or related condition; (2) include the employer’s process for requesting a reasonable accommodation, which shall include: (i) the means by which an eligible individual may submit a request for reasonable accommodation to the employer; (ii) a requirement that the employer respond to a request for reasonable accommodation within 10 business days; and (iii) a requirement that the employer and an eligible individual engage in a timely, good-faith, and interactive process to determine what reasonable accommodations the eligible individual will need; (3) state that, whenever the employer does not provide a reasonable accommodation, including for undue hardship, the employer shall provide in writing the reason for denying the request; (4) state that any employee aggrieved by an alleged violation of this subtitle may file a complaint with the Commission; (5) provide the contact information for the Commission; and (6) state that adverse action against an employee for reporting a violation of or exercising the rights conferred by this subtitle is prohibited. (c) In accordance with § 20-6 {“Employer records”} of this subtitle, an employer shall retain a copy of all of the employer’s written responses required by subsection (b)(3) of this section. (d) (1) An employer shall distribute a copy of the employer’s pregnancy accommodation policy to an employee: (i) upon hiring of the employee; and (ii) within 10 calendar days of any modification to the policy. (2) An employer shall offer a copy of the pregnancy accommodation policy to any employee who requests or inquires about the employer’s pregnancy or parental leave policy. (3) If an employer has an employee handbook or set of policies that is available to employees, the pregnancy accommodation policy shall be included in that handbook or set of policies. (4) An employer may distribute to an employee the policy required by this section via electronic means, if: (i) the employer provides to the employee a paper copy of the policy upon request; and (ii) the electronic means allows for the employee to confirm receipt of the policy. *History: * ##### § 20-6 Employer records. Balt., Md., Code art. 11, § 20-6 (2026) (a) Any employer subject to this subtitle shall maintain a record of all requests for a reasonable accommodation received by the employer. (b) A record kept pursuant to this section shall include the following documentation: (1) the name of the employee making the request; (2) the date of the initial request and of any update to the initial request; (3) a copy of all written or digital correspondence by or on behalf of the employee and employer; and (4) a description of how and when the employer resolved the request. (c) An employer shall: (1) retain a record required by this section for a period of 3 years from the date of the request for reasonable accommodation; and (2) subject to reasonable notice, allow the Commission access to that record, upon request, to monitor compliance with the requirements of this subtitle. (d) In any matter involving an alleged violation of this subtitle, an employer creates a rebuttable presumption that the employer has violated this subtitle if the employer: (1) has failed to maintain or retain a record required by this section; or (2) does not allow the Commission reasonable access to the record required by this subsection. *History: * ##### § 20-7 Complaint to Commission. Balt., Md., Code art. 11, § 20-7 (2026) (a) Any person aggrieved by an alleged violation of this subtitle may file a complaint with the Commission. (b) A complaint of an alleged violation of this subtitle shall be filed, investigated, and heard in the same manner as that provided in City Code Article 4, Subtitle 4 {“Enforcement”} as an alleged unlawful discriminatory employment practice. *History: * ##### § 20-8 Judicial and appellate review. Balt., Md., Code art. 11, § 20-8 (2026) (a) A party aggrieved by a final decision of the Commission under this subtitle may seek judicial review of the Commission’s decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the Circuit Court’s final judgment to the Appellate Court of Maryland in accordance with the Maryland Rules of Procedure. *History: * ##### § 20-9 Civil penalty. Balt., Md., Code art. 11, § 20-9 (2026) A person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is subject to a civil penalty of not more than $1,000 for each offense. *History: * ##### § 20-10 Applicability of other laws. Balt., Md., Code art. 11, § 20-10 (2026) Nothing in this subtitle may be construed to affect the applicability or enforceability of any federal or State law, rule, or regulation regarding accommodations for individuals who are pregnant, recovering from pregnancy, or have a related condition. *History: * ## Article 12 – Municipal Labor Relations ### Subtitle 1 – Definitions; General Provisions #### § 1-1 Definitions. Balt., Md., Code art. 12, § 1-1 (2026) (a) As used in this article: (b) “Appropriate unit” means a group of employees recognized as appropriate for representation by an employee organization. (c) “Budget submission date” means the date by which, under the law, the proposed budget of the employer is submitted to the City Council by the Board of Estimates for final action. (d) (1) “Employee” means any person holding a position in the service of the Mayor and City Council of Baltimore, required by Article VII, § 99 of the City Charter to be classified. (2) “Employee” shall not include: (i) those employees in the Baltimore City Public School System who are included within the definition of “public school employee” contained in § 6-401(c)(1) of the State Education Article; (ii) employees of the Police Department; (iii) part-time (other than regular part-time), seasonal, probationary, provisional, or temporary employees; (iv) employees engaged in personnel work in other than a clerical capacity; (v) employees occupying positions which involve a relation of personal confidence between the one appointing and the one appointed; or (vi) those classified employees whose salaries are established by any agency other than the Mayor and City Council. (3) In case of doubt, the Labor Commissioner shall determine who is an employee within the meaning of this article. (e) (1) “Employee organization” means any organization which admits municipal employees to membership, the primary purpose of which is to represent employees concerning terms and conditions of employment. (2) “Employee organization” shall not include any organization which discriminates because of race, color, creed, or national origin, with regard to the acquisition or retention of membership, or in accepting or advancing members in any training, apprenticeship, or employment program. (3) No “employee organization” shall be certified as the representative of employees in a unit of professional and/or supervisory employees if such organization admits to membership or is affiliated in any way with an organization which admits to membership rank and file employees; however, the provisions of this sentence shall not apply to employee organizations representing fire officers and registered nurses. (f) “Employer” means the Board of Estimates or any agency of the Mayor and City Council of Baltimore other than the City Council. (g) “Grievance” means: (1) a dispute concerning the application or interpretation of the terms of a memorandum of understanding, or (2) a claimed violation, misinterpretation, or misapplication of the rules or regulations of a municipal agency or the employer affecting the terms and conditions of employment. (h) “Professional employee” means any employee engaged in work: (1) which is predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (2) which involves the consistent exercise of discretion and judgment in its performance, of such a character that the output produced or the result accomplished cannot be standardized in relation to a given time period; and (3) which requires knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes. (i) “Secondary boycott” means any activity by an employee organization which is intended to induce, encourage, or coerce persons doing business with the employer to withhold, withdraw, or in any respect curtail their business relations with said employer. (j) “Strike” means, by concerted action, the failure to report for duty, the willful absence from one’s position, the stoppage or slow down of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, coercing, or preventing a change in compensation or rights, privileges, obligations, or other terms and conditions of employment. (k) (1) “Supervisory employees” means those employees having the authority to exercise independent judgment in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them or adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a routine or clerical nature but requires the use of independent judgment. (2) Notwithstanding anything herein contained, any employee who receives cash payments for overtime pursuant to the rules of the Board of Estimates shall not be deemed to be a supervisory employee, unless said employee is a department head, bureau head, or division head. (3) Provided, further, that the provisions of subsection (d) hereof excluding from coverage under this article employees occupying positions which involve a relation of personal confidence between the one appointing and the one appointed shall not be applicable to supervisory employees. (l) “Terms and conditions of employment” means salaries, wages, hours, and other matters relating to employee benefits and duties, such as, but not limited to, holidays, pensions, and vacations. *History: Ord. 68-251* *History: Ord. 68-318* *History: Ord. 70-670* *History: Ord. 72-232* *History: Ord. 76-022* *History: Ord. 04-672* #### § 1-2 Findings and policy. Balt., Md., Code art. 12, § 1-2 (2026) (a) The City Council finds that unresolved disputes involving employees in the municipal service are injurious to the public, the municipality, and municipal employees. Therefore, adequate means should be provided for preventing controversies between the municipality and its employees and for resolving them when they occur. (b) Because the paramount interest of the public and the nature of municipal governmental processes make it necessary to impose special limitations upon public employment, it is incumbent upon the municipality to provide orderly procedures for the participation by municipal employees and their representatives in the formulation of personnel policies and plans, to insure the fair and considerate treatment of municipal employees, to eliminate employment inequities, and to provide effective means of resolving questions and controversies with respect to terms and conditions of employment, at the same time insuring that the public health, welfare, and safety will be at all times maintained. (c) (1) To that end, it is necessary in the public interest that the municipal officials, municipal employees, and their representatives, shall enter into negotiations with affirmative willingness to resolve grievances and differences. (2) Municipal agencies and employees and their representatives shall have a mutual obligation to endeavor in good faith to resolve grievances and differences relating to terms and conditions of employment with due regard for and subject to the provisions of applicable laws relating to personnel policies, including hiring, promotion, suspension, discharge, position classification, and fixing of compensation and any and all other laws, ordinances, and Charter provisions governing public employment and fiscal practices in the City of Baltimore. *History: Ord. 68-251* #### § 1-3 Special employees. Balt., Md., Code art. 12, § 1-3 (2026) Anything to the contrary in this article notwithstanding, if the governing body of (1) the Enoch Pratt Free Library of Baltimore City, or (2) the Baltimore Museum of Art, Inc., or (3) the Municipal {Peale} Museum of the City of Baltimore, Inc., or (4) the Baltimore City Public School System, or (5) the Board of Trustees of the Community College of Baltimore, determines by appropriate resolution to have the definition of employees contained in § 1-1(d) extended so as to include any of its employees not within said definition, then said employees of each such corporation shall be considered for the purpose of this article, employees of the Mayor and City Council and subject to all of the provisions hereof. *History: Ord. 68-251* *History: Ord. 69-475* *History: Ord. 70-904* ### Subtitle 2 – Office of Labor Commissioner #### § 2-1 Office created. Balt., Md., Code art. 12, § 2-1 (2026) (a) There is hereby created and established the Office of Labor Commissioner of Baltimore City, the head of which shall be the Labor Commissioner, who shall be appointed by the Mayor in the manner prescribed by Article IV, § 6 of the Baltimore City Charter and hold office as therein provided. (b) Provided that, in the first instance, the term of the person holding the position of Labor Commissioner at the time of the enactment of this article shall run concurrently with the term of the Mayor. *History: Ord. 68-251* #### § 2-2 Duties. Balt., Md., Code art. 12, § 2-2 (2026) (a) The Labor Commissioner: (1) shall be charged with the administration of the Municipal Labor Relations Ordinance; and (2) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, is hereby authorized and empowered to make any rules and regulations as may be necessary or proper to put into operation and effect the provisions of this article. (b) In addition, he shall act: (1) as a permanent member of the employer’s negotiating team; and (2) as advisor to the Mayor and the Board of Estimates on labor relations matters which directly affect the City of Baltimore. (c) The Labor Commissioner shall study and make recommendations with respect to the establishment, revision, or correction of policies and procedures governing the relations between the City of Baltimore and its employees, including the activities of the Civil Service Commission, the Department of Human Resources, and the Board of Estimates, and further make recommendations with respect to the introduction of ordinances to effectuate these policies. *History: Ord. 68-251* *History: Ord. 04-822* *History: Text Conformed 02/18/21* #### § 2-3 Staff; expenses. Balt., Md., Code art. 12, § 2-3 (2026) (a) The Labor Commissioner shall employ such other employees as shall be required to effectively administer the provisions of the within article subject to the provisions of the Baltimore City Charter relating to Civil Service. (b) Compensation of all persons in the Office of the Labor Commissioner and all other necessary expenses of the Commissioner shall be paid at such rates and in such amounts as the Board of Estimates shall approve and in accordance with the appropriation in the Ordinance of Estimates of Baltimore. *History: Ord. 68-251* ### Subtitle 3 – Reserved Rights #### § 3-1 Employee rights. Balt., Md., Code art. 12, § 3-1 (2026) Employees shall have, and shall be protected in the exercise of, the right of self-organization, to form, join, assist, or participate in any employee organization, or to refrain from forming, joining, assisting, or participating in any employee organization, freely and without fear of penalty or reprisal, to negotiate collectively through representatives of their own choosing on terms and conditions of employment subject to the limitations herein stated and the administration of grievances arising thereunder, subject to the applicable provisions of any law, ordinance, or charter provisions relating thereto. *History: Ord. 68-251* #### § 3-2 Employer rights. Balt., Md., Code art. 12, § 3-2 (2026) (a) (1) Notwithstanding any other provision contained herein, it is the exclusive right of the employer to: (i) determine the mission of each of its constituent agencies; (ii) set standards of services to be offered to the public; and (iii) exercise control and direction over its organization and operations. (2) It is also the right of the employer: (i) to direct its employees; (ii) to hire, promote, transfer, assign, or retain employees in positions within an agency; and (iii) in that regard, to establish reasonable work rules. (3) It also retains the right to: (i) suspend, demote, discharge, or take any other appropriate disciplinary action against its employees for just cause and in accordance with the provisions relating to Civil Service of employer’s Charter and other applicable laws; or (ii) to relieve its employees from duty in the event of lack of work, funds, or for other legitimate reasons. (b) (1) The provisions of this section shall be deemed to be a part of every memorandum of understanding reached between the employer and an employee organization. (2) Provided, however, that nothing contained in this section shall be deemed to deny the right of any employee to submit a grievance as defined in § 1-1(g)(2) hereof. (c) Any memorandum of understanding reached between the employer and employee organization shall be subject to the provisions of the Charter or applicable ordinance concerning salaries, hours of work, fringe benefits, pensions, and other conditions of employment. *History: Ord. 68-251* ### Subtitle 4 – Certification and Recognition of Employee Organizations #### § 4-1 In general. Balt., Md., Code art. 12, § 4-1 (2026) (a) The employer is hereby empowered to recognize any employee organization certified as hereinafter provided as the exclusive representative of the employees in an appropriate unit. (b) The employer and such employee organization shall have the mutual duty to negotiate collectively, as hereinafter provided. (c) (1) When an employee organization has been so certified, it shall have the exclusive right to represent all employees in the unit for the purpose of collective negotiation, as described herein, and the handling of employee grievances. (2) Provided said employee organization shall be responsible for fairly representing the interests of all such employees without discrimination and without regard to employee organization membership. (d) (1) Provided, however, that any individual employee may present a grievance to his employer and have the grievance adjusted, without intervention of his certified employee organization, provided the adjustment shall not be inconsistent with the terms of any memorandum of understanding between the employer and the certified employee organization representing such employee then in effect. (2) Any certified employee organization representing such employee: (i) shall be given prompt notice of the filing of the grievance; (ii) shall have the privilege of attending any hearings; and (iii) shall be notified of the adjustment thereon. *History: Ord. 68-251* #### § 4-2 Determining questions of representation. Balt., Md., Code art. 12, § 4-2 (2026) (a) Whenever, in accordance with the provisions of this article and with such rules and regulations as may be promulgated by the Labor Commissioner, a petition or petitions have been filed with the Labor Commissioner claiming that a question concerning representation exists: (1) by or on behalf of an employee organization alleging: (i) that a substantial number of employees wish said employee organization to be their exclusive representative for collective negotiation, or (ii) that the employee organization currently certified no longer represents the majority of employees in the unit; or (2) by the employer alleging that one or more employee organizations have presented to it a claim to be recognized as the representative of a majority of employees in a specified unit, the Labor Commissioner shall process said petition and negotiate on behalf of the employer, with the employee organization and any party or parties permitted to intervene in the proceedings, for the purpose of endeavoring to reach an agreement concerning the question of representation within 5 days. (b) In considering the question of representation, the Labor Commissioner shall define the appropriate unit pursuant to the following standards: (1) A unit which consists of a majority of employees in a civil service job classification or group of related civil service job classifications shall be deemed prima facie an appropriate unit. (2) This shall not limit the power of the Labor Commissioner to determine that a unit other than one based on job classification is appropriate so long as: (i) the description of the unit corresponds to a community of interest among the employees in the proposed unit, involving such criteria as similarity of job duties, skills, wages, educational requirements, supervision, hours of work, job location, and working conditions; and (ii) the unit is compatible with the joint responsibilities of the employer and employees to serve the public. (3) No unit shall be deemed appropriate if it includes both professional and other employees unless a majority of such professional employees vote for inclusion in such unit, nor shall any unit be deemed appropriate if it includes both supervisory and non-supervisory personnel. (c) (1) In the event said Labor Commissioner, employee organization, employer, intervenor, or intervenors fail to reach an agreement on any aspect of the question concerning representation, the Labor Commissioner shall refer the dispute for final determination to a board of 3 impartial persons selected from a panel obtained from an independent third party agency, agreeable to all parties, and such board, in reaching its determination, shall be bound by the provisions of this article. (2) The costs of such determination shall be divided among all parties thereto. (3) In the event the parties are unable to agree on an independent third party agency, the board shall be selected from a panel obtained from the Federal Mediation and Conciliation Service of the U.S. Department of Labor. *History: Ord. 68-251* #### § 4-3 Election of exclusive representative. Balt., Md., Code art. 12, § 4-3 (2026) (a) If a question concerning representation is found to exist, the Labor Commissioner shall direct an election upon the following bases. (b) Where an employee organization certifies to the employer that it has a membership enrollment, as evidenced by dues authorization cards, of at least 30% of the total number of employees in an appropriate unit, and if no other intervenor employee organization or organizations certifies that it has a membership enrollment of at least 10% of the total number of employees in said unit, then, in such event, a secret ballot election shall be held in which the employees in such unit shall be offered a choice between exclusive representation by such organization or of no exclusive representation. (c) In the event that an employee organization certifies to the employer that it has a membership enrollment of, or authorizations to represent at least 30% of the total number of employees in an appropriate unit and if any intervenor employee organization or organizations certifies that it has a membership enrollment of at least 10% of the total number of employees in such unit, then in such event, a secret ballot election shall be held wherein the ballot shall offer a choice among each of said employee organizations or of no exclusive representation. (d) (1) In all elections held hereunder the employee organization receiving the majority of votes cast by the eligible employees in a unit shall be declared to be the exclusive representative of all employees in such unit. (2) Provided, however, that if the majority of votes in said election is cast for no exclusive representative, then there shall be no representative designated for such unit. (3) Provided further, that where none of the choices on the ballot receives a majority, a run-off election shall be conducted, the ballot providing for a selection between the 2 choices receiving the largest and second largest number of valid votes cast in the election. (e) No election shall be conducted in any unit in which an election has been conducted within the preceding 2 years. (f) The services of the State Department of Labor and Industry or any other impartial agency selected by the parties to the election shall be utilized for the purpose of conducting elections hereunder including any disputes which may arise in respect thereto. (g) The Labor Commissioner shall announce publicly the results of any election and shall certify said results. *History: Ord. 68-251* ### Subtitle 5 – Labor Negotiations #### § 5-1 “Negotiation” defined. Balt., Md., Code art. 12, § 5-1 (2026) The term “negotiation”, as used herein, shall include the duty to: (1) confer in good faith at reasonable times, including meetings appropriately related to the budget-making process; and (2) reduce to a memorandum of understanding the matters agreed upon as the result of such negotiations in the event that all of the issues have been resolved. *History: Ord. 68-251* #### § 5-2 Duty to negotiate. Balt., Md., Code art. 12, § 5-2 (2026) On certification of an employee organization as the exclusive representative of employees, the employer and the employee organization have the duty, through appropriate officials or their representatives, to negotiate collectively with respect to the terms and conditions of employment of the employees in the unit. *History: Ord. 68-251* *History: Ord. 04-672* #### § 5-3 Negotiators. Balt., Md., Code art. 12, § 5-3 (2026) (a) Negotiations between the employer and the employee organization shall be conducted: (1) on behalf of the employer, by a committee to be named by the Mayor, which committee shall include the Labor Commissioner; and (2) on behalf of the employee organization designated as the exclusive negotiating agent for the employees in the unit, by 2 or more representatives of such employee organization. (b) The chairman of the employer’s negotiating team shall be named by the Mayor. *History: Ord. 68-251* #### § 5-4 Scope limitations. Balt., Md., Code art. 12, § 5-4 (2026) (a) In the event that the appropriate unit determined hereunder consists of other than a unit of all City employees or less than a Citywide unit of all employees in a particular job classification or groups of related job classifications, the scope of negotiations between the employer and employee organization shall be limited as hereinafter provided. (b) (1) Negotiations for salaries and wage scales which must be uniform and apply equally to City employees in like classifications pursuant to Article VI, § 12 of the City Charter shall be negotiated jointly with all certified employee organizations representing employees within the said classifications, provided that said certified employee organizations which participate in said negotiations jointly represent more than 30% of the employees in such classification or classifications. (2) If the certified employee organizations electing to participate in such negotiations jointly represent less than 30% of said employees, salaries and wage scales shall be excluded from the scope of negotiations. (c) (1) Provided, further, that negotiations for working conditions which must be alike for the employees in the several municipal agencies pursuant to Article VI, § 12 of the City Charter shall be negotiated jointly with all certified employee organizations representing employees within the several municipal agencies, provided that said certified employee organizations which participate in said negotiations jointly represent more than 30% of the employees in the several municipal agencies. (2) If the certified employee organizations electing to participate in such negotiations jointly represent less than 30% of said employees, working conditions shall be excluded from the scope of negotiations. (d) This provision shall not be construed to require any certified employee organization to participate in negotiations if it does not choose to do so, but such refusing certified employee organization shall be barred during the current negotiating period from participating in such joint negotiations. *History: Ord. 68-251* #### § 5-5 Impasse. Balt., Md., Code art. 12, § 5-5 (2026) (a) If after a reasonable period of negotiation over the terms of an agreement, a dispute exists between the employer and the certified employee organization or organizations with whom it is negotiating, or if no understanding has been reached within a reasonable period of time, but not later than March 1, prior to the final date for setting the municipal budget, it shall be deemed that an impasse has been reached, at which time the Mayor shall request that an Impasse Panel be selected pursuant to § 5-6 hereof and that the Chairman of the Impasse Panel enter the negotiations for the purpose of mediating the impasse. (b) If the said Chairman is unable to mediate the impasse, the matter shall be referred to the entire Impasse Panel for fact-finding and recommendation. (c) No impasse shall be deemed to have occurred where the employee organization or organizations which represent the greater number of employees covered by the negotiations have accepted the employer’s proposal. *History: Ord. 68-251* #### § 5-6 Selection of Impasse Panel. Balt., Md., Code art. 12, § 5-6 (2026) (a) Should an impasse be reached in negotiations between the employer and certified employee organization concerning terms and conditions of employment (as provided in § 5-5 hereof), an Impasse Panel consisting of 3 persons shall be selected as follows: (1) The employer and the employee organization shall each select 1 member within 3 days after the request for the convening of the panel. Should there be more than 1 employee organization involved in the dispute, all said employee organizations together shall be limited to selecting 1 member. (2) The 2 members so selected shall select a third member within 3 days of their selection. If the 2 members are unable to agree on the third member, they shall make their selection from a panel maintained by an independent third party agency agreeable to all parties. If the parties are unable to agree on the independent third party agency, the third member shall be selected from a panel maintained by the Federal Mediation and Conciliation Service of the United States Department of Labor. (3) The Chairman of the panel shall be the member selected pursuant to (2) above. (b) (1) The Labor Commissioner shall provide in his rules and regulations for standard rates of compensation for the members of the panel for their services, subject to approval by the Board of Estimates. (2) The cost of Impasse Panel procedures shall be divided equally between the parties. *History: Ord. 68-251* #### § 5-7 Panel findings and recommendations. Balt., Md., Code art. 12, § 5-7 (2026) (a) “Fact finding”, as used herein, shall include the identification of the major issues in the dispute, review of the positions of the parties, and the resolution of factual differences. (b) Where an impasse has been reached in negotiations, the Impasse Panel shall meet with the parties and shall make written findings of fact and recommendations for the solution of the dispute. (c) The panel, in making its findings and recommendations shall take into consideration, among other pertinent factors: (1) wages and fringe benefits paid other City employees; (2) wages and fringe benefits paid for like work by private employers in the City of Baltimore; (3) the value of other benefits available to or received by City employees as compared with private employees in the City of Baltimore; (4) cost of living data; and (5) the availability of funds. (d) Copies of such findings and recommendations shall be sent to the employer and the employee organization or organizations. (e) Nothing herein contained shall be construed as prohibiting the Impasse Panel from mediating the dispute at any time after it is referred to it prior to the issuance of its recommendations. *History: Ord. 68-251* #### § 5-8 Time table. Balt., Md., Code art. 12, § 5-8 (2026) (a) Regardless of the date upon which certification is issued to any employee organization, negotiations shall be held only between January 1 and March 1 of the following year and all memoranda of understanding reached as a result of such negotiations shall become effective on July 1 following such negotiations. (b) Any recommendations contained in the memorandum of understanding reached between the employer and employee organization as the result of negotiations shall be brought to the Board of Estimates for its approval by April 1 in order that the Board of Estimates shall have adequate time to consider the recommendations contained therein in connection with the proposed Ordinance of Estimates for the ensuing fiscal year. *History: Ord. 68-251* ### Subtitle 6 – Dues; Service Fees #### § 6-1 Dues check-off. Balt., Md., Code art. 12, § 6-1 (2026) (a) Any employee organization certified as the exclusive representative of employees in a designated unit, upon the presentation of dues deduction authorization cards duly executed by individual employees in said unit, shall be entitled to have such employees’ membership dues deducted from their paychecks and remitted to the designated employee organization. (b) Such authorization shall be irrevocable for the period of 1 year, and automatically renewable from year to year thereafter, unless written notice of termination by the employee is given to the employer at least 30 days prior to the anniversary date. (c) An employee organization shall be entitled to such dues deductions: (1) only in those units where said employee organization has been certified as the exclusive representative; and (2) only during the period that said employee organization continues to be so certified as the exclusive representative. *History: Ord. 68-251* *History: Ord. 69-587* *History: Ord. 73-503* *History: Ord. 75-993* *History: Ord. 76-022* *History: Ord. 96-067* #### § 6-2 Service fees. Balt., Md., Code art. 12, § 6-2 (2026) (a) A memorandum of understanding executed between the Mayor and City Council of Baltimore and any employee organization certified as the exclusive representative of employees in a designated unit may contain a provision whereby all employees who elect not to join, or remain members of, the employee organization certified in their respective bargaining unit, unless otherwise indicated in the Fiscal Year 1996 Memorandum of Understanding applicable to their bargaining unit, shall be required, as a condition of employment, to pay a service fee to the certified employee organization during the period that said employee organization retains its certification, in an amount not to exceed the then current employee organization dues in order to defray the costs incurred by the said certified employee organization in the negotiation, administration, and implementation of the terms of the memorandum of understanding, and all modifications and amendments thereto, including related proceedings before an Impasse Panel or arbitrators; in the processing of grievances; in the conduct of disciplinary proceedings and in the appeal thereof; in the protection and improvement of civil service rights; and in any and all other proceedings and matters for which the employee organization is the employees’ exclusive representative as a result of its certification. (b) The service fees authorized by this section shall be deducted from employees’ pay without their written authorization. *History: Ord. 75-993* *History: Ord. 96-067* ### Subtitle 7 – Unfair Labor Practices #### § 7-1 In general. Balt., Md., Code art. 12, § 7-1 (2026) The following shall be deemed unfair labor practices which are prohibited. *History: Ord. 68-251* #### § 7-2 Prohibited conduct by employer. Balt., Md., Code art. 12, § 7-2 (2026) The employer is prohibited from: (1) Interfering with, restraining or coercing employees in the exercise of their rights of self-organization or non-organization. (2) Encouraging or discouraging membership in an employee organization by discrimination in regard to hire, tenure, promotion, or other conditions of employment; provided, that nothing in this law shall preclude the employer from including in a memorandum of understanding with an employee organization certified as the exclusive representative of employees pursuant to § 4-3 hereof, a provision whereby all employees who elect not to join, or remain members of, the employee organization certified in their respective bargaining unit, unless otherwise indicated in the Fiscal Year 1996 Memorandum of Understanding applicable to their bargaining unit, shall be required, as a condition of employment, to pay a service fee to the certified employee organization and to have such fee automatically deducted by the employer from their paychecks as provided in § 6-2 hereof. (3) Controlling or dominating an employee organization or contributing financial or other support to it. (4) Refusing to negotiate in good faith with a certified employee organization. *History: Ord. 68-251* *History: Ord. 75-993* *History: Ord. 96-067* #### § 7-3 Prohibited conduct by employee organization. Balt., Md., Code art. 12, § 7-3 (2026) Employee organizations are prohibited from: (1) Interfering with, restraining, or coercing employees in the exercise of their rights of self-organization or non-organization. (2) Inducing the employer or its representatives to commit any unfair labor practice. (3) Refusing to negotiate in good faith with the employer. *History: Ord. 68-251* #### § 7-4 Referring complaints to third-party agency. Balt., Md., Code art. 12, § 7-4 (2026) (a) In the event that a claim is made that an unfair labor practice has been committed by either the employer or employee organization, the complaining party shall file with an independent third party agency designated by the Labor Commissioner a verified complaint setting forth a detailed statement of the alleged unfair labor practice. (b) The party complained of shall have the right to file an answer to the complaint within 5 days after service thereof. (c) After investigation, such agency may: (1) issue an order dismissing the complaint; or (2) order a further investigation or a hearing thereon at a designated time and place. *History: Ord. 68-251* #### § 7-5 Conduct of hearing. Balt., Md., Code art. 12, § 7-5 (2026) Any such hearing shall be conducted without regard for the strict rules of evidence and a transcript of testimony shall be taken. *History: Ord. 68-251* #### § 7-6 Decision. Balt., Md., Code art. 12, § 7-6 (2026) (a) If, upon all the testimony, the agency determines that an unfair labor practice has been committed, it shall: (1) state its findings of fact; (2) issue and cause to be served upon the party committing the unfair labor practice an order requiring it or him to cease and desist from such practice within a specified period; and (3) take such further affirmative action as will comply with the provisions of this article. (b) If, upon all the testimony, the agency determines that a prohibited practice has not been or is not being committed, it shall: (1) state its finding of fact; and (2) issue an order dismissing the complaint. *History: Ord. 68-251* ### Subtitle 8 – Negotiated Grievance Procedures #### § 8-1 Authorized. Balt., Md., Code art. 12, § 8-1 (2026) (a) Understandings reached between an employee organization which is the exclusive representative of employees in an appropriate unit and the employer may contain provisions concerning procedures for consideration and resolution of grievances by binding arbitration. (b) Provided, however, that if binding arbitration of a particular grievance would be contrary to any of the provisions of the Baltimore City Charter, the decision of any arbitrator shall not be final and binding on the parties but shall be advisory only. *History: Ord. 68-251* *History: Ord. 72-241* #### § 8-2 Alternative procedures. Balt., Md., Code art. 12, § 8-2 (2026) (a) Such procedures shall be in addition to any grievance procedure already established by the Board of Estimates. (b) (1) The employee shall have the right to choose which method of grievance procedure he prefers. (2) Once an employee has elected to pursue a specific grievance procedure, he is bound by his election and he may not subsequently choose to follow a different procedure. *History: Ord. 68-251* *History: Ord. 72-241* ### Subtitle 9 – Union Activities #### § 9-1 When activities permitted. Balt., Md., Code art. 12, § 9-1 (2026) (a) Solicitation of members, dues, and other internal employee organization business shall be conducted only during the non-duty hours of the employees concerned. (b) Employer-requested or -approved consultations and meetings between management officials and representatives of recognized employee organizations shall, whenever practicable, be conducted on official time, but negotiations with an employee organization which has been accorded exclusive recognition shall be conducted during the non-duty hours of the employee organization representatives involved in such negotiations, if they are employees within the unit. *History: Ord. 68-251* #### § 9-2 Strikes, secondary boycotts, and picketing prohibited. Balt., Md., Code art. 12, § 9-2 (2026) (a) Employee organizations shall not engage in, initiate, sponsor, support, or direct a strike or secondary boycott. (b) Employee organizations shall be prohibited from engaging in, initiating, sponsoring, supporting, directly or indirectly, picketing of the employer or any of its property in furtherance of a strike. (c) If any employee organization shall violate any of the provisions hereof: (1) its designation as exclusive representative, if any, may be revoked by the employer; (2) it may be ineligible to participate in elections or be certified as exclusive representative for a period of 2 years thereafter; and (3) the employer may refrain from making payroll deductions for such organization’s dues for a period of 2 years thereafter. *History: Ord. 68-251* *History: Ord. 74-770* ### Subtitle 10 – Professional and Supervisory Units #### § 10-1 Limitation for professional and supervisory units. Balt., Md., Code art. 12, § 10-1 (2026) (a) Notwithstanding the rights granted employee organizations pursuant to Subtitles 5, 7, and 8 of this article, an employee organization certified as representative of employees in a unit consisting of professional and/or supervisory employees is limited in its rights hereunder only to meet and confer concerning wages, hours, and working conditions and reduce the results of such negotiations to a memorandum of understanding. (b) The provisions of this section shall not apply to employee organizations representing fire officers and registered nurses. *History: Ord. 72-231* ### Subtitle 11 – City Employees and Retirees Health Benefits Program #### § 11-1 Definitions. Balt., Md., Code art. 12, § 11-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Director” means the Director of the Department of Finance. (c) “Exclusive employee organization” means an employee organization designated as an exclusive representative, as described under subtitle 4 of the Municipal Labor Relations Article {“Certification and Recognition of Employee Organizations”}. (d) “Fund” means the Premium Stabilization Fund created under this subtitle. (e) “Generally Accepted Accounting Principles” or “GAAP” means the accounting principles, standards, and procedures of the Financial Accounting Standards Board. (f) “Government Accounting Standards Board” or “GASB” means the organization that promulgates accounting and financial reporting standards for U.S. state and local governments that follow GAAP. (g) “Health benefit option” means the type and components of a health benefit plan offered to: (1) an employee; (2) a retiree; (3) an employee or retiree’s spouse; and (4) an employee or retiree’s dependent. (h) “Health benefit option” includes: (1) the structure of a health plan, including: (i) a health maintenance organization; (ii) a participating provider organization; (iii) a point-of-service plan; (iv) a fee-for-service plan; and (v) a consumer-directed plan; (2) covered benefits, including: (i) medical benefits; (ii) dental benefits; (iii) prescription drug benefits; and (iv) vision benefits; (3) the manner in which benefits are covered, including: (i) group health plans; and (ii) health insurance exchanges; (4) cost-sharing plan features, including: (i) deductibles; (ii) co-pays; (iii) coinsurance; and (iv) out-of-pocket maximums; and (5) cost-controlling plan features, including: (i) prior approval requirements; (ii) prescription formularies; and (iii) management of investigative or trial treatments and services. (i) “Health benefit plan” means the health benefits and other options available to a participant under an insured plan or a self-insured plan offered by Baltimore City under the Program. (j) “Health Insurance Committee” or “HIC” means the labor management committee established by action of the City Board of Estimates on November 7, 2012. (k) “Participant” means any individual who is or may be eligible to receive benefits under the Program, including a: (1) City employee; (2) retired City employee; (3) spouse of a City employee or retired City employee; and (4) dependent of a City employee or retired City employee. (l) “Plan year” means the calendar or fiscal year of each benefit plan offered under the Program. (m) “Program” means the City Employee and Retiree Health Benefits Program. (n) “Retiree” or “retired City employee” means a former City employee who receives or is entitled to receive a defined benefit pension under City Code Article 22 {“Retirement Systems”}. (o) “Retiree health plan” means any health benefit plan, including any Medicare Advantage Plan, offered by or through the City to its retirees, their spouses, and their dependents. *History: * #### § 11-2 Health Benefits Program; establishment. Balt., Md., Code art. 12, § 11-2 (2026) (a) The City shall maintain an Employee and Retiree Health Benefits Program. (b) The Program shall be administered by the Baltimore City Department of Human Resources, in conjunction with the City HIC. (c) The Program shall include the following coverage for all participants: (1) comprehensive medical care; and (2) prescription drugs. (d) The Program may include: (1) dental coverage; (2) vision coverage; and (3) other coverage related to a participant’s health. *History: * #### § 11-3 HIC; Membership. Balt., Md., Code art. 12, § 11-3 (2026) (a) The HIC shall be composed of: (1) City appointees; (2) exclusive employee representatives; and (3) retiree representatives. (b) The HIC shall include the following members: (1) 1 member appointed by each exclusive employee organization; (2) 1 member appointed by the Managerial and Professional Society of Baltimore, Inc. (“MAPS”); (3) 1 member appointed by the Baltimore City Retirees’ Association in consultation with the exclusive employee organization; (4) 1 member appointed by each of the following City agencies: (i) Office of the Labor Commissioner; (ii) Division of Employee Benefits in the Department of Human Resources; (iii) Department of Finance; and (iv) Office of the Mayor; (5) a professional consultant designated jointly by the exclusive employee organizations, MAPS, and retirees association as participants in the HIC; and (6) a professional consultant appointed by the City. *History: * #### § 11-4 HIC; meetings. Balt., Md., Code art. 12, § 11-4 (2026) (a) The HIC shall meet at the request of the exclusive employee organizations, MAPS, and retirees no more than 4 times in each calendar year. (b) The HIC shall meet at least twice between the months of June and September to discuss: (1) the fiscal and benefit outcomes of the immediate past plan year; (2) health benefit options for the next plan year; (3) margin and other factors considered for pricing of the next plan year; and (4) premium rates for the next plan year. (c) The City may request a meeting of the HIC by providing written notice to employee, MAPS, and retiree members of the HIC through their professional consultant at least 10 business days in advance of a proposed meeting. (d) Following a request for a meeting, the party that made the request must furnish a copy of a proposed agenda for the meeting to the Labor Commissioner and to the professional consultants on the HIC no later than one week before the meeting. (e) HIC meetings may be adjourned by mutual consent and continued to subsequent timely dates to enable the City to fulfill requests for: (1) documents; (2) information; (3) data; and (4) other relevant materials requested by exclusive employee organizations, MAPS, and retiree participants in the HIC. *History: * #### § 11-5 Administration of Program. Balt., Md., Code art. 12, § 11-5 (2026) (a) The HIC shall meet at least 3 times per calendar year to review and discuss: (1) the annually-accounted receipts, disbursements, and incurred but not reported reserves for each City-sponsored plan; (2) cost containment and efficiencies; and (3) data for each health benefit and other plan for active City employees, as defined in this subtitle. (b) Any dispute about the meaning or application of any part or provision of this subtitle, or any disagreement about the denial benefits or premiums charged to any participant shall be subject to final and binding arbitration, if a demand for arbitration is submitted upon the joint demand of either: (1) the exclusive employee organizations for a majority of City employees covered under Article 12. Municipal Labor Relations of the Baltimore City Code; or (2) a majority of the number of exclusive employee organizations under Article 12. Municipal Labor Relations of the Baltimore City Code. (c) Once a demand for arbitration is submitted, arbitration shall be conducted between the organizations and the City before an arbitrator who is: (1) a member of the National Academy of Arbitrators; and (2) selected from a list of 9 arbitrators furnished upon request by either: (i) the Federal Mediation Conciliation Service; or (ii) the American Arbitration Association. (d) The arbitrator described in subsection (c) of this section shall be selected from the furnished list by the means of the parties alternately striking candidates from the list. (e) A final written arbitration award shall be: (1) subject to review by the Circuit Court for Baltimore City upon the filing of a petition to: (i) affirm; (ii) modify; or (iii) vacate; and (2) subject to further review on appeal under the Maryland Uniform Arbitration Act. *History: * #### § 11-6 Requests for information. Balt., Md., Code art. 12, § 11-6 (2026) (a) The exclusive employee organizations, MAPS, and retirees may request information and data related to the Employee and Retiree Health Benefits Program. (b) The City shall honor and respond to a request described under subsection (a) of this section. (c) A request for information shall be delivered in an email addressed to the Director and Chief Human Capital Officer of the City Department of Human Resources, with copies sent to the City Director of Finance and Office of the Labor Commissioner. (d) (1) The documents, information, and data provided to the HIC as a response to a request made under subsection (a) of this section shall be provided in a format organized by each health benefit plan offered. (2) When requested, the documents, information, and data provided shall include separate disclosure of revenues, claims, and expenses for: (i) active employees; (ii) pre-Medicare-eligible retirees; (iii) Medicare-eligible retirees; (iv) spouses of employees and retirees; and (v) dependents of employees and retirees. (e) Restriction of information. (1) Documents, information, and data requested under the authority of this subtitle may not be unreasonably withheld from disclosure to employee, MAPS, and retiree representatives. (2) The production of documents, information, and data requested under the authority of this subtitle may not be unreasonably delayed by any City agency or City vendor. (3) Any complaint regarding the content or timing of the City’s or City vendor’s response to a request made under the authority of this subtitle shall be brought to the attention of the Labor Commissioner who shall attempt to resolve the issue within a reasonable time frame. (4) Access to data and documents granted to the HIC under this section shall be in addition to any rights or remedies conferred under the Maryland Public Information Act. *History: * #### § 11-7 Annual provider reports. Balt., Md., Code art. 12, § 11-7 (2026) (a) Following the conclusion of each plan year, the City shall order an annual provider report to be prepared for each benefit plan offered under the Program. (b) A provider report required under subsection (a) of this section must cover: (1) current employees; (2) pre-Medicare eligible retirees; (3) Medicare-covered retirees; (4) spouses of City employees or retired City employees; and (5) dependents of City employees or retired City employees. (c) The city shall order and prepare an annual provider report for each health benefit plan offered under the Program, without regard to whether a plan is vendor-insured or City self-insured. (d) An annual provider report shall include information from the prior plan year, including: (1) enrollment data; (2) data relating to claims, including claims exceeding $75,000; and (3) any other relevant information about the health benefit plan’s: (i) status; (ii) benefit delivery; and (iii) fiscal outcome. (e) (1) When an annual provider report becomes available, the City shall furnish a copy of each annual provider report to: (i) the exclusive employee organizations; (ii) MAPS; (iii) the retiree representatives; and (iv) their consultant. (2) No later than June 15 of each calendar year, each annual provider report shall be furnished to: (i) the exclusive employee organizations; (ii) MAPS; (iii) the retiree representatives; and (iv) their consultant. (f) One of the HIC meetings conducted between June and September of each calendar year shall be used to discuss the annual provider reports for the past plan year. *History: * #### § 11-8 Premiums and premium equivalents. Balt., Md., Code art. 12, § 11-8 (2026) (a) (1) After the City receives from its consultant the projected premiums and projected premium equivalent rates for the upcoming plan year, the City shall release to the consultant for the exclusive employee organizations, MAPS, and retirees: (i) the formula, methods, and data used by the City’s consultant to build rate projections for the ensuing plan year; (ii) a report containing the projected premiums and premium equivalent rates for each provider plan within the Program for the upcoming plan year, including: (A) self-insured plans; and (B) vendor-insured plans; and (iii) any available supporting data. (b) (1) The exclusive employee organizations, MAPS, and retirees or their consultant may request a meeting with the City or City’s consultant concerning the proposed premium or premium equivalent rates. (2) The exclusive employee organizations, MAPS, and retirees must request a meeting described in paragraph (1) of this subsection: (i) in writing; (ii) no later than 15 days following the disclosure of the proposed rates; and (iii) no later than September 10, provided that the annual report required by this section is delivered to the exclusive employee organizations, MAPS, retirees, and their consultant prior to August 25. (3) The meeting described in paragraph (1) of this subsection shall be held at least 15 days prior to the submission of the proposed rates to the Board of Estimates. (4) At least 10 days before the submission of the proposed rates to the Board of Estimates, the City shall consider and respond in writing to the exclusive employee organizations, MAPS, retirees, and their consultant regarding the proposed rates. *History: * #### § 11-9 Collective Bargaining. Balt., Md., Code art. 12, § 11-9 (2026) (a) The following are subjects of collective bargaining under Article 12. {“Municipal Labor Relations”} of the Baltimore City Code and City Charter Article II §§ 55(a) and (b): (1) health benefit options offered or proposed under the Program; (2) employer-employee and employer-retiree contributions proposed to sustain health benefit options offered under the Program; and (3) components of the health benefit plans that, under this subtitle, are available to or proposed for: (i) employees and retirees; (ii) eligible spouses of employees and retirees; and (iii) eligible dependents of employees and retirees. (b) Collective bargaining concerning the following shall be conducted and completed with all exclusive employee organizations and MAPS at least 90 days prior to the release of plan enrollment documents covering active employees and retirees for a new plan year: (1) health benefit options offered under the Program; (2) employer-employee and employer-retiree contributions to health benefit options offered under the Program; and (3) components of the health benefit plans. (c) After the date of a retiree’s permanent separation from City employment, no premium or premium-equivalent charges, nor the retiree’s respective share thereof under the Graduated Retiree Contribution Schedule, may be changed for the following individuals: (1) a retiree; (2) the spouse of a retiree; and (3) the dependent of a retiree. (d) The City and each of its constituent units may not unreasonably deny or delay disclosure of information, data, and documents requested about the Program before and during collective bargaining over: (1) plan subsidies; (2) plan benefit options; and (3) any other components of any: (i) health benefit plans; (ii) prescription drug plans; or (iii) plans for other services. *History: * #### § 11-10 Gain and Loss Statement. Balt., Md., Code art. 12, § 11-10 (2026) (a) Once a year, the City shall provide a good faith operating gain and loss statement for: (1) each self-insured health benefit plan; (2) each insured health benefit plan; and (3) any other plan offered by the City under the Program. (b) The gain and loss statement required under subsection (a) of this section shall be: (1) provided following the close of each plan year; (2) provided on or before May 30; (3) consistent with the GAAP adopted under the rules of GASB; and (4) provided to the exclusive employee organizations, MAPS, retirees and their consultant. (c) The gain and loss statement required under subsection (a) of this section shall account for all premium equivalents of the plan for the benefit year, as compared to expenditures for the plan, which include: (1) estimated incurred claims; (2) premiums paid; (3) administrative fees; (4) network fees; (5) any other fees; and (6) any taxes. (d) (1) If requested by the exclusive employee organizations, MAPS, and retirees, the City shall provide the documents, information, and data considered to prepare the gains and losses statement required under subsection (a) of this section to: (i) exclusive employee organizations; (ii) MAPS; (iii) retirees; and (iv) their consultant. (2) To the extent that such information is collected in the ordinary course of business, the supporting materials shall include separate disclosures of revenues, claims, and expenses for: (i) exclusive employee organizations; (ii) MAPS; (iii) retirees; and (iv) their consultant. *History: * #### § 11-11 Final accounting. Balt., Md., Code art. 12, § 11-11 (2026) (a) No later than June 30 of each year, the City shall deliver a final accounting prepared by the Director to: (1) exclusive employee organizations; (2) MAPS; (3) retirees; and (4) their consultant. (b) The final accounting shall include information and data related to: (1) enrollment; (2) claims; (3) administrative costs; (4) usage trends; and (5) any other data necessary to calculate any surplus or deficit experienced by the plan for the immediately preceding plan year. (c) (1) The Director and the consultant appointed by the exclusive employee organization, MAPS, and retirees shall meet in the event that the final accounting reports an excess of revenues over costs in the difference between: (i) premium equivalents; (ii) premiums; (iii) other payments received from covered: (A) active employees; (B) spouses of active employees; (C) dependents of active employees; (D) retirees; (E) spouses of retirees; and (F) dependents of retirees; (iv) vendor rebates and remissions; and (v) all plan costs and expenses incurred for each: (A) insured health benefit plan; (B) self-insured health benefit plan; and (C) prescription drug plan. (2) During the meeting required by this subsection, the Director and the consultant shall determine if: (i) they agree that the findings are correct; (ii) the findings are based on GAAP; and (iii) the findings follow GASB rules. (3) During their assessment of the findings at the meeting required by this subsection, the Director and the consultant shall take into account any positive or negative variance in all plans. (d) (1) The Program’s year-end surplus shall be determined and verified by calculating the difference of the City’s obligation for premiums and other funds owed by the City to support all insurance benefits under any one or more of the plans offered by the City, from 1 plan year to the next. (2) The surplus described under this subsection may not be used by the City for a purpose other than sustaining the City’s health benefit plans. (3) The Program’s year-end surplus shall be deposited in the Premium Stabilization Fund created under this subtitle. *History: * #### § 11-12 Premium Stabilization Fund. Balt., Md., Code art. 12, § 11-12 (2026) (a) The City shall maintain a Premium Stabilization Fund within the City’s Risk Management Fund. (b) The Fund: (1) may not be commingled with any part of the City’s General Operating Fund; (2) shall be maintained by the City for the exclusive benefit of the Program; and (3) shall be used only to enable the City to defray a year-end deficit in the health benefit plan accounts after: (i) all revenues, claims, and costs are fully accounted for; and (ii) full disclosure has been made to the: (A) exclusive employee organizations; (B) MAPS; (C) retirees; and (D) their consultant. (c) (1) The Program’s year-end surplus shall be transferred into the Fund until the balance of the Fund reaches the equivalent of 2 months of medical and prescription drug claims for the previous plan year. (2) The Director shall report the balance of the Fund within 3 to 6 months after the end of each plan year to the: (i) exclusive employee organizations; (ii) MAPS; (ii) retirees; and (iii) their consultant. (d) When the Fund’s balance is equal to or greater than 2 months of Program medical and prescription drug claims for the most recent completed plan year, the City may not use margin as a factor in the pricing of: (1) premiums for vendor insured plans for active employees; (2) premiums for vendor insured plans for retirees; (3) premium equivalents for self-insured benefit plans for active employees; and (4) premium equivalents for self-insured benefit plans for retirees. (e) (1) Disbursements from the Fund shall be authorized only if the Board of Estimates approves an application by the Director. (2) Thirty days before presenting the application described under this subsection to the Board of Estimates, the Director shall provide a copy of the application to the: (i) exclusive employee organizations; (ii) MAPS; (iii) retirees; and (iii) their consultant. (3) If a disbursement from the Fund is authorized by the Board of Estimates due to a plan’s year-end deficit, then year-end plan surpluses in subsequent plan years shall be exclusively applied to restore the Fund. *History: * #### § 11-13 Retained duties and powers of City. Balt., Md., Code art. 12, § 11-13 (2026) (a) The Director of the Department of Human Resources shall have the general duty to administer the Program. (b) Subject to the provisions of this subtitle, the Director of the Department of Human Resources or the Director’s designee may: (1) propose the health benefit options and design the health benefits plans, which may include a wellness program made available to participants; (2) prepare forms and establish procedures to be followed in order to obtain health benefits under the Program; (3) determine the eligibility of persons to participate in the Program and its health benefit plans and other plans by applying the provisions of the Program governing such eligibility subject to the right of persons to appeal adverse decisions on eligibility through grievance and arbitration procedures established under this subtitle; (4) approve or supervise the approval of the payment of claims for health and other benefits; (5) establish a process for internal appeals and external review of decisions on claims that complies with the federal Affordable Care Act and subsequent statutes; (6) review the payment of claims for health insurance benefits and seek recovery of any overpayment of benefits; (7) establish through the processes of collective bargaining available under this subtitle health care flexible spending accounts or health savings accounts as part of the Program; and (8) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, may adopt rules and regulations to carry out this subtitle, provided that, at least 60 prior to taking effect, the rules and regulations are published and delivered to: (i) each exclusive employee organization; (ii) MAPS; (iii) retirees; and (iv) their consultant. *History: * ## Article 13 – Housing and Urban Renewal ### Division I – General Administration #### Subtitle 1 #### Subtitle 2 – Department of Housing and Community Development ##### § 2-1 Determinations, declarations, and definitions. Balt., Md., Code art. 13, § 2-1 (2026) (a) It is hereby found and determined: (1) that there exist within the City of Baltimore slum, blighted, deteriorated, or deteriorating areas, which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals and general welfare of the residents of the City of Baltimore; (2) that the existence of such areas and the growth and spread thereof and the deterioration or threatened deterioration of other areas: (i) contribute substantially and increasingly to the spread of disease and crime, and to losses by fire and accident; (ii) necessitate excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire, and accident protection, and for other public services and facilities; (iii) constitute an economic and social liability; (iv) substantially impair or arrest the sound growth of the community; (v) retard the provision of decent, safe, and sanitary housing accommodations; (vi) aggravate traffic problems and substantially impair or arrest the elimination of traffic hazards and the improvement of traffic facilities; (vii) depreciate assessable values; (viii) cause an abnormal exodus of families from the city; and (ix) are detrimental to the health, the well-being and the dignity of many of the residents of the City of Baltimore; (3) that such areas cannot be dealt with effectively by the ordinary operations of private enterprise without the aids herein provided; (4) that the rehabilitation or elimination, in whole or in part, of slum, blighted, deteriorated, and deteriorating areas and the prevention of the spread or development of blight in, and the deterioration of, areas which are free of blight are public uses and purposes requiring the exercise of the governmental powers of the City of Baltimore in the public interest. (b) (1) It is further found and declared that some slum or blighted or deteriorated areas, or portions thereof, may require comprehensive acquisition, clearance, and disposition with or without prior development or redevelopment, since the prevailing conditions of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that some such areas or portions thereof and some deterioration areas or portions thereof may be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied, or prevented without comprehensive acquisition and clearance; that other areas not yet deteriorated or deteriorating, or portions thereof, may be conserved so that the conditions and evils hereinbefore enumerated may be prevented from spreading thereto or arising therein; and that all such areas within the boundaries of the City of Baltimore may be benefitted through the enforcement of applicable regulatory codes relating to buildings, housing, sanitation or safety, the rendering of services to community organizations or through a combination of other means provided in this ordinance. (2) It is further found and declared that the elimination, correction, and prevention of the conditions and evils hereinbefore enumerated must be undertaken through the use of a comprehensive and integrated program; that this program should involve whatever range of municipal powers and resources is required to enable the City of Baltimore to act affirmatively in fulfilling its responsibilities to its citizens; that this program requires a suitable administrative structure to undertake adequately a coordinated and purposeful attack on urban slums and blight and the prevention of new areas of slums and blight; and that a comprehensive program should be undertaken within the boundaries of the City of Baltimore. (3) It is further found and declared that the powers conferred by this ordinance {subtitle} are for public uses and purposes for which public money may be expended and the power of eminent domain exercised and that the necessity in the public interest for the provisions herein enacted is hereby declared and determined. (c) (1) As used herein, a slum, blighted, or deteriorated area is an area in which: (i) a preponderance of the structures or the dwelling units therein is detrimental to the public health, safety, or general welfare by reason of age, dilapidation, depreciation, overcrowding, excessive land coverage, faulty arrangement, lack of ventilation or sanitary facilities, failure to conform with the provisions of the ordinances or regulatory codes of the City of Baltimore relating to buildings, housing, or sanitation, neighborhood obsolescence or deterioration, or inadequate open space, parking, or access to transportation; or (ii) there is a preponderance of defective or inadequate street layouts, or of faulty lot layouts in relation to size, adequacy, accessibility or usefulness, or of unsanitary or unsafe conditions, or of deteriorated or inadequate site improvements or community facilities, or of conditions which endanger life or property by fire or other cause or which retard development of the area, or any combination of these factors; or (iii) the land is suitable for development but has not been developed to an appreciable extent because of obsolete platting, diversity of ownership, deterioration of structures or site improvements, a high rate of tax delinquency or mortgage foreclosures, or spoiling of the land as a result of excavation or usage, or any combination of these factors. (2) As used herein, a deteriorating area is an area, whether within or apart from a slum, blighted, or deteriorated area, which contains obsolete or substandard structures, or inadequate community facilities or incompatible land uses, or any combination of these factors which substantially impair or arrest the sound growth of the area, retard the provision of necessary housing accommodations, or constitute an economic or social liability or constitute a detriment to the public health, safety, morals, or general welfare, in its present condition and use. (3) In this subtitle, “zoning change”: (i) means any “legislative authorization”, as defined in Baltimore City Zoning Code, § 5-501 {“Legislative Authorizations”}; but (ii) does not include any use or bulk regulation restriction that is imposed by a Renewal Plan or Conservation Plan. *History: Ord. 68-152* *History: Ord. 01-165* *History: Ord. 16-581* *History: Ord. 17-068* *History: Ord. 22-124* ##### § 2-2 Department; Commissioner. Balt., Md., Code art. 13, § 2-2 (2026) (a) There shall be a Department of Housing and Community Development, the head of which shall be the Commissioner of Housing and Community Development, who shall be appointed by the Mayor in the manner prescribed in Article IV, § 6 of the Charter of Baltimore City (1964 Revision) and shall hold office as therein provided. (b) (1) The Commissioner may appoint or employ such assistants and employees as may be necessary for the proper performance of the duties and functions of the Department of Housing and Community Development and may delegate to them such powers and duties as he may deem proper. (2) The compensation of the said Commissioner of Housing and Community Development and of the said assistants and employees shall be subject to the approval of the Board of Estimates and shall be paid as provided in the annual Ordinance of Estimates. *History: Ord. 68-152* ##### § 2-3 General powers. Balt., Md., Code art. 13, § 2-3 (2026) (a) The Department of Housing and Community Development is authorized to: (1) recommend areas of operation to the Planning Commission; (2) prepare Renewal Plans and to plan and to undertake Renewal Projects in Renewal Areas; (3) prepare Conservation Plans and to plan and to undertake Conservation Projects in Conservation Areas; (4) furnish technical and other services to community organizations concerned with housing or community development; (5) prepare plans and to provide reasonable assistance for the relocation of persons, families, and businesses displaced by reason of the acquisition of property for public purposes; (6) encourage and facilitate private investment in the City of Baltimore; (7) engage in studies, experimentation, and research pertaining to housing, community development, and the existence of and the problems of correcting, eliminating, and preventing slums, blight, and urban deterioration; disseminate public information with respect thereto, and cooperate with other agencies of the City, the State, the Federal Government, or any agency thereof, in activities undertaken in connection therewith; (8) encourage and facilitate the cooperation, interest, and participation of citizens and citizens’ groups in the development and execution of Renewal Plans and Conservation Plans, in the urban renewal and conservation programs generally, and in other programs or undertakings of the Department concerning housing or community development; (9) administer and enforce the City’s Building, Fire, and Related Codes Article and all other regulatory codes of Baltimore City that relate to buildings, housing, or sanitation, except where that administration and enforcement is required by the City Charter or by State law to be exercised exclusively by some other officer, department, bureau, or agency of the City; (10) assist the several City departments involved in activities related to housing and community development for the purpose of coordinating such activities and establishing consistent policies and procedures with respect thereto; and (11) exercise the powers and perform the duties and responsibilities conferred and imposed upon the Economic Development Commission, as transferred to the Department by operation of Ordinance No. 1022, approved November 24, 1975, thereby vesting in the Department certain powers and duties to be exercised in connection with aiding the industrial growth of the City. (b) (1) The Department of Housing and Community Development shall exercise the duty and authority, as originally transferred to the Department by operation of Ordinance No. 152, approved June 28, 1968, and as now or hereafter conferred by law or ordinance, to: (i) issue permits for and exercise supervision and inspection over: (A) building construction and installations; (B) the use of land and buildings; and (C) the alterations, relocation, repair, reconstruction, and change of occupancy of buildings and the number of families housed in buildings in the City; and (ii) inspect, repair, condemn, and remove private property in Baltimore City at the expense of the owner thereof. (2) (i) The Commissioner of the Department of Housing and Community Development is authorized and directed to exercise and perform all of those authorities, powers, responsibilities, rights and duties imposed or conferred, which were, prior to the effective date of Ordinance No. 1091, approved August 2, 1967, imposed or conferred by ordinance or otherwise upon the Building Inspection Engineer. (ii) The Commissioner or the Commissioner’s designee shall have charge and be responsible for: (A) conducting research studies, preparing statistical data, and keeping informed on inspection activities in other jurisdictions; (B) conducting research studies relating generally to the work of the Department as it relates to building inspection; (C) public information with respect to enforcement and enforcement activities; (D) inspecting all new and existing buildings, structures, and appurtenant areas and equipment for conformance with applicable laws or regulations; (E) inspecting, repairing, condemning, and removing private property at the expense of the owner thereof pursuant to applicable laws and regulations; (F) such other duties and powers which hereafter may be imposed and conferred upon the Commissioner. (c) As used in this subtitle, a Renewal Project: (1) may include undertakings and activities for the elimination, the correction, or the prevention of the development or the spread of slum, blighted, deteriorated, or deteriorating areas; and (2) may involve but shall not be limited to a program or programs of slum clearance, development, redevelopment, renovation, or rehabilitation, voluntary or compulsory rehabilitation or conservation by owners of property, or any combination or part thereof. (d) As used in this subtitle, a Conservation Project: (1) may include undertakings and activities for the elimination, the correction or the prevention of the development or the spread of slum, blighted, deteriorated, or deteriorating areas; and (2) may involve but shall not be limited to a program or programs of renovation or rehabilitation, voluntary or compulsory rehabilitation or conservation by owners of property or any combination or part thereof; but (3) shall not include property acquisition by use of the power of eminent domain except where the Conservation Plan permits the acquisition of property for failure to meet minimum standards or authorizes the acquisition of vacant property or property on which structures have been razed for reasons of health or safety. *History: Ord. 68-152* *History: Ord. 02-475* *History: Ord. 13-093* *History: Ord. 22-124* *History: * ##### § 2-4 Areas of operation. Balt., Md., Code art. 13, § 2-4 (2026) (a) (1) Renewal areas shall be areas within the boundary lines of the City of Baltimore which may be benefitted through the exercise of the functions and powers vested in the Department of Housing and Community Development by this ordinance {subtitle}, on a comprehensive basis, including the acquisition or disposition of property or the undertaking of activities to effect substantial environmental change. (2) The Department of Housing and Community Development, after consultation with the Director of the Department of Planning, shall determine such areas and shall make recommendations to the City Council for the introduction of ordinances designating them as “Renewal Areas”. (3) The Planning Commission shall make recommendations to the City Council for passage of said ordinances. (b) (1) Conservation areas shall be areas within the boundary lines of the City of Baltimore which may be benefitted through the exercise of the functions and powers vested in the Department of Housing and Community Development by this ordinance {subtitle}, on a comprehensive basis, exclusive of property acquisition by use of the power of eminent domain except where the Conservation Plan permits the acquisition by use of the power of eminent domain of property for failure to comply with applicable regulatory codes or for failure to meet minimum standards or authorizes the acquisition by use of the power of eminent domain of vacant property or property on which structures have been razed for reasons of health and safety. (2) The Department of Housing and Community Development shall determine such areas and upon approval of the Director of the Department of Planning and the Board of Estimates shall designate them as “Conservation Areas”; provided, however, that when the powers of property acquisition by use of the power of eminent domain or disposition are required in a Conservation Area, the Department of Housing and Community Development shall make a recommendation to the City Council for the introduction of, and the Planning Commission shall make recommendations to the City Council for the passage of, an ordinance authorizing the exercise of such powers. (c) Nothing herein contained shall preclude the Department of Housing and Community Development from exercising General Powers (4) through (11) of § 2-3(a) of this ordinance {subtitle} in any area within the boundary lines of the City of Baltimore so long as the exercise of such powers shall be in conformity with the Master Plan or Official Detailed Plan, if any, applicable to the area of the City involved. *History: Ord. 68-152* *History: Ord. 77-325* ##### § 2-5 Renewal and Conservation Plans. Balt., Md., Code art. 13, § 2-5 (2026) (a) No Renewal Project or Conservation Project shall be undertaken by the Department of Housing and Community Development except in accordance with the Renewal or Conservation Plan applicable to the area in which the project is to be undertaken. (b) (1) As used herein a Renewal Plan means a plan, as it exists from time to time, for the elimination, correction, or the prevention of the development or the spread of slums, blight, or deterioration in an entire Renewal Area or a portion thereof. When a plan is applicable to less than an entire Renewal Area, it shall include a description of the boundaries of the area to which it applies. (2) The plan shall include a land use map showing the proposed use of all land within the area to which the plan is applicable, including the location, character, and extent of the proposed public and private ownership. (3) The plan shall be sufficiently complete to define such land or property acquisition, acquisition of interests therein, demolition and removal of structures, disposition of land or property or interests therein, improvements, and programs of renovation or rehabilitation and conservation, and activities to effect substantial environmental change, as may be proposed to be undertaken or carried out in the area to which the plan is applicable; and the plan shall include a statement of the methods and standards under which the same is to be accomplished and the necessary controls to be applied in order to effect rehabilitation and conservation by owners of existing properties. (4) The plan shall set out zoning changes, if any. (5) The plan also shall indicate the nature of the restrictions, conditions, or covenants, if any, which are to be incorporated in deeds or contracts for the sale, lease, use or redevelopment of land or property within the area to which the plan is applicable. (6) In addition, the plan shall state the reasons for the various provisions which it contains. (c) (1) As used herein a Conservation Plan means a plan, as it exists from time to time, for the elimination, correction or the prevention of the development or the spread of slums, blight, or deterioration in an entire Conservation Area or a portion thereof. When a plan is applicable to less than an entire Conservation Area, it shall include a description of the boundaries of the area to which it applies. (2) The plan shall set forth such programs of renovation or rehabilitation and conservation as may be proposed to be undertaken or carried out in the area to which the plan is applicable, and shall include a statement of the methods and standards under which the plan is to be accomplished and the necessary controls to be applied in order to effect rehabilitation and conservation by owners of existing properties. (3) If the plan permits or authorizes the acquisition of property by the power of eminent domain it shall so state and shall set forth the conditions under which such power may be exercised. (4) The plan shall set out zoning changes, if any. (5) In addition, the plan shall state the reasons for the various provisions which it contains. (d) Every Renewal Plan and Conservation Plan shall conform to the Master Plan or the Official Detailed Plan, if any, applicable to the area of the City involved. *History: Ord. 68-152* ##### § 2-6 Adoption and approval of plan. Balt., Md., Code art. 13, § 2-6 (2026) (a) (1) The Department of Housing and Community Development shall prepare: (i) a Renewal Plan or Plans for each area of the City designated as a Renewal Area; and (ii) a Conservation Plan or Plans for each area of the City designated as a Conservation Area. (2) The order in which said Plans are to be prepared shall be determined by said Department. (b) (1) A Renewal Plan becomes effective on approval by the Director of Planning, as required by subsection (c) of this section, and the enactment of an appropriate ordinance. The Planning Commission shall recommend the appropriate ordinance to the City Council. (2) A Conservation Plan becomes effective on approval by the Director of Planning, as required by subsection (c) of this section. However, if any part of the plan requires a zoning change or authorizes the use of eminent domain for acquisition of any property, that part of the plan is not effective until approved by the Planning Commission and by the enactment of an appropriate ordinance. (c) (1) The Department of Housing and Community Development shall submit all proposed Renewal Plans and Conservation Plans to the Director of the Department of Planning for review. (2) No Renewal Plan or Conservation Plan may be adopted by the Department of Housing and Community Development until the Director of Planning has approved it with respect to: (i) its conformity to the Master Plan or Official Detailed Plan, if any, as applicable to the area involved; (ii) the detailed location of any public improvements proposed in the plan; (iii) its conformity to the rules and regulations for subdivisions; and (iv) all zoning changes proposed in the plan. (3) If the Director of the Department of Planning fails to approve a proposed Renewal Plan or Conservation Plan in any of the foregoing respects, he shall promptly report the same to the Department of Housing and Community Development together with the recommendations for modifying the Plan. (d) (1) The Department of Housing and Community Development may recommend to the City Council the passage of an ordinance approving a Renewal Plan or, if required by subsection (b) of this section, a Conservation Plan that the Department has adopted. (2) This ordinance may not be passed until after a public hearing at which parties in interest and citizens have had an opportunity to be heard. (3) Notice of the hearing must be given by: (i) posting notice in the neighborhood of the area involved at least 10 days before the hearing; and (ii) publication once a week for 2 consecutive weeks in a newspaper of general circulation in Baltimore City. (4) The notice must: (i) contain the time, date, place, and purpose of the hearing; (ii) generally identify the area covered by the plan; (iii) outline the general scope of the project under consideration; and (iv) state that the documents constituting the plan are available for inspection at a place designated in the notice. (5) The public hearing may be adjourned from time to time without further notice. (6) Amendments proposed to a plan as a result of a public hearing: (i) do not require further notice or additional hearings; but (ii) must be referred to the Department of Housing and Community Development and to the Director of Planning for their study and report to the City Council. (7) Any zoning change proposed by a Renewal Plan or a conservation Plan must be approved by an ordinance enacted in accordance with the State Land Use Article and the Baltimore City Zoning Code. (e) (1) The approval by ordinance of a Renewal Plan or a Conservation Plan when required by subsection (b) of this section shall constitute authorization to the Department of Housing and Community Development to: (i) acquire, by condemnation if necessary, all land and improvements thereon or interests therein designated for acquisition in said Renewal Plan or Conservation Plan; and (ii) subject to the approval of the Board of Estimates as hereinafter provided, to dispose of all land and improvements thereon or interests therein designated for disposition in said Renewal Plan or Conservation Plan. (2) The standards and controls embodied in a Renewal Plan or Conservation Plan approved by ordinance shall thereupon become enforceable in the same manner as the other ordinances of the City. (f) The Department of Housing and Community Development shall administer Renewal Plans and Conservation Plans adopted and approved as heretofore provided. (g) (1) No change may be made to any Renewal Plan or Conservation Plan unless that change is approved by an ordinance of the Mayor and City Council. (2) Except as provided in paragraph (3) of this subsection, an ordinance seeking to amend a Renewal Plan or Conservation Plan must be adopted and approved in the same manner as that required by this section for the adoption and approval of a new Renewal Plan or Conservation Plan. (3) If the Planning Commission determines that the proposed amendment is a technical correction or a minor modification that would not substantially affect the Plan or the size, use, or disposition of any property subject to the Plan, the proposed amendment need not be posted or advertised as otherwise required by subsection (d) of this section. (h) (1) When a Councilmember initiates a plan or an amendment, the provisions of this subsection (h) shall be followed. (2) Any member of the Baltimore City Council may submit to the City Council a bill proposing: (i) a Renewal Plan or Conservation Plan for any area of the City; or (ii) an amendment to an existing Renewal Plan or Conservation Plan. (3) At the request of a member of the City Council, the Department of Housing and Community Development and the Department of Planning shall provide assistance in the preparation of any such bill, including technical amendments which may be necessary to bring the bill into conformity with existing ordinances. (4) After introduction, the bill shall be sent to the Department of Housing and Community Development and to the Planning Commission for recommendation and report. (5) The Department of Housing and Community Development shall review the proposed plan or amendment for conformity to § 2-5(b) and (c). In case of a proposed amendment to an already approved Urban Renewal Plan or Conservation Plan, it shall also review and evaluate the impact of said amendment to the Plan. (6) The Planning Commission shall review the proposed plan or amendment with respect to: (i) conformity to the Master Plan or Official Detailed Plan, if any, as applicable to the area involved; (ii) the detailed location of any public improvements proposed in the plan or amendment; (iii) its conformity to the rules and regulations for subdivisions; and (iv) all zoning changes proposed in the plan or amendment. (7) The agencies shall report their findings, together with a recommendation for modifications, if applicable, to the City Council. *History: Ord. 68-152* *History: Ord. 99-547* *History: Ord. 01-137* *History: Ord. 01-165* *History: Ord. 17-068* ##### § 2-7 Specific powers. Balt., Md., Code art. 13, § 2-7 (2026) (a) (1) The Department of Housing and Community Development shall have and exercise, except as otherwise provided herein, all the powers set forth in Article II, § (15) of the Charter of Baltimore City (1964 revision) and all of the powers of the Mayor and City Council of Baltimore necessary or convenient, from time to time, to carry out and effectuate any and all of the functions and purposes mentioned in this ordinance {subtitle}, except such powers as are required by the City Charter or the laws of the State of Maryland to be exercised exclusively by any other officer, department, bureau, or agency of the City. (2) In addition to other powers herein granted, such powers shall include but shall not be limited to the following. (b) (1) (i) acquire, for and on behalf of the Mayor and City Council of Baltimore, within areas of operation, and in accordance with applicable Renewal Plans and Conservation Plans, land and property of every kind, and any right, interest, franchise, easement or privilege therein, including land or property and any right or interest therein already devoted to public use, by purchase, lease, gift, condemnation, or any other legal means for development or redevelopment, including but not limited to the renovation or rehabilitation thereof; (ii) negotiate and contract for the acquisition of such land and property or any right, interest, franchise, easement, or privilege therein; and (iii) institute or cause to be instituted from time to time, in the name of, and for, the Mayor and City Council of Baltimore such condemnation proceedings as may be necessary to acquire such land and property or any right, interest, franchise, easement, or privilege therein; (2) Provided, however, that any land or property owned by the State of Maryland or the Housing Authority of Baltimore City shall not be acquired without the prior consent of the State or the Housing Authority of Baltimore City, as the case may be. (c) (1) (i) acquire, for and on behalf of the Mayor and City Council of Baltimore, within areas of operation, and in accordance with applicable Renewal Plans and Conservation Plans, land and property of every kind, and any right, interest, franchise, easement, or privilege therein, including land or property and any right or interest therein already devoted to public use, by purchase, lease, gift, condemnation, or any other legal means, for the purpose of: (A) eliminating unhealthful, unsanitary, or unsafe conditions; (B) lessening density, eliminating obsolete or other uses detrimental to the public welfare, or otherwise for removing or preventing the spread of blight or deterioration; or (C) providing land for needed public facilities or public improvement; (ii) negotiate and contract for the acquisition of such land and property or any right, interest, franchise, easement, or privilege therein; and (iii) institute or cause to be instituted from time to time, in the name of, and for, the Mayor and City Council of Baltimore such condemnation proceedings as may be necessary to acquire such land and property or any right, interest, franchise, easement, or privilege therein. (2) Provided, however, that any land or property owned by the State of Maryland or the Housing Authority of Baltimore City shall not be acquired without the prior consent of the State or the Housing Authority of Baltimore City, as the case may be. (d) In accordance with applicable Renewal Plans or Conservation Plans, to develop or redevelop, including but not limited to renovation or rehabilitation, any and all land or property acquired by any of the methods hereinbefore mentioned. (e) In accordance with applicable Renewal Plans or Conservation Plans, to: (1) demolish, remove, relocate, improve, renovate, or alter land, buildings, streets, highways, alleys, utilities, or services and other structures or improvements within areas of operation; and (2) within areas of operation, construct, reconstruct, install, or repair streets, highways, alleys, utilities, or services in connection with the development, redevelopment, renovation, rehabilitation, or conservation of land or property. (f) (1) In accordance with applicable Renewal Plans or Conservation Plans, to sell at public or private sale, lease, convey, transfer, or otherwise dispose of any land or property, or any interest in them, acquired by it regardless of whether or not it has been developed, redeveloped, altered, or improved and irrespective of the manner or means in or by which it may have been acquired, to the United States of America, the Housing Authority of Baltimore City, the State of Maryland, or any department or agency of them, or to any private, public, or quasi-public corporation, partnership, association, person, or other legal entity, for conservation, development, or redevelopment, including but not limited to renovation or rehabilitation. (2) Provided, however, that all contracts for the sale, lease, conveyance, transfer, or other disposition of any of said land or property or for the transfer of any other interest therein shall be executed in the name of the Mayor and City Council of Baltimore and shall require the approval of the Board of Estimates prior to execution as to the legal and financial ability of the contracting parties. (3) Such contracts shall provide for the sale, lease, conveyance, transfer, or other disposition of land or property or any interest therein at such prices and on such terms as may be appropriate to the uses prescribed for such land or property by the applicable Renewal Plan or Conservation Plan and the restrictions upon, and the covenants, conditions, and obligations assumed by the purchaser, transferee, or lessee. (4) Any lessee or tenant who is a party to any such lease or rental agreement, or any successor in interest or title, shall not have any right to redeem the rent, fee, or charge reserved or to be paid by any such lessee or tenant, or by any successor in interest or title, under the terms of any such lease or rental agreement, except to the extent and in the manner set forth in any such particular lease or rental agreement, if any such right is specifically and definitely granted therein. (g) In accordance with applicable Renewal Plans or Conservation Plans, to require the insertion of appropriate provisions in any legal instrument pertaining to the sale, lease, conveyance, transfer, or other disposition of any land or property or any interest therein, providing that: (1) the purchaser, transferee, or lessee shall begin and complete its operations within a predetermined, reasonable period of time; (2) the standards of population density, property maintenance, type of land use, and other standards established for the particular parcel of land or property shall be maintained; and (3) any or all covenants, conditions, and restrictions contained in such legal instrument shall be binding on any subsequent purchaser, transferee, lessee, or any successor in interest or title. (h) (1) Subject to the prior approval of the Board of Estimates, the Department may acquire, for and on behalf of the Mayor and City Council of Baltimore, any single-family or multiple-family dwelling unit or other structure within the boundary lines of Baltimore City, by purchase, lease, condemnation, gift or other legal means, for development and redevelopment, including but not limited to the renovation, rehabilitation and disposition thereof, when the Commissioner has determined: (i) that such dwelling unit or other structure has deteriorated to such extent as to constitute a serious and growing menace to the public health, safety and welfare; (ii) that such dwelling unit or other structure is likely to continue to deteriorate unless corrected; (iii) that the continued deterioration of such dwelling unit or other structure may contribute to the blighting or deterioration of the area immediately surrounding the said dwelling unit or other structure; and (iv) that the owner of such dwelling unit or other structure has failed to correct the deterioration thereof. (2) (i) In this paragraph, “abandoned property” has the meaning given in § 21-17 of the Public Local Laws of Baltimore City. (ii) Subject to the approval of the Board of Estimates, the Department, acting on behalf of the Mayor and City Council of Baltimore, may: (A) negotiate for and acquire, by purchase, lease, gift, condemnation, or any other legal means, any abandoned property in the City for development or redevelopment; (B) develop or redevelop any abandoned property acquired, including but not limited to the demolition or rehabilitation of the property or otherwise eliminating blighting and unsafe conditions; (C) sell, transfer, or otherwise dispose of any abandoned property acquired, regardless of whether the property has been altered or improved; and (D) use, operate, manage, or maintain any abandoned property acquired pending development, redevelopment, or other disposition. (i) To preserve for the United States of America, the State of Maryland, or the Mayor and City Council of Baltimore, or any department or agency thereof, any land or property, or any rights or interests therein, for public use, irrespective of the manner or means in or by which it may have been acquired. (j) To enter upon and inspect any land, building, or property for the purposes of making surveys, examinations, or appraisals, or obtaining any needful information or data for the preparation of Renewal Plans and Conservation Plans. (k) Pending the disposition of land or property acquired, to temporarily lease or operate and maintain such land or property for such uses and purposes as may be deemed desirable even though not in conformity with the applicable Renewal Plan or Conservation Plan. (l) To manage, operate, maintain, and repair land and property and collect fees, rentals, or charges thereon. (m) (1) (i) petition for, negotiate with, and accept from the United States of America, or the State of Maryland or any department or agency thereof, or any other source, loans, advances, contributions, grants, or aids of any character which may from time to time become available for the preparation of Renewal Plans or Conservation Plans, the undertaking of Renewal Projects or Conservation Projects, or the performance of any other function or power contemplated by this ordinance {subtitle}; and (ii) agree to the conditions to be included in any contract or other legal instrument to be entered into in connection with any such loan, advance, contribution, grant, or aid. (2) Provided, however, that all such contracts and legal instruments shall require the approval of the Board of Estimates prior to execution. (n) Subject to the prior approval of the Board of Estimates, to contract, from time to time, with any private, public, or quasi-public corporation, partnership, association, person, or other legal entity for the furnishing of consulting, planning, designing, engineering, or other technical or specialized services in connection with the duties, powers, and functions of the Department of Housing and Community Development. (o) Subject to the prior approval of the Board of Estimates, to employ or hire, from time to time, by contract, consulting, planning, or designing engineers or other persons possessing technical or specialized skills in connection with the duties, powers, and functions of the Department of Housing and Community Development. (p) To expend such funds as may be available to it for such purposes for the performance of its functions and the exercise of its powers under this ordinance. (q) To conduct public or private hearings on any matter material to the duties, powers, or functions of the Department of Housing and Community Development, administer oaths, conduct examinations and take testimony, and require the attendance of witnesses and the production of books and papers. (r) Except as otherwise specifically provided in this ordinance, and subject to the provisions, where applicable, of the Charter of Baltimore City (1964 Revision), as amended from time to time, to make and enter into, on behalf of the Mayor and City Council of Baltimore, without the approval of the Board of Estimates, contracts, leases, agreements, and other legal instruments of every kind, character, and description relative to the performance of the duties, powers, and functions of the Department of Housing and Community Development. (s) To provide counseling and advisory services to property owners, tenants, and investors with respect to improving, managing, and financing property and investment opportunities and with respect to other areas of information related to the duties, powers, and functions of the Department of Housing and Community Development. (t) To promote the sound development and redevelopment, including but not limited to renovation and rehabilitation, of areas within the City of Baltimore which may be benefitted through the exercise of the functions and powers vested in the Department of Housing and Community Development and to conduct studies and negotiate with owners, builders, investors, and others toward this end. (u) To enforce the zoning laws and ordinances of the City of Baltimore, including but not limited to the regulation and restriction of the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards and other open spaces, the density of population, and the location, and use of buildings, structures and land for trade, industry, residence, or other purposes. (v) (1) issue permits for, and exercise such supervision and inspection over, building construction and installations, the use of land and buildings, the alteration, relocation, repair, reconstruction, and change of occupancy of buildings and the number of families housed in buildings in the City; and (2) have such powers and duties to inspect, repair, condemn, and remove private property in Baltimore City at the expense of the owner thereof as are now or may hereafter be conferred upon it by law or ordinance. (w) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to adopt such rules and regulations as it may deem necessary and proper for the transaction of the business of the Department and for the enforcement of the ordinances and regulatory codes which it administers. (x) To exercise all or any part or combination of powers herein granted. (y) (1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to adopt such rules and regulations as it may deem necessary and proper to carry out the provisions of Article 33A of the Annotated Code of Maryland (1971 Supplement) {Title 12 of the State Real Property Article}, as the same may be amended from time to time. (2) Provided, however, that such rules and regulations as herein provided shall not be effective until first approved by the Board of Estimates. (z) To encourage industrial and commercial development within Baltimore City. (aa) To advise the Mayor and the City Council of Baltimore concerning policies affecting economic development and to recommend changes in such policies in order to improve the climate for industry and commerce in the City, thus to promote economic growth and stabilization. (bb) To disseminate knowledge of the desirability of commercial and industrial firms being located in Baltimore City. (cc) To serve as a sounding board for problems which industries are having with governmental programs, regulations, practices, etc. (dd) To identify opportunities and means for bringing about new or sustained private economic activities in the City, thereby helping to maintain and expand employment and to stimulate retention and strengthening of the City’s tax base. (ee) To coordinate the efforts of the various agencies and groups, public and private, involved in whole or in part with economic development in Baltimore City. Such coordination is to be directed toward the accomplishment of maximum results with a minimum of duplication in effort. (ff) To study and analyze, in cooperation with the Department of Planning and others, the City’s economic potential and to maintain on a continuing basis such statistics and analyses as may be necessary. (gg) To maintain and disseminate information on relevant conditions and trends affecting the health of economic activities in the City and make recommendations on measures dealing with these conditions and trends. (hh) To formulate and execute with the Department of Planning and others a comprehensive long-range plan for economic development policies in order to encourage economic growth and stabilization. (ii) To provide such other services as may be essential to encouraging the overall economic growth of Baltimore City. (jj) (1) (i) Except as otherwise specified by law, the Department of Housing and Community Development may exercise all of the powers set forth in Article II, § (15A) of the City Charter. (ii) The powers conferred on the Department by this subsection do not in any way limit any of the powers conferred on the Department under Article II, § (15) of the City Charter, including those involving the establishment of Urban Renewal Plans or Conservation Plans for economic development. (iii) In exercising the powers conferred by this subsection, the Department need not establish an urban renewal area or plan as provided for in §§ 2-4, 2-5, and 2-6 of this article. (2) The powers conferred by this subsection include but are not limited to the following: (i) subject to paragraph (3) of this subsection, to acquire, within the boundary lines of Baltimore City, land and property of every kind, by purchase, gift, condemnation, or any other legal means for or in connection with the industrial growth of Baltimore City; (ii) to sell, lease, convey, transfer, or otherwise dispose of this land or property, irrespective of the means by which it was acquired, to the United States of America, the State of Maryland, any department or agency of either, or any private, public, or quasi-public corporation, partnership, association, person, or other legal entity, to be used for or in connection with the industrial growth of Baltimore City; and (iii) in connection with any purpose or object of Article II, § (15A) of the City Charter, to petition to and accept from the United States of America, the State of Maryland, any department or agency of either, or any other source, any loan, grant, or aid of any type and, on the sole approval of the Board of Estimates, make and execute any contract or other legal instrument with any of these parties. (3) (i) Except as authorized by Article II, § (15) of the City Charter, no property may be acquired under this subsection by condemnation if the property is: 1. occupied lawfully, in whole or in part, for residential use; or 2. located in a Residential, Office-Residential, or Commercial Zoning District. (ii) No property may be acquired under this subsection by condemnation unless specifically authorized by Ordinance of the Mayor and City Council. (4) (i) Any lease entered into under or in connection with any purpose or object of Article II, § (15A) of the City Charter is hereby declared to be exclusively for business purposes. (ii) A tenant under that lease has no right to redeem the rent, fee, or charge reserved or to be paid by the tenant, except as specifically and definitely granted in the lease. (5) (i) Before the City may acquire any land or property under Article II, § (15A) of the City Charter, the Board of Estimates, in its sole and absolute discretion, must first determine that the land or property is needed for or in connection with the industrial growth of the City of Baltimore, as contemplated by Article II, § (15A). (ii) Before the City may dispose of any land or property acquired under Article II, § (15A) of the City Charter, the Board of Estimates, in its sole and absolute discretion, must first determine that the land or property will be used for or in connection with industrial growth in Baltimore City, as contemplated by Article II, § (15A). (iii) The terms and conditions of any contract for the acquisition or disposition of any land or property must be approved by the Board of Estimates. (kk) (1) It may be appropriate to contract with another person or persons for the continuing implementation of some or all of the functions and duties authorized by this section. (2) Any such contractual arrangements shall provide for: (i) submittal to the Mayor and to the City Council of the annual budget for such persons in such detail as shall be from time to time required by the Department of Finance in the same fashion as is generally applicable to municipal agencies, including the procedure applicable to supplemental budgets; (ii) the right of the Board of Estimates and of the City Council to approve or disapprove the proposed expenditure detail in the same fashion as applies to municipal budgets; (iii) submittal of the semi-annual report of operations to the Mayor and to the City Council; and (iv) annual financial report and audit. (ll) (1) The Department of Housing and Community Development shall report to the City Council at least annually as to its operations pursuant to this section, and its report shall include an inventory of land and other assets acquired, held, or disposed of. (2) No contract shall be entered into in the implementation of the powers granted by this section which binds the City Council to any further appropriation without the prior approval of the City Council. (3) All capital assets acquired pursuant to the provisions of this section shall be held in the name of the Mayor and the City Council of Baltimore. (mm) (1) Subject to the prior approval of the Board of Estimates and the City Council as hereafter provided, to acquire for and on behalf of the Mayor and City Council of Baltimore any parcel of vacant land within the boundary lines of Baltimore City by purchase, lease, condemnation, gift, or other legal means, for consideration with adjoining property or properties for land banking, or for development, including disposition thereof, when the Commissioner has determined: (i) that such parcel of vacant land constitutes a serious and growing menace to the public health, safety and welfare; (ii) that such parcel of vacant land contributes to the blighting or deterioration of the area immediately surrounding it; and (iii) that the owner of such parcel of vacant land has failed to maintain the said parcel or to correct the blighting influence thereof. (2) Prior approval of the City Council shall be obtained by sending a list of properties proposed to be acquired hereunder to the members of the City Council and to the President of the City Council, who shall have a list published in the City Council Journal, and, if no written objection to the acquisition thereof by a member of the Council is received by the President within 15 days of publication, he shall so certify to the Commissioner; where timely objection to the acquisition of a property is made, the acquisition of said property shall be deemed not approved by the City Council and then the Commissioner shall seek authority for such acquisition by ordinance of the Mayor and City Council. *History: Ord. 68-152* *History: Ord. 1972-017* *History: Ord. 1975-1022* *History: Ord. 1977-325* *History: Ord. 99-508* *History: Ord. 03-517* *History: Ord. 07-504* *History: Ord. 16-581* *History: Texts Conformed 02/19/21* ##### § 2-8 Duties. Balt., Md., Code art. 13, § 2-8 (2026) (a) In addition to other duties herein specified, the Department of Housing and Community Development shall be responsible for the following. (b) It shall render to the Mayor an annual written report of its activities and operations during the preceding year. (c) It shall establish and maintain a central records system in connection with its housing and building code enforcement operations. *History: Ord. 68-152* ##### § 2-9 Cooperation by other City agencies. Balt., Md., Code art. 13, § 2-9 (2026) The several officers, departments, bureaus, and agencies of the City of Baltimore shall cooperate with the Department of Housing and Community Development in the exercise of its powers and functions, and upon request, shall furnish such available information, records and statistics as may be needed by the Department of Housing and Community Development in the exercise of its powers and functions. *History: Ord. 68-152* ##### § 2-10 Title to property. Balt., Md., Code art. 13, § 2-10 (2026) Title to all land and property and any interests therein acquired by the Department of Housing and Community Development shall be taken in the name of the Mayor and City Council of Baltimore, but the Department of Housing and Community Development shall act as custodian of all such land and property and interests therein. *History: Ord. 68-152* ##### § 2-11 Sale or lease proceeds. Balt., Md., Code art. 13, § 2-11 (2026) (a) The proceeds realized from the sale or lease of any land or property or interest therein by the Department of Housing and Community Development shall be preserved by the Department of Finance in a special account or accounts, and the funds in such special account or accounts shall be used only for the purposes recited in this ordinance {subtitle} after appropriation in an annual Ordinance of Estimates. (b) Provided, however, that proceeds realized from the sale or lease of any land or property or interest therein by the Department of Housing and Community Development in a project or projects for which a Federal temporary loan has been granted shall be treated in accordance with provisions of the Federal contract under which such loan has been made. *History: Ord. 68-152* ##### § 2-12 Dissolution of Baltimore Urban Renewal and Housing Agency. Balt., Md., Code art. 13, § 2-12 (2026) (a) The Baltimore Urban Renewal and Housing Agency, established under Ordinance No. 692 of the Mayor and City Council of Baltimore, approved December 31, 1956, is hereby dissolved. (b) The Department of Housing and Community Development is hereby authorized and directed, in the place and stead of the Baltimore Urban Renewal and Housing Agency, to: (1) exercise and perform all the powers, duties, functions and discretions that heretofore have been vested in the Baltimore Urban Renewal and Housing Agency under the terms and provisions of any and all laws or ordinances or any and all contracts, agreements, or other legal instruments which heretofore may have been entered into by the Mayor and City Council of Baltimore; and (2) exercise and perform all of the powers, duties, and functions which the Baltimore Urban Renewal and Housing Agency heretofore exercised or performed or was authorized to exercise or perform in connection with the issuance of certificates of indebtedness of the Mayor and City Council of Baltimore and the expenditure of the proceeds derived from the sale of said certificates of indebtedness authorized to be issued under the terms and provisions of Chapter 42 of the Laws of Maryland of 1947, and ordinances of the Mayor and City Council of Baltimore — No. 335, approved July 2, 1948; No. 1101, approved June 4, 1954; No. 1596, approved July 10, 1958; No. 271, approved June 18, 1964; No. 853, approved June 29, 1966; and No. 1072, approved June 29, 1967 — or any other law. (c) All future proceedings and actions relating to pending matters concerning those areas of the City of Baltimore heretofore approved by ordinance of the Mayor and City Council of Baltimore as “Renewal Areas” shall be governed by the applicable provisions of this ordinance {subtitle}. (d) Nothing contained in this ordinance {subtitle} shall be taken or construed directly or indirectly to repeal, amend, alter, modify, or affect in any manner or to any extent, except in the manner and to the extent specifically and definitely set forth in this ordinance {subtitle}: (1) any of the certificates of indebtedness that heretofore have been issued by the Mayor and City Council of Baltimore under the provisions of Chapter 42 of the Laws of Maryland of 1947, and ordinances of the Mayor and City Council of Baltimore — No. 335, approved July 2, 1948; No. 1101, approved June 4, 1954; No. 1596, approved July 10, 1958; No. 271, approved June 18, 1964; No. 853, approved June 29, 1966; and No. 1072, approved June 29, 1967— or any other law; (2) the power and authority of the Mayor and City Council of Baltimore to issue and sell the balance of the unissued certificates of indebtedness of the Mayor and City Council of Baltimore heretofore authorized and approved to be issued by the Mayor and City Council of Baltimore under the provisions of the aforesaid Chapter of the Laws of Maryland and ordinances of the Mayor and City Council of Baltimore or any other law; (3) any act or thing or any contract, deed, lease, agreement, or other legal instrument heretofore done, made, or entered into by the Mayor and City Council of Baltimore, the Commissioners of Finance or the Board of Estimates of said municipality, or the Baltimore Urban Renewal and Housing Commission, or any of them, or any combination of 2 or more of them under the provisions of any of the Laws of Maryland or ordinances of the Mayor and City Council of Baltimore, including but not limited to Ordinances — No. 335, approved July 2, 1948; No. 1101, approved June 4, 1954; No. 1596, approved July 10, 1958; No. 271, approved June 18, 1964; No. 853, approved July 29, 1966; and No. 1072, approved June 29, 1967, or any other law, or in connection with any of the matters or things mentioned in or contemplated by any of the Laws of Maryland or ordinances of the Mayor and City Council of Baltimore, including but not limited to the aforesaid ordinances, or any other law; or (4) any of the powers, duties, or functions of the Mayor and City Council of Baltimore, the Commissioners of Finance, or the Board of Estimates of said municipality, or any of them, or any combination of 2 or more of them, under the provisions of any of the Laws of Maryland or ordinances of the Mayor and City Council of Baltimore, including but not limited to Ordinances — No. 335, approved July 2, 1948; No. 1101, approved June 4, 1954; No. 1596, approved July 10, 1958; No. 271, approved June 18, 1964; No. 853, approved June 29, 1966; and No. 1072, approved June 29, 1967, or any other law, or in connection with any of the matters or things mentioned in or contemplated by any of the Laws of Maryland or ordinances of the Mayor and City Council of Baltimore, including but not limited to the aforementioned ordinances. *History: Ord. 68-152* ##### § 2-13 Transfer of powers from Department of Public Works. Balt., Md., Code art. 13, § 2-13 (2026) (a) All of the powers, duties, and responsibilities conferred or imposed on the Department of Public Works pursuant to §§ 33 and 34 of Article VII of the Charter of Baltimore City (1964 Revision) {Article VII, § 32 of the City Charter (1996 Edition)}, including (1) the authority to issue permits for, and exercise such supervision and inspection over, building construction and installations, the use of land and buildings, the alterations, relocation, repair, reconstruction, and change of occupancy of buildings and the number of families housed in buildings in the City and the power and duty to inspect, repair, condemn, and remove private property in Baltimore City at the expense of the owner thereof as are now or may hereafter be conferred by law or ordinance, and (2) the right to exercise the powers and perform the duties conferred and imposed upon the Zoning Commissioner by Ordinance No. 1247, approved March 30, 1931, as amended from time to time, and as are now or may hereafter be conferred upon him by law or ordinance, are hereby transferred and assigned to the Department of Housing and Community Development. (b) The Department of Housing and Community Development is hereby authorized and directed in the place and stead of the Department of Public Works to exercise and perform all of those powers, duties, functions and discretions that were vested in the Department of Public Works, which were, prior to the effective date of Ordinance No. 1091 of the Mayor and City Council of Baltimore, approved August 2, 1967, vested in the Bureau of Building Inspection under the terms and provisions of any and all contracts, agreements or other legal instruments, which heretofore may have been entered into by the Mayor and City Council of Baltimore in the exercise and performance of the powers, duties and functions authorized by §§ 33 and 34 of Article VII of the Charter of Baltimore City (1964 Revision) {Article VII, § 32 of the City Charter (1996 Edition)}. (c) The Commissioner of the Department of Housing and Community Development is hereby authorized and directed to exercise and perform all of those authorities, powers, responsibilities, rights and/or duties imposed or conferred upon the Director of Public Works pursuant to §§ 33 and 34 of Article VII of the Charter of Baltimore City (1964 Revision) {Article VII, § 32 of the City Charter (1996 Edition)} which were, prior to the effective date of Ordinance No. 1091 of the Mayor and City Council of Baltimore, approved August 2, 1967, imposed or conferred by ordinance or otherwise upon the Building Inspection Engineer and the Zoning Commissioner. (d) Nothing in this § 2-13 shall be taken or construed to require the transfer of the Community Services Division to the Department of Housing and Community Development, and said Community Services Division shall remain in the Department of Public Works. *History: Ord. 68-152* ##### § 2-14 Conflicts of interest. Balt., Md., Code art. 13, § 2-14 (2026) (a) (1) No officer or employee of any agency of the Mayor and City Council of Baltimore which is vested with any power or authority to be exercised under the provisions of this ordinance {subtitle} shall acquire any financial interest, direct or indirect, in any land or property which may be acquired under any of the provisions of this ordinance {subtitle}. (2) If any such officer or employee owns or controls a financial interest in such land or property or involuntarily acquires the same, he immediately shall disclose such interest in writing to the Department of Housing and Community Development, and such disclosure shall be entered upon the records of the Department. (b) No such officer or employee shall have any interest, direct or indirect, in any legal entity, other than the United States of America, the State of Maryland, or the Mayor and City Council of Baltimore, or any agency thereof, or a non-profit corporation as defined by the Internal Revenue Code from time to time, which shall contract to develop, redevelop, renovate, or rehabilitate any land or property acquired pursuant to this ordinance {subtitle}. (c) If any provision of this section conflicts with any provision of City Code Article 8 {”Ethics”}, the more stringent provision prevails. *History: Ord. 68-152* *History: Ord. 82-807* *History: Ord. 04-795* #### Subtitle 2A – Affordable Housing Program ##### § 2A-1 Definitions. Balt., Md., Code art. 13, § 2A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee. (c) “Developer” means any person, firm, partnership, association, joint venture, corporation, or other for-profit or not-for-profit entity or combination of entities that develops or owns residential real estate. (d) “Eligible household” means a household with an aggregate annual income of less than or equal to 150% of the median area income, adjusted for household size, as published and annually updated by the United States Department of Housing and Urban Development. (e) “Eligible property” means any structure or lot in Baltimore City that meets or, on completion of renovation or construction, will meet the requirements for dwellings set forth in the City Zoning Code Article and the City Building, Fire, and Related Codes Article. (f) “Neighborhood” means an area delineated by a commonly accepted boundary, as determined by the Director of Planning. (g) “Program” means the Baltimore Affordable Housing Program established under this subtitle. *History: Ord. 06-181* ##### § 2A-2 Findings. Balt., Md., Code art. 13, § 2A-2 (2026) (a) The Mayor and City Council of Baltimore find as follows. (b) There is a need to develop programs to improve and expand housing opportunities for working families and other persons of low and moderate income. (c) Economic diversity in our neighborhoods, including a strong and stable middle class, will stimulate economic investment, promote neighborhood stability, and increase public safety for all. (d) Private sector individuals and businesses, as the primary source of housing and economic development activity, have not alone been able to create economically diverse neighborhoods or developments or to develop workforce housing for the broad range of incomes that will lead to economic diversity. (e) Baltimore City can assemble and prepare sites and provide financial incentives to developers, eligible households, and non-profit organizations to promote economically diverse housing in City neighborhoods, to increase housing opportunities for working families and other persons of low and moderate income, and to reduce blight in neighborhoods. *History: Ord. 06-181* ##### § 2A-3 Program established. Balt., Md., Code art. 13, § 2A-3 (2026) (a) There is a Baltimore Affordable Housing Program, established for the purposes of: (1) promoting economically diverse housing in City neighborhoods; and (2) increasing housing opportunities for working families and other persons of low and moderate income. (b) The Commissioner of Housing and Community Development shall administer the Program consistent with this subtitle. (c) (1) Eligible activities authorized under this section must be conducted at a scale that, in the opinion of the Commissioner, is sufficient to address completely the blighting influences existing in the project area. For this purpose, the “project area” may be no smaller than a single block face comprising both sides of a street or way. (2) The Commissioner, in his or her discretion, shall use Program funds for the purposes of: (i) the acquisition, structural stabilization, and demolition of real property by the City {City Code Article 13, Subtitle 2}; (ii) the relocation of households, when that relocation is associated with the acquisition, structural stabilization, and demolition of real property by the City {City Code Article 13, Subtitle 2}; and (iii) the administration and marketing of the eligible activities described in this subsection. (3) The Commissioner, in his or her discretion, shall use Program funds to provide appropriate financial incentives, including grants and loans, to developers, non-profit organizations, and eligible households for the purposes of: (i) the orderly and sustainable planning, preservation, rehabilitation, and development of economically diverse housing in City neighborhoods; (ii) rental payment or home purchase assistance on behalf of eligible households for primary residency in eligible properties; and (iii) the provision of buyer education and housing counseling services to eligible households in connection with housing opportunities in City neighborhoods and to maximize home ownership. *History: Ord. 06-181* ##### § 2A-4 Rules and regulations. Balt., Md., Code art. 13, § 2A-4 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner shall adopt rules and regulations to carry out this subtitle. (b) All rules and regulations adopted under this section must be approved by the Board of Estimates before they may take effect. *History: Ord. 06-181* *History: Text Conformed 02/19/21* ##### § 2A-5 Program capitalization. Balt., Md., Code art. 13, § 2A-5 (2026) It is the intent of the Mayor and City Council of Baltimore that the Program be capitalized annually by appropriations of the Mayor and City Council of Baltimore. *History: Ord. 06-181* ##### § 2A-6 Annual report. Balt., Md., Code art. 13, § 2A-6 (2026) The Commissioner shall issue to the Mayor and City Council of Baltimore an annual report that describes the Program’s performance in the preceding year. *History: Ord. 06-181* #### Subtitle 2B – Inclusionary Housing Requirements ##### Part I – Definitions; General Provisions ###### § 2B-1 Definitions – General. Balt., Md., Code art. 13, § 2B-1 (2026) (a) In this Subtitle, the following terms have the meanings indicated. (b) “Board” means the Inclusionary Housing Board established by this subtitle. (c) “Commissioner” means the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee. (d) “Developer” means any person, firm, partnership, association, joint venture, corporation, or other entity or combination of entities that undertakes a residential project. (e) “Department” means the Department of Housing and Community Development. (f) “Dwelling unit” or “unit” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code. (g) “Housing funds” means Federal, State, or City funds designated explicitly for the purpose of providing affordable housing. (h) (1) “Major public subsidy” means the provision by the City or any of its agents or contractors of funds, resources, or financial assistance for a residential project. (2) “Major public subsidy” includes: (i) the sale or transfer of land substantially below its appraised value; (ii) payment in lieu of taxes; (iii) tax increment financing; (iv) grants or loans that equal or exceed 15% of total projected project costs; (v) tax credits; or (vi) any other funds, resources, or financial assistance provided by the City as determined by any rule or regulation promulgated under this subtitle. (i) “Neighborhood” means an area delineated by commonly accepted boundary, as determined by the Planning Director. (j) “Penthouse” means a floor on top of the uppermost story of a building, that is used for residential purposes and has luxurious features. (k) “Planning Director” means the Director of the Department of Planning or the Director’s designee. (l) “Residential project” means any new construction or any substantial renovation of an existing building that is designed, in whole or in part, to provide residential units. (m) “Significant land use authorization” means any action of the Mayor, City Council, Board of Municipal and Zoning Appeals, or Zoning Administrator that increases the permissible number of dwelling units in a land area by 20 or more dwelling units above the number of dwelling units permitted before the action. *History: Ord. 07-474* *History: Ord. 14-264* *History: Ord. 15-427* *History: Ord. 22-124* *History: * *History: * *History: * *History: * *History: * *History: * *History: * ###### § 2B-2 Definitions – Affordability standards. Balt., Md., Code art. 13, § 2B-2 (2026) (a) In this Subtitle, the following terms relating to affordability standards have the meanings indicated. (b) (1) An “extremely low” housing cost equals an amount not more than 1/12 of 30% of 30% of the AMI, adjusted for household size. (2) A “very low” housing cost equals an amount greater than 1/12 of 30% of 30% of the AMI, but not more than 1/12 of 30% of 50% of the AMI, adjusted for household size. (3) A “low” housing cost equals an amount greater than 1/12 of 30% of 60% of the AMI, but not more than 1/12 of 30% of 60% of the AMI, adjusted for household size. (4) A “moderate” housing cost equals an amount greater than 1/12 of 30% of 80% of the AMI, but not more than 1/12 of 30% of 80% of the AMI, adjusted for household size. (c) “Affordable unit” means a dwelling unit that is required by this subtitle to be provided to a family earning an income that is either: (1) low income; (2) moderate income; (3) very low income; or (4) extremely low income. (d) “AMI” means the area median income for the metropolitan region that encompasses Baltimore City, as published and annually updated by the United States Department of Housing and Urban Development. (e) “Eligible household” means a household with extremely low, very low, low, or moderate income. (f) “Extremely low income” means a household income below 30% AMI. (g) “Housing cost” means for rental units, a monthly payment for lease, sublet, let, or other rights to occupy a residential unit, excluding utilities, parking, and discretionary fees. (h) “Low income” means a household income at or below 60% AMI. (i) “Market rate” means not restricted to an affordable rent or affordable ownership cost. (j) “Moderate income” means a household income at or below 80% AMI. (k) “Very low income” means a household income at or below 50% AMI. *History: Ord. 07-474* *History: * *History: * *History: * *History: * *History: * *History: * *History: * *History: * ###### § 2B-3 Rules and regulations. Balt., Md., Code art. 13, § 2B-3 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner, in consultation with the Planning Commission, must adopt rules and regulations to carry out the provisions of this subtitle. (b) These rules and regulations may include provisions for: (1) defining, clarifying, or construing terms used in this subtitle; (2) determining eligibility to rent affordable units; and (3) setting standards for rental prices for affordable units. (c) (1) The rules and regulations must require the Inclusionary Housing Board, the Housing Commissioner, and the Planning Department to provide timely and definitive responses to all submissions required from a developer under this subtitle. (2) The Department shall compile the rules and regulations adopted under this section in a manual and make that manual available to the public. *History: Ord. 07-474* *History: Text Conformed 02/19/21* *History: * *History: * *History: * *History: * *History: * *History: * *History: * ###### §§ 2B-4 to 2B-10 Balt., Md., Code art. 13, § 2B-4 to 2B-10 (2026) Reserved *History: * *History: * *History: * *History: * *History: * *History: * *History: * ##### Part II – Inclusionary Housing Board ###### § 2B-11 Board Established. Balt., Md., Code art. 13, § 2B-11 (2026) There is an Inclusionary Housing Board. *History: Ord. 07-474* *History: * *History: * ###### § 2B-12 Composition. Balt., Md., Code art. 13, § 2B-12 (2026) (a) The Board is comprised of the following 10 members: (1) 4 members appointed by the Mayor and confirmed by the City Council in accordance with City Charter article IV, § 6; and (2) 3 members nominated by the Council President, appointed by the Mayor, and confirmed by the City Council in accordance with City Charter Article IV, § 6; (3) the Housing Commissioner or the Housing Commissioner’s designee; (4) the Planning Director or the Planning Director’s designee; and (5) the Director of the Office of Equity and Civil Rights or the Director’s designee, who shall serve as a non-voting member of the Board. (b) (1) Of the 4 members appointed by the Mayor: (i) 1 must be a for-profit developer with experience in public financing; (ii) 1 must be a lender or investor with experience in multi-family projects and public financing or a mixed income or multi-family developer; (iii) 1 must have experience in housing, community development, planning, social services, or public health; and (iv) 1 must be a renter earning an income at or below 60% AMI. (2) Of the 3 members nominated by the Council President: (i) 1 must be a for-profit multi-family developer that uses public financing, subsidies, or tax credits; (ii) 1 must be a nonprofit affordable housing developer; and (iii) 1 must be a renter earning an income at or below 60% AMI. (c) All of the members must be residents of the City. *History: Ord. 07-474* *History: Ord. 13-126* *History: * *History: * *History: * ###### § 2B-13 Board officers; expenses. Balt., Md., Code art. 13, § 2B-13 (2026) (a) (1) The Mayor designates 1 of the appointed members to be the Chair of the Board. (2) The Board may appoint a Vice-Chair and other officers as necessary or appropriate. (b) The members of the Board: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. *History: Ord. 07-474* *History: Ord. 16-503* *History: * *History: * ###### § 2B-14 Meetings; quorum; voting. Balt., Md., Code art. 13, § 2B-14 (2026) (a) The Board meets on the call of the Chair as frequently as required to perform its duties. (b) A majority of the members constitutes a quorum for the transaction of business. (c) An affirmative vote of at least a majority of a quorum is needed for any official action. *History: Ord. 07-474* *History: * *History: * ###### § 2B-15 Staff. Balt., Md., Code art. 13, § 2B-15 (2026) The Department of Housing and Community Development must provide staff for the Board. *History: Ord. 07-474* *History: * *History: * ###### § 2B-16 Annual Report. Balt., Md., Code art. 13, § 2B-16 (2026) (a) On or before December 31 of each year, the Commissioner must: (1) submit a report to the Mayor and the City Council, the Board,and to the Planning Commission that assesses efforts during the preceding fiscal year to create and sustain inclusionary housing in the City; (2) post the report on the Department of Housing and Community Development’s website; and (3) file the report with the Department of Legislative Reference. (b) The report must include: (1) the total number of new affordable units created under this subtitle for that year and cumulatively for moderate, low, very low, and extremely low income households; (2) for that year, the percent of new dwelling units created in the City that are affordable units for moderate, low, very low, and extremely low income households; (3) aggregated annual data provided under § 2B-24{“Annual report - Residential project.”} of this subtitle; and (4) attach the annual reports from the properties with new affordable units created under this subtitle. *History: Ord. 07-474* *History: * *History: * *History: * ###### § 2B-17 Duties. Balt., Md., Code art. 13, § 2B-17 (2026) In addition to the other duties specified elsewhere in this subtitle, the Board is responsible for: (1) reviewing and providing comments on the regulations promulgated under § 2B-3 {“Rules and Regulations”} of this subtitle; and (2) reviewing and providing comments on inclusionary housing plans submitted by residential projects to the Board as required under § 2B-22 {“Inclusionary housing plan”} of this subtitle. *History: Ord. 07-474* *History: * *History: * *History: * ###### §§ 2B-18 to 2B-20 Balt., Md., Code art. 13, § 2B-18 to 2B-20 (2026) Reserved *History: * *History: * ##### Part III – Inclusionary Requirements ###### § 2B-21 Inclusionary requirements. Balt., Md., Code art. 13, § 2B-21 (2026) (a) This section applies to any residential project : (1) that provides 20 or more dwelling units; (2) that receives: (i) a major public subsidy; or (ii) a significant land use authorization; (3) that is newly constructed, wholly renovated, or converted from a non-residential building; and (4) the cost of the construction or conversion exceeds $60,000 per rental unit. (b) (1) In every residential project subject to this section, at least 5% of all dwelling units for rent must be affordable units to low income households. (2) In every residential project subject to this section, at least 5% of all dwelling units for rent must be affordable units to very low income households. (3) In every residential project where the developer is offered an additional subsidy or offered the opportunity to apply for an additional subsidy for affordable units for very low income or extremely low income households, up to an additional 5% of dwelling units for rent must be affordable to very low and extremely low income households upon an award of the additional subsidy. (c) If the City negotiates or a residential project promises to provide a greater percentage of affordability or longer time period of affordability, that more restrictive provision governs over the requirements of this subtitle to the extent of any conflict. (d) The provisions of this section do not apply to: (1) dormitories, as defined in § 1-305(g) of the Zoning Code; (2) fraternity or sorority houses, as defined in § 1-306(p) of the Zoning Code; (3) residential-care facilities, as defined in § 1-312(p) of the Zoning Code; or (4) a residential project that is designed for, marketed to, and leased to students enrolled in accredited educational institutions located in Baltimore City, also known as “student housing”. *History: Ord. 07-474* *History: * *History: * *History: * *History: * ###### § 2B-22 Inclusionary housing plan. Balt., Md., Code art. 13, § 2B-22 (2026) (a) Residential projects subject to the affordability unit requirements of this subtitle must submit an inclusionary housing plan to the Department of Housing and Community Development and the Inclusionary Housing Board when applying for a building permit. (b) (1) Residential projects required to submit an inclusionary housing plan under subsection (a) must submit a plan in the form established by the Commissioner. (2) An inclusionary housing plan must include a plan for affirmatively marketing the affordable units in the residential project to those individuals least likely to apply to become tenants without special outreach efforts. (c) Before the City issues building permits for a residential project that is subject to the affordability unit requirements of this subtitle, the residential project’s inclusionary housing plan must first be reviewed and commented upon by the Inclusionary Housing Board. (d) The Commissioner, with the advice and consent of the Inclusionary Housing Board, shall create and amend as necessary a form for an inclusionary housing plan. *History: Ord. 07-474* *History: Ord. 16-581* *History: * *History: * *History: * *History: * ###### § 2B-23 Fair housing laws and regulations. Balt., Md., Code art. 13, § 2B-23 (2026) All residential projects created under this subtitle are subject to applicable federal, state, and local housing laws and regulations. *History: Ord. 07-474* *History: Ord. 16-581* *History: * *History: * *History: * *History: * ###### § 2B-24 Annual report – Residential project. Balt., Md., Code art. 13, § 2B-24 (2026) (a) Residential projects subject to the affordability requirements of this subtitle must submit an annual report to the Department and the Inclusionary Housing Board. (b) The contents of the annual report required under subsection (a) of this section must include: (1) the number of affordable units in the residential project for each income level applicable under this subtitle; (2) the square footage of each bedroom in each affordable unit; (3) whether an affordable unit is leased and occupied at the time of the report and to which income level the tenant belongs; (4) whether or not the residential project is in compliance with the inclusionary housing plan; (5) the number of tenants, delineated by group, occupying affordable units who were identified as belonging to a group least likely to lease as a result of the affirmative marketing required under § 2B-22(b) {“Inclusionary housing plan requirements”} of this subtitle; (6) an accounting of the monthly rent collected for each affordable unit for that year, as prepared by an independent accountant; (7) a comparison, displayed as both a number and percentage, of the monthly rent collected for each affordable unit against the monthly rent that could have been collected if each affordable unit was a market-rate unit, as prepared by an independent accountant; (8) an accounting of the efficacy of the high-performance inclusionary tax credit; (9) the type of major public subsidy that made the residential project subject to the affordability unit requirements of this subtitle; and (10) any additional information related to compliance with this subtitle or any rules and regulations issued under this subtitle as determined by the Commissioner. (c) The Commissioner will prominently post all annual reports required under subsection (a) of this section on the City’s website. *History: Ord. 07-474* *History: * *History: * *History: * *History: * ###### §§ 2B-25 to 2B-30 Balt., Md., Code art. 13, § 2B-25 to 2B-30 (2026) Reserved *History: * *History: * *History: * *History: * ##### Part IV – Standards for Affordable Units ###### § 2B-31 Comparable design. Balt., Md., Code art. 13, § 2B-31 (2026) The affordable units required by this subtitle: (1) must be complementary to the market rate units in the same project as to their exterior appearance; (2) must be comparable to the market rate units in the same project as to: (i) number of bedrooms; and (ii) overall quality of construction; and (3) may vary in size and finish, consistent with standards set forth in the Commissioner’s rules and regulations. *History: Ord. 07-474* *History: * *History: * *History: * *History: * ###### § 2B-32 Placement. Balt., Md., Code art. 13, § 2B-32 (2026) (a) The affordable units required by this subtitle must be dispersed throughout the residential project. (b) The affordable units required by this subtitle must be constructed and completed in the same time frame as the market rate units of the project. *History: Ord. 07-474* *History: * *History: * *History: * *History: * ###### § 2B-33 Affordable unit count. Balt., Md., Code art. 13, § 2B-33 (2026) (a) The mix of affordable units required by this subtitle must be at the same ratio as the offerings for the building as a whole. (b) If a building offers different price points for units with identical numbers of bedrooms and bathrooms, the inclusionary unit must be for the floor plan with the lowest monthly rent. (c) No penthouse units will be included in the count of affordable units. *History: Ord. 07-474* *History: * *History: * *History: * *History: * ###### § 2B-34 Right of first refusal. Balt., Md., Code art. 13, § 2B-34 (2026) Reserved Repealed. *History: Ord. 07-474* *History: * *History: * *History: * *History: * ###### § 2B-35 Eligibility to purchase or rent. Balt., Md., Code art. 13, § 2B-35 (2026) Reserved Repealed. *History: Ord. 07-474* *History: * *History: * *History: * *History: * ###### § 2B-36 Management of rental units. Balt., Md., Code art. 13, § 2B-36 (2026) An affordable rental unit provided under this subtitle must be managed under the same management standards as all market-rate rental units in the development. *History: Ord. 07-474* *History: * *History: * *History: * *History: * ###### § 2B-37 Master leasing affordable units. Balt., Md., Code art. 13, § 2B-37 (2026) (a) The City or designated housing providers may enter master lease agreements to manage affordable units developed to comply with § 2B-21(b)(2) {“Inclusionary requirements.”} of this article. (b) The Commissioner may designate housing providers to manage and rent affordable units in accordance with the regulations and procedures adopted by the Commissioner. *History: * *History: * *History: * *History: * ###### §§ 2B-38 to 2B-40 Balt., Md., Code art. 13, § 2B-38 to 2B-40 (2026) Reserved *History: * *History: * *History: * ##### Part V – Continued Affordability ###### § 2B-41 Rental units. Balt., Md., Code art. 13, § 2B-41 (2026) (a) (1) Every affordable rental unit subject to this subtitle must remain at an affordable housing cost, as provided in this section, for a period of not less than 30 years from the date of its initial occupancy. (2) 1 year prior to the expiration of the affordability period, the owner shall notify the Department of Housing and Community Development of the opportunity to master lease the affordable units, at which time, the City or designated nonprofit housing providers may have the first right of refusal to master lease the affordable units to continue affordability after the affordability period expires. (b) During the affordability period, the owner of the rental property may not rent or lease any affordable unit and a tenant may not sub-rent or sublease the unit except to an eligible household at a rent that does not exceed an affordable rent applicable to that unit. (c) (1) All affordable units under this section must be initially leased to moderate, low, very low, or extremely low income households, as outlined in § 2B-21 of this subtitle {“Inclusionary requirements”}. (2) If a tenant’s income increases: (i) the tenant will be allowed to stay in the unit; and (ii) the tenant’s rent can be increased at the same ratio as the original leasing. (3) If the income of a tenant in an affordable unit, as described in this section, increases to 100% of AMI: (i) the tenant shall pay full market rent; and (ii) another unit must be made available to comply with the affordability requirements in this section. (d) The owner of an affordable rental unit: (1) at all times must comply with all building, fire, safety, and other codes applicable to rental units; and (2) in providing maintenance and other services to rental units in the residential project, may not discriminate in any way against affordable units. *History: Ord. 07-474* *History: * *History: * *History: * *History: * *History: * *History: * ###### §§ 2B-42 to 2B-50 Balt., Md., Code art. 13, § 2B-42 to 2B-50 (2026) Reserved *History: * *History: * *History: * *History: * *History: * ##### Part VI – Administrative Review, Judicial Review, and Penalties. ###### § 2B-51 Administrative appeals. Balt., Md., Code art. 13, § 2B-51 (2026) (a) Any person aggrieved by a decision or ruling of the Commissioner under this subtitle may appeal that decision or ruling to the Board of Municipal and Zoning Appeals. (b) The appeal must be taken in writing within 15 days from the date of notice of the decision or ruling. (c) The Board: (1) must hold a hearing on the appeal as soon as practicable; and (2) may affirm, modify, or reverse the action from which the appeal was taken. *History: Ord. 07-474* *History: * *History: * *History: * *History: * *History: * ###### § 2B-52 Judicial and appellate review. Balt., Md., Code art. 13, § 2B-52 (2026) (a) A party aggrieved by a final decision of the Board of Municipal and Zoning Appeals under § 2B-51 {“Administrative appeals”} of this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 07-474* *History: * *History: * *History: * *History: * *History: * *History: * ###### § 2B-53 Penalties. Balt., Md., Code art. 13, § 2B-53 (2026) (a) The Department of Housing and Community Development shall issue a fine of no more than $1,000 to a person who violates a provision of this subtitle or a rule, regulation, or order adopted or issued under this subtitle. (b) Each violation a person commits of a provision of this subtitle or a rule, regulation, or order adopted or issued under this subtitle is a separate offense. (c) Each day that a violation continues is a separate offense. *History: * *History: * *History: * *History: * *History: * #### Subtitle 3 – Human Services Division ##### § 3-1 Declaration of policy and findings of fact. Balt., Md., Code art. 13, § 3-1 (2026) (a) The City Council finds that: (1) there live within the City of Baltimore persons and families who subsist in conditions of abject poverty; (2) there are concentrations of such persons and families in certain deteriorated neighborhoods within the City; (3) illiteracy, illegitimacy, crime, juvenile delinquency, ill health, and other symptoms of social breakdown all result from or are coincidental with such poverty and are rampant in said neighborhoods; (4) many of said impoverished persons and families are dependent upon public subsidy for their subsistence; and (5) many of the services available to help them attain a state of economic self-sufficiency and social productivity either are not being utilized by them or are being inappropriately utilized in uncoordinated, piecemeal fashion. (b) The City Council further finds that: (1) to eliminate the causes of poverty and the problems attendant upon it, it is imperative for the City of Baltimore to engage in a total program of concerted community action which will harness and synchronize its resources for remedial education, job training, health care, environmental improvement, social and physical rehabilitation, and training in home management and healthy family living; and (2) such a program, to be effective, must attack the problem at its source, in the neighborhoods. *History: Ord. 93-274* *History: Ord. 22-124* ##### § 3-2 Human Services Division; Commission. Balt., Md., Code art. 13, § 3-2 (2026) (a) There is hereby created the Human Services Division in the Department of Housing and Community Development. (b) The Division shall have such powers and responsibilities as are granted to community action agencies under state law, and such other powers as are granted to it by law, ordinance, or resolution. (c) There is hereby created the Human Services Commission, with membership as provided in this subtitle and with powers and responsibilities as may be determined by the Board of Estimates. (d) The Commission shall be composed of 31 members: (1) ⅓ of the members shall be elected public officials selected by the Mayor to serve ex officio, or their representatives; (2) at least ⅓ of the members shall be persons chosen by a democratic selection method as determined by the Mayor to assure that they are representative of the poor in the area served; (3) the other members shall be officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community appointed by the Mayor pursuant to Article IV, § 6, of the Baltimore City Charter (1964 Revision, as amended). (e) (1) If a vacancy occurs on the Commission, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (2) The Commission members shall serve without compensation, but shall be reimbursed for all expenses necessarily incurred. (f) (1) Each member of the Commission shall serve for a term of 4 years, concurrent with the Mayor’s term of office, and until his or her successor is duly appointed and qualified. (2) No member may serve more than 1 full term, more than 5 consecutive years, or more than a total of 10 years. (g) (1) Each member of the Commission shall be entitled to 1 vote. (2) A majority of said Commission shall constitute a quorum for the transaction of any business or the exercise of any power in the performance of any duty authorized or imposed by this subtitle. (3) The Mayor shall designate one appointed member of the Commission as its Chair, and the Commission shall elect a member as its Vice-Chair. *History: Ord. 93-274* *History: Ord. 99-526* ##### § 3-3 Staff. Balt., Md., Code art. 13, § 3-3 (2026) (a) (1) The Mayor shall appoint an Executive Deputy Commissioner, who shall be the head of the Division. (2) The Executive Deputy Commissioner shall serve for a period of 4 years and shall be appointed in the manner designated in Article IV, § 6 of the Baltimore City Charter (1964 Revision, as amended). (3) The Executive Deputy Commissioner shall have such duties as the Mayor shall impose upon the Executive Deputy Commissioner to execute the powers granted under this subtitle. (4) Until such time as an Executive Deputy Commissioner is appointed as provided herein, the Mayor shall appoint an Interim Executive Deputy Commissioner who shall perform the duties of the office until the aforesaid appointment is made. (b) (1) The Executive Deputy Commissioner, when employing such other persons as may be required, shall comply with the provisions of the Baltimore City Charter relating to Civil Service. (2) Compensation of all persons so employed by the Division and all other necessary expenses shall be paid at such rates and in such amounts as the Board of Estimates shall approve and in accordance with the annual Ordinance of Estimates of the City of Baltimore. *History: Ord. 93-274* ### Division II – Dwellings and Vacant Structures #### Subtitle 4 – Registration of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures ##### § 4-1 Definitions. Balt., Md., Code art. 13, § 4-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee. (c) “Dwelling unit” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code. (d) “Multiple-family dwelling” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code. (e) (1) “Non-owner-occupied dwelling unit” means any: (i) dwelling unit that is unoccupied; (ii) dwelling unit that, even if occupied, is not occupied by an owner of record; or (iii) dwelling unit that, even if occupied, is not designated by the State Department of Assessments and Taxation as the owner’s principal residence in accordance with the criteria governing the State Homestead Tax Credit. (2) For purposes of this definition: (i) an owner may only have one owner-occupied dwelling unit in Baltimore City; and (ii) an owner-occupied unit must be titled to a natural person. (f) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 4-17 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. (g) “Rooming house” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code. (h) “Rooming unit” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code. (i) (1) “Vacant structure” means any structure that is subject to an unabated violation notice issued under § 116 {“Unsafe Structures”} of the Baltimore City Building Code. (2) “Vacant structure” does not include an accessory structure that is not intended for occupancy, such as a garage, shed, or storage building. *History: Ord. 02-475* *History: Ord. 05-170* *History: Ord. 10-342* *History: Ord. 10-372* *History: Ord. 13-093* *History: Ord. 17-068* *History: Ord. 18-130* *History: Ord. 19-332* *History: Ord. 20-428* *History: Ord. 22-124* *History: Ord. 22-125* *History: * ##### § 4-2 Scope. Balt., Md., Code art. 13, § 4-2 (2026) This subtitle applies to: (1) every non-owner-occupied dwelling unit, whether or not it is occupied, fit for human habitation, or revenue producing; (2) every vacant structure, whether it is a residential structure, a non-residential structure, or other; and (3) every rooming house. *History: Ord. 02-475* *History: Ord. 10-342* *History: Ord. 10-372* *History: * ##### § 4-3 Rules and regulations. Balt., Md., Code art. 13, § 4-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner may adopt rules and regulations to carry out this subtitle. *History: Ord. 02-475* *History: Text Conformed 02/19/21* *History: * ##### § 4-4 Balt., Md., Code art. 13, § 4-4 (2026) Reserved *History: * ##### § 4-5 Registration required. Balt., Md., Code art. 13, § 4-5 (2026) (a) (1) The owner of any non-owner-occupied dwelling unit or of any rooming house must file an annual registration statement for that unit or rooming house with the Commissioner. (2) The owner of any vacant structure must file an annual registration statement for that structure with the Commissioner. (b) (1) A new owner of a non-owner-occupied dwelling unit or of a rooming house must file the registration statement within 10 days of acquiring title to the unit or rooming house. (2) If the previous owner had registered the unit or rooming house and paid the applicable registration fee for the current registration period, the new owner need not pay any registration fee for that registration period. (c) The owner of a vacant structure, whether or not previously registered as a non-owner-occupied dwelling unit or as a rooming house, must file a new registration statement and pay the fee applicable to vacant structures, within 10 days of the property’s becoming a vacant structure. *History: Ord. 02-475* *History: Ord. 05-170* *History: Ord. 10-342* *History: Ord. 10-372* *History: * ##### § 4-6 Registration statement. Balt., Md., Code art. 13, § 4-6 (2026) (a) Each registration statement must be in the form that the Commissioner requires and contain the following information: (1) a description of the premises by street number or by block-and-lot; (2) the name, street address, telephone number, and email address of the premises’ owner of record; (3) the name, street address, telephone number, and email address of the premises’ managing operator, if other than the owner; and (4) if the owner is a corporation, partnership, limited partnership, limited liability company, or similar entity, the name, street address, telephone number, and email address of a natural person who serves as the owner’s chief executive officer, managing partner, or managing member, or in a similarly authoritative position. (b) The Commissioner must be notified within 10 days of any change in the identity of or contact information for the owner of record or any other person listed in the registration statement. *History: Ord. 02-475* *History: Ord. 10-342* *History: Ord. 18-130* *History: * ##### § 4-7 Balt., Md., Code art. 13, § 4-7 (2026) Reserved *History: * ##### § 4-8 Registration fees. Balt., Md., Code art. 13, § 4-8 (2026) (a) (1) Except as otherwise specified in this section, an annual registration fee must be paid for rooming houses at the rate of $25 per rooming unit. (2) For any rooming house that has had the term of its rental dwelling license reduced under § 5-9(c) or (d) {“Rental dwellings: Tiered license terms”} of this article to a 1-year term, the annual registration fee under paragraph (1) of this subsection for each succeeding registration year beginning after the start of each 1-year rental dwelling license term is increased by an additional $15 per rooming unit, which additional amount shall be deposited in the continuing, nonlapsing fund created by City Charter Article I, § 14 {“Affordable Housing Trust Fund”}. (b) (1) Except as otherwise specified in this section, an annual registration fee must be paid for non-owner-occupied dwelling units at the following rates:

(1) for properties with 1 and 2 dwelling units –

$30 per dwelling unit.

(2) for multiple-family dwellings –

$35 per dwelling unit,
plus $25 per rooming unit.
(2) For any dwelling that has had the term of its rental dwelling license reduced under § 5-9(c) or (d) {“Rental dwellings: Tiered license terms”} of this article to a 1-year term, the annual registration fee under paragraph (1) of this subsection for each succeeding registration year beginning after the start of each 1-year rental dwelling license term is increased by an additional $15 per dwelling or rooming unit, which additional amount shall be deposited in the continuing, nonlapsing fund created by City Charter Article I, § 14 {“Affordable Housing Trust Fund”}. (c) Except as otherwise specified in this section, an annual registration fee, in addition to any fee that might also be required by subsection (a) or (b) of this section, must be paid for vacant structures at the following rates:

(1) for residential structures –

$100 per structure.

(2) for all other structures –

$250 per structure.
(d) These fees must all be paid at the time of registration. (e) No fee is charged for: (1) any dwelling unit, rooming house, or vacant structure that is owned by a governmental entity or an instrumentality or unit of a governmental entity; or (2) any dwelling unit that is not in a vacant structure and is owned by a nonprofit religious, charitable, or educational institution or organization. *History: Ord. 02-475* *History: Ord. 10-342* *History: Ord. 10-372* *History: Ord. 18-130* *History: Ord. 19-332* *History: * ##### § 4-9 Term and renewal. Balt., Md., Code art. 13, § 4-9 (2026) A registration expires on December 31 of each year, unless it is renewed and the annual registration fee paid before then. *History: Ord. 02-475* *History: Ord. 18-130* *History: * ##### § 4-10 Balt., Md., Code art. 13, § 4-10 (2026) Reserved *History: * ##### § 4-11 Interest and late fees. Balt., Md., Code art. 13, § 4-11 (2026) (a) If a person fails to pay the registration fee imposed by this subtitle within 30 days of the date on which it is due, the person is liable for the following, in addition to the registration fee: (1) interest at the rate of 1% for each month or fraction of a month that the registration fee is overdue; and (2) a late fee at the rate of 1% for each month or fraction of a month that the registration fee is overdue. (b) (1) All registration fees, interest, and late fees provided for in this section are a personal debt owed by the owner of the property. (2) These fees and interest: (i) are a lien on the property in favor of the Mayor and City Council of Baltimore; and (ii) may be collected or enforced the same as any other debts or liens due to or in favor of the Mayor and City Council of Baltimore. *History: Ord. 02-475* *History: Ord. 04-832* *History: Ord. 10-372* *History: * ##### § 4-12 Vacant structures: Posting ownership information. Balt., Md., Code art. 13, § 4-12 (2026) (a) The Department of Housing and Community Development shall affix, in a position that is conspicuous and visible from the street or road fronting the property, a sign containing: (1) the information set forth in § 4-6(a) {“Registration statement: Form and contents”} of this subtitle; or (2) at a minimum, information on how to access the information set forth in § 4-6(a) {“Registration statement: Form and contents”} of this subtitle. (b) The sign required by subsection (a) of this section must be posted within 10 days of registering the vacant structure with the Commissioner under § 4-5 {“Registration required”} of this subtitle. (c) In addition to the requirements set forth in subsection (a) of this section, if the property is in default or in foreclosure, the sign required by this section must also include the name, address, and telephone number of any creditors or lien holders. (d) A sign required by this section must be: (1) impervious to weather conditions; (2) legibly written in a font size of not less than 18 points; and (3) no smaller than 8 ½ inches by 11 inches in size. *History: Ord. 20-428* *History: * ##### § 4-13 Balt., Md., Code art. 13, § 4-13 (2026) Reserved *History: * ##### § 4-14 Annual report. Balt., Md., Code art. 13, § 4-14 (2026) On or before June 30 of each year, the Commissioner shall submit an annual report to the Mayor and City Council detailing compliance with this subtitle, including: (1) the number of properties registered under § 4-5 {“Registration required”} of this subtitle; and (2) the number of signs that the Department of Housing and Community Development has posted on vacant structures as required by § 4-12 {“Vacant structures: Posting ownership information”} of this subtitle. *History: Ord. 20-428* *History: * ##### § 4-15 Balt., Md., Code art. 13, § 4-15 (2026) Reserved *History: * ##### § 4-16 Enforcement by citation. Balt., Md., Code art. 13, § 4-16 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 07-424* *History: Ord. 18-130* *History: Ord. 20-428* *History: * ##### § 4-17 Penalties. Balt., Md., Code art. 13, § 4-17 (2026) (a) Any person who violates a provision of this subtitle or of a rule, regulation, or order adopted or issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 02-475* *History: Ord. 18-130* *History: Ord. 20-428* *History: * #### Subtitle 5 – Licensing of Rental Dwellings ##### § 5-1 Definitions. Balt., Md., Code art. 13, § 5-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Dwelling unit” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City. (c) “Housing Commissioner” or “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee. (d) “Multiple-family dwelling” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City. (e) “Non-owner-occupied dwelling unit” has the meaning stated in § 4-1 of this article. (f) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 5-21 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. (g) (1) “Priority dwelling” means a rental dwelling: (i) with 20 or more dwelling units or rooming units; and (ii) to which 2 or more of the following criteria applied in the preceding calendar year: A. the rental dwelling was issued a violation notice under the Building, Fire, and Related Codes article relating to interior conditions that remained unabated for more than 90 days; B. the rental dwelling was issued four or more violation notices under the Building, Fire, and Related Codes article relating to interior conditions; and C. the number of recorded 311 calls related to health and habitability for a rental dwelling , which may not include requests to summon law enforcement or emergency services as prohibited under § 14-126 of the State Real Property Article, divided by the total number of dwelling and rooming units in that rental dwelling, exceeds the applicable minimum value in the table below; and
Total Number of Units Minimum Value
20 - 35 0.8
36 - 50 0.7
51 - 75 0.6
76 - 100 0.5
101 - 125 0.4
126 - 150 0.3
151+ 0.2
D. the rental dwelling’s U.S. Department of Housing and Urban Development (HUD) National Standards for the Physical Inspection of Real Estate (NSPIRE) inspection score for either of the 2 most recent NSPIRE inspections was less than or equal to 79. (2) This definition does not include any rental dwellings owned and operated by the Housing Authority of Baltimore City. (h) “Priority inspection” means: (1) the physical inspection of a priority dwelling conducted by an inspector employed by the Department of Housing and Community Development; and (2) the inspector’s written evaluation of the rental dwelling’s compliance with the City’s health and safety standards specified in the rules and regulations adopted by the Commissioner under this subtitle. (i) “Rental dwelling” means: (1) any multiple-family dwelling; (2) any rooming house; (3) any supportive housing facility; and (4) any non-owner-occupied dwelling unit in a 1- or 2-family dwelling that is leased or rented or offered or available for lease or rental in exchange for any form of consideration. (j) “Rooming house” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City. (k) “Rooming unit” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City. (l) “Supportive housing facility” has the meaning stated in § 202.2.56 of the Baltimore City Building Code. *History: Ord. 02-475* *History: Ord. 10-342* *History: Ord. 18-130* *History: Ord. 22-125* *History: Ord. 24-298* *History: * *History: * *History: * ##### § 5-2 Rules and regulations. Balt., Md., Code art. 13, § 5-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner may adopt rules and regulations to carry out this subtitle. *History: Ord. 02-475* *History: Ord. 18-130* *History: Text Conformed 02/19/21* *History: * *History: * ##### § 5-3 Balt., Md., Code art. 13, § 5-3 (2026) Reserved *History: * ##### § 5-4 License required. Balt., Md., Code art. 13, § 5-4 (2026) (a) Except as provided in subsection (b) of this section, no person may: (1) rent or offer to rent to another all or any part of any rental dwelling without a currently effective license to do so from the Housing Commissioner; or (2) charge, accept, retain, or seek to collect any rental payment or other compensation for providing to another the occupancy of all or any part of any rental dwelling unless the person was licensed under this subtitle at both the time of offering to provide and the time of providing this occupancy. (b) A license is not required under this subtitle for any rental dwelling that is owned and operated by the Housing Authority of Baltimore City. (c) (1) When the Department of Housing and Community Development has notice or actual knowledge that a rental dwelling is rented without a license as required in this section, the Commissioner shall promptly notify the record owner or the managing operator, if other than the record owner, to post a notice in the rental dwelling in an area accessible to all occupants. (2) The notice required in paragraph (1) of this subsection shall include: (i) a description of the duties and obligations of the record owner and managing operator of the rental dwelling regarding compliance with this subtitle; (ii) the civil citations and criminal penalties that may arise under §§ 5-25 and 5-26 of this subtitle; (iii) a statement that each day the violation continues is a separate offense; and (iv) any additional information the Commissioner deems necessary to include. (3) The notice must remain posted for at least 90 days or until the building is licensed, whichever is longer. (d) When the Department of Housing and Community Development has notice or actual knowledge that a rental dwelling is rented without a license as required in this section, the Commissioner shall promptly notify the Housing Authority of Baltimore City, including any information the Commissioner deems necessary. *History: Ord. 02-475* *History: Ord. 18-130* *History: * *History: * ##### § 5-5 Application for new or renewal license. Balt., Md., Code art. 13, § 5-5 (2026) (a) The application for a new or renewal rental dwelling license must be made in the form and contain the information and documentation that the Housing Commissioner requires. (b) The application must be made and signed by: (1) the record owner of the premises; and (2) the managing operator of the premises, if other than the record owner. (c) To renew a license issued under this subtitle, an application for renewal must be submitted to the Commissioner no more than 120 days before the license expires. (d) Each application for a new or renewed license, must contain the following information: (1) a description of the premises by street number and by block-and-lot numbers; (2) the name, street address, telephone number, and email address of the rental dwelling’s record owner; (3) the name, street address, telephone number, and email address of the rental dwelling’s managing operator, if other than the record owner; and (4) any other information requested by the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee. *History: Ord. 02-475* *History: Ord. 18-130* *History: * *History: * ##### § 5-6 Prerequisites for new or renewal license – In general. Balt., Md., Code art. 13, § 5-6 (2026) A rental dwelling license may be issued or renewed under this subtitle only if: (1) all dwelling units and rooming units are currently registered as required by Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures”} of this article; (2) all registration fees for these units and all related interest and late fees required by Subtitle 4 have been paid; (3) the premises have passed an inspection, as required by § 5-7 {“Prerequisites ... – Inspection”} or § 5-10 {“Priority inspections”} of this subtitle; (4) the premises are in compliance with all Federal, State, and City laws and regulations governing lead paint; (5) for premises that include a hotel or motel subject to City Code Article 15 {“Licensing and Regulation”}, Subtitle 10 {“Hotels”}, the hotel or motel is in compliance with the training, certification, and posting requirements of that subtitle; and (6) the premises are not subject to any violation notice or order that: (i) has been issued under the Baltimore City Building, Fire, and Related Codes Article; and (ii) notwithstanding the passage of more than 90 days since its issuance, has not been abated before the license issuance or renewal. *History: Ord. 02-475* *History: Ord. 10-342* *History: Ord. 13-093* *History: Ord. 15-353* *History: Ord. 18-130* *History: Ord. 19-332* *History: * *History: * ##### § 5-7 Prerequisites for new or renewal license – Inspection. Balt., Md., Code art. 13, § 5-7 (2026) (a) The inspection required by § 5-6 {“Prerequisites ... – In general”} of this subtitle must comply with either: (1) subsection (b) {“Third-party home inspections”} of this section; (2) subsection (c) {“Governmental agency inspections”} of this section; or (3) § 5-10 {“Priority inspections”} of this subtitle. (b) (1) (i) In this subsection, the following terms have the meanings indicated. (ii) “Home inspection” means a home inspector’s written evaluation of a rental dwelling’s compliance with the City’s health and safety standards specified in the Housing Commissioner’s rules and regulations adopted under this subtitle. (iii) “Home inspector” means an individual: (A) who is licensed as a home inspector under Title 16, Subtitle 3A of the State Business Occupation and Professions Article; and (B) who, as required by the rules and regulations adopted under this subtitle: 1. has registered with the Housing Commissioner as generally available to inspect and certify rental dwellings under this subsection; 2. has, as specified by the rules and regulations adopted under this subtitle, submitted to the Commissioner a conflict-of-interest statement; and 3. for each home inspection to be performed under this subsection, certifies that neither the home inspector nor any owner, partner, director, officer, employee, or agent of the home inspector or of the home inspector’s business has any financial interest in: a. the rental dwelling to be inspected; b. the record owner or operator of that rental dwelling; or c. any owner, partner, director, officer, employee, or agent of the rental dwelling’s record owner or operator. (2) (i) Before applying for a rental dwelling license or renewal license, the applicant must, at the applicant’s expense, contract with a home inspector to perform a home inspection under this section. (ii) Inspections may not be performed more than 90 days before a person submits an application for a rental dwelling license or an application for renewal of a rental dwelling license to the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee. (3) (i) For any rental dwelling that comprises 9 or fewer dwelling or rooming units, all dwelling and rooming units must be inspected under this subsection. (ii) For any multiple-family dwelling or rooming house that comprises 10 or more dwelling or rooming units, the number of units that must be inspected are as determined in the rules and regulations adopted under this subtitle. (4) (i) After the home inspection, the home inspector must issue to the applicant: (A) a written report of every inspection conducted under this section; and (B) if the rental dwelling meets the City’s health and safety standards specified in the rules and regulations adopted under this subtitle, a certificate of satisfactory compliance with those standards. (ii) The reports and the certification must be: (A) in the form required by the Commissioner; and (B) signed by the home inspector, under oath and under the home inspector’s seal. (c) (1) This subsection applies to any rental dwelling unit that is required to undergo periodic inspections conducted by a governmental agency in accordance with Federal or State inspection standards. (2) For a rental dwelling unit described in paragraph (1) of this subsection, the applicant for a license or renewal license may, in lieu of the requirements of subsection (b) {“Third-party home inspections”} of this section, submit evidence satisfactory to the Housing Commissioner that the unit has passed the most recent periodic inspection by the applicable governmental agency. (d) The Commissioner shall conduct an annual audit of inspections conducted under this section. (e) This section does not in any way prevent or limit the authority of the Housing Commissioner to conduct routine, spot, quality-control, or other inspections of rental dwellings under the City Building, Fire, and Related Codes Article. (f) Inspection reports used to satisfy § 5-6 {“Prerequisites . . . – In general”} of this subtitle must be distributed by the record owner or, the managing operator, if other than the record owner, to each resident of the rental dwelling for which a person is applying for a new or renewed rental license at the time the application for a new or renewed license is submitted. *History: Ord. 18-130* *History: * *History: * ##### § 5-8 Balt., Md., Code art. 13, § 5-8 (2026) Reserved *History: Ord. 02-475* *History: Ord. 10-342* *History: Ord. 18-130* *History: * *History: * ##### § 5-9 License terms. Balt., Md., Code art. 13, § 5-9 (2026) Each rental dwelling license and rental dwelling renewal license issued under this subtitle expires 2 years from the date of issuance. *History: Ord. 02-475* *History: Ord. 18-130* *History: * *History: * ##### § 5-10 Priority inspections. Balt., Md., Code art. 13, § 5-10 (2026) (a) A Department of Housing and Community Development inspector shall conduct priority inspections of at least 25 priority dwellings each inspection year. (b) In this subsection, the term “inspection year” means the calendar year. (c) Based on data from the previous inspection year, the Department of Housing and Community Development shall identify all priority dwellings in the City by January 31st of each inspection year. (d) Upon identifying a priority dwelling, the Department of Housing and Community Development must notify the record owner and, if one exists, the managing operator, of the following: (i) the factors that are used to identify rental dwellings as priority dwellings; and; (ii) that, because the dwelling is identified as a priority dwelling, a Department of Housing and Community Development inspector shall issue an environmental citation if a violation of a section of the City’s Property Maintenance Code listed in Article 1, § 40-14(e) {“Provisions and penalties enumerated”} is identified. (e) During each inspection year, at least 2 priority inspections must be conducted: (1) at least 4 months apart; and (2) between the months of February and November. (f) (1) A Department of Housing and Community Development inspector shall attempt to inspect at least a certain percentage of the total dwelling and rooming units in the priority dwelling, as provided for in the table below.
Total Number of Units minimum Percentage of Total Units
20 - 35 40%
36 - 50 35%
51 - 75 30%
76 - 100 25%
101 - 125 20%
126 - 150 15%
151, or more 10%
(2) A Department of Housing and Community Development inspector shall record for each unit if the inspection was either 'attempted’ or 'completed’. (g) The Commissioner of the Department of Housing and Community Development or the Commissioner’s designee shall notify the record owner and the managing operator of a priority dwelling that: (1) the record owner and the managing operator shall attend a meeting at a time and place determined by the Commissioner or the Commissioner’s designee to: (i) discuss unresolved violation notices, complaints, and property maintenance; (ii) establish a schedule for the record owner and the managing operator to abate all unresolved violation notices; (iii) establish a schedule for regular property maintenance to prevent future violations; and (iv) any other matters deemed appropriate by the Commissioner or the Commissioner’s designee; and (2) failure to attend the meeting described in paragraph (1) shall result in: (i) the denial of an application for a rental dwelling license; (ii) the denial of an application for a renewal rental dwelling license; or (iii) the revocation of a rental dwelling license. (h) (1) The record owner or managing operator of a priority dwelling shall notify all tenants of the date and time of a priority inspection no fewer than 20 days prior to the date of the priority inspection. (2) (i) The record owner and the managing operator shall deliver to all tenants directions to submit an anonymous request that the Department of Housing and Community Development inspector inspect the tenant’s dwelling unit or rooming unit as part of the priority inspection. (ii) The Commissioner of the Department of Housing and Community Development or the Commissioner’s designee shall establish the form and content of the instructions delivered to tenants under subparagraph (i) of this paragraph. *History: * *History: * ##### § 5-11 Posting license; license number. Balt., Md., Code art. 13, § 5-11 (2026) The license issued under this subtitle must be prominently displayed: (a) (1) for a multiple-family dwelling or rooming house, in the vestibule, lobby, or other public place on the premises; and (2) for a 1- or 2-family dwelling, in an area of each dwelling unit that is accessible to that unit’s occupants and to housing inspectors. (b) A license issued under this subtitle must be provided to: (1) any prospective tenant who requests an application; and (2) all existing or future tenants at the time a rental dwelling lease agreement or renewal lease agreement is: (i) offered; (ii) executed; or (iii) renewed. (c) (1) Any material advertising a rental dwelling for rent covered by this subtitle must include the rental license number for the advertised rental dwelling. (2) Any material advertising a rental dwelling for rent that is covered by this subtitle may not include a rental license number that is, pursuant to this subtitle: (i) expired; (ii) suspended; or (iii) revoked. (3) Notwithstanding anything contained in this section to the contrary, the record owner and managing operator, if any, of a newly constructed or renovated dwelling unit or rooming unit that does not yet have a rental dwelling license number shall include the following text in any lease agreement, advertising material, or other publicly facing document: “This is a newly constructed or renovated dwelling unit and does not currently have a rental license. As soon as available, a rental license will be provided to all individuals as required by Article 13, Subtitle 5 {“Licensing of Rental Dwellings”} of the Baltimore City Code.”. *History: Ord. 02-475* *History: Ord. 18-130* *History: * *History: * ##### § 5-12 Transfer of license prohibited. Balt., Md., Code art. 13, § 5-12 (2026) (a) The transfer of a rental license is prohibited under this subtitle. (b) A person shall apply for a new rental license according to the procedures established under § 5-5 {“Application for new or renewal license”} of this subtitle within 60 days of assuming: (1) record ownership of a rental dwelling; or (2) operation of a rental dwelling. *History: Ord. 02-475* *History: Ord. 18-130* *History: * *History: * ##### § 5-13 Discontinuance of multiple-family or rooming-house operations. Balt., Md., Code art. 13, § 5-13 (2026) Notwithstanding any discontinuance, in whole or in part, of a multiple-family dwelling’s or a rooming house’s operations, a license issued under this subtitle is still required unless the Housing Commissioner has issued a permit reflecting a change of use for the property. *History: Ord. 02-475* *History: Ord. 18-130* *History: * ##### § 5-14 Balt., Md., Code art. 13, § 5-14 (2026) Reserved *History: * ##### § 5-15 Denial, suspension, or revocation of license – In general. Balt., Md., Code art. 13, § 5-15 (2026) (a) In this section, “nuisance property” means any property that is maintained or operated so as to cause or allow a nuisance of the sort described in any 1 or another of the following definitions: (1) State Code Real Property Article, § 14-120(a)(5) {defining “nuisance”}; (2) City Code Article 19, § 43-1(l) {defining “public nuisance”}; (3) City Code Article 19, § 43B-1(b) {defining “neighborhood nuisance”}; and (4) City Code Article 19, § 43B-1(o) {defining ”unruly social event”}. (b) Subject to the hearing provisions of § 5-16 of this subtitle, the Housing Commissioner may deny, suspend, or revoke a rental dwelling license or renewal license for any of the following causes: (1) making any material false statement in an application for an initial or renewal license; (2) fraudulently or deceptively obtaining a rental dwelling license for oneself or for another; (3) fraudulently or deceptively using a rental dwelling license; (4) falsifying any inspection report or certificate; (5) refusal by a record owner or operator of a rental dwelling to allow the Commissioner to conduct a routine, spot, quality-control, proactive, or other inspection of the rental dwelling as authorized by this subtitle or the City Building, Fire, and Related Codes Article; (6) failing to abate within 120 days of issuance any violation notice, order, or citation for violating any provision of the City Building, Fire, and Related Codes Article, the City Health Article, or the Zoning Code of Baltimore City; (7) failing to abate any violation notice issued during a priority inspection within the time required; (8) failing to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle; or (9) if the Housing Commissioner finds, or if the Fire Chief, Health Commissioner, or Police Commissioner certify to the Housing Commissioner, that: (i) the record owner, operator, or lessee of a rental dwelling has failed to comply with any lawful notice, order, or citation to correct a violation that affects the health, safety, morals, or general welfare of the occupants of the property or of the general public; or (ii) the record owner, operator, or lessee of a rental dwelling, or any agent of the owner or lessee: (A) has allowed the premises to be used as a nuisance property; or (B) knew or should have known that the premises were being used as a nuisance property and failed to prevent them from being so used. *History: Ord. 02-475* *History: Ord. 18-130* *History: * *History: * ##### § 5-16 Denial, suspension, or revocation of license – Notice and hearing. Balt., Md., Code art. 13, § 5-16 (2026) (a) No license may be denied, suspended, or revoked unless the Housing Commissioner first gives the record owner, the managing operator, and the lessees of any dwelling or rooming unit to which the license applies: (1) not less than 10 days notice in writing of the Commissioner’s intent to deny, suspend, or revoke the license; and (2) an opportunity to be heard as to why the license should not be denied, suspended, or revoked. (b) The Commissioner may deny, suspend, or revoke a license without prior notice and opportunity to be heard if, in the opinion of the Commissioner or the Fire Chief, Health Commissioner, or Police Commissioner, the health, safety, or welfare of the occupants or of the general public are in imminent danger. *History: Ord. 02-475* *History: Ord. 18-130* *History: * *History: * ##### § 5-17 Vacating premises. Balt., Md., Code art. 13, § 5-17 (2026) The Commissioner may require a rental dwelling to be vacated within 24 hours if: (1) the property is being operated without a valid license; and (2) vacating the premises is necessary for the public health, safety, and welfare. *History: Ord. 02-475* *History: Ord. 18-130* *History: * ##### § 5-18 Balt., Md., Code art. 13, § 5-18 (2026) Reserved *History: * ##### § 5-19 Impairing constitutional rights. Balt., Md., Code art. 13, § 5-19 (2026) (a) In this section, “reasonable accommodation” means affirmative steps that do not impose an undue financial hardship or a substantial burden. (b) No bylaw, rule, or regulation governing a rental dwelling, nor any action or inaction of the governing body or management of a rental dwelling, may: (1) unreasonably impair any rights guaranteed by the Free-Exercise Clause of the First Amendment to the United States Constitution or by Article 36 of the Maryland Declaration of Rights; or (2) prohibit or deny any reasonable accommodation for religious practices. *History: Ord. 07-529* *History: Ord. 10-342* *History: Ord. 18-130* *History: * ##### § 5-20 Sanitation Guide. Balt., Md., Code art. 13, § 5-20 (2026) (a) The record owner or managing operator of every rental dwelling, other than a hotel or motel, must prepare, in the form and containing the information required by the Commissioner, a Sanitation Guide for the premises that provides notice to all occupants of the requirements and procedures for the separation, disposition, collection, and proper storage pending collection of mixed refuse, recyclable materials, yard waste, bulk trash, and all other forms of garbage, rubbish, waste, and trash. (b) A copy of the Sanitation Guide must be: (1) provided to each dwelling unit on the premises; and (2) prominently posted within each common collection room, if any, on the premises. *History: Ord. 18-130* *History: * *History: * ##### § 5-21 Balt., Md., Code art. 13, § 5-21 (2026) Reserved *History: * ##### § 5-22 Public access to information. Balt., Md., Code art. 13, § 5-22 (2026) The Housing Commissioner shall make freely available for review on and download from the website of the Department of Housing and Community Development: (1) the license number and license status of any rental dwelling subject to this subtitle; (2) the following records relating to that rental dwelling: (i) violation notices, orders, or citations issued by the Department of Housing and Community Development under this article or the City Building, Fire, and Related Codes Article; and (ii) the rental dwelling’s status as a priority dwelling for at least the past 5 years; and (iii) notices of any denial, suspension, or revocation of the rental dwelling’s license; and (3) the following information: (i) the address of the rental dwelling; (ii) the name of the record owner of the rental dwelling; (iii) the name of the managing operator of the rental dwelling; (iv) phone numbers for both the record owner and the managing operator of the rental dwelling; and (v) email addresses for both the record owner and the managing operator of the rental dwelling. *History: Ord. 18-130* *History: * *History: * ##### § 5-23 Balt., Md., Code art. 13, § 5-23 (2026) Reserved *History: * ##### § 5-24 Judicial and appellate review. Balt., Md., Code art. 13, § 5-24 (2026) (a) A person aggrieved by a decision of the Housing Commissioner under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) (1) The filing of a petition for judicial review does not stay the decision of the Commissioner. (2) However, on motion and after hearing, the Court may grant a stay as provided in the Maryland Rules of Procedure. (c) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 18-130* *History: * ##### § 5-25 Enforcement by citation. Balt., Md., Code art. 13, § 5-25 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”} or a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) For priority dwellings, a Department of Housing and Community Development inspector shall issue an environmental citation if a violation of a section of the City’s Property Maintenance Code listed in Article 1, § 40-14(e) {“Provisions and penalties enumerated”} is identified. (c) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (d) Each day that a violation continues is a separate offense. *History: Ord. 07-424* *History: Ord. 18-130* *History: * *History: * ##### § 5-26 Penalties. Balt., Md., Code art. 13, § 5-26 (2026) (a) Any person who violates any provision of this subtitle (including any offense listed in § 5-15 of this subtitle as potential cause for a denial, suspension, or revocation of a license) or any provision of a rule, regulation, or order adopted or issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 02-475* *History: Ord. 07-529* *History: Ord. 18-130* *History: * ##### § 5-27 Data collection. Balt., Md., Code art. 13, § 5-27 (2026) (a) The Commissioner, the City’s Chief Data Officer, and any other City employee who maintains data pertaining to priority dwellings or priority inspections must collaborate to develop a system to track and analyze priority dwellings and priority inspections. (b) The Department of Housing and Community Development may use existing resources to track and analyze priority dwellings at the discretion of the Commissioner. *History: * *History: * ##### § 5-28 Annual Report. Balt., Md., Code art. 13, § 5-28 (2026) (a) Not later than May 1 of each year, the Department of Housing and Community Development must submit an annual report for the previous calendar year to the Mayor and the City Council detailing: (1) the number of priority dwellings; (2) the number of priority dwellings for which the Department of Housing and Community Development conducted 2 priority inspections; (3) the number of priority dwellings where at least 1 violation notice was issued during a priority inspection that was not abated within the allowable time; (4) the number of priority dwellings where at least 1citation was issued during a priority inspection; (5) the number of attempted priority inspections; (6) the number of rental licenses revoked under § 5-15(b)(6) of this subtitle; (7) the number of rental licenses revoked under § 5-15(b)(7) of this subtitle; (8) the total number of rental licenses revoked; (9) the number of completed priority inspections; (10) of the total number of priority inspections completed, the percentage of priority inspections that did not yield any violation notices or citations; and (11) any other information requested by the Mayor or by a Resolution of the City Council. (b) (1) The annual report required under subsection (a) of this section must include a matrix identifying the following in aggregate for all licensed rental dwellings: (i) the total number of 3-1-1 complaints; (ii) the total number of notices issued by the Department of Housing and Community Development; (iii) the total number of notices abated within 90 days; (iv) the number of notices for which the Department of Housing and Community Development pursued legal action; and (v) the total number of citations issued. (2) The annual report required under subsection (a) of this section must include a matrix identifying the data required under subsection (b)(1) of this section for all licensed rental dwellings in aggregate, for each of the following categories: (i) heating; (ii) ventilation; (iii) plumbing; (iv) roof leaks; (v) rodents; (vi) lead paint; (vii) fire protections; (viii) electrical systems; (ix) water supply; (x) structural deficiencies; (xi) insects; (xii) elevators; (xiii) weatherproofing; and (xiv) appearance of mold (c) (1) The annual report required under subsection (a) of this section must include a matrix identifying the following for all priority dwellings: (i) the total number of 3-1-1 complaints; (ii) the total number of notices issued by the Department of Housing and Community Development; (iii) the total number of notices abated within 90 days; (iv) the number of notices for which the Department of Housing and Community Development pursued legal action; and (v) the total number of citations issued. (2) The annual report required under subsection (a) of this section must, for all priority dwellings, include a matrix identifying the data required under subsection (b)(1) of this section for each of the following categories: (i) heating; (ii) ventilation; (iii) plumbing; (iv) roof leaks; (v) rodents; (vi) lead paint; (vii) fire protections; (viii) electrical systems; (ix) water supply; (x) structural deficiencies; (xi) bed bugs; and (xii) elevators. *History: * *History: * #### Subtitle 6 – Opportunity to Purchase ##### Part 1 – Definitions; General Provisions. ###### § 6-1 Statement of public policy and purpose. Balt., Md., Code art. 13, § 6-1 (2026) It is the intent and purpose of this subtitle that before title to any single-family residential rental property is voluntarily transferred, the tenant of that property shall have the opportunity to purchase the property and that residential property owners shall not be unreasonably impeded in selling their properties nor required to accept unreasonable terms of sale. *History: * *History: * ###### § 6-2 Definitions. Balt., Md., Code art. 13, § 6-2 (2026) (a) In this subtitle, the following terms have the meanings stated. (b) “Commissioner” means the Commissioner of the Department of Housing and Community Development, or the Commissioner’s designee. (c) (1) “Landlord” means any person who is the owner of a rental single-family dwelling unit. (2) “Landlord” includes any person authorized to exercise any aspect of the management of the rental single-family dwelling unit, except those persons engaged solely in custodial and maintenance functions. (d) “Owner” means any person recorded in the official records of the State or City as holding title to a rental single-family dwelling unit. (e) (1) “Rent” means the consideration, including any bonus, benefit, or gratuity, demanded or received per day, week, month, year, or other period of time, as the case may be, for the use or occupancy of housing accommodations or the transfer of a lease for those accommodations. (2) “Rent” includes any charge to a tenant under a rent-to-own agreement if the tenant’s acceptance of the agreement is mandatory or if the tenant is not entitled to a refund of the charge if the tenant does not purchase the unit. (f) “Single-family dwelling unit” has the meaning stated in § 202.2.22.4 of the Baltimore City Building Code. (g) “Statement of interest” means a written and clear expression of interest to a landlord that the person writing the statement is interested in purchasing the landlord’s rental single-family dwelling unit. (h) “Tenant” means any person who: (i) occupies a rental single-family dwelling unit as a residence with the consent of the landlord; and (ii) has an obligation to pay rent or provide other consideration to the landlor for those accommodations. *History: * *History: * *History: * ###### § 6-3 Scope of subtitle. Balt., Md., Code art. 13, § 6-3 (2026) The following transfers of title are exempt from the requirements of this subtitle: (1) transfer of title to a spouse, child or children, parents, siblings, or in-laws of the landlord; (2) transfer of title by will or through inheritance under the State Estates and Trusts Article; (3) a gift to any religious, charitable, or benevolent, tax-exempt donee; (4) transfer of title in a mortgage or deed of trust; (5) transfer of title to a government agency; (6) transfer of, or for the sole purpose of creating, a reversionary (ground rent) interest, if the leasehold is retained by, or was not owned by, the transferor; (7) transfer of title in lieu of foreclosure of a mortgage or deed of trust; (8) any sale at public auction of a property individually, if the landlord has offered the property to the persons required under this subtitle, and those persons have failed to exercise the opportunity to purchase before the auction sale; (9) any transfer by a personal representative from a decedent’s estate made in the course of the administration of the estate; [and] (10) a transfer of title by a bona fide gift to a relative of the transferor or relative of the transferor’s spouse, subject to the following: (i) “relatives” means only those relatives set forth in § 267(c)(4) of the Internal Revenue Code and all lineal descendants and spouses of those relatives to the extent not already included in that section; (ii) “ancestors” as defined in § 267(c)(4) are limited to the levels of parents and grandparents; and (iii) “lineal descendants” include all biological children and stepchildren, and full effect shall be given to legal adoption[.] ; and (11) A tranfer of title by the housing authority of Baltimore City. *History: * *History: * ###### § 6-4 Rules of interpretation. Balt., Md., Code art. 13, § 6-4 (2026) (a) In this subtitle, the following rules of interpretation apply. (b) The time periods specified in this subtitle are minimum periods. A landlord may provide a tenant with reasonable extensions of time to purchase the rental single-family dwelling unit. (c) Potential third-party purchasers are presumed to act with full knowledge of the rights and procedures established in this subtitle. (d) Unless otherwise expressly stated in this subtitle, delivery of items required by this subtitle shall be made either by first-class mail or hand-delivery to the required party. (e) To the extent possible, any defect or ambiguity in this subtitle shall be resolved in favor of tenants. *History: * *History: * *History: * ###### § 6-5 Rules and regulations. Balt., Md., Code art. 13, § 6-5 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner may adopt rules and regulations to carry out this subtitle. *History: * *History: * ###### § 6-6 Balt., Md., Code art. 13, § 6-6 (2026) Reserved *History: * *History: * ##### Part 2 – Opportunity to Purchase – Procedures and Requirements ###### § 6-7 Opportunity to purchase - generally. Balt., Md., Code art. 13, § 6-7 (2026) Before a landlord may settle on the sale of a rental single-family dwelling unit, the landlord shall give the tenant an opportunity to purchase the rental single-family dwelling unit at a price and under terms that constitute an offer of sale in accordance with the requirements of this subtitle. *History: * *History: * *History: * ###### § 6-8 Offer of sale. Balt., Md., Code art. 13, § 6-8 (2026) (a) Prior to offer the rental single-family dwelling unit for sale to another party, a landlord shall provide a written offer of sale to: (1) the tenant within the rental dwelling unit; and (2) the Commissioner, on behalf of the Mayor and City Council. (b) (1) The offer of sale required by this section shall include: (i) the asking price and the material terms of sale; and (ii) a statement that the landlord shall provide the tenant, within 7 calendar days of a request, the following: 1. a complete copy of any third-party contact to purchase the rental single-family dwelling unit, with the purchaser name redacted; and 2. copies of available licensing inspection reports of the rental single-family dwelling unit for the previous 2 years. (2) For each calendar day of delay by the landlord to provide the information required by subsection (b)(1)(ii) of this section, the time period for the tenant to express interest in purchasing the rental single-family dwelling unit or to negotiate a contract with the landlord for the purchase of the rental single-family dwelling unit, as the case may be, shall be extended by 1 day. (c) Additional Information The landlord shall share the fact sheet regarding tenant rights under this section, which can be obtained from the Department of Housing and Community Development’s office or website. (d) (1) In this subsection, “material change” means: (i) a change in the purchaser under a third-party contact; or (ii) a reduction in the sales price of 10% or more. (2) (i) If there is a subsequent third-party contract after the initial offer of sale was transmitted that results in a material change or if the terms of a third-party contract to purchase the rental dwelling unit materially change between the time an offer of sale is made and the settlement, the landlord shall provide the tenant with a new offer of sale reflecting the new terms. (ii) If the initial time period to indicate interest has expired, the tenant shall have all rights preserved under this subtitle except that the period to indicate interest in purchasing the rental single-family dwelling unit under the revised terms of sale may not exceed 7 calendar days from the date of receipt of the new offer of sale. (3) A landlord is not required to provide a new offer of sale if there is an increase in the sale price. *History: * *History: * *History: * ###### § 6-9 Opportunity to purchase. Balt., Md., Code art. 13, § 6-9 (2026) (a) On receipt of the written offer of sale required by § 6-8 {“Offer of sale”} of this subtitle, a tenant shall have 14 calendar days to deliver a written statement of interest to the landlord. (b) (1) The tenant may accept the offer of sale by submitting a written contract within 14 calendar days from the date of the submission of the statement of interest. (2) The contract must include substantially the same terms and conditions set forth in the any third-party contract of sale, including any contract term that provides for a reasonable real estate commission. (c) (1) In order for the tenant to secure financing, any contract of sale shall provide a reasonable period of no less than 30 days between the execution of the contract and settlement. (2) A landlord shall afford a tenant a reasonable and commensurate extension of time, if: (i) the tenant is obtaining financing through a government or other loan program designed for low- or moderate-income persons or first-time homebuyers; and (ii) the government agency or other lender estimates in writing that a financing decision will be made within 60 calendar days after the date of the contract. (d) If 6 months elapses from the date the landlord has delivered the written offer of sale required by § 6-8 {“Offer of sale”} to a tenant and the landlord has not gone to settlement on the sale of the rental dwelling unit, the landlord shall send a new written offer of sale to the relevant parties before selling the rental dwelling unit. *History: * *History: * ###### § 6-10 Assignment of rights. Balt., Md., Code art. 13, § 6-10 (2026) The rights of a tenant under this subtitle may not be assigned and anyattempted assignment is void. *History: * *History: * *History: * ###### §§ 6-10 to 6-13 Balt., Md., Code art. 13, § 6-10 to 6-13 (2026) Reserved *History: * *History: * ##### Part 3 – Miscellaneous provisions ###### § 6-14 Earnest money deposits. Balt., Md., Code art. 13, § 6-14 (2026) (a) (1) If a tenant proposes to use a federal, State, or local program to assist the purchase, for either mortgage insurance, a mortgage guarantee, or a direct mortgage, the required deposit shall not exceed the cash contribution required of the buyer by that program. (2) If no such program is involved in the tenant purchase, the deposit required for a sales contract shall be at least 1% of the purchase price. (b) No landlord may refuse to enter into a sales contract with a tenant solely because the tenant proposes to use a federal, State, or local program to assist in the financing of the purchase. (c) A sales contract shall contain a reasonable financing contingency clause which: (1) shall not require the tenant to obtain financing in less than 60 days from the date a contract is tendered by the landlord; and (2) shall excuse the tenant from performance of the sales contract if the tenant is unable to obtain adequate financing within said 60-day period. *History: * *History: * ###### § 6-15 Waiver of rights. Balt., Md., Code art. 13, § 6-15 (2026) Unless otherwise expressly stated, a landlord may not request, and the tenant may not grant, a waiver of any requirement under this subtitle unless the waiver is in exchange for consideration that the tenant, in their sole discretion, find acceptable. *History: * *History: * ###### § 6-16 Affidavit on transfers to third parties. Balt., Md., Code art. 13, § 6-16 (2026) (a) In any transfer of real property subject to this subtitle to a party other than the tenant, the landlord shall file in the land records of Baltimore City, and with the Commissioner of the Baltimore City Department of Housing and Community Development, an affidavit in the form set forth in subsection (c) of this section, certifying that the requirements of this subtitle have been met, as a part of the deed conveyance. (b) Where an affidavit has been filed as required by subsection (a) of this section, the rights and title of a third party transferee and the transferee’s heirs, successors, or assigns shall be free of any restriction or claim arising in favor of the tenant under this subtitle. (c) The affidavit affirming compliance with the requirements of this subtitle described under subsection (a) of this section shall: (1) if the tenant has responded to the offer of sale required under this subtitle, include the following statement: “(Name of tenant), being the tenant of the property known as (street address) in Baltimore City, following an offer of sale as required by § 6-7 of Article 13 of the Baltimore City Code, sent (date of mailing), has failed to enter into a contract to purchase said property in the manner and time provided by Subtitle 6 of Article 13 of the Baltimore City Code.” (Add if applicable) “Notice pursuant to § 6-7 of Article 13 of the Baltimore City Code was subsequently sent to said tenant on (date of mailing), and tenant subsequently failed to contract to purchase said property in lieu of (name of third party) within the period of time provided by said § 6-8, that period being 7 days.”; or (2) if the tenant has waived right of first refusal, include the following statement: “(Name of tenant), being the tenant of the property known as (street address) in Baltimore City, following an offer of sale as required by § 6-7 of Article 13 of the Baltimore City Code, sent (date of mailing), has not entered into a contract for sale. (d) Where a rental single-family dwelling unit subject to this section is owned by a corporation, LLC, or other business organization, the affidavit required by subsection (a) of this section shall be made by a duly authorized officer of the organization or duly authorized representative of the ownership entity. *History: * *History: * *History: * ###### § 6-17 Reporting. Balt., Md., Code art. 13, § 6-17 (2026) (a) (1) A landlord shall report each rental single-family dwelling unit transfer subject to this subtitle to the Commissioner within 30 days of the transfer in the manner required by the Commissioner. (2) The duty to report under this subsection shall include transfers to a party other than the tenant. (b) On or before June 30 of the each year, the Commissioner shall submit a report to the Mayor and City Council detailing: (1) disaggregated by zip code, the total number of transfers subject this subtitle, including: (i) transfers to a tenant; and (ii) transfers to a party other than a tenant; (2) any recommendations for legislative or policy amendments to better ensure that City tenants are benefitting from this subtitle. *History: * *History: * *History: * ###### §§ 6-18 to 6-19 Balt., Md., Code art. 13, § 6-18 to 6-19 (2026) Reserved *History: * *History: * ##### Part 4 – Penalties ###### § 6-20 Penalties. Balt., Md., Code art. 13, § 6-20 (2026) (a) Any person who violates any provision of this subtitle shall be guilty of a misdemeanor and, on conviction, shall be subject to a fine of up to $1,000 for each violation. (b) The criminal penalty described in this section is not intended to preclude any other civil or administrative remedy available at law. *History: * *History: * #### Subtitle 6A – Tenants’ Right to Counsel in Eviction Cases ##### § 6A-1 Definitions. Balt., Md., Code art. 13, § 6A-1 (2026) (a) In this subtitle, the following terms have the meanings specified. (b) “Commission” means the Baltimore City Affordable Housing Trust Fund Commission established by Article I, § 14 of the City Charter. (c) “Commissioner” means Commissioner of the Department of Housing and Community Development or the Commissioner’s designee. (d) (1) “Covered individual” means any individual who occupies a dwelling within the City of Baltimore under a claim of legal right other than the owner. (2) “Covered individual” includes any tenant in a building owned, operated, or managed by the Housing Authority of Baltimore City. (e) (1) “Covered proceeding” means: (i) any judicial or administrative proceeding to evict or terminate the tenancy or housing subsidy of a covered individual; (ii) any proceeding that is the functional equivalent of a proceeding described in item (i) of this paragraph; or (iii) any first appeal of a proceeding described in item (i) or (ii) of this paragraph. (2) “Covered proceeding” includes any judicial or administrative proceeding to remedy a violation of: (i) City Public Local Laws § 9-9 {“Rent Escrow Law: In general”}; (ii) City Public Local Laws § 9-9A {“Rent Escrow Law: Landlord’s non- compliance with lease”}; (iii) City Public Local Laws § 9-10 {“Rent Escrow Law: Retaliatory actions”}; (iv) State Real Property Article § 8-208.1 {“Retaliatory actions due to reporting violations or complaints prohibited”}; or (v) State Real Property Article § 8-216 {“Restrictions relating to taking or threatening to take possession of dwelling unit”}. (f) “Designated organization” means any not-for-profit organization or association that is designated by the Commissioner under this subtitle and engaged pursuant to Article VI, § 11 of the City Charter regarding procurement that: (1) has the capacity to provide legal representation to covered individuals facing eviction; and (2) agrees to adhere to the standards of practice established in rules and regulations adopted under this subtitle. (g) “Designated community group” means a not-for-profit community organization or association designated by the Commissioner that has the capacity to conduct tenant outreach, engagement, education, and information regarding this subtitle. (h) (i) (1) “Legal representation” means ongoing legal representation provided by a designated organization to a covered individual and all legal advice, advocacy, and assistance associated with that representation. (2) “Legal representation” includes the filing of a notice of appearance on behalf of the covered individual in a covered proceeding. *History: Ord. 20-465* *History: Ord. 22-125* *History: * ##### § 6A-2 Rules and regulations. Balt., Md., Code art. 13, § 6A-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner, with the advice and consultation of the Commission, shall adopt rules and regulations to carry out this subtitle, including providing tenant education regarding their rights under this subtitle. *History: Ord. 20-465* *History: Text Conformed 02/19/21* *History: * ##### § 6A-3 Right to counsel in eviction-related proceedings. Balt., Md., Code art. 13, § 6A-3 (2026) (a) (1) Subject to provisions of this subtitle, including any rules and regulations, and with the advice and consultation of the Commission, the Commissioner shall ensure that all covered individuals are offered legal representation from a designated organization in a covered proceeding as soon as practicable after the initiation of that proceeding, but no later than at the time of the covered individual’s first scheduled appearance in a covered proceeding if possible. (2) The Commissioner shall seek to prioritize the provision of legal representation based on median income with covered individuals having the lowest median income receiving the highest priority. (b) Covered individuals shall receive legal representation unless circumstances specific to the individual or case, such as a conflict with the Maryland Attorneys’ Rules of Professional Conduct, make legal representation infeasible to render. (c) Subject to Article VI, § 11 of the City Charter regarding procurement, in addition to overseeing the administration of this subtitle, the Commissioner, with the advice and consultation of the Commission, may engage designated community groups to engage and educate tenants about their rights, through activities such as: (1) hosting know-your-rights trainings and other workshops for tenants; (2) distributing written information to tenants; (3) assisting tenants to form and maintain tenant associations; (4) referring tenants to designated community groups; and (5) engaging in any other activity designed to engage, educate, or inform tenants about their rights. (d) Legal representation under this section is subject to the appropriation of funds in accordance with the City Charter. *History: Ord. 20-465* *History: * ##### § 6A-4 Additional Commission member. Balt., Md., Code art. 13, § 6A-4 (2026) (a) In addition to those Commission members specified in Article I, § 14(d)(2) of the City Charter, the Mayor shall appoint an additional Commissioner in accordance with Article IV, § 6 of the City Charter. (b) (1) In this subsection,“extremely-low income household” means a household whose aggregate gross income does not exceed 30% of the area median income, as adjusted for the size of the household. (2) The Commission member appointed under this section shall be: (1) a tenant residing in Baltimore City; and (2) a member of an extremely low-income household. *History: Ord. 20-465* *History: * ##### § 6A-5 Annual report. Balt., Md., Code art. 13, § 6A-5 (2026) (a) No later than November 1 of each year, the Commissioner, with the advice and consultation of the Commission, shall submit a report to the Mayor and City Council, which shall include information from the prior fiscal year regarding: (1) the number of covered individuals served; (2) the extent of legal representation performed; (3) metrics on evaluating outcomes; and (4) the engagement and education of tenants. (b) The Commissioner shall prominently post the report required by this section on the City’s website. (c) No later than December 1 of each year, the City Council or an appropriate committee of the City Council shall conduct a hearing on the report required by this section. *History: Ord. 20-465* *History: * ##### § 6A-6 Balt., Md., Code art. 13, § 6A-6 (2026) Reserved *History: * #### Subtitle 6B – Security Deposit Grants ##### § 6B-1 Definitions. Balt., Md., Code art. 13, § 6B-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Director” means the Executive Director of the Mayor’s Office of Children and Family Success. (c) “Family” means 1 or more individuals who reside together as a household. (d) “Mayor’s Office” means the Mayor’s Office of Children and Family Success. (e) “Program” means the Baltimore City Emergency Security Deposit Grant Program. (f) “Security deposit” means an amount of money that a tenant pays to a landlord that the landlord must return to the tenant at the end of the lease minus any amount the landlord used for the tenant’s: (1) non-payment of rent; (2) breach of the lease; or (3) damage to property. (g) “Security deposit grant” or “grant”: (1) means a one-time payment by the Program of up to $2,000 toward a security deposit; and (2) is not considered income to the tenant in determining the tenant’s income eligibility, unless otherwise required by any state or federal law that governs the source of funds for this grant. *History: Ord. 21-040* *History: Ord. 22-124* *History: * ##### § 6B-2 Program established. Balt., Md., Code art. 13, § 6B-2 (2026) (a) There is an Emergency Security Deposit Grant Program in Baltimore City. (b) The purpose of the Program is to provide families who are in need of permanent housing with security deposit grants for permanent housing. (c) The Program shall be administered by the Mayor’s Office. *History: Ord. 21-040* *History: * ##### § 6B-3 Rules and regulations. Balt., Md., Code art. 13, § 6B-3 (2026) (a) Subject to the requirements in this section and subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Mayor’s Office shall adopt rules and regulations to carry out the provisions of this part {subtitle}. (b) In addition to the requirements set forth in the Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the Mayor’s Office must hold a public hearing prior to: (1) adopting any rules and regulations required by this section; or (2) amending or repealing any rules and regulations adopted under this subtitle. *History: Ord. 21-040* *History: * ##### § 6B-4 Program eligibility. Balt., Md., Code art. 13, § 6B-4 (2026) (a) Families seeking to participate in the Program shall submit an application to the Mayor’s Office in the form the Mayor’s Office requires. (b) A family is eligible to participate in the Program if the family: (1) resides in Baltimore City at the time of application; and (2) meets the income requirements for a grant. *History: Ord. 21-040* *History: * ##### § 6B-5 Program admission. Balt., Md., Code art. 13, § 6B-5 (2026) (a) Subject to the provisions of this section, eligible families shall be admitted into the Program. (b) Admission into the Program is subject to the availability of funds and is not an entitlement. *History: Ord. 21-040* *History: * ##### § 6B-6 Balt., Md., Code art. 13, § 6B-6 (2026) Reserved *History: * ##### § 6B-7 Grant payment. Balt., Md., Code art. 13, § 6B-7 (2026) (a) A security deposit grant made under this section {subtitle} shall be given directly to the landlord on behalf of the family. (b) The Mayor’s Office shall conduct audits at least annually to ensure that families receiving security deposit grants are eligible for assistance. *History: Ord. 21-040* *History: * ##### § 6B-8 Grant priority; equity. Balt., Md., Code art. 13, § 6B-8 (2026) To ensure that grants are disbursed in an equitable manner, the Mayor’s Office shall prioritize grant recipients based on: (1) median household income in the vicinity of a family’s desired permanent housing, with areas with the lowest median income receiving highest priority; and (2) whether the family has received a security deposit grant from the Mayor’s Office in a prior year. *History: Ord. 21-040* *History: * ##### § 6B-9 Denial of grant by the Mayor’s Office. Balt., Md., Code art. 13, § 6B-9 (2026) (a) The Mayor’s Office may deny a grant to a family if the Mayor’s Office finds that the family: (1) failed to supply the information to the Mayor’s Office required by this subtitle or the rules and regulations adopted under this subtitle; (2) does not reside in Baltimore City at the time of application; or (3) does not meet the income requirements for a grant. (b) If the Mayor’s Office denies a family’s application for a grant, it must provide the family with a written notice of the denial, including the reasons for the denial, within 15 business days of the denial. (c) (1) The family may appeal the Mayor’s Office’s denial to the Director of the Mayor’s Office. (2) In appealing the Mayor’s Office’s denial, the family must: (i) put the appeal in writing; (ii) state the reasons why the Mayor’s Office should have granted the grant; and (iii) send the appeal to the Director within 15 business days of receipt of the Mayor’s Office’s written denial. (3) The Director must issue a written decision within business 15 days of receipt of the family’s appeal. *History: Ord. 21-040* *History: * ##### § 6B-10 Compliance. Balt., Md., Code art. 13, § 6B-10 (2026) Tenants and landlords involved in the Program must comply with all State and local laws regarding security deposits. *History: Ord. 21-040* *History: * #### Subtitle 7 – Residential Lease Requirements ##### § 7-1 In general. Balt., Md., Code art. 13, § 7-1 (2026) After August 1, 1981, any landlord who rents dwelling units by means of written leases shall comply with the following requirements. *History: Ord. 81-290* *History: * ##### § 7-2 Copy of lease to tenant. Balt., Md., Code art. 13, § 7-2 (2026) A copy of the lease, signed by tenant and landlord, shall be given to tenant at the time of signing of the lease. *History: Ord. 81-290* *History: * ##### § 7-3 Information required. Balt., Md., Code art. 13, § 7-3 (2026) (a) (1) Each residential lease must contain the following information: (i) the name, residence address, and residence telephone number or the name, business address, and business telephone number of the owner of the property, or (ii) the name, residence address, and residence telephone number or the name, business address, and business telephone number of an agent of the owner who is authorized to receive court process on behalf of the owner in connection with the property. (2) Any owner who is not customarily present in an office in the metropolitan Baltimore area must include in the lease the information required above for an agent authorized to receive court process on behalf of the owner. (a-1) (1) Any property owner or managing operator who requires that a tenant pay the costs of water or wastewater services, whether directly to the Department of Public Works or as reimbursement to the owner or managing operator, shall include that requirement in an express provision of a written lease. (2) The lease shall include a provision that the landlord makes the tenant a designee under Maryland’s Public Information Act to request and to receive copies of any account records for the water or wastewater account at issue. (3) Whenever a landlord requires the tenant to reimburse the landlord for allocated costs of water or wastewater service, the lease required by this subsection shall also: (i) describe the calculation method used by the owner or owner’s agent to allocate the cost of water and wastewater services to the tenant; and (ii) specify the average monthly allocated costs of water and wastewater services for the leased dwelling unit or rooming unit in the 12 months preceding execution of the lease or renewal of the lease. (a-2) (1) In this subsection, “government benefit” means: (i) temporary cash assistance or other assistance described in Title 5 of the State Human Services Article; (ii) supplemental security income; (iii) social security disability income; (iv) unemployment insurance benefits; (v) Veteran’s Administration benefits; (vi) social security benefits; or (vii) assistance from any other similar federal, state, or City government benefits program. (2) This subsection does not apply to leases for public housing administered by the Housing Authority of Baltimore City. (3) A residential lease shall include a provision that the landlord may not apply late fees to the rent until the tenant is more than 10 days past due with the rent. (4) In addition, a residential lease that includes a provision permitting a landlord to apply a penalty for the late payment of rent must include a provision that prohibits a landlord from applying a penalty fee for late payment of rent until: (i) the tenant’s payment of the rent is more than 10 days late; or (ii) the tenant has received the tenant’s regularly scheduled government benefit disbursement if the tenant has previously provided the landlord with written notice that shows the day of the month the government benefit is normally issued or mailed is later than the day on which the rent is due. (b) (1) Within 10 days of a change in any information required by subsection (a) of this section to be contained in a lease, the property owner must notify the tenant of the change. (2) The notice must be sent to the tenant by first class mail. (c) (1) Along with the copy of the lease required to be given to the tenant by § 7-2 of this subtitle, the tenant must be given a copy of a tenants rights brochure approved by the Housing Commissioner that discusses: (i) free or reduced price legal representation available to tenants; (ii) pre-trial and day of trial mediation programs available to resolve landlord-tenant disputes; and (iii) a tenant’s right to know the amount of rent that is in arrears. (2) A tenant must also be given a copy of the brochure required by paragraph (1) of this subsection: (i) at the time that a lawsuit is commenced by the owner or landlord against the tenant; (ii) if the Baltimore City Sheriff’s Office is used to serve a summons and complaint by the landlord seeking eviction, including for summary ejectment, tenant holding over, or breach of lease, at the time that the summons and complaint are served on the tenant; and (iii) at the time that the Housing Authority of Baltimore City sends a notice to terminate a tenant’s subsidy or tenancy. *History: Ord. 81-290* *History: Ord. 02-475* *History: Ord. 13-175* *History: Ord. 18-137* *History: Ord. 19-332* *History: Ord. 20-336* *History: Ord. 20-465* *History: Ord. 21-014* *History: * ##### § 7-4 Exemptions. Balt., Md., Code art. 13, § 7-4 (2026) The provisions of this subtitle do not apply to the following: (1) rental units in hotels, motels, inns, tourist homes and rooming and boarding houses which are rented primarily to transient guests for a period of less than 14 days, and (2) rental units in any hospital, convent, monastery, extended medical care facility, asylum, non-profit home for the aged, or dormitory owned and operated by an institution of higher education, and (3) individual rental units which a government unit, agency, or authority owns, operates, or manages, and (4) rental units within the premises occupied by the owner as his residence. *History: Ord. 81-290* *History: * ##### § 7-5 Responsibility for compliance. Balt., Md., Code art. 13, § 7-5 (2026) The owner of the property has primary responsibility for compliance with the provisions of this subtitle. *History: Ord. 81-290* *History: * ##### § 7-6 Enforcement by tenant. Balt., Md., Code art. 13, § 7-6 (2026) A tenant may seek relief from an appropriate court to restrain or enjoin any violation of the provisions of this subtitle. *History: Ord. 81-290* *History: * ##### § 7-7 Penalties. Balt., Md., Code art. 13, § 7-7 (2026) Any property owner or landlord who leases residential property under a written lease which does not conform to the provisions of this subtitle, or who fails to give a tenant a copy of the lease as provided in § 7-2 of this subtitle and the tenants rights brochure as provided in § 7-3(c) of this subtitle, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of up to $100 for each violation. *History: Ord. 81-290* *History: Ord. 18-137* *History: * #### Subtitle 8 – Rent Increases ##### § 8-1 Definitions. Balt., Md., Code art. 13, § 8-1 (2026) (a) For the purposes of this subtitle, the following words have the meanings indicated. (b) The term “dwelling unit”: (1) means a room or group of rooms forming a single habitable unit occupied by 1 or more persons, with facilities which are used or intended to be used by the occupants of such units for living, sleeping, eating, and cooking; and (2) includes any common area needed for the use and enjoyment of the unit. (c) The term “landlord” means an owner, lessor, sublessor, assignee, or agent of any thereof or other person receiving or entitled to receive rents or benefits for the use or occupancy of any dwelling or rooming unit, including any person who has an option to buy or who has entered into a contract to buy any dwelling or rooming unit with the intent to offer such dwelling or rooming unit for rent. (c) The term “rental fee” means the entire amount of money, money’s worth, benefit, bonus, or gratuity demanded, received, or charged by a landlord as a condition of occupancy or use of a dwelling or rooming unit, its related services, and its related facilities. (d) The term “serious defect” means a condition which constitutes or, if not promptly corrected, will constitute a fire hazard or a serious and substantial threat to the life, health, or safety of occupants, including, but not limited to: (1) lack of heat, of light, electricity, or of hot or cold running water, except where the tenant is responsible for the payment of the utilities and the lack thereof is the direct result of the tenant’s failure to pay the charges; or (2) lack of adequate sewage disposal facilities; or (3) infestation of rodents in a dwelling unit (except if the property is a 1-family dwelling); or (4) the existence of paint containing lead pigment on surfaces within the dwelling unit; or (5) the existence of any structural defect which presents a serious and substantial threat to the physical safety of the occupants; or (6) the existence of any condition which presents a health or fire hazard to the dwelling unit. (e) The term “tenant” includes a tenant, subtenant, lessee, sublessee, or other person entitled to the possession, occupancy, or the benefits thereof, of any dwelling unit. *History: Ord. 81-280* *History: * ##### § 8-2 Rent increase barred — on violation notice not generated by tenant. Balt., Md., Code art. 13, § 8-2 (2026) (a) When, as a result of any inspection not generated by a tenant complaint, a landlord receives a violation notice citing a serious defect, then the landlord cannot increase the rental fee for those premises until the defects are corrected and the notice abated. (b) If the serious defects cited in the notice are repaired and the notice abated within 30 days from the date of the expiration of the notice, then the increase in the rental fee shall be deemed to begin, and be fully and finally effective for the balance of the term of the lease, from and after the date of the abatement or at the time of the lease renewal, whichever time comes later. (c) If the defects are less than serious, then they must be repaired within 60 days from the date of the expiration of the notice. If less than serious defects are not repaired within the 60-day period, then the rental fee shall revert to the fee charged at the time of the violation notice. (d) If the defects are not repaired within the 30-day period for serious defects or the 60-day period for less than serious defects, then the landlord shall be prohibited from increasing the rental fee until 6 months after the date of abatement. (e) When the landlord receives notice of exterior violations between October 1 and April 1 for repairs which require an air temperature of 50° F or above, for these defects only the above 60-day period shall be deemed to expire on June 1. *History: Ord. 81-280* *History: * ##### § 8-3 Rent increase barred — on violation notice generated by tenant. Balt., Md., Code art. 13, § 8-3 (2026) (a) When a tenant complaint results in a landlord receiving a violation notice, in order for the limitations and restrictions in § 8-2 above to apply to a landlord, either: (1) the written violation notice must be issued more than 60 days before the increase is to take effect; or (2) the tenant must have filed a written complaint with the Commissioner, with a copy thereof to the landlord, prior to receiving a rent increase notice. (b) For the purpose of the tenant’s rights under this section, any notice of a rent increase is presumed to be received by the tenant no earlier than 60 days prior to the expiration of the lease, unless a lease provides for a longer notice requirement not to exceed 90 days. *History: Ord. 81-280* *History: * ##### § 8-4 Rent increases barred – during states of emergency. Balt., Md., Code art. 13, § 8-4 (2026) (a) In this section, “emergency” means the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor, under State Public Safety Article, § 14-3A-02. (b) This section only applies to rental fee increases on existing tenants during an emergency. Nothing in this section may be construed as applying to leases for new tenants. Further, nothing in this section with respect to an increase in the tenant’s portion of a rental fee applies to any public housing authority who must comply with federal laws, regulations, or other federal requirements to determine a tenant’s rental fee. (c) A landlord may not increase a tenant’s rental fee if: (1) the increase would take effect during an emergency; or (2) notice of the increase is not in compliance with subsection (d) of this section. (d) (1) During an emergency and within 90 days after the expiration of an emergency, a landlord may not notify a tenant of a rental fee increase. (2) A landlord must inform a tenant in writing to disregard any notice of a rental fee increase if: (i) the landlord provided the notice to the tenant prior to an emergency; and (ii) the effective date of the increase would occur on or after the date the emergency began. (e) (1) (i) In this subsection, “late fee” means any additional charge or fee imposed because a rental fee is not made when the rental fee is due under the terms of a lease. (ii) “Late fee” includes a fee imposed: (A) as a flat rate; (B) as a percentage of the rental fee due; or (C) in any other terms. (2) A landlord may not charge, assess, or otherwise seek to collect a late fee from a tenant for the nonpayment or the late payment of a rental fee that comes due during an emergency. (f) The Department of Housing and Community Development must post on its website information regarding the requirements of this section, including the date that an emergency expires and the date that is 90 days after the expiration of the emergency. *History: Ord. 20-364* *History: * ##### § 8-5 Landlord’s right of review. Balt., Md., Code art. 13, § 8-5 (2026) The provisions of this subtitle do not limit a landlord’s right, under the applicable provisions of the City Building, Fire, and Related Codes Article, to an administrative review of a violation notice. *History: Ord. 81-280* *History: Ord. 02-475* *History: Ord. 15-427* *History: Ord. 20-364* *History: * ##### § 8-6 Enforcement by tenant. Balt., Md., Code art. 13, § 8-6 (2026) A tenant may seek relief from an appropriate court to restrain or enjoin any violation of § 8-2 and § 8-3 of this subtitle in accordance with State law. *History: Ord. 81-280* *History: Ord. 20-364* *History: * ##### § 8-7 Enforcement by citation. Balt., Md., Code art. 13, § 8-7 (2026) (a) This subtitle may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day a violation continues is a separate offense. *History: * #### Subtitle 8A – Eviction Chattels ##### § 8A-1 Definitions. Balt., Md., Code art. 13, § 8A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Eviction chattels” means any property removed from a leased dwelling under a warrant of restitution. (c) “Leased dwelling” means any dwelling unit, rooming unit, efficiency unit, or other living quarters, whether in a single-family dwelling, a multiple-family dwelling, an apartment complex, or otherwise, that was occupied under a lease between a tenant and a landlord. (d) “Foreclosure purchaser” means: (1) any person who purchases real property in: (i) a foreclosure sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 200 {“Foreclosure of Lien Instruments”}; (ii) a judicial sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 300 {“Judicial Sales”}; or (iii) a tax sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 500 {“Tax Sales”}; and (2) any substituted purchaser, as defined in Maryland Rule 14-207(f)(3). *History: Ord. 07-496* *History: Ord. 08-041* *History: * ##### § 8A-2 Notice of pending dispossession. Balt., Md., Code art. 13, § 8A-2 (2026) (a) The requirement to provide notice under subsection (b) of this section does not apply to any judgment entered: (1) in favor of a foreclosure purchaser; or (2) in favor of a landlord for possession of a leased dwelling under one of the following sections of the State Real Property Article: (i) § 14-120 {“Abatement of nuisance; dangerous substances”}; (ii) § 14-123 {“Baltimore City nuisance actions”}; (iii) § 8-402 {“Tenant holding over”}; (iv) § 8-402.1 {Proceedings upon breach of lease”}; or (v) § 8-402.4 {“Wrongful detainer”}. (b) Whenever a judgment is entered in favor of the landlord for possession of a leased dwelling, the landlord shall notify the tenant of the date on which the warrant of restitution is first scheduled to be executed by the Sheriff. (c) The notice shall be: (1) mailed by first-class mail with certificate of mailing at least 14 days before the first scheduled date of execution; and (2) posted on the premises at least 7 days before the first scheduled date of execution. (d) The notice shall: (1) state the District Court Summary Ejectment Case Number, the tenant’s name, and the address of the leased dwelling; (2) specify the date on which the eviction is first scheduled to be executed; (3) state that the eviction will be executed on that date unless: (i) the tenant moves out and returns control of the property to the landlord; or (ii) the tenant exercises the right to redemption under State Real Property Article § 8-401(e), unless the right to redeem has been foreclosed or otherwise is inapplicable; (4) prominently warn the tenant that any property left in the leased dwelling will be considered abandoned and may be disposed of on execution of the warrant of restitution; and (5) state that it is the final notice of the date of the eviction, even if the eviction date is postponed by the Sheriff or the court. (e) A landlord may charge the tenant for expenses incurred in providing this notice, up to a maximum of $5. *History: Ord. 07-496* *History: Ord. 08-041* *History: Ord. 11-458* *History: * ##### § 8A-3 Vacating execution of warrant. Balt., Md., Code art. 13, § 8A-3 (2026) (a) If the Sheriff reasonably believes that the landlord did not provide the tenant with the notice required by § 8A-2 of this subtitle, the Sheriff shall notify the District Court and may not execute the warrant of restitution until further order of the Court. (b) If the District Court finds that the landlord did not provide the tenant with the notice required by § 8A-2 of this subtitle, the District Court shall vacate the warrant of restitution. (c) If the landlord provides a copy of the notice, certificate of mailing, and signed affidavit by the person who posted the property, all of which are dated within the proper time periods required by § 8A-2 of this subtitle, there is a rebuttable presumption that the tenant was notified. *History: Ord. 07-496* *History: Ord. 11-458* *History: * ##### § 8A-4 Unclaimed property is abandoned. Balt., Md., Code art. 13, § 8A-4 (2026) (a) All property in or about the leased premises at the time that the warrant of restitution is executed is abandoned. (b) Neither the landlord nor someone acting on the landlord’s behalf is liable for any loss or damage to abandoned property. *History: Ord. 07-496* *History: * ##### § 8A-5 Disposition of abandoned property. Balt., Md., Code art. 13, § 8A-5 (2026) (a) The landlord shall dispose of abandoned eviction chattels by: (1) transporting them to a licensed landfill or solid waste facility; (2) donating them to charity; or (3) some other legal means. (b) (1) A landlord who disposes of eviction chattels at a City-owned or operated landfill or solid waste facility may be charged no more than the same fees charged to the Housing Authority of Baltimore City (HABC). (2) To be eligible for HABC rates, the landlord or landlord’s agent must present at the facility at the time of disposal: (i) a copy of the warrant of restitution issued for the leased dwelling; and (ii) proof that the leased dwelling is registered or licensed under City Code Article 13, Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, etc.”} or Subtitle 5 {“Licensing of Rental Dwellings”}. (3) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department of Public Works may adopt rules and regulations to carry out this subsection. (4) A person may not make any false or misleading representation in connection with the fee rate authorized by this subsection. *History: Ord. 07-496* *History: Ord. 18-130* *History: Text Conformed 02/19/21* *History: * ##### § 8A-6 Prohibited placement in public way. Balt., Md., Code art. 13, § 8A-6 (2026) Under no circumstances may eviction chattels, abandoned or otherwise, be placed in a public right-of-way or on any public property. *History: Ord. 07-496* *History: * ##### §§ 8A-7 to 8A-8 Balt., Md., Code art. 13, § 8A-7 to 8A-8 (2026) Reserved *History: * ##### § 8A-9 Penalties. Balt., Md., Code art. 13, § 8A-9 (2026) (a) Any person who violates any provision of § 8A-5 or § 8A-6 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 07-496* *History: * #### Subtitle 8B – Foreclosure Chattels ##### § 8B-1 Definitions. Balt., Md., Code art. 13, § 8B-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Foreclosure purchaser” means: (1) any person who purchases residential property in: (i) a foreclosure sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 200 {“Foreclosure of Lien Instruments”}; (ii) a judicial sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 300 {“Judicial Sales”}; or (iii) a tax sale under Maryland Rules Title 14 {“Sales of Property”}, Chapter 500 {“Tax Sales”}; and (2) any substituted purchaser, as defined in Maryland Rule 14-207(f)(3). *History: Ord. 08-041* *History: * ##### § 8B-2 Notice of pending dispossession. Balt., Md., Code art. 13, § 8B-2 (2026) (a) Whenever a judgment is entered in favor of a foreclosure purchaser for possession of the residential property purchased and the Court has issued a writ of possession, the foreclosure purchaser shall notify any occupant of the property of the date on which the writ of possession is first scheduled to be executed by the Sheriff. (b) The notice shall be: (1) mailed both by first-class mail with certificate of mailing at least 14 days before the first scheduled date of execution; and (2) posted on the premises at least 7 days before the first scheduled date of execution. (c) The notice shall: (1) state the Circuit Court Writ of Possession Case Number, the occupant’s name, if known, the phrase “or current occupant”, and the address of the property; (2) specify the date on which the eviction is first scheduled to be executed; (3) state that the eviction will be executed on that date unless the occupant moves out and delivers control of the property to the foreclosure purchaser; (4) prominently warn the occupant that any personal property left on the foreclosed property will be considered abandoned and may be disposed of on execution of the writ of possession; and (5) state that it is the final notice of the date of the eviction, even if the eviction date is postponed by the Sheriff or the court. *History: Ord. 08-041* *History: Ord. 11-458* *History: * ##### § 8B-3 Vacating execution of writ. Balt., Md., Code art. 13, § 8B-3 (2026) (a) If the Sheriff reasonably believes that neither the Sheriff nor the foreclosure purchaser provided the occupant with the notice required by§ 8B-2, the Sheriff shall notify the Circuit Court and may not execute the writ of possession until further order of the Court. (b) If the Circuit Court finds that neither the foreclosure purchaser nor the Sheriff provided the occupant with the notice required by § 8B-2 of this subtitle, the Circuit Court shall vacate the writ of possession. (c) If the foreclosure purchaser provides a copy of the notice, certificate of mailing, and signed affidavit by the person who posted the property, all of which are dated within the proper time periods required by § 8B-2 of this subtitle, there is a rebuttable presumption that the occupant was notified. *History: Ord. 08-041* *History: Ord. 09-217* *History: Ord. 11-458* *History: * ##### § 8B-4 Unclaimed property is abandoned. Balt., Md., Code art. 13, § 8B-4 (2026) (a) All personal property in or about the foreclosed property at the time that the writ of possession is executed is abandoned. (b) Neither the foreclosure purchaser nor someone acting on the purchaser’s behalf is liable for any loss or damage to abandoned property. *History: Ord. 08-041* *History: * ##### § 8B-5 Disposition of abandoned property. Balt., Md., Code art. 13, § 8B-5 (2026) The foreclosure purchaser shall dispose of abandoned personal property by: (1) transporting it to a licensed landfill or solid waste facility; (2) donating it to charity; (3) donating it to the former occupant or former owner; or (4) some other legal means. *History: Ord. 08-041* *History: * ##### § 8B-6 Prohibited placement in public way. Balt., Md., Code art. 13, § 8B-6 (2026) Under no circumstances may any property, abandoned or otherwise, be placed in a public right-of-way or on any public property. *History: Ord. 08-041* *History: * ##### §§ 8B-7 to 8B-8 Balt., Md., Code art. 13, § 8B-7 to 8B-8 (2026) Reserved *History: * ##### § 8B-9 Penalties. Balt., Md., Code art. 13, § 8B-9 (2026) (a) Any person who violates any provision of § 8B-5 or § 8B-6 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 08-041* *History: * #### Subtitle 8C – Lease Renewals ##### § 8C-1 Definitions. Balt., Md., Code art. 13, § 8C-1 (2026) (a) In this subtitle, the following terms have the meanings specified. (b) “Dwelling unit” has the meaning stated in § 202.2 of the Property Maintenance Code of Baltimore City. (c) (1) “Landlord” means an owner, lessor, sublessor, assignee, or agent of any other person receiving or entitled to receive rents or benefits for the use or occupancy of any dwelling unit. (2) “Landlord” includes any person who has an option to buy or who has entered into a contract to buy any dwelling with the intent to offer the dwelling unit for rent. (d) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes, except as used in § 8C-6 {“Penalties”} of this subtitle, a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 21-037* *History: Ord. 22-125* *History: * ##### § 8C-2 Lease renewal required. Balt., Md., Code art. 13, § 8C-2 (2026) (a) Except for good cause described in subsection (b) of this section, at least 75 days but no more than 100 days prior to the end of a term lease or periodic tenancy, a landlord shall offer a tenant a reasonable opportunity to renew the lease subject to a reasonable, non-retaliatory increase in the rent or change in lease terms. (b) (1) In this subsection, “substantial breach of the lease” does not include failure to pay rent or other charges. (2) The requirement set forth in subsection (a) of this section does not apply if: (i) the tenant has caused a substantial breach of the lease that warrants non-renewal, and after receiving written notice to cure or correct the breach, the tenant has failed to comply within 45 days; (ii) the landlord seeks to recover possession of the leased premises for use by the landlord or the landlord’s spouse, child, parent, or grandparent as their primary residence; (iii) the landlord seeks to permanently remove the leased premises from the rental market; (iv) the landlord, after having obtained all necessary permits, seeks to undertake substantial repairs or renovations that cannot be completed while the leased premises is occupied; or (v) the leased premises are owner-occupied and the landlord leases out a single rental unit on the premises. (3) If a landlord declines to offer to renew the lease for good cause as described in paragraph (2) of this subsection, the landlord shall send a notice at least 75 days but no more than 100 days prior to the end of the lease term to the tenant advising the tenant that the landlord is declining to offer a renewal and stating with specificity the facts related to the good cause for declining to offer a renewal, including, if a substantial breach of the lease is alleged, the specific facts related to the breach. *History: Ord. 21-037* *History: * ##### § 8C-3 Method of notice. Balt., Md., Code art. 13, § 8C-3 (2026) A landlord’s offer to renew the lease or notice declining to offer a renewal must be in writing and delivered to the tenant by first-class mail with certificate of mailing or by electronic means if consented to in advance by the tenant in the writing. *History: Ord. 21-037* *History: * ##### § 8C-4 Presumption of offer and acceptance. Balt., Md., Code art. 13, § 8C-4 (2026) (a) Except as otherwise provided in subsection (b) of this section, there shall be a presumption that the landlord’s offer of a lease renewal is on the same terms and conditions as the current lease and the tenant’s acceptance of that offer. (b) The presumption described in subsection (a) of this section does not exist if: (1) the landlord provides timely notice declining to renew for good cause as specified in § 8C-2(b) of this subtitle; (2) the tenant fails to respond to a timely notice offering to renew the lease as specified in § 8C-2(a) of this subtitle; or (3) a notice declining to renew the lease is provided by the tenant to the landlord under the terms of the lease or other applicable law. *History: Ord. 21-037* *History: * ##### § 8C-5 Balt., Md., Code art. 13, § 8C-5 (2026) Reserved *History: * ##### § 8C-6 Penalties. Balt., Md., Code art. 13, § 8C-6 (2026) Any person who violates any provision of this subtitle or any provision of a rule, regulation, or order adopted or issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 21-037* *History: * ##### § 8C-7 Balt., Md., Code art. 13, § 8C-7 (2026) Reserved *History: * ##### § 8C-8 Termination of subtitle. Balt., Md., Code art. 13, § 8C-8 (2026) This subtitle shall automatically expire on the 181st day following the expiration of the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor. *History: Ord. 21-037* *History: * #### Subtitle 9 – Rental Units in Floodplain District ##### § 9-1 Definitions. Balt., Md., Code art. 13, § 9-1 (2026) (a) For the purposes of this subtitle, certain words, terms and phrases, and their derivatives, shall be construed and given the meaning specified in this section. (b) “Floodplain District” means the Floodplain District and Subdistricts established under the Floodplain Management Code, City Code Article 7 {“Natural Resources”}, Division I {“Floodplain Management”}. (c) “Landlord” means an owner, lessor, sublessor, assignee, any agent thereof or any other person receiving or entitled to receive rents or benefits for the use or occupancy of any residential rental unit within the City of Baltimore. (d) “Owner” means any person or entity having legal or equitable title to 1 or more rental units. (e) “Purchaser” means anyone who purchases 1 or more rental units. (f) “Tenant” means a tenant, subtenant, lessee, sublessee, or other person entitled to the possession of any rental unit owned by another person, and of whom the landlord of said unit has actual knowledge. *History: Ord. 82-754* *History: Ord. 14-209* *History: * ##### § 9-2 Notice to prospective tenant. Balt., Md., Code art. 13, § 9-2 (2026) If any part of a rental unit, including the parking area or separate storage area for that unit, is within the Floodplain District, and the City has notified the landlord of that fact by first class mail, bulk mail, or otherwise, or the landlord has received notice of that fact from some other governmental agency, the landlord shall provide any prospective tenant with the following notice and acknowledgment: Notice to Prospective Tenant The rental unit you are to occupy or the motor vehicle parking area or separate storage facility you are to use (as the case may be) is situated in an area prone to flooding during unusually heavy or prolonged steady periods of rain. Such flooding may damage personal belongings and motor vehicles. Because of this possible loss, you may be eligible for U. S. Government subsidized flood insurance on the personal belongings in your unit. In any event, because of this danger of loss of your personal belongings due to flooding, you may wish to consider acquiring flood insurance which may be purchased from some insurance agents. Damage to motor vehicles may not be covered by such insurance; therefore you may also wish to determine whether or not you have sufficient motor vehicle insurance to cover loss due to damage of your motor vehicle resulting from flooding in this area. The Baltimore City Department of Planning can provide information pertaining to the susceptibility of this area to flooding. You may wish to contact that Department, at (telephone number), before signing either this acknowledgment or the lease agreement for this rental unit. Acknowledgment by Prospective Tenant I acknowledge reading and understanding the foregoing warning concerning flooding. I have been provided time, prior to signing either this acknowledgment or a lease, to contact the Baltimore City Department of Planning concerning the susceptibility of the area around my rental unit to flooding. Tenant’s Signature *History: Ord. 82-754* *History: Ord. 14-209* *History: * ##### § 9-3 Form of notice. Balt., Md., Code art. 13, § 9-3 (2026) The notice and acknowledgment required by § 9-2 of this subtitle shall be in printed form, utilizing bold face type, and set apart from the body of the lease. The acknowledgment shall provide space for a written acknowledgment that the tenant is cognizant of the flood risk. *History: Ord. 82-754* *History: Ord. 14-209* *History: * ##### § 9-4 Method of presentment. Balt., Md., Code art. 13, § 9-4 (2026) (a) Where there is a written lease between the landlord and tenant, the notice and acknowledgment required by § 9-2 of this subtitle shall be initialed by both parties and attached in a secure manner to the lease. (b) Where the lease agreement between the landlord and tenant is oral, the notice and acknowledgment required by § 9-2 of this subtitle shall be presented to the tenant before his agreeing to the lease. *History: Ord. 82-754* *History: Ord. 14-209* *History: * ##### § 9-5 Liability for omission. Balt., Md., Code art. 13, § 9-5 (2026) Any landlord who has received notice from the City or any other governmental agency that the tenant’s unit is within the Floodplain District and who has failed to give the notice and acknowledgment referred to in § 9-2 of this subtitle shall be liable for actual damages proximately caused by natural flooding. *History: Ord. 82-754* *History: Ord. 14-209* *History: * ##### § 9-6 Balt., Md., Code art. 13, § 9-6 (2026) Reserved *History: * ##### § 9-7 Affidavit of owner. Balt., Md., Code art. 13, § 9-7 (2026) Prior to the transfer of title from owner to purchaser of rental units situated in an area prone to flooding during unusually heavy or prolonged steady periods of rain, it shall be a precondition to the payment of the transfer tax imposed by Article 28, Subtitle 17 of the Baltimore City Code that the owner file an averment under penalty of perjury stating that he has notified the purchaser in writing of the possibility of such flooding. Such averment shall be filed with the Director of Finance of Baltimore City. *History: Ord. 82-754* *History: * ##### § 9-8 Landlord’s burden of proof. Balt., Md., Code art. 13, § 9-8 (2026) (a) In any civil action resulting from the provisions of this subtitle, the landlord shall bear the burden of proving that the tenant has been provided with the notice required by either § 9-2 or 9-6 of this subtitle, as the case may be. (b) It shall be a rebuttable presumption that the landlord has satisfied said burden if he can produce said notice with the tenant’s signature affixed thereto. (c) It shall be a rebuttable presumption that the landlord has satisfied said burden for any tenants who were tenants at the effective date of this subtitle if the landlord can produce a proof of mailing to current tenants of whom the landlord has actual knowledge. *History: Ord. 82-754* *History: * #### Subtitle 10 – Condominiums ##### § 10-1 Legislative findings. Balt., Md., Code art. 13, § 10-1 (2026) (a) The Mayor and City Council of Baltimore hereby finds and declares that a rental housing shortage presently exists in 2 areas of Baltimore City of emergency proportions which has been caused, in large part, by the conversion of rental housing to condominiums. In addition, at the present time the number of conversions to condominium regimes is accelerating at a rapid rate. (b) These increasing numbers of conversions exacerbate an already severe shortage of moderate rental housing in the City while the poor economic conditions in the building trades have almost halted the construction of new rental units. As a result, the Mayor and City Council finds that the combination of the conversion of existing rental units and the lack of construction of new rental units has resulted in an extreme scarcity of rental housing in the City and insufficient numbers of rental units available to low and moderate income tenants. (c) The Mayor and City Council further finds that conversions of rental units has resulted in the displacement of tenants and caused these tenants severe financial and emotional stress in their need to relocate. Studies have shown that elderly and handicapped tenants suffer serious emotional and physical disturbances when they are advised that their buildings are being converted into condominiums. (d) Accordingly, the Mayor and City Council finds that it is in the interests of the public health, safety and general welfare that the following provisions be added to the existing laws. *History: Ord. 82-777* *History: * ##### § 10-2 Definitions. Balt., Md., Code art. 13, § 10-2 (2026) (a) The following words have the meanings indicated unless their context requires otherwise. (b) “Commissioner” means the Commissioner of the Department of Housing and Community Development. (c) “Condominium” and “condominium regime” mean property established as a condominium regime under Title 11 of the State Real Property Article. (d) (1) “Condominium unit” and “unit” mean a 3-dimensional space identified as such in the declaration and on the condominium plat the boundaries of which are established in accordance with Title 11 of the State Real Property. (2) A unit may include 2 or more non-contiguous spaces. (e) “Conversion” means the subjection of a property which was previously rental facility to a condominium regime. (f) “Designated household” shall include a household with a senior citizen who: (1) is at least 60 years old on the date the conversion notice is given, as required by § 11-102.1 of the State Real Property; and (2) has lived in the household at least 12 months preceding the giving of the notice. (g) “Developer” means any person who subjects his/her property to a condominium regime. (h) “Landlord” means: (1) the owner, the owner’s agent, lessor, or sublessor of the dwelling unit or the property of which it is a part; and (2) in addition, any person authorized to exercise any aspect of the management of the premises except those persons engaged solely in custodial and maintenance functions. (i) (j) “Real Property Article” means the Real Property Article, Annotated Code of Maryland. (k) “Rental facility”: (1) means any structure, or combination of related structures and appurtenances, operated as a single entity, containing 5 or more dwelling units, which the operator thereof provides for; but (2) may not be construed to mean: (i) any transient facility such as boarding houses, tourist homes, inns, motels, hotels, hospitals, medical facilities, or school dormitories; or (ii) any facilities operated for religious or eleemosynary purposes. *History: Ord. 82-777* *History: Ord. 22-124* *History: Ord. 22-125* *History: * ##### § 10-3 Notices to City. Balt., Md., Code art. 13, § 10-3 (2026) (a) A developer shall file with the Commissioner of the Department of Housing and Community Development a copy of the notice of intention to create a condominium concurrently with the giving of such notice to tenants under § 11-102.1 of the Real Property Article. (b) The owner or developer of any property in the City shall give written notice to the Commissioner of the subjection of the property to a condominium regime in the City, concurrently with the recordation of the declaration, by-laws, and condominium plat in the land records of the City under § 11-102 of the Real Property Article. (c) The owner or developer shall file with the Commissioner concurrently with filing with the Secretary of State under § 11-127 of the Real Property Article, copies as required by Executive Regulation of the public offering statement described in § 11-126 of the Real Property Article, and copies of all amendments thereto. *History: Ord. 82-777* *History: * ##### § 10-4 Designated areas. Balt., Md., Code art. 13, § 10-4 (2026) The provisions of this subtitle shall apply only to the designated areas which are bounded by the following streets, the boundary streets to be included: (1) The Northwest District is that area bounded by the following streets: Beginning at the intersection of Roland Avenue and the City line, south on Roland Avenue to the intersection of Roland and Northern Parkway, then west on Northern Parkway to the intersection of Northern Parkway and Western Maryland Railroad and then north along the Western Maryland Railroad right-of-way to the intersection of the right-of-way and the City line. (2) The Central District is that area bounded by the following streets: Beginning at the intersection of Charles Street and Wyndhurst, west on Wyndhurst to the intersection of Wyndhurst and Keswick, then south on Keswick to the intersection of Keswick and Cold Spring Lane, then west on Cold Spring Lane to the intersection of Cold Spring Lane and Evans Chapel Road, south on Evans Chapel Road to the intersection of Evans Chapel Road and 41st Street, then east on 41st Street to 40th Street, then east on 40th Street to the intersection of 40th Street and Keswick, then south on Keswick to 39th Street, east on 39th Street to Tudor Arms Avenue, north on Tudor Arms Avenue to the intersection of University Parkway and Tudor Arms Avenue, then south on University Parkway to the intersection of University Parkway and Charles Street, then south on Charles Street to the intersection of Charles Street and Art Museum Drive, west on Art Museum Drive to the intersection of Howard Street and Art Museum Drive, then south on Howard Street to the intersection of Howard and Baltimore Streets, then east on Baltimore Street to the intersection of Baltimore and Guilford Avenue, then north on Guilford Avenue to the intersection of Guilford Avenue and University Parkway, then north on University Parkway to the intersection of University Parkway and Greenway, then north on Greenway to Charles Street, then north on Charles Street to the intersection of Charles and Wyndhurst. *History: Ord. 82-777* *History: * ##### § 10-5 Extended leases. Balt., Md., Code art. 13, § 10-5 (2026) (a) Designated household, as defined in § 11-137 of the Real Property Article, shall be entitled to an extended lease, beyond the 3-year period provided by State law, for a period of no less than 3 additional years. This additional 3-year period shall also apply to any tenant who received a 3-year extension pursuant to State law during the period July 1, 1981 through October 24, 1982. (b) Any increase in the rental fee for each of these additional 3 years shall not exceed an amount determined by multiplying the annual rent for the preceding year by the percentage increase for the rent component of the U.S. Consumer Price Index for urban wage earners and clerical workers (CPI-W)(1967=100), as published by the U.S. Department of Labor, for the most recent 12-month period. *History: Ord. 82-777* *History: Ord. 84-209* *History: * ##### § 10-6 Substantial rehabilitation. Balt., Md., Code art. 13, § 10-6 (2026) If a conversion to condominium involves substantial rehabilitation or reconstruction of a unit, before a designated household can be required to vacate that unit the developer must obtain certification from the Commissioner of Housing and Community Development that the rehabilitation will constitute a danger to the health and safety of the tenants. *History: Ord. 82-777* *History: * ##### § 10-7 Applicability of subtitle. Balt., Md., Code art. 13, § 10-7 (2026) The provisions of this subtitle and of § 11-137 of the Real Property Article shall apply to all rental facilities containing 5 or more units. *History: Ord. 82-777* *History: * ##### § 10-8 Complaints; penalties; enforcement. Balt., Md., Code art. 13, § 10-8 (2026) (a) (1) Any person subjected to any unlawful practice as set forth in this subtitle may file a complaint in writing with the Commissioner of the Department of Housing and Community Development. (2) The Commissioner of the Department of Housing and Community Development is hereby authorized and directed to receive complaints filed pursuant to this subtitle and to conduct such investigations and hearings as he deems necessary. (b) Whenever it is determined by the Commissioner of the Department of Housing and Community Development that there has been a violation of this subtitle the Commissioner is authorized to commence with 1 or more of the following procedures: (1) attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement; or (2) seek a written assurance of discontinuance which shall be signed by the developer and the Commissioner; or (3) refer the matter to the City Solicitor for injunctive or other appropriate legal action. (d) Any owner or developer who violates any provision of this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500 or imprisonment for a period of not more than 6 months, or both. (e) In addition to any criminal or other penalty herein provided, injunctive or other appropriate action or proceeding to correct a violation of this subtitle may be instituted by the City Solicitor and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or other appropriate forms of relief. (f) Nothing herein shall prevent any person from exercising any right or seeking any remedy to which such person might otherwise be entitled or from filing an appropriate complaint with a court of law or equity. *History: Ord. 82-777* *History: * ##### § 10-9 Extended lease benefits; income eligibility. Balt., Md., Code art. 13, § 10-9 (2026) (a) Effective July 1, 1983 the income eligibility figure applicable to designated households seeking an extended lease under the provisions of this subtitle and of § 11-137 of Title 11, the Maryland Condominium Act, of the Real Property Article, Annotated Code of Maryland, shall be the income eligibility figure prepared annually by the Secretary of State for the Baltimore Standard Metropolitan Statistical Area. (b) The provisions of this section shall apply throughout the City, whether the dwelling is within or without a designated area as defined in § 10-4 above. *History: Ord. 83-944* *History: * ### Division III – Vacant Lots; Peep Show Establishments #### Subtitle 11 – Registration of Vacant Lots ##### § 11-1 Definitions. Balt., Md., Code art. 13, § 11-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Building” means a structure or edifice of any kind constructed for the shelter, support, or enclosure of persons, animals, chattels, or operations. (c) “Lot” means an individual parcel of real property or a portion of a block that is identified by a symbol in accordance with City Charter Article VII, § 116(k) and shown on a block plat filed among the records of the Department of Transportation. (d) (1) “Owner” has the meaning stated in § 202.2 of the Baltimore City Property Maintenance Code, except as provided in paragraph (2) of this subsection. (2) “Owner” does not include a governmental entity or an instrumentality or unit of a governmental entity. (e) “Vacant” means unimproved by an assessed building. *History: Ord. 82-642* *History: Ord. 04-832* *History: Ord. 09-217* *History: Ord. 13-093* *History: Ord. 15-427* *History: Ord. 15-435* ##### § 11-2 Registration required. Balt., Md., Code art. 13, § 11-2 (2026) (a) Except as provided in subsection (d) of this section, by September 1 of each year, the owner of a vacant lot that is assessed for $100 or more must file a registration statement with the Commissioner on a form to be provided by the Commissioner. (b) (1) The annual registration fee is $25 for each vacant lot, with a maximum fee of $5,000 for all lots titled to the same owner of record. (2) This fee must be paid at the time of registration. (c) A new owner of a vacant lot must, at the time of acquisition: (1) file a registration statement; and (2) pay the annual registration fee, unless that fee already was paid by the prior owner. (d) This section does not apply to a vacant lot that: (1) adjoins a non-vacant lot that is titled to the same owner of record as the vacant lot and is the owner’s primary residence; (2) contains a parking pad that complies with the surface requirements of Baltimore City Building Code § 3116 {“Parking Lots, Driveways, and Other Paved Surfaces”} and is actively used by a person whose primary residence is within 100 feet of the pad; or (3) extends beyond City limits. *History: Ord. 82-642* *History: Ord. 04-832* *History: Ord. 10-269* *History: Ord. 13-093* *History: Ord. 20-361* ##### § 11-3 Information required with registration. Balt., Md., Code art. 13, § 11-3 (2026) (a) The registration statement shall contain the following information: (1) a description of the premises by street number or otherwise, in such manner as to enable the Commissioner to find the same; (2) the name and address of the owner of record, and in addition, if the owner is a corporation, the name and address of the resident agent thereof; and (3) the name and residence or business address of a natural person 18 years of age or older, who is customarily present in an office in the City for the purposes of transacting business or who resides within the City, and who shall be designated by the owner as his authorized agent for receiving notices of violations relating to the property and for receiving court process on behalf of such owner in connection with the enforcement of ordinances relating to the property. (b) An owner who is a natural person and who meets the requirement of this section as to location of residence or place of transacting business, may designate himself as agent. (c) For purposes of this section a post office box does not suffice as an address. (d) The Commissioner must be notified within 10 days of any change in the agent designated in accordance with subsection (a) above or in the agent’s address. *History: Ord. 82-642* *History: Ord. 22-124* ##### § 11-4 Interest and late fees. Balt., Md., Code art. 13, § 11-4 (2026) (a) If an owner fails to pay the registration fee imposed by this subtitle within 30 days of the date on which it is due, the owner is liable for the following, in addition to the registration fee: (1) interest at the rate of 1% for each month or fraction of a month that the registration fee is overdue; and (2) a late fee at the rate of 1% for each month or fraction of a month that the registration fee is overdue. (b) The interest and late fee imposed by this section are in addition to any other penalties authorized by law. (c) (1) All registration fees, interest, and late fees provided for in this section are a personal debt owed by the owner of the vacant lot. (2) These fees and interest: (i) are a lien in favor of the Mayor and City Council of Baltimore on the vacant lot; and (ii) may be collected or enforced the same as any other debts or liens due to or in favor of the Mayor and City Council of Baltimore. *History: Ord. 82-642* *History: Ord. 04-832* ##### § 11-5 Criminal penalties. Balt., Md., Code art. 13, § 11-5 (2026) (a) Any violation of the provisions of this subtitle shall be deemed a misdemeanor, and upon conviction therefor, any such owner shall be punishable by a fine of up to $300 for each day of violation. (b) Any owner of a vacant lot subject to this subtitle, who shall fail to file a registration statement as required by this section, shall be liable for said penalty without notice. *History: Ord. 82-642* #### Subtitle 12 #### Subtitle 13 – Licensing of Peep Show Establishments ##### § 13-1 Definitions. Balt., Md., Code art. 13, § 13-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Director” means the Director of Consumer Protection and Business Licensing or the Director’s designee. (c) (1) “Peep show establishment” means a building or any part of a building that contains 1 or more peep show devices. (2) “Peep show establishment” does not include a theater for the production and viewing of the performing arts or motion pictures, as described in§ 303.1 (Assembly Group A-1) of the Baltimore City Building Code. (d) (1) “Peep show device” means any device operated for commercial purposes in which: (i) motion picture or slide films are projected or viewed on a screen or through a viewer; or (ii) viewed images are exhibited by means of the projection of internal electronic reflection of motion-picture or slide films. (2) “Peep show device” does not include television that reflects externally transmitted images. (e) *History: Ord. 02-475* *History: Ord. 13-093* *History: Ord. 22-125* *History: * ##### § 13-2 Balt., Md., Code art. 13, § 13-2 (2026) Reserved ##### § 13-3 License and compliance required. Balt., Md., Code art. 13, § 13-3 (2026) No person may operate a peep show establishment unless the person: (1) obtains a license from the Director for the operation of the establishment, and (2) complies with the provisions of this subtitle. *History: Ord. 02-475* *History: * ##### § 13-4 License term; fee. Balt., Md., Code art. 13, § 13-4 (2026) (a) Each license issued under this subtitle expires on December 31 of each year. (b) (1) The annual fee for the license is $100 for each peep show device in the establishment. (2) This fee is in addition to any other fees chargeable by the City under City Code Article 15 {“Licensing and Regulation”}. (3) This fee is non-refundable, even if the establishment discontinues operation or is sold, given away, or otherwise disposed of. *History: Ord. 02-475* ##### § 13-5 Investigation of applicant. Balt., Md., Code art. 13, § 13-5 (2026) The Director must investigate each applicant for a new or renewal license to determine that: (1) the applicant did not knowingly make a material misstatement in the application; and (2) the establishment and its operation will comply with the requirements of: (i) the Building, Fire, and Related Codes of Baltimore City, (ii) the Health Code of Baltimore City; (iii) the Zoning Code of Baltimore City; and (iv) all other applicable laws. *History: Ord. 02-475* *History: Ord. 07-552* *History: * ##### § 13-6 Issuance of license. Balt., Md., Code art. 13, § 13-6 (2026) The Director must issue or renew the license if, on investigation, the Director finds that all the requirements of this subtitle are met. *History: Ord. 02-475* *History: * ##### § 13-7 Denial of license. Balt., Md., Code art. 13, § 13-7 (2026) (a) The Director may deny an application if, after the applicant has been given the opportunity for a hearing, the Director finds that any requirement of this subtitle is not met. (b) The Director must notify the applicant in writing of the reasons for the denial. *History: Ord. 02-475* *History: * ##### § 13-8 Revocation or suspension of license. Balt., Md., Code art. 13, § 13-8 (2026) (a) The Director may suspend or revoke any license issued under this subtitle if, after the licensee has been given the opportunity for a hearing, the Director finds that: (1) the licensee knowingly made a material misstatement on the application for the issuance or renewal of the license; or (2) the establishment or its operation is in violation of a requirement of: (i) the Building, Fire, and Related Codes of Baltimore City, (ii) the Health Code of Baltimore City; (iii) the Zoning Code of Baltimore City; or (iv) all other applicable law. (b) (1) The Director must notify the licensee in writing of the reasons for the suspension or revocation. (2) The notice must be mailed to the licensee at the address given on the most-recent application for a license. (c) No person who has had a license revoked may obtain a new license at any time within 12 months from the date of the revocation. *History: Ord. 02-475* *History: Ord. 07-552* *History: * ##### § 13-9 Hearings. Balt., Md., Code art. 13, § 13-9 (2026) (a) Before the Director denies, suspends, or revokes any license or license renewal, the Director must notify the applicant or licensee in writing that a hearing will be held to determine whether grounds exist for the denial, suspension, or revocation. (b) The notice must: (1) be mailed to the applicant or licensee, at the address given on the most-recent application, at least 5 days before the scheduled hearing; and (2) include the date, time, and place of the hearing. (c) At the hearing, the applicant or licensee may: (1) have the assistance of counsel; (2) appear by counsel; and (3) present evidence. (d) If the applicant or licensee fails to appear at the hearing, in person or by counsel, the evidence of the grounds for the denial, suspension, or revocation are considered unrebutted. *History: Ord. 02-475* *History: * ##### § 13-10 Balt., Md., Code art. 13, § 13-10 (2026) Reserved ##### § 13-11 Device permit tags. Balt., Md., Code art. 13, § 13-11 (2026) (a) No person may operate a peep show establishment unless every peep show device in the establishment: (1) is plainly marked with a serial number; and (2) has attached to it a permit tag issued by the Director. (b) A permit tag: (1) must be affixed conspicuously to each device; (2) must remain so affixed until: (i) a new or different permit tag is issued for that device; or (ii) the license for the establishment is suspended or revoked; and (3) may not be transferred from 1 person to another or from 1 device to another. *History: Ord. 02-475* *History: * ##### § 13-12 Balt., Md., Code art. 13, § 13-12 (2026) Reserved ##### § 13-13 Building and construction requirements. Balt., Md., Code art. 13, § 13-13 (2026) (a) Every peep show establishment must comply with the building and construction requirements of this section, in addition to any other applicable requirements of the Building, Fire, and Related Codes Article of Baltimore City. (b) Each booth in which a peep show device is located must be constructed of: (1) not less than 1-hour fire-resistive material; or (2) other materials approved by the Fire Department. (c) (1) Each booth in which a peep show device is located must contain at least 24 square feet. (2) The viewing area must be of a size and arrangement that will assure the inability of more than 1 person to use the device at the same time. (d) The aisles of any room in which a peep show device is located must be at least 36 inches wide. (e) For each room in which a peep show device is located, ingress and egress must be provided by: (1) at least 2 doorways that are each at least 36 inches wide; or (2) 1 doorway that meets all of the requirements of the Baltimore City Building Code and other ordinances and regulations of the City for 1 exit. (f) (1) Every doorway that provides ingress to a room in which a peep show device is located must remain unlocked during business hours. (2) Every doorway that provides egress from a room in which a peep show device is located must be provided with an internally illuminated exit sign. (g) A light level sufficient to insure clear visibility and to permit patrons to read a newspaper must be maintained in every area of a peep show establishment to which the public is admitted. *History: Ord. 02-475* *History: Ord. 13-093* *History: Ord. 15-427* ##### § 13-14 Number of devices. Balt., Md., Code art. 13, § 13-14 (2026) (a) The number of peep show devices may not exceed the maximum occupancy load permitted in the room or the partitioned part of a room in which the devices are located. (b) The maximum number of peep show devices permitted in any room must be conspicuously posted at the entrance to that room. *History: Ord. 02-475* ##### § 13-15 Balt., Md., Code art. 13, § 13-15 (2026) Reserved ##### § 13-16 Enforcement. Balt., Md., Code art. 13, § 13-16 (2026) In addition to any other remedy provided in this subtitle or otherwise by law, this subtitle may be enforced by the Director of Consumer Protection and Business Licensing in the manner provided in Baltimore City Code Article 1, Subtitle 42. *History: Ord. 02-475* *History: Ord. 12-093* *History: * ##### § 13-17 Penalties. Balt., Md., Code art. 13, § 13-17 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation. (b) Each day that a violation continues is a separate offense. *History: Ord. 02-475* #### Subtitles 14 to 15 ### Division IV – Regulation of Construction Services #### Subtitle 16 – Gas Appliances And Piping ##### § 16-1 Approval criteria. Balt., Md., Code art. 13, § 16-1 (2026) To be approved for installation in Baltimore City, appliances, accessories and equipment must: (1) be listed by a nationally recognized testing agency such as the American Gas Association, Inc., Laboratories and Underwriters Laboratories, Inc., qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current production of listed models and whose listing states that the appliance, accessory or equipment complies with nationally recognized safety requirements or has been tested and found safe for use in a specified manner; or (2) comply with American National Standards Approval or Listing Requirements covering safe operation, substantial and durable construction and acceptable performance and be registered with the Commissioner of Housing and Community Development of Baltimore City. *History: Ord. 82-642* ##### § 16-2 Registration of appliances. Balt., Md., Code art. 13, § 16-2 (2026) (a) (1) Application shall be made to the Commissioner of Housing and Community Development of Baltimore City and the applicant shall furnish such information and certificates and cause such tests to be conducted as may be required by the Commissioner to secure proper registration and identification of any appliance, accessory, equipment, sample or model thereof; and before such application shall be approved by the Commissioner he shall determine whether such appliance, accessory, equipment, sample or model thereof described therein conforms to the rules and regulations and specifications hereinafter provided for in § 16-8(a)(1) hereof. (2) In connection with such application, the applicant shall file evidence satisfactory to the Commissioner that such appliance, accessory, equipment, sample or model thereof has been examined and tested and found to comply with the rules, regulations, specifications, and requirements as provided for in § 16-8(a)(1). The Commissioner shall not register the appliance, accessory, equipment, sample or model thereof described in said application, unless it shall appear that it conforms to said rules, regulations and specifications, and meets such tests as the Commissioner may prescribe. (b) All appliances, accessories or equipment shall bear an identification number or designation which may be the manufacturer’s regular trade name and model number, and when applied for by such manufacturer, it shall be stated in the application for registration, provided that nothing contained in this ordinance shall be construed to apply to appliances, accessories or equipment used for strictly experimental purposes or for strictly industrial use as may be defined in the rules, regulations and specifications, as provided for in § 16-8(a)(1) hereof. (c) If the Commissioner determines that the appliance, accessory or equipment described in any such application for registration does not conform to said rules, regulations and specifications, or if he is not satisfied with the application, he shall notify the applicant forthwith, stating his reasons therefor. *History: Ord. 80-025* ##### § 16-3 Examination of equipment. Balt., Md., Code art. 13, § 16-3 (2026) (a) The Commissioner of Housing and Community Development of Baltimore City may at any time cause an examination to be made of any appliance, accessory, or equipment. (b) If it shall be found, upon such examination, that such appliance, accessory, or equipment does not comply with the rules, regulations, and specifications, as provided for in § 16-8(a)(1) hereof, or is otherwise unsafe the Commissioner shall notify the registrant, installer, or seller wherein said appliance, accessory, or equipment does not conform to said rules, regulations, and specifications, or wherein it is otherwise unsafe. (c) The said registrant, installer or seller shall be accorded reasonable opportunity to conform the appliance, accessory, or equipment to said rules, regulations, and specifications, or to correct within a reasonable time the hazardous feature or features thereof. (d) (1) If the registrant, installer, or seller shall not within a reasonable time conform the appliance, accessory, or equipment to said rules, regulations, and specifications, or correct the hazardous feature or features of the appliance, accessory, or equipment, the Commission shall cancel the registration of said appliance, accessory, or equipment and notify the registrant, installer, or seller in writing that, after the expiration of 10 days, no such appliance, accessory, or equipment shall be installed, sold, or offered for sale in the City of Baltimore. (2) Provided that any action of cancellation taken by the Commissioner shall not be construed to prohibit the former registrant from reapplying for registration, in which event all the provisions relating to original applications shall apply. *History: Ord. 80-025* ##### § 16-4 Cancellation of registration. Balt., Md., Code art. 13, § 16-4 (2026) (a) The Commissioner of Housing and Community Development of Baltimore City is authorized to cancel the registration of any model of appliance, accessory, or equipment if any of the rules, regulations, and specifications, as provided for in § 16-8(a)(1) hereof, are violated in the design or performance of any such model or sample. (b) Provided that no cancellation shall be made without the registrant being first accorded an opportunity of a hearing and to show cause why the registration should not be cancelled and, upon the decision, after hearing by the Commissioner, that such rules, regulations, and specifications are being violated and the application should be cancelled, cancellation shall be effective 10 days after the decision of the Commissioner. *History: Ord. 80-025* ##### § 16-5 Gas tubing instruments. Balt., Md., Code art. 13, § 16-5 (2026) Appliances, accessories and equipment herein referred to shall be construed to include instruments for use in connection with gas tubing or appliances which affect the normal and regular use of such tubing or appliances without said device, such as economy devices, accessories, solid tops, and other such equipment which is intended to be used in conjunction with self-contained appliances and which cannot be considered as a gas consuming appliance. *History: Ord. 80-025* ##### § 16-6 Information. Balt., Md., Code art. 13, § 16-6 (2026) Any person, firm, or corporation may, without charge, secure from the Commissioner of Housing and Community Development of Baltimore City, information regarding the registration with the said Commissioner of any appliance, accessory, or equipment. *History: Ord. 80-025* ##### § 16-7 Establishment of Gas Appliance Board. Balt., Md., Code art. 13, § 16-7 (2026) (a) (1) There is hereby established a Board to be known as “The Gas Appliance Board of Baltimore City”, said Board to consist of 5 members: (i) 1 of whom shall be the Commissioner of Housing and Community Development of Baltimore City ex officio; (ii) 1 of whom shall be the Director of Construction and Building Inspection of Baltimore City ex officio; (iii) 1 of whom shall be the Commissioner of Health of Baltimore City ex officio; and (iv) 2 of whom shall be appointed by the Mayor. (2) One of the latter 2 must be a representative of the Baltimore Gas & Electric Company of Baltimore, and the other must be a Master Plumber who must also be a Registered Gas Fitter of Baltimore City. (b) The members of the Board shall receive no compensation for their services hereunder. (c) The Mayor shall designate one of the members of the Board as Chairman. (d) The Board of Estimates of Baltimore City has heretofore by Resolution recommended the creation of “The Gas Appliance Board of Baltimore City”. *History: Ord. 80-025* *History: Ord. 99-526* ##### § 16-8 Duties of Gas Appliance Board. Balt., Md., Code art. 13, § 16-8 (2026) (a) In order to safeguard and protect the health and safety of the people of Baltimore City, the Board is hereby authorized and empowered: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to make, adopt and promulgate rules, regulations, and specifications governing the design, construction, and performance of all appliances, accessories, or equipment and/or samples or models thereof for use with, by, or for the combustion of gas as distributed and/or sold in the City of Baltimore, provided that all rules, regulations, and specifications so made, adopted, and promulgated shall be pursuant to but not in conflict with the provisions of this subtitle; (2) to develop and administer examinations, testing applicants’ knowledge of the trade and work of gas fitting; and (3) to require, in cases of specific types of gas appliances where the Board deems that public safety warrants it, that persons, including those already registered as Master Gas Fitters and Gas Fitters of Baltimore City, who engage in the installation of such appliances, shall qualify to the Board by additional examinations as having the necessary skill and facilities to perform such work. There shall be no charge for such additional examination. (b) (1) The Board in making and adopting said rules, regulations, and specifications may consider the rules regulations, and specifications established by the American National Standard Institute, or any other rules, regulations, and specifications relating to said subject. (2) Whenever the Board shall determine that it is necessary and/or desirable to test in a laboratory or testing agency any appliance, accessory, or equipment offered for registration, in order to determine whether or not the same complies with the rules, regulations, or specifications prescribed by the Board under the authority of this subtitle, the Commissioner of Housing and Community Development of Baltimore City is hereby authorized to direct said tests to be made by the laboratories of either the United States Bureau of Standards, the Johns Hopkins University, the American Gas Association, or any other laboratory or testing agency approved by the Commissioner; and the Commissioner is hereby further authorized and directed to require the costs of such tests to be paid in advance by the applicant of registration. *History: Ord. 80-025* *History: Text Conformed 02/19/21* ##### § 16-9 Registration and examination of gas fitters. Balt., Md., Code art. 13, § 16-9 (2026) (a) (1) The installation of gas piping and gas appliances shall be made by a “Master Gas Fitter of Baltimore City” or by a “Journeyman Gas Fitter of Baltimore City” under the supervision of a “Master Gas Fitter of Baltimore City”, both of whom shall be registered as specified below. (2) Every person or at least 1 member of every firm, or 1 officer of every corporation doing or contracting to do gas fitting work shall be registered as a “Master Gas Fitter”. (3) Every gas fitter working as a “Journeyman Gas Fitter” shall have a “Journeyman Gas Fitter” registration card. (4) “Master Gas Fitter” cards shall be issued to individuals and not to a firm or corporation. A “Master Gas Fitter” may represent only 1 firm or corporation. (b) (1) Before being registered as a “Master Gas Fitter” the applicant must furnish satisfactory evidence that the applicant has worked at the gas fitting trade for at least 2 years as a “Journeyman Gas Fitter”. (2) The applicant shall be required to take a written examination testing the applicant’s knowledge of the gas fitting regulations. (3) If a passing grade of at least 75% is achieved the applicant will be subjected to an oral examination which may be accompanied by a practical demonstration. (4) The applicant must pass both the oral examination and practical demonstration, if given, to qualify as a "Master Gas Fitter". (c) (1) Before being registered as a “Journeyman Gas Fitter” the applicant must furnish satisfactory evidence that: (i) he or she has worked at the gas fitting trade for at least 2 years and has attended the gas fitting school sponsored by the Baltimore Gas and Electric Company or an equivalent school; or (ii) he or she has worked at the gas fitting trade exclusively for at least 1 year with a company that provides theoretical and practical training in an approved training program. (2) The applicant shall be required to take a written examination testing the applicant’s knowledge of the gas fitting regulations. (3) If a passing grade of at least 75% is achieved, the applicant will be qualified as a “Journeyman Gas Fitter”. (d) In lieu of the above testing requirements, a Master Gas Fitter license or a Journeyman Gas Fitter license may be issued to an applicant: (1) who has passed an examination, given by a county or municipality in the State of Maryland, which the Board deems requires the same degree of competency, skill and achievement in the gas fitting field that is required by Baltimore City; and (2) who has an active license issued by the examining county or municipality and furnishes written verification from the county or municipality that he or she has been actively engaged in business for not less than 1 year immediately prior to the date of filing said application; and (3) the county or municipality reciprocates by issuing licenses of a similar class to licensed gas fitters of Baltimore City, authorizing such licensees to do the same type of work within that county or municipality. *History: Ord. 80-025* *History: Ord. 82-703* ##### § 16-10 Fees for examination and license. Balt., Md., Code art. 13, § 16-10 (2026) (a) The following charges shall be made to cover the cost of examination:

(1) Master Gas Fitter License

$25

(2) Journeyman Gas Fitter License

$15
(b) The following charges for licenses are:

(1) Master Gas Fitter License

$75

(2) Journeyman Gas Fitter License

$25
(c) The license year for all licenses shall run from January 1 through December 31 and renewal fees are as above. *History: Ord. 80-025* *History: 89-308* ##### § 16-11 Renewal of licenses. Balt., Md., Code art. 13, § 16-11 (2026) All persons who are registered pursuant to the provisions of this subtitle shall have their gas fitter license for Baltimore City renewed annually on January 1 without the necessity for reexamination upon the payment of $75 for Master Gas Fitter or $25 for Journeyman Gas Fitter. *History: Ord. 80-025* *History: 89-308* ##### § 16-12 Lapse of registration. Balt., Md., Code art. 13, § 16-12 (2026) (a) Any Master or Journeyman Gas Fitter of Baltimore City who allows his or her registration to lapse may reapply for reinstatement and at the discretion of the Gas Appliance Board of Baltimore City be reinstated upon the payment of the renewal fee. (b) However, after a 6-month lapse, the applicant will be treated as a new applicant and will be subjected to the same examination as new applicants and be required to pay the same fees. (c) Any person who has qualified for any gas fitter license but who has not applied for registration within 6 months of being tested shall be required to be retested before a license is issued and pay the applicable examination fee. *History: Ord. 80-025* ##### § 16-13 Suspension of registration. Balt., Md., Code art. 13, § 16-13 (2026) (a) Whenever the work of a registered gas fitter of Baltimore City is believed to be unsatisfactory after inspection, or if a gas fitter shall violate any of the rules and regulations promulgated by the Board, his registration may be suspended or revoked by the Commissioner of Housing and Community Development of Baltimore City upon written notice by said Commissioner to such gas fitter that a hearing will be accorded him on a certain day to show cause why such suspension or the revocation should not be made, and after the hearing, the Commissioner may suspend temporarily or revoke permanently the registration of any such gas fitter. (b) Provided, that whenever the license shall have been revoked permanently, the person shall not be prohibited from reapplying, but such new application shall not be made in a less period than that designated by the Commissioner from the date of permanent revocation, and all of the provisions for original applications shall be applicable. *History: Ord. 80-025* ##### § 16-14 Permits for installation of gas piping and gas appliances. Balt., Md., Code art. 13, § 16-14 (2026) Only registered Master Gas Fitters of Baltimore City may apply and receive permits to install gas piping and gas appliances. *History: Ord. 80-025* ##### § 16-15 Duties of Health Commissioner. Balt., Md., Code art. 13, § 16-15 (2026) Inasmuch as the purpose of this subtitle is to safeguard the people of Baltimore City: (1) the Commissioner of Health of Baltimore City is directed to report any condition which he believes to be hazardous due to the use of any appliance, accessory, or equipment with, by or for the combustion of gas as distributed and/or sold in the City of Baltimore to the Commissioner of Housing and Community Development of Baltimore City; and (2) the Commissioner of Housing and Community Development is hereby directed to obtain the advice of the Commissioner of Health in any matter in which he deems that such advice may promote the safety and health of the people of Baltimore. *History: Ord. 80-025* ##### § 16-16 Penalties. Balt., Md., Code art. 13, § 16-16 (2026) Any person, firm, or corporation violating any of the provisions of this subtitle shall be subject to prosecution, and upon conviction shall be subject to a fine of not less than $5 nor more than $100 for each offense. *History: Ord. 80-025* #### Subtitle 17 – Board of Electrical Examiners and Supervisors ##### § 17-1 Definitions. Balt., Md., Code art. 13, § 17-1 (2026) (a) In this subtitle the following words have the meanings indicated. (b) “Master electrician” means any person, firm, and corporation engaged in the business of, or holding themselves out to the public as engaged in the business of, installing, erecting, or repairing, or contracting to install, erect, or repair electric wires or conductors, to be used for the transmission of electric current for electric light, heat, or power purposes, or moulding, ducts, raceways, or conduits for the reception or protection of such wires or conductors, or to any electrical machinery, apparatus, devices, or fixtures to be used for electric light, heat, or power purposes. (c) “Master electrician, restricted” means any person holding a license limited to servicing and installing electrical services and allied components no larger than 150 amperes-110/220 volt capacity restricted to a single phase operation to be used for electric light, heat, or power purposes in dwellings that do not contain more than 3 dwelling units. (d) “Restricted electrician” means any person holding a license, or applying for a license, entitling such person or applicant to install, maintain, and repair the particular type or types of electrical equipment specified in the license. (e) “Maintenance electrician” means any person, firm, or corporation engaged in the work of maintaining, servicing, and/or repairing any kind of electrically operated or controlled apparatus, device, equipment, appliance, or machinery, after the original electrical installations have been made by a master electrician licensed by the Board and approved by inspection authorities. (f) “Board” means the Board of Electrical Examiners and Supervisors of Baltimore City. *History: Ord. 83-931* ##### § 17-2 Board. Balt., Md., Code art. 13, § 17-2 (2026) (a) (1) The Board shall be composed of 6 members and shall be a part of the Department of Housing and Community Development. (2) Of the 6 Board members: (i) 1 shall be the Commissioner of Housing and Community Development or his representative, ex officio; (ii) 3 shall be practicing master electricians licensed in the City of Baltimore, 1 of whom shall be a member of the International Brotherhood of Electrical Workers Local Union No. 24; and (iii) 2 members shall be from the general public. (3) The Commissioner or his representative shall not have a vote. (4) All appointments to the Board shall be made without regard to political affiliation. (b) Members of the Board shall be appointed by the Mayor under the provisions of Article IV, § 6 of the Baltimore City Charter. (c) Each member shall be a resident of Baltimore City during his entire term. (d) (1) The term of the members is 4 years concurrent with the Mayor’s term of office. (2) Should any vacancy occur from any cause during the term of any member, the Mayor shall appoint a person from the categories above provided, to fill such vacancy. (3) In no event shall any member of the Board be appointed for more than 2 consecutive full terms. (e) The Mayor has the power to remove any member of the Board under the provisions of Article IV, § 6 of the Baltimore City Charter. (f) (1) The Mayor shall appoint one member of the Board to act as chairperson to serve as chairperson at the pleasure of the Mayor. (2) The members of the Board may elect other officers and adopt such rules and bylaws for the transaction of business of the Board as they may deem expedient. (g) Each member of the Board shall receive compensation as provided in the Ordinance of Estimates. (h) (1) The Board shall meet at least twice a month and shall hold special meetings as frequently as the proper and efficient discharge of its business shall require. (2) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board shall adopt rules and regulations for: (i) the examination of master or maintenance electricians as herein defined; and (ii) the maintaining or servicing or the placing, installing; and operating electrical wires, appliances, apparatus, or construction in, upon, and about buildings in the City of Baltimore. (3) The Board shall give timely notice of meetings. (4) The Board shall give in writing to the chief of the municipal electrical inspectors of Baltimore City a detailed statement of all the licenses issued, renewed or revoked at any meeting of the Board. (5) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board may adopt rules and regulations to carry out the provisions of this subtitle. *History: Ord. 83-931* *History: Ord. 99-526* *History: Text Conformed 02/19/21* ##### § 17-3 Licensing required. Balt., Md., Code art. 13, § 17-3 (2026) (a) Before any person, firm, or corporation shall hereafter engage or continue to engage in the work or business of a master or maintenance electrician in Baltimore City, as defined in this subtitle, such person, firm or corporation shall apply to the Board for a license, and the Board shall provide the applicant with the prescribed forms. (b) This section shall not apply to any person, firm or corporation engaged in the repair and maintenance of electrical appliances and electrical home utilities insofar as making minor adjustments and repairs necessary in connection with the installation and repair of electrical appliances and utilities. *History: Ord. 83-931* ##### § 17-4 Qualifications of applicants. Balt., Md., Code art. 13, § 17-4 (2026) (a) Applicants must be at least 21 years old. (b) An applicant for examination for a master electrician license shall have been regularly and principally employed or engaged in electrical construction, maintenance, installation and repair of all types of electrical equipment and apparatus, all coming within the purview of and subject to all provisions of this subtitle, for a period of not less than 7 years preceding the date of his application, under the direction and supervision of a master electrician, 3 years of which he supervised or was actively in charge of the electrical installation work. (c) The Board may credit the maximum of 3 years for formal course study or professional training in electrical installation which, in the opinion of the Board, provided comparable experience in training otherwise attainable under the supervision of a master electrician or while employed by a government agency. *History: Ord. 83-931* ##### § 17-5 Applications for license. Balt., Md., Code art. 13, § 17-5 (2026) (a) The application shall be filed with the Board at least 30 days prior to the examination months. (b) A false, erroneous, or misleading statement made in an application is cause for rejection of the application or revocation of a license issued to the applicant. *History: Ord. 83-931* ##### § 17-6 Appeal to board of arbitration. Balt., Md., Code art. 13, § 17-6 (2026) (a) Any person whose application for license shall have been rejected by the Board shall have the right to appeal to a board of arbitration, which shall consist of 1 person selected by the person making the appeal, 1 person selected by the Board herein created, and these 2 to select a 3rd person. (b) The decision of said board of arbitration or a majority of them shall be final and binding upon all parties to said appeal. (c) A reasonable fee toward covering the cost of arbitration shall be paid by the appellant but shall be refunded if the appellant prevails. *History: Ord. 83-931* ##### § 17-7 Examinations. Balt., Md., Code art. 13, § 17-7 (2026) (a) The applicant shall pay the prescribed examination fee and shall appear before the Board at the time and place fixed by the Board. Any applicant who fails to appear for a scheduled examination is subject to filing a new application and the payment of the fee. (b) Examinations for master, master restricted, or maintenance electricians shall be held on or about the 2nd Saturday of April and October. (c) (1) The examination will consist of written questions in practical electricity and the Baltimore City and National Electric Codes. (2) A grade of 70% is required for passing. (d) (1) An applicant who fails to pass an initial examination is eligible for any succeeding examination. (2) An applicant who fails to pass 2 or more examinations is not eligible for another examination within 12 months from the date of the last failed examination. (3) Separate applications and examination fees are required for each examination. *History: Ord. 83-931* ##### § 17-8 Maintenance electricians. Balt., Md., Code art. 13, § 17-8 (2026) (a) Any person, firm, or corporation who does not hold a master electrician license and rendering a service to the public to maintain, service, and/or repair any kind of electrically operated or controlled equipment, etc., must have at least 1 representative licensed as a maintenance electrician who is responsible to the Board for all employees under his supervision. (b) (1) Any person, firm, or corporation doing its own maintenance, service, and/or repairs, on its own premises, must have at least 1 representative so licensed who is responsible to the Board for all employees working under his or their supervision. (2) Premises requiring a licensed representative unless they hold a master electrician license are: factories, industrial plants, department stores, theatres, public halls, office buildings, apartment houses, schools, arenas, and any other occupancy (other than private dwelling houses, doing their own maintenance service, and/or repairs) doing its own maintenance, service, and/or repairs. (3) Each license so issued shall designate which kinds of apparatus or equipment the licensed representative is qualified to maintain, service and/or repair. *History: Ord. 83-931* ##### § 17-9 Surety bond. Balt., Md., Code art. 13, § 17-9 (2026) (a) Every person, firm, or corporation before receiving a master electrician’s license shall make, execute, and deliver to said Board a good and sufficient bond to be approved by said Board, in the name of the City of Baltimore, in the sum of $2,500, the bond to be conditioned upon the faithful performance of any and all work entered upon or contracted for by said master electrician, and to save harmless the owner, or real party in interest in the property for which any such material is furnished, or services performed against loss, damage, and injury which shall arise through want of skill, or through the failure to use suitable or proper material in the performance of any work contracted for or undertaken by said master electrician, or his or its agents or employees. (b) An action may be maintained thereon in the name of such owner or real party in interest only if commenced within 1 year from and after the date of the installation of the materials furnished or performance of such work or service. (c) Those licensees who are automatically “grandfathered” into City licensing from state licensing have 10 days from the date thereof (May 1, 1983 or July 1, 1983) within which to file the required bond, and their City license is valid during this period. *History: Ord. 83-931* *History: Ord. 84-010* *History: Ord. 90-628* ##### § 17-10 License issuance, renewal; fees. Balt., Md., Code art. 13, § 17-10 (2026) (a) The first master, master restricted, or maintenance electrician’s license will be issued to a successful applicant upon payment of the proper license fee and receipt of a signed license application form. (b) (1) Renewals may be obtained by an application to the Board and payment of the renewal fee during a period of 3 months preceding the expiration of the license. (2) All persons registered as electricians in Baltimore City on April 30, 1983, and on June 30, 1983, are automatically licensed under this subtitle for the period May 1, 1983, or July 1, 1983, through December 31, 1983, without payment of a fee, and are subject to all its applicable provisions. (c) (1) A licensee who holds a valid electrical license from the Board may be classified as inactive status, during which time he shall not install, maintain, service, or repair electrical wires, conductors, or apparatus for heat, light, or power purposes. (2) The licensee may retain his license on an inactive basis upon payment of an annual renewal fee. (3) A bond must be secured in order for the licensee to return to active status. (d) (1) All licenses expire as of January 1 of each year, and are subject to a renewal fee. (2) Any person, firm, or corporation who desires to renew a license after the expiration date but prior to March 1 will be subject to a payment of a delinquent fee of $35. (3) Any person, firm, or corporation who fails to renew a license by March 1 of any year shall be treated as a new applicant and will be subjected to the same exam as new applicants and be required to pay the same fees. (4) Any person, firm, or corporation which renews its license between January 1, 1984 and March 1, 1984 shall not be subject to a renewal fee and shall not be required to take the same examination as a new applicant. (e) The following charges shall be made:

(1) Examination

$35

(2) New Master and Master Restricted License

$75

(3) New Restricted License

$75

(4) New Maintenance License

$50

(5) Renewal of Master and Master Restricted License

$75

(6) Renewal of Restricted License

$75

(7) Renewal of Maintenance License

$50

(8) Reciprocal License:

(i) Master

$75

(ii) Master Restricted

$75

(iii) Restricted

$75

(iv) Maintenance

$50

(9) License Transfer:

(i) Master

$35

(ii) Master Restricted

$35

(iii) Restricted

$35

(iv) Maintenance

$25
*History: Ord. 83-931* *History: Ord. 84-010* *History: Ord. 90-628* ##### § 17-11 Display of license. Balt., Md., Code art. 13, § 17-11 (2026) Any and all persons granted a license or renewal of same shall display the same in a conspicuous place in the office or place of business of such licensee. *History: Ord. 83-931* *History: Ord. 84-010* *History: Ord. 90-628* ##### § 17-12 License not assignable. Balt., Md., Code art. 13, § 17-12 (2026) No license or renewal of same granted or issued under the provisions of this subtitle shall be assignable or transferable, and every license and renewal of same shall specify the name of the person, firm, or corporation to whom it is issued, and in the case of a corporation, the principal officer or the designated representatives of said corporation, through whom the application for the said license was made. *History: Ord. 83-931* *History: Ord. 84-010* *History: Ord. 90-628* ##### § 17-13 Suspensions and revocations. Balt., Md., Code art. 13, § 17-13 (2026) The Board shall have full power to suspend for not more than 90 days or revoke for proper cause any license or renewal of the same after a full hearing of all parties in interest. *History: Ord. 83-931* *History: Ord. 84-010* *History: Ord. 90-628* ##### § 17-14 Application of subtitle. Balt., Md., Code art. 13, § 17-14 (2026) (a) Nothing in this subtitle shall be construed to prevent any person from doing or performing the kinds of work of master, master restricted, or maintenance electrician, as herein defined, provided that such work is performed under the direction and supervision of a duly licensed master or maintenance electrician; but no such work shall be performed excepting under such direction and supervision of a duly licensed master or maintenance electrician, and the said licensed electrician shall be responsible for any and all work so done under his direction and supervision. (b) The provisions of this subtitle shall not apply: (1) to journeymen electricians or apprentices while such journeymen or apprentices are practicing their trade of journeymen electrician or apprentice; nor (2) to any public service companies subject to regulation by the Public Service Commission. *History: Ord. 83-931* ##### § 17-15 Penalties. Balt., Md., Code art. 13, § 17-15 (2026) Any person, firm, or corporation who shall practice or engage or continue in the work of a master or maintenance electrician without having complied with all the provisions of this subtitle, and any person not licensed as master or maintenance electrician who shall do or perform any such work except under the direction of a master or maintenance electrician, and any person having been licensed as a master or maintenance electrician and who shall fail to renew his license as herein provided and shall do or perform any such work, or who shall violate any of the provisions of this subtitle, shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay a fine of not less than $25 nor more than $500 or to an imprisonment not exceeding 90 days, or both, in the discretion of the Court, and any such conviction shall ipso facto revoke and annul any license that may have been issued to such person. *History: Ord. 83-931* #### Subtitle 18 – On-Site Utility Contractors ##### § 18-1 Definitions. Balt., Md., Code art. 13, § 18-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee. (c) “On-site utility contractor” means any person doing or contracting to do any on-site utility work. (d) (1) “On-site utility work” means the installation of and operations on a building sanitary sewer, building storm water sewer, or water service pipe, and any of their appurtenances, on premises: (i) from the connection at the property line or, for private water and sewage disposal systems, from the connection at the well or septic tank, (ii) to: (a) a point at least 5 feet from the foundation wall of any structure on the property; or (b) if the foundation wall is within 5 feet of the property line, to the foundation wall. (2) “On-site utility work” does not include a single utility connection for a 1-family dwelling. (e) *History: Ord. 02-475* *History: Ord. 22-125* ##### § 18-2 Balt., Md., Code art. 13, § 18-2 (2026) Reserved ##### § 18-3 On-Site Utility Contractors Board. Balt., Md., Code art. 13, § 18-3 (2026) (a) There is an On-Site Utility Contractors Board of Baltimore City. (b) The Board consists of the following 5 members: (1) the Commissioner or designee; (2) the Director of Construction and Buildings Inspection or designee; (3) the Director of Public Works or designee; (4) a member, appointed by the Mayor, who is an on-site utility contractor licensed by the City and resides in or has a place of business in the City; and (5) a member, appointed by the Mayor, who is a master plumber licensed by the State, has at least 2 years’ experience in utility construction, and resides in or has a place of business in the City. (c) Appointments to the Board are to be made without regard to the appointee’s political affiliation. (d) The appointed members of the Board: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. (e) The Commissioner serves as the Board’s chair. *History: Ord. 02-475* *History: Ord. 16-503* ##### § 18-4 General authority of Board. Balt., Md., Code art. 13, § 18-4 (2026) To safeguard the health and safety of the people of the City, the Board may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules, regulations, and specifications governing the qualification and licensing of on-site utility contractors in the City; (2) develop and administer examinations to test an applicant’s knowledge of on-site utility work, if the Board considers testing necessary in a particular case; (3) accept applications for licensure as an on-site utility contractor; (4) issue, deny, suspend, and revoke licenses as necessary or appropriate; and (5) hold hearings on proposed denials, suspensions, and revocations. *History: Ord. 02-475* *History: Text Conformed 02/19/21* ##### § 18-5 Health Commissioner to consult. Balt., Md., Code art. 13, § 18-5 (2026) The Commissioner of Health or the Commissioner’s representative must consult with the Board as necessary from time to time. *History: Ord. 02-475* ##### § 18-6 Balt., Md., Code art. 13, § 18-6 (2026) Reserved ##### § 18-7 License required. Balt., Md., Code art. 13, § 18-7 (2026) No person may perform or directly supervise any on-site utility work in the City unless licensed to do so under this subtitle. *History: Ord. 02-475* ##### § 18-8 Only individuals to be licensed. Balt., Md., Code art. 13, § 18-8 (2026) (a) The license may be issued only to an individual and not to a firm or corporation. (b) For every firm or corporation doing or contracting to do on-site utility work, a license must be obtained: (1) by at least 1 member of the firm or 1 officer of the corporation; and (2) by every on-site supervisor of the on-site utility work. *History: Ord. 02-475* ##### § 18-9 Qualifications for license. Balt., Md., Code art. 13, § 18-9 (2026) (a) An applicant for a license must furnish evidence satisfactory to the Board that the applicant meets the qualifications set by the Board. (b) These qualifications must: (1) be comparable to the prequalification criteria set for contractors in Baltimore City and neighboring jurisdictions; and (2) include, but not be limited to, at least 2 years’ experience in the installation of building sanitary sewer, building storm water sewer, and water service pipe utilities. (c) The Board may consider, but not give conclusive weight to, the fact that an applicant: (1) possesses a current on-site utility contractor’s license, or its equivalent, issued by another political subdivision of this State; or (2) is an officer or employee of a firm or corporation currently prequalified with the City to perform Category B utilities construction work. *History: Ord. 02-475* ##### § 18-10 Bonds. Balt., Md., Code art. 13, § 18-10 (2026) (a) Before any person may be issued an on-site utility contractors license, the person must deliver to the Commissioner a good and sufficient bond satisfactory to the Commissioner, in the name of the City of Baltimore. (b) The bond must be: (1) for the amount of $2,500; and (2) conditioned on: (i) the contractor’s faithful performance of all work done or contracted for by the on-site utility contractor; and (ii) the contractor’s indemnifying and saving harmless the City and the owner or real party in interest of the property for which any material is furnished or services performed against loss, failure to use suitable material, or failure to properly perform any work contracted for or undertaken by the contractor and any agent or employee of the contractor. (c) An action may be maintained on the bond only if it is brought within 1 year after the date of the installation of the material or performance of the work or service. *History: Ord. 02-475* ##### § 18-11 License fee and term. Balt., Md., Code art. 13, § 18-11 (2026) (a) The license fee is $150, payable at the time of application. (b) The license expires annually on December 31. *History: Ord. 02-475* ##### § 18-12 Renewal of license. Balt., Md., Code art. 13, § 18-12 (2026) A license may be renewed annually, on or before December 31, on payment of a renewal fee of $150. *History: Ord. 02-475* ##### § 18-13 License non-assignable; single-company representation. Balt., Md., Code art. 13, § 18-13 (2026) (a) A license issued under this subtitle is neither assignable nor transferrable. (b) A licensee may represent only 1 firm or corporation at any one time. *History: Ord. 02-475* ##### § 18-14 Lapsed license. Balt., Md., Code art. 13, § 18-14 (2026) (a) Any person who allows his or her license to lapse may apply for reinstatement and, at the discretion of the Board, may be reinstated on payment of the renewal fee. (b) However, after a lapse of 6 months or more, the former licensee will be treated as a new applicant, subject to the same requirements as new applicants. *History: Ord. 02-475* ##### § 18-15 Balt., Md., Code art. 13, § 18-15 (2026) Reserved ##### § 18-16 Suspensions, revocations, denials. Balt., Md., Code art. 13, § 18-16 (2026) (a) The Board may suspend or revoke an on-site utility contractors license or deny the renewal of a license for just cause. (b) Just cause for suspension, revocation, or denial includes, but is not limited to: (1) failure to provide the required bond; (2) violation of any material provision of the Building, Fire, and Related Codes Article or of any other board, City, State, or federal law, ordinance, rule, or regulation; (3) unsatisfactory work or negligence, incompetence, or misconduct in the performance of on-site utility work; (4) fraud, deceit, or misrepresentation in the performance of any work or in obtaining or renewing a license, permit, or bond; (5) selling, lending, or otherwise permitting any improper use of a license or permit; or (6) failure to notify the Board of current address. *History: Ord. 02-475* *History: Ord. 13-093* ##### § 18-17 Hearing. Balt., Md., Code art. 13, § 18-17 (2026) (a) Before suspending, revoking, or denying the renewal of a license, the Board must provide the licensee with an opportunity for a hearing on the matter. (b) At least 5 days before the hearing, the Board must notify the licensee, by certified or registered mail, of: (1) the nature of the alleged violation; and (2) the time and place of the hearing. (c) (1) The Board must issue a written decision, stating its reasons, within 10 days of the hearing. (2) In its decision, the Board may order that the license be: (i) suspended for a specified term of up to 90 days; (ii) suspended indefinitely, until the licensee gives evidence satisfactory to the Board that the condition for which the license was suspended has been corrected and will not recur; (iii) revoked, in which case application for reinstatement may not be made until 6 months after the revocation; (iv) not renewed under the same conditions as those specified above for a suspension or revocation; or (v) continued in full force. *History: Ord. 02-475* ##### § 18-18 Balt., Md., Code art. 13, § 18-18 (2026) Reserved ##### § 18-19 Enforcement. Balt., Md., Code art. 13, § 18-19 (2026) In addition to any other remedy provided in this subtitle or otherwise by law, this subtitle may be enforced by the Commissioner in the manner provided in § 104{“Duties and powers of Building Official”} of the Baltimore City Building Code. *History: Ord. 02-475* *History: Ord. 13-093* ##### § 18-20 Penalties. Balt., Md., Code art. 13, § 18-20 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation. (b) Each day that a violation continues is a separate offense. *History: Ord. 02-475* #### Subtitles 19 to 20 #### Subtitle 21 – Registration of Licensed Service Providers ##### § 21-1 Definitions. Balt., Md., Code art. 13, § 21-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee. (c) (d) “Service provider” means any person doing business in this City as: (1) a master plumber; (2) a gas fitter; (3) a heating, ventilation, air-conditioning, or refrigeration contractor; or (4) a home improvement contractor. *History: Ord. 02-475* *History: Ord. 22-125* ##### § 21-2 Balt., Md., Code art. 13, § 21-2 (2026) Reserved ##### § 21-3 Registration required. Balt., Md., Code art. 13, § 21-3 (2026) Every service provider must: (1) register with the Commissioner; (2) provide the Commissioner with: (i) the address of his or her place of business; and (ii) the name under which the business is carried on; and (3) give immediate notice to the Commissioner of any change in that information. *History: Ord. 02-475* ##### § 21-4 Registration fees. Balt., Md., Code art. 13, § 21-4 (2026) For the registration of a service provider under this subtitle, the fee is as $25. *History: Ord. 02-475* ##### § 21-5 Balt., Md., Code art. 13, § 21-5 (2026) Reserved ##### § 21-6 Penalties. Balt., Md., Code art. 13, § 21-6 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation. *History: Ord. 02-475* ## Article 14 – Special Benefits Districts ### Subtitle 1 – Downtown Management District #### § 1-1 Definitions. Balt., Md., Code art. 14, § 1-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Administrator” means the individual or entity engaged to administer the programs and undertakings of the Authority. (c) “Authority” means the Downtown Management Authority established by this subtitle. (d) “Board” means the Board of Directors of the Authority. (e) “CBD” means the downtown or central business district of the City. (f) “District” means the Downtown Management District established by this subtitle. (g) “Enabling Legislation” means Article II, § (61) of the City Charter. (h) “Partnership” means the Downtown Partnership of Baltimore, Inc. (i) “Property-owner representative” means a member of the Board who is an owner, or representative of an owner, of property subject to the tax imposed by this subtitle. *History: Ord. 92-057* *History: Ord. 10-304* #### § 1-2 Findings. Balt., Md., Code art. 14, § 1-2 (2026) (a) The following findings are critical to the exercise of the authority set forth in Article II, § (61) of the Charter of Baltimore. (b) (1) The downtown or central business district (“CBD”) of the City of Baltimore is the center of employment for the entire metropolitan region and is the source for a very substantial portion of all jobs within the City. (2) The CBD is also the center for tourism for the entire State of Maryland, having within its boundaries some of the most popular attractions in the country. (3) The CBD is an important part of the tax base of the City, contributing taxes totally disproportionate to the relative area involved. (4) The CBD is a vital link to the long-term health of the City and the focus of critical decisions as to the source of employment for the future. (c) (1) While an undeniable asset to the region, the CBD is very dependent on public perception regarding safety and cleanliness. (2) Studies conducted by a task force of the Partnership have identified the existence of significant concern among CBD residents and workers of being a victim of crime, despite statistics indicating that the CBD is as safe or safer than other parts of the City. (3) Because of the high influx of workers and visitors, the CBD is likely to generate higher amounts of trash, litter, and graffiti than other parts of the City. (4) In order to maintain the CBD as an attractive destination for visitors, there need to be efforts made to improve the perceptions regarding safety and cleanliness. (5) Traditional sources of funding, enhancing public services, are no longer available, and a variety of financial crises have suggested that future funding from existing sources will become ever more difficult. (d) (1) A special benefit district is a mechanism by which property owners within a defined area can agree to impose additional taxes and charges on themselves in order to provide enhanced and supplemental public services. (2) Special benefit districts have been created in numerous cities across the country, and the reports received suggest that they are almost uniformly highly successful in achieving their objectives. (3) Critical to any special benefit district is the creation of a partnership between the public and private sector, with the public sector committing to maintain services at specified levels and the private sector agreeing to accept new taxes and charges for the purpose of supplementing public services. (4) A district in this City cannot be successful without the full cooperation of the City, the State of Maryland, and the various private property owners within that district. (e) (1) The Council has considered the materials compiled by the Downtown Partnership of Baltimore, Inc., regarding the alternatives to the creation of a district and the pattern of success for such districts elsewhere. (2) The Council has considered the comments and suggestions of property owners, retail merchants, hotel and motel operators and owners, property tenants, and workers in the CBD. (3) The Council finds that a special benefit district of the kind authorized by the Enabling Legislation would be an important and vital element of the long-term health and growth of the CBD, the City, and the region. (4) Although 1 or more districts would be of great value throughout the CBD, the district created herein will be a significant start towards achieving the goals and objectives outlined above. (5) Since 1982, the Partnership has been responsible for the management and operation of ever-increasing parts of the CBD, and has demonstrated its ability to deal with the kinds of problems such a district needs to address. (6) The City should not burden a district with unnecessary layers of administration, nor should the City deny itself the benefit of the experience and expertise acquired by the Partnership. (7) The Council finds that the existing system of assessments, appeals, and adjustments for vacancies on income-producing properties adequately addresses the concerns raised in the Enabling Legislation. (8) The Council finds that an assessment system for a district should be uncomplicated, direct, and fair. The system provided for in this subtitle satisfies such criteria. (9) The Council finds that the district should encourage the involvement of minorities in the operation of the district and in the business community itself. *History: Ord. 92-057* #### § 1-3 District created; boundaries. Balt., Md., Code art. 14, § 1-3 (2026) (a) (1) Pursuant to the Enabling Legislation, and within the boundaries authorized by that law, the “Downtown Management District” is created. (2) The boundaries of the District are as set forth on Exhibit A to this subtitle. (b) The District may be expanded (and as so expanded, shall be deemed included within the term “District” as used hereafter), in 1 or more resolutions of this Council, up to, but not beyond, the boundaries authorized in the Enabling Legislation upon a recommendation from the governing board of the Authority created by this subtitle which is endorsed by the Board of Estimates of the City. *History: Ord. 92-057* *History: Ord. 96-093* *History: Ord. 09-191* #### § 1-4 Authority created. Balt., Md., Code art. 14, § 1-4 (2026) (a) As authorized by the Enabling Legislation, there is hereby created a downtown commercial district management authority to be known as the “Downtown Management Authority for Baltimore City”. (b) The Authority: (1) shall not be or constitute or be deemed an agency of the City or the State of Maryland; (2) shall, to the greatest extent allowable by law, be deemed a special taxing district, and therefore a governmental body, both politic and corporate, exercising only such powers as are provided for in this subtitle; (3) shall not exercise any power specifically withheld by the terms of either the Enabling Legislation or, if more restrictive, this subtitle. (c) However, the powers of the Authority shall be broadly interpreted in order to allow the Authority to achieve the goals of the Enabling Legislation, including the provision of supplementary security and maintenance services, the promotion and marketing of the District, and the provision of amenities in public areas. *History: Ord. 92-057* #### § 1-5 Powers of Authority. Balt., Md., Code art. 14, § 1-5 (2026) Except as limited by the Enabling Legislation and this subtitle, the Authority shall possess the following powers: (1) to acquire, hold, and use both real and personal property necessary to achieve its purposes, including the acquisition by purchase, lease, use, or other rights; (2) to make contracts, including contracts to provide services for areas adjoining the District; (3) to engage the services of an administrator, which may be an individual or an entity, including the Partnership, to administer the programs and undertakings of the Authority; (4) to sue and be sued, provided that the District, the Authority, and the Administrator shall benefit, to the fullest extent allowable by law, from any provisions of federal, state, and local law limiting the liability of employees, officers, agents, and officials of governmental bodies; (5) to accept grants; (6) to borrow funds for purposes consistent with the public purposes of the Authority, provided that unless specific approval is provided by the Board of Estimates no borrowing shall be for a term beyond the date for renewal of the District under § 1-20 of this subtitle; (7) to adopt an annual budget and impose, charge, and collect the taxes or charges on benefitted properties within the District authorized by the Enabling Legislation and this subtitle; provided, however, that no taxes shall be levied against (i) residential properties with fewer than 4 dwelling units, or (ii)properties which are exempt under state law from ordinary property taxes; (8) to create and enter into partnerships between the Authority and various property owners otherwise exempt from ordinary property taxes, which partnerships may provide for the provision of permitted services and benefits by the Authority in exchange for payments arranged by contract, donation, gift, services in kind, or other mechanism by which funds or benefits are provided to the Authority; (9) to establish and elect such officers as are not specified in this subtitle and provide for their terms and duties; (10) to contract for and purchase goods and services, but as provided in the Enabling Legislation, such contracting shall not be subject to Baltimore City requirements regarding wage scales, competitive bidding, or other local procurement laws, but nonetheless shall be subject to applicable ordinances regarding City policy on encouraging and achieving goals for minority and women’s business enterprises participation in the contracting activities of the Authority; (11) to adopt, amend, and modify bylaws, consistent with the Enabling Legislation and this subtitle; (12) to implement the programs and goals of the Authority directly through employees, or through 1 or more contracts, which contracts can be with independent contractors or contract employees; (13) to assist the leasing, marketing, and promotion activities within the District, to the extent such activities are approved by the governing board of the Authority; (14) to appoint, hire, or engage such auditors, accountants, attorneys, assistants, aides, employees, and advisors as may be deemed necessary for the proper performance of the duties of said Authority, but consistent with this subtitle; and (15) to do all other things necessary or convenient to carry out its goals, objectives, and powers. *History: Ord. 92-057* *History: Ord. 96-093* #### § 1-6 Limitations on Authority. Balt., Md., Code art. 14, § 1-6 (2026) The Authority shall be subject to the following limitations: (1) The Authority is not permitted to exercise any police or general powers other than those authorized by the Enabling Legislation, State law, or this subtitle; (2) The Authority may not pledge the full faith and credit of the City; (3) The Authority shall comply with the requirements of City ordinances and City policies requiring achievement of goals regarding participation of minority and women’s business enterprises and shall submit a quarterly report on the status of minority participation in the operation and governance of the Downtown Management District to the President and each member of the City Council; (4) The Authority shall not extend its life and shall not modify the boundaries of the District except in accordance with this subtitle; (5) The Authority shall not impose taxes, fees, and assessments in excess of those authorized by this subtitle or those approved by the Board of Estimates of the City or the City Council; (6) The Authority shall not exercise powers of eminent domain; (7) In order to adhere to the requirement of the Enabling Legislation that employees of the Authority reside in the City of Baltimore, the Authority shall not hire any new employee that does not voluntarily deliver to the Authority an affidavit certifying that the employee’s residence is within the political boundaries of the City of Baltimore and that such employee intends to remain as a resident for the foreseeable future; (8) Any fees, charges, or taxes collected by the Authority pursuant to this subtitle shall be used only for the purposes set forth in this subtitle and for no other purposes; (9) Except as otherwise authorized by law, including the Enabling Legislation and this subtitle, and as necessary to exercise the powers provided for herein, the Authority shall not engage in competition with the private sector; and (10) Notwithstanding any other provisions of this subtitle, unless specifically approved by the Board of Estimates, no borrowing, leasing, contracting, or other agreement or obligation shall be for a term beyond the date for renewal of the District under § 1-20 of this subtitle. *History: Ord. 92-057* *History: Ord. 96-093* #### § 1-7 Board of Directors. Balt., Md., Code art. 14, § 1-7 (2026) (a) The Authority shall be governed by and administered through a Board of Directors. The Board shall be subject to the following requirements. (b) (1) The initial interim Board of the Authority shall be those individuals whose names are set forth on the list attached to Ordinance 92-057 as Exhibit B. (2) As described below, the interim Board shall be primarily responsible for recommending a full Board for the Authority to the Board of Estimates, and is not expected to engage in any other substantive activity. (c) (1) The initial interim members shall serve as the members of the Board for a period not to exceed 6 months, unless extended by the Board of Estimates, and only until a full Board is approved by the Board of Estimates as provided hereafter. (2) In the event of resignation, expiration, or other departure from the Board, or removal in accordance with the bylaws of the Authority, of any member of the Board, successors shall be elected by the remaining members of the Board. (d) (1) The number of members of the full Board shall be not less than 10, excluding vacancies, and no more than 25. (2) The interim membership of the Board shall be the 5 individuals listed on Exhibit B. The interim Board, upon approval of the District and the Authority in accordance with § 1-19 of this subtitle, shall propose to the Board of Estimates the initial full membership of the Board and the proposed terms for each director. (3) Interim Board members may be included in the recommended full Board list. (4) Such recommendation shall occur within 10 days of approval of the District, and shall be subject to the consent and concurrence of the Board of Estimates. (5) The Board shall have the full authority to increase or decrease its membership, within the above limits, provided that at all times after approval of the initial full Board by the Board of Estimates, the requirements of this subtitle are adhered to. (e) The following minimum representation shall be present on the Board, except during periods of temporary vacancies: (1) 1 member shall be appointed by the Mayor. (2) 1 member shall be appointed by the Governor. (3) 1 member shall be selected by and approved through Resolution of the City Council. (4) The Administrator shall designate an individual to be on the Board. (5) At least 1 member, each of whom must be a property-owner representative, shall be appointed by and shall represent each of the following constituent groups within the District: (i) a trade group recognized by the Board as representing the hotels and motels within the District, which at the time of passage of this subtitle is acknowledged to be the Hotel and Motel Association of Greater Baltimore; (ii) a trade group recognized by the Board as representing the retail merchants within the Market Center area, which at the time of passage of this subtitle is acknowledged to be the Market Center Association; (iii) a trade group recognized by the Board as representing the retail merchants within the Charles Street corridor, which at the time of passage of this subtitle is acknowledged to be the Charles Street Association; (iv) a trade group recognized by the Board as representing the property owners and managers within the District, which at the time of passage of this subtitle is acknowledged to be the Building Owners and Managers Association of Metropolitan Baltimore; (v) a group recognized by the Board as representing the leaders of major institutional and business interests within the District, which at the time of passage of this subtitle is acknowledged to be the Greater Baltimore Committee; (vi) a professional trade organization recognized by the Board as representing the users of commercial real estate space within the District. which at the time of passage of this subtitle is acknowledged to be the Greater Baltimore Board of Realtors; and (vii) in the event that the Partnership is not the Administrator, the Partnership or any successor organization having similar functions and constituent boundaries, as determined by the Board. (6) At least ⅔ of the Board members must be property-owner representatives; members of the Board elected under clauses (1) through (5) above may be counted as property-owner representatives for this purpose if they otherwise qualify. (7) The Board shall endeavor to maintain representatives on the Board from the tourist and convention industry, professionals practicing in the District, retail merchants in the District, and tenants of properties in the District; however, no minimum representation applies. (8) Consistent with the encouragement of partnerships between the Authority and property owners exempt from the tax imposed by this subtitle, the Board should consider representation of such partners within the Board. (f) All powers of the Authority shall be exercised by and through the Board, unless delegated by the Board to 1 or more officers thereof or to the Administrator. (g) (1) The Board my adopt such bylaws, rules, and regulations as it deems necessary in carrying out the powers of the Authority, so long as the same shall not be inconsistent with the terms of this subtitle or of any ordinance amendatory or supplementary hereof or of the Enabling Legislation. (2) All bylaws shall be subject to the approval of the Board of Estimates. (3) The Board may establish its own procedures relating to the internal administration of the Authority, except as may be restricted by the Enabling Legislation or this subtitle. (h) The Board shall select from among its members, individuals to serve, at the pleasure of the Board, as president, vice-president, treasurer, and secretary of the Authority, delegating to such individuals such responsibilities as the Board deems appropriate. *History: Ord. 92-057* *History: Ord. 04-672* *History: Ord. 10-304* #### § 1-8 Fiscal affairs. Balt., Md., Code art. 14, § 1-8 (2026) The fiscal affairs of the Authority shall be conducted in accordance with the following provisions. *History: Ord. 92-057* #### § 1-9 Annual Financial Plan. Balt., Md., Code art. 14, § 1-9 (2026) (a) The Board shall adopt an annual Financial Plan, based on the City’s fiscal year, which at the time of the passage of this subtitle is July 1 through June 30, consisting of at least: (1) a proposed schedule of taxes or charges to be imposed throughout the District; (2) in the first Financial Plan submitted, a budget for the current fiscal year of the City; and (3) in Financial Plans for each fiscal year after the year of approval of this subtitle, a budget for the full fiscal year. (b) Before adopting the Financial Plan, the Board of the Authority shall arrange for a public hearing to be held on the Financial Plan. Such hearing shall not occur any sooner than after notice of such hearing has been published in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks. (c) (1) The Financial Plan shall be subject to the approval of the Board of Estimates in accordance with the procedures set forth in this subtitle. (2) The Authority may approve taxes and charges that are subject to subsequent approval by the Board of Estimates. (d) (1) The initial budget for the Authority shall include all of the fiscal year ending on June 30, 1993 (the “Initial Fiscal Year”), and may include the costs of preparing the Financial Plan and implementing the Authority and the District, so long as such costs were incurred during that fiscal year. (2) In the event that the Authority is not implemented as a result of the operation of § 1-19 of this subtitle, neither the Authority nor the District, nor the City, shall have any liability for costs incurred prior to the initiation of operations, whether or not incurred by the Administrator or on behalf of the District or the Authority. *History: Ord. 92-057* *History: Ord. 96-093* *History: Ord. 10-304* #### § 1-10 Supplemental Tax. Balt., Md., Code art. 14, § 1-10 (2026) (a) A portion of the funding for the operation of the Authority shall be provided by a supplemental annual property tax, levied on all properties subject to real property taxation, unless exempt under this subtitle, the Enabling Legislation, or other applicable laws (the “Supplemental Tax”). (b) (1) The Supplemental Tax shall be assessed and collected in conjunction with the property taxes assessed and collected by the City (the “Regular Tax”), unless otherwise established by the Board and approved by the Board of Estimates. (2) Enforcement of the Supplemental Tax shall be in accordance with the enforcement of the Regular Tax, and all provisions applicable to the assessment, collection, enforcement, and refunding of the Regular Tax shall apply to the Supplemental Tax unless modified herein. (c) (1) The Supplemental Tax rate must be set each year by the Board as part of the annual financial plan. (2) Any increase in the rate of the Supplemental Tax must be approved by: (i) a majority of the Board’s voting members; and (ii) if a rate increase of 10% or more is proposed, 80% or more of the property-owner representatives on the Board. *History: Ord. 92-057* *History: Ord. 96-093* *History: Ord. 10-304* #### § 1-11 Other charges. Balt., Md., Code art. 14, § 1-11 (2026) (a) (1) Properties within the District subject to the Supplemental Tax shall not be required to pay any other charges or fees for services generally provided within the District by the Authority. (2) However, the Authority may impose charges and fees for any special services requested by and performed for 1 or more property owners. (b) The Board of the Authority, with the approval of the Board of Estimates, may establish other fees and charges for specific services performed within the District, within areas adjoining the District, for properties and owners not subject to the Supplemental Tax and in conjunction with partnerships encouraged by this subtitle. *History: Ord. 92-057* #### § 1-12 Baseline City services. Balt., Md., Code art. 14, § 1-12 (2026) (a) Prior to imposing and collecting the Supplemental Tax authorized by this subtitle, the Authority shall enter into a memorandum of understanding with the Mayor of the City regarding the level of services to be maintained by the City as the City’s partnership obligation to the Authority and the District’s taxpayers. (b) (1) Such a memorandum shall: (i) describe the existing levels of service within the District; (ii) commit the City to the maintenance of such levels of service; and (iii) outline the further undertakings of the City in response to the initiative represented by the creation of the District (the “Baseline Plus”). (2) In addition, the City may include in the memorandum a process by which the Authority and the City shall cooperate on a comprehensive sidewalk repair program, which shall include the issuing of notices by the City relating to footways requiring repair, repaving, or regrading, and the arranging for repairs to be made by the Authority, with the enforcement support of City assessments, where appropriate. (c) The maintenance of existing services shall be governed by 2 principles: (1) No decrease in such services shall occur except as part of an overall decrease in services necessitated by changes in funding, policy, or resources, and then only in proportion to the decreases implemented elsewhere in the City. (2) Any increase in such services generally throughout the City shall be matched with increases in such services within the District, in proportion to the increases implemented elsewhere in the City. *History: Ord. 92-057* *History: Ord. 96-093* #### § 1-13 Partnerships. Balt., Md., Code art. 14, § 1-13 (2026) (a) The Authority is authorized and encouraged to enter into partnerships with the property owners and users within the District and adjoining areas that are not subject to the Supplemental Tax (“Exempt Partners”) for the purpose of furthering the broad objectives of improving and enhancing public services throughout the CBD. (b) In furtherance of that objective, the Authority may: (1) contract to provide varying levels of services to areas adjoining the District; (2) agree to accept donations, contributions, and voluntary payments of any kind from Exempt Partners (collectively, “Voluntary Payments”), with or without agreements regarding specific services and functions; (3) enter into agreements with Exempt Partners to include property owned by those Exempt Partners within the District in return for Voluntary Payments and/or commitments regarding the provision of similar services and functions within properties owned by Exempt Partners; and (4) establish rates and charges for the provision of services to Exempt Partners. *History: Ord. 92-057* *History: Ord. 04-672* #### § 1-14 Vacancy factor. Balt., Md., Code art. 14, § 1-14 (2026) The Authority is directed to recommend to the Board of Estimates whether some process or automatic adjustment is necessary to reflect the direction of the Enabling Legislation regarding current rates of occupancy in buildings. *History: Ord. 92-057* #### § 1-15 Collection and disbursement. Balt., Md., Code art. 14, § 1-15 (2026) (a) The Authority is authorized and directed to establish with the appropriate City agencies the methods by which the Supplemental Tax is to be assessed, collected, and disbursed to the Authority. (b) Amounts collected by the City on behalf of the Authority: (1) shall not be included in the revenues of the City; (2) shall not be deemed subject to the budgetary and appropriation process; and (3) shall be disbursed promptly upon collection. (c) As part of the City’s contribution to the District, such collection, assessment, disbursement, record-keeping, and enforcement as may be involved in the process shall not be a charge to or against the Authority or the District but shall be an element of the Baseline Plus. (d) (1) The Department of Finance of the City is authorized to collect the Supplemental Tax and such other charges as are approved by the Board of Estimates. (2) The assessment for the Supplemental Tax may be included with the periodic real property tax bill submitted to the owners of properties within the District. (3) The Department of Finance shall make regular remittances of the amounts collected to the Board of the Authority. (e) The penalties and interest applicable to delinquent taxes shall be applied to delinquencies in payment of the Supplemental Tax. (f) (1) The amount of any outstanding assessment on any property, and accrued interest and other charges, shall constitute a lien on the property. (2) The lien: (i) shall take precedence over all other liens, whether created prior to or subsequent to the assessment, commensurate with a lien for state and county taxes, general municipal taxes, and prior improvement assessments; and (ii) shall not be defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. (3) No error in the proceedings of the City or the Board of the Authority shall exempt any property from the lien, or from payment thereof, or from the penalties or interest thereon, as herein provided. *History: Ord. 92-057* *History: Ord. 96-093* #### § 1-16 Long-term debt. Balt., Md., Code art. 14, § 1-16 (2026) (a) Any borrowing by the Authority that is intended to survive beyond the next date for renewal of the District (“Long-Term Debt”) is subject to the following conditions. (b) (1) The aggregate amount of Long-Term Debt outstanding at any one time may not exceed $2,000,000. (2) No Financing Plan may be submitted and no Long-Term Debt may be approved if the current and projected payments for the sum of (i) debt service on the Long-Term Debt and (ii) any other debt having a maturity in excess of 1 year, in any year exceed 10% of the revenues of the Authority. (c) (1) No Long-Term Debt may be issued by the Authority until after a Financing Plan has been presented for review and approval by the Board, the Department of Finance of the City, and the Board of Estimates of the City. (2) Each Financing Plan shall provide information on: (i) the use of the proceeds of the Long-Term Debt; (ii) the anticipated term of the obligations; (iii) the annual maximum debt service anticipated for the Long-Term Debt; and (iv) the means by which the Long-Term Debt will be retired if a terminating event described in § 1-20 occurs. (3) In addition, the Plan shall consider the operation and maintenance costs of any improvements funded with the Long-Term Debt and the means by which those expenses will be paid. (d) Before submitting a Financing Plan for approval under subsection (c) above, the Authority shall, after notice to all taxpayers in the District, hold a public hearing at which the Plan is presented. (e) No Long-Term Debt may be issued and sold to the general public or to other than institutional investors, lending institutions, and other sophisticated purchasers of debt obligations. (f) Capital projects for which both City funds and Long-Term Debt proceeds are to be used must be approved in accordance with applicable requirements, including, but not limited to, approval in the Capital Budget and the Ordinance of Estimates. *History: Ord. 96-093* #### § 1-17 Administrator. Balt., Md., Code art. 14, § 1-17 (2026) (a) The initial Administrator of the Authority shall be the Partnership, unless otherwise determined by the Board. (b) The Administrator shall have the following powers with regard to the District and the Authority: (1) The Administrator shall prepare the Financial Plan for review and approval by the Board of the Authority. (2) The Administrator shall implement the approved Financial Plan and arrange for the collection and disbursement of the Supplemental Tax and all other charges, fees, and revenues of the Authority. (3) The Administrator shall establish such procedures and processes as are necessary to perform the functions called for under the Financial Plan and the budget. (4) The Administrator is hereby charged with responsibility for the day-to-day operations of the Board and its employees and contractors. (5) The Administrator shall be empowered to exercise the powers granted to the Authority under this subtitle, provided that the Board of the Authority shall retain final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority. (6) The Administrator shall hire and retain such employees, agents, and contractors as are needed to perform its functions for the Authority, provided that all such hiring and contracting shall comply with §§ 1-5(10) and 1-6(3) of this subtitle. (7) The Administrator shall be deemed to be the direct agent of the Authority, such that any immunity afforded to the Authority and its officers, employees, and agents shall be afforded as well to the Administrator. (8) The Administrator shall have such further rights, powers, and authority as may be granted to it by the Board of the Authority. (9) Any limitations on the powers and authority of the Authority shall apply as well to the Administrator in performing the functions charged to the Administrator by this subtitle or by the Board of the Authority. *History: Ord. 92-057* #### § 1-18 Oversight by Board of Estimates. Balt., Md., Code art. 14, § 1-18 (2026) (a) The Board of Estimates shall have the following powers with regard to the District and the Authority. (b) The full Board of the Authority proposed by the interim Board in accordance with § 1-7 of this subtitle shall be subject to the approval of the Board of Estimates. (c) (1) The Financial Plan and the schedule of rates and charges shall be subject to the approval of the Board of Estimates. (2) Beginning with the Financial Plan for Fiscal 1994, the Board of the Authority shall submit such materials at least 2 months prior to the proposed effective date of a budget or Supplemental Tax. (3) In considering a proposed budget and schedule of taxes and charges, the Board of Estimates shall not have the power to exceed or increase either the budget or the schedule of taxes, rates, and charges beyond those proposed by the Authority. (d) The Board of Estimates shall review and consider any request by the Authority regarding adjustments to reflect existing occupancy of properties. Such adjustments shall be matters of policy and not decisions on specific properties. (e) The Board of Estimates shall review and approve the initial bylaws of the Authority and any proposed amendments thereto. (f) The Board of Estimates shall be the final arbiter and decision maker regarding the approval and renewal process for the District specified in this subtitle. *History: Ord. 92-057* #### § 1-19 Election approval process. Balt., Md., Code art. 14, § 1-19 (2026) (a) The Authority shall not impose any taxes or charges until the approval process set forth below is completed and certified by the Board of Estimates. (b) (1) The Board of Estimates shall obtain from the Director of Finance the “Assessable Base” of the District, which shall constitute a listing by property and a calculation of the sum of assessments on properties subject to the Supplemental Tax. The Assessable Base shall provide the total assessable value for purposes of calculating voting percentages by value. (2) The Board of Estimates shall also obtain from the Director of Finance a list of all properties and their owners, each property thereby counting as 1 vote regardless of the number of owners (the “Ownership Roll”). The Ownership Roll shall be used to determine votes based on the number of property owners. (3) In the event of dispute or uncertainty, the Board of Estimates shall determine, with finality, the Assessable Base and Ownership Roll upon which the procedures shall be based. (c) Notices shall be provided to each property affected by this subtitle regarding the passage of the subtitle and the rights of protest available hereunder. (d) (1) Upon enactment of this subtitle, there shall ensue a 30-day period within which the Board of Estimates is directed to accept notarized petitions of protest (the “Protest Period”). (2) Such petitions shall be on any form which, to the satisfaction of the Board of Estimates, specifies the location of the property, the name of the owner and such additional information as would enable the Director of Finance to certify the current assessment of such property. (e) (1) If within the Protest Period, the Board of Estimates does not receive protests (the “Base Level Protests”), determined to be valid by the Board of Estimates, either (i) representing property owners owning more than 40% of the Assessable Base, or (ii) representing the same percentage of property owners from the Ownership Roll, the Authority shall, at the conclusion of the Protest Period, be certified as approved for operations. (2) In the event of a dispute as to ownership or representation, the Board shall disregard the protest unless satisfied as to the person properly authorized to act on behalf of the property owner. (f) If protests in excess of the Base Level Protests are received, the Board of Estimates shall establish procedures it deems appropriate for a referendum of property owners within the District, to determine whether property owners of at least 50% of both the Assessable Base and the Ownership Roll are in support of the District. Such a referendum shall be conducted and completed within 30 days after the end of the Protest Period. *History: Ord. 92-057* #### § 1-20 Renewal and expiration. Balt., Md., Code art. 14, § 1-20 (2026) (a) The Authority and the District shall be subject to the following provisions regarding renewal and expiration. (b) (1) It is the expectation of the Council that the District will be successful. (2) No sooner than 4 years and no later than 5 years from the passage of this subtitle, the Council shall hold 1 or more public hearings to evaluate the activities and undertakings of the Authority and the District. At the conclusion of the hearings, the Council shall utilize the procedures described in § 1-19 to determine whether the opposition in excess of the Base Level Protests exists to the continuation of the District. (3) If such opposition exists, the Board of Estimates shall conduct a referendum comparable to that described in § 1-19 to determine whether the District is to continue for another 5 years. (4) This process shall be repeated periodically to satisfy the requirements of the Enabling Legislation. (c) (1) If the District and the Authority are not approved through the process described in § 1-19 of this subtitle, or are not renewed as provided above, the Authority shall cease its operations and the District ceases to exist, with the end of the fiscal year of the City in which the terminating event occurs. (2) The Authority shall continue its existence only so long as is necessary to terminate operations in a reasonable fashion and shall include, as part of the Financing Plan required by § 1-16, a mechanism by which Long-Term Debt can be retired if a terminating event occurs. (3) If a terminating event occurs, in addition, the Authority shall arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities. *History: Ord. 92-057* *History: Ord. 96-093* *History: Ord. 04-672* *History: Ord. 09-217* #### § 1-21 Minority involvement. Balt., Md., Code art. 14, § 1-21 (2026) (a) It is the intent of the Council that involvement by minorities in the business community and in the affairs of the District is to be encouraged. (b) Accordingly, City policies regarding the achievement of goals for minority and women’s business enterprises shall apply to the District and the Authority, and furthermore, the Authority is encouraged to seek means by which greater minority involvement can take place with the District and the larger central business district of the City. *History: Ord. 92-057* ### Subtitles 2 to 5 ### Subtitle 6 – Charles Village Community Benefits District #### § 6-1 Declarations. Balt., Md., Code art. 14, § 6-1 (2026) (a) After giving consideration to the views of property owners, the retail merchants, the property tenants, and other members of the business and residential communities within the District, and after a public hearing, the Mayor and City Council has determined that: (1) the District created under this subtitle will reflect a diverse mix of business and residential properties; and (2) the District will reflect a diverse economic, social, and racial mix. (b) (1) The Mayor and City Council intends this subtitle to be a pilot program. (2) The Mayor and City Council recommends that residents of the District consult a tax advisor before treating the supplemental tax paid to the District as a deductible tax. *History: Ord. 94-414* *History: Ord. 98-260* #### § 6-2 District created; boundaries. Balt., Md., Code art. 14, § 6-2 (2026) (a) The Charles Village Community Benefits District is created. The District comprises all properties within the following boundaries, except as specified in subsection (c) of this section: (1) on the south, a line beginning at the intersection of the center lines of 20th Street and Howard Street, running east along the center line of 20th Street to the center line of Guilford Avenue; then (2) running north along the center line of Guilford Avenue to the center line of 25th Street; then (3) running east along the center line of 25th Street to the center line of Loch Raven Boulevard; then running northeast along the centerline of Loch Raven Boulevard to the center line of the tracks of the CSX Railroad (approximately 500 feet north of 25th Street); then (4) running west along the center line of the CSX Railroad tracks to the center line of Greenmount Avenue; then (5) running north along the center line of Greenmount Avenue to the center line of Old York Road; then (6) running north along the center line of Old York Road to the center line of 35th Street; then (7) running west along the center line of 35th Street to the center line of Greenmount Avenue; then (8) running south along the center line of Greenmount Avenue to the center line of 33rd Street; then (9) running west along the center line of 33rd Street to the center line of Charles Street; then (10) running south along the center line of Charles Street to the center line of 29th Street; then (11) running west along the center line of 29th Street to the center line of Howard Street; then running south along the center line of Howard Street to the center line of 26th Street; then (12) running west along the center line of 26th Street to the center line of Huntingdon Avenue; then running south along the center line of Huntingdon Avenue to the center line of 25th Street; then (13) running east along the center line of 25th Street to the center line of Howard Street; then (14) running south along the center line of Howard Street to the center line of 24th Street; then (15) running west along the center line of 24th Street to the center line of Huntingdon Avenue; then (16) running south along the center line of Huntingdon to the center line of 23rd Street; then running west along the center line of 23rd Street to the center line of Huntingdon Avenue; then (17) running south along the center line of Huntingdon Avenue to the center line of 21st Street; then (18) running east along the center line of 21st Street to the center line of Howard Street; then (19) running south along the center line of Howard Street to the center line of 20th Street (point of origin). (b) The Charles Village Community Benefits District shall include properties binding on either side of a street or of the CSX Railroad tracks that constitute part of the boundaries established by this section. (c) The following properties are excluded from the District: (1) 3336 Old York Road. (2) 3338 Old York Road. (3) 3340 Old York Road. (4) 3342 Old York Road. (5) 3344 Old York Road. (6) 3346 Old York Road. (7) 3400 Old York Road. (8) 3402 Old York Road. (9) 3404 Old York Road. (10) 3406 Old York Road. (11) 3408 Old York Road. (12) 3410 Old York Road. (13) 3412 Old York Road. (14) 3414 Old York Road. (15) 3424 Old York Road. (16) 3426 Old York Road. (17) 3428-30 Old York Road. (17a) Lot on East side of Old York Road at Southeast corner of Venable Avenue. (17b) 600 Venable Avenue. (17c) 600 E. 33rd Street. (18) 500 E. 34th Street. (19) 501 E. 34th Street. (20) 502 E. 34th Street. (21) 504 E. 34th Street. (22) 601 E. 34th Street. (23) 500 E. 35th Street. (24) 501 E. 35th Street. (25) 502 E. 35th Street. (26) 503 E. 35th Street. (27) 504 E. 35th Street. (28) 505 E. 35th Street. (29) 506 E. 35th Street. (30) 507 E. 35th Street. (31) 508 E. 35th Street. (32) 509 E. 35th Street. (33) 510 E. 35th Street. (34) 511 E. 35th Street. (35) 512 E. 35th Street. (36) 513 E. 35th Street. (37) 514 E. 35th Street. (38) 515 E. 35th Street. (39) 516 E. 35th Street. (40) 517 E. 35th Street. (41) 518 E. 35th Street. (42) 520 E. 35th Street. (43) 522 E. 35th Street. (44) 524 E. 35th Street. (45) 526 E. 35th Street. (46) 528 E. 35th Street. (47) 530 E. 35th Street. (48) 532 E. 35th Street. *History: Ord. 94-414* *History: Ord. 03-574* #### § 6-3 Authority created. Balt., Md., Code art. 14, § 6-3 (2026) (a) There is hereby created the Charles Village Community Benefits District Management Authority, which is referred to hereafter as the “Authority”. (b) The purpose of the Authority is to promote and market the District, provide supplemental security and maintenance services, provide amenities in public areas, provide park and recreational programs and functions, and after its establishment, other services and functions as requested by the Authority and approved by an ordinance of the Mayor and City Council. *History: Ord. 94-414* #### § 6-4 Powers of Authority. Balt., Md., Code art. 14, § 6-4 (2026) The Authority shall: (1) not be or constitute or be deemed an agency of the City or the State of Maryland; (2) to the greatest extent allowable by law, be deemed a special taxing district, and therefore a governmental body, both politic and corporate, exercising only such powers as are provided for in this subtitle; (3) not exercise any power specifically withheld by the terms of either the Enabling Legislation {Article II, § (63) of the City Charter (1996 Edition)}, or if more restrictive, this subtitle. However, the powers of the Authority shall be broadly interpreted in order to allow the Authority to achieve the goals of the Enabling Legislation, including the provision of supplementary security and maintenance services, the promotion and marketing of the District, and the provision of amenities in public areas; (4) acquire, hold, and use both real and personal property necessary to achieve its purposes, including the acquisition by purchase, lease, or other means; (5) engage the services of an administrator (the “Administrator”), which may be an individual or an entity, to administer the programs and undertakings of the Authority; (6) sue and be sued, provided that the District, the Authority, its Board of Directors, and the Administrator shall benefit, to the fullest extent allowable by law, from any provisions of federal, state, and local law limiting the liability of employees, officers, agents, and officials of governmental bodies; (7) accept grants; (8) borrow funds for purposes consistent with the public purposes of the Authority, provided no borrowing shall be for a term beyond the date for renewal of the District under § 6-16 of this subtitle; (9) adopt an annual budget and impose, charge, and collect the taxes or charges on benefitted properties within the District authorized by the Enabling Legislation and this subtitle; provided, however, that no taxes shall be levied against properties which are exempt under state law from ordinary property taxes; (10) create and enter into partnerships between the Authority and various property owners otherwise exempt from ordinary property taxes, which partnerships may provide for the provision of permitted services and benefits by the Authority in exchange for payments arranged by contract, donation, gift, services in kind, or other mechanism by which funds or benefits are provided to the Authority; (11) establish and elect such officers of the Board as are not specified in this subtitle and provide for their terms and duties; (12) contract for and purchase goods and services, without being subject to Baltimore City requirements regarding wage scales, competitive bidding, or other local procurement laws, but nonetheless shall be subject to applicable ordinances regarding City policy on encouraging and achieving goals for minority and women’s business enterprises participation in the contracting activities of the Authority; (13) subject to the approval of the Board of Estimates, adopt, amend, and modify bylaws, consistent with the Enabling Legislation and this subtitle; (14) implement the programs and goals of the Authority directly through employees, or through 1 or more contracts, which contracts can be with independent contractors or contractual employees; (15) assist in the leasing, marketing, and promotional activities within the District, to the extent such activities are approved by the governing Board of the Authority; (16) appoint, hire, or engage such auditors, accountants, attorneys, assistants, aides, employees, and advisors as may be deemed necessary for the proper performance of the duties of said Authority, but consistent with this subtitle; and (17) do all other things necessary or convenient to carry out its goals, objectives, and powers. *History: Ord. 94-414* #### § 6-5 Limitations on Authority. Balt., Md., Code art. 14, § 6-5 (2026) The Authority may not: (1) exercise any police or general powers other than those authorized by state law and City ordinance; (2) pledge the full faith or credit of the City; (3) impose taxes or charges in excess of those approved by the Board of Estimates; (4) exercise the power of eminent domain; (5) extend its life without the approval of the City Council; (6) except as otherwise provided by law, engage in competition with the private sector; (7) except as otherwise provided in § 47, revert charges or taxes collected pursuant to this subtitle to the Financial Plan of the City; (8) be an agency of the Mayor and City of Baltimore or the State of Maryland[,] and its officers and employees may not act as agents or employees of the Mayor and City of Baltimore or the State of Maryland; (9) employ individuals who reside outside the City of Baltimore; and (10) except as required or appropriate to facilitate its normal operations, incur debt. *History: Ord. 94-414* #### § 6-6 Board of Directors. Balt., Md., Code art. 14, § 6-6 (2026) (a) The Authority shall be governed by and administered through a Board of Directors (the “Board”). The Board shall be subject to the following requirements. (b) (1) The interim Board of the Authority shall be those individuals whose names are set forth on the list attached to Ordinance 94-414 as Exhibit A. (2) The interim Board shall be responsible for: (i) drafting the bylaws of the Authority; (ii) recommending a full Board for the Authority to the Board of Estimates; and (iii) preparing a proposed operations plan and budget. (c) (1) The interim Board members shall serve for a period not to exceed 6 months, unless extended by the Board of Estimates, and only until a full Board is approved by the Board of Estimates as provided hereafter. (2) The majority of the interim Board members shall be owners or representatives of property owners in the District that are subject to taxes or charges under this subtitle and must be eligible to vote in the election required under § 6-15. (3) In the event of resignation, expiration, or other departure from the Board, or removal in accordance with the bylaws of the Authority, of any member of the Board, successors shall be elected by the remaining members of the Board. (d) (1) The number of members of the full Board must be at least 14, excluding vacancies, and no more than 27. (2) The interim Board shall propose to the Board of Estimates the initial full membership of the Board and the proposed terms for each director. The terms of the members shall be staggered. (3) Interim Board members may be included in the recommended full Board list. (4) The recommendation shall occur no later than 10 days after approval of the District, and is subject to the consent and concurrence of the Board of Estimates. (5) The Board may increase or decrease its membership, within these limits. (e) The following minimum representation shall be present on the full Board, except during periods of temporary vacancies: (1) 1 voting member shall be appointed by the Mayor. (2) 2 voting members shall be members of the City Council appointed by the President of the City Council. (3) At least 8 voting Board members shall be from the following constituent organizations within the District: (i) the Abell Improvement Association; (ii) the Charles Village Civic Association; (iii) the Old Goucher Community Association, and (iv) the Harwood Community Association. (4) At least 6 voting Board members shall be from the following constituent organizations within the District: (i) Waverly Main Street, (ii) the Old Goucher Business Alliance, Inc., and (iii) the North Charles Village Business Association. (5) The Board may contain additional members from the following constituent groups: (i) 4 non-voting members from the neighborhood associations bordering the District; and (ii) 2 non-voting members from the Midtown Churches, Inc., and the various non-profit organizations within the District. (6) The Board may contain 4 at-large voting members. (7) At least a majority of the Board shall be composed of owners or representatives of property owners subject to the tax imposed by this subtitle. A voting member of the Board must be eligible to vote in the election under § 6-15 of this subtitle. (8) The Board shall endeavor to maintain representatives on the Board from professionals practicing in the District, the retail merchants within the District, and the tenants of properties in the District; however, no minimum representation shall apply. (9) Consistent with the encouragement of partnerships between the Authority and property owners exempt from the tax imposed by this subtitle, the Board is encouraged to consider representation of such partners on the Board. (f) All powers of the Authority shall be exercised by and through the Board, unless delegated by the Board to 1 or more officers thereof or to the Administrator. (g) (1) The Board may adopt such bylaws, rules, and regulations as it deems necessary in carrying out the powers of the Authority, so long as the same shall not be inconsistent with the terms of this subtitle or of any ordinance amendatory or supplementary hereof or of the Enabling Legislation. (2) All bylaws shall be subject to the approval of the Board of Estimates. (3) The Board may establish its own procedures relating to the internal administration of the Authority, except as may be restricted by the Enabling Legislation or this subtitle. (h) The Board shall select from among its members, individuals to serve as officers, at the pleasure of the Board, as president, vice-president, treasurer, and secretary of the Authority, delegating to these individuals responsibilities the Board deems appropriate. *History: Ord. 94-414* *History: Ord. 95-679* *History: Ord. 98-260* *History: Ord. 02-349* *History: Ord. 03-574* *History: Ord. 10-305* *History: Ord. 12-008* *History: Ord. 12-016* #### § 6-7 Annual Financial Plan. Balt., Md., Code art. 14, § 6-7 (2026) (a) The Board shall adopt an annual financial plan (the “Financial Plan”), based on the City’s fiscal year, consisting of at least a proposed schedule of taxes or charges to be imposed throughout the District. (b) Before adopting the Financial Plan, the Board shall arrange for a public hearing to be held on the Financial Plan. The hearing shall not occur until after notice of the hearing has been published in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks. (c) The Authority may not approve a Financial Plan that includes taxes or charges in excess of those approved by the Board of Estimates. (d) (1) The first Financial Plan submitted can be for less than a full fiscal year. (2) The initial budget for the Authority shall include all of the fiscal year ending on June 30, 1995, and may include the costs of preparing the Financial Plan and implementing the Authority and the District, so long as such costs were incurred during that fiscal year. (3) If the Authority is not implemented as a result of the operation of § 6-15 of this subtitle, neither the Authority nor the District, nor the City, shall have any liability for costs incurred prior to the initiation of operations, whether or not incurred by the Administrator or on behalf of the District or the Authority. *History: Ord. 94-414* #### § 6-8 Supplemental Tax. Balt., Md., Code art. 14, § 6-8 (2026) (a) (1) Upon enactment of this subtitle, the Board of Estimates shall obtain from the Director of Finance the “assessable base” of the District, which shall constitute a listing by property and a calculation of the sum of assessments on properties subject to the Supplemental Tax. (2) Properties subject to the tax shall include all properties within the District except those exempt under this subtitle, the Enabling Legislation, or other applicable laws. (3) The Board of Estimates shall determine with finality the assessable base upon which the Supplemental Tax will be based. (b) (1) The funding for operation of the Authority shall be provided by a supplemental property tax (the “Supplemental Tax”) on the assessable base of the District as determined in subsection (a). (2) The Supplemental Tax shall be assessed and collected in conjunction with the property taxes assessed and collected by the City (“Regular Tax”), unless otherwise established by the Board of Estimates. (3) Except as otherwise specified in paragraph (4) of this subsection, enforcement of the Supplemental Tax shall be in accordance with the enforcement of the Regular Tax, and all provisions applicable to the assessments, refunds, credits, collections, and enforcement which apply to the Regular Tax shall apply to the Supplemental Tax unless modified herein. (4) The high-performance market-rate rental housing credit authorized by Article 28, § 10-18 {“High-performance market-rate rental housing – Citywide”} does not apply to the Supplemental Tax. (c) The Supplemental Tax rate shall be determined as follows: (1) Any increase in the rate of the Supplemental Tax must be approved by a majority of the voting Board members. (2) For the initial budget year, the rate of the Supplemental Tax shall be set to raise revenues equal to the costs of the Financial Plan but shall not exceed a full year rate of 30¢ per $100 of assessed value. (3) For the first full budget year, the rate of the Supplemental Tax shall be set to raise revenues equal to the costs of the Financial Plan but shall not exceed 30¢ per $100 of assessed value, except that the rate may be adjusted to produce revenue equivalent to the full year 30¢ yield of the initial budget year. (4) For any year after the first full budget year, the rate of the Supplemental Tax may be adjusted to yield revenues which are no more than 5% greater than in the prior year. (d) Exempt from the provisions of this subtitle relating to a supplemental annual property tax are the poles, conduits, tunnels, pipe lines, manholes, and other similar surface or subsurface structures, including their equipment, owned and controlled by a public service corporation, located on, over, or under streets, alleys, or other public ways or lands, the construction of which is authorized by the City, and the installation of which is regulated and supervised by the Department of Transportation. *History: Ord. 94-414* *History: Ord. 15-435* *History: Ord. 16-532* #### § 6-9 Other charges. Balt., Md., Code art. 14, § 6-9 (2026) (a) (1) Properties within the District subject to the Supplemental Tax shall not be required to pay any other charges or fees for services generally provided within the District by the Authority. (2) However, the Authority may impose charges and fees for any special services requested by and performed for 1 or more property owners. (b) The Board, with the approval of the Board of Estimates, may establish other fees and charges for specific services performed within the District, within areas adjoining the District, for properties and owners not subject to the Supplemental Tax and in conjunction with partnerships encouraged by this subtitle. *History: Ord. 94-414* #### § 6-10 Baseline City services. Balt., Md., Code art. 14, § 6-10 (2026) (a) Prior to imposing and collecting the Supplemental Tax authorized by this subtitle, the Authority shall enter into a memorandum of understanding with the Mayor of the City regarding the level of services to be maintained by the City as the City’s partnership obligation to the Authority and the District’s taxpayers. (b) Such a memorandum shall: (1) describe the existing levels of service within the District; (2) commit the City to the maintenance of such levels of service; and (3) outline the further undertakings of the City in response to the initiative represented by the creation of the District (the “Baseline Plus”). (c) The maintenance of existing services shall be governed by 2 principles: (1) No decrease in such services shall occur except as part of an overall decrease in services necessitated by changes in funding, policy, or resources, and then only in proportion to the decreases implemented elsewhere in the City. (2) Any increase in such services generally throughout the City shall be matched with increases in such services within the District, in proportion to the increases implemented elsewhere in the City. *History: Ord. 94-414* #### § 6-11 Partnerships. Balt., Md., Code art. 14, § 6-11 (2026) (a) The Authority is authorized and encouraged to enter into partnerships with the property owners and users within the District and adjoining areas that are not subject to the Supplemental Tax (“Exempt Partners”) for the purpose of furthering the broad objectives of improving and enhancing public services throughout the District. (b) In furtherance of that objective, the Authority may: (1) contract to provide varying levels of services to areas adjoining the District; (2) agree to accept donations, contributions, and voluntary payments of any kind from Exempt Partners (collectively, “Voluntary Payments”), with or without agreements regarding specific services and functions; (3) enter into agreements with Exempt Partners to include property owned by those Exempt Partners within the District in return for Voluntary Payments and/or commitments regarding the provision of similar services and functions within properties owned by Exempt Partners; and (4) establish rates and charges for the provision of services to Exempt Partners. *History: Ord. 94-414* *History: Ord. 04-672* #### § 6-12 Collection and disbursement. Balt., Md., Code art. 14, § 6-12 (2026) (a) The Authority is authorized and directed to establish with the appropriate City agencies the methods by which the Supplemental Tax is to be assessed, collected, and disbursed to the Authority. (b) Amounts collected by the City on behalf of the Authority: (1) shall not be included in the revenues of the City; (2) shall not be deemed subject to the budgetary and appropriation process; and (3) shall be disbursed promptly upon collection. (c) As part of the City’s contribution to the District, such collection, assessment, disbursement, record-keeping, and enforcement as may be involved in the process, shall not be a charge to or against the Authority or the District but shall be an element of the Baseline Plus. (d) (1) The Department of Finance of the City is authorized to collect the Supplemental Tax and such other charges as are approved by the Board of Estimates. (2) The assessment for the Supplemental Tax may be included with the annual real property tax bill submitted to the owners of properties within the District. (3) The Department of Finance shall make regular remittances of the amounts collected to the Board of the Authority. (e) The penalties and interest applicable to delinquent taxes shall be applied to delinquencies in payment of the Supplemental Tax. (f) (1) The amount of any outstanding assessment on any property, and accrued interest and other charges, shall constitute a lien on the property. (2) The lien: (i) shall take precedence over all other liens, whether created prior to or subsequent to the assessment, commensurate with a lien for state and county taxes, general municipal taxes, and prior improvement assessments; and (ii) shall not be defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. (3) No error in the proceedings of the City or the Board of the Authority shall exempt any property from the lien, or from payment thereof, or from the penalties or interest thereon, as herein provided. *History: Ord. 94-414* #### § 6-13 Administrator. Balt., Md., Code art. 14, § 6-13 (2026) (a) The Administrator shall have the power to: (1) prepare the Financial Plan for review and approval by the Board; (2) implement the approved Financial Plan and arrange for the collection and disbursement of the Supplemental Tax and all other charges, fees, and revenues of the Authority; (3) establish procedures and processes necessary to perform the functions called for under the Financial Plan and the budget; (4) be responsible for the day-to-day operations of the Board and its employees and contractors; (5) exercise the powers granted to the Authority under this subtitle, provided that the Board shall retain final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority; (6) hire and retain such employees, agents, and contractors as are needed to perform its functions for the Authority, provided that all hiring and contracting shall comply with § 6-4(12) of this subtitle; (7) be the direct agent of the Authority, so that any immunity afforded to the Authority and its officers, employees and agents, shall be afforded as well to the Administrator; and (8) have further rights, powers, and authority as granted to it by the Board. (b) Any limitations on the powers and authority of the Board shall apply as well to the Administrator in performing the functions charged to the Administrator by this subtitle or by the Board. (c) The initial Administrator of the Authority shall be the Greater Homewood Community Corporation, Inc., unless otherwise determined by the interim Board. *History: Ord. 94-414* #### § 6-14 Oversight by Board of Estimates. Balt., Md., Code art. 14, § 6-14 (2026) (a) The Board of Estimates shall have the following powers with regard to the District and the Authority. (b) The full Board proposed by the interim Board in accordance with § 6-6 of this subtitle shall be subject to the approval of the Board of Estimates. (c) (1) The Financial Plan and the schedule of rates and charges shall be subject to the approval of the Board of Estimates. (2) Beginning with the Financial Plan for fiscal year 1996, the Board shall submit all materials at least 2 months prior to the proposed effective date of a budget or Supplemental Tax. (3) In considering a proposed budget and schedule of taxes and charges, the Board of Estimates shall not have the power to exceed or increase either the budget or the schedule of taxes, rates, and charges beyond those proposed by the Authority. (d) The Board of Estimates shall review and approve the initial bylaws of the Authority and any proposed amendments thereto. (e) The Board of Estimates shall be the final arbiter and decision maker regarding the approval and renewal process for the District specified in this subtitle. *History: Ord. 94-414* #### § 6-15 Election approval process. Balt., Md., Code art. 14, § 6-15 (2026) (a) The Board of Estimates, with the assistance of the interim Board, the Department of Finance, and the Supervisor of the Board of Elections, shall be responsible for compiling a list of those persons eligible to vote on the establishment of the District and on any question relating to its renewal. (b) The following persons are eligible to vote subject to the limitations that no person may have more than 1 vote: (1) owners of property within the District which is subject to tax under § 6-8; (2) voters registered to vote within the District; and (3) any current member of the Baltimore City Council. (c) (1) A ballot shall be provided to each eligible voter regarding approval of the establishment of the District and the Authority consistent with this subtitle. (2) Each ballot, with a certified signature of the eligible voter, shall be returned to the Board of Estimates, c/o the Comptroller’s Office, within 30 days of the date specified on the ballot. (d) (1) At the end of the election period, the Board of Estimates shall determine the aggregate votes cast by the eligible voters. (2) If the Board of Estimates determines that at least 58% of the aggregate votes cast approved the establishment of the Authority, the Board of Estimates shall certify the Authority as approved for operation. *History: Ord. 94-414* *History: Ord. 12-016* #### § 6-16 4-year reviews. Balt., Md., Code art. 14, § 6-16 (2026) (a) No later than 4 years after the enactment of this subtitle and every 4 years thereafter, the Mayor and City Council shall hold 1 or more public hearings to evaluate the activities and undertakings of the Authority and the District. (b) At the conclusion of the hearings, the Mayor and City Council shall determine whether the District is to continue for another 4 years. (c) This process shall be repeated periodically to satisfy the requirements of the Enabling Legislation. *History: Ord. 94-414* #### § 6-17 Dissolution of District. Balt., Md., Code art. 14, § 6-17 (2026) (a) In the event that the District and the Authority are either not approved through the process described in § 6-15, or are not renewed as provided in § 6-16, the Authority shall cease its operations, and the District shall cease to exist, at the end of the City’s fiscal year in which such terminating event occurs. (b) The Authority shall continue its existence only so long as is necessary to terminate operations in a reasonable fashion and to arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities. (c) Any unspent funds shall revert back to the City’s General Fund. *History: Ord. 94-414* ### Subtitle 7 – Midtown Community Benefits District #### § 7-1 Declarations. Balt., Md., Code art. 14, § 7-1 (2026) (a) After giving consideration to the views of the property owners, the retail merchants, the property tenants, and other members of the business and residential communities within the Midtown Community Benefits District (the “District”), and after a public hearing, the Mayor and City Council has determined that: (1) the District created under this subtitle will reflect a diverse mix of business and residential properties; and (2) the District will reflect a diverse economic, social, and racial mix. (b) The Mayor and City Council recommends that residents of the District consult a tax advisor before treating the supplemental tax paid to the District as a deductible tax. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-2 District created; boundaries. Balt., Md., Code art. 14, § 7-2 (2026) (a) There is a community benefits district to be known as the Midtown Community Benefits District, within the following boundaries: Beginning at the point of intersection of the center lines of Franklin Street and Park Avenue; then east along the north side of Franklin Street to intersect with the property line between Lot 4 and Lot 5 of Block 551; then north along that property line continuing across Hamilton Street to intersect with the north side of Centre Street; then east on the north side of Centre Street to intersect with the center line of I-83; then north on 1-83 to intersect with the west side of Calvert Street; then north on the west side of Calvert Street to intersect with the south side of North Avenue; then west on the south side of North Avenue; then continuing west on the south side of North Avenue to intersect with the southeast side of Gold Street; then southwest on the southeast side of Gold Street to intersect with the northeast side of Tiffany Alley; then southeast on the northeast side of Tiffany Alley to intersect with the northwest side of Dolphin Street; then northeast on the northwest and north sides of Dolphin Street to intersect with the northeast side of Madison Avenue; then southeast on the east side of Madison Avenue to intersect with the southeast side of Martin Luther King, Jr. Boulevard; then southwest on the northeast side of Martin Luther King, Jr. Boulevard to intersect with the northeast side of Read Street; then southeast on the northeast side of Read Street to intersect with the east side of Tyson Street; then south on the east side of Tyson Street to intersect with the south side of Monument Street; then west on the south side of Monument Street to intersect with the east side of Howard Street; then south on the east side of Howard Street to intersect with the north side of Centre Street; then east on the north side of Centre Street to intersect with the east side of Park Avenue; then south on the east side of Park Avenue to the point of beginning. Provided, however, that the following property is included in the described area: 1801 Falls Road (Block 387, Lots 25b, 26, 35, 36, 37, and 38). (b) If boundary descriptions result in a property being located in 2 or more community benefits districts, then the property is considered to be contained in the first community benefits district created. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-3 Authority created. Balt., Md., Code art. 14, § 7-3 (2026) (a) There is a Midtown Community Benefits District Management Authority, referred to in this subtitle as the “Authority”. (b) The purpose of the Authority is to: (1) promote and market the District; (2) provide supplemental security and maintenance services for properties within the District; (3) provide amenities in public areas; (4) provide park and recreational programs and functions; and (5) after its establishment, other services and functions as requested by the Authority and approved by an ordinance of the Mayor and City Council. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-4 Powers and functions of Authority. Balt., Md., Code art. 14, § 7-4 (2026) (a) To the greatest extent allowable by law, the Authority is and shall be deemed to be a special tax district, exercising only those powers as are provided for in this subtitle. (b) The Authority: (1) may acquire, hold, and use both real and personal property necessary to achieve its purposes, including acquisition by purchase, lease, or other means; (2) may engage the services of an administrator (the “Administrator”), which may be an individual or an entity, to administer the programs and undertakings of the Authority; (3) may sue and be sued, provided that the District, the Authority, the Authority’s Board of Directors, and the Administrator shall benefit, to the fullest extent allowable by law, from any provisions of federal, State, and local law limiting the liability of employees, officers, agents, and officials of governmental bodies; (4) may accept grants; (5) may borrow funds for purposes consistent with the public purposes of the Authority, provided no borrowing shall be for a term beyond the date for renewal of the District under § 7-16 {“4-year reviews”} of this subtitle; (6) subject to the approval of the Board of Estimates, shall adopt an annual Financial Plan that includes a budget and the taxes or charges on benefitted properties within the District authorized by City Charter Article II, § (63) and this subtitle; (7) may create and enter into partnerships between the Authority and various property owners otherwise exempt from ordinary property taxes, which partnerships may provide for the provision of permitted services and benefits by the Authority in exchange for payments arranged by contract, donation, gift, services in kind, or other mechanism by which funds or benefits are provided to the Authority; (8) may establish and elect such officers of the Board as are not specified in this subtitle and provide for terms and duties of the officers; (9) may contract for and purchase goods and services, without being subject to Baltimore City requirements regarding wage scales, competitive bidding, or other local procurement laws, but nonetheless shall be subject to applicable ordinances regarding City policy on encouraging and achieving goals for minority and women’s business enterprises participation in the contracting activities of the Authority; (10) subject to the approval of the Board of Estimates, shall adopt, amend, and modify bylaws, consistent with City Charter Article II, § (63) and this subtitle; (11) may implement the programs and goals of the Authority directly through employees, or through 1 or more contracts, which contracts may be with independent contractors or contractual employees; (12) may assist in the leasing, marketing, and promotional activities within the District, to the extent such activities are approved by the governing Board of the Authority; (13) may appoint, hire, or engage such auditors, accountants, attorneys, assistants, aides, employees, and advisors as may be deemed necessary for the proper performance of the duties of said Authority, but consistent with this subtitle; and (14) may do all other things necessary or convenient to carry out its goals, objectives, and powers. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-5 Limitations on Authority. Balt., Md., Code art. 14, § 7-5 (2026) (a) (1) The Authority is not and may not be deemed to be an agency of the Mayor and City of Baltimore or of the State of Maryland. (2) The officers and employees of the Authority are not and may not act as agents or employees of the Mayor and City of Baltimore or the State of Maryland. (b) The Authority may not: (1) exercise any police or general powers other than those authorized by State law and City ordinance; (2) pledge the full faith or credit of the City; (3) impose taxes against properties that are exempt under State law from ordinary property taxes; (4) impose taxes or charges in excess of those approved by the Board of Estimates; (5) exercise the power of eminent domain; (6) extend its life without the approval of the City Council; (7) except as otherwise provided by law, engage in competition with the private sector; (8) except as otherwise provided in § 7-17 {“Dissolution of District”}, revert charges or taxes collected pursuant to this subtitle to the General Fund of the City; (9) employ individuals who reside outside the City of Baltimore; (10) except as required or appropriate to facilitate its normal operations, incur debt; and (11) exercise any power specifically withheld by the terms of either this subtitle or, if more restrictive, City Charter Article II, § (63). (c) The powers of the Authority shall be broadly interpreted to allow the: (1) Authority to achieve the goals of City Charter Article II, § (63), including the provision of supplementary security and maintenance services; (2) the promotion and marketing of the District; and (3) the provision of amenities in public areas. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-6 Board of Directors. Balt., Md., Code art. 14, § 7-6 (2026) (a) The Authority shall be governed by and administered through a Board of Directors (the “Board”). (b) (1) The interim Board of the Authority shall be those individuals whose names are set forth below, of whom, certain individuals shall serve in the capacity identified: (i) Nicholas Cohen, Chair of the Interim Board; (ii) Camille Kashaka, Vice Chair of the Interim Board; (iii) Lee Tawney, Secretary of the Interim Board; (iv) Steve Johnson, Treasurer of the Interim Board; (v) Unique Robinson; (vi) Kevin Daniels; (vii) Oge Olkoli; (viii) Sam Wilson; (ix) Joelle Johnson; (x) David Lapides; (xi) Fritz Meyer; (xii) Kevin Griffin Moreno; (xiii) Omar Hamza; (xiv) Jack Danna; (xv) Alan D. Robinson; (xvi) Mary Ann Henderson; (xvii) Colleen Stanley; (xviii) Chris Lamb; (xix) Rekea Williams; (xx) Kristin Speaker; (xxi) Nicholas Roberts; (xxii) Mark Longhurst; (xxiii) Krista Green; and (xxiv) Zachary Blanchard (2) The interim Board shall be responsible for: (i) drafting the bylaws of the Authority; (ii) recommending a full Board for the Authority to the Board of Estimates; and (iii) preparing a proposed operations plan and Financial Plan. (c) (1) The number of voting members of the full Board may not be less than 14, excluding vacancies, and may not be more than 25. (2) The Board has full authority to increase or decrease its membership, within the limits specified in this subsection. (d) (1) The terms of the members are staggered, as required by the terms of the members first appointed. (2) In the event of a member’s resignation, expiration of term, or removal in accordance with the bylaws of the Authority, successors shall be elected by the remaining members of the Board. (e) (1) The Board comprises the following voting members: (i) 1 member appointed by the Mayor; (ii) 1 member shall be a member of the City Council appointed by the President of the City Council; (iii) at least 2 members from each of the following constituent organizations within the District: (A) Charles-North Community Association; (B) Bolton Hill Community Association; (C) Madison Park Improvement Association, Inc.; and (D) Mt. Vernon-Belvedere Improvement Association; and (iv) 4 at-large members, 1 from each of the following communities comprising the District: (A) Charles-North; (B) Bolton Hill; (C) Madison-Park; and (D) Mt. Vernon-Belvedere. (2) The Board may contain additional members from the following constituent groups, as determined by the Board from time to time: (i) up to 3 voting members from the organizations within the District that make voluntary contributions to the District, which include: (A) the Maryland Institute College of Art; (B) the University of Baltimore; and (C) the Peabody Institute of the Johns Hopkins University; and (ii) up to 6 voting members representing constituencies that the Board determines will enhance the Authority’s success in furthering the broad objectives of improving and enhancing public services throughout the District, including, by way of example only: (A) retail merchants; (B) major employers; (C) professionals practicing in the District; and (D) residential tenants. (3) At least 2/3rds of the Board shall be property owners or representatives of property owners subject to the tax imposed by this subtitle. (4) Consistent with the encouragement of partnerships between the Authority and property owners exempt from the tax imposed by this subtitle, the Board is encouraged to consider representation of exempt partners on the Board. (f) All powers of the Authority shall be exercised by and through the Board, unless delegated by the Board to 1 or more officers thereof or to the Administrator. (g) (1) The Board may adopt such bylaws as it deems necessary to carry out the powers of the Authority, so long as the same shall not be inconsistent with the terms of this subtitle or of City Charter Article II, § (63). (2) All bylaws shall be subject to the approval of the Board of Estimates. (3) The Board may establish its own procedures relating to the internal administration of the Authority, except as may be restricted by City Charter Article II, § (63) or this subtitle. (h) (1) The Board shall select from among its members individuals to serve as the Authority’s: (i) chair; (ii) vice-chair; (iii) treasurer; and (iv) secretary. (2) These officers serve at the pleasure of the Board. (3) The Board may delegate to these officers those responsibilities that the Board considers appropriate. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-7 Annual Financial Plan. Balt., Md., Code art. 14, § 7-7 (2026) (a) The Board shall adopt an annual financial plan (the “Financial Plan”), based on the City’s fiscal year, consisting of: (1) a proposed schedule of taxes or charges to be imposed throughout the District; and (2) a proposed budget. (b) (1) Before adopting the Financial Plan, the Board shall arrange for a public hearing. (2) Notice of the public hearing on the Financial Plan: (i) shall be published in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks; or (ii) may be given by alternative means in the event that State law permits alternative methods of providing public notice. (c) The Authority may not approve a Financial Plan that includes taxes or charges in excess of those approved by the Board of Estimates. (d) (1) The first Financial Plan may be for less than a full fiscal year. (2) The initial Financial Plan for the Authority shall include all of the fiscal year ending on June 30, 2026, and may include the costs of preparing the Financial Plan and implementing the Authority and the District, so long as such costs were incurred during that fiscal year. (3) If the Authority is not implemented as a result of the operation of § 7-15 of this subtitle, neither the Authority nor the District, nor the City, shall have any liability for costs incurred prior to the initiation of operations, whether or not incurred by the Administrator or on behalf of the District or the Authority. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-8 Supplemental Tax. Balt., Md., Code art. 14, § 7-8 (2026) (a) (1) The Board of Estimates shall obtain from the Director of Finance the “assessable base” of the District, which shall constitute a listing by property and a calculation of the sum of assessments on properties subject to the Supplemental Tax. (2) Properties subject to the tax shall include all properties within the District except properties exempt under City Charter Article II, § (63) or any other applicable law. (3) The Board of Estimates shall determine with finality the assessable base upon which the Supplemental Tax will be based. (b) (1) Funding for Authority operations shall be provided by a supplemental property tax (the “Supplemental Tax”) on the assessable base of the District as determined under subsection (a) of this section. (2) The Supplemental Tax shall be assessed and collected in conjunction with the property taxes assessed and collected by the City (the “Regular Tax”), unless otherwise established by the Board of Estimates. (3) Enforcement of the Supplemental Tax shall be in accordance with the enforcement of the Regular Tax, and all provisions applicable to the assessments, refunds, credits, collections, and enforcement which apply to the Regular Tax shall apply to the Supplemental Tax unless modified herein. (4) Enforcement of the Supplemental Tax as provided under paragraph (3) is modified for properties receiving the Homestead Tax Credit and the Targeted Homeowners Tax Credit as follows:

(Supplemental Tax)

x

(Assessed Property Value - (Homestead Tax Credit + Targeted Homeowners Tax Credit))

=

Assessment Amount Owed
(c) The Supplemental Tax rate shall be determined as follows: (1) any increase in the rate of the Supplemental Tax must be approved by a majority of the voting Board members; (2) for the first budget year, the rate of the Supplemental Tax shall be set to raise revenues equal to the costs of the Financial Plan but shall not exceed a full year rate of 30¢ per $100 of assessed value; (3) for the first full budget year, the rate of the Supplemental Tax shall be set to raise revenues equal to the costs of the Financial Plan but shall not exceed 30¢ per $100 of assessed value, except that the rate may be adjusted to produce revenue equivalent to the full year 30¢ yield of the first budget year; and (4) for any year after the first full budget year, the rate of the Supplemental Tax may be adjusted to yield revenues which are no more than 10% greater than in the prior year unless the increase is approved by 80% or more of the voting Board members. (d) Exempt from the provisions of this subtitle relating to a supplemental annual property tax are the poles, conduits, tunnels, pipe lines, manholes, and other similar surface or subsurface structures, including their equipment, owned and controlled by a public service corporation, located on, over, or under streets, alleys, or other public ways or lands, the construction of which is authorized by the City, and the installation of which is regulated and supervised by the Department of Transportation. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-9 Other charges. Balt., Md., Code art. 14, § 7-9 (2026) (a) (1) An owner of a property within the District subject to the Supplemental Tax shall not be required to pay any other charges or fees for services generally provided within the District by the Authority. (2) The Authority may impose charges and fees for any special services requested by and performed for 1 or more owners of a property within the District. (b) The Board, with the approval of the Board of Estimates, may establish other fees and charges for specific services performed within the District, within areas adjoining the District, for properties and property owners not subject to the Supplemental Tax and in conjunction with partnerships encouraged by this subtitle. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-10 Baseline City services. Balt., Md., Code art. 14, § 7-10 (2026) (a) Before imposing and collecting the Supplemental Tax, the Authority shall enter into a memorandum of understanding with the Mayor regarding the level of services to be maintained by the City as the City’s partnership obligation to the Authority and the Distric’’s taxpayers. (b) This memorandum shall: (1) describe the existing levels of service within the District; (2) commit the City to the maintenance of such levels of service; and (3) outline the further undertakings of the City in response to the initiative represented by the creation of the District (the “Baseline Plus”). (c) The maintenance of existing services shall be governed by the 2 principles listed in this subsection (c). (1) No decrease in such services shall occur except as part of an overall decrease in services necessitated by changes in funding, policy, or resources, and then only in proportion to the decreases implemented elsewhere in the City. (2) Any increase in such services generally throughout the City shall be matched with increases in such services within the District, in proportion to the increases implemented elsewhere in the City. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-11 Partnerships. Balt., Md., Code art. 14, § 7-11 (2026) (a) The Authority is authorized and encouraged to enter into partnerships with the property owners and users within the District and adjoining areas that are not subject to the Supplemental Tax (“Exempt Partners”) for the purpose of furthering the broad objectives of improving and enhancing public services throughout the District. (b) In furtherance of that objective, the Authority may: (1) contract to provide varying levels of services to areas adjoining the District; (2) agree to accept donations, contributions, and voluntary payments of any kind from Exempt Partners (collectively, “Voluntary Payments”), with or without agreements regarding specific services and functions; (3) enter into agreements with Exempt Partners to include property owned by those Exempt Partners within the District in return for Voluntary Payments or commitments regarding the provision of similar services and functions within properties owned by Exempt Partners; and (4) establish rates and charges for the provision of services to Exempt Partners. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-12 Collection and disbursement. Balt., Md., Code art. 14, § 7-12 (2026) (a) The Authority shall establish with the appropriate City agencies the methods by which the Supplemental Tax is to be assessed, collected, and disbursed to the Authority. (b) Amounts collected by the City on behalf of the Authority: (1) may not be included in the revenues of the City; (2) are not and may not be deemed subject to the budgetary and appropriation process; and (3) shall be disbursed promptly upon collection. (c) As part of the City’s contribution to the District, such collection, assessment, disbursement, record-keeping, and enforcement shall not be a charge to or against the Authority or the District but shall be an element of the Baseline Plus. (d) (1) The Department of Finance of the City may collect the Supplemental Tax and other charges as approved by the Board of Estimates. (2) The assessment for the Supplemental Tax may be included with the annual real property tax bill submitted to the owners of properties within the District. (3) The Department of Finance shall make regular remittances of the amounts collected to the Board of the Authority. (e) The penalties and interest applicable to delinquent taxes shall be applied to delinquencies in payment of the Supplemental Tax. (f) (1) The amount of any outstanding assessment on any property, and accrued interest, and other charges shall constitute a lien on the property. (2) The lien: (i) shall take precedence over all other liens, whether created before or after the assessment, commensurate with a lien for State and county taxes, general municipal taxes, and prior improvement assessments; and (ii) may not be defeated or postponed by: (A) any private or judicial sale; (B) any mortgage; or (C) any error or mistake in the description of the property or in the names of the owners. (3) No error in the proceedings of the City or the Board of the Authority shall exempt any property from: (i) the lien; (ii) the lien’s payment; or (iii) the penalties or interest thereon, as herein provided. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-13 Administrator. Balt., Md., Code art. 14, § 7-13 (2026) (a) The Administrator shall have the power to: (1) prepare the Financial Plan for review and approval by the Board; (2) implement the approved Financial Plan and arrange for the collection and disbursement of the Supplemental Tax and all other charges, fees, and revenues of the Authority; (3) establish procedures and processes necessary to perform the functions called for under the Financial Plan; (4) be responsible for the day-to-day operations of the Board and its employees and contractors; (5) exercise the powers granted to the Authority by this subtitle, except that the Board retains final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority; (6) hire and retain such employees, agents, and contractors as are needed to perform its functions for the Authority, provided that all hiring and contracting shall comply with § 7-4 of this subtitle; (7) be the direct agent of the Authority, so that any immunity afforded to the Authority and its officers, employees, and agents, shall be afforded as well to the Administrator; and (8) have further rights, powers, and authority as granted to it by the Board. (c) Any limitations on the powers and authority of the Board shall apply as well to the Administrator in performing the functions charged to the Administrator by this subtitle or by the Board. (d) The initial Administrator of the Authority shall be the Midtown Special Benefits District, Inc., unless otherwise determined by the interim Board. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-14 Oversight by Board of Estimates. Balt., Md., Code art. 14, § 7-14 (2026) (a) With regard to the District and the Authority the Board of Estimates shall have the following powers. (b) The full Board proposed by the Interim Board in accordance with § 7-6 of this subtitle shall be subject to the approval of the Board of Estimates. (c) (1) The Financial Plan and the schedule of rates and charges shall be subject to the approval of the Board of Estimates. (2) The Board of the Authority shall submit the Financial Plan and any supporting materials to the Board of Estimates and the Department of Finance at the time specified by the Board of Estimates and before the proposed effective date of a Financial Plan or Supplemental Tax. (3) In considering a Financial Plan, the Board of Estimates may not exceed or increase the schedule of taxes, rates, and charges proposed in the Financial Plan beyond those proposed by the Authority. (d) The Board of Estimates shall review and approve the initial bylaws of the Authority and any proposed amendments thereto. (e) The Board of Estimates shall be the final arbiter and decision maker regarding the approval and renewal process for the District. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-15 Election approval process. Balt., Md., Code art. 14, § 7-15 (2026) (a) The Board of Estimates, with the assistance of the interim Board, and the Department of Finance shall be responsible for compiling a list of those persons eligible to vote on the establishment of the District and on any question relating to its renewal. (b) Each real property tax parcel is entitled to one vote to be exercised by the owner of that real property tax parcel. (c) (1) A ballot shall be provided to each eligible voter for the approval of the establishment of the District. (2) Each ballot, with a signature of the eligible voter must be returned to the Board of Estimates, care of the Comptroller’s Office. (3) The voting period shall be established by the Board of Estimates and shall be not more than 21 days from the date ballots are provided to eligible voters. (d) (1) At the end of the election period, the Board of Estimates shall determine the aggregate votes cast by the eligible voters. (2) If the Board of Estimates determines that at least 58 percent of the aggregate votes cast in the election approved the establishment of the District, the Board of Estimates shall certify the District and Authority as approved for operation. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-16 4-year reviews. Balt., Md., Code art. 14, § 7-16 (2026) (a) No later than 4 years after the establishment of the District and every 4 years following, the Mayor and City Council shall hold 1 or more public hearings to evaluate the activities and undertakings of the Authority and the District. (b) At the conclusion of the hearings, the Mayor and City Council shall by Ordinance determine whether the District is to continue for another 4 years. (c) This process shall be repeated periodically to satisfy the requirements of City Charter Article II, § (63). *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * #### § 7-17 Dissolution of District. Balt., Md., Code art. 14, § 7-17 (2026) (a) If the District is not approved as provided in § 7-15 {“Election approval process”} of this subtitle or is not renewed as provided in § 7-16 {“4-year reviews”} of this subtitle, the Authority shall cease its operations and the District shall cease to exist at the end of the City’s fiscal year in which the terminating event occurs. (b) The Authority shall continue its existence only as long as necessary to: (1) terminate operations in a reasonable fashion; and (2) arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities. (c) Any unspent funds shall revert back to the City’s general fund. *History: Ord. 95-613* *History: Ord. 99-432* *History: Ord. 15-435* *History: Ord. 04-672* *History: * *History: * *History: * *History: * *History: * ### Subtitle 8 – Waterfront Management District #### § 8-1 Findings. Balt., Md., Code art. 14, § 8-1 (2026) (a) (1) The Inner Harbor of the Patapsco River is the civic, financial, and symbolic heart of Baltimore City. (2) The area fronting on the Inner Harbor (the “Waterfront”) is home to many of Baltimore’s largest employers. (3) The Inner Harbor is the center of tourism for the City and State, attracting over 12 million visitors a year. It was the development of the Inner Harbor that first spawned the creation of a tourism industry in Baltimore, now considered to be the Baltimore area’s seventh largest employer. (4) The Waterfront is an important part of the City’s tax base; the Inner Harbor alone contributed over $60 million in tax revenues to the City in 2005. (5) The Waterfront is the site of some of the region’s largest real estate investments and, as a result of the location and quality of development, many office tenants and residents are relocating here from outside the City. (6) The Waterfront is a critical link to the long term health of the City and region. (b) (1) The Waterfront is undeniably a tremendous asset to the region. Still, to remain competitive as a destination, the Waterfront must be on a par with first-class destinations around the world. (2) A study conducted by the Greater Baltimore Committee in 2005 concluded that “the Inner Harbor suffered from a complete lack of focus and attention to the quality of its facilities, supervision of responsibilities, and maintenance of the integrity of the harbor and its activities”. (3) More specifically, the study focused on two key deficiencies: (i) the lack of a single person, government, or quasi-governmental entity that is charged with the specific oversight of the management and operation of the Harbor; and (ii) the lack of money or the influence to secure the needed manpower and equipment resources necessary to maintain the care and upkeep of the Inner Harbor properly. (4) In 2006, a Task Force recommended that a business improvement or special benefits district be created that would advocate for, participate in, and financially support City and private sector efforts to create and maintain a world-class system of public and private parks, promenades, and open spaces in the Inner Harbor. (5) In order to establish the Waterfront as a world-class destination, additional steps must be taken to create a consistently clean, attractive, easy to navigate, and appealing experience for residents, workers, and visitors along Baltimore’s waterfront area. (c) (1) A special benefit district is a mechanism by which property owners within a defined area can agree to impose additional taxes and charges on themselves in order to provide enhanced and supplemental public services. (2) Critical to the success of a benefit district is the creation of a partnership between the public and private sector, with the public sector committing to maintain services at specified levels and the private sector agreeing to accept new taxes and charges for the purpose of supplementing public services. (3) This kind of a district in Baltimore cannot be successful without the full cooperation of the City, the State of Maryland, and the various private property owners within the district. (d) (1) The City Council has considered the materials presented that reflect the compelling reasons for creation of a special benefits district. (2) The Council has considered the comments and suggestions of property owners, retail merchants, hotel operators and owners, office property tenants, service providers, and neighborhood organizations that represent interests along the Waterfront area. (3) The Council has considered the fact that, while the Waterfront Partnership of Baltimore, Inc., has operated successfully along the waterfront for approximately 18 months and has provided noticeable improvements to the attractiveness of the Waterfront and the overall experience for visitors to the Waterfront, the ability to provide a consistent set of services and to maintain a high quality standard requires a consistent and reliable funding stream. The assessment system for a benefit district provides an uncomplicated, direct and fair funding process. (4) The Council has given consideration to and made the findings required by City Charter Article II, § 63. *History: Ord. 07-417* #### § 8-2 District created; boundaries. Balt., Md., Code art. 14, § 8-2 (2026) (a) (1) There is a community benefits district, to be known as the Waterfront Management District (the “District”), within the following boundaries: (i) Beginning for the same at the point formed by the intersection of the east side of Light Street, varying in width, and the south side of Pratt Street, 65 feet wide, and running thence binding on the south side of said Pratt Street, Easterly 329.1 feet, more or less, to intersect the west side of Calvert Street, varying in width; thence binding on the west side of said Calvert Street, the two following courses and distances; namely, Southerly 11.1 feet, more or less and Southerly by a line curving to the right with a radius of 300.00 feet the distance of 10.6 feet, more or less, to intersect the line of the south side of Pratt Street, 86 feet wide, if projected westerly; thence binding reversely in part on the line of the south side of last said Pratt Street, so projected, in part on the south side of last said Pratt Street, and in all, Easterly 989.5 feet, more or less, to intersect the west side of Pratt Street, 101 feet wide; thence binding on the west side of last said Pratt Street, Southerly 15.0 feet, more or less, to intersect the south side of last said Pratt Street; thence binding on the south side of last said Pratt Street, Easterly 1093.5 feet, more or less, to the south side of Pratt Street, varying in width; thence binding on the south side of last said Pratt Street, the three following courses and distances; namely, Easterly 101.6 feet, more or less, Easterly 40.6 feet, more or less, and Easterly 57.4 feet, more or less, to intersect the southwest side of President Street, varying in width; thence binding on the southwest and west sides of said President Street, the eleven following courses and distances; namely, Southeasterly by a line curving to the right with a radius of 10.00 feet the distance of 15.1 feet, more or less, Southeasterly by a line curving to the left with a radius of 11,478.66 feet the distance of 36.1 feet, more or less, Southeasterly 568.7 feet, more or less, Southeasterly 76.2 feet, more or less, Southeasterly 63.0 feet, more or less, Southeasterly 55.5 feet, more or less, Southeasterly 58.5 feet, more or less, Southerly 57.5 feet, more or less, Southerly 56.0 feet, more or less, Southerly 25.2 feet, more or less, and Southerly 71.9 feet, more or less, to intersect the south side of Fleet Street, 70 feet wide; thence binding on the south side of said Fleet Street, Easterly 969.5 feet, more or less, to intersect the west side of Central Avenue, 100 feet wide; thence binding on the west side of said Central Avenue, Southerly 372.2 feet, more or less, to intersect the south side of Aliceanna Street, 70 feet wide; thence binding on the south side of said Aliceanna Street, Easterly 700.0 feet, more or less, to intersect the west side of Caroline Street, 80 feet wide; thence binding on the west and southwest sides of said Caroline Street, the two following courses and distances; namely, Southerly 721.9 feet, more or less, and Southeasterly 545.2 feet, more or less, to intersect the southeast side of Thames Street, 60 feet wide; thence binding on the southeast side of said Thames Street, the four following courses and distances; namely, Northeasterly 127.8 feet, more or less, Northeasterly 261.2 feet, more or less, Northeasterly 89.3 feet, more or less, Northeasterly 189.9 feet, more or less; thence by a straight line , Southeasterly 649.2 feet, more or less, to intersect the Pierhead and Bulkhead Line of the Northwest Branch of the Patapsco River, there situate; thence binding on the said Pierhead and Bulkhead Line of the Northwest Branch of the Patapsco River, the ten following courses and distances; namely, Southwesterly 687.0 feet, more or less, Southwesterly 487.3 feet, more or less, Northwesterly 532.9 feet, more or less, Northwesterly 402.5 feet, more or less, Northwesterly 1018.7 feet, more or less, Northerly 424.3 feet, more or less, Northwesterly 1119.4 feet, more or less, Northwesterly 851.6 feet, more or less, Southerly 731.5 feet, more or less, and Southeasterly 643.8 feet, more or less, to intersect the line of the east outline of Rash Field, if projected northerly; thence binding reversely in part on the line of the east outline of said Rash Field, so projected in part on the east outline of said Rash Field, and in all, Southerly 382.3 feet, more or less, to intersect the north side of Key Highway, 66 feet wide; thence binding on the north and northeast sides of said Key Highway, the six following courses and distances; namely, Westerly 597.8 feet, more or less, Westerly by a line curving to the right with a radius of 1,138.51 feet the distance of 145.6 feet, more or less, Westerly 131.8 feet, more or less, Westerly by a line curving to the left with a radius of 1,153.330 feet the distance of 7.4 feet, more or less, Westerly 482.8 feet, more or less, and Northwesterly by a line curving to the right with a radius of 84.00 feet the distance of 132.0 feet, more or less, to intersect the east side of Light Street, 159 feet wide; thence binding on the east side of last said Light Street, the three following courses and distances; namely, Northerly 898.4 feet, more or less, Northerly 357.5 feet, more or less, and Northerly 211.4 feet, more or less; thence by a straight line, Northwesterly 172.3 feet, more or less, to intersect the east side of Light Street, mentioned firstly herein, and thence binding on the east side of said Light Street, mentioned firstly herein, Northerly 394.2 feet, more or less, to the place of beginning. Containing 7,884,000.8 square feet, more or less, or 181.0 acres of land, more or less; and (ii) Beginning at the southwest corner of the intersection of southbound South President Street and Eastern Avenue and running east along the south side of Eastern Avenue to the southwest corner of the intersection of Eastern Avenue and South Caroline Street; then running south along the west side of South Caroline Street to the southwest corner of the intersection of South Caroline Street and Aliceanna Street; then running west along the south side of Aliceanna street to the southwest corner of the intersection of Aliceanna Street and South Central Avenue; then running north along the west side of South Central Avenue to the southwest corner of the intersection of South Central Avenue and Fleet Street; then running west along the south side of Fleet Street to the southwest corner of the western most intersection of Fleet Street and southbound South President Street, then north along the west side of the western most section of southbound South President Street to the beginning point at the southwest corner of the intersection of southbound South President Street and Eastern Avenue – comprising City Blocks 1439, 1440, 1441, 1442, 1443, 1804, and 1805 in their entireties; and (iii) Block 1818, as bounded by Lancaster Street to the North, South Bond Street to the east, Thames Street to the south, and South Caroline Street to the west, but limited exclusively to the individual lots 030, 030A, 043D, 044A, 044B, 044C, 044D, 044E, 055, and 057; and (iv) Beginning at the southwest corner of the intersection of South Bond Street and Thames Street and running east along Thames Street to include properties on the north and south side of Thames Street to South Broadway; then running north to include properties facing South Broadway on the east side of South Broadway to Eastern Avenue; and including properties facing Aliceanna Street on the north and south sides of Aliceanna Street between South Broadway and South Bethel Streets; and including properties on the north side and south side facing Fleet Avenue between South Bethel Street and South Broadway; and including properties on the north and south sides facing Eastern Avenue between South Bond Street and South Broadway; and including properties on the north and south sides of Eastern Avenue facing Eastern Avenue between South Broadway and South Register; then running south along South Broadway to Aliceanna Street including all properties facing South Broadway on the east side of South Broadway; and including properties on the west side of South Regester street facing South Regester street between Eastern Avenue and Aliceanna Street; and including properties on the north side and south side facing Fleet Street between South Regester Street and South Broadway; and including properties on the north side of Aliceanna Street between South Broadway and South Regester Street; then running East along Aliceanna Street to South Chester Street including properties on the south side of Aliceanna Street except those properties excluded as shown in the Block Plat map detail attached to Ordinance 17-039; then running south on South Chester Street to the water line of the Harbor; then running generally west following the Harbor to the southwest point of South Broadway Street adjoining to Thames Street facing properties; and including all properties enclosed by these boundaries except those properties excluded as shown in the Block Plat map details attached to Ordinance 17-039. (2) The boundaries of the District are as shown on map dated May 22, 2017, and, in greater detail, on the accompanying Block Plats, as attached to Ordinance 17-039. (b) If boundary descriptions result in a property’s being located in 2 or more community benefit districts, then the property is considered to be contained in the first community benefit district created. *History: Ord. 07-417* *History: Ord. 15-433* *History: Ord. 17-039* #### § 8-3 Authority created. Balt., Md., Code art. 14, § 8-3 (2026) (a) There is a Waterfront Management Authority, referred to in this subtitle as the “Authority”. (b) The purpose of the Authority is to: (1) promote and market the District; (2) provide supplemental security and maintenance services; (3) provide amenities in public areas; (4) provide park and recreational programs and functions; and (5) provide other services and functions as may be requested by the Authority and approved by an ordinance of the Mayor and City Council. *History: Ord. 07-417* #### § 8-4 Powers and functions of Authority. Balt., Md., Code art. 14, § 8-4 (2026) (a) To the greatest extent allowable by law, the Authority is and shall be deemed to be a special taxing district and, therefore, a governmental body, both politic and corporate, exercising only those powers as are provided for in this subtitle. (b) (1) The Authority may acquire, hold, and use both real and personal property as necessary to achieve its purposes, including acquisition by purchase, lease, or other means. (2) The Authority may engage the services of an administrator (the “Administrator”), who may be an individual or an entity, to administer the programs and undertakings of the Authority. (3) The Authority may sue and be sued. However, the District, the Authority, its Board of Directors, and its Administrator shall benefit, to the fullest extent allowable by law, from all provisions of federal, state, and local law limiting the liability of employees, officers, agents, and officials of governmental bodies. (4) The Authority may accept grants. (5) The Authority may borrow funds for purposes consistent with the public purposes of the Authority. However, no borrowing may be for a term beyond the date for the District’s renewal under § 8-16 of this subtitle; (6) The Authority shall adopt an annual budget and impose, charge, and collect the taxes or charges on benefitted properties within the District, as authorized by City Charter Article II, § (63) and this subtitle. (7) The Authority may create and enter into partnerships between it and various property owners. These partnerships may provide for the provision of permitted services and benefits by the Authority in exchange for payments arranged by contract, donation, gift, services in kind, or other mechanism by which funds or benefits are provided to the Authority. (8) The Authority may establish and elect officers not already provided for in this subtitle and provide for their terms and duties. (9) The Authority may contract for and purchase goods and services, without having to comply with City requirements governing wage scales, competitive bidding, or other procurement matters. However, the Authority nonetheless shall be subject to applicable ordinances regarding City policy on encouraging and achieving goals for participation of minority and women’s business enterprises in the contracting activities. (10) Subject to the approval of the Board of Estimates, the Authority may adopt, amend, and modify bylaws, consistent with City Charter Article II, § (63) and this subtitle. (11) The Authority may implement its programs and goals directly through its employees or through 1 or more contracts. These contracts may be with independent contractors or contractual employees. (12) The Authority may assist in the leasing, marketing, and promotional activities within the District, to the extent those activities are approved by the governing Board of the Authority. (13) The Authority may appoint, hire, or engage auditors, accountants, attorneys, assistants, aides, employees, and advisors as it considers necessary for the proper performance of its duties, but consistent with this subtitle. (14) The Authority may do all other things necessary or convenient to carry out its goals, objectives, and powers. *History: Ord. 07-417* #### § 8-5 Limitations on Authority. Balt., Md., Code art. 14, § 8-5 (2026) (a) (1) The Authority is not and may not be deemed to be an agency of the Mayor and City of Baltimore or of the State of Maryland. (2) The officers and employees of the Authority are not and may not act as agents or employees of the Mayor and City of Baltimore or the State of Maryland. (b) (1) The Authority may not exercise any police or general powers other than those authorized by State law and City ordinance. (2) The Authority may not pledge the full faith or credit of the City. (3) The Authority may not levy any taxes against properties that are exempt under State law from ordinary property taxes. (4) The Authority may not impose any taxes or charges in excess of those approved by the Board of Estimates. (5) The Authority may not exercise the power of eminent domain. (6) The Authority may not extend its life without the approval of the City Council. (7) Except as otherwise provided by law, the Authority may not engage in competition with the private sector. (8) Except as otherwise provided in § 8-17 of this subtitle, the Authority may not revert charges or taxes collected under this subtitle to the General Fund of the City. (9) The Authority may not employ individuals who reside outside of the City. (10) Except as required or appropriate to facilitate its normal operations, The Authority may not incur debt. (11) The Authority may not exercise any power specifically withheld by the terms of either this subtitle or, if more restrictive, City Charter Article II, § (63). (c) The powers of the Authority shall be broadly interpreted to allow the Authority to achieve the goals of City Charter Article II, § (63), including the provision of supplementary security and maintenance services, the promotion and marketing of the District, and the provision of amenities in public areas. *History: Ord. 07-417* #### § 8-6 Board of Directors. Balt., Md., Code art. 14, § 8-6 (2026) (a) The Authority shall be governed by and administered through a Board of Directors (the “Board”). (b) (1) The number of voting members of the full Board may not be less than 13, excluding vacancies, nor more than 25. (2) The Board has full authority to increase or decrease its membership, within the limits specified in this subsection. (c) (1) Of the voting members of the Board: (i) 1 shall be appointed by the Mayor; (ii) 1 shall be a Councilmember appointed by the President of the City Council; and (iii) at least 3 shall be representatives selected from among various businesses, organizations, and residents in the District. (2) At all times, at least ⅔ of the Board must be representatives of property owners subject to the tax imposed by this subtitle. These must be so designated by the Board and entered into the minutes of the Authority. (3) Consistent with the encouragement of partnerships between the Authority and property owners exempt from the tax imposed by this subtitle, the Board is encouraged to consider representation of those partners on the Board. (d) The terms of the members are staggered as required by the terms of the members first appointed. (e) All powers of the Authority are exercised by and through the Board, unless delegated by the Board to 1 or more officers of the Board or to the Administrator. (f) (1) The Board may adopt bylaws, rules, and regulations as it considers necessary to carry out the powers of the Authority. However, these bylaws, rules, and regulations may not be inconsistent with the terms of this subtitle or of City Charter Article II, § (63). (2) All bylaws are subject to the approval of the Board of Estimates. (3) The Board may establish its own procedures relating to the internal administration of the Authority, except as may be restricted by City Charter Article II, § (63) or this subtitle. (g) (1) The Board shall select from among its members individuals to serve as the chair, vice-chair, treasurer, and secretary of the Authority. (2) These officers serve at the pleasure of the Board. (3) The Board may delegate to these officers those responsibilities that the Board considers appropriate. *History: Ord. 07-417* *History: Ord. 15-433* #### § 8-7 Annual Financial Plan. Balt., Md., Code art. 14, § 8-7 (2026) (a) The Board shall adopt an annual financial plan (the “Financial Plan”), based on the City’s fiscal year, consisting of at least a budget and a proposed schedule of taxes or charges to be imposed throughout the District. (b) Before adopting the Financial Plan, the Board shall arrange for a public hearing on the proposed Plan. Notice of the hearing must be published in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks. (c) The Authority may not approve a Financial Plan that includes taxes or charges in excess of those approved by the Board of Estimates. *History: Ord. 07-417* #### § 8-8 Supplemental Tax. Balt., Md., Code art. 14, § 8-8 (2026) (a) (1) The Board of Estimates shall obtain from the Director of Finance the “assessable base” of the District, which shall constitute a listing by property and a calculation of the sum of assessments on properties subject to the Supplemental Tax. (2) Properties subject to the tax shall include all properties within the District except: (i) residential units in a condominium building, whether or not the units are owner-occupied; (ii) all other buildings used exclusively for residential purposes, other than a building that contains 4 or more residential rental units; (iii) properties containing 4 or fewer residential units, with a non-residential use on the ground or first level only, if the property owner can document, in the manner approved by the Board of Estimates, that the owner: (A) operates the non-residential use; and (B) occupies a residential portion of the property as their primary residence; and (iv) properties otherwise exempt under: (A) this subtitle; (B) City Charter Article II, § (63); or (C) any other applicable law. (3) The Board of Estimates shall determine with finality the assessable base on which the Supplemental Tax will be based. (b) (1) Funding for Authority operations shall be provided by a supplemental property tax (the “Supplemental Tax”) on the assessable base of the District as determined under subsection (a) of this section. (2) The Supplemental Tax shall be assessed and collected in conjunction with the property taxes assessed and collected by the City (the “Regular Tax”), unless otherwise established by the Board of Estimates. (3) Except as otherwise provided in this subtitle: (i) the Supplemental Tax shall be enforced in the same way as the Regular Tax is enforced; (ii) all provisions that apply to assessments, refunds, collections, and enforcement of the Regular Tax apply to the Supplemental Tax; and (iii) credits that apply to the Regular Tax do not apply to the Supplemental Tax unless otherwise specifically provided by Ordinance. (c) The Supplemental Tax rate shall be determined as follows: (1) Any increase in the rate of the Supplemental Tax must be approved by a majority of the Board’s voting members. (2) For the first full budget year, the rate of the Supplemental Tax shall be set to raise revenues equal to the costs of the Financial Plan. (3) For any year after the first full budget year, the rate of the Supplemental Tax may be adjusted to yield revenues equal to the costs of the Financial Plan. That rate, however, may not be increased by more than 10% a year unless the increase is approved by 80% or more of the property-owner representatives on the Board. (d) Exempt from the Supplemental Tax are the poles, conduits, tunnels, pipe lines, manholes, and other similar surface or subsurface structures, including their equipment, owned and controlled by a public service corporation, located on, over, or under streets, alleys, or other public ways or lands, the construction of which is authorized by the City, and the installation of which is regulated and supervised by the Department of Transportation. *History: Ord. 07-417* *History: Ord. 09-132* *History: Ord. 15-435* *History: Ord. 17-039* *History: Ord. 18-143* #### § 8-9 Other charges. Balt., Md., Code art. 14, § 8-9 (2026) (a) (1) Properties that are subject to the Supplemental Tax are not required to pay any other charges or fees for services generally provided within the District by the Authority. (2) However, the Authority may impose charges and fees for any special services requested by and performed for 1 or more property owners. (b) With the approval of the Board of Estimates, the Board may establish other fees and charges for specific services performed: (1) within the District; (2) within areas adjoining the District; (3) for properties and owners not subject to the Supplemental Tax; and (4) in conjunction with partnerships encouraged by this subtitle. *History: Ord. 07-417* #### § 8-10 Baseline City services. Balt., Md., Code art. 14, § 8-10 (2026) (a) Before imposing and collecting the Supplemental Tax, the Authority shall enter into a memorandum of understanding with the Mayor regarding the level of services to be maintained by the City as the City’s partnership obligation to the Authority and the District’s taxpayers. (b) This memorandum of understanding shall: (1) describe the existing levels of service within the District; (2) commit the City to the maintenance of those levels of service; and (3) outline the further undertakings of the City in response to the initiative represented by the creation of the District (the “Baseline Plus”). (c) The maintenance of existing services shall be governed by 2 principles: (1) Those services may not be decreased except: (i) as part of an overall decrease in services necessitated by changes in funding, policy, or resources; and (ii) only in proportion to the decreases implemented elsewhere in the City. (2) Any increase in services generally throughout the City shall be matched with increases in those services within the District, in proportion to the increases implemented elsewhere in the City. *History: Ord. 07-417* #### § 8-11 Partnerships. Balt., Md., Code art. 14, § 8-11 (2026) (a) The Authority is authorized and encouraged to enter into partnerships with the property owners and users within the District and adjoining areas that are not subject to the Supplemental Tax (“Exempt Partners”) (including the Friends of Federal Hill Inc.) for the purpose of furthering the broad objectives of improving and enhancing public services throughout the District and in adjoining areas. (b) In furtherance of that objective, the Authority may: (1) contract to provide varying levels of services to areas adjoining the District; (2) agree to accept donations, contributions, and voluntary payments of any kind from Exempt Partners (collectively, “Voluntary Payments”), with or without agreements regarding specific services and functions; (3) enter into agreements with Exempt Partners to include property owned by those Exempt Partners within the District in return for Voluntary Payments or commitments regarding the provision of similar services and functions within properties owned by Exempt Partners; and (4) establish rates and charges for the provision of services to Exempt Partners. *History: Ord. 07-417* #### § 8-12 Collection and disbursement. Balt., Md., Code art. 14, § 8-12 (2026) (a) The Authority shall establish with the appropriate City agencies the methods by which the Supplemental Tax is to be assessed, collected, and disbursed to the Authority. (b) Amounts collected by the City on behalf of the Authority: (1) may not be included in the revenues of the City; (2) are not and may not be deemed to be subject to the budgetary and appropriation process; and (3) shall be disbursed promptly on collection. (c) As part of the City’s contribution to the District, the collection, assessment, disbursement, record-keeping, and enforcement involved in the process may not be a charge to or against the Authority or the District, but shall be an element of the Baseline Plus. (d) (1) The Department of Finance may collect the Supplemental Tax and other charges as are approved by the Board of Estimates. (2) The assessment for the Supplemental Tax may be included with the annual real property tax bill submitted to the owners of properties within the District. (3) The Department of Finance shall make regular remittances of the amounts collected to the Board of the Authority. (e) The penalties and interest applicable to delinquent taxes shall be applied to delinquencies in payment of the Supplemental Tax. (f) (1) The amount of any outstanding assessment on any property and of accrued interest and other charges constitutes a lien on the property. (2) This lien: (i) takes precedence over all other liens, whether created before or after the assessment, commensurate with a lien for state and county taxes, general municipal taxes, and prior improvement assessments; and (ii) may not be defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. (3) No error in the proceedings of the City or the Board exempts any property from the lien, from its payment, or from the penalties or interest on it. *History: Ord. 07-417* #### § 8-13 Administrator. Balt., Md., Code art. 14, § 8-13 (2026) (a) The Administrator is responsible for the day-to-day operations of the Board and its employees and contractors. (b) The Administrator may: (1) prepare the Financial Plan for review and approval by the Board; (2) implement the approved Financial Plan and arrange for the collection and disbursement of the Supplemental Tax and all other charges, fees, and revenues of the Authority; (3) establish procedures and processes necessary to perform the functions called for under the Financial Plan and the budget; (4) hire and retain employees, agents, and contractors as needed to perform the Administrator’s functions for the Authority, subject to § 8-4(b)(9) of this subtitle; (5) exercise the powers granted to the Authority by this subtitle, except that the Board retains final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority; and (6) exercise the additional rights, powers, and authority granted to the Administrator by the Board. (c) The Administrator is the direct agent of the Authority, so that any immunity afforded to the Authority and its officers, employees, and agents, is afforded as well to the Administrator. *History: Ord. 07-417* #### § 8-14 Oversight by Board of Estimates. Balt., Md., Code art. 14, § 8-14 (2026) (a) The Board of Estimates has the following powers with regard to the District and the Authority. (b) (1) The Financial Plan and the schedule of rates and charges are subject to the approval of the Board of Estimates. (2) The Board of the Authority shall submit all materials at least 2 months before the proposed effective date of a budget or Supplemental Tax. (3) In considering a proposed budget and schedule of taxes and charges, the Board of Estimates may not exceed or increase either the budget or the schedule of taxes, rates, and charges beyond those proposed by the Authority. (c) The Board of Estimates must approve the bylaws of the Authority and any proposed amendments to it. (d) The Board of Estimates is the final arbiter and decision maker regarding the approval and renewal process for the District. *History: Ord. 07-417* #### § 8-15 Election approval process. Balt., Md., Code art. 14, § 8-15 (2026) (a) The Board of Estimates, with the assistance of the Board and the Department of Finance, shall compile a list of those persons eligible to vote on the establishment of the District and on any question relating to its renewal. (b) (1) Persons eligible to vote are the owners of property subject to tax under § 8-8 of this subtitle. (2) No more than 1 vote may be cast for each tax parcel. (c) (1) A ballot shall be provided to each eligible voter for the approval of the establishment of the District. (2) Each ballot, with a certified signature of the eligible voter or duly authorized representative, must be returned to the Board of Estimates, c/o the Comptroller’s Office, within 30 days of the date specified on the ballot. (d) (1) Within 20 days of the end of the election period, the Board of Estimates shall determine the aggregate votes cast by the eligible voters. (2) If the Board of Estimates determines that at least 58% of the aggregate votes cast approved the establishment of the District, the Board of Estimates shall certify the District and Authority as approved for operation. *History: Ord. 07-417* #### § 8-16 4-year reviews. Balt., Md., Code art. 14, § 8-16 (2026) (a) No later than 4 years after the establishment of the District, and every 4 years following, the Mayor and City Council shall hold 1 or more public hearings to evaluate the activities and undertakings of the Authority and the District. (b) At the conclusion of the hearings, the Mayor and City Council shall determine whether the District is to continue for another 4 years. (c) This process shall be repeated periodically to satisfy the requirements of City Charter Article II, § (63) . *History: Ord. 07-417* #### § 8-17 Dissolution of District. Balt., Md., Code art. 14, § 8-17 (2026) (a) If the District is not approved as provided in § 8-15 of this subtitle, or is not renewed as provided in § 8-16 of this subtitle, the Authority shall cease its operations, and the District shall cease to exist, at the end of the City’s fiscal year in which the terminating event occurs. (b) The Authority shall continue its existence only as long as necessary to: (1) terminate operations in a reasonable fashion; and (2) arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities. (c) Any unspent funds revert to the City’s general fund. *History: Ord. 07-417* ### Subtitle 9 – York Corridor Business Improvement District #### § 9-1 Findings. Balt., Md., Code art. 14, § 9-1 (2026) (a) (1) The York Road Corridor is a 2-mile long strip of commercial development that serves as a linear collection of at least 3 principal nodes focused on major crossroads intersections (Belvedere Avenue, Woodbourne Avenue, Cold Spring Lane), which serve the local commercial/retail needs of their adjoining neighborhoods to the east and west. (2) In many ways the York Road market area is now split by the road itself. To the west are very affluent residential neighborhoods with high residential values. To the east are more modest neighborhoods with lower residential values, homeownership rates, and household incomes. (3) The York Road Corridor can and does serve as a meeting ground for all adjoining neighborhoods and commercial uses that can achieve their highest potential when they appeal to all consumer households. (b) (1) The York Road Corridor and Vision Action Plan of 2015 identified a variety of needs and opportunities facing the York Road Corridor. (2) According to the Plan: (i) Household spending within the York Road Market Area is estimated at $265.9 million annually, and spending on food and drink is estimated at $29.9 million. These estimates do not include spending by the area’s sizeable student population. It is also estimated that the Area presently captures only 29.8% of that total spending, with the remaining spending going to businesses elsewhere. This disposable income in the local corridor marketplace would be captured within York Road with an expanded mix of appropriate businesses and services to meet the on-going needs of the local community. (ii) Given its largely built-out nature, the York Road Corridor operates within multiple constraints as regards to the attraction of new commercial/retail development opportunities. In particular, land parcels along York Road are typically small, shallow, and in multiple ownership; arduous assemblage of parcels is typically required to accommodate the needs of many retailers. There are few larger (2+ acre) parcels along York Road, and none are vacant land. Over time the York Road Corridor will manage its real estate resources in such a way that uses along York Road will better serve the Market Area population, by attracting retailers who will serve unmet demand and by upgrading underutilized properties. (3) Recommendation of the Plan: Establishment of a York Road Business Improvement District (BID) is recommended as the management entity for the Corridor. In order to advance and ultimately achieve its full potential, the Corridor will profit from active management – a group specifically tasked to supervise day-to-day operations (e.g., sanitation, safety/security), but also tasked with longer-term, strategic efforts such as working with existing businesses to help them succeed, improving the business mix to grow sales, marketing the corridor to new businesses, and capturing real estate development opportunities as they occur. The BID structure (as codified in State of Maryland and Baltimore City authorizing legislation) is focused on commercial issues, deriving its revenues principally from a mandatory assessment on commercial property owners, thus dedicating its attention to improving the Corridor’s business environment. The BID will also derive operating revenues from fee-for-service arrangements and grants from City government, foundations, etc., to provide various services that are better delivered locally. (c) In adopting this Ordinance, the City Council has: (1) considered the views of the property owners, the retail merchants, the property tenants, and the other members of the business and residential communities within the York Corridor Business Improvement District. (2) made a determination that the York Corridor Business Improvement District will reflect: (i) a diverse mix of business properties; and (ii) a diverse economic, social, and racial mix *History: Ord. 19-249* #### § 9-2 District established. Balt., Md., Code art. 14, § 9-2 (2026) (a) There is a business improvement district, to be known as the York Road {Corridor} Business Improvement District (the “District”). (b) The boundaries of the District are as shown on {the Map appended to Ordinance 19-249, titled “Proposed York Road BID”}. *History: Ord. 19-249* #### § 9-3 Authority created. Balt., Md., Code art. 14, § 9-3 (2026) (a) There is a York Corridor Business Improvement District Management Authority, referred to in this subtitle as the “Authority”. (b) The purpose of the Authority is to: (1) promote and market the District; (2) provide supplemental security and maintenance services; (3) provide amenities in public areas; and (4) provide other services and functions as may be requested by the Authority and approved by an ordinance of the Mayor and City Council. *History: Ord. 19-249* #### § 9-4 Powers and functions of Authority. Balt., Md., Code art. 14, § 9-4 (2026) (a) To the greatest extent allowable by law, the Authority is and shall be deemed to be a special tax district, exercising only those powers as are provided for in this subtitle. (b) (1) The Authority may acquire, hold, and use property as necessary to achieve its purposes. (2) The Authority may engage the services of an administrator (the “Administrator”), who may be an individual or an entity, to administer the programs and undertakings of the Authority. (3) The Authority may sue and be sued. However, the District, the Authority, its Board of Directors, and its Administrator shall benefit, to the fullest extent allowable by law, from all provisions of federal, state, and local law limiting the liability of employees, officers, agents, and officials of governmental bodies. (4) The Authority may accept grants. (5) The Authority may borrow funds for purposes consistent with the public purposes of the Authority. However, no borrowing may be for a term beyond the date for the District’s renewal under § 9-16 {“4-year reviews”} of this subtitle; (6) The Authority shall adopt an annual budget and shall propose, charge, and collect the taxes or charges on benefitted properties within the District, as authorized by City Charter Article II, § (63) and this subtitle. (7) The Authority may create and enter into partnerships between it and various property owners. These partnerships may provide for the provision of permitted services and benefits by the Authority in exchange for payments arranged by contract, donation, gift, services in kind, or other mechanism by which funds or benefits are provided to the Authority. (8) The Authority may establish and elect officers not already provided for in this subtitle and provide for their terms and duties. (9) The Authority may contract for and purchase goods and services, without having to comply with City requirements governing wage scales, competitive bidding, or other procurement matters. However, the Authority nonetheless shall be subject to applicable ordinances regarding City policy on encouraging and achieving goals for participation of minority and women’s business enterprises in the contracting activities. (10) Subject to the approval of the Board of Estimates, the Authority may adopt, amend, and modify bylaws, consistent with City Charter Article II, § (63) and this subtitle. (11) The Authority may implement its programs and goals directly through its employees or through 1 or more contracts. These contracts may be with independent contractors or contractual employees. (12) The Authority may assist in the leasing, marketing, and promotional activities within the District, to the extent those activities are approved by the governing Board of the Authority. (13) The Authority may appoint, hire, or engage auditors, accountants, attorneys, assistants, aides, employees, and advisors as it considers necessary for the proper performance of its duties, but consistent with this subtitle. (14) The Authority may do all other things necessary or convenient to carry out its goals, objectives, and powers. *History: Ord. 19-249* *History: * #### § 9-5 Limitations on Authority. Balt., Md., Code art. 14, § 9-5 (2026) (a) (1) The Authority is not and may not be deemed to be an agency of the Mayor and City of Baltimore or of the State of Maryland. (2) The officers and employees of the Authority are not and may not act as agents or employees of the Mayor and City of Baltimore or the State of Maryland. (b) (1) The Authority may not exercise any police or general powers other than those authorized by State law and City ordinance. (2) The Authority may not pledge the full faith or credit of the City. (3) The Authority may not impose taxes against properties that are exempt under State law from ordinary property taxes. (4) The Authority may not impose any taxes or charges in excess of those approved by the Board of Estimates. (5) The Authority may not exercise the power of eminent domain. (6) The Authority may not extend its life without the approval of the City Council. (7) Except as otherwise provided by law, the Authority may not engage in competition with the private sector. (8) Except as otherwise provided in § 9-17 {“Dissolution of District”} of this subtitle, the Authority may not revert charges or taxes collected under this subtitle to the General Fund of the City. (9) The Authority may not employ individuals who reside outside of the City. (10) Except as required or appropriate to facilitate its normal operations, the Authority may not incur debt. (11) The Authority may not exercise any power specifically withheld by the terms of either this subtitle or, if more restrictive, City Charter Article II, § (63). (c) The powers of the Authority shall be broadly interpreted to allow the Authority to achieve the goals of City Charter Article II, § (63), including the provision of supplementary security and maintenance services, the promotion and marketing of the District, and the provision of amenities in public areas. *History: Ord. 19-249* *History: * #### § 9-6 Board of Directors. Balt., Md., Code art. 14, § 9-6 (2026) (a) The Authority shall be governed by and administered through a Board of Directors (the “Board”). (b) (1) The number of voting members of the full Board must be not less than 9, excluding vacancies, and no more than 15. (2) The Board has full authority to increase or decrease its membership, within the limits specified in this subsection. (c) (1) Of the voting members of the Board: (i) 1 shall be the Councilmember for the district; (ii) 1 shall represent a not-for-profit institution with significant property holdings along the York Road corridor; (iii) 1 shall be a community representative, appointed by the York Road Partnership or its successor organization; (iv) 2 shall be commercial property owners or tenant merchants of the northern segment of the York Road Corridor, defined as the area of the District south of Northern Parkway and north of Benninghaus Road; (v) 2 shall be commercial property owners or tenant merchants of the central segment of the York Road Corridor, defined as the area of the District south of Benninghaus Road and north of Notre Dame Lane; and (vi) Two shall be commercial property owners or tenant merchants of the southern segment of the York Road Corridor, defined as the area of the District south of Notre Dame Lane and north of 43rd Street. (2) At all times, a majority of the Board must be representatives of property owners subject to the tax imposed by this subtitle and must be so designated by the Board. (d) The terms of the members are staggered, as required by the terms of the members first appointed. (e) All powers of the Authority are exercised by and through the Board, unless delegated by the Board to 1 or more officers of the Board or to the Administrator. (f) (1) The Board may adopt bylaws as it considers necessary to carry out the powers of the Authority. However, these bylaws may not be inconsistent with the terms of this subtitle or of City Charter Article II, § (63). (2) All bylaws are subject to the approval of the Board of Estimates. (3) The Board may establish its own procedures relating to the internal administration of the Authority, except as may be restricted by City Charter Article II, § (63) or this subtitle. (g) (1) The Board shall select from among its members individuals to serve as the chair, vice-chair, treasurer, and secretary of the Authority. (2) These officers serve at the pleasure of the Board. (3) The Board may delegate to these officers those responsibilities that the Board considers appropriate. (h) The Board may rename the District and the Authority by a simple majority vote of its members. *History: Ord. 19-249* *History: * #### § 9-7 Annual Financial Plan. Balt., Md., Code art. 14, § 9-7 (2026) (a) The Board shall adopt an annual financial plan (the “Financial Plan”), based on the City’s fiscal year, consisting of at least a budget and a proposed schedule of taxes or charges to be imposed throughout the District. (b) Before adopting the Financial Plan, the Board shall arrange for a public hearing on the proposed Plan. Notice of the hearing must be published in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks. (c) The Authority may not approve a Financial Plan that includes taxes or charges in excess of those approved by the Board of Estimates. *History: Ord. 19-249* #### § 9-8 Supplemental Tax. Balt., Md., Code art. 14, § 9-8 (2026) (a) (1) The Board of Estimates shall obtain from the Director of Finance the “assessable base” of the District, which shall constitute a listing by property and a calculation of the sum of assessments on properties subject to the Supplemental Tax. (2) Properties subject to the tax shall include all properties within the District except: (i) residential units in a condominium building, whether or not the units are owner-occupied; and (ii) all other buildings used for residential purposes, other than a building that contains 4 or more rental units; and (iii) subject to proration, all other buildings or portions of buildings used exclusively for the consumption and enjoyment of arts and culture; and (iv) properties exempt under: (A) this subtitle; (B) City Charter Article II, § (63); or (C) any other applicable law. (3) The Board of Estimates shall determine with finality the assessable base on which the Supplemental Tax will be based. (b) (1) Funding for Authority operations shall be provided by a supplemental property tax (the “Supplemental Tax”) on the assessable base of the District as determined under subsection (a) of this section. (2) The Supplemental Tax shall be assessed and collected in conjunction with the property taxes assessed and collected by the City (the “Regular Tax”), unless otherwise established by the Board of Estimates. (3) Except as otherwise provided in this subtitle: (i) the Supplemental Tax shall be enforced in the same way as the Regular Tax is enforced; and (ii) all provisions that apply to assessments, refunds, credits, collections, and enforcement of the Regular Tax apply to the Supplemental Tax. (c) The Supplemental Tax rate shall be determined as follows: (1) Any increase in the rate of the Supplemental Tax must be approved by a majority of the Board’s voting members. (2) For the first full budget year, the rate of the Supplemental Tax shall be set to raise revenues equal to the costs of the Financial Plan. (3) For any year after the first full budget year, the rate of the Supplemental Tax may be adjusted to yield revenues equal to the costs of the Financial Plan. That rate, however, may not be increased by more than 5% a year unless the increase is approved by 80% or more of the property-owner representatives on the Board. (d) Exempt from the Supplemental Tax are the poles, conduits, tunnels, pipe lines, manholes, and other similar surface or subsurface structures, including their equipment, owned and controlled by a public service corporation, located on, over, or under streets, alleys, or other public ways or lands, the construction of which is authorized by the City, and the installation of which is regulated and supervised by the Director of Public Works or the Director’s designee or the Director of the Department of Transportation or the Director’s designee. *History: Ord. 19-249* #### § 9-9 Other charges. Balt., Md., Code art. 14, § 9-9 (2026) (a) (1) Properties that are subject to the Supplemental Tax are not required to pay any other charges or fees for services generally provided within the District by the Authority. (2) However, the Authority may impose charges and fees for any special services requested by and performed for 1 or more property owners. (b) With the approval of the Board of Estimates, the Board may establish other fees and charges for specific services performed: (1) within the District; (2) within areas adjoining the District; (3) for properties and owners not subject to the Supplemental Tax; and (4) in conjunction with partnerships encouraged by this subtitle. *History: Ord. 19-249* #### § 9-10 Baseline City services. Balt., Md., Code art. 14, § 9-10 (2026) (a) Before imposing and collecting the Supplemental Tax, the Authority shall enter into a memorandum of understanding with the Mayor regarding the level of services to be maintained by the City as the City’s partnership obligation to the Authority and the District’s taxpayers. (b) This memorandum of understanding shall: (1) describe the existing levels of service within the District; (2) commit the City to the maintenance of those levels of service; and (3) outline the further undertakings of the City in response to the initiative represented by the creation of the District (the “Baseline Plus”). (c) The maintenance of existing services shall be governed by 2 principles: (1) Those services may not be decreased except: (i) as part of an overall decrease in services necessitated by changes in funding, policy, or resources; and (ii) only in proportion to the decreases implemented elsewhere in the City. (2) Any increase in services generally throughout the City shall be matched with increases in those services within the District, in proportion to the increases implemented elsewhere in the City. *History: Ord. 19-249* #### § 9-11 Partnerships. Balt., Md., Code art. 14, § 9-11 (2026) (a) The Authority is authorized and encouraged to enter into partnerships with the property owners and users within the District and adjoining areas that are not subject to the Supplemental Tax (“Exempt Partners”) for the purpose of furthering the broad objectives of improving and enhancing public services throughout the District and in adjoining areas. (b) In furtherance of that objective, the Authority may: (1) contract to provide varying levels of services to areas adjoining the District; (2) agree to accept donations, contributions, and voluntary payments of any kind from Exempt Partners (collectively, “Voluntary Payments”), with or without agreements regarding specific services and functions; (3) enter into agreements with Exempt Partners to include property owned by those Exempt Partners within the District in return for Voluntary Payments or commitments regarding the provision of similar services and functions within properties owned by Exempt Partners; and (4) establish rates and charges for the provision of services to Exempt Partners. *History: Ord. 19-249* #### § 9-12 Collection and disbursement. Balt., Md., Code art. 14, § 9-12 (2026) (a) The Authority shall establish with the appropriate City agencies the methods by which the Supplemental Tax is to be assessed, collected, and disbursed to the Authority. (b) Amounts collected by the City on behalf of the Authority: (1) may not be included in the revenues of the City; (2) are not and may not be deemed to be subject to the budgetary and appropriation process; and (3) shall be disbursed promptly on collection. (c) As part of the City’s contribution to the District, the collection, assessment, disbursement, record-keeping, and enforcement involved in the process may not be a charge to or against the Authority or the District, but shall be an element of the Baseline Plus. (d) (1) The Department of Finance may collect the Supplemental Tax and other charges as are approved by the Board of Estimates. (2) The assessment for the Supplemental Tax may be included with the annual real property tax bill submitted to the owners of properties within the District. (3) The Department of Finance shall make regular remittances of the amounts collected to the Board of the Authority. (e) The penalties and interest applicable to delinquent taxes shall be applied to delinquencies in payment of the Supplemental Tax. (f) (1) The amount of any outstanding assessment on any property and of accrued interest and other charges constitutes a lien on the property. (2) This lien: (i) takes precedence over all other liens, whether created before or after the assessment, commensurate with a lien for state and county taxes, general municipal taxes, and prior improvement assessments; and (ii) may not be defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. (3) No error in the proceedings of the City or the Board exempts any property from the lien, from its payment, or from the penalties or interest on it. *History: Ord. 19-249* #### § 9-13 Administrator. Balt., Md., Code art. 14, § 9-13 (2026) (a) The Administrator is responsible for the day-to-day operations of the Board and its employees and contractors. (b) The Administrator may: (1) prepare the Financial Plan for review and approval by the Board; (2) implement the approved Financial Plan and arrange for the collection and disbursement of the Supplemental Tax and all other charges, fees, and revenues of the Authority; (3) establish procedures and processes necessary to perform the functions called for under the Financial Plan and the budget; (4) hire and retain employees, agents, and contractors as needed to perform the Administrator’s functions for the Authority, subject to § 9-4(b)(9) of this subtitle; (5) exercise the powers granted to the Authority by this subtitle, except that the Board retains final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority; and (6) exercise the additional rights, powers, and authority granted to the Administrator by the Board. (c) The Administrator is the direct agent of the Authority, so that any immunity afforded to the Authority and its officers, employees, and agents, is afforded as well to the Administrator. *History: Ord. 19-249* #### § 9-14 Oversight by Board of Estimates. Balt., Md., Code art. 14, § 9-14 (2026) (a) The Board of Estimates has the following powers with regard to the District and the Authority. (b) (1) The Financial Plan and the schedule of rates and charges are subject to the approval of the Board of Estimates. (2) The Board of the Authority shall submit all materials at least 2 months before the proposed effective date of a budget or Supplemental Tax. (3) In considering a proposed budget and schedule of taxes and charges, the Board of Estimates may not exceed or increase either the budget or the schedule of taxes, rates, and charges beyond those proposed by the Authority. (c) The Board of Estimates must approve the bylaws of the Authority and any proposed amendments to it. (d) The Board of Estimates is the final arbiter and decision maker regarding the approval and renewal process for the District. *History: Ord. 19-249* #### § 9-15 Election approval process. Balt., Md., Code art. 14, § 9-15 (2026) (a) The Board of Estimates, with the assistance of the Board and the Department of Finance, shall compile a list of those persons eligible to vote on the establishment of the District and on any question relating to its renewal. (b) (1) Persons eligible to vote are the owners of property subject to tax under § 9-8 {“Supplemental Tax”} of this subtitle. (2) No more than 1 vote may be cast for each tax parcel. (c) (1) A ballot shall be provided to each eligible voter for the approval of the establishment of the District. (2) Each ballot, with a certified signature of the eligible voter or duly authorized representative, must be returned to the Board of Estimates, c/o the Comptroller’s Office, within 30 days of the date specified on the ballot. (d) (1) Within 20 days of the end of the election period, the Board of Estimates shall determine the aggregate votes cast by the eligible voters. (2) If the Board of Estimates determines that at least 58% of the aggregate votes cast approved the establishment of the District, the Board of Estimates shall certify the District and Authority as approved for operation. *History: Ord. 19-249* #### § 9-16 4-year reviews. Balt., Md., Code art. 14, § 9-16 (2026) (a) No later than 4 years after the establishment of the District, and every 4 years following, the Mayor and City Council shall hold 1 or more public hearings to evaluate the activities and undertakings of the Authority and the District. (b) At the conclusion of the hearings, the Mayor and City Council shall determine whether the District is to continue for another 4 years. (c) This process shall be repeated periodically to satisfy the requirements of City Charter Article II, § (63). *History: Ord. 19-249* #### § 9-17 Dissolution of District. Balt., Md., Code art. 14, § 9-17 (2026) (a) If the District is not approved as provided in § 9-15 {“Election approval process”} of this subtitle, or is not renewed as provided in § 9-16 {“4-year reviews”} of this subtitle, the Authority shall cease its operations, and the District shall cease to exist, at the end of the City’s fiscal year in which the terminating event occurs. (b) The Authority shall continue its existence only as long as necessary to: (1) terminate operations in a reasonable fashion; and (2) arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities. (c) Any unspent funds revert to the City’s general fund. *History: Ord. 19-249* ### Subtitle 10 – Port Covington Community Benefits District #### § 10-1 Findings. Balt., Md., Code art. 14, § 10-1 (2026) (a) (1) Port Covington is undergoing significant redevelopment that will benefit the City by creating a new clean, green, and safe neighborhood, which will reflect a diverse mix of business and residential properties and a diverse economic, social, and racial mix of residents and workers. (2) In order to maintain Port Covington as an attractive location of choice by office and retail owners and tenants and by residents, the area must be kept attractive, clean, and safe at all times. (b) In adopting this Ordinance, the City Council: (1) considered the views of the property owners, residents, property tenants, community groups and workers in South Baltimore. The Council is particularly sensitive to the input of community groups that have partnered with the development team of Port Covington to facilitate the investment of funds not only in Port Covington, but throughout South Baltimore and the rest of the City. (2) finds that a community benefits district would be an important and vital element of the long-term health and growth of Port Covington, South Baltimore, the rest of Baltimore City, and the region. (3) finds that the District will encourage the involvement of minority and women-owned businesses in the operation of the District and in the business community itself. (4) finds that the District and Port Covington will reflect: (i) a diverse mix of business and residential properties; and (ii) a diverse economic, social, and racial mix of residents and workers. (c) The Mayor and City Council recommends that residents of the District consult a tax advisor before treating the supplemental tax paid to the District as a deductible tax. *History: Ord. 20-358* #### § 10-2 District established. Balt., Md., Code art. 14, § 10-2 (2026) (a) There is a community benefits district, to be known as the Port Covington Community Benefits District. (b) The boundaries of the District are as shown on the {map appended to Ordinance 20-358}, titled “Exhibit A – District Boundaries”. *History: Ord. 20-358* #### § 10-3 Authority created. Balt., Md., Code art. 14, § 10-3 (2026) (a) There is a Port Covington Community Benefits District Management Authority, referred to in this subtitle as the “Authority”. (b) The purpose of the Authority is to: (1) promote and market the District; (2) provide supplemental security and maintenance services; (3) provide amenities in public areas; and (4) provide other services and functions as may be requested by the Authority and approved by an ordinance of the Mayor and City Council. *History: Ord. 20-358* #### § 10-4 Powers and functions of Authority. Balt., Md., Code art. 14, § 10-4 (2026) (a) To the greatest extent allowable by law, the Authority is and shall be deemed to be a special tax district, exercising only those powers as are provided for in this subtitle. (b) (1) The Authority may acquire, hold, and use property as necessary to achieve its purposes, including: (i) the acquisition by purchase, lease, use or other rights; and (ii) the construction and installation of buildings and structures to further the mission of the Authority. (2) The Authority may make a contract: (i) to provide services for areas adjoining the District; (ii) with an administrator who may or may not be an administrator for another benefits district in Baltimore City; and (iii) with agencies of Baltimore City to provide permitted services within the District. (3) The Authority may engage the services of an administrator (the “Administrator”), who may be an individual or an entity, including the Waterfront Partnership of Baltimore, Inc., but not limited to non-profit entities, to administer the programs and undertakings of the Authority. (4) The Authority may sue and be sued. However, the District, the Authority, its Board of Directors, and its Administrator shall benefit, to the fullest extent allowable by law, from all provisions of federal, state, and local law limiting the liability of directors, employees, officers, agents, and officials of governmental bodies. (5) The Authority may apply for and accept grants, donations, and voluntary contributions, whether in funds or property. (6) The Authority may borrow funds for purposes consistent with the public purposes of the Authority and pledge some or all of its revenues in support of such borrowings. However, no borrowing may be for a term beyond the date for the District’s renewal under § 10-16 of this subtitle. (7) The Authority shall adopt an annual budget and impose, charge, and collect the taxes or charges on benefitted properties within the District, as authorized by City Charter Article II, § (63), and this subtitle; however, no taxes may be levied against properties that are exempt under state law from ordinary property taxes. (8) The Authority may create and enter into partnerships between it and various property owners. These partnerships may provide for the provision of permitted services and benefits by the Authority in exchange for payments arranged by contract, donation, gift, services in kind, or other mechanism by which funds or benefits are provided to the Authority. (9) The Authority may establish and elect officers not already provided for in this subtitle and provide for their terms and duties. (10) The Authority may contract for and purchase goods and services, without having to comply with City requirements governing wage scales, competitive bidding, or other procurement matters. However, the Authority shall be subject to City ordinances and City policy requiring achievement of goals regarding minority and women’s business enterprises. (11) Subject to the approval of the Board of Estimates, the Authority may adopt, amend, and modify bylaws, consistent with City Charter Article II, § (63) and this subtitle. (12) The Authority may implement its programs and goals directly through its employees or through 1 or more contracts. These contracts may be with independent contractors or contractual employees. (13) The Authority may provide additional services beyond those generally provided within the District, to individual properties within or close to the District for a fee that fairly recovers for the Authority the cost of providing the services. (14) The Authority may assist in the leasing, marketing, and promotional activities within the District, to the extent those activities are approved by the governing Board of the Authority. (15) The Authority may appoint, hire, or engage auditors, accountants, attorneys, assistants, aides, employees, and advisors as it considers necessary for the proper performance of its duties, but consistent with this subtitle. (16) The Authority may do all other things necessary or convenient to carry out its goals, objectives, and powers. *History: Ord. 20-358* #### § 10-5 Limitations on Authority. Balt., Md., Code art. 14, § 10-5 (2026) (a) (1) The Authority is not and may not be deemed to be an agency of the Mayor and City of Baltimore or of the State of Maryland. (2) The officers and employees of the Authority are not and may not act as agents or employees of the Mayor and City of Baltimore or the State of Maryland. (b) (1) The Authority may not exercise any police or general powers other than those authorized by State law and City ordinance. (2) The Authority may not pledge the full faith or credit of the City. (3) The Authority may not impose taxes against properties that are exempt under State law from ordinary property taxes. (4) The Authority may not impose any taxes or charges in excess of those approved by the Board of Estimates. (5) The Authority may not exercise the power of eminent domain. (6) The Authority may not extend its life without the approval of the City Council. (7) Except as otherwise provided by law, the Authority may not engage in competition with the private sector. (8) Except as otherwise provided in § 10-17 of this subtitle, the Authority may not revert charges or taxes collected under this subtitle to the General Fund of the City. (9) Except as required or appropriate to facilitate its normal operations, the Authority may not incur debt. (10) The Authority may not exercise any power specifically withheld by the terms of this subtitle or City Charter Article II, § (63). (c) The powers of the Authority shall be broadly interpreted to allow the Authority to achieve the goals of City Charter Article II, § (63), including the provision of supplementary security and maintenance services, the promotion and marketing of the District, and the provision of amenities in public areas. *History: Ord. 20-358* #### § 10-6 Board of Directors. Balt., Md., Code art. 14, § 10-6 (2026) (a) The Authority shall be governed by and administered through a Board of Directors (the “Board”). (b) (1) The number of voting members of the full Board must be not less than 10, excluding vacancies, and no more than 25. (2) The Board has full authority to increase or decrease its membership, within the limits specified in this subsection. (c) Of the voting members of the Board: (1) 1 shall be appointed by the Mayor; (2) each Councilmember representing areas within the boundaries for the District; (3) 1 shall be a business operator in the District, who may or may not own the property on which his or her business is located; (4) 1 shall be a resident; (5) 3 shall be designated by the Administrator; (6) at least two-thirds of the Board shall be comprised of owners or representatives of owners of property subject to the tax imposed by this subtitle, provided that members of the Board selected under items (1) through (3) of this subsection may be included in such group as they otherwise qualify. (d) All powers of the Authority are exercised by and through the Board, unless delegated by the Board to 1 or more officers of the Board or to the Administrator. (e) (1) The Board may adopt bylaws as it considers necessary to carry out the powers of the Authority. However, these bylaws may not be inconsistent with the terms of this subtitle or of City Charter Article II, § (63). (2) All bylaws are subject to the approval of the Board of Estimates. (3) The Board may establish its own procedures relating to the internal administration of the Authority, except as may be restricted by City Charter Article II, § (63) or this subtitle. (f) (1) The Board shall select from among its members individuals to serve as the chair, vice-chair, treasurer, and secretary of the Authority. (2) These officers serve at the pleasure of the Board. (3) The Board may delegate to these officers those responsibilities that the Board considers appropriate. *History: Ord. 20-358* #### § 10-7 Annual Financial Plan. Balt., Md., Code art. 14, § 10-7 (2026) (a) The Board shall adopt an annual financial plan (the “Financial Plan”), based on the City’s fiscal year, consisting of at least a budget and a proposed schedule of taxes or charges to be imposed throughout the District. (b) The initial financial plan for the Authority shall include all of the fiscal year ending on June 30, 2020, and may include the costs of preparing the Financial Plan and implementing the Authority and the District, so long as the costs were incurred prior to or during the fiscal year. (c) Before adopting the Financial Plan, the Board shall arrange for a public hearing on the proposed Plan. Notice of the hearing must be published in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks. (d) The Authority may not implement a Financial Plan that includes taxes or charges in excess of those approved by the Board of Estimates. *History: Ord. 20-358* #### § 10-8 Supplemental Tax. Balt., Md., Code art. 14, § 10-8 (2026) (a) (1) The Board of Estimates shall obtain from the Director of Finance the “assessable base” of the District, which shall constitute a listing by property and a calculation of the sum of assessments on properties subject to the Supplemental Tax. (2) Properties subject to the tax shall include all properties within the District except properties exempt under City Charter Article II, § (63) or any other applicable law. (3) The Board of Estimates shall determine with finality the assessable base on which the Supplemental Tax will be based. (b) (1) Funding for Authority operations shall be provided by a supplemental property tax (the “Supplemental Tax”) on the assessable base of the District as determined under subsection (a) of this section. (2) The Supplemental Tax shall be assessed and collected in conjunction with the property taxes assessed and collected by the City (the “Regular Tax”), unless otherwise established by the Board of Estimates. (3) Except as otherwise provided in this subtitle: (i) the Supplemental Tax shall be enforced in the same way as the Regular Tax is enforced; and (ii) all provisions that apply to assessments, refunds, credits, collections, and enforcement of the Regular Tax apply to the Supplemental Tax. (c) The Supplemental Tax rate shall be determined as follows: (1) Any increase in the rate of the Supplemental Tax must be approved by a majority of the Board’s voting members that are property owner representatives. (2) Each of the actions taken under this subsection must be set forth in detail in the Financial Plan and approved by the Board of Estimates. (d) Poles, conduits, cables, tunnels, pipe lines, manholes, and other similar surface or subsurface structures, including their equipment (“Ancillary Assets”), owned and controlled by “public service companies”, as defined in the Public Utilities Article of the Maryland Code, located on, over, or under street, alleys, or other public ways or lands or park properties, the construction of which is authorized by the City, and the installation of which is regulated and supervised by the Director of Public Works or the Director’s designee or the Director of the Department of Transportation or the Director’s designee or the Director of the Department of Recreation and Parks or the Director’s designee are subject to the Supplemental Tax to the same extent as treated by the Maryland Department of Assessments and Taxation. *History: Ord. 20-358* #### § 10-9 Other charges. Balt., Md., Code art. 14, § 10-9 (2026) (a) (1) Properties that are subject to the Supplemental Tax are not required to pay any other charges or fees for services generally provided within the District by the Authority. (2) However, the Authority may impose charges and fees for any special services requested by and performed for 1 or more property owners. (b) With the approval of the Board of Estimates, the Board may establish other fees and charges for specific services performed: (1) within the District; (2) within areas adjoining the District; (3) for properties and owners not subject to the Supplemental Tax; and (4) in conjunction with partnerships encouraged by this subtitle. (c) The Financial Plan may provide for the allocation of resources and services to particular sections of the District, including allocations that reflect, in part, the contributions made by those sections of the District to the financial resources available to the Authority, and, in part, the needs of those sections. *History: Ord. 20-358* #### § 10-10 Baseline City Services. Balt., Md., Code art. 14, § 10-10 (2026) (a) Before imposing and collecting the Supplemental Tax, the Authority shall enter into a memorandum of understanding with the Mayor regarding the level of services to be maintained by the City as the City’s partnership obligation to the Authority and the District’s taxpayers. (b) This memorandum of understanding shall: (1) describe the existing levels of service within the District; (2) commit the City to the maintenance of those levels of service; and (3) outline the further undertakings of the City in response to the initiative represented by the creation of the District (the “Baseline Plus”). (c) The maintenance of existing services shall be governed by 2 principles: (1) Those services may not be decreased except: (i) as part of an overall decrease in services necessitated by changes in funding, policy, or resources; and (ii) only in proportion to the decreases implemented elsewhere in the City. (2) Any increase in services generally throughout the City shall be matched with increases in those services within the District, in proportion to the increases implemented elsewhere in the City. *History: Ord. 20-358* #### § 10-11 Partnerships. Balt., Md., Code art. 14, § 10-11 (2026) (a) The Authority is authorized and encouraged to enter into partnerships with the property owners and users within the District and adjoining areas that are not subject to the Supplemental Tax (“Exempt Partners”) for the purpose of furthering the broad objectives of improving and enhancing public services throughout the District and in adjoining areas. (b) In furtherance of that objective, the Authority may: (1) contract to provide varying levels of services to areas adjoining the District; (2) agree to accept donations, contributions, and voluntary payments of any kind from Exempt Partners (collectively, “Voluntary Payments”), with or without agreements regarding specific services and functions; (3) enter into agreements with Exempt Partners to include property owned by those Exempt Partners within the District in return for Voluntary Payments or commitments regarding the provision of similar services and functions within properties owned by Exempt Partners; and (4) establish rates and charges for the provision of services to Exempt Partners. *History: Ord. 20-358* #### § 10-12 Collection and disbursement. Balt., Md., Code art. 14, § 10-12 (2026) (a) The Authority shall establish with the appropriate City agencies the methods by which the Supplemental Tax is to be assessed, collected, and disbursed to the Authority. (b) Amounts collected by the City on behalf of the Authority: (1) may not be included in the revenues of the City; (2) are not and may not be deemed to be subject to the budgetary and appropriation process; and (3) shall be disbursed promptly on collection. (c) As part of the City’s contribution to the District, the collection, assessment, disbursement, record-keeping, and enforcement involved in the process may not be a charge to or against the Authority or the District, but shall be an element of the Baseline Plus. (d) (1) The Department of Finance may collect the Supplemental Tax and other charges as are approved by the Board of Estimates. (2) The assessment for the Supplemental Tax may be included with the annual real property tax bill submitted to the owners of properties within the District. (3) The Department of Finance shall make regular remittances of the amounts collected to the Board of the Authority. (e) The penalties and interest applicable to delinquent taxes shall be applied to delinquencies in payment of the Supplemental Tax. (f) (1) The amount of any outstanding assessment on any property and of accrued interest and other charges constitutes a lien on the property. (2) This lien: (i) takes precedence over all other liens, whether created before or after the assessment, commensurate with a lien for state and county taxes, general municipal taxes, and prior improvement assessments; and (ii) may not be defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. (3) No error in the proceedings of the City or the Board exempts any property from the lien, from its payment, or from the penalties or interest on it. *History: Ord. 20-358* #### § 10-13 Administrator. Balt., Md., Code art. 14, § 10-13 (2026) (a) The Administrator is responsible for the day-to-day operations of the Board and its employees and contractors. (b) The Administrator may: (1) prepare the Financial Plan for review and approval by the Board; (2) implement the approved Financial Plan and arrange for the collection and disbursement of the Supplemental Tax and all other charges, fees, and revenues of the Authority; (3) establish procedures and processes necessary to perform the functions called for under the Financial Plan and the budget; (4) hire and retain employees, agents, and contractors as needed to perform the Administrator’s functions for the Authority, subject to § 10-4(b) of this subtitle; (5) exercise the powers granted to the Authority by this subtitle, except that the Board retains final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority; and (6) exercise the additional rights, powers, and authority granted to the Administrator by the Board. (c) The Administrator is the direct agent of the Authority, so that any immunity afforded to the Authority and its officers, employees, and agents, is afforded as well to the Administrator. *History: Ord. 20-358* #### § 10-14 Oversight by Board of Estimates. Balt., Md., Code art. 14, § 10-14 (2026) (a) The Board of Estimates has the following powers with regard to the District and the Authority. (b) (1) The Financial Plan and the schedule of rates and charges are subject to the approval of the Board of Estimates. (2) The Board of the Authority shall submit all materials at least 2 months before the proposed effective date of a budget or Supplemental Tax. (3) In considering a proposed budget and schedule of taxes and charges, the Board of Estimates may not exceed or increase either the budget or the schedule of taxes, rates, and charges beyond those proposed by the Authority. (c) The Board of Estimates must approve the bylaws of the Authority and any proposed amendments to it. (d) The Board of Estimates is the final arbiter and decision maker regarding the approval and renewal process for the District. *History: Ord. 20-358* #### § 10-15 Election approval process. Balt., Md., Code art. 14, § 10-15 (2026) (a) The Board of Estimates, with the assistance of the Board and the Department of Finance, shall compile a list of those persons eligible to vote on the establishment of the District and on any question relating to its renewal. (b) (1) Each real property tax parcel is entitled to one vote to be exercised by the owner of that real property tax parcel. (2) Any Public Service Company that owns one or more fixtures or Ancillary Assets described in § 10-8(d) is entitled to one vote regardless of how many fixtures or Assets owned. This is in addition to, and not in substitution for, any votes that the Company is entitled to by virtue of paragraph (1), above. (c) (1) A ballot shall be provided to each eligible voter for the approval of the establishment of the District. (2) Each ballot, with a certified signature of the eligible voter or duly authorized representative, must be returned to the Board of Estimates, c/o the Comptroller’s Office, within 30 days of the date specified on the ballot. (d) (1) Within 20 days of the end of the election period, the Board of Estimates shall determine the aggregate votes cast by the eligible voters. (2) If the Board of Estimates determines that at least 58% of the aggregate votes cast approved the establishment of the District, the Board of Estimates shall certify the District and Authority as approved for operation. *History: Ord. 20-358* #### § 10-16 4-year reviews. Balt., Md., Code art. 14, § 10-16 (2026) (a) No later than 4 years after the establishment of the District, and every 4 years following, the Mayor and City Council shall hold 1 or more public hearings to evaluate the activities and undertakings of the Authority and the District. (b) At the conclusion of the hearings, the Mayor and City Council shall determine whether the District is to continue for another 4 years. (c) This process shall be repeated periodically to satisfy the requirements of City Charter Article II, § (63) . *History: Ord. 20-358* #### § 10-17 Dissolution of District. Balt., Md., Code art. 14, § 10-17 (2026) (a) If the District is not approved as provided in § 10-15 of this subtitle, or is not renewed as provided in § 10-16 of this subtitle, the Authority shall cease its operations, and the District shall cease to exist, at the end of the City’s fiscal year in which the terminating event occurs. (b) The Authority shall continue its existence only as long as necessary to: (1) terminate operations in a reasonable fashion; and (2) arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities. (c) Any unspent funds revert to the City’s general fund, except as necessary to secure a borrowing permitted under Section 10-4(b)(6). In no other circumstances may charges or taxes collected by the Authority become part of the general fund of the City. *History: Ord. 20-358* ### Subtitle 11 – Retail Business Districts #### Part 1 – General Provisions ##### § 11-1 Definitions. Balt., Md., Code art. 14, § 11-1 (2026) (a) “Business Association” means the incorporated organization of persons who operate retail, service, rental, or professional businesses within a particular Retail Business District that provides management services under this subtitle. (b) “Business establishment” means any retail, service, rental, or professional business entity. (c) “Commissioner” means the Commissioner of the Baltimore City Department of Housing and Community Development. (d) “Exempt establishment” means any business establishment which is: (1) operated solely by a federal, state, or local government entity, except for City-owned markets as described in § 11-5(b); (2) operated by a non-profit organization which is not engaged in a retail business; or (3) a parking lot. (e) “Licensable space” means the number of square feet of space in a business establishment subject to the license fee in accordance with the fee calculation method as set forth in a specific Retail Business District Ordinance. (f) (g) “Retail Business District” means a geographic area in Baltimore City, designated by an ordinance under this subtitle, encompassing a concentration of business establishments. *History: Ord. 82-838* *History: Ord. 09-137* *History: Ord. 22-125* ##### § 11-2 Legislative intent. Balt., Md., Code art. 14, § 11-2 (2026) (a) The Mayor and City Council of Baltimore makes the following declaration of its legislative intent in the enactment of this subtitle. (b) Neighborhood retail shopping districts in Baltimore City, when maintained and operated properly, serve invaluable functions in City life. They provide a convenient marketplace for neighborhood residents and play an important role in the identity of the community. (c) (1) The growth of suburban shopping centers has threatened many neighborhood retail business districts. Many cannot satisfactorily compete with new facilities that offer convenience, adequate parking, pleasing physical environment, diversification of retail services, and a management system that provides for promotional activities and for enhanced sanitation and security services. (2) Retail sales in these neighborhood shopping areas have decreased, and the loss of revenue has caused a gradual disinvestment in the commercial properties, vacancies and, in the worst cases, abandonment by property owners. This disinvestment negatively affects the surrounding residential community, results in the loss of jobs and property taxes to the City and requires the City to assume responsibility for these properties. (d) To counter this trend Baltimore City established the Commercial Revitalization Program. Selected neighborhood shopping districts were targeted for public improvements which would enhance the physical appearance of the area. In return, retail merchants and commercial property owners were required to rehabilitate their properties in conformance with a unified design developed for the area. (e) (1) However, in order for neighborhood business districts to compete more efficiently for business with suburban shopping centers, funds and a management system are necessary to provide advertising and promotional activities and enhanced sanitation and security services for the entire district. (2) The Commercial Revitalization Program has always been founded on self-help by the business community. The merchant associations in neighborhood business districts are voluntary organizations of business persons who have limited time to plan and implement a management program and limited capacity to raise funds. They have indicated to the City a strong need for such a management program and fund raising mechanism. (3) The management program created in this subtitle will harness the energies of the business community and provide it with the necessary funding through a Retail Business District License Fee. Furthermore, the proposed program will enable all business establishments within the boundaries of a given Retail Business District to join in promotional, sanitation, and public safety efforts not economically feasible for many individual businesses without a program of this sort. The City Council finds that this program serves a public purpose and enhances the general welfare of the citizens of Baltimore City. *History: Ord. 82-838* *History: Ord. 09-137* ##### § 11-3 Establishment of Districts. Balt., Md., Code art. 14, § 11-3 (2026) (a) Subject to the recommendation of the Commissioner, the Mayor and City Council shall establish each Retail Business District by the adoption of an ordinance containing the following information: (1) a statement that a Retail Business District has been established, including its name; (2) a description of the boundaries of the District; and (3) a description of the method by which the license fee is calculated, including the method of determining the number of square feet of licensable space and the rate per square foot to be imposed. (b) In the event of any conflict between any provision of this subtitle and that of a specific Retail Business District ordinance, the provision of the specific Retail Business District ordinance shall prevail. *History: Ord. 82-838* ##### § 11-4 Modifications. Balt., Md., Code art. 14, § 11-4 (2026) By ordinance, the Mayor and City Council may modify the boundaries, licensing procedures, fee calculation method, or rates for any Retail Business District established pursuant to the provisions of § 11-3. *History: Ord. 82-838* ##### § 11-5 District license. Balt., Md., Code art. 14, § 11-5 (2026) (a) No person shall operate any business establishment within a designated Retail Business District without obtaining an annual license, to be known as the “Retail Business District License”, from the Director of Finance of Baltimore City. (b) To the extent that any Retail Business District includes within its boundaries a public market owned by the Mayor and City Council of Baltimore, any business operated by any merchant in such market shall be included within the Retail Business District and subject to this subtitle. (c) The operator of any exempt establishment shall not be required to obtain a Retail Business District License and shall not be eligible to use the management services provided by the Business Association for the District. *History: Ord. 82-838* ##### § 11-6 Establishment of fee. Balt., Md., Code art. 14, § 11-6 (2026) (a) The fee for the Retail Business District License in any District shall be determined by multiplying the total number of square feet of licensable space occupied by the business establishment by the rate per square foot, as set forth for that District, in accordance with the fee calculation method established for that specific District. (b) (1) Provided, however, that in the event a portion of a licensee’s space is used both for (i) the manufacture of products to be sold by the licensee at retail in the District, and (ii) the manufacture of products to be sold in retail outlets wholly owned by the licensee located in areas outside of the District, then the licensee shall, with regard to that manufacturing space, pay a license fee only on that portion of the manufacturing space which is attributable to the licensee’s retail operations within the Retail Business District. (2) The portion of a licensee’s manufacturing space subject to the license fee shall be determined by the Commissioner under the authority granted him in § 11-14 of this subtitle. (c) (1) The Retail Business District License fee shall be based upon a rate per square foot of licensable space to be established by the Mayor and City Council. This rate shall be the rate to which all licensees in the District shall be subject. (2) There shall be no rate change unless a District, by vote of the licensees therein, suggests a rate per square foot which differs from the base rate. Any such rate change shall be ratified by the Mayor and City Council by ordinance. *History: Ord. 82-838* ##### § 11-7 Collection of fee. Balt., Md., Code art. 14, § 11-7 (2026) (a) (1) The Retail Business District License fee shall be due and payable on January 1 each and every year, and the entire charge prescribed for the year shall be collected when the license is issued. (2) In the event that a person commences business operations in a district subsequent to January 1 in any year, the Commissioner may prorate the amount of the fee due and payable based on the number of months of operation during the licensing year. (b) The Commissioner shall certify to the Director of Finance on a yearly basis: (1) the name and business address of the person(s) responsible for payment of the Retail Business District License Fee for each business establishment; (2) the number of square feet of licensable space occupied by each separate business establishment other than an exempt establishment; (3) the rate to be charged per square foot in that District; and (4) the fee due from each business establishment. (c) The Director of Finance shall collect the fee from the operator of said business establishment. *History: Ord. 82-838* *History: Ord. 16-594* *History: Ord. 17-183* ##### § 11-8 Transfers and renewals. Balt., Md., Code art. 14, § 11-8 (2026) Subject to all applicable provisions of other ordinances of Baltimore City, statutes of Maryland, and laws of the Federal Government, the Retail Business District License shall be transferable, upon written notice to the Director of Finance, and renewable from year to year during the continuous operation of the business by the Retail Business District licensee within the Retail Business District, and so long as such area continues to be designated as a Retail Business District. *History: Ord. 82-838* ##### § 11-9 Business Associations. Balt., Md., Code art. 14, § 11-9 (2026) (a) Upon the establishment of a Retail Business District, a Business Association of the District, comprised of the licensees, shall be incorporated under the laws of Maryland and a copy of its charter and by-laws shall be filed with the Commissioner. (b) The by-laws shall include, without limitation, membership requirements, procedures for calling meetings and voting on rates, budgets, and related matters. (c) The Business Association is responsible for: (1) conducting a management program to provide promotional services, which may include enhanced sanitation and public safety efforts, for the District; and (2) administering the funds provided through the license fee procedure set forth in this subtitle. (d) On an annual basis, the Business Association representing the District shall file with the Commissioner: (1) an annual budget setting forth projected expenditures for advertising, promotions, sanitation, public safety, and related activities and administrative expenses; (2) any amendments to the charter or by-laws made during the preceding year; and (3) a copy of an agreement between the Business Association and the Mayor and City Council of Baltimore specifying the intent of the Business Association to expend the funds transferred to that Retail Business District in accordance with the annual budget. *History: Ord. 82-838* *History: Ord. 09-137* ##### § 11-10 Special fund accounts. Balt., Md., Code art. 14, § 11-10 (2026) (a) (1) Pursuant to appropriations made in accordance with the annual Ordinance of Estimates, the Director of Finance shall maintain a special fund, with a separate fund account for each Retail Business District. (2) Said special fund shall be credited with the collections of the Retail Business District License fees from each District. (b) The Director of Finance, with the approval of the Board of Estimates, may set a reasonable fee to be charged to each District for the collection, accounting, and administrative services performed by the City, in an amount not to exceed the actual cost of said services. (c) Each year, within 75 days of receipt, the Director shall transfer by agreement to the appropriate Business Association for the District the license fees collected for that District, less any administrative fee charged. (d) The fund comprised of the license fees collected for a District in accordance with this subtitle shall be utilized solely for purposes determined by the licensees. *History: Ord. 82-838* *History: Ord. 16-594* *History: Ord. 17-183* ##### § 11-11 Penalty for nonpayment. Balt., Md., Code art. 14, § 11-11 (2026) (a) (1) Any person liable to pay the Retail Business District License fee who fails to pay the same within 30 days after it is due and payable shall be subject to, in addition to the annual license fee: (i) a civil penalty of 10% of the fee; and (ii) interest at the rate of 1% per month or a fraction thereof. (2) The provisions of Article 15, §§ 46-2, 47-1, and 47-2 shall not apply. (b) The Appeals Board created in § 11-12 of this subtitle is hereby authorized for good and sufficient cause to waive the imposition of this penalty and interest in its entirety or a portion thereof prior to institution of civil prosecution. *History: Ord. 82-838* ##### § 11-12 Appeals Board. Balt., Md., Code art. 14, § 11-12 (2026) (a) There shall be an Appeals Board to hear and decide appeals arising under this subtitle. (b) The members of the Appeals Board shall be: (1) the Commissioner of Housing and Community Development or designee, (2) the Director of Finance or designee, and (3) a designee of the Mayor’s Office. *History: Ord. 82-838* *History: Ord. 90-527* ##### § 11-13 Appeals procedure. Balt., Md., Code art. 14, § 11-13 (2026) (a) If any licensee or prospective licensee who is or will be liable for the payment of the Retail Business District License fee disagrees with or is aggrieved by any determination, decision, order, or notice of any kind, which is made, rendered, issued, or given under the provisions of this subtitle, such licensee or prospective licensee, within 15 calendar days after written notice of such action or determination has been given or mailed to him, shall have the right to bring the matter in dispute before the Appeals Board by written request, setting forth in full the reason(s) for said appeal. (b) Upon reasonable notice, in accordance with the Commissioner’s rules and regulations and the provisions of the Baltimore City Charter, the Appeals Board, by a majority vote thereof, shall have the authority to reverse or affirm, wholly or partly, or modify the determination, decision, order, or notice appealed from, and may give or make such determination, decision, order, or notice as ought to be made. (c) Provided, however that nothing contained herein shall be construed as authorizing the Appeals Board to waive, set aside, or in any manner change any provision or provisions of this subtitle, other than as authorized in § 11-11 herein, nor any decision made by the Mayor and City Council pursuant to § 11-4 of this subtitle. *History: Ord. 82-838* ##### § 11-14 Rules and regulations. Balt., Md., Code art. 14, § 11-14 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner is hereby authorized and empowered to make, adopt, promulgate, and amend, from time to time, such rules and regulations as the Commissioner may deem necessary or proper: (1) to carry out and enforce the provisions of this subtitle; (2) to define or construe any of the terms and provisions of this subtitle; and (3) to provide for the procedures of the Appeals Board created herein. *History: Ord. 82-838* *History: Text Conformed 02/21/21* ##### § 11-15 Compliance with other laws. Balt., Md., Code art. 14, § 11-15 (2026) Any person who operates or owns a business in a Retail Business District shall be subject to all applicable provisions of all other ordinances of Baltimore City, statutes of Maryland, and laws of the Federal Government. *History: Ord. 82-838* ##### §§ 11-16 to 11-20 Balt., Md., Code art. 14, § 11-16 to 11-20 (2026) Reserved #### Part 2 – Designated Districts ##### § 11-21 Oldtown Mall. Balt., Md., Code art. 14, § 11-21 (2026) (a) The area located within the boundaries set forth in this section is hereby declared to be a Retail Business District and may be referred to as “Oldtown Mall Retail Business District”: Beginning for the same at a point formed by the intersection of an extended line of the eastern right-of-way line of Aisquith Street and the northern right-of-way line of Monument Street; thence running in a southerly direction and binding on said extended line, and the eastern right-of-way line of Aisquith Street to a point of intersection with an extended line of the southern right-of-way line of McElderry Street; thence running in a westerly direction crossing Aisquith Street and binding on said extended line, and the southern right-of-way line of McElderry Street to a point of intersection with the southeastern right-of-way line of McElderry Street; thence running in a southwesterly direction and binding on said line to a point of intersection with the northeastern right-of-way line of Forrest Street; thence running in a southeasterly direction and binding on said line to a point of intersection with the eastern right-of-way line of Forrest Street; thence running in a southerly direction and binding on said right-of-way crossing Orleans Street to a point of intersection with the southern right-of-way line of Orleans Street; thence running in a westerly direction and binding on said right-of-way line to a point of intersection with the southwestern right-of-way line of Colvin Street; thence running in a northwesterly direction and binding on an extended line of the southwestern right-of-way line of Colvin Street to a point of intersection with the northwestern right-of-way of Ensor Street; thence running in a northeasterly direction and binding on said right-of-way line to a point of intersection with the southwestern right-of-way line of Mott Street; thence running in a southeasterly direction and binding on said right-of-way line of Mott Street to the point of intersection with the northwestern right-of-way line of Flatiron Alley (40 feet); thence running in an easterly direction and binding on said right-of-way line to the point of intersection with the northern right-of-way line of Monument Street; thence running in an easterly direction and binding on said right-of-way line to the point of the beginning, excluding the area comprised by Lots 2 and 4/5, Ward 5, Section 3, Block 1273, known as Belair Market. (b) (1) The fee for the Oldtown Mall Retail Business District License shall be based upon the total number of square feet of space: (i) on the 1st floor occupied for business purposes by such business establishment, whether the premises are owned, leased, or otherwise held by such business establishment; or (ii) if such business establishment does not occupy any 1st-floor space, on the floor containing the maximum number of square feet of space occupied for business purposes by such business establishment. (2) The Oldtown Mall Retail Business District License fee shall be calculated by multiplying the number of square feet of space occupied for business purposes by each business establishment as specified above, by a rate of $0.15 per square foot. (c) Voting on all budgetary matters shall be by majority of the licensees, as represented by 1 vote per square foot of licensable space, and no vote shall carry except by a majority of votes cast. *History: Ord. 82-839* ##### § 11-22 Market Center. Balt., Md., Code art. 14, § 11-22 (2026) (a) The area located within the boundaries set forth in this section is hereby declared to be a Retail Business District and may be referred to as “Market Center Retail Business District”: Beginning for the same at the point formed by the intersection of the east side of Eutaw Street, as now laid out 66 feet wide, and the south side of Madison Street, as now laid out 66 feet wide, thence binding on the south side of said Madison Street, Easterly 143 feet, more or less, to intersect the west side of Linden Avenue; thence binding on the west side of said Linden Avenue, Southerly 400 feet, more or less, to intersect the south side of Monument Street, as now laid out 66 feet wide; thence binding on the south side of said Monument Street, crossing Linden Avenue, Easterly 250 feet, more or less, to intersect the center line of Howard Street, as now laid out 82.5 feet wide; thence binding on the center line of Howard Street, crossing Centre Street, and on the west outline of the Department of Housing and Community Development — Mount Vernon Urban Renewal Project, Southerly 450 feet, more or less, to intersect the south side of Centre Street, as now laid out 66 feet wide; thence binding on the south side of said Centre Street, crossing Park Avenue, and on the south outline of said Mount Vernon Urban Renewal Project, Easterly 800 feet, more or less, to intersect the west side of Cathedral Street, as now laid out 66 feet wide, thence binding on the west side of said Cathedral Street, crossing Hamilton Street, Franklin Street, Mulberry Street, and Pleasant Street, Southerly 1,125 feet, more or less, to intersect the north side of Saratoga Street, as now laid out 66 feet wide; and running thence by a straight line crossing said Saratoga Street, and on the west outline of the Department of Housing and Community Development — Charles Center Urban Renewal Project, Southerly 66 feet, more or less, to intersect the west side of Liberty Street, as now laid out varying in width; thence binding on the west side of said Liberty Street, and on the west outline of said Charles Center Urban Renewal Project, Southerly 89 feet, more or less; thence binding on the northwest side of said Liberty Street, crossing Clay Street, Lexington Street, and Marion Street, and on the northwest outline of said Charles Center Urban Renewal Project, Southwesterly 799 feet, more or less, to intersect the north side of Fayette Street, as now laid out; thence binding on the north side of said Fayette Street, crossing Park Avenue, and on a north outline of said Charles Center Urban Renewal Project, Westerly 96 feet, more or less, to intersect the west side of Park Avenue, as now laid out; thence binding on the west side of said Park Avenue, crossing Fayette Street, Fairmount Avenue, and Baltimore Street, and on the west outline of said Charles Center Urban Renewal Project, Southerly 500 feet, more or less, to intersect the south side of Baltimore Street, as now laid out 72 feet wide; thence binding on the south side of said Baltimore Street, crossing Howard Street, and on the proposed north outline of the Department of Housing and Community Development Loft District Urban Renewal Project, Westerly 340 feet, more or less, to intersect the west side of Howard Street, as now laid out 66 feet wide; thence binding on the west side of said Howard Street, Northerly 17 feet, more or less, to intersect the south side of Baltimore Street; thence binding on the south side of said Baltimore Street and on the north outline of said Loft District Urban Renewal Project, Westerly 430 feet, more or less, to intersect the west side of Eutaw Street; thence binding on the west side of said Eutaw Street, Southerly 60 feet, more or less, to intersect the north side of Napoleon Alley; thence binding on the north side of Napoleon Alley and on the north outline of said Loft District Urban Renewal Project, Westerly 340 feet, more or less, to intersect the center line of Paca Street, as now laid out 82.5 feet wide; thence binding on the center line of Paca Street, and on the east outline of the Department of Housing and Community Development — University of Maryland Project II, Northerly 500 feet, more or less, to intersect the center line of Fayette Street; thence binding on the center line of said Fayette Street, crossing Diamond Street, and on the north outline of said University of Maryland Project II, Westerly 361 feet, more or less, to intersect the east side of Greene Street, as now laid out 66 feet wide; thence binding on the east side of said Greene Street, crossing Lexington Street, and on the east outline of the Department of Housing and Community Development—Orchard-Biddle Urban Renewal Project, Northerly 860 feet, more or less, to intersect the south side of said Saratoga Street, thence binding on the south side of said Saratoga Street, and on a south outline of said Orchard-Biddle Urban Renewal Project, crossing Paca Street, Easterly 394 feet, more or less, to intersect the east side of Paca Street, as now laid out 82.5 feet wide; thence binding on the east side of Paca Street, and on the east outline of said Orchard-Biddle Urban Renewal Project crossing Saratoga Street and Mulberry Street, Northerly 747 feet, more or less, to intersect the south side of Franklin Street, as now laid out 70 feet wide; thence binding on the south side of said Franklin Street, crossing Jasper Street and Eutaw Street, and on a south outline of said Orchard-Biddle Urban Renewal Project, Easterly 388 feet, more or less, to intersect the east side of said Eutaw Street and thence binding on the east side of said Eutaw Street, crossing Franklin Street, George Street, Centre Street, Druid Hill Avenue, McCulloh Street, and Monument Street and on the east outline of said Orchard-Biddle Urban Renewal Project, Northerly 1,275 feet, more or less, to the place of beginning. (b) (1) The fee for the Market Center Retail Business District License shall apply to any business establishment which occupies space on the 1st floor in a premises located within the Market Center Retail Business District. (2) The fee for the Market Center Retail Business District License shall be based upon: (i) for all business establishments other than movie theaters, the total number of square feet of 1st-floor space occupied by a business establishment in the premises, whether owned, leased or otherwise held by such business establishment; and (ii) for movie theaters, 70% of the total number of square feet of 1st-floor space occupied by the theater in the premises owned, leased, or otherwise held by such movie theater. (3) The Market Center Retail Business District License fee shall be calculated by multiplying the number of square feet occupied for business purposes by each business establishment, as specified above, by a rate of $0.20 per square foot. (c) Voting on all budgetary matters shall be by majority of the licensees, as represented by 1 vote per square foot of licensable space, and no vote shall carry except by a majority of votes cast. *History: Ord. 82-840* ##### §§ 11-23 York Road. Balt., Md., Code art. 14, § 11-23 (2026) Reserved ##### § 11-24 Pimlico. Balt., Md., Code art. 14, § 11-24 (2026) (a) The area located within the boundaries set forth in this section is hereby declared to be a Retail Business District and may be referred to as “Pimlico Business District”: Beginning for the same at the point formed by the intersecting center lines of Park Heights Avenue and W. Garrison Avenue; thence running Southwesterly along said center line 161 feet + to a point formed by extending the center line of the first 10 foot alley; thence running Northwesterly 150 feet + intersecting the center line of the adjoining 15 foot alley; thence running Southwesterly 169 feet + intersecting the center line of the adjoining 15 foot alley; thence running Northwesterly 300 feet + to the center line of Spaulding Avenue; thence running Northeasterly along said center line 28 feet + to a point 257 feet + Southwesterly from the center line of Park Heights Avenue, also known as the extended Southwestern lot line of lots 21, 8/9, 22, 11, 12, 13 and 14, Ward 27, Section 21, block 4582; thence running Northwesterly along said lot line 369 feet + to the center line of W. Belvedere Avenue; thence running Southwesterly along said center line 100 feet + to a point 79 feet + Northeasterly from the intersecting center line of Denmore Avenue, also known as the point formed by extending the lot line between lots 1 and 2, Ward 27, Section 21, block 4552; thence running Northwesterly along said lot line 275 feet + adjoining the Northeasterly right-of-way line of the 10 foot alley extending said line to the center line of Paton Avenue at a point 145 feet + Southwesterly from the center line of Park Heights Avenue; thence running Southwesterly 5 feet + along said center line 235 feet + Northeasterly from the intersecting center lines of Denmore Avenue and Paton Avenue, also known as the extended lot line between lots 1, 2, 3, 4, 5, 6, and 29, Ward 27, Section 21, block 4553; thence running Northwesterly 115 feet + along said lot line to a point 149 + feet Southwesterly from the center line of Park Heights Avenue approximately 200 feet + Northeasterly from the intersecting center lines of Denmore Avenue and Paton Avenue, also known as the lot line between lots 6 and 7, Ward 27, Section 21, block 4553; thence running Southwesterly along said lot line 70 feet + to the center line of the adjoining 15 foot alley; thence running Northwesterly 593 feet + crossing Hayward Avenue to intersect the center line of the next adjoining 15 foot alley, as extended, at a point 140 feet + Northeasterly from the center line of Denmore Avenue; thence running Westerly and Northwesterly along said center line 800 feet + to intersect the southwestern lot line of Lot 16, Ward 27, Section 21, block 527; thence running Northwesterly 35 feet + to intersect the northwestern lot line of said lot, also known as the lot line dividing lots 16, 16a and 17, Ward 27, Section 21, block 527; thence running Southwesterly 30 feet + to intersect the center line of the adjoining 15 foot alley; thence running Southwesterly 145 feet + to the center line of Denmore Avenue; thence running Northwesterly 390 feet + to intersect the center line of West Rogers Avenue; thence running Southwesterly 140 feet + to intersect the center line of the next 20 foot alley, as extended, at a point 175 feet + Northeasterly from the center line of Magnolia Avenue; thence running Northwesterly 415 feet + to intersect the center line of West Northern Parkway; thence running Northeasterly 486 feet + to intersect the lot line dividing lots 5/8 and 9, Ward 27, Section 22, block 444-a, as extended; thence running Southeasterly along said lot line 179 feet + to intersect the center line of the 16 foot alley; thence running Northeasterly 210 feet + to intersect the center line of Clover Road; thence running Southeasterly 209 feet + to intersect the center line of the next 15 foot alley, as extended, thence running Southeasterly 762 feet + to intersect the center line of Clover Road at a point 120 feet + Northeasterly from the center line of Park Heights Avenue; thence running Northeasterly 60 feet + to intersect the northern lot line, as extended, of lot 16, Ward 27, Section 19, block 4536, also known as the lot line dividing said lot and lots 17, 18, 19, 20, 21, and 22, Ward 27, Section 19, block 4536; thence running Easterly 249 feet + to intersect the center line of Hamlin Avenue; thence running Southeasterly 140 feet + to intersect the center line of Court Street; thence running Southwesterly 120 feet + to intersect the center line of the 10 foot unimproved alley; thence running Southeasterly 90 feet + to intersect the center line of the closed 6 foot alley; thence running Northwesterly 115 feet + to intersect the center line of Hamlin Avenue; thence running Southeasterly 350 feet + intersect the center line of Hayward Avenue; thence running Southwesterly 100 feet + to intersect the intersecting the center line of Park Heights Avenue; thence running Southeasterly along the center line of Park Heights Avenue 195 feet + to a point formed by extending the Western lot line of lot 22, Ward 27, Section 19, block 4554, also known as the lot line dividing lots 23/26 and lot 22; thence running Northerly along said lot line 135 feet + to a point 115 feet + Southeasterly from the center line of Hayward Avenue, also known as the northern lot line of lot 22, Ward 27, Section 19, block 4554; thence running Southeasterly along said lot line 29 feet + to the eastern lot line of said lot, also known as the lot line dividing lots 22 and 19/21, Ward 27, Section 19, block 4554; thence running Southerly along said lot line 135 feet + to the center line of Park Heights Avenue; thence running Southeasterly to the center line of W. Belvedere Avenue; thence running Northeasterly 304 feet + to a point 430 feet + Northwesterly from the center line of Spaulding Avenue, also known as the extended lot line between lots 7, 8 and 9, Ward 27, Section 19, block 4584; thence running Southeasterly 130 feet +; thence running Southeasterly 50 feet + to the western right-of-way line of the Municipal parking lot at a point 250 feet + Northwesterly from the intersecting center lines of Spaulding and Palmer Avenues; thence running Northeasterly along said right-of-way line 20 feet + to the Northern right-of-way line of said parking lot; thence running Southeasterly 240 feet + to the center line of Spaulding Avenue; thence running Southwesterly 140 feet + to a point where extending the center line of the 10 foot alley intersects the center lines of Spaulding and Palmer Avenues; thence running Southeasterly along said extended 10 foot alley center line 45 feet +; thence running easterly along said center line 85 feet + to the eastern right-of-way line of said 10 foot alley, also known as the lot line dividing lots 19D and 20, Ward 27, Section 19, block 4585; thence running Southerly 5 feet + to a point approximately 280 feet Northerly from the point of beginning, also known as the Southwesterly lot line of Lots 20, 21, 22, 23 and 24, Ward 27, Section 19, block 4585; thence running Southeasterly along said line 40 feet + to a point 268 feet Northerly from the point of beginning, also known as the lot line dividing Lots 24 and 25, Ward 27, Section 19, block 4585; thence running Northeasterly along said line 48 feet + to the center line of Palmer Avenue; thence running Southeasterly 50 feet + to a point 383 feet + Northeasterly from the point of beginning also known as the extended lot line dividing Lots 25 and Lots 1, 2, 3, 4, 5, 6, 7, 8, Ward 27, Section 19, block 4585; thence running Southwesterly along said lot line 200 feet + to a point 185 feet + northerly from the point of beginning, also known as the lot line dividing lots 8, 9/10, Ward 27, Section 19, block 4585; thence running Southeasterly 127 feet + to the center line of Garrison Avenue; thence running Southwesterly 186 feet + to the center line of Park Heights Avenue; thence running Northwesterly along said center line to the point of beginning. (b) (1) The fee for the Pimlico Business District license shall be based on the total number of square feet of 1st-floor space occupied for retail, service, rental, or professional services rendered by that establishment, whether the premises are owned, leased, or otherwise held by such business establishment. (2) Parking lots and warehouses are exempt from the payment of any fee. However, storage space incidental to a business establishment’s primary business is not exempt hereunder for the purposes of calculation and payment of this license fee. (3) The Pirnlico Business District license fee shall be calculated as follows: (i) the first 1,200 square feet is to be rated at $0.15 per square foot, with minimum fee of $100; (ii) the next 1,800 square feet is to be rated $0.11 per square foot; (iii) the next 3,000 square feet is to be rated at 0.05 per square foot; and (iv) all remaining square feet are to be rated at $0.01 per square foot. (4) Notwithstanding the provisions of § 11-7(b) of this subtitle, it is further understood that the license fee due from business establishments shall be calculated by the Merchants’ Association and certified to the Commissioner of Housing and Community Development on a yearly basis. (c) (1) Voting on the annual budget shall be by a majority of the licensees, represented by 1 vote per $100 of assessment rounded to the nearest hundred, at a meeting called for such purposes by the Pimlico Merchants’ Association, and no vote shall carry except by a majority of the votes cast. (2) All other voting shall be by 1 vote per licensed business establishment. *History: Ord. 85-546* ##### § 11-25 Monument Street. Balt., Md., Code art. 14, § 11-25 (2026) (a) The area located within the boundaries set forth in this section is hereby declared to be a Retail Business District and may be referred to as “Monument Street Business District”: Beginning for the same at the point formed by the intersecting center lines of E. Monument Street and N. Milton Avenue; thence running Northerly along said center line 105 feet + to intersect the extended center line of the first 10 foot alley; thence running Westerly along said center line 321 feet + crossing N. Port Street to the center line of N. Montford Avenue; thence running Southerly along said center line 5 feet + to intersect the center line of the 10 foot alley 65 feet + north of E. Monument Street and east of N. Bradford Street; thence running Westerly along said center line 156 feet + intersecting the center line of N. Bradford Street; thence running Northerly along said center line 25 feet + intersecting the center line of the 10 foot alley 90 feet north of E. Monument Street and west of N. Bradford Street; thence running Westerly along said center line 76 feet + intersecting the center line of the 10 foot alley parallel to and approximately 75 feet east of N. Patterson Park Avenue; thence running Southerly along said center line 79 feet + to a point 75 feet Easterly from N. Patterson Park Avenue also known as the lot line between Lots 48 and 49, Ward 7, Section 2, block 1623; thence running Westerly along said lot line 110 feet + intersecting the center line of N. Patterson Park Avenue; thence running Northerly, along said center line 90 feet + intersecting the center line of the 10 foot alley 100 feet north of E. Monument Street and east from N. Madeira Street; thence running Easterly 146 feet + along said center line intersecting the center line of N. Madeira Street; thence running Southerly along said center line 20 feet + intersecting the center line of the 10 foot alley 80 feet + north of E. Monument Street and east of N. Collington Avenue; thence running Westerly along said center line of N. Collington Avenue; thence running Northerly 10 feet + intersecting the extended center line of the 9 foot alley 90 feet north of E. Monument Street; thence running Westerly 298 feet + crossing N. Duncan Street intersecting the center line of N. Chester Street; thence running Northerly along said center line 265 feet + intersecting the center line of E. Madison Street; thence running Westerly along said center line 480 feet + intersecting the center line of N. Washington Street; thence running Southerly 515 feet + along said center line intersecting the extended center line of the 10 foot alley 85 feet south of E. Monument Street and west from N. Castle Street; thence running Easterly 200 feet + along said center line intersecting the center line of N. Castle Street; thence running Southerly 40 feet + along said center line intersecting the extended center line of the 10 foot alley 127 feet + south of E. Monument Street and east of N. Castle Street; thence running Easterly 112 feet + along said center line intersecting the center line of the 10 foot alley 85 feet + south of E. Monument Street; thence running Northerly 43 feet + along said center line intersecting the center line of the 5 foot alley 85 feet south of E. Monument Street; thence running Easterly 92 feet + along said center line intersecting the center line of N. Chester Street; thence running Southerly 280 feet + along said center line intersecting the center line of McElderry Street; thence running northerly 300 feet + along said center line intersecting the extended center line of the 10 foot alley 72 feet south of E. Monument Street; thence running Easterly 175 feet + along said center line to the center line of N. Collington Street; thence running Northerly 45 feet + to a point 27 feet + south of East Monument Street, being also the lot line between Lots 16/17 and 18, Ward 7, Section 14, block 1638; thence running Easterly 77 feet + to the center line of the adjoining 3 feet 8 inch alley; thence running Southerly approximately 24 feet +; thence running 25 feet + Southeasterly to a point that intersects the center line of the adjoining 15 foot + alley 62 feet + south of E. Monument Street; thence running south 65 feet + to the center line of the adjoining 10 foot alley; thence running 85 feet Easterly + to the center line of N. Madeira Street; thence running Northerly 45 feet + to the center line of the 10 foot alley 74 feet + south from E. Monument Street; thence running Easterly 83 feet + to the center line of the adjoining 10 foot alley; thence running Southerly 59 feet to the center line of the 3 foot to 6 foot adjoining alley; thence running Easterly 135 feet+to the center line of N. Patterson Park Avenue; thence running northerly 64 feet + to the center line of the 10 foot alley 75 feet + south of E. Monument Street; thence running 347 feet + crossing N. Bradford Street and Dimling Court to the center line of the adjoining 4 foot alley; thence running Southerly 35 feet + to the center line of the adjoining 6 foot alley; thence running Easterly 53 feet + to the center line of N. Montford Avenue; thence running Northerly 49 feet + crossing N. Port Street to the center line of the adjoining 4 foot 4 inch alley; thence running Easterly 120 feet + to the center line of N. Milton Avenue; thence running Northerly to the point of beginning. (b) (1) The fee for the Monument Street Business District license shall be based upon the total number of square feet of 1st-floor space, up to a maximum of 6,666 square feet, of a business establishment occupied for retail, service, rental, or professional services rendered by that establishment, whether the premises are owned, leased, or otherwise held by such business establishment. (2) Parking lots and warehouses are exempt from the payment of any fee. However, storage space incidental to a business establishment’s primary business is not exempt hereunder for the purposes of calculation and payment of this license fee. (3) The Monument Street Business District fee shall be calculated by multiplying the number of square feet of licensable space as specified above for each business establishment by a rate of $0.15 per square foot. (c) (1) Voting on the annual budget shall be by a majority vote of the licensees voting, in person or by proxy, at a meeting called by the Monument Street Merchants’ Association for that purpose. Each licensee shall have 1 vote per square foot of licensable space and no vote shall carry except by a majority of votes cast. (2) All other voting shall be by 1 vote per licensed business establishment. *History: Ord. 85-548* ##### § 11-26 Highlandtown. Balt., Md., Code art. 14, § 11-26 (2026) (a) The area located within the boundaries set forth in this section is hereby declared to be a Retail Business District and may be referred to as “Highlandtown Business District”: Beginning for the same at the point formed by the intersecting center lines of Eastern Avenue and S. Robinson Street; thence running Southerly on center line of said S. Robinson Street 145 feet + intersecting the extended centerline of the 10 foot alley located 100 feet + south of Eastern Avenue; thence running Easterly, along center line of said 10 foot alley, 205 feet + to intersect the center line of S. East Avenue; thence running Northerly along the last mentioned center line, 10 feet + intersecting the extended center line of the 10 foot alley located 90 feet + south of Eastern Avenue; thence running 220 feet + Easterly along the last mentioned center line to intersect the center line of S. Bouldin Street; thence running Northerly along the last mentioned center line 2 feet + intersecting the extended center line of the 10 foot alley located 88 feet + south from Eastern Avenue; thence running Easterly along the last mentioned center line 111 feet + to intersect the center line of the adjoining 27 foot alley located 72.5 feet east from S. Bouldin Street; thence running Southerly along the last mentioned center line 17 feet + to intersect the center line of the adjoining 10 foot alley located 105 feet + south from Eastern Avenue; thence running Easterly along the last mentioned center line 108 feet + to intersect the center line of S. Clinton Street; thence running Northerly along the last mentioned center line 30 feet + to intersect the extended center line of the 10 foot alley located 75 feet + south from Eastern Avenue; thence running Easterly along the last mentioned center line 175 feet + crossing the eastern right-of-way line of the adjoining 20 foot alley located 80 feet + east from S. Clinton Street, to the extended center line of the 3 foot alley south from Marshall Court; thence running Northerly 6 feet + to the center line of the Marshall Court Driveway; thence running Easterly 100 feet + to intersect the center line of S. Highland Avenue; thence running Southerly 270 feet + to intersect the center line of Fleet Street; thence running Easterly 445 feet + to the center line of S. Conkling Street; thence running Southerly 185 feet + to a point formed by extending the southern property line of Lot 1, Ward 26, Section 9, block 6433; thence running Easterly 265 feet along said property line through the 20 foot alley south of Fleet Street to the center line of Fleet Street; thence running Southerly 5 feet + to the extended southern property line of Lot 26/27, Ward 26, Section 9, block 6434; thence Easterly 180 feet + along said line to the center line of the 10 foot alley south of Fleet Street; thence running Northerly 136 feet + to a point 50 feet + south of the center line of Fleet Street, also known as the lot line between Lots 25K and 25J, Ward 26, Section 9, block 6434; thence running Easterly 195 feet + crossing S. Eaton Street to the center line of the 12 foot alley south of Fleet Street; thence running Southerly 210 feet + to the center line of the adjoining 12 foot alley; thence running Easterly 70 feet + to the center line of the adjoining 10 foot alley; thence running northerly 210 feet + to a point 49 feet 8 inches + south of the center line of Fleet Street, also known as the lot line between Lots 35 and 36, Ward 26, Section 9, block 6435; thence running Easterly 100 feet + to the center line of Fagley Street; thence running Southerly 136 feet + to a point formed by extending the lot line between Lots 1 and 1A, Ward 26, Section 9, block 6436; thence running Easterly along said line 132 feet + to the center line of the 14 foot alley abutting the north property line of Lot 5A, Ward 26, Section 9, block 6436 at a point 185 feet + south of the center line of Fleet Street; thence running north 134 feet + to a point 49 feet + south of the center line of Fleet Street, also known as the lot line between Lots 33 and 34, Ward 26, Section 9, block 6436; thence running Easterly 102 feet + crossing Grundy Street to a point 45 feet 4 1/2 inches + south of Fleet Street, also known as the lot line between Lots 1 and 2, Ward 26, Section 9, block 6437; thence running Easterly 102 feet + to the center line of the adjoining 10 foot alley; thence running Southerly 330 feet + to the center line of Foster Avenue; thence running 125 feet + Easterly to the center line of S. Haven Street; thence running northerly 378 feet + to the center line of Fleet Street; thence running Easterly 245 feet + to the center line of the unnamed 17 foot S. Iris Avenue right-of-way; thence running Northerly 365 feet + to the center line of Eastern Avenue; thence running Westerly 235 feet + to the center line of S. Haven Street; thence running Northerly 360 feet + to the center line of Bank Street; thence running Westerly 815 feet + to the center line of Eaton Street; thence running Northerly 185 feet + to the center line of Chestle Place; thence running Westerly 315 feet to the center line of S. Dean Street; thence running Southerly 90 feet + to a point 94 feet+north from Bank Street, also known as the extended lot line between Lots 14 and 50, Ward 26, Section 16, Block 6312; thence running Westerly 85 feet + to a point 94 feet + north from Bank Street, also known as the western property line of said Lot 50; thence running Southerly 25 feet + to a point 65 feet + north from Bank Street, also known as the northern lot line of Lot 17, Ward 26, Section 16, block 6312; thence running Westerly 110 feet + to the center line of S. Conkling Street; thence running Northerly 53 feet + to a point formed by extending the center line of the 10 foot alley north from Bank Street; thence running Westerly 290 feet + to the center line of Baylis Street; thence running Southerly 135 feet + to the center line of Bank Street; thence running Westerly 250 feet + to the center line of S. Highland Avenue; thence running Northerly 135 feet + to a point 240 feet + Southerly from the center line of Gough Street, also known as the extended lot line between Lots 34 and 35, Ward 26, Section 12, block 6299A; thence running Westerly 139 feet + to the center line of the 15 foot alley Easterly from S. Clinton Street; thence running Southerly 427 feet + crossing Bank Street to the center line of the adjoining 20 foot alley 185 feet Northerly from Eastern Avenue; thence running Westerly 130 feet + to the center line of S. Clinton Street; thence running Northerly 14 feet + to a point 162 feet + Southerly from the center line of Bank Street; also known as the extended lot line between Lots 20 and 21, Ward 26, Section 12, block 6298; thence running Westerly 123 feet + to the center line of the 10 foot alley Easterly from S. Bouldin Street; thence running Southerly 23 feet + to the center line of the adjoining 20 foot alley; thence running Westerly 13 feet + crossing S. Bouldin Street to the center line of the 10 foot alley Westerly from S. Bouldin Street at a point 185 feet + Southerly from Bank Street; thence running Northerly 25 feet + to a point 160 feet + Southerly from Bank Street, also known as the lot line between Lots 35 and 36, Ward 26, Section 12, block 6297; thence running Westerly 120 feet + to the center line of S. East Avenue; thence running Southerly 5 feet + to a point 165 feet + Northerly from Eastern Avenue, also known as the extended lot line between Lots 80 and 68/69, Ward 1, Section 14, block 1779; thence running Westerly 115 feet + to the center line of the 10 foot alley Easterly from Robinson Street; thence running Southerly 185 feet + to the center line of Eastern Avenue; thence running Easterly along said center line to the point of beginning. (b) (1) The fee for the Highlandtown Business District License shall be based upon: (i) for all business establishments other than movie theaters, the total number of square feet of 1st-floor space occupied for retail, service, rental, or professional services by that business establishment; and (ii) for all movie theaters, whether owned, leased, or otherwise held by such business establishment, 70% of the total number of square feet of 1st-floor space occupied by the theater. (2) Parking lots and warehouses are exempt from the payment of any fee. However, storage space incidental to a business establishment’s primary business is not exempt hereunder for the purposes of calculation and payment of the license fee. (3) The Highlandtown Business District License fee shall be calculated as follows: (i) the first 5,000 square feet occupied for business purposes by each business establishment is to be rated at $0.14 per square foot; and (ii) any square footage in excess of 5,000 square feet shall be rated at $0.07 per square foot. (4) Notwithstanding the provisions of § 11-7(b) of this subtitle, the license fee due from business establishments shall be calculated by the Highlandtown Merchants’ Association and certified to the Commissioner annually. (c) Voting on the annual budget shall be by a majority vote of the licensees voting, in person or by proxy, at a meeting called by the Highlandtown Merchants’ Association for this purpose. Each licensee shall have 1 vote per licensed business establishment. *History: Ord. 85-556* ##### § 11-27 Hamilton. Balt., Md., Code art. 14, § 11-27 (2026) (a) The area located within the boundaries set forth in this section is hereby declared to be a Retail Business District and may be referred to as “Hamilton Business District”: Beginning for the same at the point formed by the intersecting centerlines of Harford Road and E. Strathmore Avenue; thence running northwesterly 110 feet + along the center line of E. Strathmore Avenue; thence running northeasterly 125 feet +; thence running northwesterly 68 feet + to intersect the centerline of the adjoining alley; thence running northeasterly along said centerline 128 feet +; thence running northwesterly 5 feet +; thence running northeasterly 217 feet +; thence running northwesterly 190 feet +; thence running northeasterly 121 feet + to intersect the centerline of the 20 foot + alley; thence running northeasterly 185 feet + along said centerline; thence running northwesterly 160 feet + along the last mentioned centerline; thence running northeasterly 220 feet + to intersect the centerline of Gibbons Avenue; thence running southeasterly 80 feet + along said centerline to intersect the centerline of a 20 foot alley as extended; thence running northeasterly 210 feet + along said centerline to intersect the centerline of the adjoining 20 foot alley; thence running northwesterly 380 feet + along the last mentioned centerline; thence running northeasterly 230 feet + to intersect the centerline of Hamilton Avenue; thence running northwesterly along said centerline 55 feet + to intersect the centerline of Hampnett Avenue; thence running northeasterly 340 feet +; then running southeasterly 105 feet +; thence running northeasterly 138 feet + to intersect centerline of Evergreen Avenue; thence running southeasterly 110 feet + along said centerline; thence running northeasterly 154 feet +; thence running northwesterly 180 feet +; thence running northeasterly 140 feet + to intersect the centerline of Bayonne Avenue; thence running southeasterly 70 feet + to intersect the centerline of Harford Road; thence running northeasterly 83 feet + to intersect the centerline of Bayonne Avenue; thence running southeasterly 273 feet +; thence running southwesterly 175 feet +; thence running southeasterly 131 feet +; thence running southwesterly 90 feet +; thence running northwesterly 188 feet +; thence running southwesterly 133 feet + to intersect the centerline of Evergreen Avenue; thence running southeasterly 40 feet + along said centerline; thence running southwesterly 97 feet +; thence running southeasterly 131 feet +; to intersect the centerline of Richard Avenue; thence running 210 feet + along said centerline to intersect the centerline of Wisteria Avenue; thence running 400 feet + along the last mentioned centerline to intersect the centerline of Arabia Avenue; thence running southwesterly 283 feet + along the last mentioned centerline to intersect the centerline of Hamilton Avenue; thence running northwesterly 60 feet + along the centerline of Hamilton Avenue; thence running southwesterly 230 feet + to intersect the centerline of Saint Johns Avenue; thence running northwesterly 375 feet + along said centerline; thence running southwesterly 228 feet + to intersect the centerline of Gibbons Avenue; thence running southeasterly 185 feet +; thence running southwesterly 268 feet +; thence running northwesterly 140 feet +; thence running southwesterly 53 feet +; thence running northwesterly 50 feet +; thence running southwesterly 111 feet + to intersect the centerline of Echodale Avenue; thence running northwesterly 20 feet + along said centerline to intersect the centerline of a 12 foot alley as extended; thence running southwesterly along said centerline 249 feet +; thence running southeasterly 90 feet + to intersect the centerline of a 13 foot alley; thence running southwesterly 173 feet + to intersect the centerline of Batavia Avenue; thence running northwesterly along said centerline 243 feet + to intersect the centerline of Harford Road; thence running southwesterly 60 feet + along said centerline to the point of beginning. (b) (1) The fee for the Hamilton Business District license shall be based upon the total number of square feet of 1st -floor space for each business establishment occupied for retail, service, rental, or professional services rendered by that establishment, whether the premises are owned, leased, or otherwise held by such business establishment. (2) Parking lots and warehouses are exempt from the payment of any fee. However, storage space incidental to a business establishment’s primary business is not exempt hereunder for purposes of calculation and payment of this license fee. (3) The Hamilton Business District fee shall be calculated by determining the number of square feet of licensable space as specified above for each business establishment and assessing them as follows: (i) from 0 to 1,000 square feet, the fee shall be $100; (ii) from 1,001 to 2,000 square feet, the fee shall be $175; (iii) from 2,001 to 3,000 square feet, the fee shall be $250; and (iv) all establishments having greater than 3,000 square feet shall be assessed $325. (4) Wholly-owned subsidiaries shall be billed as a separate business if operating under a name different from the parent organization. (c) Voting on the annual budget shall be by a majority vote of the licensees, voting in person or by written proxy, at a meeting called by the Hamilton Business Association for that purpose. Each licensee shall have 1 vote per licensed establishment, and no vote shall carry except by a majority of votes cast. *History: Ord. 88-139* ##### § 11-28 Federal Hill Market Place. Balt., Md., Code art. 14, § 11-28 (2026) (a) The area located within the boundaries set forth in this subsection is hereby declared to be a Retail Business District and may be referred to as “Federal Hill Market Place Business District”: Beginning for the same at the point formed by the intersecting center lines of S. Light Street and E. Montgomery Street; thence running Easterly 92 feet + along the center line of E. Montgomery Street; thence running Southerly 92 feet +; thence running Easterly 15 feet +; thence running Southerly 22 feet +; thence running Easterly 47 feet +; thence running Southerly 80 feet + to the center line of E. Churchill Street; thence running Westerly 58 feet + to the center line of the 3 foot alley as extended; thence running Southerly 46 feet +; thence running Easterly 1 foot 6 inches +; thence running Southerly 15 feet +; thence running Easterly 33 feet +; thence running Southerly 30 feet +; thence running Westerly 33 feet +; thence running Southerly 102 feet + to the center line of Warren Avenue; thence running Westerly 50 feet +; thence running Southerly 124 feet + to the center line of E. Wheeling Street; thence running Easterly 54 feet +; thence running Southerly 32 feet +; thence running Easterly 2 feet + to the center line of the 4 foot alley; thence running Southerly 70 feet + to the center line of E. Hamburg Street; thence running Easterly 10 feet + to the center line of Vanhorns Court as extended; thence running Southerly 260 feet +; thence running Easterly 54 feet +; thence running Southerly 31 feet +; thence running Westerly 40 feet +; thence running Southerly 15 feet +; thence running Westerly 124 feet + to the center line of S. Light Street; thence running Southerly 120 feet + to the center line of E. Cross Street; thence running Easterly 314 feet +; thence running Southerly 77 feet +; thence running Westerly 43 feet +; thence running Southerly 29 feet +; thence running Westerly 29 feet +; thence running Southerly 30 feet +; thence running Easterly 47 feet +; thence running Southerly 96 feet + to the center line of Weber Street; thence running Westerly 176 feet +; thence running Southerly 53 feet +; thence running Westerly 30 feet +; thence running Southerly 102 feet + to the center line of E. West Street; thence running Easterly 152 feet + to the center line of Wall Street; thence running Southerly 480 feet + to the center line of E. Ostend Street; thence running Westerly 958 feet + or to a point 230 feet + Easterly from the center line of S. Hanover Street; thence running Northerly 104 feet +; thence running Westerly 63 feet + to the center line of Goodman Alley; thence running Northerly 125 feet + to the center line of Ropewalk Lane; thence running Easterly 50 feet + to the center line of Goodman Alley; thence running Northerly 130 feet + to the center line of W. West Street; thence running Easterly 15 feet +; thence running Northerly 73 feet +; thence running Easterly 4 feet +; thence running Northerly 19 feet +; thence running Westerly 100 feet + to the center line of Olive Street; thence running Northerly 124 feet +; thence running Easterly 23 feet + to the center line of Olive Street; thence running Northerly 577 feet+to the center line of Hamburg Street; thence running Westerly 40 feet +; thence running Northerly 86 feet +; thence running Easterly 5 feet + to the center line of Olive Street; thence running Northerly 160 feet + to the center line of W. Wheeling Street; thence running Easterly 103 feet +; thence running Northerly 160 feet + to the center line of W. Henrietta Street; thence running Westerly 17 feet +; thence running Northerly 94 feet +; thence running Westerly 65 feet +; thence running Northerly 70 feet + to the center line of W. Churchill Street; thence running Westerly 40 feet +; thence running Northerly 48 feet +; thence running Westerly 112 feet + to intersect the centerline of S. Hanover Street; thence running Northerly 125 feet + to intersect the centerline of W. Montgomery Street; thence running Easterly 335 feet + to intersect the centerline of S. Charles Street; thence running Southerly 168 feet + to intersect the centerline of E. Churchill Street; thence running Easterly 395 feet +; thence running Northerly 165 feet + to intersect the centerline of E. Montgomery Street; thence running Easterly to the point of beginning. (b) (1) The fee for the Federal Hill Market Place Business District license shall be based upon the total number of square feet of 1st -floor space for each business establishment occupied for retail, service, rental, or professional services rendered by that establishment, whether the premises are owned, leased, or otherwise held by such business establishment. (2) Parking lots and warehouses are exempt from payment of any fee. However, storage space incidental to a business establishment’s primary business is not exempt hereunder for purposes of calculation and payment of this license fee. (3) The Federal Hill Market Place Business District fee shall be calculated by multiplying the number of square feet of licensable space, as specified above, for each business establishment, by a rate of $0.15 per square foot, with a maximum fee of $450, except the Cross Street Market shall be billed as the Cross Street Market Association with a flat fee of $2,625. (c) (1) Voting on the annual budget shall be by a majority vote of the licensees, voting in person or by proxy, at a meeting called by the Federal Hill Market Place Business Association for that purpose. Each licensee shall have 1 vote per square foot of licensable space, and no vote shall carry except by a majority of votes cast. (2) All other voting shall be by 1 per licensed business establishment. *History: Ord. 88-218* ##### § 11-29 Pennsylvania Avenue/Lafayette Market Business District. Balt., Md., Code art. 14, § 11-29 (2026) (a) The area located within the boundaries set forth in this section is hereby declared to be a Retail Business District and may be referred to as “Pennsylvania Avenue/Lafayette Market Business District”: Beginning for the same at the point formed by the intersecting center lines of Pennsylvania Avenue and Mosher Street, thence running Northeasterly 180 feet +, thence running Northwesterly 400 feet + to intersect the centerline of McMechen Street, thence running Northeasterly 33 feet + to intersect the centerline of Brunt Street, thence running Northwesterly 88 feet i, thence running Northeasterly 88 feet +, thence running Northwesterly 201 feet +, thence running Southwesterly 88 feet+to intersect the centerline of Brunt Street, thence running Northwesterly 105 feet + to intersect the centerline of Wilson Street, thence running Southwesterly 90 feet + to intersect the southwestern lot line of Lot 56, Ward 14, Section 9, Block 338 as extended, thence running Northwesterly 78 feet + to intersect the centerline of the next 3 foot alley, thence running Northeasterly 94 feet + to intersect the centerline of Brunt Street, thence running Northwesterly 77 feet to intersect the centerline of Brunt Court, thence running Southwesterly 92 feet + to intersect the centerline of the next 10-foot alley, thence running Northwesterly 144 feet + to intersect the centerline of the next 8 foot alley, thence running Northeasterly 92 feet + to intersect the centerline of Brunt Street, thence running Northwesterly 200 feet + to intersect the division line between Lots 55/56 and 64, Ward 14, Section 7, Block 327 as extended, thence running Southwesterly 82 feet + to intersect the center line of the next 15-foot alley, thence running Northwesterly 305 feet + to intersect the centerline of Robert Street, thence running Southwesterly 123 feet + to intersect the centerline of Pennsylvania Avenue, thence running Northwesterly 45 feet + to intersect the centerline of Robert Street, thence running Southwesterly 317 feet + to intersect the centerline of N. Fremont Avenue; thence running Southeasterly along the centerline of N. Fremont Avenue 590 feet + to intersect the centerline of Sewell Street, thence running Northeasterly 154 feet to intersect the centerline of Argyle Avenue (60 feet wide) if projected Northwesterly, thence binding reversely on said line so drawn and on the centerline of Argyle Avenue in all Southeasterly 360 feet + to intersect the northern lot line of Lot 36, Ward 14, Section 10, Block 337 as extended, thence running Northeasterly 130 feet to intersect the centerline of the next 3-foot alley, thence running Southeasterly 37 feet + to intersect the next 3-foot alley, thence running Northeasterly 110 feet + to intersect the centerline of the next 5-foot alley, thence running Southeasterly 103 feet + to intersect the centerline of Pitcher Street, thence running Northeasterly 120 feet + to intersect the centerline of Pennsylvania Avenue, thence running Southeasterly 591 feet + to the point of beginning. (b) (1) The fee for the Pennsylvania Avenue/Lafayette Market Business District license shall be based upon the total number of square feet of 1st-floor space for each business establishment occupied for retail, service, rental, or professional services rendered by that establishment, including storage space incidental to the business establishment’s primary business, whether the premises are owned, leased, or otherwise held by such business establishment. (2) Parking lots and warehouses are exempt from payment of any fee. (3) The Pennsylvania Avenue/Lafayette Market Business District fee shall be calculated by multiplying the number of square feet of licensable space, as specified above, for each business establishment by a rate of $0.25 per square foot, except for the Lafayette Market Association which shall pay a flat fee of $2,625 as a single business establishment. (c) (1) Voting on the annual budget shall be by a vote of the licensees, voting in person or by written proxy, at a meeting called by the Pennsylvania Avenue/Lafayette Market Association for that purpose. Each licensee shall have 1 vote per square foot of licensable space, and no vote shall carry except by a majority of votes cast. (2) All other voting shall be by 1 vote per licensed business establishment. *History: Ord. 89-379* ##### § 11-30 Mount Washington Business District. Balt., Md., Code art. 14, § 11-30 (2026) (a) The area within the following boundaries is declared to be a Retail Business District, to be known as the “Mount Washington Business District”: Beginning for the same at a point formed by the intersection of the eastern right-of-way of the MTA Light Rail and an extended line of the northern right-of-way line of Smith Avenue; thence running in a westerly direction, crossing the MTA Light Rail along said extended line and binding on said line and the northern right-of-way line of Smith Avenue to a point of intersection with an extended line of the western right-of-way line of Greely Road; thence running in a southerly direction crossing Smith Avenue along said extended line and binding on said line and the western right-of-way line of Greely Road to a point of intersection with the northern right-of-way line of Kelly Avenue; thence running in a southeasterly direction crossing Kelly Avenue in a straight line and binding on that line, to a point formed by the intersection of the western right-of-way line of Kelly Avenue and the southern right-of-way line of Sulgrave Avenue; thence running easterly along the southern right-of-way line of Kelly Avenue and binding on that line to a point of intersection with the eastern property line of Lot 1, Ward 27, Section 17, Block 4700-A; thence running in an easterly direction in a straight line and binding on that line, across South Road to a point formed by the intersection of the southern right-of-way line of South Road with the western property line of Lot 9, Ward 27, Section 17, Block 4706-E; thence running in an easterly direction along the south side of Kelly Avenue to intersect with the eastern right-of-way line of the MTA Light Rail right of way; thence running northerly and binding on the eastern right-of-way line of the MTA Light Rail to intersect an extended straight line of the northern boundary of Lot 1, Ward 27, Section 17, Block 4656-B; thence running westerly along said extended straight line to the point of beginning. (b) (1) The fee for the Mount Washington Business District license shall be based on the total number of square feet for each business establishment occupied for retail, service, rental, or professional services rendered by that establishment, whether the premises are owned, leased, or otherwise held by that establishment. (2) Parking lots and warehouses are exempt from the payment of any fee. However, storage space incidental to a business establishment’s primary business is not exempt for purposes of calculating and paying the license fee. (3) The Mount Washington Business District fee shall be calculated by: (i) determining the number of square feet of licensable space for each business establishment, as specified in paragraphs (1) and (2) of this subsection; and (ii) assessing that establishment as follows: (A) for each establishment with less than 800 square feet, the fee is $200; and (B) for each establishment with 800 or more square feet, the fee is $400. (c) Voting on the annual budget shall be by a majority of the licensees voting, in person or by written proxy, at a meeting called by the Mount Washington Merchants Association for that purpose. Each licensee is entitled to 1 vote per licensed establishment. *History: Ord. 02-433* ### Subtitles 12 to 15 ### Subtitle 16 – Bmore Safe Places {a/k/a “NeighborWatch Areas”} #### § 16-1 Definitions. Balt., Md., Code art. 14, § 16-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Area” means an area consisting of 2 or more block faces. (c) “Block face” means all properties, including commercial, religious, and residential properties, on 1 side of a street between 2 consecutive intersecting streets. (d) “Board” means the Bmore Safe Places Board established by this subtitle. (e) “NeighborWatch Area” means an area designated as a NeighborWatch Area under this subtitle. *History: Ord. 93-209* *History: Ord. 10-399* *History: Ord. 18-106* #### § 16-2 Program established. Balt., Md., Code art. 14, § 16-2 (2026) (a) There is a NeighborWatch Area Program to promote a crime-free environment in neighborhoods, with priority attention for public upgrades given to neighborhoods that organize themselves to: (1) improve their own private lighting and trimming of greenery to reduce interference with the lighting of the neighborhood; and (2) either: (i) register privately-owned security cameras with the City; or (ii) run their own resident-based or privately-funded security patrol. (b) The Program is available to all qualified areas of the City. (c) To qualify for the Program, an area must meet the criteria set forth in this subtitle and in the rules and regulations adopted by the Board under this subtitle. *History: Ord. 93-209* *History: Ord. 10-399* *History: Ord. 18-106* #### § 16-3 Board established. Balt., Md., Code art. 14, § 16-3 (2026) (a) There is a Bmore Safe Places Board. (b) The Board comprises the following 21 members: (1) 14 members appointed by the Mayor in accordance with Article IV, § 6 of the City Charter. (2) 1 Councilmember appointed by the City Council President. (3) The Police Commissioner or the Commissioner’s designee. (4) The Director of Recreation and Parks or the Director’s designee. (5) The Commissioner of Housing and Community Development or the Commissioner’s designee. (6) The Director of Transportation or the Director’s designee. (7) The Director of Planning or the Director’s designee. (8) The Director of the Mayor’s Office on Criminal Justice or the Director’s designee. *History: Ord. 93-209* *History: Ord. 10-399* *History: Ord. 18-106* #### § 16-4 Quorum. Balt., Md., Code art. 14, § 16-4 (2026) (a) A majority of the members of the Board constitutes a quorum for the transaction of business. (b) An affirmative vote by the majority of a quorum is sufficient for any official action. *History: Ord. 10-399* #### § 16-5 Officers. Balt., Md., Code art. 14, § 16-5 (2026) (a) The Chair of the Board is designated by the Mayor from among the appointed members. (b) The Board may elect, from among its members, any other officers needed from time to time. *History: Ord. 10-399* #### § 16-6 General duties. Balt., Md., Code art. 14, § 16-6 (2026) The Board shall: (1) publicize and promote the NeighborWatch Area Program established by this subtitle using materials approved by the Board; (2) consider applications requesting designation of areas as NeighborWatch Areas; and (3) approve the design and specifications of the signs that the Department of Transportation provides in accordance with § 16-12(f) {“Operation[s]: Signage”} of this subtitle. *History: Ord. 93-209* *History: Ord. 10-399* *History: Ord. 18-106* *History: Ord. 19-332* #### § 16-7 Meetings. Balt., Md., Code art. 14, § 16-7 (2026) The Board shall meet on the call of the its Chair or the Mayor as frequently as required to perform its duties, but not less than once every 6 months. *History: Ord. 10-399* #### § 16-8 Rules and regulations. Balt., Md., Code art. 14, § 16-8 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board shall adopt rules and regulations to: (1) govern its procedures; (2) implement the NeighborWatch Area Program; and (3) otherwise carry out this subtitle. *History: Ord. 93-209* *History: Ord. 10-399* *History: Ord. 18-106* *History: Text Conformed 02/21/21* #### § 16-9 Applications for designation. Balt., Md., Code art. 14, § 16-9 (2026) (a) (1) To be considered for the NeighborWatch Area Program, a neighborhood group, group of residents, or community association shall submit an application to the Board indicating that at least 60% of the residents of the area wish to be designated a NeighborWatch Area. (2) The boundary of the proposed NeighborWatch Area must be dearly identified in the application. (3) In addition, the residents must certify in the application which of the following they are able to provide: (i) the location and ownership of all privately-owned security cameras to be registered with the City; (ii) the frequency of any resident-based or privately-funded security patrol; (iii) a commitment that they have and will use front and rear outdoor lights on their individual homes; or (iv) a commitment that they will trim back – and keep trimmed – any privately owned greenery that might interfere with either public or private lighting of the neighborhood. (b) If the Police Commissioner determines that a delay would be harmful to the public safety and welfare, the Commissioner may apply directly to the Board to have an area designated a NeighborWatch Area. *History: Ord. 93-209* *History: Ord. 10-399* *History: Ord. 18-106* *History: Ord. 19-332* #### § 16-10 Referral to police district. Balt., Md., Code art. 14, § 16-10 (2026) (a) The Board shall refer each application to the local police district. (b) The Major of that district must confirm that calls for service and incident reports from the area demonstrate a need for increased public-safety measures. *History: Ord. 93-209* *History: Ord. 10-399* #### § 16-11 Action by Board. Balt., Md., Code art. 14, § 16-11 (2026) (a) The Board may approve or deny an application. (b) If an application is denied, the Board must state the reasons for the denial. *History: Ord. 93-209* *History: Ord. 10-399* #### § 16-12 Operation of Program. Balt., Md., Code art. 14, § 16-12 (2026) (a) On designation of a NeighborWatch Area, the City will take the following steps in the Area. (b) Private lighting will be confirmed. (c) The City Forester will inspect greenery on private property and make recommendations to the owners for trimming any privately owned greenery that might interfere with either public or private lighting of the neighborhood. (d) The City Forester will trim all trees on public property that interfere with or decrease the effectiveness of the street lighting. (e) Street lighting will be upgraded on a priority basis, using state-of-the-art technology to achieve the most acceptable level of lighting at the most reasonable cost. (f) The Department of Transportation will post at least one sign on each blockface of the Area, stating that this block is part of a NeighborWatch Area. *History: Ord. 93-209* *History: Ord. 10-399* *History: Ord. 18-106* *History: Ord. 19-332* ### Subtitles 17 to 18 ### Subtitle 19 – South Baltimore Gateway Community Impact District #### § 19-1 Findings. Balt., Md., Code art. 14, § 19-1 (2026) (a) (1) The neighborhoods in the South Baltimore Gateway Community Impact District are anticipated to be the neighborhoods most affected by the presence of the nearby casino (the “Casino” or the “video lottery facility”). (2) These neighborhoods (the “Casino Impact Area”) are also communities capable and desirous of improvement and economic development. (3) In recognition of these facts, the State: (i) has designated certain funds (the “local impact grants”) to mitigate the effect of the Casino on the Casino Impact Area and to improve the social and economic conditions within the Area; and (ii) has instituted a Local Development Council to oversee and make recommendations regarding the use of those funds. (4) To be effective, these funds must be distributed in a manner that is strategic, transparent, and responsive to the needs of the citizens of the District. (b) (1) The South Baltimore Gateway Master Plan of 2015 identified a variety of needs and opportunities facing the Casino Impact Area. (2) According to the Plan: “Residents raised a range of concerns about their communities from the small-scale, such as a lack of adequate signage around a transit stop, to the big picture – a shortage of family-supporting jobs. And they voiced support for the steps needed to bring new resources, energy and opportunities to their neighborhoods and to [the] area as a whole. While the plan focuses on improving the lives of people already living in the area, it also seeks to create an environment that will attract new residents and Development.” (3) The Plan clearly emphasizes the importance of local impact grants in accomplishing this vision. It specifically notes: “If used effectively, this new funding source will help to strengthen communities in South Baltimore by supplementing, not replacing, what is available for community services and development initiatives through existing City resources. City and community leaders envision this new revenue as leveraging other funding sources to help realize the goals outlined within the plan.” (c) In adopting this Ordinance, the City Council has: (1) considered the views of the property owners, the retail merchants, the property tenants, and the other members of the business and residential communities within the South Baltimore Gateway Community Impact District; and (2) made a determination that the South Baltimore Gateway Community Impact District will reflect: (i) a diverse mix of business and residential properties; and (ii) a diverse economic, social, and racial mix. *History: Ord. 16-509* #### § 19-2 District established. Balt., Md., Code art. 14, § 19-2 (2026) (a) There is a community impact district, to be known as the South Baltimore Gateway Community Impact District (the “District”). (b) The boundaries of the District are as follows: On the south, a line beginning at the intersection of the city line and the center line of the Patapsco River, running north along the center line of the Patapsco River to hanover Street; then running north along Hanover Street to McComas Street; then running east along McComas Street to the center line of Key Highway; then running northeast along the center line of Key Highway to the center line of East Fort Avenue; then running southeast along the center line of East Fort Avenue to the center line of Stevenson Street; then running northeast along the center line of Stevenson Street to the center line of Key Highway; then running north along the center line of Key Highway to the center line of Light Street; then running north along the center line of Light Street to the center line of East Conway Street; then running west along the center line of East Conway Street to the center line of South Howard Street; then running north along the center line of South Howard Street to the center line of West Camden Street; then running west along the center line of West Camden Street to the center line of Washington Boulevard; then running southwest along the center line of Washington Boulevard to the center line of South Green Street; then running north along South Greene Street to the center line of West Pratt Street; then running west along the center line of West Pratt Street to the center line of South Martin Luther King Junior Boulevard; then running north along the center line of South Martin Luther King Junior Boulevard to the center Line of West Lombard Street; then running west along the center line of West Lombard Street to the center line of Scott Street; then running south along the center line of Scott Street to the center line of Pratt Street; then running west along the center line of Pratt Street to the center line of Carey Street; then running south along the center line of Carey Street to the center line of the tracks of the Baltimore and Ohio Railroad; then running west along the center line of the tracks of the Baltimore and Ohio Railroad yo the Gwynns Falls; then running south along the center Line of the gwynns falls to the center line of Washington Boulevard; then running west along the center line of Washington Boulevard to the center line of Hollins Ferry Road; then running south along the center line of Hollins Ferry Road to the center line of the tracks of the CSX Railroad; then running southwest along the center line of the tracks of the CSX Railroad to the city line; then running southeast along the city line to the center line of the Patapsco River (point of origin). (c) These boundaries are designed and intended to encompass all of the following Neighborhood Statistical Areas, according to the 2011 Neighborhood Statistical Areas Map: (1) Barre Circle; (2) Carroll Park; (3) Carroll-Camden Industrial Area; (4) Cherry Hill; (5) Federal Hill; (6) Lakeland; (7) Middle Branch/Reedbird Parks; (8) Mount Winans; (9) Otterbein; (10) Pigtown/washington Village; (11) Ridgely’s Delight; (12) Riverside; (13) Saint Paul; (14) Sharp-Leadenhall; (15) South Baltimore; (16) Spring Garden Industrial Area; (17) Stadium Area; and (18) Westport. *History: Ord. 16-509* #### § 19-3 Authority established. Balt., Md., Code art. 14, § 19-3 (2026) (a) There is a South Baltimore Gateway Community Impact District Management Authority (the “Authority”). (b) The purpose of the Authority is to: (1) provide the District with supplemental security, maintenance, sanitation, and other public services above and beyond those already provided by City government (the “enhanced services”); (2) disperse grants to local community and nonprofit organizations within the District (the “community grants”); (3) undertake transformational community development and economic development projects, designed to improve the quality of life and economic conditions within the District (the “transformational projects”); (4) implement the recommendations outlined in the South Baltimore Gateway Master Plan adopted by the Planning Commission in 2015, as that Plan may be modified or superseded from time to time by the Planning Commission; and (5) provide other services and functions determined by the Board to be in the best interests of the District. (c) (1) In Fiscal Year 2017, the City shall fund the Authority at the amount appropriated in the Ordinance of Estimates for Fiscal Year 2017. (2) Beginning in Fiscal Year 2018, the City shall fund the Authority with not less than 50% of the local impact grants that are distributed to the City under State Government Article § 9-1A-31(a)(1)(i). *History: Ord. 16-509* #### § 19-4 Powers and functions of Authority. Balt., Md., Code art. 14, § 19-4 (2026) (a) To the greatest extent allowable by law, the Authority is and shall be deemed to be a governmental body, both politic and corporate, exercising only those powers as are provided for in this subtitle. (b) (1) After consultation with the Administrator, the Local Development Council, and residents of and businesses in the District, the Authority shall adopt and update at least once every 5 years a 5-year strategic plan. At a minimum, the strategic plan shall lay out the strategic priorities of the Authority and how these will be expressed through enhanced services, community grants, transformational projects, and other efforts. The strategic plan shall be made available to the general public, at no charge, through a combination of print and electronic media. (2) Subject to the requirements of § 9-1A-31 of the State Government Article, the Authority shall adopt and update from time to time written criteria and procedures for determining: (i) which enhanced services it intends to provide; and (ii) which community grants it intends to distribute. (3) The Authority shall adopt an annual budget, as provided in § 19-7 of this subtitle. (4) The Authority may spend the local impact grants received by it in a manner consistent with State and local law, the strategic plan, and any criteria or procedures adopted by the Board. (5) The Authority may contract with a fiscal agent to provide administrative and financial services on behalf of the Authority, so long as the arrangement binds the fiscal agent to the same legal, professional, and ethical standards to which the Authority is itself bound. (6) If the Authority determines that the most effective and appropriate means to provide a given service or function is to contract with the City to provide that service or function, it may do so as long as that contract is consistent with the strategic plan. (7) To accomplish its purposes, the Authority may create and operate subsidiary entities controlled by the Authority or contract with affiliated nonprofit organizations. These subsidiaries or affiliated nonprofit organizations may receive funding from the Authority if that funding is detailed in the approved financial plan and consistent with the purposes of the Authority and the goals outlined in the strategic plan. (8) The Authority shall employ an outside accounting firm to conduct an annual audit of its finances. This audit, once completed, shall be made available to the general public. (9) The Authority shall operate in accordance with the State Open Meetings Act and the State Public Information Act. (10) The Authority may contract for and purchase goods and services, subject to City ordinances and policy requiring achievement of goals regarding minority and women’s business enterprises, but not subject to the City requirements regarding wage scales, competitive bidding, or other local procurement laws. (11) The Authority may acquire, hold, and use both real and personal property as necessary to achieve its purposes, including acquisition by purchase, lease, or other means. (12) The Authority may engage the services of an Administrator, who may be an individual or an entity, to administer the programs and undertakings of the Authority. The Administrator may also serve as the Chief Executive Officer of the Authority. (13) The Authority may sue and be sued. However, the District, the Authority, its Board of Directors, its Administrator, and its staff shall benefit, to the fullest extent allowable by law, from all provisions of federal, state, and local law limiting the liability of employees, officers, agents, and officials of governmental bodies. (14) The Authority may accept grants and donations from public and private sources. (15) The Authority may borrow funds for purposes consistent with the public purposes of the Authority. However, no borrowing may be for a term beyond the date for the District’s renewal under § 19-16 of this subtitle. (16) The Authority may enter into partnerships with various property owners. These partnerships may provide for the provision of permitted services and benefits by the Authority in exchange for payments arranged by contract, donation, gift, services in kind, or other mechanism by which funds or benefits are provided to the Authority. (17) The Authority may establish and elect officers not already provided for in this subtitle and provide for their terms and duties. (18) The Authority may implement its programs and goals directly through its employees or through 1 or more contracts. These contracts may be with independent contractors, contractual employees, or others. (19) The Authority may assist marketing and promotional activities within the District, to the extent those activities are specified in the strategic plan. (20) The Authority may appoint, hire, or engage accountants, attorneys, assistants, aides, employees, and advisors as it considers necessary for the proper performance of its duties, but consistent with this subtitle. (21) The Authority may do all other things necessary or convenient to carry out its goals, objectives, and powers. *History: Ord. 16-509* *History: Ord. 17-068* #### § 19-5 Limitations on Authority. Balt., Md., Code art. 14, § 19-5 (2026) (a) (1) The Authority is not and may not be deemed to be an agency of the Mayor and City of Baltimore or of the State of Maryland. (2) The officers and employees of the Authority are not and may not act as agents or employees of the Mayor and City of Baltimore or the State of Maryland. (b) (1) The Authority may not exercise any police or general powers other than those authorized by State law or City ordinance. (2) The Authority may not pledge the full faith or credit of the City. (3) The Authority may not levy any taxes or charges. (4) The Authority may not exercise the power of eminent domain. (5) The Authority may not extend its life without approval of the Mayor and City Council. (6) Except as otherwise provided by law, the Authority may not engage in competition with the private sector. (7) Except as otherwise provided in § 19-17 of this subtitle, the Authority may not revert revenues collected under this subtitle to the City’s General Fund. (8) Except as required or appropriate to facilitate its normal operations, the Authority may not incur debt. (9) The Authority may not exercise any power specifically withheld by the terms of either this subtitle or City Charter Article II, § (69). (10) The Authority may not employ individuals who reside outside the City. *History: Ord. 16-509* #### § 19-6 Board of Directors. Balt., Md., Code art. 14, § 19-6 (2026) (a) The Authority shall be governed by and administered through a Board of Directors. (b) The Board comprises 21 members, as provided in this section. (c) (1) The majority of the members of the Board shall be residents of the District. That is, their primary residence must be located within the District. (2) (i) At least 4 members of the Board shall be representatives of businesses located within the District. To qualify under this paragraph, a business must own, occupy, or lease real property in the District on which it operates an office, headquarters, manufacturing facility, retail store, or other ongoing operation. (ii) A nonprofit 501(c)(3) or 502(c)(10) organization that meets this criteria qualifies as a “business”. (iii) A business representative may, but need not, reside in the District. If a person who resides in the District serves on the Board in the role of a business representative, then for the purpose of allocating Board positions that person does not also constitute a “resident”. (3) (i) It is the aspiration of the Mayor and City Council that the Board reflect the full diversity of the District’s neighborhoods, residents, and businesses. Accordingly – (ii) Of the residents serving on the Board: (A) at least 3 shall reside within the West Sector, as identified in the South Baltimore Gateway Master Plan; (B) at least 3 shall reside within the East Sector, as identified in the South Baltimore Gateway Master Plan; and (C) at least 3 shall reside within the South Sector, as identified in the South Baltimore Gateway Master Plan. (iii) Of the business representatives serving on the Board: (A) at least 1 shall represent a business that has its place of business within the West Sector, as identified in the South Baltimore Gateway Master Plan; (B) at least 1 shall represent a business that has its place of business within the East Sector, as identified in the South Baltimore Gateway Master Plan; and (C) at least 1 shall represent a business that has its place of business within the South Sector, as identified in the South Baltimore Gateway Master Plan. (d) (1) (i) Subject to subparagraph (iii) of this paragraph, 4 members of the Board shall be designated by the Speaker of the Maryland House of Delegates. (ii) Subject to subparagraph (iii) of this paragraph, 2 members of the Board shall be designated by the State Senator who represents the legislative district in which the video lottery facility is located. (iii) Of the 6 members designated under subparagraphs (i) and (ii) of this paragraph: (A) at least 2 shall be residents of the 40th Legislative District; and (B) at least 2 shall be residents of the 46th Legislative District. (2) The Council President shall appoint the members of the Baltimore City Council who represent the councilmanic districts overlapping with the boundaries of the South Baltimore Gateway Community Impact District to serve as ex officio members of the Board. (3) 1 member of the Board shall be appointed by the Mayor. (4) (i) The 12 members of the Local Development Council who are not elected officials shall be ex officio members of the Board until at least December 31, 2018. (ii) At any time on or after January 1, 2019, the Board may replace some or all of the LDC Board Members as provided in the Authority’s Bylaws. If it does so, the 1st replacement shall be appointed by the Mayor (as an additional Mayoral appointee) and the rest shall be replaced through the procedures provided in the Bylaws. (e) Except as may otherwise be provided in the Authority’s Bylaws: (1) a majority of the members of the Board constitute a quorum for the transaction of business; and (2) an affirmative vote by a majority of a quorum is required for any action by the Board. (f) (1) Except for the Board’s ex officio members: (i) the term of a Board member is 2 years; (ii) the terms of the members are staggered, as required by the members first appointed and as further provided in the Authority’s Bylaws; and (iii) at the end of a term, a member continues to serve until a successor is appointed. (2) (i) Subject to subparagraph (ii) of this paragraph, the Bylaws may specify a maximum number of consecutive terms that an appointed member may serve. (ii) The Bylaws may not establish term limits for members appointed under paragraph (d)(2) of this section. (g) All powers of the Authority are exercised by and through the Board, unless delegated by the Board to 1 or more officers of the Board or to the Administrator. (h) (1) The Board shall adopt Bylaws, rules, and regulations as it considers necessary to carry out the powers of the Authority. These Bylaws, rules, and regulations are subject to approval by the Board of Estimates and may not be inconsistent with the terms of this subtitle or of City Charter Article II, § (69). (2) The Board may establish its own procedures relating to the internal administration of the Authority, except as may be restricted by this subtitle or by City Charter Article II, § (69). (i) (1) The State Senator who represents the legislative district where the video lottery facility is located shall designate 1 of the members appointed under subsection (d)(1(ii) of this section to serve as the Board’s Chair. (2) The Board shall select from among its members individuals to serve as the Board’s Vice-Chair, Treasurer, and Secretary. (3) Other than the Chair, these officers serve at the pleasure of the Board. (4) The Board may delegate to these officers those responsibilities that the Board considers appropriate. *History: Ord. 16-509* *History: * *History: * #### § 19-7 Annual financial plan. Balt., Md., Code art. 14, § 19-7 (2026) (a) Subject to the approval of the Board of Estimates, the Board shall adopt an annual financial plan, based on the City’s fiscal year, consisting of at least a budget indicating the anticipated use of local impact grants received by the Authority. (b) The Board shall submit to the Board of Estimates all materials relating to the proposed plan at least 2 months before the plan’s proposed effective date. (c) Before adopting the financial plan and making recommendations to the City, the Board shall arrange for a public hearing on the proposed plan. Notice of the hearing must be published on the Authority’s Website for 3 consecutive weeks before the hearing. *History: Ord. 16-509* #### §§ 19-8 to 19-9 Balt., Md., Code art. 14, § 19-8 to 19-9 (2026) Reserved #### § 19-10 MoU on baseline City services. Balt., Md., Code art. 14, § 19-10 (2026) (a) The Authority shall enter into a memorandum of understanding with the Mayor regarding the level of services to be maintained by the City as the City’s obligation to the Authority and the District. (b) This memorandum of understanding shall: (1) describe the existing levels of service within the District; (2) commit the City to the maintenance of those levels of service; and (3) detail the process by which the City will expend that portion of the local impact grant funds that: (i) are provided to the City under State Government Article § 9-1A-31(a)(1)(i); but (ii) are not transferred directly to the Authority under § 19-3(c)(2) of this subtitle and § 9-1A-31(b)(3) of the State Government Article. (c) (1) The maintenance of existing services shall be governed by the following principles. (2) Existing services may not be decreased except: (i) as part of an overall decrease in services necessitated by changes in funding, policy, or resources; and (ii) only in proportion to the decreases implemented elsewhere in the City. (3) Any increase in services generally throughout the City shall be matched with increases in those services within the District, in proportion to the increases implemented elsewhere in the City. (4) Services provided by local impact grant funds that, as described in subsection (b)(3) of this section, are not transferred directly to the Authority under § 19-3(c)(2) of this subtitle do not constitute baseline City services. *History: Ord. 16-509* #### § 19-11 Balt., Md., Code art. 14, § 19-11 (2026) Reserved #### § 19-12 Disbursement. Balt., Md., Code art. 14, § 19-12 (2026) (a) (1) Local impact grant funds shall be distributed to the City pursuant to § 9-1A-31(a)(1)(i) of the State Government Article. (2) Funds will be distributed to the Authority as provided in § 9-1A-31(b)(3) of the State Government Article through the City’s budget and appropriation process. (b) As part of the City’s contribution to the District, the disbursement and record-keeping involved in the process may not be a charge to or against the Authority or the District, but shall be an element of the baseline services provided to the District. *History: Ord. 16-509* #### § 19-13 Administrator. Balt., Md., Code art. 14, § 19-13 (2026) (a) The Administrator is responsible for the day-to-day operations of the Board and its employees and contractors. (b) The Administrator may: (1) prepare the financial plan and strategic plan for review and approval by the Board; (2) implement the approved financial plan and strategic plan; (3) establish procedures and processes necessary to perform the functions called for under the financial plan; (4) hire and retain employees, agents, and contractors as needed to assist in the Administrator in the performance of the Administrator’s functions, subject to § 19-5(b)(10) of this subtitle; (5) exercise the powers granted to the Authority by this subtitle, except that the Board retains final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority; and (6) exercise the additional rights, powers, and authority granted to the Administrator by the Board. (c) The Administrator is the direct agent of the Authority, so that any immunity afforded to the Authority and its officers, employees, and agents is afforded as well to the Administrator. *History: Ord. 16-509* #### §§ 19-14 to 19-15 Balt., Md., Code art. 14, § 19-14 to 19-15 (2026) Reserved #### § 19-16 4-year reviews. Balt., Md., Code art. 14, § 19-16 (2026) (a) No later than 4 years after the establishment of the District and every 4 years following, the Mayor and City Council shall hold 1 or more public hearings to evaluate the activities and undertakings of the Authority and the District. (b) At the conclusion of the hearings, the Mayor and City Council shall determine whether the District is to continue for another 4 years. (c) This process shall be repeated periodically to satisfy the requirements of City Charter Article II, § (69). *History: Ord. 16-509* #### § 19-17 Dissolution of District. Balt., Md., Code art. 14, § 19-17 (2026) (a) If the District is not renewed as provided in § 19-16 of this subtitle, the Authority shall cease its operations and the District shall cease to exist at the end of the City’s fiscal year in which approval was not granted, subject to limited continuation as provided in subsection (b) of this section. (b) The Authority shall continue its existence only as long as necessary to: (1) terminate operations in a reasonable fashion; (2) arrange for the disposition of all funds not needed to satisfy outstanding obligations or to provide reserves for uncertain obligations and liabilities; and (3) arrange for the disposition of all real and personal property owned by the Authority and submit all proceeds to the City. (c) Any unspent funds shall revert to the City’s general fund and shall be used for improvements in the communities in immediate proximity to the video lottery facility, as required by State Government Article § 9-1A-31(b)(3)(ii). *History: Ord. 16-509* ### Subtitle 20 – Baltimore Tourism Improvement District #### § 20-1 Definitions. Balt., Md., Code art. 14, § 20-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Association” means an existing private nonprofit destination marketing organization that promotes tourism to Baltimore City and the Convention Center in order to increase the number of visitors to the City that is designated as the “Tourism Improvement District Association” in accordance with this subtitle. (c) “Board” means the Board of Directors of the Association. (d) “Assessed business” means any “hotel” as defined in City Code Article 28, § 21-1(c). (e) “District” means the Baltimore Tourism Improvement District. (f) “District Management Committee” means a committee of the Board with delegated authority regarding the management of the District on behalf of the Association, including the power to direct the expenditure of District funds. (g) “District special assessment” means a special assessment levied on assessed businesses. (h) “Enabling Legislation” means Article II, § 70 of the Charter of Baltimore City, as enacted into law by Chapter 641 of the Laws of Maryland (2018), as the same may be amended from time to time. (i) “Financial plan” means the financial plan, including the budget and District special sssessment to be levied on assessed businesses, as adopted and approved on an annual basis as set forth in this subtitle. (j) “Non-assessed business” means any business in the District that is not an assessed business. *History: Ord. 19-250* #### § 20-2 Findings. Balt., Md., Code art. 14, § 20-2 (2026) (a) The following findings are critical to the exercise of the Authority set forth in the Enabling Legislation. (b) (1) Tourism is a major contributor to Baltimore’s economy, with visitor spending generating approximately $10 billion annually in total industry sales. This activity generates $290 million in taxes and fees to the City of Baltimore annually, revenue that supports valuable City services, while also saving each Baltimore household $680 in annual personal tax contributions. (2) Tourism is a major employer in Baltimore, creating or sustaining more than 85,000 jobs for City residents and across the region each year. (3) In addition to generating jobs and tax revenues, a thriving tourism industry benefits Baltimore by sustaining air travel, creating familiarity, attracting decision makers as well as future residents and workers, and improving the quality of life for all residents. (c) (1) Funding for Baltimore convention sales and tourism promotion is allocated by law to Visit Baltimore, Inc., a private and independent not-for-profit, non-stock corporation, in the form of a percentage share of the City hotel occupancy tax collection. This organization has been historically under-resourced in an increasingly competitive tourism market. For example, market research quantifies a lack of overall awareness about and interest in Baltimore as a preferred tourism destination. These challenges can be addressed through increased sales and marketing activities. (2) Visit Baltimore is poised to deliver the enhanced marketing and sales infrastructure required to generate impact pending sufficient resources – and the hotel community has identified an opportunity for a self-funding and industry-managed mechanism, involving no new taxes for local residents, to support these programs. (3) The ultimate goal of these programs will be to drive increased overnight visitation, in turn, supporting the bottom line of not only the city’s hotel community, but also, benefitting all visitor-facing businesses as well as City residents through additional economic and quality of life benefits for the City of Baltimore. (d) (1) A tourism improvement district is a proven mechanism by which assessed business owners within a defined area can agree to impose a special assessment on themselves in order to provide enhanced and supplemental services designed to increase tourism within the district and benefit the assessed businesses paying the special assessment. (2) Tourism improvement districts have been created in over 160 destinations in 14 states across the country, and the reports received suggest that they are almost uniformly highly successful in achieving their objectives. (3) Critical to any tourism improvement district is the creation of a partnership between the public and private sector, with the public sector committing to maintain funding for tourism promotion services at specified levels and the private sector agreeing to accept new special assessments for the purpose of supplementing publicly funded tourism promotion services. (4) A tourism improvement district in this City cannot be successful without the full cooperation of the City and the assessed businesses within the District. (e) (1) The Council has considered the materials compiled by Visit Baltimore regarding the creation of the Baltimore Tourism Improvement District and the pattern of success for such districts elsewhere. (2) The Council finds that establishing the Baltimore Tourism Improvement District is an important and vital element of the long-term health and growth of City’s tourism industry and the City. (3) The Council finds that a special assessment system for the Baltimore Tourism Improvement District should be uncomplicated, direct, and fair. The system provided for in this subtitle satisfies such criteria. (4) The Council finds that the Baltimore Tourism Improvement District should encourage the involvement of minorities in the operation of the District and in the business community itself. *History: Ord. 19-250* #### § 20-3 District created; Boundaries. Balt., Md., Code art. 14, § 20-3 (2026) (a) There is a tourism improvement district, to be known as the “Baltimore Tourism Improvement District” (the “District”). (b) The boundaries of the District are the same as the corporate boundaries of the City of Baltimore. *History: Ord. 19-250* #### § 20-4 Association designated. Balt., Md., Code art. 14, § 20-4 (2026) (a) Visit Baltimore, Inc. is hereby designated as the District’s Association. (b) The governing body of the Association is shall be its Board of Directors. (c) The purpose of the Association regarding the District is to: (1) administer the District programs and activities; (2) promote and market the District; and (3) provide other marketing, promotion, and destination development services, provided that the services and function shall be provided within the District, or, within areas adjoining or adjacent to the District. *History: Ord. 19-250* #### § 20-5 Powers and functions of Association. Balt., Md., Code art. 14, § 20-5 (2026) (a) The Association may exercise only those powers regarding the District that are provided for in this subtitle. (b) The Association shall have the power to: (1) conduct District programs and activities, promote and market the District, and provide other marketing, promotion, and destination development services; (2) acquire, hold, and use property necessary to achieve the District’s purposes; (3) enter into contracts for the provision of District services; (4) sue and be sued; (5) borrow and accept grants; (6) employ and discharge personnel; (7) propose, in the District’s financial plan, the District special assessments in accordance with § 20-8 of this subtitle; (8) adopt, amend, and modify bylaws of the District Management Committee, subject to the approval of the Board of Estimates; (9) establish and elect officers, and provide for the terms of office and duties of the officers; (10) contract for and purchase goods and services in accordance with City ordinances and policy requiring achievement of goals regarding minority and women’s business enterprises; and (11) do all things necessary or convenient to carry out the purposes of the District under this subtitle. (c) The powers of the Association shall be broadly interpreted in order to allow the Association to achieve the goals of the Enabling Legislation. *History: Ord. 19-250* #### § 20-6 Limitations on Association. Balt., Md., Code art. 14, § 20-6 (2026) (a) (1) The Association is not and may not be deemed an agency of the Mayor and City Council of Baltimore or of the State of Maryland. (2) The officers and employees of the Association are not and may not act as agents or employees of the Mayor and City Council of Baltimore or of the State of Maryland. (b) (1) The Association may not exercise any police or general powers other than those authorized by State law or City ordinance. (2) The Association may not pledge the full faith or credit of the City. (3) The Association may not impose any District special assessments in excess of those approved by the Board of Estimates. (4) The Association may not exercise the power of eminent domain. (5) Except as otherwise provided in § 20-17 of this subtitle, the Association may not revert charges or District special assessments collected to the General Fund of the City. *History: Ord. 19-250* #### § 20-7 District Management Committee. Balt., Md., Code art. 14, § 20-7 (2026) (a) (1) The District Management Committee shall be a committee of the Association’s Board. (2) Notwithstanding any other provision of this subtitle, any and all powers and authority of the Association or its Board regarding the management of the District including, without limitation, the power to direct the expenditure of District funds, shall be delegated to, and shall be exercised by, the District Management Committee. (b) (1) The voting members of the District Management Committee shall be District assessed business owners, or, when the District assessed business owner is a corporation, limited liability company, partnership, trust, or any other legal entity, representatives of the District assessed business owners of an assessed business in the District that is subject to the District special assessments under this subtitle. (2) The District Management Committee shall include owners or representatives of District assessed businesses with 1-75 rooms, assessed businesses with 76-200 rooms, and assessed businesses with 201 rooms and more. (3) The District Management Committee shall include owners or representatives of District assessed businesses from diverse geographic areas throughout the District. (c) The terms of the members of the District Management Committee may be staggered from time to time in order to promote both rotation of new members and continuity of governance. (d) (1) The District Management Committee shall have the power to direct the expenditure of District funds. (2) The District Management Committee may delegate to the president and chief executive officer of the Association the authority to discharge District Management Committee duties deemed appropriate and necessary by the District Management Committee in accordance with § 20-8 of this Subtitle. (e) Subject to the approval of the Board of Estimates, the District Management Committee may adopt bylaws as it considers necessary to carry out the powers of the District Management Committee. (f) (1) The District Management Committee shall select from among its members an individual to serve as the chair of the District Management Committee. (2) The chair shall serve at the pleasure of the District Management Committee. (3) The District Management Committee may delegate to the chair those powers and responsibilities that the District Management Committee considers appropriate. (g) Except as may otherwise be provided in the District Management Committee’s bylaws: (1) at any meeting of the District Management Committee, a majority of the committee members shall constitute a quorum; and (2) the affirmative vote of a majority of committee members voting at a meeting for which a quorum is present is required to approve any action by the District Management Committee. *History: Ord. 19-250* #### § 20-8 Annual financial plan. Balt., Md., Code art. 14, § 20-8 (2026) (a) The District Management Committee shall adopt an annual financial plan, based on the City’s fiscal year, consisting of at least a budget and a proposed District special assessment to be levied on assessed businesses. (b) Before adopting the financial plan and making recommendations to the City, the District Management Committee shall arrange for a public hearing on the proposed financial plan. Notice of the hearing must be published in a newspaper of general circulation in Baltimore City at least once a week for 3 consecutive weeks. (c) The District Management Committee may not approve a financial plan that includes District special assessments in excess of those approved by the Board of Estimates. *History: Ord. 19-250.* *History: Ord. 22-124* #### § 20-9 District special assessment. Balt., Md., Code art. 14, § 20-9 (2026) (a) (1) The Board of Estimates shall obtain from the Director of Finance the “assessable base” of the District, which shall include a listing by individual assessed business and a calculation of the sum of assessments on assessed businesses subject to the District special assessment. (2) The District special assessment shall be levied on all assessed businesses at a uniform rate. (3) The Board of Estimates shall ensure that the District special assessment proposed in the financial plan is sufficient to pay for the annual expenses of the District. (4) The Board of Estimates shall determine with finality the assessable base on which the District special assessment will be levied. (b) (1) Funding for Association operations shall be provided by the District special assessment levied on assessed businesses as determined under subsection (a) of this section. (2) The District special assessment shall be assessed and collected in conjunction with the City hotel tax assessed and collected by the City, unless otherwise established by the Board of Estimates. (3) Except as otherwise provided in this subtitle: (i) the District special assessment shall be enforced in the same way as the City hotel tax is enforced; and (ii) all provisions that apply to assessments, refunds, collections, and enforcement of the City hotel tax shall apply to the District special assessment. (c) The District special assessment shall be determined as follows: (1) The rate of any District special assessment must be approved by a two-thirds vote of the District Management Committee’s members voting at a meeting at which a quorum is present. (2) For the first full budget year, the rate of the District special assessment shall be set to raise revenues estimated to equal the costs of establishing the District and implementing the initial financial plan. (3) Subject to paragraph (1) of this subsection, for any year after the first full budget year, the rate of the District special assessment may be adjusted to yield revenues estimated to equal the costs of administering the District as set forth in the financial plan. (d) (1) All exemptions that exist for the City hotel tax shall apply to the District special assessment. (2) At the request of a customer and on receipt of supporting documentation, assessed businesses may grant an exemption from the District special assessment for room nights booked pursuant to contracts executed prior to the establishment date of the District. (e) (1) The District special assessment is levied upon and is a direct, sole obligation of the assessed business. (2) The assessed business may, in its discretion, pass the District special assessment on to its customers, provided that: (i) the amount of the District special assessment is disclosed in advance to the customer and separately stated from the amount of consideration charged and any other applicable taxes; and (ii) each customer receives a receipt for payment from the assessed business disclosing the District special assessment payment as the “Baltimore Tourism Assessment”. *History: Ord. 19-250* #### § 20-10 Baseline City funding. Balt., Md., Code art. 14, § 20-10 (2026) To the extent of its authority, the Mayor and City Council shall maintain the requisite level of funding of the Association as set forth in the Baltimore City Charter Article II, § 40(e) and may not reduce the existing funding provided by the City in the District due to the establishment of the District or the designation of the Association. *History: Ord. 19-250* #### § 20-11 Partnerships. Balt., Md., Code art. 14, § 20-11 (2026) (a) The Association is authorized and encouraged to enter into partnerships with both non-assessed businesses and with lodging and other businesses in adjoining areas outside of the corporate boundaries of the City of Baltimore (“exempt partners”) for the purpose of furthering the broad objectives of increasing tourism in the District and adjoining areas. (b) In furtherance of that objective, the Association may: (1) contract to provide varying levels of services to non-assessed businesses in areas adjoining the District; (2) agree to accept donations, contributions, and other voluntary payments of any kind from exempt partners (collectively, “voluntary payments”), with or without agreements regarding specific services and functions; (3) enter into agreements with exempt partners to include non-assessed businesses owned by those exempt partners within or adjoining to the District in return for voluntary payments or commitments regarding the provision of similar services and functions for the benefit of non-assessed businesses owned by exempt partners; and (4) establish rates and charges for the provision of services to exempt partners. (c) The Association may not enter into any partnerships or agreements pursuant to this section that require the expenditure of District funds without the prior approval of the District Management Committee. *History: Ord. 19-250* #### § 20-12 Collection and disbursement. Balt., Md., Code art. 14, § 20-12 (2026) (a) The Association shall establish with the appropriate City agencies the methods by which the District special assessment is to be published, collected, and disbursed to the Association. (b) Except as provided in subsection (c) of this section, amounts collected by the City on behalf of the Association: (1) may not be included in the revenues of the City; (2) are not and may not be deemed to be subject to the budgetary and appropriation process; and (3) shall be disbursed promptly on collection. (c) The City may retain 1.5% of the amount of District special assessment collected to cover its costs related to collection, assessment, disbursement, record-keeping, and enforcement of the District special assessment. (d) (1) The Department of Finance may collect the District special assessment. (2) The assessment for the District special assessment may be included as a separate line item on the City hotel tax collection form. (3) The Department of Finance shall make regular remittances of the amount collected to the Association within 60 days of receipt. A record of all remittances provided to the Association shall be provided to the District Management Committee. (e) The penalties and interest applicable to delinquent City hotel taxes shall be applied to delinquencies in payment of the District special assessment. *History: Ord. 19-250* #### § 20-13 Administration of the District. Balt., Md., Code art. 14, § 20-13 (2026) (a) The president and chief executive officer of the Association is responsible for the day-to-day operations of the Association and its employees and contractors. (b) The president and chief executive officer may: (1) prepare the financial plan for review and approval by the District Management Committee; (2) implement the approved financial plan and arrange for the collection and disbursement of the District special assessment and all revenues of the Association; (3) establish procedures and processes necessary to perform the functions called for under the financial plan and the budget; (4) hire and retain employees, agents, and contractors as needed to perform the president and chief executive officer’s functions for the Association; (5) exercise the powers granted to the Association by this subtitle, except that the District Management Committee retains final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Association related to District funds; and (6) exercise the additional rights, powers, and authority delegated to the president and chief executive officer by the District Management Committee. *History: Ord. 19-250* #### § 20-14 Oversight by Board of Estimates. Balt., Md., Code art. 14, § 20-14 (2026) (a) The Board of Estimates has the following powers with regard to the District and the Association. (b) (1) The financial plan and the District special assessment rate are subject to the approval by the Board of Estimates. (2) The District Management Committee shall submit all materials at least 2 months before the proposed effective date of a budget or District special assessment. (3) In considering a proposed budget and District special assessment rate, the Board of Estimates may not exceed or increase either the budget or the District special assessment rate beyond those proposed by the District Management Committee. (c) To the extent required by the Enabling Legislation, the Board of Estimates shall approve the bylaws and any proposed amendments of the District Management Committee. (d) The Board of Estimates is the final arbiter and decision maker regarding the approval and renewal process for the District. *History: Ord. 19-250* #### § 20-15 Petition process. Balt., Md., Code art. 14, § 20-15 (2026) (a) (1) The District shall be approved and established following a petition process, as set forth in this section. (2) Each petition shall include: (i) a signature page for assessed business owners or duly authorized representatives to submit their written approval for the formation of the District; (ii) a map showing the boundaries of the District; and (iii) a brief summary of the details of the proposed District. (b) (1) Petitions, with a signature of assessed business owners or their duly authorized representatives, shall be returned to the Board of Estimates. (2) The Board of Estimates shall certify that the District is approved for formation and the Association is approved as the District’s Association, if it determines that: (i) 54% of all assessed businesses have submitted petitions in favor of the formation of the District; and (ii) 54% of the total room count of all assessed businesses within the District have submitted petitions in favor of the formation of the District. *History: Ord. 19-250* #### § 20-16 Renewal. Balt., Md., Code art. 14, § 20-16 (2026) (a) No later than 10 years after the establishment of the District, and every 10 years following, the District shall be renewed. (b) The renewal process shall follow the petition process set forth in § 20-15 of this subtitle. *History: Ord. 19-250* #### § 20-17 Dissolution of District. Balt., Md., Code art. 14, § 20-17 (2026) (a) If the District is not approved as provided in § 20-15 of this subtitle, or is not renewed as provided in § 20-16 of this subtitle, the Association shall cease its operations related to the District, and the District shall cease to exist, at the end of the City’s fiscal year in which the terminating event occurs. (b) (1) During the operation of the District, there shall be a 30-day period each year in which assessed business owners may petition to dissolve the District. (2) The first such 30-day request period shall begin on the second anniversary of the date of establishment of the District. Each successive anniversary of such date shall start the same 30-day period in which dissolution may occur. (3) In order to dissolve the District, the assessed business owners shall follow a petition process matching the requirements set forth in § 20-15(a)(2) of this subtitle. Petitions, with signatures of assessed business owners or their duly authorized representatives, shall be returned to the Board of Estimates. (4) the Board of Estimates shall certify that the District is approved for dissolution, if the Board of Estimates determines that at least: (i) 66% of all assessed businesses within the District have submitted petitions in favor of the dissolution of the District; and (ii) 66% of the total room count of all assessed business within the District have submitted petitions in favor of the dissolution of the District. (5) Upon certification that the District is approved for dissolution, the Association shall cease its operations related to the District, and the District shall cease to exist, at the end of the City’s fiscal year in which the certification occurs. (c) (1) If the City Council finds that there has been a misappropriation of funds, malfeasance, or violation of law in connection with the management of the District, the City Council shall hold one or more public hearings to consider the dissolution of the District. (2) At the conclusion of the public hearings, the City Council may determine whether legislative action is necessary to dissolve the District. (d) In the event of District dissolution described in subsections (a) or (b) of this section, the District Management Committee shall continue its existence only as long as necessary to: (1) terminate operations related to the District in a reasonable fashion; and (2) arrange for the refunding of all funds not needed to satisfy outstanding obligations and reserves for uncertain obligations and liabilities. (e) Any unspent funds shall be refunded to the assessed business owners by applying the same method and basis that was used to calculate the District special assessments that were levied. *History: Ord. 19-250* *History: Ord. 22-124* ## Article 15 – Licensing and Regulation ### Subtitle 1 – Adult-Entertainment Businesses #### Part I – Definitions; General Provisions ##### § 1-1 Definitions. Balt., Md., Code art. 15, § 1-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) (i) In this subsection, the following terms have the meanings indicated. (ii) “Nudity” means: (A) the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; (B) the showing of the female breast with less than a fully opaque covering over any part below the top of the nipple; or (C) the depiction of covered male genitals in a discernibly turgid state. (iii) “Partial nudity” means a state of dress in which opaque clothing covers no more than: (A) the human male or female genitals, pubic area, or buttocks; (B) the female breasts below the top of the nipples; and (C) portions of the body covered by supporting straps or devices. (2) “Adult entertainment” means live entertainment: (i) in which individuals appear for public view in a state of nudity or partial nudity; (ii) that is intended to provide sexual stimulation or sexual gratification; (iii) that is distinguished or characterized by an emphasis on material that depicts, describes, or relates to: (A) human genitals in a discernible state of sexual stimulation or arousal; or (B) acts of human masturbation, sexual intercourse, sodomy, or physical contact with an individual’s clothed or unclothed genitals, pubic area, buttocks, or, if the individual is female, breast; or (iv) that, applying contemporary standards, the average individual would find, taken as a whole, appeals to the prurient interest. (c) “Adult-entertainment business” means any cabaret, lounge, night club, modeling studio, or other establishment that offers its customers adult entertainment. (d) “Board” means the Board of Liquor License Commissioners for Baltimore City. (e) (f) *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* *History: Ord. 22-125* ##### § 1-2 Balt., Md., Code art. 15, § 1-2 (2026) Reserved ##### § 1-3 Rules and regulations. Balt., Md., Code art. 15, § 1-3 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board may adopt rules, regulations, and forms to carry out the provisions of this subtitle. (b) In accordance with General Provisions Article § 4-301: (1) the Board must publish, for public hearing and comment, notice of all rules, regulations, and forms proposed for adoption under this subtitle; and (2) notice of the date, time, and location of the hearing must be published at least 15 days before the hearing. (c) After the public hearing and comment period, the Board may adopt the final rules, regulations, and forms with an effective date of at least 15 days after the date of their adoption. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* *History: Text Conformed 03/01/21* ##### § 1-4 Scope. Balt., Md., Code art. 15, § 1-4 (2026) Nothing in this subtitle is intended to permit any activity that is otherwise prohibited by federal, state, or local law. *History: Ord. 99-417* ##### §§ 1-5 to 1-6 Balt., Md., Code art. 15, § 1-5 to 1-6 (2026) Reserved #### Part 2 – Licensing ##### § 1-7 License required. Balt., Md., Code art. 15, § 1-7 (2026) A person may not own or operate any adult-entertainment business without having first obtained an adult-entertainment business license as provided in this subtitle. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-8 Applications — In general. Balt., Md., Code art. 15, § 1-8 (2026) (a) The owner and operator of the adult-entertainment business must apply jointly to the Board for the license. (b) The application must be in the form and contain the information that the Board requires. (c) (1) An application for an adult-entertainment business license must be made on or before the date of applying for the conditional use approval required under the Zoning Code. (2) The adult-entertainment business license may not become effective unless a conditional use has been approved and any right of appeal contesting that approval has been exhausted. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-9 Applications — responsible party. Balt., Md., Code art. 15, § 1-9 (2026) (a) The application of every owner and operator must be made as follows: (1) if a corporation, by its chief executive officer; (2) if a partnership, by its managing partner; or (3) if a proprietorship, by its owners. (b) All information required in the application about an applicant must be given with respect to the individuals making the application, and the determination of the Board must be based on the eligibility of those individuals. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-10 Investigation of applicants. Balt., Md., Code art. 15, § 1-10 (2026) On receipt of the application, the Board must investigate the character and qualifications of the applicants. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-11 Qualifications. Balt., Md., Code art. 15, § 1-11 (2026) (a) An adult-entertainment business license may not be issued to any person to own or operate an adult-entertainment business unless the applicant: (1) based on the considerations specified in subsection (b) of this section, is of good moral character; (2) is at least 18 years of age; and (3) within the preceding 3 years, has not been convicted of or pleaded guilty or nolo contendere in any jurisdiction to a felony involving: (i) moral turpitude; (ii) controlled dangerous substances; (iii) prostitution; (iv) obscenity; or (v) any other crime that is sexual in nature. (b) In determining moral character, the Board must consider: (1) all criminal convictions of the applicant; and (2) the business history of the applicant. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-12 Posting; objections. Balt., Md., Code art. 15, § 1-12 (2026) (a) On filing an application for a license (other than a renewal license), the applicant must post the proposed location for 15 days, in accordance with the Board’s rules and regulations. (b) If, within the 15-day posting period, the Board receives no more than 9 written objections from property owners or residents within the same election precinct as the proposed location, the adult-entertainment business license may be issued. (c) (1) If, within the 15-day posting period, the Board receives 10 or more written objections from property owners or residents within the same election precinct as the proposed location, the Board must hold a hearing on the matter. (2) Unless the applicant agrees to a later date, the hearing must be held within 15 days after the last day of the 15-day posting period. (3) At the hearing, parties in interest and citizens must be given an opportunity to be heard. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-13 Decision on application. Balt., Md., Code art. 15, § 1-13 (2026) (a) The Board must notify the applicant in writing of its decision to grant or deny the license as follows: (1) if no hearing is held under § 1-12(c) of this subtitle, within 15 days after the last day of the 15-day posting period; and (2) if a hearing is held under § 1-12(c) of this subtitle, within 15 days after conclusion of the hearing. (b) (1) Any denial of an adult-entertainment business license must be based solely on the qualifications set forth in § 1-11 of this subtitle. (2) The notice of a denial must: (i) specify the reasons for the denial; and (ii) notify the applicant of the opportunity to request a hearing under § 1-30 of this subtitle. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-14 Term and renewal of licenses. Balt., Md., Code art. 15, § 1-14 (2026) (a) Each adult-entertainment business license expires annually on June 30 and is renewable as provided in this section. (b) (1) To renew an adult-entertainment business license, the licensee must apply no less than 30 days nor more than 60 days before the license expires. (2) The renewal application must be in the form and contain the information that the Board requires. (c) On filing the renewal application and payment of the renewal fee, the Board may approve the application, except as provided in subsection (d) of this section. (d) (1) If, before the end of the renewal period, 10 or more written objections from property owners or residents within the same election precinct as the licensed premises are filed with the Board, the Board must hold a public hearing on the proposed renewal. (2) Parties in interest and citizens must be given an opportunity to be heard. (3) Any denial of a renewal license must be based solely on the standards set forth in § 1-28 of this subtitle. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-15 Fee for license. Balt., Md., Code art. 15, § 1-15 (2026) (a) The annual license fee is $1,000 for each adult-entertainment business, payable on or before June 30 of each year. (b) The license fee for less than a full initial year is prorated quarterly. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-16 Waiting period after denial. Balt., Md., Code art. 15, § 1-16 (2026) If the Board denies an adult-entertainment business license or renewal license, the applicant may not reapply for at least 9 months from the date of the Board’s final decision or, if that decision was appealed, from the date of the final court decision. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-17 Transfer of license. Balt., Md., Code art. 15, § 1-17 (2026) An adult-entertainment business license is not transferable to a new owner or operator without a new application to the Board. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### §§ 1-18 to 1-19 Balt., Md., Code art. 15, § 1-18 to 1-19 (2026) Reserved #### Part 3 – Standards of Operation ##### § 1-20 Hours of operation. Balt., Md., Code art. 15, § 1-20 (2026) (a) Except as provided in subsection (b) of this section, no live adult entertainment may be conducted between the hours of 2 a.m. and noon. (b) If the State changes the closing time for holders of alcoholic beverage licensees, that closing time will apply to adult-entertainment businesses. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-21 Entrances and exteriors of premises. Balt., Md., Code art. 15, § 1-21 (2026) (a) Exterior entrance doors: (1) must be kept closed so that adult entertainment activities are not visible from the exterior of the building; and (2) may be opened only: (i) to permit entry and exit; or (ii) for cleaning or ventilation during nonoperational hours. (b) The conduct of adult entertainment may not be visible at any time from the exterior of the premises in which it is conducted. (c) The premises of each adult-entertainment business must have a vestibule or lobby enclosed by immobile walls and consisting of a passage, hall, or room between the outer door facing the street and the part of the premises where the adult entertainment is conducted. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-22 “Barking”. Balt., Md., Code art. 15, § 1-22 (2026) Any attempt to urge, invite, or entice people to enter the premises of an adult-entertainment business is prohibited anywhere within 50 feet of the premises. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-23 Owner, etc., to prevent nuisance. Balt., Md., Code art. 15, § 1-23 (2026) Every owner, operator, and manager of an adult-entertainment business must exercise proper care and control to prevent the business or its operations from becoming or creating a public nuisance, whether by the generation of noise, the blocking of public ways, or otherwise. *History: Ord. 99-417* ##### § 1-24 Balt., Md., Code art. 15, § 1-24 (2026) Reserved ##### § 1-25 License to be posted. Balt., Md., Code art. 15, § 1-25 (2026) The person to whom an adult-entertainment business license is issued must display it in the lobby, vestibule, or other prominent place on the premises. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-26 Balt., Md., Code art. 15, § 1-26 (2026) Reserved ##### § 1-27 Balt., Md., Code art. 15, § 1-27 (2026) Reserved #### Part 4 – Administrative Sanctions ##### § 1-28 Denial, suspension, or revocation. Balt., Md., Code art. 15, § 1-28 (2026) (a) The Board may deny, suspend, or revoke an adult-entertainment business license or renewal license for any of the following causes: (1) failing to pay the applicable license fee on or before the due date; (2) making any material false statement in any application for an initial or renewal license; (3) lack of accessibility for fire and police protection; (4) failing to comply with any provision of the City Building, Fire, and Related Codes Article, Health Code Article, or Zoning Code Article; (5) failing to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle; or (6) failing to comply with any provision of any other local, state, or federal law that affects or relates to the operation of the adult-entertainment business. (b) The Board also may deny, suspend, or revoke an adult-entertainment business license or renewal license for the violation, by any owner, operator, or manager of the adult-entertainment business, of any provision of any local, state, or federal law that involves: (1) the manufacture, distribution, possession, or administration of controlled dangerous substances; (2) prostitution, sodomy, perverted sexual practices, or a bawdy house or disorderly house; or (3) obscene matter or immoral practices. (c) The Board also may deny, suspend, or revoke an adult-entertainment business license or renewal license for the violation, by any employee, agent, independent contractor, or vendor of the adult-entertainment business, of any law referred to in subsection (b) of this section, if: (1) the offense occurred on the premises of the adult-entertainment business; and (2) either: (i) the owner, operator, or manager affirmatively or tacitly approved of the offense; (ii) the owner, operator, or manager had actual or constructive knowledge of the offense; (iii) the owner, operator, or manager reasonably should have known of the offense; or (iv) the offense was a result of the owner, operator, or manager’s failure to supervise. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* *History: Ord. 07-552* *History: Ord. 15-427* ##### § 1-29 Fines. Balt., Md., Code art. 15, § 1-29 (2026) For any violation that is cause for suspending or revoking a license, the Board may, instead of or in addition to suspending or revoking the license, impose a civil fine of: (1) for a 1st offense, not more than $500; and (2) for any subsequent offense, not more than $1,000. *History: Ord. 99-417* ##### § 1-30 Notice and hearing. Balt., Md., Code art. 15, § 1-30 (2026) (a) No adult-entertainment business license or renewal license may be denied, suspended, or revoked and no fine may be imposed unless the Board gives the applicant or licensee: (1) at least 10 days’ written notice of the intent to impose sanctions; and (2) an opportunity to be heard as to why sanctions should not be imposed. (b) For the proposed denial of an initial license, a hearing must be held within 30 days of a timely request, unless the applicant agrees to a later date. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-31 Judicial and appellate review. Balt., Md., Code art. 15, § 1-31 (2026) (a) A person aggrieved by a decision of the Board under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) (1) It is the desire and intent of the Mayor and City Council that any review under this section be heard and decided by the Court as expeditiously as possible. (2) To that end, the Board must join in any motion by the appellant for expedited review and cooperate fully with the appellant to obtain an expedited review. (c) (1) The filing of a petition for judicial review does not stay the decision of the Board. (2) However, on motion and after hearing, the Court may grant a stay as provided in the Maryland Rules of Procedure. (d) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* *History: Ord. 04-672* *History: Ord. 19-332* ##### § 1-32 Balt., Md., Code art. 15, § 1-32 (2026) Reserved #### Part 5 – Advisory Task Force ##### § 1-33 Task Force established. Balt., Md., Code art. 15, § 1-33 (2026) There is an Adult-Entertainment Business Advisory Task Force. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-34 Purpose. Balt., Md., Code art. 15, § 1-34 (2026) The purpose of the Advisory Task Force is to advise the appropriate administrative and elected officials on matters related to the conduct of adult-entertainment businesses. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### § 1-35 Appointment and composition. Balt., Md., Code art. 15, § 1-35 (2026) (a) The Advisory Task Force consists of 9 members who serve without compensation. (b) The Mayor appoints the members of the Advisory Task Force, as follows: (1) 2 members from a list of 4 nominees by the Citizens Planning and Housing Association; (2) 1 member from a list of 2 nominees by the Greater Baltimore Committee; (3) 1 member from a list of 2 nominees by the Baltimore City Chamber of Commerce; (4) 3 members, 2 of whom must be members of the Baltimore Entertainment Center, Inc., from a list of 6 nominees by the holders of adult-entertainment business licenses; (5) 1 member from a list of 2 nominees by the Downtown Partnership, Inc.; and (6) 1 member, who must be a member of the Baltimore City Council, nominated by the President of the City Council. (c) (1) The terms of the members are as provided in Article IV, § 6 of the City Charter. (2) No individual may serve more than 2 consecutive terms on the Advisory Task Force. (d) The Mayor designates the chair of the Advisory Task Force. *History: Ord. 93-258* *History: Ord. 94-443* *History: Ord. 99-417* ##### §§ 1-36 to 1-37 Balt., Md., Code art. 15, § 1-36 to 1-37 (2026) Reserved #### Part 6 – Penalties ##### § 1-38 Penalties. Balt., Md., Code art. 15, § 1-38 (2026) (a) Any person who violates, omits, neglects, or refuses to comply with, or resists the enforcement of any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500. (b) Each day that a violation continues after notification constitutes a separate offense. *History: Ord. 31-1247* *History: Ord. 53-711* *History: Ord. 57-830* *History: Ord. 87-1032* *History: Ord. 94-288* *History: Ord. 94-307* *History: Ord. 94-349* *History: Ord. 99-417* ### Subtitle 2 – Amusements #### Part 1 – Billiards ##### § 2-1 License required. Balt., Md., Code art. 15, § 2-1 (2026) (a) No billiard, bagatelle, pool, manhattan, klondike, or rondo table may be erected, set up, kept, or in any respect whatever used for the purpose of gain or public entertainment within the City without a license previously obtained from the Director of Consumer Protection and Business Licensing. (b) Every license granted under this section terminates on January 1 annually. (c) For every license granted under this section, the person obtaining it shall pay to the Director of Finance for the use of the City $130 for each billiard, bagatelle, pool, manhattan, klondike, or rondo table. *History: Rev. Ords. 1858-036* *History: Ord. 1860-046* *History: Ord. 1866-027* *History: Ord. 1867-010* *History: Ord. 1879-031* *History: Ord. 1894-023* *History: Ord. 08-107, Ord. 57-1112* *History: Ord. 70-851* *History: Ord. 77-394* *History: Ord. 90-503* *History: Ord. 99-526* *History: * ##### § 2-2 Prohibited games. Balt., Md., Code art. 15, § 2-2 (2026) Every game or games played upon billiard tables shall be deemed and considered unlawful, and are hereby prohibited, except only the game played with 2 balls, the game played with 3 balls, the game played with 4 balls, and the game commonly called pool, such being the usual games of billiards. *History: Rev. Ords. 1858-036* ##### § 2-3 Hours. Balt., Md., Code art. 15, § 2-3 (2026) It is unlawful for any person having a license to erect or keep a pool or billiard saloon or pool or billiard table as mentioned in § 2-2: (1) to allow any person or persons to play on or use any pool or billiard table between the hours of 1 a.m. and 7 a.m.; or (2) knowingly to allow a minor to play on or use any pool or billiard table, or play at any game in that saloon, or be on the premises, at any time. *History: Ord. 1869-031* *History: Ord. 09-303* *History: Ord. 20-494* *History: Ord. 49-700* *History: Ord. 99-526* ##### §§ 2-4 to 2-5 Balt., Md., Code art. 15, § 2-4 to 2-5 (2026) Reserved #### Part 2 – Bowling Alleys ##### § 2-6 License required. Balt., Md., Code art. 15, § 2-6 (2026) (a) No person may erect, set up, keep, maintain, or in any respect whatever use for amusement or entertainment within the City, any bowling saloon, bowling alley, nine- or ten-pin alley, or any other device or structure, in or upon which 1 or more pins are set up, for the purpose of casting, throwing, pushing, or rolling against the pin or pins, 1 or more balls or other missiles, without having obtained a license therefor. (b) For this license there shall be annually paid a sum computed at the rate of $40 for each separate “lane” or “alley”, with a minimum license fee for any 1 location or premises to be $100 annually. (c) Nothing in this section, however, shall be construed to require any bona fide religious, charitable, educational, or medical institution, operating 7 or fewer “lanes” or “alleys” to obtain a license, as long as any proceeds from the operation of these “lanes” or “alleys” are devoted to charitable purposes exclusively or in furtherance of the purposes of that institution. *History: Rev. Ords. 1858-036* *History: Ord. 57-1114* *History: Ord. 70-863* *History: Ord. 81-287* *History: Ord. 99-526* ##### § 2-7 Hours. Balt., Md., Code art. 15, § 2-7 (2026) It is unlawful for the proprietor of any bowling alley, device, or structure, or for any person who has a permit or license to erect or keep any bowling alley, device, or structure: (1) to allow any person to play on or use the alley, device, or structure, in any manner whatever, after 2 a.m. and before sunrise in the morning; or (2) to allow any minor under 14 years of age to play on or use the bowling alley, device, or structure after 11 p.m. and before sunrise in the morning, unless in the custody of a parent, guardian, or adult. *History: Ord. 1866-014* *History: Ord. 37-474* *History: Ord. 59-1969* *History: Ord. 99-526* ##### §§ 2-8 to 2-10 Balt., Md., Code art. 15, § 2-8 to 2-10 (2026) Reserved #### Part 3 – Amusement Devices ##### § 2-11 Definitions. Balt., Md., Code art. 15, § 2-11 (2026) (a) In this Part 3, the following terms have the meanings indicated. (b) (1) “Amusement device” means any electronic or mechanical device that is designed to provide amusement or entertainment and for which a fee is charged to operate or use. (2) “Amusement device” includes any of the following for which a fee is charged to operate or use: (i) video or electronic game; (ii) computer console or Internet connection; (iii) pinball or console machine; (iv) bowling or shuffleboard machine; (v) pool table or poolette; (vi) target machine; (vii) baseball machine; (viii) riding device; (ix) claw machine, digger, or rotary merchandiser; (x) jukebox or other music player; (xi) player piano; (xii) peep show device; or (xiii) similar device. (3) “Amusement device” does not include: (i) a bona fide vending machine that does not incorporate an amusement or entertainment feature; or (ii) a video lottery terminal licensed by the State under State Government Article, Title 9, Subtitle 1A. (c) “Director” means the Director of Consumer Protection and Business Licensing or the Director’s designee. (d) (e) (f) “Simulated slot machine” means any amusement device equipped with a knock-off device that enables an owner or custodian of the device to remove free plays or other game credits accumulated by a winning player. *History: Ord. 04-706* *History: Ord. 10-337* *History: Ord. 22-125* *History: * ##### § 2-12 Licenses required. Balt., Md., Code art. 15, § 2-12 (2026) (a) (1) No person may permit any amusement device on his, her, or its premises to be used by the public unless the person first obtains from the Director a license for that device. (2) For a simulated slot machine, if the device has been registered by the owner under § 2-13 of this subtitle, the device is exempt from the license fee provided for in § 2-15(a) of this subtitle. (b) No person may own, control, or possess more than 5 simulated slot machines unless that person first obtains from the Director a master’s license. (c) (1) The application for a license must be in the form that the Director requires. (2) In addition to any other information that the Director requires, the application must include: (i) the name, address, and telephone number of the applicant; (ii) a description of the device or devices; (iii) the location of the device or devices; and (iv) the name, address, and telephone number of the owner of the device or devices. (d) A device may be transferred to another licensee or to another location on: (1) approval from the Director; and (2) payment of the required transfer fee. *History: Ord. 04-706* *History: Ord. 10-337* ##### § 2-13 Registration required. Balt., Md., Code art. 15, § 2-13 (2026) (a) The owner of any amusement device that is located in the City must register that device with the Director. (b) (1) The registration must be made in the form that the Director requires. (2) In addition to any other information that the Director requires, the registration must include: (i) the name, address, and telephone number of the owner; (ii) the name, address, and telephone number of any lessee or other person who possesses the device; and (iii) a description of the device. (c) The owner must report to the Director, within 30 days of the event: (1) any newly acquired amusement devices; (2) the transfer of ownership or location of any registered amusement device; and (3) any other change in the registration information provided. *History: Ord. 04-706* *History: Ord. 10-337* ##### § 2-14 Term and renewal. Balt., Md., Code art. 15, § 2-14 (2026) (a) Each license issued and each registration filed under this Part 3 expires annually on December 31, unless renewed. (b) The application for renewal of a license or registration must be made in the form that the Director requires. *History: Ord. 04-706* ##### § 2-15 Fees and taxes. Balt., Md., Code art. 15, § 2-15 (2026) (a) (1) The annual license fee for an amusement device is $180 per device. (2) The annual fee for a simulated slot machine master’s license is $5,000. (3) The fee for a transfer of a licensed device is $10. (b) (1) For simulated slot machines, the annual registration tax is as follows: (i) for each of the first 5 devices – $2,250 per device; (ii) for each additional device up to the 20th – $1,750 per device; and (iii) for each device in addition to 20 – $1,250 per device. (2) For all other types of amusement devices, the annual registration tax is as follows: (i) $200; plus (ii) $50 per device. (c) The annual fee or tax for less than a full initial year is prorated quarterly. (d) No refunds, in whole or in part, may be made of any of the fees or taxes paid under this Part 3. (e) (1) Fees and taxes required to be paid under this Part 3 for simulated slot machines may be made in equal quarterly installments if: (i) an additional service charge is paid with each quarterly payment; (ii) all payments required by this Part for the previous year have been made; and (iii) by January 1 of each year in which quarterly payments are to be made, the person responsible for the payments: (A) makes a written election, in the form required by the Director, to make quarterly payments; and (B) submits to the Director of Finance the full amount of that year’s 1st quarterly installment plus the applicable service charge. (2) (i) Quarterly installments of the license fee and registration tax for a simulated slot machine need not be paid for: (A) as to the license fee, any quarter that follows surrender to the Director of the device’s license, together with evidence satisfactory to the Director that the device has been taken out of service for the rest of the license year; and (B) as to the registration tax, any quarter that follows surrender to the Director of the device’s registration, together with evidence satisfactory to the Director that the device has been removed from the City for the rest of the license year. (ii) If a master licensee surrenders the license and registration for 1 or more devices under this paragraph, together with evidence satisfactory to the Director that the devices have been taken out of service or removed from the City, as the case may be, for the rest of the license year, and is left with 5 or fewer devises being owned, controlled, or possessed by the licensee, the licensee may surrender the master license to the Director and need not pay any quarterly installment for any quarter that follows the surrender. (3) The rules and regulations adopted under § 2-17 of this subtitle must establish: (i) the amount of the service charge to be paid with each quarterly installment; and (ii) a schedule indicating when quarterly payments are due each year. *History: Ord. 04-706* *History: Ord. 10-337* *History: Ord. 10-356* *History: Ord. 11-579* *History: Ord. 22-124* *History: * ##### § 2-16 License to be posted. Balt., Md., Code art. 15, § 2-16 (2026) The license for each amusement device must be: (1) securely affixed to the device; or (2) prominently displayed on the premises. *History: Ord. 04-706* ##### § 2-17 Rules and regulations. Balt., Md., Code art. 15, § 2-17 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director shall adopt and enforce rules and regulations to carry out this Part 3. *History: Ord. 04-706* *History: Ord. 10-337* *History: Text Conformed 03/01/21* ##### § 2-17.1 Bounty for unlicensed, etc., devices. Balt., Md., Code art. 15, § 2-17.1 (2026) (a) The rules and regulations adopted under § 2-17 of this subtitle shall establish, subject to the appropriation of funds as approved by the Board of Estimates, a bounty program to reward persons who report devices being operated without the license or registration required by this Part. (b) The reward for a report shall be a set percentage, as specified in the rules and regulations but not to exceed 50%, of all fines and penalties that the City collects as a result of the report. *History: Ord. 10-337* ##### § 2-18 Operating without license. Balt., Md., Code art. 15, § 2-18 (2026) (a) If an amusement device is operated without a license or registration required by this subtitle, the Director shall issue a written order to the proprietor or other person in charge of the premises to: (1) immediately render the device inoperable; and (2) within 5 working days of the order: (i) obtain the required license or registration; or (ii) remove the device from the premises. (b) The Director may confiscate the amusement device or render it inoperable if: (1) the device is not immediately rendered inoperable, as ordered under subsection (a)(1) of this section; (2) after having been rendered inoperable, the device is placed back in operation without the required license or registration; or (3) the required license or registration is not obtained within the period specified in subsection (a)(2) of this section and the device has not been removed from the premises. (c) (1) If an amusement device is confiscated by the Director under this section, the owner may redeem the device on payment of: (i) a recovery charge, as established by the Board of Estimates from time to time; and (ii) all outstanding registration and licensing taxes, fees, interest, and penalties. (2) The recovery charge will be set to cover the costs of transportation, storage, and other related expenses. (3) If a device is not redeemed within 180 days after its confiscation, the device is considered abandoned. (d) (1) If an amusement device is rendered inoperable by the Director under this section, the owner may have the device reinstated on payment of: (i) a reinstatement charge, as established by the Board of Estimates from time to time; and (ii) all outstanding registration and licensing taxes, fees, interest, and penalties. (2) The reinstatement charge will be set to cover all costs associated with rendering the device inoperable and operable. *History: Ord. 04-706* *History: Ord. 10-337* ##### § 2-19 Penalties. Balt., Md., Code art. 15, § 2-19 (2026) (a) Any person who violates any provision of this Part 3 or of a rule or regulation adopted under this Part 3 is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 04-706* ##### § 2-20 Balt., Md., Code art. 15, § 2-20 (2026) Reserved #### Part 4 – Pinball Machines Operated by Minors ##### § 2-21 Minors under 16. Balt., Md., Code art. 15, § 2-21 (2026) It is unlawful for the proprietor or person in charge of any premises on which there is a pinball machine (as that term is described and characterized in this article), which is or should be licensed under this article, to permit any person under 16 years of age to operate that device at any time. *History: Ord. 56-664* *History: Ord. 99-526* ##### § 2-22 Minors 16 or older. Balt., Md., Code art. 15, § 2-22 (2026) It also is unlawful for the proprietor or person in charge of the premises to permit any minor 16 years old or older to operate the device between the hours of 8:00 a.m. and 4:00 p.m. on any day between September 1 of any year and June 15 of the following year, except on Sundays and public school holidays if otherwise permitted by law. *History: Ord. 49-699* *History: Ord. 56-664* *History: Ord. 99-526* ##### § 2-23 Identification required. Balt., Md., Code art. 15, § 2-23 (2026) Any proprietor or person in charge who is asked to permit the playing of the device by any person whom he has reason to believe may be a minor within the terms of this subtitle, shall require identification and proof of age from the applicant. *History: Ord. 56-664* *History: Ord. 99-526* ##### §§ 2-24 to 2-30 Balt., Md., Code art. 15, § 2-24 to 2-30 (2026) Reserved #### Part 5 – Theaters, Halls, etc. ##### § 2-31 License required. Balt., Md., Code art. 15, § 2-31 (2026) It shall be the duty of the owner of a for profit theater, motion picture theater, hall used for entertainment, sports center, or museum, before permitting any person to use such facility for gain, to obtain a license from the Director of the Department of Consumer Protection and Business Licensing for an annual fee of $165. *History: Rev. Ords. 1858-038* *History: Ord. 90-517* *History: * ##### § 2-32 Minors on premises, etc. Balt., Md., Code art. 15, § 2-32 (2026) (a) It is unlawful for any owner, operator, servant, agent, or employee of any theater, concert hall, dance hall, club, or other place of public amusement knowingly to permit on the premises of that place of public amusement, between the hours of 9 a.m. and 3 p.m., any child under the age of 16, unless: (1) the child is accompanied by his or her parent or guardian; (2) the child has a permit issued by the Board of Education or the principal of the parochial or private school having jurisdiction, authorizing his or her absence from school; or (3) the school at which the child is enrolled is not in session. (b) It also is unlawful for any owner, operator, servant, agent, or employee of any theater, concert hall, dance hall, club, or other place where public amusement is provided, including those places where coin-operated amusement devices, including electronic games, are provided for the public use, to knowingly permit the operation of these coin-operated amusement devices, including electronic games, between the hours of 9 a.m. and 3 p.m. by any child under the age of 16, unless the school at which the child is enrolled is not in session. *History: Ord. 46-383* *History: Ord. 82-819* *History: Ord. 99-526* ##### § 2-33 Minors at burlesque shows. Balt., Md., Code art. 15, § 2-33 (2026) It is unlawful for any owner, operator, servant, agent, or employee of any burlesque show, whether it be held in a permanent theater, side show, carnival, or by a private organization, to allow on the premises any child, male or female, under the age of 16. *History: Ord. 46-382* ##### §§ 2-34 to 2-35 Balt., Md., Code art. 15, § 2-34 to 2-35 (2026) Reserved #### Part 6 – Dance and Music ##### § 2-36 Dancing schools. Balt., Md., Code art. 15, § 2-36 (2026) (a) A license is required for regular dancing academies or places used for instruction in the art of dancing. (b) [The licensee] shall pay an annual license fee of $50 for such privilege. *History: Ord. 1864-010* *History: Ord. 13-265* *History: Ord. 57-1105* *History: Ord. 76-067* *History: Ord. 77-393* *History: Ord. 90-502* ##### § 2-37 Fee for musical parties. Balt., Md., Code art. 15, § 2-37 (2026) (a) The tax or license for musical parties shall be: (1) $5 per night, when the admission fee does not exceed 25¢; (2) $8 per night, when it exceeds 25¢ but not over 50¢; and (3) $10 per night, when it exceeds 50¢. (b) But the Director of Consumer Protection and Business Licensing is authorized to grant, free of expense, all applications for license for concerts or performances of any kind, where the proceeds are intended for charitable purposes. *History: Rev. Ords. 1858-037* *History: Ord. 57-1105* *History: * ##### §§ 2-38 to 2-40 Balt., Md., Code art. 15, § 2-38 to 2-40 (2026) Reserved #### Part 7 – Animated Riding Devices ##### § 2-41 Definitions. Balt., Md., Code art. 15, § 2-41 (2026) (a) In this Part 7, the following terms have the meanings indicated. (b) “Amusement device” has the meaning stated in § 2-11 of this article. (c) (1) “Animated riding device” means an amusement device that provides a moving ride or activated operation. (2) “Animated riding device” includes any rocking horse, airplane, boat, spaceship, or similar device. *History: Ord. 57-1130* *History: Ord. 04-706* ##### § 2-42 License required; fee. Balt., Md., Code art. 15, § 2-42 (2026) (a) No person, firm, corporation, or other entity may operate any animated riding device unless the device is licensed under Part 3 of this subtitle. (b) Notwithstanding the fees set in Part 3 of this subtitle, the annual fee for an animated riding device license is $25 per device. *History: Ord. 57-1130* *History: Ord. 76-067* *History: Ord. 77-395* *History: Ord. 04-706* ##### § 2-43 Inspections. Balt., Md., Code art. 15, § 2-43 (2026) (a) Before issuing any such license, the Director of Consumer Protection and Business Licensing shall have such animated riding device inspected by the Commissioner of Housing and Community Development and shall obtain from him a certificate to the effect that the animated riding device has been inspected and is mechanically safe for operation. (b) As a condition for retaining any such license, the applicant shall present to the Director of Consumer Protection and Business Licensing at intervals of not more than 6 months thereafter, a similar certificate of inspection and safe condition. *History: Ord. 57-1130* *History: Ord. 76-067* *History: * ##### § 2-44 Financial responsibility. Balt., Md., Code art. 15, § 2-44 (2026) (a) The Director of Consumer Protection and Business Licensing shall require each applicant for a license herein provided for to furnish proof of financial responsibility in the form of a written certificate from an insurance carrier authorized to transact business in the State of Maryland. (b) Said certificate shall state that the applicant is insured against liability for damage including death or injury to persons and damage to property due to faulty equipment or negligence, and indemnifying the City against any suit or suits, losses, claims, damages, or expense to which the City may be subjected by reason of any damage to property or person, including death, or injury to the public highways and other public property done in or in connection with the transportation, erection, operation, maintenance, and supervision of such animated riding devices and said certificate shall be provided in an amount which in the discretion of the Director of Consumer Protection and Business Licensing will adequately protect the public. *History: Ord. 57-1130* *History: Ord. 76-067* *History: * ##### § 2-45 Nonresidents. Balt., Md., Code art. 15, § 2-45 (2026) (a) Where the applicant is a nonresident, said applicant and said insurance carrier shall execute a power of attorney authorizing the Director of Consumer Protection and Business Licensing to accept on their behalf service of notices, processes, and any action arising out of the ownership, operation, maintenance, or in any wise connected with said animated riding devices, while they are within the confines of the limits of the City of Baltimore. (b) In the event that a nonresident corporation applies for a license, the Director of Consumer Protection and Business Licensing shall issue said license provided: (1) the nonresident corporation complies with all conditions herein contained; and (2) in addition thereto, submits with its application for said license a certificate from the State Department of Assessments and Taxation certifying that the nonresident corporation is a duly constituted corporation authorized to do business in the State of Maryland. *History: Ord. 57-1130* *History: Ord. 76-067* *History: * ##### § 2-46 Building Code. Balt., Md., Code art. 15, § 2-46 (2026) The provisions of § 432.9 of the Baltimore City Building Code, which relate to the electrical and mechanical requirements for certain circuses and carnivals, apply in all respects to the animated riding devices provided for in this Part 7. However, no other provisions of § 432 of the Building Code apply to animated riding devices. *History: Ord. 57-1130* *History: Ord. 02-475* *History: Ord. 13-093* *History: Ord. 15-427* *History: Ord. 20-361* ##### §§ 2-47 to 2-50 Balt., Md., Code art. 15, § 2-47 to 2-50 (2026) Reserved #### Part 8 – Mobile Riding Units ##### § 2-51 License required. Balt., Md., Code art. 15, § 2-51 (2026) No person, firm, corporation, or other entity may operate any type of ride or riding device mounted on mobile equipment unless the device is licensed under Part 3 of this subtitle. *History: Ord. 53-727* *History: Ord. 76-067* *History: Ord. 77-396* *History: Ord. 90-510* *History: Ord. 04-706* ##### § 2-52 Inspections. Balt., Md., Code art. 15, § 2-52 (2026) (a) Before issuing any such license, the Director of Consumer Protection and Business Licensing shall have such ride or riding device mounted on mobile equipment inspected by the Commissioner of Housing and Community Development and shall obtain from him a certificate to the effect that such ride or riding device mounted on mobile equipment has been inspected and is mechanically safe for operation. (b) The applicant shall as a condition of retaining any such license present to the Director of Consumer Protection and Business Licensing a similar certificate of inspection and safe condition at intervals of not more than 6 months thereafter. *History: Ord. 53-727* *History: Ord. 76-067* *History: * ##### § 2-53 Financial responsibility. Balt., Md., Code art. 15, § 2-53 (2026) (a) The Director of Consumer Protection and Business Licensing shall require each applicant for a license herein provided for to furnish proof of financial responsibility in the form of a written certificate from an insurance carrier authorized to transact business in the State of Maryland. (b) Said certificate shall state that the applicant is insured against liability for damage including death or injury to persons and damage to property due to faulty equipment or negligence, and indemnifying the City against any suit or suits, losses, claims, damages, or expense to which the City may be subjected by reason of any damage to property or person, including death, or injury to the public highways and other public property done in or in connection with the transportation, erection, operation, maintenance, and supervision of such ride or riding device mounted on mobile equipment, and said certificate shall be provided in an amount which in the discretion of the Director of Consumer Protection and Business Licensing will adequately protect the public. *History: Ord. 53-727* *History: Ord. 76-067* *History: * ##### § 2-54 Nonresidents. Balt., Md., Code art. 15, § 2-54 (2026) (a) Where the applicant is a nonresident, said applicant and said insurance carrier shall execute a power of attorney authorizing the Director of Consumer Protection and Business Licensing to accept service on their behalf of notices, processes, and any action arising out of the ownership, operation, maintenance, or in any wise connected with said ride or riding device mounted on mobile equipment while it is within the confines of the limits of the City of Baltimore. (b) In the event that a nonresident corporation applies for a license, the Director of Consumer Protection and Business Licensing shall issue said license provided: (1) the said nonresident corporation complies with all conditions herein contained; and (2) in addition thereto, submits with its application for said license a certificate from the State Department of Assessments and Taxation certifying that the nonresident corporation is a duly constituted corporation authorized to do business in the State of Maryland. *History: Ord. 53-727* *History: Ord. 76-067* *History: * ##### § 2-55 Building Code; time limit on operation. Balt., Md., Code art. 15, § 2-55 (2026) (a) Subject to a licencee’s compliance with subsection (b) of this section, the provisions of § 432 {“Circuses and Carnivals”} of the Baltimore City Building Code, which regulates circuses and carnivals, do apply to applications and licenses to operate any type of ride or riding device mounted on mobile equipment. (b) No licensee may operate a ride or riding device mounted on mobile equipment in any 1 block for longer than 1 hour. *History: Ord. 53-727* *History: Ord. 02-475* *History: Ord. 13-093* *History: Ord. 15-427* *History: Ord. 20-361* ### Subtitle 3 – Amusement Device Location Permits #### § 3-1 Definitions. Balt., Md., Code art. 15, § 3-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Amusement device” has the meaning stated in § 2-11 of this article. (c) “Director” means the Director of Consumer Protection and Business Licensing or the Director’s designee. (d) (e) “Zoning Board” means the Board of Municipal and Zoning Appeals of Baltimore City. *History: Ord. 99-547* *History: Ord. 04-706* *History: Ord. 22-125* *History: * #### § 3-2 Permit required. Balt., Md., Code art. 15, § 3-2 (2026) (a) Except as specified in subsection (b) of this section, any person who proposes to locate 1 or more amusement devices in an establishment for the use of the general public must first obtain an amusement device location permit from the Director. (b) A location permit is not required under this subtitle for any amusement arcade or recreation center that is operated by the City. *History: Ord. 83-1112* *History: Ord. 99-547* *History: Ord. 16-581* *History: * #### § 3-3 Applications. Balt., Md., Code art. 15, § 3-3 (2026) The application must be in the form and contain the information that the Director requires. *History: Ord. 99-547* *History: * #### § 3-4 Posting; objections. Balt., Md., Code art. 15, § 3-4 (2026) (a) Before a location permit (other than a renewal permit) may be issued, the applicant must post the proposed location for 15 days. (b) If, within the 15-day posting period, the Director receives no more than 9 written objections from persons within the same election precinct as the proposed location, the permit may be issued. (c) If, within the 15-day posting period, the Director receives 10 or more written objections from persons within the same election precinct as the proposed location, the Director must refer the matter to the Zoning Board for a hearing. *History: Ord. 83-1112* *History: Ord. 99-547* *History: * #### § 3-5 Hearing on objections; denial. Balt., Md., Code art. 15, § 3-5 (2026) (a) (1) On referral by the Director, the Zoning Board must hold a public hearing on the proposed location permit. (2) Parties in interest and citizens must be given an opportunity to be heard at the hearing. (b) Any denial of a permit must be in writing, with specific reasons given for the denial. (c) If the Zoning Board denies a permit, then the applicant may not reapply for a permit for at least 12 months. *History: Ord. 83-1112* *History: Ord. 99-547* *History: * #### § 3-6 Term and renewal of permits. Balt., Md., Code art. 15, § 3-6 (2026) (a) Each permit expires annually on June 30 and is renewable as provided in this section. (b) (1) To renew a permit, the permit holder must apply no less than 30 days nor more than 60 days before the permit expires. (2) The renewal application must be in the form and contain the information that the Director requires. (3) On filing the renewal application and payment of the renewal fee, the Director must approve the application unless 10 or more written objections from persons within the same election precinct as the location in question are filed with the Director no later than 30 days before the permit expires. (4) If the Director receives 10 or more timely objections from persons within the same election precinct as the location in question, the Director must refer the matter to the Zoning Board for a hearing. *History: Ord. 83-1112* *History: Ord. 99-547* *History: * #### § 3-7 Fee for permit. Balt., Md., Code art. 15, § 3-7 (2026) (a) The annual fee for the permit is $15, payable on or before July 1 of each year. (b) No refunds may be made of this fee, in whole or in part. *History: Ord. 83-1112* *History: Ord. 99-547* #### § 3-8 Denial or suspension of permit. Balt., Md., Code art. 15, § 3-8 (2026) (a) On a finding that an applicant or permit holder has committed one of the offenses specified in subsection (b) of this section, the Zoning Board may: (1) deny the permit or permit renewal; or (2) suspend the permit for not less than 30 days nor more than 90 days. (b) The Zoning Board may take action under subsection (a) of this section for any of the following causes: (1) failing or refusing to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle; (2) making any material false statement in any application for an initial or renewal permit; (3) violating any provision of the City Building, Fire, and Related Codes Article, Health Code Article, or Zoning Code Article, or of any other ordinance, rule, or regulation of the City; (4) conviction of an owner, operator, or employee of the establishment of any violation of City Code Article 19, § 34-6 {“Daytime and Nighttime Curfews: Prohibited conduct of establishments”}; (5) conviction of an owner, operator, or employee of the establishment of any violation of City Code Article 19, Subtitle 25 {“Loitering — General”}; (6) permitting the installation, maintenance, or operation of amusement devices in any way that impairs the safety, health, or general welfare of patrons or of the public in the immediate vicinity of the premises; (7) lack of accessibility for fire and police protection; or (8) lack of accessibility of light and air. (c) The Zoning Board must issue a written decision and order on any application for a permit or renewal application within 5 days of the hearing on the matter. *History: Ord. 83-1112* *History: Ord. 99-547* *History: Ord. 07-552* *History: Ord. 15-427* #### § 3-9 Rules and regulations. Balt., Md., Code art. 15, § 3-9 (2026) (a) (1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Zoning Board may adopt rules and regulations for procedural purposes to carry out this subtitle. (2) These rules and regulations become effective 7 days after they are filed with the Department of Legislative Reference. (b) (1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations to carry out the administrative provisions of this subtitle. (2) These rules and regulations become effective 7 days after they are filed with the Department of Legislative Reference. *History: Ord. 83-1112* *History: Ord. 99-547* *History: Text Conformed 03/01/21* *History: * #### § 3-10 Penalties. Balt., Md., Code art. 15, § 3-10 (2026) Any person required to obtain a location permit who fails to do so is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $15 for each day of the violation. *History: Ord. 83-1112* *History: Ord. 99-547* ### Subtitles 4 to 5 ### Subtitle 6 – Carriages, Wagons, Boats, and Scows #### § 6-1 Issuance of license. Balt., Md., Code art. 15, § 6-1 (2026) The Director of Consumer Protection and Business Licensing shall issue all licenses for and numbers of carriages, wagons, and other vehicles, boats, and scows as enumerated in § 6-2. *History: Rev. Ords. 1858-009* *History: Ord. 66-887* *History: Ord. 75-881* *History: * #### § 6-2 License required. Balt., Md., Code art. 15, § 6-2 (2026) (a) All hackney coaches, buggies, cabs, and gigs, kept for hire, and all wagons, furniture carriages, carts, drays, package carts, boats (other than open rowboats of every description), and scows, owned or commonly used or employed in the City, shall be numbered with plain conspicuous figures, on plates of tin, to be provided as hereinafter directed, to begin with number 1 and so on progressively. (b) The owner or owners of such carriages, boats, or scows, shall: (1) appear annually at the office of the Director of Consumer Protection and Business Licensing; (2) have entered in a book kept for that purpose: (i) the name and place of abode; (ii) the description of every carriage, boat, or scow owned by the owner or owners; and (iii) the number thereon to be affixed; and (3) take out a license containing his or her number, and signed by the Director of Consumer Protection and Business Licensing, with the City Seal affixed to it. (c) No owner is permitted to use or employ, or let for hire on any street, lane, or alley, nor in any water within the City, any hackney coach, buggy, cab, or gig, kept for hire, wagon, furniture carriage, cart, dray, package cart, boat (other than an open rowboat), or scow, until he or she first complies with the regulations contained in this subtitle. *History: Ord. 1891-022* *History: Ord. 66-887* *History: Ord. 75-881* *History: Ord. 99-526* *History: * #### § 6-3 “Commonly used or employed” defined. Balt., Md., Code art. 15, § 6-3 (2026) Any vehicle mentioned in § 6-2 which is used upon the streets of Baltimore City upon more than 1 day per week, on an average, for a period of more than 3 months in any 1 year, shall be considered as “commonly used or employed”, in the City, within the meaning of said § 6-2. *History: Ord. 17-243* *History: Ord. 66-887* *History: Ord. 75-881* #### § 6-4 Term of licenses. Balt., Md., Code art. 15, § 6-4 (2026) All licenses shall terminate on January 1 annually, but the holder of a license can at any time between that time and the January 30 take out a new license without being subject to penalty. *History: Ord. 1891-022* *History: Ord. 66-887* *History: Ord. 75-881* #### § 6-5 Fees. Balt., Md., Code art. 15, § 6-5 (2026) (a) The owner of any carriage, boat, or scow shall pay the following annual license fee: (1) Hackney coaches, cabs, or other pleasure carriages kept for hire, and wagons, carts, or other carriages of burden drawn by 1 or more horses — $20 (2) Boats (other than open rowboats), water taxis, and scows — $80 (3) Package carts — $10 (b) The owners shall pay the fees to the Director of Finance. (c) Transfer of any of these licenses must be made at the Department of Consumer Protection and Business Licensing Collector, and no charge will be made therefor. *History: Ord. 1891-022* *History: Ord. 57-1115* *History: Ord. 66-887* *History: Ord. 70-855* *History: Ord. 75-881* *History: Ord. 77-397* *History: Ord. 90-523* *History: * #### § 6-6 Rental records — in general. Balt., Md., Code art. 15, § 6-6 (2026) (a) No owner licensed as provided in § 6-2 of this subtitle shall rent a vehicle to any person without first requiring proof of the identity (which shall include a clear photograph and a record of fingerprints) and address of the person proposing to rent the vehicle. (b) Said owner shall keep a permanent record on his premises of the names and addresses of all persons renting a vehicle or vehicles from him and the date of each rental. *History: Ord. 60-430* *History: Ord. 75-881* #### § 6-7 Balt., Md., Code art. 15, § 6-7 (2026) Reserved #### § 6-8 License plates. Balt., Md., Code art. 15, § 6-8 (2026) (a) (1) It is the duty of the Director of Consumer Protection and Business Licensing, annually, on or before January 1 in each year, to purchase a sufficient number of tin plates, numbered with plain conspicuous figures, beginning with number 1, and so on progressively, 2 of each to correspond with the number of the carriage, boat, or scow, and also to purchase suitable dies for the arithmetical numbers. (2) The figures standing for the year in which those numbers were issued shall be stamped on the top of each numbered plate. (3) The plate shall be of suitable size and description in the discretion of the Director of Consumer Protection and Business Licensing, and paid for out of the appropriation for general licenses. (b) (1) It is the duty of the Director of Consumer Protection and Business Licensing to furnish for each licensed carriage, boat, or scow, 2 of these tin plates, with number corresponding with the number of the license, and the record of that carriage, boat, or scow. (2) These numbered plates shall be fastened on each side of and the most conspicuous part of the carriage, boat, or scow, so that the numbers may be plainly seen. (c) The Director of Consumer Protection and Business Licensing shall furnish to those who take out private carriage licenses, a single number, painted upon a tin plate that shall not measure more than 2¾ x 2 inches, which number shall be placed upon the hindermost part of the hind axle of the carriage by the owner or owners. *History: Rev. Ords. 1858-032* *History: Ord. 1891-022* *History: Ord. 66-887* *History: Ord. 75-881* *History: Ord. 99-526* *History: * #### § 6-9 License numbers. Balt., Md., Code art. 15, § 6-9 (2026) (a) All persons who take out licenses under this subtitle are hereby authorized to provide numbers for their carriages, wagons, and other vehicles, of such design as to them may seem proper, such numbers to conform with their license, the same to be in a conspicuous place; provided, that the number furnished by the Director of Consumer Protection and Business Licensing be nevertheless attached to such carriage or wagon in such place inside the carriage or wagon as he may direct. (b) All persons availing themselves of the privilege of this section can retain the same number from year to year by annual notice of the Director of Consumer Protection and Business Licensing previous to December 20 and those desiring to retain their old numbers may do so by similar notice. *History: Rev. Ords. 1858-032* *History: Ord. 1891-022* *History: Ord. 66-887* *History: Ord. 75-881* *History: * #### § 6-10 False entries. Balt., Md., Code art. 15, § 6-10 (2026) No person may: (1) cause or procure a false entry to be made of any such carriage, boat, or scow; (2) after a true entry, alter the number of his carriage, boat, or scow, being registered; or (3) not having a license, permit a number to be fixed to or remain on his or her carriage, boat, or scow. *History: Rev. Ords. 1858-032* *History: Ord. 66-887* *History: Ord. 75-887* *History: Ord. 99-526* #### § 6-11 Transporters for hire. Balt., Md., Code art. 15, § 6-11 (2026) (a) No owner of any carriage shall use the same in carrying or transporting any person or persons within the said City for hire or pay, unless such owner shall: (1) appear at the Department of Consumer Protection and Business Licensing and make entry and take out license as aforesaid; (2) number such carriage on the middle panel or other conspicuous place, of each side, with plain and conspicuous figures; and (3) the same renew annually. (b) Such owner shall be subject to all the other rules and regulations herein contained, respecting wagoners, carters, and draymen, and shall be liable to the same forfeitures and penalties upon the noncompliance with or violation of any such rule or regulation. *History: Rev. Ords. 1858-032* *History: Ord. 66-887* *History: Ord. 75-881* *History: * #### § 6-12 Numbers and licenses. Balt., Md., Code art. 15, § 6-12 (2026) It is unlawful for the owner or owners of any carriage, wagon, cart, dray, package cart, furniture wagon, boat, or scow to retain or suffer to be placed on that vehicle any other number than one corresponding with the license for the vehicle. *History: Rev. Ords. 1858-032* *History: Ord. 66-887* *History: Ord. 75-881* *History: Ord. 99-526* #### § 6-13 Withdrawal of license. Balt., Md., Code art. 15, § 6-13 (2026) It shall be the duty of the Director of Consumer Protection and Business Licensing to withdraw the license from any vehicle licensed by the City, the driver of which shall violate a 2nd time any of the provisions of this Code regulating the speed of horses and vehicles. *History: Rev. Ords. 1858-032* *History: Ord. 66-887* *History: Ord. 75-881* *History: * #### § 6-14 Subtitle to be advertised. Balt., Md., Code art. 15, § 6-14 (2026) It shall be the duty of the Director of Consumer Protection and Business Licensing to notify all persons annually of the necessity of attending to the provisions of this subtitle, by advertising the same at least 10 days previous to January 1 in a daily paper of general circulation in Baltimore City, and of the privilege accorded by § 6-9 by advertising the same at least 5 days previous to December 20 in a daily paper of the City. *History: Rev. Ords. 1858-032* *History: Ord. 1891-022* *History: Ord. 66-887* *History: Ord. 75-881* *History: * ### Subtitle 7 – Employment Agencies #### § 7-1 Definitions. Balt., Md., Code art. 15, § 7-1 (2026) (a) The following terms have the meanings indicated unless their context clearly indicates otherwise. (b) (1) “Employment agency” means any sole proprietorship, partnership, association, corporation, contractor, or subcontractor who, for a fee, paid by either the prospective employer, employee, or both: (i) procures or offers or attempts to procure employees for persons seeking the service of employees; (ii) procures or offers or attempts to procure employment for persons, seeking employment; or (iii) engages in the business of furnishing information to persons seeking employment for the purpose of enabling the persons to secure employment. (2) “Employment agency” includes: (i) any person conducting a business which consists of employing individuals directly for the purpose of furnishing part-time or temporary help to others; and (ii) any person, partnership, or corporation: (A) whose fee is paid 100% by the employer, and (B) that does not collect any money from an applicant. (3) “Employment agency” does not include: (i) bona fide educational, religious, charitable, fraternal, or benevolent organizations in which no fee, commission, or other charge is made for services rendered other than the ordinary membership dues; (ii) bona fide labor organizations undertaking to secure or securing work for their own members; (iii) bona fide employers’ organizations undertaking to secure or securing help for their own members; or (iv) any person who merely conducts a business that: (A) receives a fee that is paid wholly by an employer; (B) does not collect money from an individual seeking employment; and (C) does not require an individual seeking employment to make a contract. (c) *History: Ord. 90-506* *History: Ord. 94-382* *History: Ord. 22-125* #### § 7-2 License required. Balt., Md., Code art. 15, § 7-2 (2026) (a) No person shall carry on the business of an employment agency without first obtaining a license to conduct an employment agency. (b) It shall be the duty of the Director of Consumer Protection and Business Licensing: (1) to issue licenses for employment agencies annually; (2) to charge for each and every such license the sum of $250 to be paid to the Director of Finance; and (3) to keep a record of the name and place of business of each and every person, firm, or corporation, who may take out such license, which record shall be kept on file in his office. *History: Ord. 09-433* *History: Ord. 76-067* *History: Ord. 84-161* *History: Ord. 90-506* *History: * #### § 7-3 Exhibition of license. Balt., Md., Code art. 15, § 7-3 (2026) Every person, firm, or corporation, who shall take out a license under § 7-2, and who shall conduct an employment agency under such license: (1) shall register his, her, or its full name and address with the Director of Consumer Protection and Business Licensing during the 1st week of January in each year; and (2) shall exhibit on the front of the building in which such business shall be conducted, a sign containing: (i) the words, “Licensed Employment Agency”; and (ii) the name of the person, firm, or corporation so conducting such business. *History: Ord. 09-433* *History: Ord. 76-067* *History: * ### Subtitle 8 – Garage and Lawn Sales #### § 8-1 Scope of subtitle. Balt., Md., Code art. 15, § 8-1 (2026) This subtitle does not apply to: (1) judicial sales; (2) sales made by a licensed auctioneer; or (3) sales made by a duly licensed business, such as a grocery store. *History: Ord. 77-522* #### § 8-2 Limit on frequency and duration of sales. Balt., Md., Code art. 15, § 8-2 (2026) (a) It is unlawful to conduct more than 1 public sale of tangible personal property commonly known as garage sales or lawn sales on residential property within any 6-month period. (b) Any 1 sale shall not be conducted for more than 3 consecutive days. *History: Ord. 77-252A* *History: Ord. 77-522* #### § 8-3 Penalties. Balt., Md., Code art. 15, § 8-3 (2026) Any person violating any provision of this subtitle is guilty of a misdemeanor and, upon conviction thereof, is subject to a fine not exceeding $100 for each and every violation. *History: Ord. 77-252A* *History: Ord. 77-522* ### Subtitle 9 – Late-Night Commercial Operations #### Part 1 – Definitions; General Provisions ##### § 9-1 Definitions. Balt., Md., Code art. 15, § 9-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (c) “Business” means any place of business or commercial activity conducted by a person, whether sales, service, rental, professional, or otherwise. (d) “Department” means the Department of Consumer Protection and Business Licensing. (d-1) “Director” means the Director of Consumer Protection and Business Licensing. (e) “Impact area” means the area: (1) within the same election precinct as that in which a business is located; and (2) if a different precinct, within the election precinct of the block face opposing the block face in which a business is located. (f) (g) “Late-night operations license” or “license” means a license issued under this subtitle. (h) *History: Ord. 12-011* *History: Ord. 15-336* *History: Ord. 16-496* *History: Ord. 22-1215* *History: * ##### § 9-2 Balt., Md., Code art. 15, § 9-2 (2026) Reserved ##### § 9-3 Rules, regulations, and forms. Balt., Md., Code art. 15, § 9-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department must adopt rules, regulations, and forms to carry out this subtitle. *History: Ord. 12-011* *History: Text Conformed 03/01/21* *History: * ##### § 9-4 Scope. Balt., Md., Code art. 15, § 9-4 (2026) (a) Except as specified in subsection (b) of this section, this subtitle applies to all businesses that are located in any Residential Zoning District, Office-Residential Zoning District, or C-1, C-1-E, C-1-VC, C-2, or C-3 Commercial Zoning District. (b) This subtitle does not apply to: (1) a hotel or motel; (2) a restaurant or tavern operating during hours authorized by its alcoholic beverage license; (3) the sale of motor vehicle fuels; (4) the provision of emergency medical or veterinary care; (5) a video lottery facility operating during hours authorized by its State Video Lottery Operating license; or (6) drive-through food-service windows, if: (i) all indoor sales and dining areas are closed to the public during late-night hours; and (ii) no pedestrians are served at these windows during late-night hours. *History: Ord. 12-011* *History: Ord. 15-336* *History: Ord. 16-496* *History: Ord. 16-581* ##### § 9-5 Balt., Md., Code art. 15, § 9-5 (2026) Reserved #### Part 2 – Licensing ##### § 9-6 License required. Balt., Md., Code art. 15, § 9-6 (2026) No business in a Residential Zoning District, Office-Residential Zoning District, or C-1, C-1-E, C-1-VC, C-2, or C-3 Commercial Zoning District may be open to the public at any time between the hours of midnight and 5 a.m. without having first obtained a late-night operations license under this subtitle. *History: Ord. 12-011* *History: Ord. 16-496* *History: Ord. 16-581* ##### § 9-6.1 Conditional license for late-night delivery services. Balt., Md., Code art. 15, § 9-6.1 (2026) The Department may issue a late-night operations license for a business to operate a late-night delivery-only service, conditioned upon all indoor sales and dining areas being closed to the public during late-night hours. *History: Ord. 19-259* *History: * ##### § 9-7 Applications. Balt., Md., Code art. 15, § 9-7 (2026) (a) Every application for an initial or renewal license must be in the form and contain the information that the Department requires. (b) Any person that owns or is the franchisor of 2 or more businesses subject to this subtitle may: (1) submit a joint application for an initial or renewal license for each of those businesses; and (2) remit in one lump-sum payment the aggregate fees owed for those businesses. *History: Ord. 12-011* *History: Ord. 15-336* *History: * ##### § 9-8 Posting and notice; Objections. Balt., Md., Code art. 15, § 9-8 (2026) (a) On filing an application for an initial license, the applicant must, in accordance with the Department’s rules and regulations: (1) post the premises for 15 days; and (2) within 5 days of the filing, send notice of the application by email or by certified or registered mail to the City Councilmember who represents the Councilmanic District in which the business is located. (b) (1) If, within the 15-day posting period, the Department receives no more than 9 written objections from real property owners, commercial tenants that are not themselves holders of or applicants for a late-night operations license, or residents within the impact area of the business, the Department must grant or deny the license within 15 days after the last day of the 15-day posting period. (2) A denial must be based solely on one or more of the following factors: (i) any cause for denial that is specified in § 9-16 {“Denial, suspension, or revocation”} of this subtitle; (ii) the specific days and hours proposed for late-night operations; (iii) the lack or inadequacy of an indoor and outdoor security plan; and (iv) the inability or unwillingness of the applicant to accept reasonable conditions on the license to protect the public health, safety, and welfare (3) The notice of a denial must: (i) state the reasons for the denial; and (ii) notify the applicant of the applicant’s right to appeal to the Director. (4) Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application. (c) (1) If, within the 15-day posting period, the Department receives 10 or more written objections from real property owners, commercial tenants that are not themselves holders of or applicants for a late-night operations license, or residents within the impact area of the business, the Department must: (i) deny the application; and (ii) within 7 days after the last day of the 15-day posting period, notify the applicant of the denial and of the applicant’s right to appeal to the Director. (2) Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application. *History: Ord. 12-011* *History: Ord. 15-336* *History: * ##### § 9-9 Decision on review. Balt., Md., Code art. 15, § 9-9 (2026) (a) Within 30 days after the timely filing of an appeal, the Director must notify the applicant in writing of his or her decision: (1) to affirm the denial of the license; or (2) to direct the Department to grant the license. (b) In reviewing an application, the Director must consider: (1) all letters submitted in opposition to or support of the application; (2) any cause for denial that is specified in § 9-16 {“Denial, suspension, or revocation”} of this subtitle; (3) the specific days and hours proposed for late-night operations; (4) the adequacy of an indoor and outdoor security plan, including any evaluation made by the Police Commissioner or his or her designee; and (5) the ability and willingness of the applicant to accept reasonable conditions on the license to protect the public health, safety, and welfare. *History: Ord. 12-011* *History: Ord. 15-336* *History: * ##### § 9-10 Term and renewal of license. Balt., Md., Code art. 15, § 9-10 (2026) (a) Each late-night operations license expires annually on the anniversary of its issuance and is renewable as provided in this section. (b) To renew a license, the licensee must: (1) apply no less than 60 days nor more than 90 days before the license expires; and (2) in accordance with the Department’s rules and regulations, post the premises for 15 days. (c) On filing the renewal application and payment of the renewal fee, the Department may approve the application, except as provided in subsection (d) of this section. (d) (1) If, within the 15-day posting period, 10 or more written objections from real property owners, commercial tenants that are not themselves holders of or applicants for a late-night operations license, or residents within the impact area of the business, the Department must: (i) deny the application; and (ii) within 7 days after the last day of the 15-day posting period, notify the applicant of the denial and of the applicant’s right to appeal to the Director. (2) Within 30 days of receiving the notice of denial, the applicant may appeal to the Director for an administrative review of the application. (3) The filing of an appeal to the Director does not stay the decision of the Department pending the Director’s decision. (4) The considerations and decision of the Director shall be as provided in § 9-9 of this subtitle. *History: Ord. 12-011* *History: Ord. 15-336* *History: * ##### § 9-11 Fee for license. Balt., Md., Code art. 15, § 9-11 (2026) The annual license fee is $460 per business, subject to adjustment in accordance with the City Fee Policy. *History: Ord. 12-011* ##### § 9-12 Waiting period after denial. Balt., Md., Code art. 15, § 9-12 (2026) If a license or renewal license is denied under this subtitle, the applicant may not reapply for at least 12 months from the date of the final decision of the Department or, if judicial review of that decision was obtained, from the date of the final court decision. *History: Ord. 12-011* *History: Ord. 15-336* ##### §§ 9-13 to 9-15 Balt., Md., Code art. 15, § 9-13 to 9-15 (2026) Reserved #### Part 3 – Administrative Sanctions ##### § 9-16 Denial, suspension, or revocation. Balt., Md., Code art. 15, § 9-16 (2026) The Finance Department or, on appeal, the Finance Director may deny, suspend, or revoke a late-night operations license or renewal license for any of the following causes: (1) failing to pay the applicable license fee on or before the due date; (2) making any material false statement in any application for an initial or renewal license; (3) failing to abate within 30 days of receipt any notice or citation for violating any provision of the City Building, Fire, and Related Codes Article, Health Code Article, or Zoning Code Article; or (4) failing to comply with any provision of: (i) this subtitle; (ii) a rule or regulation adopted under this subtitle; or (iii) a condition imposed under this subtitle on the license. *History: Ord. 12-011* *History: Ord. 15-336* *History: 15-427* ##### § 9-17 Fines. Balt., Md., Code art. 15, § 9-17 (2026) For any violation that is cause for suspending or revoking a license, the Finance Department or, on appeal, the Finance Director may, instead of or in addition to suspending or revoking the license, impose a civil fine of: (1) for a 1st offense, not more than $500; and (2) for any subsequent offense, not more than $1,000. *History: Ord. 12-011* *History: Ord. 15-336* ##### § 9-18 Appeal to Finance Director. Balt., Md., Code art. 15, § 9-18 (2026) (a) This section does not apply to the denial of a license or a renewal license under § 9-8 or § 9-10(d). (b) (1) Within 30 days of receiving the Department’s decision to deny, suspend, or revoke a license or to impose a civil fine, an aggrieved applicant or licensee may appeal the sanction imposed to the Finance Director for an administrative review. (2) The filing of an appeal to the Finance Director stays the decision of the Department pending the Director’s decision. (3) Within 30 days after the timely filing of an appeal, the Finance Director must notify the applicant or licensee in writing of his or her decision. (4) The Finance Director may affirm, reject, increase, or otherwise modify any or all of the sanctions from which the appeal was taken. *History: Ord. 12-011* *History: Ord. 15-336* ##### § 9-19 Judicial and appellate review. Balt., Md., Code art. 15, § 9-19 (2026) (a) A person aggrieved by a decision of the Finance Director under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) (1) The filing of a petition for judicial review does not stay the decision of the Finance Director. (2) However, on motion and after hearing, the Court may grant a stay as provided in the Maryland Rules of Procedure. (c) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 12-011* *History: Ord. 15-336* *History: Ord. 19-332* ##### § 9-20 Balt., Md., Code art. 15, § 9-20 (2026) Reserved #### Part 4 – Penalties ##### § 9-21 Penalties. Balt., Md., Code art. 15, § 9-21 (2026) (a) Any person who violates or who neglects or refuses to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 6 months or both fine and imprisonment. (b) Each day that a violation continues after notification constitutes a separate offense. *History: Ord. 12-011* ### Subtitle 10 – Hotels #### § 10-1 Definitions. Balt., Md., Code art. 15, § 10-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Hotel” means any building, including any motel, that: (1) contains sleeping accommodations for more than 5 persons; and (2) is open to the transient public. (c) “Housing Department” or “Department” means the City Department of Housing and Community Development. (d) “Human trafficking” means: (1) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform a commercial sex act has not attained 18 years of age; or (2) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (e) *History: Ord. 15-353* *History: Ord. 16-503* *History: Ord. 19-332* *History: Ord. 22-125* #### § 10-2 Registration required. Balt., Md., Code art. 15, § 10-2 (2026) No person may operate a hotel in Baltimore City without first registering the hotel with the Housing Department on the form required by that Department. *History: Ord. 15-353* *History: Ord. 16-503* #### § 10-3 Rules, regulations, and forms. Balt., Md., Code art. 15, § 10-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Housing Department must adopt rules, regulations, and forms to carry out this subtitle. *History: Ord. 15-353* *History: Text Conformed 03/01/21* #### §§ 10-4 and 10-5 Balt., Md., Code art. 15, § 10-4 and 10-5 (2026) Reserved #### § 10-6 Anti-trafficking training required. Balt., Md., Code art. 15, § 10-6 (2026) (a) Any person who owns or operates a hotel within the City must provide training on how to identify human trafficking activities and human trafficking victims: (1) to all new hotel employees, within 90 days of hire; and (2) to all hotel employees, at least once every two years. (b) The anti-trafficking training program required by this section must be approved by the Health Commissioner as appropriate for training employees on how to identify human trafficking activities and human trafficking victims. (c) Beginning in calendar year 2020, any person who owns or operates a hotel within the City must annually certify to the Housing Commissioner, no later than December 31 of each year, that all hotel employees have completed the training required by this section. *History: Ord. 15-353* *History: Ord. 16-503* *History: Ord. 19-241* #### § 10-7 Posting certification. Balt., Md., Code art. 15, § 10-7 (2026) (a) After the issuance to a hotel of a multiple-family dwelling license required by City Code Article 13 {“Housing and Urban Renewal”}, § 5-4 {“License required”}, the hotel must prominently display a sign stating that the facility has provided training to all employees on how to identify human trafficking activities and human trafficking victims. (b) The sign required by subsection (a) of this section must be prominently displayed in the lobby of the hotel in the form and manner required by the Department. *History: Ord. 15-353* #### § 10-8 Balt., Md., Code art. 15, § 10-8 (2026) Reserved #### § 10-9 Penalties. Balt., Md., Code art. 15, § 10-9 (2026) (a) Any person who violates or who neglects or refuses to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment. (b) Each day that a violation continues after notification constitutes a separate offense. *History: Ord. 15-353* ### Subtitle 11 – Massage Establishments #### § 11-1 Definitions. Balt., Md., Code art. 15, § 11-1 (2026) (a) “Board” means the Board of Consumer Protection and Business Licensing. (b) “Massage” means the administration by any person of any method of exerting or applying pressure, friction, moisture, heat, or cold to the human body, or the rubbing, stroking, kneading, pounding, or tapping of the human body by any physical or mechanical means for any form of consideration. (c) “Massage establishment” means any building, place, or operation wherein a massage is administered or permitted to be administered for any form of consideration. (d) “Massage therapist” means an individual who has completed at least 500 hours of training at, and has received certification from, a school which has a massage training program approved by the Commissioner of Health and by a professional organization having the authority to approve massage training programs. (e) “Massagist” means any person who administers a massage for any form of consideration. (f) *History: Ord. 76-159* *History: Ord. 94-286* *History: Ord. 22-125* *History: * #### § 11-2 Rules of interpretation. Balt., Md., Code art. 15, § 11-2 (2026) (a) In interpreting and applying this subtitle, the following rules of interpretation apply: (1) those contained in Subtitles 2 and 3 of the City Code’s General Provisions Article; and (2) any additional rules contained in this section. (b) The word “building” shall be deemed to apply to any part or portion of such building. (c) Words used in the present tense shall include the future. *History: Ord. 76-159* *History: Ord. 22-125* #### § 11-3 Purpose and intent. Balt., Md., Code art. 15, § 11-3 (2026) It is the declared purpose and intent of the Mayor and City Council of Baltimore in ordaining this subtitle to protect and preserve the health, safety, and welfare of the inhabitants of this City by providing a program for regulating massage establishments in order to eliminate the social difficulties that now exist in many massage parlors and to promote higher standards of health, sanitation, and professional competence therein. *History: Ord. 76-159* #### § 11-4 Exemptions. Balt., Md., Code art. 15, § 11-4 (2026) This subtitle shall not apply to: (1) physicians, surgeons, osteopaths, chiropractors, or therapists who are duly licensed to practice their respective professions in the State of Maryland or who are permitted to practice temporarily under the auspices of any associate or establishment duly licensed in the State of Maryland, while in the course of their licensed business or profession; (2) nurses and practical nurses, who are registered under the laws of this State and operating under a physician’s direction; (3) any duly licensed hospital, medical clinic, or nursing home; (4) a trainer of any duly constituted athletic team while in the normal course of his duties; (5) any bona fide health spa or health club offering or providing massages solely incidental to the furnishing of facilities for and instruction in physical fitness and actually occupying premises of not less than 3,000 square feet, of which not more than 10% is used for massages; (6) any corporation or association which is organized and operated exclusively for social or athletic purposes and which offers or provides massages solely incidental to the furnishing of facilities for such purposes and which actually occupies premises of not less than 3,000 square feet, of which area not more than 10% is used for massages; or (7) massage therapists. *History: Ord. 76-159* *History: Ord. 94-286* #### § 11-5 License required for massage establishments. Balt., Md., Code art. 15, § 11-5 (2026) No person shall maintain, operate, or conduct a massage establishment within the City of Baltimore without a license previously issued by the Director of Consumer Protection and Business Licensing. *History: Ord. 76-159* *History: * #### § 11-6 Registration required for massagists. Balt., Md., Code art. 15, § 11-6 (2026) No person maintaining, operating, or conducting a massage establishment shall employ, or otherwise allow, any individual to perform as a massagist, and no individual shall perform as a massagist, unless such individual shall have first been duly registered as a massagist for that particular massage establishment with the Department of Consumer Protection and Business Licensing. *History: Ord. 76-159* *History: * #### § 11-7 Rules and regulations. Balt., Md., Code art. 15, § 11-7 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department of Consumer Protection and Business Licensing is authorized and empowered to promulgate and adopt rules and regulations to carry out the purpose and intent of this subtitle. *History: Ord. 76-159* *History: Text Conformed 03/01/21* *History: * #### § 11-8 Application for license — contents; fee. Balt., Md., Code art. 15, § 11-8 (2026) (a) Applicants for a license under § 11-5 shall file upon a form provided by the Director of Consumer Protection and Business Licensing a signed application, subject to the law relating to perjury, setting forth the following information: (1) a definition of service to be provided; (2) the address where it is proposed to conduct the business for which application is made; (3) the name, local and permanent addresses, and local telephone number of each applicant; (4) if applicant is a corporation, the state of corporation, the names and residence addresses of each of the officers and directors of said corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage establishment; (5) if applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the massage establishment; (6) a photograph, at least 2 inches by 2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner; (7) description: height, weight, age, date of birth, color of hair and eyes, other distinguishing physical characteristics of the applicant; (8) a statement indicating whether the applicant has ever been licensed to practice or carry on the same business and, if so, when and where it was last practiced or carried on; (9) a statement that the applicant has never been convicted of any crime, motor vehicle laws excepted, or convicted of violation of any municipal code or ordinance or, if so convicted, the nature of the offense and the punishment or penalty imposed; (10) the number of rooms to be occupied by the business, together with a drawing of the interior arrangement and a list of the proposed equipment with a brief description of each piece of proposed equipment; and (11) the name and address of each massagist who is or will be employed in said establishment, together with a statement of his/her individual qualifications and the name and address of the last place of business where each individual worked. (b) The sum of $25 shall accompany the application to reimburse the City for the cost of investigation, which sum shall be retained by the City whether the license is granted or denied. (c) An application for a successor license shall be filed with the Director of Consumer Protection and Business Licensing on or before April 1 of each year. *History: Ord. 76-159* *History: * #### § 11-9 Application for license — investigation. Balt., Md., Code art. 15, § 11-9 (2026) (a) The application shall be referred by the Director of Consumer Protection and Business Licensing to the Board of Consumer Protection and Business Licensing for investigation and recommendation. (b) Before the recommendation is made, the applicant shall be personally interviewed by the Police Commissioner or by his duly authorized representative. (c) The Board, in addition to investigating the items set forth in the application, shall also investigate the qualifications of the applicant. *History: Ord. 76-159* *History: * #### § 11-10 Denials; appeals. Balt., Md., Code art. 15, § 11-10 (2026) (a) If the recommendation of the Board, after investigation, is that the applicant not be licensed, the Board shall state the reasons therefore in writing. (b) (1) An applicant aggrieved by a decision under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 76-159* *History: Ord. 04-672* *History: Ord. 19-332* #### § 11-11 Issuance of license; fee. Balt., Md., Code art. 15, § 11-11 (2026) (a) If the recommendation of the Board is favorable, the Director of Consumer Protection and Business Licensing shall, upon payment of a license fee in the sum of $1,500 to the Director of Finance issue a license to the applicant. (b) Every license so granted shall terminate on July 1 annually, or until a successor license is issued or denied by the Director of Consumer Protection and Business Licensing. (c) The Director of Consumer Protection and Business Licensing shall issue a certificate of license which shall at all times be prominently displayed inside the massage establishment. *History: Ord. 76-159* *History: Ord. 77-319* *History: * #### § 11-12 License not transferable. Balt., Md., Code art. 15, § 11-12 (2026) No massage establishment license shall be transferable. *History: Ord. 76-159* #### § 11-13 Unlawful acts. Balt., Md., Code art. 15, § 11-13 (2026) (a) It is unlawful for any person maintaining, operating, or conducting a massage establishment to: (1) remain open or provide services any time between the hours of midnight and 8 a.m., Official City Time; (2) provide treatment at the same time to persons of the opposite sex in the same room or quarters; or (3) provide to any person at any time any service which the Health Commissioner may reasonably consider to be dangerous to health or safety. (b) No person conducting a massage establishment shall tolerate on the premises any activity or behavior prohibited by the laws of the State, particularly, but not exclusively, those sections within Article 27 of the Annotated Code of Maryland proscribing prostitution, sodomy, perverted sexual practices, a bawdy place, adultery, fornication, any lewd and lascivious cohabitation, and all laws relating to obscene matter. (c) No person conducting a massage establishment shall tolerate in his establishment any activity or behavior which violates this Code, particularly, but not exclusively, those sections which parallel the State statutes on immorality and obscenity detailed above. (d) Any person violating the provisions of this section shall, upon conviction, be punished as hereinafter provided in this subtitle and, in addition to such penalty, it shall be the duty of the Director of Consumer Protection and Business Licensing to revoke the license of the establishment wherein the provisions of this section shall have been violated. *History: Ord. 76-159* *History: * #### § 11-14 Inspection. Balt., Md., Code art. 15, § 11-14 (2026) (a) Any massage establishment, its equipment, records, and methods of operation shall be open during working or business hours to inspection by representatives of the Police Department, Health Department, Fire Department, Department of Consumer Protection and Business Licensing, and the Department of Housing and Community Development. (b) The Police Commissioner, Health Commissioner, Chief of the Fire Department, Director of Consumer Protection and Business Licensing, and the Commissioner of Housing and Community Development shall assign personnel to make regular inspection of such licenses, and a report of such inspections shall be made to the respective department heads in writing. (c) Denial of entry of such inspectors during business hours shall be cause for revocation of the license. *History: Ord. 76-159* *History: * #### § 11-15 Revocation of license; hearing. Balt., Md., Code art. 15, § 11-15 (2026) (a) Whenever the Director believes that any licensed massage establishment or registered massagist has violated any of the provisions of this subtitle, the rules and regulations promulgated by the Department, or is not qualified to hold a license, the Director may order a hearing before the Board. (b) Such hearing shall be held at a reasonable time and place designated by the Board in written notice to the licensee. The hearing shall not be held until at least 10 days following actual receipt of notice by the licensee. (c) Following such hearing, the Board shall reduce findings of fact to writing, and if it determines that the licensee has violated any of the provisions of this subtitle, the rules and regulations promulgated by the Department, or is unqualified under the provisions of this subtitle to hold the license in effect, it shall transmit a copy of such findings to the Director of Consumer Protection and Business Licensing recommending revocation of the license, and the Director shall immediately revoke the license. *History: Ord. 76-159* *History: * #### § 11-16 Balt., Md., Code art. 15, § 11-16 (2026) Reserved #### § 11-17 Penalties. Balt., Md., Code art. 15, § 11-17 (2026) (a) (1) Any person violating any provision of this subtitle or failing to comply therewith is guilty of a misdemeanor, punishable upon conviction by a fine not to exceed $500 or imprisonment not to exceed 90 days, or by both such fine and imprisonment. (2) Each day that a violation continues is deemed to be a separate offense. (b) Conviction for any violation of the provisions of this subtitle shall constitute cause for immediate revocation of the license by the Director of Consumer Protection and Business Licensing upon the recommendation of the Board. *History: Ord. 76-159* *History: * ### Subtitle 12 – Commercial Parking Facilities #### § 12-1 Definitions. Balt., Md., Code art. 15, § 12-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commercial parking facility” means any: (1) garage, structure, or part of a structure for the parking, storage, housing, or keeping of 3 or more motor vehicles in exchange for a fee or other consideration; or (2) parking lot or outdoor area or space for the parking, storage, housing, or keeping of 3 or more motor vehicles in exchange for a fee or other consideration. (c) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 41-534* *History: Ord. 49-620* *History: Ord. 53-904* *History: Ord. 01-271* *History: Ord. 19-264* *History: Ord. 22-125* #### § 12-2 Subtitle inapplicable to special-event parking. Balt., Md., Code art. 15, § 12-2 (2026) This subtitle does not apply to special-event parking lots operating under and in compliance with Subtitle 13 {“Special-Event Parking Lots”} of this article. *History: Ord. 11-572* *History: Ord. 19-264* #### § 12-3 Balt., Md., Code art. 15, § 12-3 (2026) Reserved #### § 12-4 License required; fee. Balt., Md., Code art. 15, § 12-4 (2026) (a) (1) No person may operate a commercial parking facility in the City of Baltimore unless the person has first obtained an annual license for the facility from the Director of Consumer Protection and Business Licensing and has paid the annual fee for the license to the Director of Finance. (2) The term of a license is from May 1 of each year through April 30 of the next year. (b) (1) The annual fee for a commercial parking facility license is $5.10 for every 100 square feet (or fraction of 100 square feet) of the gross area used for parking facility purposes, including all parking spaces, offices, ramps, driveways, aisles, toilets, car washing, greasing, or other facilities used in connection with the operation of the parking facility. (2) For a license issued after July 31 and before November 1, the fee is 75% of that prescribed for the entire year. (3) For a license issued after October 31 and before February 1, the fee is 50% of that prescribed for the entire year. (4) For a license issued after January 31, the fee is 25% of that prescribed for the entire year. (c) (1) Any person desiring to operate a commercial parking facility for an aggregate of no more than 6 months in any 1 license year may obtain a special partial-year license. (2) The fee for a partial-year license is 1/12 of the annual license fee for each month or fraction of a month that the parking facility is in operation. (d) The Director of Consumer Protection and Business Licensing shall maintain and post on the Department’s website a current list of all commercial parking facilities licensed under this subtitle. *History: Ord. 41-534* *History: Ord. 49-620* *History: Ord. 53-904* *History: Ord. 55-078* *History: Ord. 57-1116* *History: Ord. 57-1146* *History: Ord. 58-1245* *History: Ord. 60-275* *History: Ord. 70-861* *History: Ord. 79-968* *History: Ord. 82-813* *History: Ord 83-918* *History: Ord. 90-512* *History: Ord. 01-271* *History: Ord. 19-264* *History: Ord. 19-332* *History: * #### § 12-5 Transfer of licenses. Balt., Md., Code art. 15, § 12-5 (2026) Except as otherwise provided in this subtitle, a license issued under this subtitle is transferable during the license year. *History: Ord. 41-534* *History: Ord. 49-620* *History: Ord. 53-904* *History: Ord. 01-271* *History: Ord. 19-264* #### § 12-6 Tax arrearage bars renewal or transfer. Balt., Md., Code art. 15, § 12-6 (2026) A license may not be issued to, renewed by, or transferred from or to any person from whom taxes, interest, or penalties are due and unpaid under City Code Article 28, Subtitle 22. *History: Ord. 01-271* *History: Ord. 19-264* #### § 12-7 Refund on acquisition, etc., by City. Balt., Md., Code art. 15, § 12-7 (2026) If the City acquires title to or control of a commercial parking facility or terminates an existing lease covering any property used as a parking facility, and the owner, lessee, or operator of the commercial parking facility is thereby required to terminate the operation of the facility, then the owner, lessee, or operator is entitled to a refund of that portion of the license fee paid for the unexpired term of the license. *History: Ord. 74-748* *History: Ord. 01-271* #### § 12-8 Rules and regulations. Balt., Md., Code art. 15, § 12-8 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Consumer Protection and Business Licensing may adopt rules and regulations for the administration and enforcement of this subtitle. *History: Ord. 53-904* *History: Ord. 76-067* *History: Ord. 01-271* *History: Ord. 19-264* *History: Text Conformed 03/01/21* *History: * #### § 12-9 Cars left in street. Balt., Md., Code art. 15, § 12-9 (2026) (a) Except as specifically authorized in subsection (b) of this section, no person operating or employed by a commercial parking facility may store, park, or place a motor vehicle left for storage or parking on any street, alley, or highway in the City. (b) (1) Subsection (a) of this section does not apply to the parking or placement of a vehicle on a street, alley, or highway if it is parked or placed there only for a sufficient time to permit the removal of another car from the commercial parking facility. (2) This exception does not apply between 7 a.m. and 10 a.m. or between 4 p.m. and 6 p.m. *History: Ord. 41-388* *History: Ord. 54-958* *History: Ord. 01-271* *History: Ord. 19-264* #### § 12-10 Proof-of-payment required. Balt., Md., Code art. 15, § 12-10 (2026) (a) As a condition of licensure, a commercial parking facility must provide proof of payment to each customer of the facility at the time of payment. (b) The proof of payment required by this section may be provided in either paper or electronic form. *History: Ord. 19-264* *History: Ord. 19-332* #### § 12-11 Removal of vehicles. Balt., Md., Code art. 15, § 12-11 (2026) A commercial parking lot may not tow or contract with another person to tow a motor vehicle from a commercial parking lot without the motor vehicle’s or authorized representative’s authorization, unless the facility holds a valid license under § 12-4 {“License required; fee” of this subtitle. *History: Ord. 19-264* #### § 12-12 Balt., Md., Code art. 15, § 12-12 (2026) Reserved #### § 12-13 License revocation. Balt., Md., Code art. 15, § 12-13 (2026) (a) After a hearing conducted in accordance with the rules and regulations adopted under this subtitle and with proper notice to the license holder, the Department of Consumer Protection and Business Licensing may revoke a license if the Department finds that the license holder violated any provision of this subtitle. (b) Any revocation under this subtitle must be in writing from the Department of Consumer Protection and Business Licensing and specify the reasons for the action. (c) (1) A license holder aggrieved by a decision of the Department of Consumer Protection and Business Licensing may appeal that decision to the Board of Consumer Protection and Business Licensing in writing within 10 days of the Department’s decision. (2) The Board of Consumer Protection and Business Licensing must issue a written decision within 30 days of receipt of the license holder’s appeal. *History: Ord. 19-264* *History: * #### § 12-14 Enforcement by citation. Balt., Md., Code art. 15, § 12-14 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day that a violation continues is a separate offense. (d) Each vehicle towed in violation of § 12-11 {“Removal of vehicles”} of this subtitle is a separate offense. *History: Ord. 09-169* *History: Ord. 19-264* #### § 12-15 Criminal penalties. Balt., Md., Code art. 15, § 12-15 (2026) (a) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months or both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. (c) Each vehicle towed in violation of § 12-11 {“Removal of vehicles”} of this subtitle is a separate offense. *History: Ord. 09-169* *History: Ord. 19-264* ### Subtitle 13 – Special-Event Parking Lots #### § 13-1 Definitions. Balt., Md., Code art. 15, § 13-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Director” means the Director of the Department of Consumer Protection and Business Licensing of the Director’s designee. (c) (d) “Parking lot” means any outdoor area or space for the parking, storage, housing, or keeping of 3 or more motor vehicles in exchange for a fee or other consideration. (e) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. (f) “Special-Event Parking District” means the following area of the City: Beginning at the intersection of Bush Street and the northbound side of Russell Street; from this point of beginning, binding northwesterly on the centerline of Bush Street for ~2,018 feet to intersect with W. Hamburg Street; then binding northeasterly on the centerline of W. Hamburg Street ~2,485 feet to the intersection with Scott Street; then turning north on the centerline of Scott Street for ~1,935 to the intersection with W. Pratt Street; following the centerline of W. Pratt Street for ~2,770 feet in an easterly direction to the intersection with S. Howard Street; then heading south on the centerline S. Howard Street for ~181 feet until the split; and then continuing south on the northbound centerline of S. Howard Street for another ~636 feet to the intersection with the westbound centerline of W. Conway Street; continuing east on the westbound centerline of W. Conway Street for ~1,238 feet to the northbound centerline of S. Charles Street; binding on the centerline of S. Charles Street for ~3,120 feet in a southerly direction to the intersection with W. West Street; then continuing west on said centerline for ~330 feet to the intersection with the street centerline of S. Hanover Street; heading south of S. Hanover Street for ~335 feet to intersect the centerline of E. Ostend Street; heading in a westerly direction on E. Ostend Street for ~706 feet to the extended western property line of Block 0975 Lot 002 (139 W. Ostend Street); following the western and southern property lines of 139 W. Ostend Street for a total of ~560 feet; continuing across Leadenhall Street to the southeastern corner of Block 0974 Lot 001 (175 W. Ostend Street); following the southern boundary of said property and extending to the centerline of S. Sharp Street for a total of ~494 feet; binding southwesterly on the centerline of S. Sharp Street for ~55 feet where is turns into Stockholm Street; then moving southeast ~7.5 feet to join the northwestern corner of Block 0987 Lot 001 (1800 Race Street) and follow this western property line [joins the eastern property line of Block 0985 Lot 002 (215 Stockholm Street)] for ~405 feet; extending from this same property line on an imaginary line into the Middle Branch; wrapping around the coastline for ~4200 feet and intersecting the point of beginning. (g) “Special-event parking lot” means a parking lot that: (1) is not otherwise licensed under Subtitle 12 {“Parking Facilities”} of this article; (2) is located within the Special-Event Parking District; (3) provides parking services to persons attending sporting, social, cultural, or other special events; and (4) operates: (i) only on days in which events are held at the Camden Yards Stadium Complex; and (ii) for no more than 149 days in any license year. *History: Ord. 11-575* *History: Ord. 16-581* *History: Ord. 22-125* *History: * #### § 13-2 Balt., Md., Code art. 15, § 13-2 (2026) Reserved #### § 13-3 Rules, regulations, and forms. Balt., Md., Code art. 15, § 13-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules, regulations, and forms to carry out this subtitle. *History: Ord. 11-572* *History: Text Conformed 03/01/21* #### § 13-4 Balt., Md., Code art. 15, § 13-4 (2026) Reserved #### § 13-5 License required. Balt., Md., Code art. 15, § 13-5 (2026) No person may operate a special-event parking lot without having first obtained a license to do so from the Director. *History: Ord. 11-572* #### § 13-6 Applications – General. Balt., Md., Code art. 15, § 13-6 (2026) (a) The operator of the proposed special-event parking lot must apply to the Director for the special-event parking lot license. (b) The application must be in the form that the Director requires. *History: Ord. 11-572* #### § 13-7 Applications – Required information. Balt., Md., Code art. 15, § 13-7 (2026) The application must include: (1) the name, address, and telephone number of the parking lot’s operator; (2) the name, address, and telephone number of the owner of the property on which the parking lot will operate; (3) the address of the proposed special-event parking lot; (4) the gross area of the parking lot, including all parking spaces, driveways, entrances, exits, aisles, and facilities used in connection with the operation of the parking lot; (5) the dates and times of the events for which the proposed parking lot will be in operation; (6) a schedule of parking fees to be charged; (7) evidence satisfactory to the Director that the operator has obtained liability insurance coverage in at least the amounts and tenor set by the Director in the rules and regulations adopted under this subtitle; (8) a traffic management plan that meets the requirements set in the rules and regulations adopted under this subtitle; (9) a security plan that meets the requirements set in the rules and regulations adopted under this subtitle; (10) a diagram of the property on which the proposed parking lot would be located, showing all parking spaces, driveways, entrances, exits, aisles, structures, and other facilities; (11) any other information that the Director requires; and (12) a signed affirmation, under penalties of perjury, that the applicant either: (i) is the owner of the property on which the parking lot will be operated; or (ii) is authorized by the owner of the property to operate the parking lot. *History: Ord. 11-572* #### § 13-8 License term and renewal. Balt., Md., Code art. 15, § 13-8 (2026) (a) Each special-event parking lot license expires annually on the anniversary of its issuance and is renewable as provided in this section. (b) (1) To renew a special-event parking lot license, the licensee must apply no less than 30 days nor more than 90 days before the license expires. (2) The application must be in the form and contain the information that the Director requires. *History: Ord. 11-572* #### § 13-9 License fee. Balt., Md., Code art. 15, § 13-9 (2026) The annual fee for a special-event parking lot license is as set by the Board of Estimates. *History: Ord. 11-572* #### § 13-10 Issuance of license. Balt., Md., Code art. 15, § 13-10 (2026) On receipt of a license application and upon the Director of Finance’s receipt of the applicable license fee, the Director of Consumer Protection and Business Licensing shall: (1) review the application; and (2) issue the license if the following conditions are met: (i) the security plan included in the application ensures that vehicles parked in the parking lot are protected from theft and vandalism at all times during hours of operations; (ii) the traffic management plan included in the application ensures that the flow of pedestrian and vehicular traffic in the surrounding area is not significantly impeded by the operation of the parking lot; and (iii) the application is otherwise complete, in accordance with the requirements of this subtitle. *History: Ord. 11-572* *History: * #### § 13-11 Transfer. Balt., Md., Code art. 15, § 13-11 (2026) A special-event parking lot license is not transferable to a new operator, to a different location, or otherwise. *History: Ord. 11-572* #### § 13-12 Tax arrearage bars issuance or renewal. Balt., Md., Code art. 15, § 13-12 (2026) A license may not be issued to or renewed by any person from whom taxes, interest, or penalties are due and unpaid under City Code Article 28, Subtitle 22 {“Parking Tax”}. *History: Ord. 11-572* #### § 13-13 Identification signs. Balt., Md., Code art. 15, § 13-13 (2026) (a) At all times while a special-event parking lot is in operation, an identification sign must be posted on each street frontage of the lot. (b) Each identification sign must contain: (1) the name, address, and telephone number of the lot’s operator; (2) the license number of the operator’s special-event parking lot license; and (3) the fee charged for parking. (c) No sign may: (1) exceed 12 square feet; (2) be more than 24 feet high; (3) project more than 3 feet across a street line; (4) be illuminated; or (5) remain on the property for longer than 2 hours after the end of the event for which the lot was open. *History: Ord. 11-572* #### § 13-14 Attendant on duty. Balt., Md., Code art. 15, § 13-14 (2026) An adult attendant must be present at all times while any vehicle remains parked on a special-event parking lot. *History: Ord. 11-572* #### § 13-15 Cars left in street. Balt., Md., Code art. 15, § 13-15 (2026) (a) Except as specifically authorized in subsection (b) of this section, no person operating or employed by a special-event parking lot may park or place a motor vehicle left for parking on any street, alley, or highway in the City. (b) (1) Subsection (a) of this section does not apply to the parking or placement of a vehicle on a street, alley, or highway if it is parked or placed there only for a sufficient time to permit the removal of another car from the parking lot. (2) This exception does not apply between 7 a.m. and 10 a.m. or between 4 p.m. and 6 p.m. *History: Ord. 11-572* #### §§ 13-16 to 13-20 Balt., Md., Code art. 15, § 13-16 to 13-20 (2026) Reserved #### § 13-21 Enforcement by citation. Balt., Md., Code art. 15, § 13-21 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 11-572* #### § 13-22 Criminal penalties. Balt., Md., Code art. 15, § 13-22 (2026) (a) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months or both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 11-572* ### Subtitle 14 ### Subtitle 15 – Street Entertainers #### § 15-1 Definitions. Balt., Md., Code art. 15, § 15-1 (2026) (a) In this subtitle, the following terms have the meaning indicated. (b) “Department” means the Department of Consumer Protection and Business Licensing. (c) (d) (e) (f) “Street” means any street, boulevard, road, highway, alley, lane, sidewalk, footway, mall, esplanade, or other way or place that is owned by the City or habitually used by the public. (g) (1) “Street entertainer” means any person who, either alone or as part of a group: (i) performs on the streets of this City; and (ii) solicits, encourages, or accepts donations before, during, or after the performance. (2) “Street entertainer” includes a: (i) musician; (ii) juggler; (iii) mime; (iv) puppeteer; (v) unicyclist; (vi) clown; (vii) magician (viii) sword swallower; (ix) dancer; (x) poet; (xi) performance artist; or (xii) comedian. *History: Ord. 04-801* *History: Ord. 06-191* *History: Ord. 22-124* *History: * #### § 15-2 Balt., Md., Code art. 15, § 15-2 (2026) Reserved #### § 15-3 Balt., Md., Code art. 15, § 15-3 (2026) Reserved #### § 15-4 Balt., Md., Code art. 15, § 15-4 (2026) Reserved *History: Ord. 04-801* *History: Ord. 06-191* *History: * #### § 15-5 Balt., Md., Code art. 15, § 15-5 (2026) Reserved *History: Ord. 04-801* *History: Ord. 16-503* *History: * #### § 15-6 Balt., Md., Code art. 15, § 15-6 (2026) Reserved *History: Ord. 04-801* *History: * #### § 15-7 Rules and regulations. Balt., Md., Code art. 15, § 15-7 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department shall adopt rules and regulations to carry out this subtitle. *History: Ord. 04-801* *History: Text Conformed 03/01/21* *History: * #### § 15-8 Balt., Md., Code art. 15, § 15-8 (2026) Reserved #### § 15-9 License required. Balt., Md., Code art. 15, § 15-9 (2026) No person may perform as a street entertainer without first having obtained a license to do so from the Department. *History: Ord. 04-801* *History: * #### § 15-10 Classes and scope of licenses. Balt., Md., Code art. 15, § 15-10 (2026) (a) In its rules and regulations, the Department shall: (1) designate various classes of licenses to be issued; and (2) for each class of license, specify: (i) the types of entertainment that may be performed under the license; (ii) the locations or areas for which the license is effective; (iii) the days and times for which the license is effective; and (iv) the maximum number of licenses to be issued for a particular location or area or for a particular day or time of day. (b) In designating classes and specifying limitations, the Department shall consider: (1) the volume and types of vehicular and pedestrian traffic in a proposed street entertainment location or area; (2) the proximity of schools, religious institutions, parks, or residencies to a proposed street entertainment location or area; (3) the number of licenses issued to the same person; and (4) the impact of street entertainment activities on the health, safety, and general welfare of the public. *History: Ord. 04-801* *History: * #### § 15-11 Limitations and conditions. Balt., Md., Code art. 15, § 15-11 (2026) The Department may impose reasonable limitations on any license issued under this subtitle, as necessary or proper to carry out the purpose and intent of this subtitle. *History: Ord. 04-801* *History: * #### § 15-12 Applications. Balt., Md., Code art. 15, § 15-12 (2026) (a) An application for a license must be made in the form the Department requires. (b) The application must be accompanied by a one-time, non-refundable application fee of $25, to cover the cost of investigating and processing the application. (c) The application must contain: (1) the applicant’s name and address; (2) the applicant’s age; (3) the type of entertainment for which the license is sought; (4) the location or area for which the license is sought; and (5) any other information the Department requires. (d) The application must be verified before a notary public or other officer authorized to administer oaths. *History: Ord. 04-801* *History: Ord. 06-191* *History: * #### § 15-13 Term, renewal, fees. Balt., Md., Code art. 15, § 15-13 (2026) (a) Unless renewed, a license expires on the 1st anniversary of its effective date. (b) Before a license expires, a licensee may renew it for an additional 1-year term, if the licensee submits to the Department a renewal application in the form the Department requires. (c) (1) Except as specified in paragraph (2) of this subsection, no fee may be imposed for the timely renewal of a license. (2) If a licensee seeks to modify the terms of her or his license (e.g., location or type of entertainment), the renewal application must be accompanied by a one-time, non-refundable application fee of $25. *History: Ord. 04-801* *History: Ord. 06-191* *History: * #### § 15-14 Entertainer identification. Balt., Md., Code art. 15, § 15-14 (2026) (a) The Department shall issue an identification badge for each license issued. (b) The identification badge: (1) shall be of laminated plastic or other durable substance; and (2) shall bear: (i) the name and address of the licensee; (ii) the type of entertainment for which the license is issued; (iii) the location or area for which the license is issued; (iv) the days or times to which the license is limited; (v) the year for which the license is issued; and (vi) an identifying number that corresponds with the number of the license. (c) Each entertainer must prominently display the badge while entertaining. (d) If a badge is lost, the Department shall issue a replacement badge on payment by the licensee of a $10 fee. *History: Ord. 04-801* *History: Ord. 06-191* *History: * #### § 15-15 BOPA to assist. Balt., Md., Code art. 15, § 15-15 (2026) The Baltimore Office of Promotion and The Arts, or its successor, shall assist the Department by: (1) advertising and promoting the availability of licenses under this subtitle; and (2) distributing to licensees the licenses and badges issued under this subtitle. *History: Ord. 06-191* *History: * #### § 15-16 Prohibited conduct. Balt., Md., Code art. 15, § 15-16 (2026) A street entertainer may not: (1) set any fee or require any donation for his or her performance; or (2) suggest any minimum or maximum donation. *History: Ord. 04-801* #### § 15-17 Balt., Md., Code art. 15, § 15-17 (2026) Reserved #### § 15-18 Revocations and suspensions. Balt., Md., Code art. 15, § 15-18 (2026) (a) The Department may suspend or revoke a license if the licensee violates any provision of: (1) this subtitle; (2) the rules and regulations adopted under this subtitle; or (3) any other applicable law of the State or City. (b) On a street entertainer’s 3rd violation of any provision, the Department must revoke the street entertainer’s license. (c) If a license is revoked, the former licensee may not apply for a new license until 1 year from the date of revocation. *History: Ord. 04-801* *History: * #### § 15-19 Administrative appeals. Balt., Md., Code art. 15, § 15-19 (2026) (a) An aggrieved party may appeal to the Board of Consumer Protection and Business Licensing: (1) the denial, suspension, or revocation of a license; or (2) any other decision or ruling by the Department. (b) The appeal must be taken in writing within 10 days from the date of notice of the denial, suspension, revocation, decision, or ruling. (c) The Board of Consumer Protection and Business Licensing: (1) shall hold a hearing on the appeal as soon as practicable; and (2) may affirm, modify, or reverse the action of the Department. *History: Ord. 04-801* *History: * #### § 15-20 Balt., Md., Code art. 15, § 15-20 (2026) Reserved #### § 15-21 Penalties. Balt., Md., Code art. 15, § 15-21 (2026) Any person who violates any provision of this subtitle or of the rules and regulations adopted under it is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 04-801* ### Subtitle 16 ### Subtitle 17 – Street Vendors #### Part I – Definitions; General Provisions ##### § 17-1 Definitions. Balt., Md., Code art. 15, § 17-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Department” means the Baltimore City Department of Consumer Protection and Business Licensing. (c) (1) “Food product” means any item used as food, drink, confectionery, or condiment for human consumption, whether simple or compound. (2) “Food product” does not include medicine, drugs, or alcohol. (d) “Ice cream truck” means a vendor that earns substantially all of its revenue from the sale of ice cream or similar frozen food confections from a vehicle. (e) (1) “Mobile vendor” means any person that sells, distributes, or offers to sell or distribute food products, other merchandise of any kind, or services from a motor vehicle on City streets or private property within the City of Baltimore. (2) “Mobile vendor” does not include a horse-drawn wagon. (f) “Mobile vending zone” means an area designated in accordance with § 17-5 {“Mobile vending zones”} of this subtitle for the use of mobile vendors. (g) “Motor vehicle” has the meaning stated in Article 31, §1-2(c){“Motor vehicle”}. (h) (i) “Street” means any street, boulevard, road, highway, alley, lane, sidewalk, footway, mall, esplanade, or other way or place that is owned by the City or habitually used by the public. (j) “Street vendor” means: (1) a mobile vendor; or (2) any other person who sells or distributes, or offers to sell or distribute food products or other merchandise on any street. (k) “Vendor truck” means any motor vehicle used for the purpose of selling any food product, other merchandise, or service by a mobile vendor. (l) “Vendor vehicle” means: (1) any animal-drawn wagon; (2) any motor vehicle; or (3) any trailer, handcart, pushcart, or other vehicle. *History: Ord. 74-590* *History: Ord. 86-685* *History: Ord. 04-854* *History: Ord. 14-237* *History: Ord. 22-124* *History: Ord. 22-125* *History: * ##### § 17-2 Balt., Md., Code art. 15, § 17-2 (2026) Reserved ##### § 17-3 Balt., Md., Code art. 15, § 17-3 (2026) Reserved ##### § 17-4 Rules and regulations. Balt., Md., Code art. 15, § 17-4 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department of Consumer Protection and Business Licensing, in consultation with the Department of Transportation may adopt rules and regulations to carry out this subtitle. (b) In accordance with General Provisions Article § 4-301, the Department of Consumer Protection and Business Licensing must publish, for public hearing and comment, notice of all rules and regulations proposed for adoption under this subtitle. (c) A copy of all rules and regulations under this subtitle must be filed with the Department of Legislative Reference at least 30 days before they take effect. *History: Ord. 74-590* *History: Ord. 77-493* *History: Ord. 99-526 Ord. 04-854* *History: Ord. 14-237* *History: Text Conformed 03/01/21* *History: Ord. 22-124* *History: * ##### § 17-5 Mobile vending zones. Balt., Md., Code art. 15, § 17-5 (2026) (a) (1) After public notice has been provided to area business and neighborhood organizations, the Director of Transportation, in consultation with the Department of Consumer Protection and Business Licensing may designate spaces on City streets or other public property as “mobile vending zones” for the exclusive use of mobile vendors during designated hours. (2) A proposed designation under paragraph (1) of this subsection must contain an assessment of the zone’s potential impact on: (i) vehicular and pedestrian traffic, including any impediment to ingress to and egress from established businesses; (ii) public safety and health; (iii) parking in the area; and (iv) area residents and businesses. (3) No mobile vending zone may be designated within 2 blocks of the grounds of any building used as a public or private kindergarten, elementary school, or secondary school. (b) The mobile vending zones designated under this section may be set aside for the use of mobile vendors at all times or for specified times, dates, and days. (c) The Department of Transportation in consultation with the Department of Consumer Protection and Business Licensing may temporarily relocate or suspend mobile vending zones at any time due to emergencies or to further public safety, public health interests, or City operations. (d) Mobile vending zones designated under this section must be marked by clear signs that specify the hours and times during which the zones are reserved for the exclusive use of mobile vendors. (e) The rules and regulations adopted under this subtitle must: (1) establish a process and timeline for requesting, establishing, assigning, and removing mobile vending zones; and (2) require a public hearing, as well as provide an opportunity for the filing of written protests, before a mobile vending zone is designated. *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### § 17-6 Newspaper sales excepted from subtitle. Balt., Md., Code art. 15, § 17-6 (2026) This subtitle does not apply to the sale of newspapers. *History: Ord. 04-854* *History: Ord. 14-237* ##### §§ 17-7 to 17-14 Balt., Md., Code art. 15, § 17-7 to 17-14 (2026) Reserved #### Part II – Licensing ##### § 17-15 License required. Balt., Md., Code art. 15, § 17-15 (2026) No street vendor may operate in Baltimore City without first having obtained a license to do so from the Department of Consumer Protection and Business Licensing. *History: Ord. 74-590* *History: Ord. 77-493* *History: Ord. 99-526 Ord. 04-854* *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### § 17-16 Classes and scope of licenses. Balt., Md., Code art. 15, § 17-16 (2026) (a) In its rules and regulations, the Department may: (1) designate various classes of licenses to be issued; and (2) for each class of license, specify: (i) the types of merchandise that may be sold under the license; (ii) the locations or areas for which the license is effective; (iii) the days and times for which the license is effective; (iv) the maximum number of licenses to be issued for a particular location or area or for a particular day or time of day; (v) the maximum number of licenses of each class that may be issued in total; and (vi) the maximum number of licenses that may be issued to a single person. (b) In designating classes and specifying limitations, the Department, in consultation with the Department of Transportation, must consider: (1) the volume and types of vehicular and pedestrian traffic in a proposed vending location or area; (2) the proximity to a proposed vending location or area of schools, religious institutions, parks, and residences; (3) the number of licenses issued to the same person; (4) the impact of street vending activities on the health, safety, and general welfare of the public; and (5) comments from area schools, businesses, institutions, and residents. *History: Ord. 74-590* *History: Ord. 77-493* *History: Ord. 04-854* *History: Ord. 14-237* *History: * ##### § 17-17 Limitations and conditions. Balt., Md., Code art. 15, § 17-17 (2026) (a) The Department of Consumer Protection and Business Licensing may impose reasonable limitations and conditions on any license issued under this subtitle, as necessary or proper to carry out the purpose and intent of this subtitle. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, the Department may determine the size, shape, design, and dimensions of any container, conveyance, sign, table, chair, other appurtenance, or vendor vehicle to be used in connection with a license issued under this subtitle. (2) The Department may not issue a new or renewal license for a mobile vendor to operate out of any vehicle with a total operating space that is longer than 25 feet, including any generator, hitch, trailer, or other motor vehicle attachment. *History: Ord. 74-590* *History: Ord. 77-493* *History: Ord. 04-854* *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### § 17-18 Applications. Balt., Md., Code art. 15, § 17-18 (2026) (a) An application for a license must be made in the form that the Department of Consumer Protection and Business Licensing requires. (b) The application must contain: (1) the applicant’s name and address; (2) the applicant’s age; (3) the type of merchandise or service for which the license is sought; (4) the location or area for which the license is sought; (5) for the sale of any food product, evidence that the applicant has obtained the appropriate license from the Health Department; and (6) any other information that the Department of Consumer Protection and Business Licensing requires. (c) (1) The application must be signed and verified before a notary public or other officer authorized to administer oaths. (2) If the application is by a sole proprietorship, it must be signed by the owner; if by a partnership, it must be signed by an authorized partner; or, if by a corporation, limited liability company, or similar entity, it must be signed by an authorized officer. *History: Ord. 74-590* *History: Ord. 77-493* *History: Ord. 04-854* *History: Ord. 04-237* *History: Ord. 22-124* *History: * ##### § 17-19 Term and renewal. Balt., Md., Code art. 15, § 17-19 (2026) (a) Except as provided in § 17-20 {“Temporary Licenses”} of this subtitle, a license expires on the 1st anniversary of its effective date. (b) (1) Before a license expires, the street vendor may renew it for an additional 1-year term. (2) A renewal application must be: (i) in the form the Department of Consumer Protection and Business Licensing requires; and (ii) submitted to the Department, with the applicable annual fee, at least 30 days before the current license expires. *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### § 17-20 Temporary licenses. Balt., Md., Code art. 15, § 17-20 (2026) (a) The Department of Consumer Protection and Business Licensing may issue a temporary license to be used in connection with a charitable, educational, artistic, civic, or other public function or activity. (b) (1) The term of a temporary license is 4 days. (2) A temporary license may be renewed for 1 additional 4-day period on application and payment of an additional license fee for that renewal period. (3) Further renewal periods beyond the 1 authorized by paragraph (2) of this subsection require the approval of the Department after consultation with affected businesses, residents, and community organizations. *History: Ord. 74-590* *History: Ord. 77-491* *History: Ord. 04-854* *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### § 17-21 Fees. Balt., Md., Code art. 15, § 17-21 (2026) (a) Application, license, and other fees are as set by the Board of Estimates from time to time. (b) The fees established by the Board of Estimates may vary based on the license class, vendor type, or location at which a vendor is authorized to operate. *History: Ord. 74-590* *History: Ord. 77-435* *History: Ord. 77-491* *History: Ord. 77-493* *History: Ord. 90-507* *History: Ord. 04-854* *History: Ord. 14-237* ##### § 17-22 Department to maintain list of licenses. Balt., Md., Code art. 15, § 17-22 (2026) The Department must maintain a list of all current licenses issued under this subtitle. *History: Ord. 14-237* ##### § 17-23 Balt., Md., Code art. 15, § 17-23 (2026) Reserved ##### § 17-24 Vendor identification – In general. Balt., Md., Code art. 15, § 17-24 (2026) (a) This section does not apply to a person who obtains a country grower’s license under§ 17-25 {“Vendor identification – Country growers”} of this subtitle. (b) The Department of Consumer Protection and Business Licensing must issue an identification badge for each license issued. (c) The identification badge: (1) must be of laminated plastic or other durable substance; and (2) must bear: (i) the street vendor’s name and address; (ii) the type of merchandise or service for which the license is issued; (iii) the location or area for which the license is issued; (iv) the days or times to which the license is limited; (v) the date on which the license expires; and (vi) an identifying number that corresponds with number of the license. (d) While vending, each street vendor must prominently display the badge in the manner specified in the rules and regulations adopted under this subtitle. (e) If a badge is lost, the Department must issue a replacement badge on payment by the licensee of the applicable fee. *History: Ord. 74-590* *History: Ord. 77-493* *History: Ord. 04-854* *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### § 17-25 Vendor identification – Country growers. Balt., Md., Code art. 15, § 17-25 (2026) (a) A street vendor who sells fruits, vegetables, or other perishable articles that have been produced or grown by that vendor may apply for a special, country grower’s license under this section. (b) The application for a country grower’s license must contain, in addition to the information required by § 17-18 {“Applications”} of this subtitle: (1) the location of the land from which the fruits, vegetables, and other perishable articles are produced or grown; (2) whether the applicant owns or leases that land and, if the latter, the name of the owner and the term of the lease; and (3) a statement that the applicant: (i) intends to use the license personally or by agent solely for the sale of his or her own produce; and (ii) will not permit the license or the sign issued under this section to be used by any other person or for the sale of any produce other than that which he or she produces or grows. (c) (1) Instead of the badge provided for in § 17-24 {“Vendor identification – In general”} of this subtitle, the Department of Consumer Protection and Business Licensing must provide the producer or grower with a sign to be displayed on his or her vehicle. (2) This sign must be: (i) of the size and design the Department determines; and (ii) imprinted with: (A) the words “Country Grower’s License No. ”; and (B) the date the license expires. (3) The producer or grower must display this sign in a conspicuous place on his or her vendor vehicle. *History: Ord.13-252* *History: Ord. 76-067* *History: Ord. 99-526* *History: Ord. 04-854* *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### §§ 17-26 to 17-29 Balt., Md., Code art. 15, § 17-26 to 17-29 (2026) Reserved #### Part III – Prohibited Conduct ##### § 17-30 Food vendors – Receptacles; clean-up. Balt., Md., Code art. 15, § 17-30 (2026) (a) Every street vendor of food products must provide sufficient trash receptacles for the use of customers. (b) On leaving any location, the street vendor must remove all trash within a 10-foot radius of the place at which the vendor vehicle stood or was parked. *History: Ord. 77-592* *History: Ord. 04-854* *History: Ord. 14-237* ##### § 17-31 Balt., Md., Code art. 15, § 17-31 (2026) Reserved ##### § 17-32 Mobile vendors – Near mobile vending zones. Balt., Md., Code art. 15, § 17-32 (2026) A mobile vendor may not park a vendor truck within 2 blocks of a mobile vending zone. *History: Ord. 14-237* ##### § 17-33 Mobile vendors – Near retail store. Balt., Md., Code art. 15, § 17-33 (2026) A mobile vendor may not park a vendor truck within 300 feet of any retail business establishment that is primarily engaged in selling the same type of food product, other merchandise, or service as that offered by the mobile vendor. *History: Ord. 69-526* *History: Ord. 70-708* *History: Ord. 99-548* *History: Ord. 04-672* *History: Ord. 04-854* *History: Ord. 14-237* ##### § 17-34 Mobile food vendors – Operating without logbook. Balt., Md., Code art. 15, § 17-34 (2026) (a) A mobile vendor may not sell any food product without keeping a detailed logbook noting the vendor’s daily use of its supporting commissary. (b) The logbook must: (1) be in the form the Department of Consumer Protection and Business Licensing requires; and (2) contain all the information required by the rules and regulations adopted under this subtitle. (c) The logbook must be made available for review to any City inspector or enforcement officer upon request. *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### § 17-35 All Vendors – Residential areas. Balt., Md., Code art. 15, § 17-35 (2026) (a) In a residential area, no street vendor may stand or park his or her vehicle: (1) for more than 15 minutes at a given location, except as authorized by subsection (b) of this section; or (2) within 300 feet of any location at which the vehicle stood or parked during the preceding 48 hours. (b) An ice cream truck may not stand or park at a given location for more than 15 minutes unless necessary to serve immediate customers. *History: Ord. 14-237* ##### § 17-36 All vendors – Between midnight and 6 a.m. Balt., Md., Code art. 15, § 17-36 (2026) (a) Except as provided in subsection (b) of this section, a street vendor may not operate between the hours of midnight and 6 a.m. (b) Subsection (a) of this section does not apply to a street vendor operating between the hours of midnight and 6 a.m. in accordance with the terms and conditions of a special event permit from the Department of Consumer Protection and Business Licensing that explicitly grants permission to operate during those hours. *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### § 17-37 All vendors – Near City market. Balt., Md., Code art. 15, § 17-37 (2026) No street vendor may operate within 2 blocks of a City market designated in City Code Article 16, § 1-2 {“Scope of article”}. *History: Ord. 14-237* ##### § 17-38 All vendors – Near school or school transit stop. Balt., Md., Code art. 15, § 17-38 (2026) From 7 a.m. to 8 p.m., no street vendor may stand or park her or his vendor vehicle within 2 blocks of the grounds of: (1) any building used as a public or private kindergarten, elementary school, or secondary school; or (2) any public transit stop serving a kindergarten, elementary school, or secondary school. *History: Ord. 77-592* *History: Ord. 04-854* *History: Ord. 14-237* ##### § 17-39 All vendors – Near farmers’ market. Balt., Md., Code art. 15, § 17-39 (2026) (a) Except as provided in subsection (b) of this section, a street vendor may not sell any food product, other merchandise, or service within 2 blocks of the perimeter of any farmers’ market authorized by the Commissioner of Housing and Community Development when the farmers’ market is in operation. (b) Subsection (a) of this section does not apply to a street vendor who: (1) has written permission from the farmers’ market organizer and permit holder to operate as a participating vendor of the farmers’ market; and (2) prominently displays documentation evidencing this permission issued in accordance with the rules and regulations adopted under this subtitle. *History: Ord. 84-033* *History: Ord. 03-595* *History: Ord. 04-854* *History: Ord. 14-237* ##### § 17-40 Balt., Md., Code art. 15, § 17-40 (2026) Reserved #### Part IV – Penalties; Enforcement ##### § 17-41 Enforcement by citation. Balt., Md., Code art. 15, § 17-41 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”} (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 14-237* ##### § 17-42 Criminal penalties. Balt., Md., Code art. 15, § 17-42 (2026) A person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a penalty of $500 for each offense. *History: Ord. 14-237* ##### § 17-43 Balt., Md., Code art. 15, § 17-43 (2026) Reserved ##### § 17-44 Revocations and suspensions. Balt., Md., Code art. 15, § 17-44 (2026) (a) The Department of Consumer Protection and Business Licensing may suspend or revoke a license if the licensee violates any provision of: (1) this subtitle; (2) the rules and regulations adopted under this subtitle; or (3) any other applicable law of the State or City. (b) On a street vendor’s 3rd violation of any provision of Part III of this subtitle within any 1-year period, the Department must revoke that street vendor’s license. (c) If a license is revoked, the former licensee may not apply for a new license until at least 1 year from the date of revocation. (d) The Department’s issuance of a denial, suspension, or revocation of a license is effective immediately, and any operations previously allowed by the denied, suspended, or revoked license must cease immediately and may not resume until the Board of Municipal and Zoning Appeals issues a written decision reversing the Department’s decision. *History: Ord. 74-590* *History: Ord. 04-854* *History: Ord. 14-237* *History: Ord. 22-124* *History: * ##### § 17-45 Administrative appeals. Balt., Md., Code art. 15, § 17-45 (2026) Reserved Repealed. *History: Ord. 74-590* *History: Ord. 04-854* *History: Ord. 14-237* *History: Ord. 22-124* *History: * ### Subtitle 18 – Itinerant Wholesale Produce Dealers #### § 18-1 Definitions. Balt., Md., Code art. 15, § 18-1 (2026) (a) The term “established place of business”, as used in this subtitle, shall mean and include any building or room licensed for the handling of the products in this subtitle named. (b) The term “itinerant wholesale produce dealer”, for the purposes of this subtitle, shall mean and include any person, firm, association, or corporation who is a non-resident of the City of Baltimore and/or the State of Maryland and who is without an established place of business within the City of Baltimore, selling or offering for sale from any cart, wagon, truck, automobile, or other vehicle any fruits, vegetables, garden produce, butter, eggs, cheese, game, veal, pork, mutton, lamb, rabbits, or poultry not grown, raised, produced, made, manufactured, caught, trapped, or killed in the State of Maryland to any person, firm, or corporation for the purpose of resale, or to any restaurant, hotel, or public institution within the City of Baltimore. *History: Ord. 33-449* #### § 18-2 Scope of subtitle - general exceptions. Balt., Md., Code art. 15, § 18-2 (2026) (a) Provided, however, that this subtitle shall not apply to or affect any dealer having an established place of business within the City of Baltimore. (b) Nor shall it apply to or affect any person, firm, or corporation who sells exclusively to or through, or who buys exclusively from, a duly accredited wholesale food establishment that is licensed and complies with the requirements, as such, of the City of Baltimore, and State of Maryland. *History: Ord. 33-449* #### § 18-3 Scope of subtitle - local produce. Balt., Md., Code art. 15, § 18-3 (2026) (a) Provided further, that this subtitle shall not apply to a farmer or producer or person who offers for sale or sells to retailers, hotels, restaurants, processors, or public institutions or to commission merchants the products herein mentioned, or any of them, which were grown, raised, or produced, made, manufactured, caught, trapped, or killed, within the State of Maryland. (b) But it shall be unlawful, however, for any such farmer or producer or person or any employees of such farmer or producer, or person to engage in the business of selling the products herein mentioned, or any of them, to retailers, hotels, restaurants, or public institutions within the City of Baltimore unless he applies annually to the Director of Consumer Protection and Business Licensing for a permit so to sell. (c) (1) Any farmer or producer or person desiring to secure such permit shall file with the Director of Consumer Protection and Business Licensing annually an application, with his post office address, subscribed and sworn to before a notary public, which shall state that he will sell or offer for sale only such products as were grown, raised, produced, made, manufactured, caught, trapped, or killed in the State of Maryland. (2) It shall be the duty of the said Director of Consumer Protection and Business Licensing to investigate and verify the statements of the applicant if he is not satisfied with the proofs submitted. (d) (1) The permits issued to farmers or producers or persons shall be in the form of a metal plate, on which shall be printed or stamped “Farmer’s Permit No. ”. (2) The fee for such permit shall not exceed $1 each. (e) Said plate shall be displayed in a conspicuous place on wagon or other vehicle by said farmer or producer or person at all times when selling his products. *History: Ord. 33-449* *History: Ord. 76-067* *History: * #### § 18-4 License required for itinerant dealers. Balt., Md., Code art. 15, § 18-4 (2026) It shall be unlawful for any person, firm, association, or corporation to conduct or operate the business of an itinerant wholesale produce dealer, as hereinbefore in this subtitle defined, without first having obtained a license so to do. *History: Ord. 33-449* *History: Ord. 76-067* #### § 18-5 Applications. Balt., Md., Code art. 15, § 18-5 (2026) (a) Written application therefor shall be made to the Director of Consumer Protection and Business Licensing on forms prepared by the Director. (b) (1) Such application shall contain: (i) the name and address of the applicant; (ii) if the applicant is a firm, the name and address of each member of the firm; and (iii) if the applicant is a corporation or association, the names and addresses of its principal officers. (2) The application shall contain such further information as may be required by the Director of Consumer Protection and Business Licensing in order to inform him fully as to the nature of the business, the equipment and facilities to be used. *History: Ord. 33-449* *History: Ord. 76-067* *History: * #### § 18-6 Fees; term; transfers. Balt., Md., Code art. 15, § 18-6 (2026) (a) The license fee for each and every cart, wagon, truck, automobile, or other vehicle used in the business of an itinerant wholesale produce dealer and operated or propelled along or upon the streets or thoroughfares of the City of Baltimore shall be $200 per annum, or a portion thereof, for each vehicle, which amount shall be paid to the Director of Finance. (b) Said license: (1) shall expire on January 1 of each year; and (2) shall not be transferable. *History: Ord. 33-449* *History: Ord. 76-067* #### § 18-7 Regulations. Balt., Md., Code art. 15, § 18-7 (2026) (a) The following regulations and conditions shall be observed by itinerant wholesale produce dealers licensed under this subtitle. (b) (1) Each such dealer shall have his name, address, and the number of his license painted conspicuously on both sides of his, its, or her cart or carts, wagon or wagons, truck or trucks, automobile or automobiles, or other vehicles in letters and figures of not less than 2 inches in height, or have the same printed or stamped on metal plates to be so displayed on both sides of said vehicles. (2) And he or she or it shall also carry such license and shall exhibit the same whenever required by any police officer or other officer authorized under the laws or ordinances of the City of Baltimore to make arrests. (c) In addition to the conditions and regulations above set forth, each itinerant wholesale produce dealer licensed under this subtitle shall be subject to the laws of Maryland and the ordinances of Baltimore City governing the sale of food products. *History: Ord. 33-449* #### § 18-8 Revocation of license. Balt., Md., Code art. 15, § 18-8 (2026) The Director of Consumer Protection and Business Licensing may revoke such license at any time by notice in writing whenever it shall appear to his satisfaction that the licensee has violated the provisions of this subtitle and has failed to correct same upon due notice from the Director. *History: Ord. 33-449* *History: Ord. 76-067* *History: * #### § 18-9 Balt., Md., Code art. 15, § 18-9 (2026) Reserved #### § 18-10 Enforcement by citation. Balt., Md., Code art. 15, § 18-10 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-595* ### Subtitle 19 – Newspaper Vending Boxes in Downtown Area #### § 19-1 Definitions. Balt., Md., Code art. 15, § 19-1 (2026) (a) Whenever the following words and phrases are used in this subtitle, they shall have the meaning ascribed to them in this section. (b) “Commissioner” shall mean the Commissioner of Housing and Community Development or his or her designated representative. (c) “Distributor” shall mean the person responsible for placing and maintaining a newspaper vending box in a public right-of-way in the downtown area. (d) (1) “Downtown area” shall mean that area of Baltimore City within the following boundaries: Beginning at the intersection of Fallsway and Madison Street, thence in a general southerly and southeasterly direction along Fallsway to Baltimore Street, thence westerly along Baltimore Street to West Falls Avenue, thence southerly along West Falls Avenue to Pratt Street, thence easterly along Pratt Street to East Falls Avenue, thence southerly along East Falls Avenue to Aliceanna Street, thence westerly along an imaginary line connecting the intersection of East Falls Avenue and Aliceanna Street to the intersection of Light Street and Lee Street, thence westerly along Lee Street to Russell Street, thence northerly along Russell Street to Greene Street, thence northerly along Greene Street to Pennsylvania Avenue, thence northwesterly along Pennsylvania Avenue to St. Mary Street, thence northeasterly along St. Mary Street to Eutaw Street, thence southerly along Eutaw Street to Madison Street, thence easterly along Madison Street to its intersection with Fallsway, the point of beginning. (2) This area is identical to the boundaries of the Downtown Fire District, as described in the Baltimore City Building Code. (3) The area shall include both sides of each street referred to in the above description establishing the boundaries of said area. (e) “Newspaper vending box” shall mean any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspapers or similar publications. (f) “Parkway” shall mean: (1) the area between the sidewalk and the curb of a roadway; (2) where there is no sidewalk, that area between the edge of the roadway and the edge of a public right-of-way; and (3) any area within a roadway that is not open to vehicular travel. (g) (1) “Public right-of-way” shall mean any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel. (2) “Public right-of-way” includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square, and any other similar public way. (h) “Roadway” shall mean that part of a public right-of-way that is designated and used primarily for vehicular travel. (i) “Sidewalk” shall mean that part of a public right-of-way that is designated and ordinarily used for pedestrian travel. *History: Ord. 86-859* #### § 19-2 Compliance with subtitle required. Balt., Md., Code art. 15, § 19-2 (2026) No person shall knowingly place, install, use, or maintain any newspaper vending box which rests in whole or in part upon, in, or on any portion of a public right-of-way in the downtown area or which projects onto, into, or over any part of a public right-of-way in the downtown area, except in compliance with the provisions of this subtitle. *History: Ord. 86-859* #### § 19-3 Standards for vending boxes. Balt., Md., Code art. 15, § 19-3 (2026) (a) Any newspaper vending box which rests in whole or in part upon, in, or on any portion of a public right-of-way in the downtown area or which projects onto, into, or over any part of a public right-of-way in the downtown area, shall comply with the standards set forth in this section. (b) (1) No newspaper vending box shall exceed 60 inches in height, 30 inches in width, and 24 inches in depth. (2) Where the volume of newspaper sales or the bulk of the particular publication being sold warrants, double boxes or additional boxes at the same location are permitted. (c) No commercial advertising signs or material other than those dealing with the name of the publication contained within the newspaper vending box or anything related to the information conveyed by that publication shall be displayed on the outside of any newspaper vending box. (d) Each newspaper vending box shall be equipped with a coin-return mechanism to permit a person using the machine to secure immediate refund in the event he is unable to receive the publication for which he has paid. The coin-return mechanism shall be maintained in good working order. (e) Each newspaper vending box shall have affixed to it in a readily visible place, so as to be seen by anyone using the newspaper vending box, a notice setting forth: (1) the name of the distributor; and (2) the telephone number of a working telephone service to call: (i) to report a malfunction; (ii) to secure a refund in the event of a malfunction of the coin return mechanism; or (iii) to give the notices provided for in this subtitle. (f) (1) Each newspaper vending box shall be maintained in a neat and clean condition and in good repair at all times. (2) Specifically, but without limiting the generality of the foregoing, each newspaper vending box shall be serviced and maintained so that: (i) it is reasonably free of dirt and grease; (ii) it is reasonably free of chipped, faded, peeling, and cracked paint in the visible, painted areas thereof; (iii) it is reasonably free of rust and corrosion in the visible, unpainted metal areas thereof; (iv) the clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes, and discoloration; (v) the paper or cardboard parts of inserts thereon are reasonably free of tears, peeling, or facing; and (vi) the structural parts thereof are not broken or unduly misshapen. *History: Ord. 86-859* #### § 19-4 Location of vending boxes. Balt., Md., Code art. 15, § 19-4 (2026) (a) Any newspaper vending box which rests in whole or in part upon, in, or on any portion of a public right-of-way in the downtown area, or which projects onto, into, or over any part of a public right-of-way in the downtown area, shall be located in accordance with the provisions of this section. (b) No newspaper vending box shall be located in whole or in part in any roadway. (c) (1) The provisions contained in paragraph (3)(i) to (v) of this subsection shall not apply if such provisions would prohibit the placement of newspaper vending boxes for a distance of 100 feet on the same side of the street in the same block. (2) “Crosswalk” means the area marked by the outside edges of the 2 parallel lines indicating the crosswalk, and not by the car stop line running parallel to the crosswalk. (3) No newspaper vending box shall be placed, installed, used, or maintained: (i) within 12 inches of any marked crosswalk; (ii) within 12 inches of the line marked by the extension of the interior edge of the sidewalk, in the absence of a marked crosswalk; (iii) within 3 feet of either end of any bus stop bench located within 3 feet of the curb; (iv) within any designated bus stop along the curb; (v) within 75 feet of any other newspaper vending box on the same side of the street in the same block containing the same issue or edition of the same publication, unless the box be a double box or 2 boxes located together as provided for in § 19-3(b); (vi) within 3 feet of any fire hydrant or 3 feet from the front of any fire call box, police call box, or other emergency facility; (vii) within 3 feet of any driveway; or (viii) at any location where the clear space for the passageway of pedestrians is reduced to less than 4 feet. (d) (1) Newspaper vending boxes shall be located only: (i) near the curb or, if there be no curb, the edge of the roadway; or (ii) along the building, wall, or other structure. (2) Newspaper vending boxes located near the curb shall be located no less than 12 inches nor more than 24 inches from the roadway edge of the curb. (3) Newspaper vending boxes located adjacent to a building, wall, or other structure shall be located parallel to and not more than 6 inches from the wall thereof. (e) (1) Newspaper vending boxes may be placed next to each other, provided that no group of newspaper vending boxes shall extend for a distance of more than 8 feet along a curb, and a space of not less than 3 feet shall separate each group of newspaper vending boxes. (2) No newspaper vending box shall be located on a sidewalk or parkway directly opposite another newspaper vending box unless the distance between them is at least 8 feet. (f) (1) The City may, after notice to (or request from) and consultation with each newspaper distributor who has a newspaper box or boxes at any particular location, erect structural tube pipe fixtures (U-shaped type or post type) to which newspaper vending boxes may be attached. (2) The City shall, to the extent possible, place any such fixtures in the proximity to the location of existing newspaper vending boxes, the corner of the intersection, and pedestrian traffic so as to maximize the convenience and availability to the public of any newspaper vending boxes to be attached to any such fixtures. (3) When such a fixture has been erected by the City, no newspaper vending box shall be placed on the same side of the street on the same block within 75 feet of that fixture if a vacancy exists in the fixture. If no vacancy exists, then newspaper vending boxes may be placed at any location otherwise in compliance with the provisions of this section. (g) (1) Newspaper vending boxes shall not be attached to any: (i) fire hydrant, fire call box, police call box, or other emergency facility; or (ii) sign post with a diameter of 2½ inches or less. (2) A newspaper vending box may be attached to any other fixture located in the public right-of-way, at any point on the post, if: (i) its location is in compliance with the provisions of this section; and (ii) so as to minimize lateral movement, it is securely cinched to said fixture by means of a vinyl-coated cable that is: (A) color coded to match the box or fixture; and (B) designed to avoid damage to the fixture. (h) (1) A newspaper vending box may be free-standing or may be attached to any concrete City sidewalk by bolts or other devices if its location is in compliance with the provisions of this section. (2) Upon removal of any such box, any bolt holes or other damage to the sidewalk shall be repaired by the newspaper distributor whose newspaper vending box caused the holes or damage. *History: Ord. 86-859* #### § 19-5 Minor privilege requirements not affected. Balt., Md., Code art. 15, § 19-5 (2026) This subtitle shall be deemed to have no effect on the minor privilege application process required by Article VIII of the City Charter. *History: Ord. 86-859* #### § 19-6 Enforcement. Balt., Md., Code art. 15, § 19-6 (2026) (a) (1) Upon a determination by the Commissioner that a newspaper vending box has been installed, used, or maintained in violation of any of the provisions of this subtitle, he or she shall cause an order to be issued to the distributor to correct the offending condition. (2) The order shall be: (i) telephoned to the distributor; and (ii) confirmed by mailing a copy of the order by certified mail, return receipt requested, to the distributor. (3) The order shall: (i) specifically describe the offending condition; (ii) suggest actions necessary to correct it; and (iii) advise the distributor of its right to appeal the order pursuant to § 19-7. (b) (1) If, within 5 days (excluding Saturdays, Sundays, and legal holidays) after receipt of the order, the distributor fails to properly correct the offending conditions or request an appeal hearing before the Board of Estimates, the Commissioner shall cause the offending newspaper vending box to be summarily removed and processed as unclaimed property under applicable provisions of law relating thereto. (2) If the distributor of the offending newspaper vending box cannot be identified, the newspaper vending box shall be removed immediately and processed as unclaimed property under applicable provisions of law. (3) The foregoing provisions are not exclusive and are in addition to any other penalty or remedy provided by law. *History: Ord. 86-859* #### § 19-7 Appeals. Balt., Md., Code art. 15, § 19-7 (2026) (a) Within 5 days (excluding Saturdays, Sundays, and legal holidays) of receipt of an order of the Commissioner pursuant to § 19-6, any party affected by the decision may file with the Clerk to the Board of Estimates of Baltimore City a written request for a public hearing before the Board of Estimates. (b) (1) Upon the filing of such a request, the Clerk to the Board of Estimates shall set a time and place for the hearing and shall notify the parties thereof at least 5 days before the hearing date. (2) The hearing shall be held within 30 days after the request is filed. (3) The decision of the Board of Estimates shall be final in the absence of fraud or collusion. *History: Ord. 86-859* #### § 19-8 Summary correction of minor violations. Balt., Md., Code art. 15, § 19-8 (2026) In the case of minor violations of this subtitle that can be corrected on the spot, any City employee, as an alternative to the removal of the newspaper vending box, is authorized to correct the violation summarily. *History: Ord. 86-859* #### § 19-9 Abandonment. Balt., Md., Code art. 15, § 19-9 (2026) In the event a newspaper vending box remains empty for a period of 30 continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in § 19-6 for newspaper vending boxes in violation of the provisions of this subtitle. *History: Ord. 86-859* ### Subtitle 20 – Transient Merchants #### § 20-1 “Transient merchant” defined. Balt., Md., Code art. 15, § 20-1 (2026) (a) A “transient merchant” is any person who: (1) displays samples, models, goods, wares, or merchandise in any hotel or motel room, rooming house, store, club, storehouse, house, or other place for the purpose of securing orders for the retail sale of such goods, wares, or merchandise; and (2) does not own said premises or is not the holder of a formal lease thereon. (b) Exempted from this definition are farmers. *History: Ord. 71-1212* #### § 20-2 License required. Balt., Md., Code art. 15, § 20-2 (2026) No person shall engage in business as a transient merchant unless he shall first have obtained a license to do so from the Director of Consumer Protection and Business Licensing. *History: Ord. 71-1212* *History: * #### § 20-3 Application for license. Balt., Md., Code art. 15, § 20-3 (2026) An applicant for a transient merchant’s license shall provide the following information: (1) his home address; (2) the firm or firms he represents, together with credentials establishing the exact relationship; (3) a brief description of the nature of the business and the kind of goods or commodities he desires to sell; and (4) the hotel, room, or other place where the applicant proposes to sell such merchandise. *History: Ord. 71-1212* #### § 20-4 Fee. Balt., Md., Code art. 15, § 20-4 (2026) The fee for a transient merchant’s license shall be at the rate of $375 for each 60-day period or portion thereof. *History: Ord. 71-1212* *History: Ord. 77-402* #### § 20-5 Bonding; contracts; delivery. Balt., Md., Code art. 15, § 20-5 (2026) (a) Before such license is issued by the Director of Consumer Protection and Business Licensing, the applicant will be required to post a surety bond in an amount of $1,000, with a surety company licensed to do business in the State of Maryland. (b) (1) Said bond shall be approved as to form and sufficiency by the City Solicitor before such license is issued. (2) The condition of such bond shall be: (i) that said transient merchant will well and truly perform any and all contracts or sales orders made within the City; and (ii) more particularly, that if said merchant takes orders for merchandise to be delivered at a future date and accepts payment in part or in full therefor, he will deliver said merchandise in a satisfactory condition within a period of 4 months from the date of said contract, copy of which contract or sales order with full particulars is to be delivered to the purchaser at the time of sale. (3) There shall be no forfeiture in respect to the 4-months limitation where there is proof that nondelivery was due to strikes or other extraordinary events beyond the control of said merchant. However, in such event the merchant upon demand shall promptly return in full the purchaser’s deposit; and, if he fails so to do, the surety will be required to make restitution under said bond. *History: Ord. 71-1212* *History: * #### § 20-6 Reports by hotel keepers. Balt., Md., Code art. 15, § 20-6 (2026) The owner, proprietor, or manager of any hotel, motel, rooming house, or other place of public accommodation shall report, within 6 hours after renting, to the Commissioner of Police and the Director of Consumer Protection and Business Licensing, the name of any person who has rented a room or other space for the sale and display of merchandise of a transient merchant, giving the location of the room so rented. *History: Ord. 71-1212* *History: * ### Subtitle 21 – Third-Party Food Delivery Platforms #### § 21-1 Definitions. Balt., Md., Code art. 15, § 21-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Delivery fee” means a fee charged by a third-party food delivery service for providing a food service facility with a service that delivers food and beverages from the food service facility to customers. (2) “Delivery fee” does not include any other fee or cost that may be charged by a third-party food delivery service to a food service facility, such as fees for listing or advertising the food service facility on the third-party food delivery service platform or fees related to processing the online order. (c) “Director” means the director of the Department of Finance or the Director’s designee. (d) (1) “Food service facility” has the meaning stated in City Code Health Article, § 6-101(d) {“Definitions: Food service facility”}. (2) “Food service facility” does not include any food service facility that operates within a group of businesses that: (i) has 10 or more locations within Baltimore City; and (ii) operate under a common business name. (e) “Online order” means an order placed by a customer through or with the assistance of a platform provided by a third-party food delivery service, including a telephone order, for delivery or pick-up within the City. (f) (1) “Purchase price” means the price, as listed on the menu of the food service facility, for the items contained in an online order, minus any applicable coupon or promotional discount provided to the customer by the food service facility through the third-party food delivery service. (2) “Purchase price” does not include taxes, gratuities, and any other fees or costs that may make up the total amount charged to the customer of an online order. (g) “Third-party food delivery service” means any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the delivery or pick-up of food and beverages from, no fewer than 5 food service facilities located in the City that are each owned and operated by different persons. *History: Ord. 21-001* #### § 21-2 Balt., Md., Code art. 15, § 21-2 (2026) Reserved #### § 21-3 Rules and regulations. Balt., Md., Code art. 15, § 21-3 (2026) Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations to carry out the provisions of this subtitle. *History: Ord. 21-001* #### §§ 21-4 to 21-5 Balt., Md., Code art. 15, § 21-4 to 21-5 (2026) Reserved #### § 21-6 Prohibited conduct. Balt., Md., Code art. 15, § 21-6 (2026) A third-party delivery service may not: (1) charge a food service facility a delivery fee that totals more than 10 percent of the purchase price of each online order on an individual or cumulative basis; (2) charge a food service facility any amount designated as a delivery fee for an online order that does not involve the delivery of food or beverages; (3) charge a food service facility any combination of fees, commissions, or costs, including delivery fees, for the food service facility’s use of the third-party food delivery service that is greater than 15 percent of the food service facility’s monthly net sales processed through the third-party delivery service; (4) charge a food service facility any fee, commission, or cost as prohibited in items (1) through (3) of this section; (5) charge a customer any purchase price for a food or beverage item that is: (i) higher than the price set by the food service facility on the third-party food delivery service; or (ii) if no price is set by the food service facility on the third-party food delivery service, the price listed on the food service facility’s own menu; or (6) reduce the compensation rates paid to the third-party delivery service drivers or to garnish gratuities, as a result of any fee limitations instituted by this section. *History: Ord. 21-001* #### §§ 21-7 to 21-8 Balt., Md., Code art. 15, § 21-7 to 21-8 (2026) Reserved #### § 21-9 Enforcement by citation. Balt., Md., Code art. 15, § 21-9 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each instance in violation of § 21-6 {“Prohibited conduct} of this subtitle is a separate offense. *History: Ord. 21-001* #### § 21-10 Criminal penalties. Balt., Md., Code art. 15, § 21-10 (2026) (a) Any person who violates any provision of this subtitle or any provision of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each instance in violation of § 21-6 {“Prohibited conduct} of this subtitle is a separate offense. *History: Ord. 21-001* *History: Ord. 22-125* #### §§ 21-11 to 21-12 Balt., Md., Code art. 15, § 21-11 to 21-12 (2026) Reserved #### § 21-13 Private actions not precluded. Balt., Md., Code art. 15, § 21-13 (2026) Nothing in this subtitle may be in any way construed to limit or abridge any rights possessed by any food service facility at common law, by statute, or by ordinance to bring a civil action to redress claims against a third-party food delivery service. *History: Ord. 21-001* #### § 21-14 Balt., Md., Code art. 15, § 21-14 (2026) Reserved #### § 21-15 Termination of subtitle. Balt., Md., Code art. 15, § 21-15 (2026) This subtitle shall automatically expire on the 91st day following the expiration of the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor. *History: Ord. 21-001* ### Subtitle 22 – Towing Services – Trespass Towing #### § 22-1 Definitions. Balt., Md., Code art. 15, § 22-1 (2026) (a) “Department” means the Department of Consumer Protection and Business Licensing. (b) “License” means the license to engage in the business of towing vehicles within Baltimore City issued pursuant to this subtitle. (c) “Motor vehicle” means any vehicle which is self-propelled or propelled by electric power obtained from overhead electrical wires, but not operated upon rails. (d) (1) “Person” has the meaning stated in § 1-107 of the City Code’s General Provisions Article. (2) When used in any clause imposing a penalty, the term “person”: (i) as applied to a partnership or association, includes the partners or members thereof; and (ii) as applied to a corporation, includes the officers thereof. (e) “Police Department” means the Baltimore City Police Department. (f) “Storage” means the holding and safekeeping of motor vehicles. (g) “Towing” means the moving or removing of a vehicle by another motor vehicle. (h) “Towing service” means the operation of removing or towing motor vehicles for compensation. (i) “Tow truck operator” means any person who is the operator of a towing vehicle. *History: Ord. 89-273* *History: Ord. 22-125* *History: * #### § 22-2 Balt., Md., Code art. 15, § 22-2 (2026) Reserved *History: Ord. 89-273* *History: Ord. 11-475* *History: * #### § 22-3 Rules and regulations. Balt., Md., Code art. 15, § 22-3 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department is required to promulgate and adopt rules and regulations to carry out the purpose and intent of this subtitle. (b) In accordance with General Provisions Article § 4-301, the Department must publish, for public hearing and comment, notice of all rules and regulations proposed for adoption under this subtitle. (c) The rules and regulations shall have the same force and effect as law. *History: Ord. 89-273* *History: * #### § 22-4 License required. Balt., Md., Code art. 15, § 22-4 (2026) (a) (1) It shall be unlawful for any person to engage in a towing service in Baltimore City without a valid towing license issued by the Director of Consumer Protection and Business Licensing. (2) The license is renewable annually. (b) The provisions of this section shall not apply to: (1) persons towing their own motor vehicles; (2) a motor vehicle towed with permission of the owner or operator of the motor vehicle; (3) a towing service that tows without any charge, fees, or dues connected therewith; (4) a towing service that tows a motor vehicle into or through Baltimore City, from a point outside the City; (5) the transportation of motor vehicles for sale to and from licensed automobile dealers; or (6) a towing service owned and operated by the government of the United States, State of Maryland, Baltimore City, or any other governmental entity. *History: Ord. 89-273* *History: Ord. 94-408* *History: * #### § 22-5 Applications. Balt., Md., Code art. 15, § 22-5 (2026) (a) (1) Applications shall be made on forms furnished by the Department. (2) With the application, the applicant shall pay a non-refundable application fee of $100 to the Director of Finance. (3) Before the examination, the applicant shall pay an additional non-refundable fee, to be set from time to time by the Board of Estimates in an amount sufficient to cover the cost to the City of necessary background checks and investigations. (b) (1) Prior to the issuance of a license, the Department shall determine the qualifications of each applicant to be licensed as hereinafter provided. (2) The Department shall conduct an investigation of the applicant for a towing service license. (3) The investigation shall include the following: (i) a determination that the applicant has the ability to engage in the licensed activity without detriment to the public; (ii) the adequacy of the applicant’s storage and/or repair facilities; (iii) whether the storage facility is located in a location that is readily accessible for the recovery of a motor vehicle; (iv) proof that the vehicle(s) to be licensed is properly registered and complies with all applicable laws, regulations, and rules established by the State of Maryland pursuant to the State Transportation Article; (v) proof that the applicant has complied with any other rule or regulation provided in this subtitle or, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopted by the Department; and (vi) proof that the applicant’s storage and/or repair facilities are located in a place which is properly zoned for such use. (4) No person shall be denied a license solely on the grounds that he has a criminal record, unless such conviction is within a period of 3 years prior to the application and involves the theft of property or constitutes a series of crimes which include the theft, receiving, or sale of stolen motor vehicles. (c) (1) Each application shall include the name and business address of a natural person 18 years of age or older who: (i) is customarily present in an office in the City for the purposes of transacting business; and (ii) has been designated by the applicant as the applicant’s authorized agent: (A) for receiving notices issued pursuant to this subtitle; and (B) for receiving court process on behalf of the applicant in connection with the enforcement of this subtitle. (2) The Department must be notified within 10 days of any change in the designated agent. *History: Ord. 89-273, Ord. 91-726* *History: Ord. 06-357* *History: Text Conformed 03/01/21* *History: * #### § 22-6 Issuance; fees. Balt., Md., Code art. 15, § 22-6 (2026) (a) On approval by the Department of a license application and payment of the applicable license fee to the Director of Finance, the Director of Consumer Protection and Business Licensing shall issue the license. (b) The annual license fee is $100 for each vehicle to be used by the licensee for towing under this subtitle. (c) If a license is lost, mutilated, or destroyed, a duplicate shall be issued on payment of a replacement fee of $10. *History: Ord. 89-273* *History: Ord. 06-357* *History: * #### § 22-7 Display of license; truck identification. Balt., Md., Code art. 15, § 22-7 (2026) (a) (1) The license issued under this subtitle must be prominently displayed in the licensee’s storage facilities. (2) A copy of the license shall be kept in each tow truck licensed under this subtitle. (b) Each tow truck shall have painted on both sides of the vehicle or on a sign attached thereto, in a color which contrasts with the color of the body paint and in letters not less than 4 inches in height, the name, address, telephone number, and license number of the licensee. *History: Ord. 89-273* #### § 22-8 Charges. Balt., Md., Code art. 15, § 22-8 (2026) (a) (1) Every person engaged in providing towing services shall, at the time of application for a license, file with the Department a schedule setting forth the applicant’s proposed charges for towing and for any services incident to towing. (2) The charges shall be stated clearly on the application for a towing services license filed by the person engaged in the towing business. (b) The charges may be measured by mileage, time, and type of service or may be measured on a flat fee basis. (c) These charges shall not be changed without filing with the Department an amended schedule showing the charges proposed. *History: Ord. 89-273* *History: * #### § 22-9 Surety bond; liability insurance. Balt., Md., Code art. 15, § 22-9 (2026) (a) (1) Every person who shall be licensed in the towing business under the provisions of this subtitle shall file with the Department of Consumer Protection and Business Licensing a bond in the amount of $20,000 to save harmless the owner of any motor vehicle for any property damage occurring thereto during the time that it is in the possession of the person engaged in providing towing services. (2) Evidence of the filing of such surety bond shall also be provided to the Police Commissioner of Baltimore City who is authorized to recognize such bond as fulfilling the requirements of Article 31, § 22-5 of the City Code. (b) Every person who shall be licensed in the towing business under the provisions of this subtitle shall obtain commercial liability insurance in the amount of at least $100,000 per person, $300,000 per occurrence bodily injury liability, and $100,000 per occurrence property damage liability, to cover the cost of any damage to the vehicle resulting from the person’s negligence. *History: Ord. 89-273* *History: Ord. 94-380* *History: * #### § 22-10 Records and receipts. Balt., Md., Code art. 15, § 22-10 (2026) (a) (1) At the request of the owner or operator of the motor vehicle, each tow truck operator shall: (i) inform the owner or operator of the motor vehicle of the towing service charges; and (ii) provide a towing service work order statement. (2) Each towing service work order statement shall contain the following: (i) the name, business address, license number, and telephone number of the towing service; (ii) a brief description of the motor vehicle, including the motor vehicle license plate number and vehicle identification number; (iii) the location to which the motor vehicle was towed; (iv) the towing charge and the basis for such charge; (v) the rate chargeable per day for storage where the motor vehicle is to be stored by the towing service; and (vi) any other fees or charges to be paid by the owner or operator. (b) (1) Upon payment of any fees for towing services, the tow truck operator or any other employee of the towing service shall provide a receipt for the amount paid to him as the charge for the service and shall sign and deliver to the owner and/or operator of the motor vehicle a receipt of such payment. (2) The operator shall sign the receipt in a legible manner and shall print his name under the signature. (c) (1) Each towing service licensed under the provisions of this subtitle shall maintain a record in its ordinary course of business of every tow made under this subtitle. (2) The record shall include the following for each vehicle towed: (i) the license plate number of the motor vehicle towed and the motor vehicle identification number; (ii) the locations from which and to which the motor vehicle was towed; (iii) the reason for towing; (iv) the name of the person authorizing the towing of the motor vehicle; and (v) additional pertinent information, other than financial, as required by the Board. (3) The record shall be retained by the licensee for a minimum of 2 years. (d) Each towing service licensed under the provisions of this subtitle: (1) shall make available in a reasonable time and manner, for inspection by the Department of Consumer Protection and Business Licensing or the Police Department, its records kept in the ordinary course of business pursuant to this subtitle; and (2) shall make available for inspection by the Police Department those motor vehicles which remain impounded or stored in the storage or repair facility of the towing service. *History: Ord. 89-273* *History: * #### § 22-11 Storage facilities. Balt., Md., Code art. 15, § 22-11 (2026) (a) The motor vehicle shall be moved to the licensee’s storage or repair facility customarily used by the person undertaking the towing or removal as designated in the license issued by Director of Consumer Protection and Business Licensing, unless directed otherwise by: (1) the Police Department; (2) the owner of the vehicle; or (3) the owner’s authorized agent. (b) Any motor vehicle so moved shall only be stored and no work shall be done on the motor vehicle until the owner of the motor vehicle or his authorized agent shall so authorize. (c) Where the motor vehicle is towed without the consent of the owner or operator, storage charges shall not commence prior to 12 hours after the motor vehicle is in fact available for recovery by the owner or operator. (d) Supplementary or overflow storage shall not require separate offices. *History: Ord. 89-273* *History: * #### § 22-12 Repairs. Balt., Md., Code art. 15, § 22-12 (2026) (a) It shall be unlawful for any person engaged in providing towing service to make repairs for consideration on any vehicle removed by a towing vehicle without first entering into a signed agreement with the owner of the vehicle or his authorized representative, which agreement shall include an estimate of the cost of repairs. (b) (1) 1 copy of this agreement shall be given to the owner of the vehicle or to his authorized representative. (2) 1 copy of this agreement shall be retained as a record for 2 years by the licensed person who owns or leases from another person the towing vehicle used in towing or removing the vehicle. *History: Ord. 89-273* #### § 22-13 Prohibited acts. Balt., Md., Code art. 15, § 22-13 (2026) (a) It shall be unlawful for any towing service or tow truck operator licensed under the provisions of this subtitle to tow any motor vehicle to a place more than 10 miles from the place of removal without the consent of the owner or operator of the motor vehicle. (b) It shall be unlawful for any towing service or tow truck operator by any statement or action, to make: (1) any false representation to the effect that such person conducting the towing service represents or is approved by any organization which provides emergency road service for motor vehicles; or (2) any false representation as to the name of the towing service. (c) It shall be unlawful for any towing service or tow truck operator at the scene of an accident or breakdown to require the execution of an agreement to have repair work performed as a condition of providing towing service. (d) It shall be unlawful for any towing service or tow truck operator to use any public space for the accommodation of a motor vehicle removed from the scene of an accident or breakdown, except as the use of any such space may be directed by a member of the Police Department. (e) It shall be unlawful for any tow truck operator to furnish any towing service at the scene of an accident or breakdown unless he has been authorized or called to such scene by the owner or operator of the motor vehicle or by a member of the Police Department. (f) It shall be unlawful for any towing service or tow truck operator to employ or compensate individuals, commonly referred to as “spotters”, whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal, and impounding. (g) It shall be unlawful for any towing service or tow truck operator to compensate the owner or agent of the owner of a parking lot or other facility for the right to tow vehicles. (h) It shall be unlawful for any towing service or tow truck operator to fail to immediately deliver any vehicle towed under this subtitle to its customarily used storage facility as provided for in the license issued by the Director of Consumer Protection and Business Licensing. (i) It shall be unlawful for any towing service to deny the owner or the owner’s agent immediate and continuous opportunity, 24 hours a day, to retake possession of the vehicle, from the time the vehicle was received at the storage facility. *History: Ord. 89-273* *History: * #### § 22-14 Denial, revocation, suspension, refusal to renew. Balt., Md., Code art. 15, § 22-14 (2026) (a) (1) In this section, “unfair or deceptive trade practice” means any false or misleading oral or written statement or representation of any kind that has the capacity, tendency, or effect of deceiving or misleading consumers, including any omission of material fact that would tend to mislead a consumer. (2) For purposes of this section, a plea of nolo contendere is the equivalent of a conviction or a guilty plea. (b) The Department is authorized to deny, suspend, revoke, or refuse to renew any license under this subtitle if: (1) the applicant or licensee furnished or made misleading or false statements on reports, certifications, or written documents that are required by this subtitle or that are otherwise submitted or caused by the applicant or licensee to be submitted to the Department; (2) during the preceding 3 years, a court of competent jurisdiction has found an applicant for a license or a licensee guilty of criminal activity directly relating to the operation of the business of towing; (3) a court of competent jurisdiction has found a tow truck operator guilty of a criminal act that was authorized by the licensee; (4) a motor vehicle has been towed by a towing service without the consent of the owner or operator of the motor vehicle, without the direction of the Police Department, or without complying with local, state, or federal law; (5) a tow truck operator has failed to comply with any law regulating the towing of motor vehicles; (6) the licensee has failed to make available for inspection by the Department or the Police Department the daily towing log required by § 22-10(d) of this subtitle; (7) the licensee has failed to allow the Police Department reasonable access to inspect any motor vehicle listed in the licensee’s records that is stored upon the storage facility of the towing service; (8) within a 6-month period, the Department has received 5 or more individual complaints of unfair or deceptive trade practices against a given applicant or licensee; or (9) the applicant or licensee has failed to comply with or has violated the provisions of this subtitle, the rules or regulations adopted under this subtitle, or any applicable federal, state, or local law or rule. (c) (1) The Department may deny, suspend, revoke, or refuse any license issued under this subtitle for a period of time determined by the Department to be just and reasonable in relation to the severity of the violation found to exist under subsection (b) of this section. (2) If a license has been denied, revoked, or not renewed, the applicant shall not be eligible to apply for another license for a period of 12 months after the date on which the Department rendered a denial, revocation, or refusal to renew decision. *History: Ord. 89-273* *History: Ord. 11-475* *History: * #### § 22-15 Notice and hearing. Balt., Md., Code art. 15, § 22-15 (2026) (a) No license shall be denied, suspended, revoked, or not renewed hereunder without the Board of Consumer Protection and Business Licensing first affording the licensee an opportunity for a hearing. (b) (1) At least 15 calendar days prior to the date set for the hearing, the Board of Consumer Protection and Business Licensing shall: (i) notify the applicant or the licensee in writing of the date, time, and place set for the hearing; (ii) specify the reason why the Board of Consumer Protection and Business Licensing proposes to refuse, deny, suspend, revoke, or not renew the application or license; and (iii) afford all parties the opportunity to be heard in person and by counsel. (2) The written notice shall be served by registered or certified mail. (c) Within 10 working days following the hearing, the Board of Consumer Protection and Business Licensing shall render a decision and the reasons therefor in writing and shall forward a copy of the same to all parties by certified or registered mail. *History: Ord. 89-273* *History: * #### § 22-16 Judicial and appellate review. Balt., Md., Code art. 15, § 22-16 (2026) (a) A person aggrieved by a decision of the Board of Consumer Protection and Business Licensing under this subtitle may seek judicial review of the decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 89-273* *History: Ord. 04-672* *History: Ord. 19-332* *History: * #### § 22-17 Enforcement. Balt., Md., Code art. 15, § 22-17 (2026) (a) The Department is hereby authorized to institute or cause to be instituted any and all legal or equitable actions or proceedings of any kind which may be necessary to enforce any and all provisions of this subtitle. (b) Nothing contained in this subtitle shall be construed to prevent the Department from instituting, causing to be instituted, or fully prosecuting any and all legal or equitable actions or proceedings of any kind necessary to compel compliance with any and all provisions of this subtitle, even though criminal proceedings may be pending or may have been completed. *History: Ord. 91-726* *History: * #### § 22-18 Penalties. Balt., Md., Code art. 15, § 22-18 (2026) (a) Any person or his agent violating any provision of this subtitle or any rule or regulation promulgated by the Department to effectuate the provisions of this subtitle, shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of not less than $50 nor more than $500 or imprisonment for not more than 60 days, or both fine and imprisonment. (b) Each day that a violation continues shall be deemed a separate offense. *History: Ord. 89-273* *History: Ord. 91-726* *History: * ### Subtitles 23 to 25 ### Subtitle 26 – Miscellaneous #### § 26-1 Defacing posters. Balt., Md., Code art. 15, § 26-1 (2026) It is unlawful for any person to destroy, tear, or otherwise deface any bill (if posted where permitted) descriptive of any performance paying a license to the City for permission to hold the performance. *History: Rev. Ords. 1858-037* *History: Ord. 99-526* ### Subtitles 27 to 40 ### Subtitle 41 – Licensing of Convicted Drug Offenders #### § 41-1 Definitions. Balt., Md., Code art. 15, § 41-1 (2026) (a) The following terms have the meanings indicated unless their context clearly indicates otherwise. (b) “City” means the Mayor and City Council of Baltimore, the body corporate as established by the Baltimore City Charter. (c) “Controlled dangerous substance offense” means: (1) an offense under Article 27, Subtitle “Health — Controlled Dangerous Substances”, of the Maryland Code; or (2) a violation of the law of any other jurisdiction if the prohibited conduct would be a violation of Article 27, Subtitle “Health — Controlled Dangerous Substances”, of the Maryland Code if committed in this State. (d) (1) “License” means a license, permit, certification, registration, or other legal authorization issued to or granted to a person by the licensing authority and required for engaging in a business, employment, or an occupation that may endanger the life, health, or safety of the citizens of Baltimore. (2) “License” includes licenses for: (i) animated riding devices; (ii) child care/day nurseries; (iii) demolition; (iv) electricians; (v) gas fitters; (vi) horse drawn vehicles; (vii) horse driver; (viii) mobile riding units; (ix) public swimming pools; (x) shooting gallery; and (xi) tattooing. (e) “Licensee”: (1) means a person to whom a license has been issued by any municipal agency of the City; and (2) includes any agent, officer, or employee of the licensee. (f) “Licensing authority” means any board, commission, council, or other body of City government authorized by law to issue licenses. (g) *History: Ord. 90-613* *History: Ord. 99-526* *History: Ord. 22-125* #### § 41-2 Disclosure of conviction. Balt., Md., Code art. 15, § 41-2 (2026) Except as provided in this subtitle, as a condition to issuance of a license or renewal of a license, a licensing authority may require an individual or a licensee applying for a license to disclose whether the individual or licensee has ever been convicted of a controlled dangerous substance offense committed within 5 years of the date of the application for an initial license or an application for a renewal of a license. *History: Ord. 90-613* #### § 41-3 Sanctions for nondisclosure. Balt., Md., Code art. 15, § 41-3 (2026) Unless an individual shows good cause for failure to disclose the information required by this subtitle, and if an individual applying for a license has been convicted of committing a controlled dangerous substance offense within 5 years of the date of the application, a licensing authority may: (1) refuse to issue the license; or (2) issue the license subject to any terms and conditions that the licensing authority considers appropriate under this subtitle. *History: Ord. 90-613* #### § 41-4 Court may report conviction to City. Balt., Md., Code art. 15, § 41-4 (2026) When a person is convicted of a controlled dangerous substance offense, the court: (1) may determine at the time of sentencing whether the individual holds or works under a license issued by the City; and (2) if so, may obtain the licensing information and forward it to the City Solicitor. *History: Ord. 90-613* #### § 41-5 Options of licensing authority. Balt., Md., Code art. 15, § 41-5 (2026) If a licensing authority receives notice that a licensee has been convicted of a controlled dangerous substance offense committed within 5 years of the date of an application for a renewal of a license, a licensing authority may: (1) either: (i) place the licensee on probation for a reasonable period of time; (ii) suspend or revoke the license; or (iii) reprimand the licensee; (2) assess the licensee, in accordance with the applicable regulations, all or part of the cost of any disciplinary proceedings and sanctions; or (3) impose any other sanction or any other action authorized by law. *History: Ord. 90-613* #### § 41-6 Probation. Balt., Md., Code art. 15, § 41-6 (2026) (a) If a licensee is placed on probation, the licensing authority may: (1) require the licensee to submit to periodic drug testing during the period of probation; (2) require the licensee to participate in appropriate counseling or treatment; and (3) impose any other reasonable term or condition of probation. (b) If a licensee who is on probation violates any condition of probation, the licensing authority may: (1) revoke the probation; (2) suspend or revoke the licensee’s license; or (3) impose additional terms of probation. *History: Ord. 90-613* #### § 41-7 Notice and hearing. Balt., Md., Code art. 15, § 41-7 (2026) (a) A licensing authority, before taking any action in regard to an initial license application, any application for a license renewal or against a licensee under this subtitle, shall give the individual or licensee 30 days’ notice of its intention to take action under this subtitle. (b) The individual or the licensee may request a hearing before the licensing authority. *History: Ord. 90-613* #### § 41-8 Factors to be considered. Balt., Md., Code art. 15, § 41-8 (2026) (a) In deciding whether to deny an applicant’s application for a license, or whether to impose license sanctions against a licensee and the nature of the sanctions, a licensing authority shall consider the following factors: (1) the relationship between the controlled dangerous substance offense and the license, including: (i) the licensee’s ability to perform the tasks authorized by the license; and (ii) whether the public will be protected if: (A) in the case of an applicant, the license is issued; or (B) in the case of a licensee, the license is not suspended or revoked; (2) the nature and circumstance of the controlled dangerous substance offense; (3) if an individual is applying for a license or license renewal, the date of the controlled dangerous substance offense; and (4) any other relevant information. (b) If a license authority decides that sanctions against a licensee may be appropriate, before imposing sanctions, the licensing authority: (1) shall consider the impact any sanctions may have on third persons; and (2) may take any action to protect the rights of innocent third persons which is in the interests of justice and which is not inconsistent with the provisions of this subtitle. (c) If a licensing authority decides to suspend or revoke a license, the licensing authority may grant the licensee a reasonable time period to complete any existing contracts. *History: Ord. 90-613* #### § 41-9 Regulations. Balt., Md., Code art. 15, § 41-9 (2026) Each licensing authority may adopt regulations to carry out the provisions of this subtitle. *History: Ord. 90-613* #### § 41-10 Judicial and appellate review. Balt., Md., Code art. 15, § 41-10 (2026) (a) An applicant or licensee aggrieved by a decision of a licensing authority under this subtitle may seek judicial review of the decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 90-613* *History: Ord. 04-672* *History: Ord. 19-332* ### Subtitle 42 – Human Trafficking Notice Requirements #### § 42-1 Definitions. Balt., Md., Code art. 15, § 42-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Adult-entertainment business” has the meaning stated in § 1-1(c) {“Adult-entertainment business”} of this article. (c) “Food service facility” has the meaning stated in City Code Article - Health, § 6-101(d) {“Food service facility”}. (d) “Hotel” has the meaning stated in § 10-1(b) {“Hotel”} of this article. (e) (f) “Permit holder” means any person holding a building permit issued by the Department of Housing and Community Development under the City Building Code for construction or demolition. (g) *History: Ord. 19-218* *History: Ord. 21-018* *History: Ord. 22-125* #### § 42-2 Human trafficking prevention signs to be posted. Balt., Md., Code art. 15, § 42-2 (2026) (a) The requirements of this section apply only to: (1) adult-entertainment businesses; (2) food service facilities; (3) hotels; and (4) permit holders. (b) (1) The owner of any business described in subsection (a) of this section must post a sign that states the following: “REPORT HUMAN TRAFFICKING: National Human Trafficking Resource Center Call 1-888-373-7888 or text “BeFree” (233733) CALL FOR HELP IF YOU OR SOMEONE YOU KNOW: • is being forced to have sex without consent • has had an ID or documents taken away • is being threatened by or is in debt to an employer • wants to leave a job but cannot freely do so TOLL-FREE ‡ 24/7 ‡ CONFIDENTIAL ‡ INTERPRETERS AVAILABLE This sign is required by Baltimore City law” (2) The sign must: (i) be at least 3 by 5 inches in size; (ii) contain the text required under paragraph (1) of this subsection in English and Spanish; and (iii) draw attention to the phone number of the National Human Trafficking Resource Center Hotline by showing the phone number in bold type. (3) The owner of a business described in subsection (a) of this section may meet the requirements of this subsection: (i) by creating their own signs, using a font size of not less than 30 points for the hotline numbers and a font size of not less than 12 points for the body text; or (ii) by using copies of the signs created and made available online by the United States Department of Homeland Security’s Blue Campaign website. (c) (1) Adult-entertainment businesses and food service facilities must post a sign required by this section in a conspicuous place in clear view of the public and employees where similar notices are customarily posted and on the back of the door at the entrance to each restroom. (2) Permit holders must post the sign required by this section in a conspicuous place in clear view of the public. (3) Hotels must post the sign required by this section on the back of each hotel room entry door. (d) Beginning in calendar year 2020, any person who owns or operates a hotel within the City must annually certify to the Housing Commissioner, in the form and manner required by the Department of Housing and Community Development, no later than December 31 of each year, that the hotel is in compliance with this section. *History: Ord. 19-218* *History: Ord. 19-319* *History: Ord. 19-332* *History: Ord. 21-018* #### § 42-2.1 City-owned or -occupied buildings. Balt., Md., Code art. 15, § 42-2.1 (2026) (a) Except as otherwise provided in this section, in each City-owned or -occupied building, at least 1 sign described in § 42-2(b) of this subtitle must be posted in each: (1) location where the notice required by Subtitle 4 {“Wages and Hours”}, Part V {“Enforcement”} of the State Labor and Employment Article is posted; (2) public restroom; and (3) public entranceway or main lobby to the building or portion of the building occupied by the City. (b) This section does not apply to: (1) any City-owned building that is vacant or not in regular use; or (2) any City-owned building that is occupied by the Baltimore City Public School System. *History: Ord. 21-018* #### § 42-3 Balt., Md., Code art. 15, § 42-3 (2026) Reserved #### § 42-4 Agencies to enforce. Balt., Md., Code art. 15, § 42-4 (2026) Enforcement of this subtitle shall be conducted by: (1) the Board of Liquor License Commissioners for Baltimore City, with regard to adult-entertainment businesses; (2) the Baltimore City Department of Health, with regard to food service facilities; and (3) the Baltimore City Department of Housing and Community Development, with regard to hotels and permit holders. *History: Ord. 19-218* #### § 42-5 Annual report. Balt., Md., Code art. 15, § 42-5 (2026) (a) On or before June 30 of each year, the Commissioner of the Baltimore City Health Department, the Commissioner of the Baltimore City Department of Housing and Community Development, and the Chair of the Board of Liquor License Commissioners for Baltimore City shall each prepare and submit to the Mayor and the City Council an annual report detailing compliance with this subtitle. (b) The report shall include the following information for the previous calendar year: (1) the number of inspections conducted of businesses regulated under this subtitle; and (2) the number of citations issued pursuant to this subtitle. *History: Ord. 19-218* #### § 42-6 Balt., Md., Code art. 15, § 42-6 (2026) Reserved #### § 42-7 Enforcement by citation. Balt., Md., Code art. 15, § 42-7 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 19-218* #### § 42-8 Criminal penalties. Balt., Md., Code art. 15, § 42-8 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 19-218* *History: Ord. 19-332* ### Subtitle 42A – Temporary Shelter Human Trafficking Notice Requirements #### § 42A-1 Definitions. Balt., Md., Code art. 15, § 42A-1 (2026) (a) In this subtitle, the following terms have the meaning indicated. (b) “Homeless” or “homelessness” has the meaning stated in 24 C.F.R. 91.5 {“Definitions”}. (c) “Homeless shelter” means a facility that: (1) provides temporary shelter with overnight sleeping accommodations for homeless individuals; and (2) does not require occupants to sign a lease. (d) (1) “Human trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, slavery, or commercial sexual exploitation. (2) “Human trafficking” includes labor trafficking and sex trafficking. (e) “Transitional Housing” has the meaning stated in 24 C.F.R. 91.5 {“Definitions”}. #### § 42A-2 Requirements. Balt., Md., Code art. 15, § 42A-2 (2026) (a) The operator of the homeless shelter or transitional housing program must post a sign that states the following: “REPORT HUMAN TRAFFICKING National Human Trafficking Resource Center Call 1-888-373-7888 or text “BeFree” (233733) CALL FOR HELP IF YOU OR SOMEONE YOU KNOW: • is being forced to have sex without consent • has had an ID or documents taken away • is being threatened by or is in debt to an employer • wants to leave a job but cannot freely do so TOLL-FREE ‡ 24/7 ‡ CONFIDENTIAL ‡ INTERPRETERS AVAILABLE This sign is required by Baltimore City law”. (b) The sign must: (1) be at least 16 by 20 inches in size; (2) contain the text required under this section in English, Spanish, and any other languages required by the federal Voting Rights Act for voting materials in Baltimore City; and (3) draw attention to the phone and text numbers of the National Human Trafficking Resource Center Hotline by showing the phone and text numbers in bold type. (c) The person in charge may meet the requirements of this section by creating signs using a font size of not less than 30 points for the hotline and text numbers and a font size of not less than 12 points for the body text, or using copies of the signs created and made available online by the United States Department of Homeland Security’s Blue Campaign website. #### § 42A-3 Sign location. Balt., Md., Code art. 15, § 42A-3 (2026) (a) A copy of the human trafficking sign required by § 42A-2 {“Requirements”} of this subtitle shall be posted by the person in charge at the homeless shelter or transitional housing program facility or living area in a clear and conspicuous place where it can be easily seen and read by individuals staying at the homeless shelter or transitional housing program facility or living area. (b) Locations where the required human trafficking sign may be placed include: (1) locker rooms; (2) cafeterias; (3) areas where 1 or more individuals sleep; and (4) other locations in the homeless shelter or transitional housing program facility or living area where individuals receiving program services regularly congregate. #### § 42A-4 Penalties for failure to post signage. Balt., Md., Code art. 15, § 42A-4 (2026) (a) (1) A citation under this section may only be issued after the issuance of a written warning and a failure to correct the violation within 30 days of the date of the warning. (2) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day a violation continues is a separate offense. *History: Ord. 22-149* ### Subtitle 43 – Public Restrooms #### § 43-1 Definitions. Balt., Md., Code art. 15, § 43-1 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Gender-inclusive signage” means a sign identifying a restroom that does not indicate a specific gender, such as “Restroom,” “Bathroom”, “Toilet”, or a symbol indicating the restroom’s availability for use by any individual regardless of gender. (c) “Place of public accommodation” has the meaning stated in State Government Article, § 20-301 {“‘Place of public accommodation’ defined”}. (d) (1) “Public single-user restroom” means a single-occupancy restroom for public use with at least one water closet and with an outer door that can be locked by the occupant. (2) “Public single-user restroom” does not include: (i) any private restroom in a residence, apartment, hotel, or hospital; or (ii) a restroom only accessible from a private room or office. *History: Ord. 19-265* #### § 43-2 Balt., Md., Code art. 15, § 43-2 (2026) Reserved #### § 43-3 Requirements for single-user restrooms. Balt., Md., Code art. 15, § 43-3 (2026) Any public single-user restroom in a commercial or industrial establishment, a place of public accommodation, or a City-owned or -occupied building must be: (1) made available for use by individuals of any gender; and (2) identified with gender-inclusive signage. *History: Ord. 19-265* #### § 43-4 Agencies to enforce. Balt., Md., Code art. 15, § 43-4 (2026) Enforcement of this subtitle shall be conducted by “Code Enforcement Officers” and “Enforcement Officers” (as defined in City Code Article 1, § 40-1(c) and § 41-1(c), respectively) who are employed by any of the following agencies: (1) Department of Health; (2) Department of Housing and Community Development; (3) Department of Public Works; (4) Department of Recreation and Parks; (5) Department of Transportation; (6) Fire Department; (7) Police Department; and (8) any other agency with 1 or more employees who are in a “position of trust” and authorized to serve as a “Code Enforcement Officer” in accord with City Code Article 1, § 40-1(c)(3). *History: Ord. 19-265* #### § 43-5 Enforcement by citation. Balt., Md., Code art. 15, § 43-5 (2026) (a) (1) A citation under this section may only be issued after the issuance of a written warning and a failure to correct the violation within 30 days of the date of the warning. (2) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day a violation continues is a separate offense. *History: Ord. 19-265* #### § 43-6 Criminal penalties. Balt., Md., Code art. 15, § 43-6 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 19-265* ### Subtitles 44 to 45 ### Subtitle 46 – Administration and Enforcement #### § 46-1 Standard license year; fees not prorated. Balt., Md., Code art. 15, § 46-1 (2026) Unless otherwise specified, wherever in this article or in any ordinance of the Mayor and City Council of Baltimore, an annual license fee is imposed, those provisions shall be construed to render the fee collectible in the 1st week of January in each and every year, and the entire charge prescribed for the entire year shall be collected when the license is issued. *History: Ord. 27-1084* *History: Ord. 57-1147* *History: Ord. 99-526* #### § 46-2 Interest and penalties for unpaid fees. Balt., Md., Code art. 15, § 46-2 (2026) (a) (1) Except as where otherwise provided in this article, any person, firm, corporation, or other legal entity who, within 30 days from when it becomes due and payable, fails to pay any license or permit fee or any registration tax imposed by any provision of this article: (i) is liable for interest on the amount of unpaid fee or tax at the rate of 1% per month or any fraction of a month during which the fee or tax remains unpaid; and (ii) is also liable for a penalty of 10% of the unpaid fee or tax. (2) This interest and penalty shall be collected as a part of the fee or tax itself. (b) For good and sufficient cause shown, the Director of Finance may waive interest and penalty in connection with the payment of any fee or tax imposed by any provision of this article. *History: Ord. 74-761* *History: Ord. 84-017* *History: Ord. 10-337* #### §§ 46-3 to 46-10 Balt., Md., Code art. 15, § 46-3 to 46-10 (2026) Reserved #### § 46-11 Refusal, revocation of license. Balt., Md., Code art. 15, § 46-11 (2026) (a) Upon the approval of the Mayor, the Director of Finance shall have full power and authority to refuse to grant licenses under the provisions of the following subtitles of this article, and also, when directed by the Mayor, shall have full power and authority to revoke any license granted by virtue of the following subtitles of this article. (1) Subtitle 10. Hotels; and (2) Subtitle 48. Short-Term Residential Rentals. (b) Upon the approval of the Mayor, the Director of Consumer Protection and Business Licensing shall have full power and authority to refuse to grant licenses under the provisions of the following subtitles of this article, and also, when directed by the Mayor, shall have full power and authority to revoke any license granted by virtue of the following subtitles of this article: (1) Subtitle 2. Amusements; (2) Subtitle 3. Amusement Device Location Permits; (3) Subtitle 6. Carriages, Wagons, Boats, and Scows; (4) Subtitle 7. Employment Agencies; (5) Subtitle 9. Late-Night Commercial Operations; (6) Subtitle 11. Massage Establishments; (7) Subtitle 12. Commercial Parking Facilities; (8) Subtitle 13. Special-Event Parking Lots; (9) Subtitle 15. Street Entertainers; (10) Subtitle 17. Street Vendors; (11) Subtitle 18. Itinerant Wholesale Produce Dealers; (12) Subtitle 20. Transient Merchants; and (13) Subtitle 22. Towing Services - Trespass Towing. *History: Rev. Ords. 1858-037* *History: Ord. 16-194* *History: Ord. 76-067* *History: * #### § 46-12 Enforcement by Solicitor. Balt., Md., Code art. 15, § 46-12 (2026) Whenever the City Solicitor shall be notified of any violation of the provisions of this article, it shall be his duty immediately to institute legal proceedings against the offender or offenders to recover from him, her, or them, the penalty or penalties prescribed by this article. *History: Rev. Ords. 1858-037* ### Subtitle 47 – Penalties #### § 47-1 In general. Balt., Md., Code art. 15, § 47-1 (2026) Unless otherwise provided, a person, firm, corporation, or other legal entity that violates any provision of this article or of a rule or regulation adopted under this article is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $250 for each offense. *History: Ord. 74-761* *History: Ord. 94-332* *History: Ord. 04-854* #### § 47-2 Continuing offenses. Balt., Md., Code art. 15, § 47-2 (2026) Each day that a violation continues constitutes a separate offense. *History: Ord. 74-761* *History: Ord. 94-332* *History: Ord. 04-854* ### Subtitle 48 – Short-Term Residential Rentals #### Part 1 – Definitions; General Provisions ##### § 48-1 Definitions. Balt., Md., Code art. 15, § 48-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Booking transaction” means a reservation transaction between a host and a prospective transient guest for a short-term residential rental. (c) “Dwelling unit” has the meaning stated in § 202.2 of the Baltimore City Building Code. (d) “Host” means the owner of a dwelling unit who provides or offers to provide all or part of the dwelling unit for short-term residential rental use in exchange for a fee. (e) “Hosting platform” means an internet-based entity that, in exchange for a fee: (1) facilitates reservations of short-term residential rentals; (2) serves as a conduit of communication between hosts and transient guests; or (3) otherwise facilitates booking transactions for short-term residential rentals. (f) “Housing Commissioner” or “Commissioner” means the Commissioner of Housing and Community Development or the Commissioner’s designee. (g) (1) “Permanent residence” means a dwelling unit: (i) in which the owner resides for an aggregate of at least 180 days annually; and (ii) that is the owner’s usual place of return for housing, as documented by at least one of the following: (A) driver’s license; (B) voter registration; or (C) official designation of the dwelling unit as the owner’s principle residence in accordance with the criteria governing the State Homestead Tax Credit. (2) For purposes of this subtitle, a host may have only 1 “permanent residence”. (h) “Short-term residential rental” means the use, facilitated in whole or in part by a hosting platform, of all or any part of a dwelling unit to provide accommodations to transient guests for sleeping or lodging purposes in exchange for a fee. (i) (1) In this subsection, “transient” means any person who occupies, or has been given the right to occupy, sleeping or lodging accommodations for a period of fewer than 90 consecutive days. (2) “Transient guest” means any transient who uses a hosting platform to facilitate a short-term residential rental. *History: Ord. 19-217* ##### § 48-2 Balt., Md., Code art. 15, § 48-2 (2026) Reserved ##### § 48-3 Rules and Regulations. Balt., Md., Code art. 15, § 48-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Housing Commissioner must adopt rules and regulations to carry out this subtitle. *History: Ord. 19-217* *History: Text Conformed 03/01/21* ##### §§ 48-4 to 48-5 Balt., Md., Code art. 15, § 48-4 to 48-5 (2026) Reserved #### Part 2 – Licensing ##### § 48-6 License required. Balt., Md., Code art. 15, § 48-6 (2026) (a) No person may operate a short-term residential rental without a currently effective license to do so from the Housing Commissioner. (b) The application for an initial or renewal short-term residential rental license must be made in the form and contain the information and documentation that the Housing Commissioner requires. *History: Ord. 19-217* ##### § 48-7 Licensing prerequisites. Balt., Md., Code art. 15, § 48-7 (2026) (a) (1) Except as provided in paragraph (2) of this subsection, a person may only be issued a short-term residential rental license for his or her permanent residence. (2) (i) A host may be issued a short-term residential rental license for 1 additional dwelling unit if: (A) the dwelling unit had a successfully executed booking transaction, as described in subparagraph (ii) of this paragraph (2), between August 1, 2017, and December 31, 2018; (B) the host became the owner of the additional dwelling unit on or before December 31, 2018; and (C) the host applies for a short-term residential rental license for the additional dwelling unit no later than the 90th day after the date on which this subtitle takes effect. (ii) For purposes of this paragraph (2), a booking transaction is deemed successfully executed if a fee was exchanged, whether directly or indirectly, between the host applying for the dwelling unit’s short-term residential rental license and a transient guest, for the short-term residential rental of the dwelling unit. (3) Short-term residential rental licenses are not property rights, and a short-term residential rental license does not transfer on the sale or any other ownership transfer of a dwelling unit. (b) (1) All applicants for an initial or renewal license must meet the following requirements. (2) The owner must provide proof that the dwelling unit (or, if 2 dwelling units are applied for, 1 of those units) is the owner’s permanent residence. (3) For any dwelling unit that is a “non-owner-occupied dwelling unit” (as defined in City Code Article 13, Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings ...”}): (i) the dwelling unit must be currently registered, as required by that Subtitle 4; (ii) all registration fees and all related interest required by that Subtitle 4 must have been paid; and (iii) all other requirements of Article 13 applicable to non-owner-occupied dwelling units must be complied with. (4) The owner must be registered with the State Comptroller for the collection of the State’s sales and use tax. *History: Ord. 19-217* ##### § 48-8 License term and renewal. Balt., Md., Code art. 15, § 48-8 (2026) (a) Each short-term residential rental license expires biennially on the anniversary of its issuance. (b) (1) Before a license expires, the host may apply to renew it for an additional 2-year term. (2) The renewal application must be submitted to the Housing Commissioner, with the applicable annual fee, at least 30 days before the current license expires. *History: Ord. 19-217* ##### § 48-9 License fee. Balt., Md., Code art. 15, § 48-9 (2026) The biennial license fee for a short-term residential rental license is $200 per dwelling unit, subject to adjustment in accordance with the City Fee Policy. *History: Ord. 19-217* ##### §§ 48-10 to 48-14 Balt., Md., Code art. 15, § 48-10 to 48-14 (2026) Reserved #### Part 3 – Operational Requirements ##### § 48-15 Hosts. Balt., Md., Code art. 15, § 48-15 (2026) (a) All hosts must comply with the following requirements. (b) The dwelling unit must be maintained in compliance with the City Building, Fire, and Related Codes Article, the City Health Article, and the Zoning Code of Baltimore City. (c) The host must: (1) make a record, in the form and containing the information required by the rules and regulations adopted under this subtitle, of all of the host’s short-term residential rentals; (2) maintain that record for at least the period of years required by the rules and regulations adopted under this subtitle; and (3) on request, make that record available for inspection by the Housing Commissioner. (d) (1) During the term of any rental, the host must prominently display, in an area of the dwelling unit that is readily accessible to the transient guests, emergency contact information for a representative of the host. (2) This representative must reside within 15 miles of the dwelling unit and be accessible for the entire term of the rental. (e) At all times during the term of a short-term residential rental, the host must prominently display a sign, in the form and manner required by the rules and regulations adopted under this subtitle, stating that the dwelling unit is licensed for short-term residential rentals. (f) The host must include his or her license number in any advertisement or listing of the dwelling unit on a hosting platform. *History: Ord. 19-217* ##### § 48-16 Hosting platforms. Balt., Md., Code art. 15, § 48-16 (2026) (a) (1) All hosting platforms must comply with the following requirements. (2) The Housing Commissioner may issue and serve administrative subpoenas as necessary to ensure compliance by hosting platforms with this subtitle. (b) (1) No hosting platform may advertise, list, or otherwise facilitate booking transactions for a short-term residential rental in the City without having verified with the Housing Commissioner that the license of the host is valid and that the address of the dwelling unit matches the address listed for the license. (2) A hosting platform that has verified the validity of a license for a short-term residential rental is not required to re-verify the validity of the license, unless: (i) the Housing Commissioner has notified the hosting platform that the dwelling unit cannot lawfully be used for a short-term residential rental; or (ii) the host has ceased to offer short-term residential rentals through that hosting platform for a period of 12 months or more since the license was last verified. (3) If the Housing Commissioner notifies a hosting platform that a dwelling unit cannot lawfully be used for a short-term residential rental, the hosting platform may not advertise, list, or otherwise facilitate booking transactions for that dwelling until it receives subsequent confirmation from the Commissioner that the short-term residential rental can lawfully be provided. (4) If a hosting platform receives written notice from the Housing Commissioner that a dwelling unit advertised or listed for short-term residential rental on the hosting platform cannot lawfully be used for a short-term residential rental, the hosting platform must remove the advertisement or listing within 3 days. (5) A hosting platform may not collect or receive a fee in exchange for facilitating reservations, advertisements, or listings of short-term residential rentals, for serving as a communication conduit between hosts and transient guests, or for otherwise facilitating booking transactions for short-term residential rentals if the dwelling unit cannot lawfully be used for a short-term residential rental. (c) (1) A hosting platform must: (i) make a record of all short-term residential rentals in Baltimore City advertised, listed, or otherwise facilitated by that platform; (ii) maintain that record for at least the period of years required by the rules and regulations adopted under this subtitle; and (iii) on request, make that record available for inspection by the Housing Commissioner. (2) These records must include, for each short-term residential rental: (i) the name and license number of the host who provided the short-term residential rental; (ii) the street address and the Block and Lot Numbers of the short-term residential rental; (iii) the date of the booking transaction; (iv) the start and end dates of the short-term residential rental; (v) the rent and other fees charged by the host and by the hosting platform for providing or facilitating the short-term residential rental and related services; and (vi) any other information required by the rules and regulations adopted under this subtitle. (d) In any advertisement or listing of a dwelling unit available for short-term residential rentals in Baltimore City, hosting platforms must include the license numbers of the hosts offering those rentals. *History: Ord. 19-217* ##### §§ 48-17 to 48-20 Balt., Md., Code art. 15, § 48-17 to 48-20 (2026) Reserved #### Part 4 – Administrative Sanctions ##### § 48-21 Denial, suspension, or revocation of license – In general. Balt., Md., Code art. 15, § 48-21 (2026) Subject to the hearing provisions of § 48-22 of this subtitle, the Housing Commissioner may deny, suspend, or revoke a short-term residential rental license or renewal license for any of the following causes: (1) making any material false statement in an application for an initial or renewal license; (2) fraudulently or deceptively obtaining the license for oneself or for another; (3) fraudulently or deceptively using the license; (4) failing to abate within 120 days of issuance any violation notice, order, or citation for violating any provision of the City Building, Fire, and Related Codes Article, the City Health Article, or the Zoning Code of Baltimore City; or (5) failing to comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle. *History: Ord. 19-217* ##### § 48-22 Denial, suspension, or revocation of license – Notice and hearing. Balt., Md., Code art. 15, § 48-22 (2026) (a) No license may be denied, suspended, or revoked under this subtitle unless the Housing Commissioner first gives the licensee: (1) not less than 10 days notice in writing of the Commissioner’s intent to deny, suspend, or revoke the license; and (2) an opportunity to be heard as to why the license should not be denied, suspended, or revoked. (b) The Housing Commissioner may deny, suspend, or revoke a license without prior notice and opportunity to be heard if, in the opinion of the Housing Commissioner or of the Fire Chief, Health Commissioner, or Police Commissioner, the health, safety, or welfare of the occupants or of the general public are in imminent danger. *History: Ord. 19-217* ##### § 48-23 Judicial and appellate review. Balt., Md., Code art. 15, § 48-23 (2026) (a) A person aggrieved by a decision of the Housing Commissioner under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) (1) The filing of a petition for judicial review does not stay the decision of the Commissioner. (2) However, on motion and after hearing, the Court may grant a stay as provided in the Maryland Rules of Procedure. (c) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 19-217* ##### § 48-24 Balt., Md., Code art. 15, § 48-24 (2026) Reserved #### Part 5 – Enforcement ##### § 48-25 Enforcement by Environmental Citation. Balt., Md., Code art. 15, § 48-25 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 19-217* ##### § 48-26 Penalties. Balt., Md., Code art. 15, § 48-26 (2026) (a) Any person who violates any provision of this subtitle (including any offense listed in § 48-21 of this subtitle as potential cause for a denial, suspension, or revocation of a license) or any provision of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 19-217* ## Article 16 – Markets ### Subtitle 1 – Definitions; Scope #### § 1-1 “Stall space” defined. Balt., Md., Code art. 16, § 1-1 (2026) “Stall spaces” are: (1) inside market buildings; (2) protected from the elements by roofs over the market buildings; and (3) designated and identified on plats of the several markets kept up to date by the Mayor or his authorized agent. *History: Ord. 56-421* *History: Ord. 75-783* *History: Ord. 83-1074* #### § 1-2 Scope of article. Balt., Md., Code art. 16, § 1-2 (2026) This article shall apply to: (1) Belair Market. (2) Broadway (Fells Point) Market. (3) Centre (Wholesale Fish) Market. (4) Cross Street Market. (5) Hollins Market. (6) Lafayette Market. (7) Northeast Market. *History: Ord. 56-421* *History: Ord. 75-783* #### § 1-3 Market boundaries. Balt., Md., Code art. 16, § 1-3 (2026) (a) (1) The limits of the Belair Market shall include the whole of the lots belonging to the City of Baltimore upon which the market buildings now stand, but in no case shall those limits extend to any portion of the street beds or sidewalks adjacent to or abutting upon said lots. (2) The area between Ensor Street and Hillen Street, directly north of the market shed and being approximately 59 feet wide and extending approximately 114 feet on the east side and approximately 130 feet on the west side, is reserved as an area for the parking of motor vehicles, under the supervision of the Mayor. (3) The area between Low Street and Orleans Street, directly south of the market shed and being approximately 61 feet wide and extending approximately 146 feet on the east side and 136 feet on the west side, is hereby reserved as an area or space for the parking of motor vehicles, under the supervision of the Mayor. (b) The limits of the Broadway (Fell’s Point) Market shall include the whole of the lots belonging to the City of Baltimore upon which the market buildings now stand, but in no case shall those limits extend to any portion of the street beds or sidewalks adjacent to or abutting upon said lots. (c) The limits of the Wholesale Fish Market shall be as follows: Beginning at the building line at the southeast corner of Swan Street and Market Place, following said line southerly to Water Street; thence following the building line on the north side of Water Street easterly to West Falls Avenue; thence following the building line on the west side of West Falls Avenue northerly to Swan Street; thence following the building line on the south side of Swan Street westerly to the place of beginning. (d) The limits of the Cross Street Market shall include the whole of the lot belonging to the City on which it stands. (e) (1) The limits of the Hollins Market shall include the whole of the lot belonging to the City on which it stands, together with both sides and the bed of Hollins Street from Carrollton Avenue to the curb line of the west side of Arlington Avenue. (2) The Mayor or his authorized agent is authorized to rent the building generally known as Hollins Market Hall for other than market purposes, upon such other terms and conditions as the Mayor or his authorized agent shall deem just and proper, the lease executed to be first approved by the Mayor. (f) The limits of the Lafayette Market shall include the whole of the lot belonging to the City on which it stands, and the parking area adjacent thereto. (g) The limits of the Northeast Market shall comprise the whole of the lot belonging to the City and bounded by Monument, McElderry, and Chester Streets and Duncan Alley, and also the whole width of Monument Street from Chester Street to Duncan Alley, the whole width of Chester Street from Monument to McElderry Street, and the whole width of McElderry Street from Chester Street to Duncan Alley. *History: Ord. 56-421* *History: Ord. 57-751* *History: Ord. 58-1231* *History: Ord. 62-1269* *History: Ord. 65-474* *History: Ord. 75-783* *History: Ord. 81-426* ### Subtitle 2 – Lease of Stall Space #### § 2-1 In general. Balt., Md., Code art. 16, § 2-1 (2026) Leases for any stall spaces in the several markets shall be issued and be effective according to the provisions of this subtitle. *History: Ord. 56-421* *History: Ord. 65-474* *History: Ord. 75-783* #### § 2-2 Method of leasing. Balt., Md., Code art. 16, § 2-2 (2026) (a) Any person applying for a space in a market shall be: (1) shown all available spaces in that market; and (2) advised of all possible options regarding rental. (b) All requests for stall space must be made in writing and sent by certified mail to the Mayor or his authorized agent and stamped by his staff as to date and time of receipt. All replies to these requests must be made in writing and copies retained for at least 3 years. *History: Ord. 81-426* *History: Ord. 83-1074* #### § 2-3 Contents, approval, tenor, record. Balt., Md., Code art. 16, § 2-3 (2026) (a) (1) Each lease shall specify: (i) the terms of the tenure; and (ii) the number and other description of the stall space or section. (2) Each lease shall distinctly express: (i) the number or other description of the stall space or section; (ii) the market wherein it is located; and (iii) the terms of the lease. (b) A copy of the lease shall be shall be sent to the Mayor to be approved by him. (c) The right of occupancy following the execution of the lease and the payment of the rental fee shall authorize the lessee of any such stall space or section to occupy it only on the regular market days prescribed for the particular market. (d) The Mayor or the Mayor’s authorized agent must keep a full record of the name of each lessee and the terms and tenure of the lease, in a book to be kept for that purpose. *History: Ord. 75-783* *History: Ord. 81-426* *History: Ord. 83-1074* #### § 2-4 Rental payments. Balt., Md., Code art. 16, § 2-4 (2026) (a) The issue and granting of the lease shall be subject to the payment of the rental fee prescribed therefor. (b) The amount of the rental fee for the stall spaces and sections shall be established by the Mayor, with the approval of the Board of Estimates. (c) Rental shall be payable in advance, either annually, semi-annually, quarter-annually, or monthly, as may be agreed upon and with the approval of the Mayor or his authorized agent. (d) (1) If the rental fee for the coming year, half-year, quarter-year, or month, as the case may be, is not paid within 15 days from the commencement of that year, half-year, quarter-year, or month, as the case may be: (i) a penalty at the rate of 10% of the rental fee shall forthwith be added thereto; and (ii) thereafter, a penalty of 10% per month for each month or portion of a month, in that quarter, shall be imposed. (2) The entire rental fee plus the penalty shall be due and payable before the applicant is granted any further lease or renewal thereof under this article. *History: Ord. 56-421* *History: Ord. 75-783* *History: Ord. 81-426* *History: Ord. 83-1074* #### § 2-5 Subletting or assigning. Balt., Md., Code art. 16, § 2-5 (2026) (a) The lessee of any section or space in the wholesale Fish or Retail Markets shall: (1) use and occupy it; and (2) not be permitted to rent or sublease it to any firm, corporation, or person. (b) With the approval of the Mayor, any such lease shall be transferable, provided the lease {sic} shall comply with all laws and ordinances of the City of Baltimore relating to markets. *History: Ord. 56-421* *History: Ord. 66-743* *History: Ord. 81-426* *History: Ord. 83-1074* #### § 2-6 Forfeiture for nonuse. Balt., Md., Code art. 16, § 2-6 (2026) Failure to use and occupy any stall space or section for which a lease has been issued, within 90 days after the commencement of the period for which a rental fee has been paid, shall cause a forfeiture of all right, privilege, and interest of the lessee in the use and occupancy of the stall space or section, and all such right, privilege, and interest of the lessee shall forthwith cease and revert to the Mayor and City Council of Baltimore. *History: Ord. 56-421* *History: Ord. 81-426* #### § 2-7 Renewals. Balt., Md., Code art. 16, § 2-7 (2026) All applications for renewal of leases must be filed with the Mayor or his authorized agent on or before 60 days prior to the expiration of the current lease. *History: Ord. 56-421* *History: Ord. 66-743* *History: Ord. 81-426* *History: Ord. 75-783* *History: Ord. 83-1074* #### § 2-8 Removal of property on expiration of lease. Balt., Md., Code art. 16, § 2-8 (2026) (a) Upon the expiration of the lease for any stall space or section, the lessee shall forthwith remove therefrom within 5 days any fixtures, furniture, or other items of personal property which belong to him. (b) After 5 days, all fixtures, furniture, and personal property will be considered abandoned, and the Mayor or his authorized agent shall have the right of removal or disposal. The cost of the removal shall be charged to the merchant abandoning said fixtures, furniture, or personal property. *History: Ord. 58-1218* *History: Ord. 75-783* *History: Ord. 81-426* *History: Ord. 83-1074* #### § 2-9 Use of vacant stall space. Balt., Md., Code art. 16, § 2-9 (2026) (a) Any person who may bring provisions or articles of any description, the sale of which is not prohibited at that market, for sale on a market day during market hours, shall be authorized to occupy any vacant stall space or section upon payment to the Mayor or his authorized agent for the use of the Director of Finance the sum of $10 for each day or part of a day he shall use and occupy the stall space or section. (b) If a lease has been issued for the use of a stall space or section, no person shall be permitted to occupy that stall space or section under the provisions of this section without the consent of the lessee. *History: Ord. 81-426* *History: Ord. 83-1074* ### Subtitle 3 – General Maintenance Requirements #### § 3-1 Alteration of spaces. Balt., Md., Code art. 16, § 3-1 (2026) No lessee shall make any installations or alterations on any the leased stall spaces until: (1) plans have been submitted to and approved by the Mayor or his authorized agent; (2) a permit therefor has been obtained from the Commissioner of Housing and Community Development; and (3) the approval of the Health Department of Baltimore City has been obtained where said approval is required. *History: Ord. 75-783* *History: Ord. 81-426* *History: Ord. 83-1074* #### § 3-2 Utilities. Balt., Md., Code art. 16, § 3-2 (2026) (a) The electric wiring on all stall spaces must be in accordance with the Electric Code of Baltimore City. (b) No lessee shall perform or have performed on the leased stall space any plumbing or drainage work: (1) except under the supervision of the Commissioner of Health; and (2) unless a permit be issued therefor. *History: Ord. 81-426* #### § 3-3 Sanitation. Balt., Md., Code art. 16, § 3-3 (2026) (a) No lessee shall permit any garbage, rubbish, or other waste material to accumulate on the premises. (b) He shall: (1) provide containers for the disposition of same that conform with the requirements of the Bureau of Sanitation of Baltimore City; and (2) keep such containers covered at all times. *History: Ord. 81-426* #### § 3-4 Fires. Balt., Md., Code art. 16, § 3-4 (2026) No fires, stoves, or fire pots shall be allowed in the wholesale Fish or Retail Markets. *History: Ord. 81-426* #### § 3-5 Signs. Balt., Md., Code art. 16, § 3-5 (2026) It shall be unlawful for any person to erect any swinging signs or projecting signs in any market of the City of Baltimore. *History: Ord. 75-783* ### Subtitle 4 – General Operational Requirements #### § 4-1 Market days and hours. Balt., Md., Code art. 16, § 4-1 (2026) (a) Market days for all stall spaces shall be on every day except Sunday and holidays. (b) (1) Except for the Wholesale Fish Market, for which a separate provision is made, and except as otherwise provided in this section, market hours at the several markets shall begin at 6 a.m. and end at 6 p.m on all market days. (2) On Saturdays, market hours shall begin at 6 a.m. and end at 10 p.m. (3) The hours specified herein as market hours for Saturday shall also apply to the days immediately preceding the Fourth of July, Thanksgiving Day, Christmas Day, and New Year’s Day, unless the day immediately preceding any such specified holiday would fall on a Sunday. (c) Provided, however, that the Mayor shall have the right, after meeting with the merchants for that purpose, to change the periods during which any or all of the markets are to be opened to cover periods not specified hereinabove when, in his opinion, the best interests of the public markets will be served by such change. (d) (1) The Mayor may cancel the an existing lease, after giving 30 days’ notice in writing by certified mail, of any merchant failing to conform to the designated hours, when, in the opinion of the Mayor, such cancellation is in the best interest of the public markets. (2) An aggrieved merchant can appeal a notice of cancellation within 15 days of its receipt to the Market Appeals Board for its review and decision. (3) The members of the Board are: (i) the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee; (ii) the President of the Baltimore Development Corporation or the President’s designee; (iii) the President of the Market Association where the stall space is located; and (iv) a member of the City Council appointed by the President of the Council. *History: Ord. 56-421* *History: Ord. 58-1587* *History: Ord. 65-743* *History: Ord. 75-783* *History: Ord. 82-638* *History: Ord. 83-1074* *History: Ord. 89-264* #### § 4-2 Merchandise. Balt., Md., Code art. 16, § 4-2 (2026) (a) Except as to the Wholesale Fish Market for which separate provision is made, nothing in this article contained shall be construed as limiting the sale to foodstuffs exclusively. However, the occupant or tenant shall, when making his application for an original lease or for the renewal of an existing lease, clearly set forth in each application and in each succeeding application, merchandise or articles to be sold under his particular lease. (b) The class or type of merchandise, articles, or foodstuffs offered for sale, shall not be changed during the tenancy of the lessee without expressed written approval of the Mayor or his authorized agent. (c) Any occupant or tenant violating the provisions of this section shall suffer the revocation of his or her lease. *History: Ord. 56-421* *History: Ord. 65-743* *History: Ord. 75-783* *History: Ord. 75-892* *History: Ord. 81-426* *History: Ord. 83-1074* #### § 4-3 Sale of fish and seafood. Balt., Md., Code art. 16, § 4-3 (2026) Fresh fish and seafood shall be sold only in that section of the market set aside for the sale of fresh fish and seafood. *History: Ord. 75-783* #### § 4-4 Platform or base required. Balt., Md., Code art. 16, § 4-4 (2026) (a) (1) The lessee of any stall space or section: (i) shall operate the same upon a raised platform which is not less than 20 inches above the surrounding pavement; or (ii) in the alternative, may operate the stall space upon a concrete base not less than 8 inches thickness, extending under the entire stall space and resting at least 8 inches above the surrounding pavement. (2) The lessee shall not have under his stall space any box, closet, or other receptacle of any kind whatsoever, unless: (i) it shall be raised not less than 20 inches above the surrounding pavement; or (ii) in the alternative, being resting upon such a concrete base of not less than 8 inches thickness. (b) It shall be the duty of the Mayor or his authorized agent to notify every person holding a lease for a stall space in that market to comply with the provisions of this section. (c) Upon a failure to comply with the provisions of this section, the Mayor or his authorized agent shall have the authority to have the work done and charge it to the lessee, and such cost shall be added to and included in the license fee due and payable for the use of such stall space. *History: Ord. 56-421* *History: Ord. 81-246* *History: Ord. 83-1074* #### § 4-5 Aisles to be free of merchandise. Balt., Md., Code art. 16, § 4-5 (2026) No person or persons shall place any article or expose for sale any goods, wares, or merchandise of any kind, in the aisleways of the several markets of the City during market hours. *History: Ord. 75-783* #### § 4-6 Special provisions for Wholesale Fish Market. Balt., Md., Code art. 16, § 4-6 (2026) (a) The Wholesale Fish Market is to be used solely for the purpose of receiving and dealing in fresh fish and other seafoods. (b) Boxes used in packing fish for the Wholesale Fish Market shall be raised 6 inches from the floor so that the entire surface can be washed. (c) The Wholesale Fish Market shall be washed every market day between the hours of 2 p.m. and 5 p.m. *History: Ord. 56-421* *History: Ord. 75-783* ### Subtitle 5 – Protective Measures #### § 5-1 Minor privilege stalls or stands precluded. Balt., Md., Code art. 16, § 5-1 (2026) No permit shall be issued for minor privilege stalls or stands within 2 blocks of the limits of the several markets, as herein defined, except for: (1) outdoor table service, when accessory to a restaurant use; and (2) a property owner who has operated a business in the same block since 1931, when accessory to the business conducted at that location. *History: Ord. 56-421* #### § 5-2 Wholesale fish sales near Wholesale Fish Market prohibited. Balt., Md., Code art. 16, § 5-2 (2026) It shall be unlawful for any person, firm, or corporation to sell fish or other seafood at wholesale in any of the markets adjacent to or in any of the streets surrounding or bounding upon the Wholesale Fish Market. *History: Ord. 56-421* *History: Ord. 75-783* #### § 5-3 Defacing, etc., buildings. Balt., Md., Code art. 16, § 5-3 (2026) (a) It shall be the duty of the Mayor or his authorized agent to prevent bill posting, defacing, mutilating, or injuring any portion of the market buildings in any manner whatsoever. (b) (1) No person may post bills, deface, mutilate, or injure any portion of said market buildings. (2) It shall be unlawful: (i) to deface any portion of a market house or any part thereof; (ii) to throw or cause to be thrown any stone, brick, or any other missile upon or against the market house; (iii) to place any trestle or lumber on the roof of the market house; or (iv) to climb or to walk upon the roof. *History: Ord. 83-1074* ### Subtitle 6 – Market Associations #### § 6-1 Formation. Balt., Md., Code art. 16, § 6-1 (2026) Each retail public market is hereby authorized to form a Market Association after the effective date of this subtitle. In the event that 75% of the stall owners of a particular market desire to form such an association, then authority is hereby given for such action. *History: Ord. 71-1000* *History: Ord. 75-783* #### § 6-2 Members and officers. Balt., Md., Code art. 16, § 6-2 (2026) (a) (1) Every stall owner in each retail public market shall automatically become a member of the Association when it is formed, each member enjoying the same privileges and responsibilities as all other members. (2) Each member shall be entitled to 1 vote only. (b) The officers of the Association shall be the President, Vice President, Treasurer, Secretary, and such other officers as the members may elect. *History: Ord. 71-1000* *History: Ord. 75-783* #### § 6-3 Meetings. Balt., Md., Code art. 16, § 6-3 (2026) (a) (1) The Association shall hold an annual meeting in the last quarter of each year, due written notice being given to all members not less than 10 days and not more than 30 days in advance of such meeting. (2) Among other business conducted at this meeting will be the election of officers. Each administration shall serve for 1 year, with the newly elected administration taking office on January 1. (b) Regular or special meetings may be called throughout the year by the President or by a majority of the membership. *History: Ord. 71-1000* *History: Ord. 75-783* #### § 6-4 Assessments, rules, and recommendations. Balt., Md., Code art. 16, § 6-4 (2026) (a) The officers of the Market Association, with the majority approval of the members, may: (1) establish a proportionate assessment fee for the stall owners; and (2) establish other rules designed for the general welfare of the Association, which may include but not be restricted to such activities as security services, guards, community relations, advertising, market hours, etc. (b) (1) All recommendations, with the exception of election of officers, approved by a majority of the Association members, will be submitted in writing to the Mayor or his authorized agent for his review and approval not more than 30 days after such decisions have been reached. (2) Within 30 days after reception of such recommendations, the Mayor or his authorized agent shall approve or disapprove of them in writing to the President of the appropriate Market Association. (3) All approved recommendations will then become binding on all members. *History: Ord. 71-1000* *History: Ord. 75-783* *History: Ord. 83-1074* *History: Ord. 85-516* #### § 6-5 Members’ nonpayment of dues, etc. Balt., Md., Code art. 16, § 6-5 (2026) (a) The President of the Market Association, with the majority approval of the members, may recommend to the Mayor or his authorized agent non-renewal of licenses to those members who fail to pay any dues or assessments which may be levied against the members of the Association. (b) If in the judgment of the Mayor or his authorized agent such recommendation is justified, he will: (1) duly advise such members in writing, giving them not less than 30 days in which to make the said payment; and (2) failing that, to deny renewal of the license at the expiration of the current period for which they have paid. *History: Ord. 71-1000* *History: Ord. 75-783* *History: Ord. 83-1074* #### § 6-6 Special fund accounts. Balt., Md., Code art. 16, § 6-6 (2026) (a) The Director of Finance: (1) shall collect the assessment fees from the stall owners of the markets; and (2) shall maintain a special fund account for each public market to which are credited the collections from that market. (b) The assessment fees collected from the stall owner in any one of the markets shall be transferred to the appropriate Market Association according to the terms of the agreement made between that Market Association and the Director of Finance. (c) The fund comprised of the assessment fees collected for a public market in accordance with this section shall be utilized solely for purposes determined by the stall owners of that market. (d) With the approval of the Board of Estimates, the Director of Finance may set a reasonable fee to be charged to each Market Association for the collection, accounting, and administrative services performed by the City, in an amount not to exceed the actual cost of said services. *History: Ord. 83-1074* *History: Ord. 85-516* ### Subtitle 7 – Market Advisory Committee ### Subtitle 8 – Penalties #### § 8-1 Revocation of license. Balt., Md., Code art. 16, § 8-1 (2026) If any occupant, tenant, or agent of such occupant or tenant, shall violate any directive, order, or ordinance of the municipal government, or violate any municipal, state, or federal law, regulation, or order, providing such violation shall occur in the market areas, or in any way in connection with the operation of said stall {sic}, the Mayor or his authorized agent, with the approval of the Board of Estimates, may revoke the license of said owner or occupant. *History: Ord. 56-421* *History: Ord. 75-783* *History: Ord. 83-1074* #### § 8-2 Balt., Md., Code art. 16, § 8-2 (2026) Reserved #### § 8-3 Basic penalty: $50. Balt., Md., Code art. 16, § 8-3 (2026) (a) Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor. (b) Upon conviction thereof, if no other penalty is prescribed in this article, he shall be subject to a fine of not exceeding $50 for each such offense. *History: Ord. 75-783* #### § 8-4 Defacing, etc.: $25. Balt., Md., Code art. 16, § 8-4 (2026) Violation of the provisions of § 5-3(b) of this article shall be subject to a penalty of not exceeding $25 for each such violation. *History: Ord. 75-783* #### § 8-5 Blocking aisles: $25. Balt., Md., Code art. 16, § 8-5 (2026) Violating § 4-5 of this article is subject to a penalty not exceeding $25 for each such offense. *History: Ord. 75-783* #### § 8-6 Absence of platform or base: $50 per week. Balt., Md., Code art. 16, § 8-6 (2026) Failure to comply with § 4-4 of this article shall be deemed a misdemeanor and, upon conviction thereof, shall be subject to a penalty of $50 for each and every week or portion thereof that the provisions of that section are not complied with. *History: Ord. 75-783* #### § 8-7 Resisting or obstructing enforcement: $100. Balt., Md., Code art. 16, § 8-7 (2026) If any person shall resist or obstruct the Mayor or his authorized agent or any market employee in the execution of his duty, the fine upon conviction shall be a sum not exceeding $100. *History: Ord. 75-783* *History: Ord. 83-1074* #### § 8-8 Sale of seafood outside designated section: $25 - $100. Balt., Md., Code art. 16, § 8-8 (2026) Any person, firm, or corporation refusing or failing to comply with the requirements of § 4-3 of this article shall be subject to a fine of not less than $25 nor more than $100 for each offense. *History: Ord. 75-783* #### § 8-9 Prohibited signs: $25 per day. Balt., Md., Code art. 16, § 8-9 (2026) Violation of the provisions of § 3-5 of this article shall be subject to a fine of $25 for each day the violation continues. *History: Ord. 75-783* #### § 8-10 Occupying stall without lease: $25 - $100 per day. Balt., Md., Code art. 16, § 8-10 (2026) Any person or persons occupying a stall space on any day for which a lease has not been obtained under the provisions of this article shall be subject to a fine of not less than $25 nor more than $100 for each such offense. *History: Ord. 75-783* ## Article 17 – Police Department ### Subtitle 1 – General Provisions; Definitions #### § 1-1 Definitions. Balt., Md., Code art. 17, § 1-1 (2026) (a) In this article, the following terms have the meanings indicated. (b) “Commissioner” means the Police Commissioner of Baltimore City. (c) “Department” means the Baltimore City Police Department. (d) “Department staff” means an individual employed by the Mayor and City Council of Baltimore assigned to work for the Department, whether a civilian or a police officer. (e) “Police officer” means a person who is: (1) legally authorized to enforce the general criminal laws of the State; (2) legally authorized to enforce the criminal and civil laws of the City; and (3) an employee of the Mayor and City Council of Baltimore. *History: * #### § 1-2 Rules and regulations. Balt., Md., Code art. 17, § 1-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Police Commissioner shall: (1) adopt rules and regulations to carry out this article; (2) adopt rules, regulations, orders, policies, or other directives: (i) relating to or in connection with the administration of the Department; and (ii) for the purpose of: (A) safeguarding the lives and safety of all individuals within the City; (B) protecting property within the City; and (C) assisting in securing to all individuals the equal protection of the law. *History: * #### § 1-3 Records. Balt., Md., Code art. 17, § 1-3 (2026) Subject to Subtitle 10 {“Records Management”} of Article 1 of the City Code, the Police Commissioner shall: (1) designate a records officer for the Department to: (i) serve as the Department liaison to the City Records Management Officer, as established under § 10-5 {“City Records Management Officer: In general”} of Article 1 of the City Code; and (ii) assist the City Records Management Officer in carrying out the records management program for the Department; (2) on the request of the City Records Management Officer, prepare a record inventory; (3) cooperate with the City Records Management Officer in the preparation of record retention and disposition schedules for the Department; and (4) comply with the rules and regulations adopted by the City Records Management Officer. *History: * ### Subtitle 2 – Police Department #### § 2-1 Required percentage of civilian employees. Balt., Md., Code art. 17, § 2-1 (2026) At lest 20 percent of the Department shall be civilian employees. *History: * #### § 2-2 Redistricting. Balt., Md., Code art. 17, § 2-2 (2026) (a) (1) In this section the following words have the meanings indicated. (2) “District” means a police district of the Department. (3) “Plan” means the proposal for the adjustment of district boundaries presented by the Mayor to the City Council for adoption or amendment by resolution. (b) To ensure that the resources of the Department are efficiently allocated, in accordance with Article VII, § 147 {“Redistricting”} of the City Charter the Commissioner shall prepare a proposal for the adjustment of the geographic boundaries of each district and the reallocation of the resources and personnel of the Department among the districts using: (i) decennial census population and housing data of the United States Census Bureau; (ii) district call volume trends; (iii) district response times; and (iv) any other information deemed necessary by the Commissioner. *History: * #### § 2-3 Immigration enforcement policies and procedures. Balt., Md., Code art. 17, § 2-3 (2026) (a) (1) In this subtitle, the following terms have the meanings indicated. (2) “Immigration enforcement action” has the meaning stated in § 5-1 of Article 4 of the City Code. (3) “Immigration official” has the meaning stated in § 5-1 of Article 4 of the City Code. (b) The Department may not engage in, assist, or support immigration enforcement actions unless: (1) the Department is required to execute a criminal warrant or court order issued by a federal or State judge; or (2) as otherwise required by law, including the terms of the Baltimore City Consent Decree. (c) In accordance with Department policy, the Department may be present at the scene of an immigration enforcement action to de-escalate any direct threat to life or public safety. (d) If the Department interacts with an immigration official who is conducting an immigration action, the Department shall, in accordance with any applicable law: (1) inquire whether any individual being held by the immigration official is being held pursuant to a warrant, a court order, or probable cause; (2) request the name of any individual being held by the immigration official; (3) document the interaction on the Officer’s body-worn camera, in adherence with Department policy; and (4) request and document the immigration official’s law enforcement credentials. *History: * *History: * ### Subtitle 3 – Police Officers #### § 3-1 Definitions. Balt., Md., Code art. 17, § 3-1 (2026) (a) In this subtitle the following words have the meanings indicated. (b) “Certified exclusive representative” means an employee organization certified by the Labor Commissioner as provided for in Article 12, § 4-3 {“Election of exclusive representative”} of the City Code. (c) (1) “Direct compensation” means: (i) wages; (ii) salaries; (iii) longevity pay based on number of years worked for the Department; (iv) shift differential; (v) bonuses; and (vi) leave with monetary value. (2) “Direct compensation” does not include: (i) a pension or any benefit that is to be paid on or after an employee’s retirement or termination of employment; and (ii) Department policies and actions that do not relate to direct compensation, including: (A) job security; (B) disciplinary procedures; (C) investigations and actions; (D) promotions; (E) deployment or scheduling, including eligibility and assignment to details and positions; (F) loss of leave as provided in the general orders; and (G) issues relating to eligibility for overtime compensation. *History: * #### § 3-2 Labor relations; collective bargaining. Balt., Md., Code art. 17, § 3-2 (2026) (a) Except as otherwise provided in this section, the provisions of Article 12 of the City Code as amended from time to time and any rules and regulations adopted pursuant thereto governing or relating to labor relations or collective bargaining with general municipal employees of the City shall apply to labor relations and collective bargaining between the City and Department staff. (b) (1) Negotiations with a certified exclusive representative, on behalf of police officers, shall be conducted jointly by the Police Commissioner and the Labor Commissioner, or the designees of the Police Commissioner and the Labor Commissioner, on behalf of the employer. (2) An employee organization may not be denied certification as the exclusive representative of any police officers solely for the reason that it: (i) permits both rank and file employees in addition to supervisory and professional employees to join its membership; or (ii) affiliates with another employee organization that permits rank and file, supervisory, or professional employees to join its membership. (c) (1) If the certified exclusive representative and the Department have not reached a written agreement concerning all issues of direct compensation by March 1 of any year, either party may at any time thereafter request arbitration by a board of arbitration, as provided for in this subsection. (2) A request for arbitration by either the certified exclusive representative or the Department must be honored. (d) (1) The board of arbitration shall be composed of 3 members. (2) Within 4 days of the request for arbitration: (i) 1 member will be appointed by the Mayor; and (ii) 1 member will be appointed jointly by the certified exclusive representative. (3) Within 8 days of the request for arbitration, 1 member will be appointed by the 2 members previously chosen under paragraph (2) of this subsection. (4) The member chosen by the 2 members described under paragraph (2) of this subsection shall serve as the chair of the board of arbitration. (e) (1) In accordance with the procedures of the American Arbitration Association, the member appointed to the board of arbitration under subsection (d)(3) of this section must be selected from a list of 7 arbitrators furnished by the American Arbitration Association. (2) All of the arbitrators on the list furnished by the American Arbitration Association under paragraph (1) of this subsection must be members of the National Academy of Arbitrators. (f) If the 2 members previously appointed under subsection (d)(2) of this section do not mutually agree on the 3rd member, then: (1) the party requesting the arbitration shall first strike 1 name from the list furnished under subsection (e)(1) of this section; and then (2) the remaining party shall strike 1 name from the list; and (3) this process shall continue until 1 name remains, who shall be the 3rd member of the board of arbitration. (g) The board of arbitration shall have the power to: (1) administer oaths; (2) compel the attendance of witnesses; and (3) require the production of evidence by subpoena. (h) (1) The board of arbitration shall begin the arbitration proceedings within 7 days after the chair is selected. (2) The board of arbitration shall make its decision within 30 days. (3) A decision by the board of arbitration shall be determined by a majority vote. (4) For good cause the chair may extend any of the time requirements established by this subsection. (i) Within 3 days after the selection of the chair of the board of arbitration, the Labor Commissioner or the Labor Commissioner’s designee shall provide each member of the board of arbitration and all parties with a detailed itemization of the last proposal made by each of the respective parties during the negotiations with respect to issues of direct compensation. (j) (1) The provisions of this section governing interest arbitration for police officers shall apply only to the terms of collective bargaining agreements directly relating to direct compensation. (2) The provisions of this section may not be construed as being contradictory to the provisions of the general orders. (3) If there is a dispute over whether an issue is an issue of direct compensation, the board of arbitration shall decide the issue and the decision by the board of arbitration is final and binding on both parties. (k) (1) The board of arbitration shall identify the major issues in the dispute, review the positions of all parties, and base its decision on the following factors: (i) the lawful authority of the City; (ii) the financial conditions of the City; (iii) the stipulations of the parties; (iv) providing for direct compensation for employees involved in the arbitration proceeding; (v) the overall compensation and benefits paid to the employees involved in the arbitration proceeding, whether reached by a collective bargaining agreement or otherwise, including any increased cost to the City for providing the benefits; (vi) the terms and conditions of employment for other employees of the Mayor and City Council of Baltimore including any changes to the terms and conditions for the period to be covered by the decision of the board of arbitration; (vii) the overall compensation and benefits of public safety employees in the State; and public safety employees in comparable out-of-state metropolitan political subdivisions as compared with private sector employees in the metropolitan Baltimore City area; (viii) factors that are normally used in the determination of wages and other benefits in the collective bargaining process, including: (A) cost-of-living data; and (B) consumer prices for goods and services (ix) the increases and decreases in the Consumer Price Index published by the Bureau of Labor Statistics in the United States Department of Labor; (x) the public welfare, including the impact of the board of arbitration’s decision on the City’s ability to continue providing services generally to the residents of the City; and (xi) the terms of the existing collective bargaining agreement negotiated between the parties in the past. (2) Notwithstanding paragraph 1 of this subsection, the board of arbitration may not render a decision relating to direct compensation that adversely impacts the City’s ability to continue to fund other public services generally. (l) (1) The board of arbitration, after hearing witnesses and receiving and considering the written evidence that is submitted, shall issue a written decision that orders the implementation of the last proposal of 1 of the respective parties submitted in accordance with subsection (i) of this section. (2) The board of arbitration shall issue a written decision that: (i) demonstrates that all the factors set forth in subsection (l) of this section have been considered and applied; and (ii) includes the evidence on record relied on in making the decision. (3) (i) The decision of a majority of the members of the board of arbitration shall be final and binding on the Mayor and City Council of Baltimore and on the certified employee organizations involved in the proceedings. (ii) No appeal of the decision is allowed. (iii) The decision constitutes: (A) a mandate to the Mayor of Baltimore City with respect to the matters that can be remedied administratively by the Mayor; and (B) a mandate to the Board of Estimates and the City Council with respect to the matters which require legislative action necessary to implement the decision of the board of arbitration. (4) Legislation for matters that require legislative action for implementation shall be enacted within 45 days following the date of the arbitration decision. (5) The amounts of salaries and wage scales determined by the final decision of the board of arbitration shall be included in the proposed Ordinance of Estimates in accordance with Article VI, § 12(b) {“Multi-year collective bargaining agreements”} of the City Charter. (m) The cost of the arbitration proceedings, including the cost for a court reporter, provided under this section shall be paid equally by the parties involved. *History: * #### § 3-3 Police officers – Qualifications, appointment, promotion, probation. Balt., Md., Code art. 17, § 3-3 (2026) (a) (1) The Department shall administer competitive examinations and such other tests as may be necessary to ascertain the relative qualifications for a: (i) candidate for appointment at the entry level; and (ii) candidate for promotional appointment within the Department. (2) Examinations shall: (i) be public; (ii) fairly test the capacity and fitness of the candidate to discharge the duties of the position the candidate is seeking; and (iii) be prepared with guidance from a nationally-recognized police or testing group, as designated by the Commissioner. (3) The Department shall prepare graded lists of qualified candidates determined from the examinations and other tests administered under this subsection. (b) (1) The Department shall prepare a promotion list that ranks qualified candidates in order from highest to lowest based on examination and test scores. (2) (i) The Commissioner shall make a promotional appointment from the candidates that are the highest scoring 25 percent of candidates on the promotion list prepared under paragraph (1) of this subsection. (ii) (A) The top 25 percent of candidates is the quartile of candidates on the promotion list that score the highest. (B) The 25 percent highest scoring candidates shall be calculated when the promotion list is created and shall remain fixed for the life of the promotion list. (iii) After the first promotion is made, as prescribed by subparagraph (i) of this paragraph, the Commissioner shall fill the next vacancy in the Department, if any, from the highest scoring remaining and available candidate on the promotion list. (3) All promotional appointments made after the creation of a promotion list must be made in accordance with paragraph (2) of this subsection until the eligible list is exhausted by such appointments. (4) (i) Each promotion list created under paragraph (1) of this subsection may not be used for longer than 1 year, unless the list is extended upon the request of the Commissioner. (ii) The Commissioner may not extend the use of a promotion list for more than 2 years, dating from the time that the list was first created. (5) (i) The Commissioner or the Commissioner’s designee may not remove a candidate from an promotion list. (ii) The Commissioner or the Commissioner’s designee may remove a candidate from an promotion list, if: (A) the candidate is no longer available for appointment; or (B) between the time the candidate applied for the promotion and the time in which the candidate is to be selected for the promotion, a misconduct complaint against the candidate for which the punishment could be termination has been received and sustained by the board or the Department’s disciplinary review committee. (6) (i) A promotion list is subject to the Maryland Public Information Act. (ii) The promotion list, examination papers, and other materials used in determining a candidate’s eligibility may be inspected by: (A) the Commissioner or the Commissioner’s designee; and (B) the individual applicant, as limited to those materials that pertain to their application. (c) (i) Notwithstanding any provisions of this subtitle, the Commissioner may make any appointment to the Department above the rank of lieutenant without examination. (ii) No position above the rank of lieutenant shall be filled by a police officer within the Department of a rank less than lieutenant. (iii) Where any such appointment is made, the police officer so appointed shall, upon the termination of service in such position, be returned to the rank from which the police officer was elevated, or to such higher rank as the police officer became eligible to serve in during the appointment. (d) Any provisions relating to the Department contained in §§ 94 to 103 of Article VII of the City Charter notwithstanding, all appointments and promotional appointments shall be probationary in accordance with the following rules: (1) During the 1st year, all appointments to the Department at the entrance level of civilian employees shall be known and regarded as probationary. (2) All appointments of a police officer to the Department shall, during the 1st year of service following completion of entrance level training, be known and regarded as probationary. (3) At any time during the 1-year probationary period for either a civilian employee or a police officer the appointee’s employment may, in the discretion of the Commissioner, be forthwith terminated without the necessity for a hearing, and when so terminated the appointee shall cease to be a member of the Department, if: (i) the services of an appointee are not satisfactory to the Commissioner; or (ii) the appointee is not certified by the police physician as physically qualified to continue to discharge the appointed individual’s duties. (4) All promotional appointees, both civilian employees and police officers, shall be probationary for 1 year after which, if the appointee’s services are satisfactory to the Commissioner, and the appointee is physically able to perform the duties of the appointee’s rank, grade, or position, as certified by the police physician, the promotional appointment shall be made permanent. (5) If, in the judgment of the Commissioner the services of a promotional appointee have not been satisfactory or the appointee is not physically qualified for the promotional appointment, the appointee shall be reduced to the rank, grade, or position from which the appointee was promoted. *History: * ## Article 18 – Educational and Cultural Programs ### Division I – Education #### Subtitle 1 – City Public Schools ##### Part 1 – Bequests and Donations ###### § 1-1 In general. Balt., Md., Code art. 18, § 1-1 (2026) (a) The Board of School Commissioners is hereby authorized to receive all devises, bequests, and donations which may be made for the benefit of said public schools. (b) All devices, bequests, and donations received by said board, by virtue either of this section or of any act or acts of the General Assembly of Maryland, shall be paid over by it to the Director of Finance, who shall place the same to the credit of the school fund. *History: Rev. Ords.1858-040* *History: Ord. 76-145* ###### § 1-2 Allocation of funds. Balt., Md., Code art. 18, § 1-2 (2026) (a) If any condition or conditions be prescribed in any such devise, bequest, or donation, the same shall be applied under the direction of said Board, with the sanction of the Mayor and City Council, agreeably to the intention of the testator or donor. (b) (1) If no condition be prescribed in any such devise, bequest, or donation, it shall not be lawful for said Board to draw all or any part of the amount thereof out of the City Treasury during the year in which it was received, unless: (i) the collections from the resources and levy of the school fund for said year should fall short of the estimated expenditures forming the basis of said levy; or (ii) it shall have been already allowed in the estimated resources of the fund for said year. (2) Otherwise, the same shall be included in the estimate of the ensuing year. *History: Rev. Ords. 1858-040* ###### §§ 1-3 to 1-5 Balt., Md., Code art. 18, § 1-3 to 1-5 (2026) Reserved ##### Part 2 – Intestate’s Estate ###### § 1-6 Scope of Part. Balt., Md., Code art. 18, § 1-6 (2026) This Part applies to all funds which shall be paid to or received by the Director of Finance, or in any other way, or through any other person or persons, passed over and transferred to the Mayor and City Council of Baltimore, pursuant to the provisions of §§ 19-1 through 19-4 of the Baltimore City Public Local Laws. *History: Ord. 1883-088* *History: Ord. 76-145* ###### § 1-7 Allocation of funds. Balt., Md., Code art. 18, § 1-7 (2026) Funds received from an intestate’s estate: (1) shall be held subject to the order of the Board of School Commissioners of the City of Baltimore, in like manner as the funds derived from taxation for said purposes are held; and (2) are declared to be a separate and distinct revenue, to be applied to the use and support of the public schools, in addition to the annual tax levied and the annual appropriation made for that purpose. *History: Ord. 1883-088* ###### § 1-8 Notice to Board. Balt., Md., Code art. 18, § 1-8 (2026) It shall be the duty of the Director of Finance to notify and inform the Board of School Commissioners, by a communication in writing, whenever any funds arising from the aforesaid source shall be hereafter received by him, and the amount of the same. *History: Ord. 1883-088* *History: Ord. 76-145* ###### § 1-9 Accounts. Balt., Md., Code art. 18, § 1-9 (2026) (a) Whenever said Board shall intend to apply any portion or all of the aforesaid funds, hereafter received from intestate estates, the warrant or order drawn for said funds, or any portion thereof, shall show upon its face that it is drawn upon said funds. (b) It shall be the duty of the City Comptroller and the Director of Finance to keep a separate account of all receipts and disbursements for said special and specific fund. *History: Ord. 1883-088* *History: Ord. 76-145* ###### § 1-10 Collection of claims. Balt., Md., Code art. 18, § 1-10 (2026) The Mayor is authorized, upon the presentation to him of satisfactory evidence of the existence of any just and valid claim on the part of the corporation, on account of the school fund, against a certain estate, and which claim it is, in his judgment, judicious to prosecute, to employ for that purpose the services of one or more agents, and to agree with such agent or agents for such compensation to him or them as he may deem fair and reasonable, provided the said compensation shall be entirely contingent upon the recovery of the money. ###### §§ 1-11 to 1-15 Balt., Md., Code art. 18, § 1-11 to 1-15 (2026) Reserved ##### Part 3 – Tuition ###### § 1-16 Free attendance for residents and certain others. Balt., Md., Code art. 18, § 1-16 (2026) (a) There shall be no charge for tuition or for the use of books or stationery in any of the public schools, but it shall be the duty of the Board of School Commissioners to furnish, free of all costs to the pupils and their parents, all the necessary tuition and the use of books and stationery for the several schools, and in general, whatever fuel or other supplies the schools may require, the same to be paid for from the public school fund. (b) (1) The public schools of the City of Baltimore are intended to promote the general welfare of its citizens and are maintained exclusively for the education of the children whose parents or guardians are actual residents of said City. (2) But the children of any member of the U. S. Army, Navy, Marine Corps, or Coast Guard stationed in the City of Baltimore shall be admitted to said schools without paying any tuition while the said member is stationed in the City. (3) But children residing in Baltimore whose parents or guardians are residents of the insular territories or possessions of the United States and children attending and residing at the Maryland School for the Blind shall be admitted to said schools. (c) Provided, however, that in the maintenance of junior colleges or similar institutions for post-high school instruction, in the maintenance of extended-care nursery schools, in offering courses to adults, and in offering summer school enrichment non-credit courses to pupils deemed qualified by the Board of School Commissioners, authority for the establishment and maintenance of said types of instruction being thereby granted, the Board of School Commissioners is hereby authorized to charge such fees as it shall from time to time determine. *History: Ord. 1866-074* *History: Ord. 1884-141* *History: Ord. 02-055* *History: Ord. 10-595* *History: Ord. 11-629* *History: Ord. 40-296* *History: Ord. 46-668* *History: Ord. 50-977* *History: Ord. 64-253* ###### § 1-17 Tuition for nonresidents. Balt., Md., Code art. 18, § 1-17 (2026) (a) Children of non-resident parents or guardians may be admitted to said schools upon payment for tuition as prescribed in this section, subject to such rules as the Board of School Commissioners may from time to time prescribe, and subject always to the prior right of the children of residents of Baltimore to the use of said schools. (b) The Board of Estimates is authorized and directed upon recommendation of the Board of School Commissioners to establish a scale of tuition fees and to change the same from time to time upon recommendation of the Board of School Commissioners. (c) The Board of Estimates shall have power and authority upon recommendation of the Board of School Commissioners to waive tuition fees in any case where the said Board of Estimates shall find that the public interest and welfare will be promoted by such waiver. *History: Ord. 1874-053* *History: Ord. 1887-049* *History: Ord. 1899-153* *History: Ord. 02-055* *History: Ord. 10-595* *History: Ord. 11-629* *History: Ord. 22-710* *History: Ord. 26-569* *History: Ord. 48-475* ###### §§ 1-18 to 1-20 Balt., Md., Code art. 18, § 1-18 to 1-20 (2026) Reserved ##### Part 4 – Employee Organizations ###### § 1-21 Definitions. Balt., Md., Code art. 18, § 1-21 (2026) (a) As used herein: (b) “Employees” means any of the following employees of the Department of Education of the City of Baltimore: (1) teachers; (2) personnel concerned with the supervision, administration, and direction of the educational program and related services; and (3) other employees whose positions require a knowledge of and participation in the educational program. (c) “Employee organization” means any organization: (1) which is authorized by employees, or any appropriate unit thereof, to represent them; and (2) which has as its principal purpose the representation of such employees in presenting their requests to the School Board, the Board of Estimates, and the City Council with respect to their wages and working conditions. *History: Ord. 67-1031* ###### § 1-22 Exclusive representative to be determined by election. Balt., Md., Code art. 18, § 1-22 (2026) (a) The School Board may determine which employee organization, if any, claiming to represent the employees, or an appropriate unit thereof, shall be the exclusive representative of said employees, or of such unit, as the case may be, or if no employee organization shall be their exclusive representative, such determination to be based upon an election by secret ballot. (b) (1) If the School Board holds an election hereunder in a unit which does not comprise all of the employees, as defined in § 1-21(b), then the Board shall, if requested, hold an election to select an exclusive representative for any appropriate unit or units of the remaining employees, using the same procedures. (2) Provided, however, that the provisions in § 1-23(b) and (c) shall not apply in this initial election. *History: Ord. 67-1031* *History: 76-145* ###### § 1-23 Subsequent elections. Balt., Md., Code art. 18, § 1-23 (2026) (a) If an election is conducted pursuant to § 1-22, no further election shall be held for an exclusive representative of the employees in the unit in which said election was conducted for a period of 2 years from the date of the School Board’s certification of the results of said election. (b) Subsequent elections may be held upon the filing of a petition with the School Board, supported by 30% or more of the employees of an appropriate unit, alleging that the said employees in said unit desire: (1) that an employee organization be selected as their exclusive representative; (2) that an employee organization’s certification as exclusive representative be rescinded; or (3) that another employee organization be certified as their exclusive representative. (c) The School Board may, upon verifying the requisite percentage, determine by secret ballot election which employee organization, if any, shall be the exclusive representative of such employees; provided, however, that no valid election shall have been conducted in said unit within the preceding 2 years. *History: Ord. 67-1031* ###### § 1-24 Determining appropriate units. Balt., Md., Code art. 18, § 1-24 (2026) In all elections, the School Board may determine the appropriate unit, the composition of which shall remain unchanged for a period of 2 years. *History: Ord. 67-1031* ###### § 1-25 Conduct of elections. Balt., Md., Code art. 18, § 1-25 (2026) (a) The said Board may adopt reasonable rules and regulations for the conduct of said elections and the certification of the results thereof. (b) (1) The said Board may, further, employ or contract for such other assistance as it may require in conducting such election. (2) The School Board may assess all or any part of the cost and expense of said services on the employee organizations seeking to participate in such election. (c) In all elections, the School Board shall certify the employee organization, if any, selected as the result of said election by a majority of the votes cast, as the exclusive representative of all employees eligible to vote in said election. *History: Ord. 67-1031* ###### § 1-26 Certified organization as exclusive representative. Balt., Md., Code art. 18, § 1-26 (2026) (a) The employee organization so designated shall act as the representative of all of the aforesaid employees in the unit, as the case may be, without regard to employee organization membership, in appearing before, presenting to, and conferring with the School Board, with respect to the wages and working conditions of said employees. (b) However, nothing herein contained shall preclude the right of any employee to present and seek adjustment of grievances on his own behalf under any grievance procedure which may be adopted by the School Board nor shall any employee or employees be prevented from appearing on their own behalf before the School Board to urge or protest against any proposed wages or working conditions affecting such employee or employees. *History: Ord. 67-1031* ###### § 1-27 Strikes, etc., prohibited. Balt., Md., Code art. 18, § 1-27 (2026) (a) Employee organizations shall be prohibited: (1) from calling, maintaining, or participating in a strike; or (2) from inducing, encouraging, aiding, or abetting any employee to: (i) engage in a strike; (ii) withhold his services as such employee; (iii) picket in furtherance of either of the aforesaid purposes in front of, about, or in close proximity to any of the school buildings operated and maintained by the School Board; or (iv) picket for any purpose in front of, about, or in close proximity to any school building while school is in session or during such period prior to and following such session, as may be prescribed by the School Board. (b) (1) If a certified employee organization shall violate any of the provisions herein, its certification shall immediately be revoked by the School Board, and said employee organization and any other employee organization which violates any of the provisions herein shall be ineligible to participate in or be considered for election as exclusive representative for a period of 2 years thereafter. (2) Provided, however, that nothing contained in this subsection shall in any way limit the City in seeking any other legal remedies to prevent or prohibit such illegal conduct. *History: Ord. 67-1031* ###### §§ 1-28 to 1-30 Balt., Md., Code art. 18, § 1-28 to 1-30 (2026) Reserved ##### Part 5 – School Board Nominating Committee ###### § 1-31 Committee established. Balt., Md., Code art. 18, § 1-31 (2026) There is a School Board Nominating Committee in the Office of the Mayor. *History: Ord. 87-994* ###### § 1-32 Membership. Balt., Md., Code art. 18, § 1-32 (2026) (a) Each member shall represent an organization that: (1) is a nonprofit organization with City-wide or area-wide activities; (2) has a standing Committee on Education which has been in existence for at least 1 year; (3) is a broad-based organization that is interested in all educational programs and issues; (4) has had an active involvement with the Baltimore City schools; and (5) does not have an employee-negotiated agreement with the Department of Education. (b) Persons who represent an organization on the Committee shall: (1) reside in Baltimore City; (2) not be employed by the Department of Education; (3) not be applicants for the Board of School Commissioners; and (4) not have their names included on the eligibility list recommended by said Committee. (c) The Mayor shall appoint the members and their representatives to the Committee. *History: Ord. 87-994* *History: 87-1057* ###### § 1-33 Purpose and duties. Balt., Md., Code art. 18, § 1-33 (2026) (a) The purpose of the Committee is to make recommendations to the Mayor for membership on the Board of School Commissioners. (b) It shall be the responsibility of the Committee to: (1) actively seek qualified candidates, by public recruitment and advertisement when necessary; (2) maintain a list of qualified candidates at all times; (3) adopt written procedures concerning the minimum number of names to be maintained on the list and the length of time a name will be retained; (4) interview possible candidates; and (5) include in its considerations any possible conflict of interest the candidate might have if appointed to the Board. (c) The Committee may include in the list sent to the Mayor comments on any candidate. *History: Ord. 87-994* ###### § 1-34 Expenditures. Balt., Md., Code art. 18, § 1-34 (2026) The Committee may expend funds authorized in the Ordinance of Estimates or any supplemental appropriation. *History: Ord. 87-994* ###### § 1-35 Balt., Md., Code art. 18, § 1-35 (2026) Reserved ##### Part 6 – Miscellaneous ###### § 1-36 Selection of school sites. Balt., Md., Code art. 18, § 1-36 (2026) (a) Prior to final selection of a site for the construction of a new school, the Planning Commission shall consult with the Board of Fire Commissioners, the Police Commissioner, the Department of Public Works, the Department of Transportation, and the Department of Housing and Community Development about the proposed site. (b) Such consultations shall be in the form of written communications, accompanied by plats indicating the site. (c) Recommendations of the parties consulted shall be transmitted to the Planning Commission in writing within 30 days of the proposal. *History: Ord. 69-418* *History: Ord. 76-145* *History: Ord. 15-435* ###### § 1-37 Parking on school property. Balt., Md., Code art. 18, § 1-37 (2026) (a) Off-street parking space for teachers and staff shall not be provided on any land under the jurisdiction of the Department of Education, except where approved by the Mayor and City Council. (b) Parking space designated for teachers and staff before August 4, 1972, shall not be affected by this section. *History: Ord. 72-130* ###### § 1-38 Registration of visitors. Balt., Md., Code art. 18, § 1-38 (2026) (a) It shall be unlawful for any person to enter any public school building owned or leased by the City of Baltimore or its agencies without immediately registering at the office of the principal or other designated head of that school. (b) Such registrant shall be required to furnish his name, address, and occupation, and shall state the reason for his presence in the building. In addition, he shall furnish positive identification that he is that person so registering. (c) The provisions of this section shall not apply to teachers, students, or employees at the particular school. (d) Any violation of the provisions of this section shall be deemed a misdemeanor, subject upon conviction to a fine of not more than $500 or to imprisonment for not longer than 6 months or to both fine and imprisonment, in the discretion of the Court. *History: Ord. 69-529* ###### § 1-39 Return of school property. Balt., Md., Code art. 18, § 1-39 (2026) (a) The Board of School Commissioners of Baltimore City is hereby empowered to demand and collect from the parents and guardians of children who have attended the public schools but have left the said schools, all books and other property which were furnished the said children during their attendance at said schools if the same are in the possession of said parents or guardians. (b) In case of the refusal or neglect of the said parents or guardians to deliver to the Board of School Commissioners or its agent such books and other property as may be in their possession after demand therefore {sic}, they shall be subject to a fine of $5 for each and every offense, said fines to be collected as other fines are now collected. *History: Ord. 1898-125* *History: Ord. 48-475* ###### § 1-40 Library book selections. Balt., Md., Code art. 18, § 1-40 (2026) The selection of the books, which shall be only of an instructive and moral character, shall be made by the said Board, or a committee appointed by it for the purpose, and no book deemed by it to be injurious to the morals of the pupils, or of a sectarian character, whether obtained by purchase or donation, shall be admitted in said libraries. *History: Ord. 48-434* ###### § 1-41 Peabody Prizes. Balt., Md., Code art. 18, § 1-41 (2026) The Board of School Commissioners of the City of Baltimore is hereby authorized: (1) to accept and receive the premiums given by the Trustees of the Peabody Institute to the High Schools of Baltimore City, as specified in Mr. Peabody’s letter to his trustees; and (2) to have the same distributed from time to time in such a manner as it shall deem most conducive to the benefit of the schools and the objects of the donor. *History: Ord. 48-433* #### Subtitle 2 – Scholarships to Maryland Institute ##### § 2-1 Contracts for instruction. Balt., Md., Code art. 18, § 2-1 (2026) The Mayor, City Comptroller, and Director of Finance annually may contract with the Maryland Institute for the instruction of students in the Institute’s schools, at the tuition rate charged by the Institute. *History: Ord. 00-074* *History: Ord. 08-115* *History: Ord. 65-686* *History: Ord. 76-145* ##### § 2-2 Basic scholarships. Balt., Md., Code art. 18, § 2-2 (2026) (a) Such number of full tuition scholarships in this program shall equal: (1) the number of the members of the City Council of Baltimore, its President, plus the Mayor of Baltimore; plus (2) the number of fully accredited high schools in Baltimore City. (b) Prior to September 1 in every year: (1) each member of the City Council of Baltimore and its President and the Mayor of Baltimore may each apportion 1 full tuition scholarship among 1 or more students to the Maryland Institute; and (2) the Board of School Commissioners may appoint 1 student from each of the accredited high schools in Baltimore City. (c) Each student who receives all or a portion of a full tuition scholarship shall be entitled to such scholarship for instruction and materials for 1 academic year (2 semesters) in the Day School of the Institute, provided each meets the requirements of the Institute that are required of other pupils taking similar courses. *History: Ord. 00-074* *History: Ord. 08-115* *History: Ord. 56-670* *History: Ord. 65-686* *History: Ord. 81-240* ##### § 2-3 Continuing studies classes. Balt., Md., Code art. 18, § 2-3 (2026) Each member of the City Council, its President, and Mayor may, in addition to the scholarships provided for in § 2-2, allocate 3 tuition scholarships each year in the Continuing Studies Division of the Institute to 1 or more students for instruction and materials, provided each appointee meets the requirements of the Institute for such students. *History: Ord. 81-240* ##### § 2-4 Reappointments authorized. Balt., Md., Code art. 18, § 2-4 (2026) Any appointment provided for in this subtitle may be a new appointment or may be a reappointment, in the discretion of the appointing official. *History: Ord. 81-240* ##### § 2-5 Unfilled appointments; subsequent vacancies. Balt., Md., Code art. 18, § 2-5 (2026) (a) (1) The President of the Institute, annually in the months of September and January, shall report to the Mayor and City Council the names of the students so appointed and in attendance at its schools, together with a list of vacancies, should any exist. (2) If no appointment be made prior to the 1st of October or February by the person entitled to fill a vacancy, the Mayor shall appoint a student to fill the vacancy. (b) In case of a vacancy for any reason among any such appointments, the President of the Institute promptly shall notify the person entitled to make any such appointment, who is then entitled to fill the vacancy by awarding the scholarship to another applicant who meets the qualifications of the Institute. *History: Ord. 00-074* *History: Ord. 08-115* *History: Ord. 56-670* *History: Ord. 65-686* *History: Ord. 81-240* ##### § 2-6 Budget submission. Balt., Md., Code art. 18, § 2-6 (2026) The President of the Institute annually shall submit to the Director of Finance, for inclusion in the preliminary operating budget of the next ensuing fiscal year, an amount for tuition to the Institute computed from the number of appointments provided for in this subtitle. *History: Ord. 65-686* *History: Ord. 81-240* ##### § 2-7 Inspections; payment. Balt., Md., Code art. 18, § 2-7 (2026) (a) The Mayor, City Comptroller, and Director of Finance, annually or as much oftener as they may deem expedient, shall inspect the schools of the Institute and the condition and the manner in which the terms of the contract are being fulfilled by the Institute. (b) (1) If the Director of Finance is satisfied that the contract is being faithfully observed, he shall pay the Institute annually, in installments on the 1st days of October and February, such sums as equal the tuition charges computed under § 2-6 of this subtitle, but the payment in any instance shall not exceed a sum equal to ½ of the appropriation included in the Ordinance of Estimates for that year. (2) All sums shall be used for the education of the said students as above provided and for no other purpose whatsoever. *History: Ord. 00-074* *History: Ord. 08-115* *History: Ord. 65-686* #### Subtitle 3 – Scholarships to Baltimore City Community College ##### § 3-1 Program established. Balt., Md., Code art. 18, § 3-1 (2026) There is hereby established a program of City scholarships for students enrolled as full-time or half-time students at the Baltimore City Community College. *History: Ord. 69-515* *History: Ord. 81-265* *History: Ord. 99-526* ##### § 3-2 Appointments. Balt., Md., Code art. 18, § 3-2 (2026) (a) For each academic year, the following appointments may be made for students to be educated by the Baltimore City Community College, free of tuition charge for 1 academic year (2 semesters): (1) the Mayor may appoint a total of 5 full-time students; (2) the President of the City Council and the Comptroller may each appoint a total of 3 full-time students; and (3) each member of the City Council may appoint a total of 2 full-time students. (b) For any of these appointments, the number of half-time students equivalent in terms of tuition may be substituted for a full-time student. (c) Any appointment may be a new appointment or may be a reappointment, in the discretion of the appointing official. *History: Ord. 69-515* *History: Ord. 81-265* *History: Ord. 99-526* ##### § 3-3 Student qualifications. Balt., Md., Code art. 18, § 3-3 (2026) Any scholarship to be awarded or renewed according to the provisions of this subtitle shall be awarded only to an applicant who has met the following conditions: (1) that he shall be, at the time of the appointment, a resident of the City of Baltimore; (2) that he shall have been accepted for admission or continuance as a full-time or half-time student to the Baltimore City Community College; and (3) that his sponsor has satisfied himself that the applicant has need for financial assistance in order to attend college. *History: Ord. 69-515* *History: Ord. 81-265* ##### § 3-4 Vacancies. Balt., Md., Code art. 18, § 3-4 (2026) In case of a vacancy for any reason among any such appointments, the President of the Baltimore City Community College shall promptly notify the official entitled to make any such appointment, who is then entitled to fill the vacancy by awarding the scholarship to another applicant who meets the qualifications listed in § 3-3. *History: Ord. 69-515* *History: Ord. 81-265* ##### § 3-5 Budget appropriations. Balt., Md., Code art. 18, § 3-5 (2026) (a) The value of the tuition scholarship granted under the provisions of this subtitle shall not be deducted from the appropriation payable out of the City’s general funds for the City’s share of the cost of supporting the Baltimore City Community College. (b) The scholarships granted hereunder shall not serve to relieve the State of Maryland or any other third party of its contribution to the cost of operating the Baltimore City Community College. *History: Ord. 69-515* *History: Ord. 81-265* ##### § 3-6 Rules and regulations. Balt., Md., Code art. 18, § 3-6 (2026) The Board of Trustees of the Community College of Baltimore are hereby empowered to adopt and promulgate such reasonable rules and regulation pertaining to the tuition scholarship program established under this subtitle as are necessary and convenient for the administration of the program. *History: Ord. 69-515* *History: Ord. 81-265* #### Subtitle 4 – McDonogh Educational Fund and Institute ##### § 4-1 Property invested in Board of Trustees. Balt., Md., Code art. 18, § 4-1 (2026) All the money, stock, securities, investments, property, and estate of every kind and description, with the increment thereon, which has heretofore come into the possession of the City of Baltimore, or which hereafter may come into its possession, or which is now held by any agent, trustees, or board of trustees, heretofore created by any ordinance, and which has been or may hereafter be received under the bequests and devises contained in the will of John McDonogh, by the City of Baltimore, shall pass to and be invested in said Board of Trustees. *History: Ord. 1868-068* ##### § 4-2 Trustees - number; vacancies. Balt., Md., Code art. 18, § 4-2 (2026) (a) The number of Trustees shall not be less than 7 nor more than 9. (b) If at any time they shall be reduced to a less number than 7, by death, resignation, or removal out of Baltimore City, or otherwise, it shall be the duty of the remaining Trustees to fill each vacancy within 30 days after its occurrence. (c) If they do not fill such vacancy within said period, it shall be the duty of the President of the Board to notify the Mayor of the City of Baltimore of the fact of said vacancy, and thereupon it shall be the duty of the Mayor to appoint some person to fill such vacancy or vacancies as often as they may occur in manner aforesaid, and the person so appointed shall be and become one of the Trustees to all intents and purposes. *History: Ord. 1868-068* ##### § 4-3 Trustees - general powers. Balt., Md., Code art. 18, § 4-3 (2026) (a) A majority of said Trustees shall have power, from time to time, to enact and make bylaws and rules and regulations for the management and government of said Fund and Institute. (b) They shall also have power: (1) to remove any one of their own number who in the opinion of the majority of said Trustees may be negligent of his duty, or otherwise conduct himself improperly; (2) to elect annually a president, secretary, and agent, fix their salaries, and prescribe their respective duties, and to remove them at pleasure; and (3) to appoint such other officers and servants as they may deem necessary and proper, according to such rules and bylaws as may be prescribed by them. (c) Any officer or officers, or agent, who shall be appointed to receive and disburse the money of said Fund and Institute, shall, before he proceeds to act as such, enter into bond with such penalty and conditions as may be prescribed by said Trustees. *History: Ord. 1868-068* ##### § 4-4 Purchase of land for school farm. Balt., Md., Code art. 18, § 4-4 (2026) (a) The said Trustees may: (1) sell all the real estate situate in the City of Baltimore, heretofore purchased by the Trustees of the McDonogh Educational Fund and Institute; and (2) invest the proceeds in real estate in the vicinity of Baltimore, of such dimensions and at such distance from said City as to them may seem most judicious for the purpose of establishing a school farm, as directed under the will of the said John McDonogh, which real estate shall be in fee simple and adapted to agricultural purposes. (b) (1) In addition to the proceeds arising from the sale of the real estate aforesaid, the said Trustees are authorized to use all the interest which may accrue from the investment of the sum of $500,000, in the purchase of said real estate and erection of such buildings and improvements thereon as may be necessary for such school farm, until the purchase money of the land and the erection of said buildings shall have been fully paid. (2) Provided, nevertheless, that the principal sum of said fund shall at no time be less than $500,000, which the said Trustees are required to have well secured at all times. *History: Ord. 1868-068* ##### § 4-5 Maintenance of school farm. Balt., Md., Code art. 18, § 4-5 (2026) So soon as the purchase of the real estate and the erection thereon of the buildings mentioned in § 4-4 shall have been completed and paid for, the said Trustees shall apply the interest issuing from said funds, as well as the interest which may be derived from all other property devised to the City of Baltimore by the said John McDonogh, to the support and maintenance of said school farm, and the expenses incident to the proper instruction and education of the youth directed by said will of said John McDonogh. *History: Ord. 1868-068* ##### § 4-6 Annual report of Trustees. Balt., Md., Code art. 18, § 4-6 (2026) (a) It shall be the duty of the Board of Trustees to exhibit to the Mayor and City Council of Baltimore, annually, a full report in writing of their proceedings during the year, and of the state of the Institute, showing the number and condition of the scholars and all matters necessary to the full understanding of the affairs and situation of the Institute, which shall be certified by oath or affirmation of the president, secretary, and agent, and at least 1 of the Trustees. (b) It shall be accompanied by an account or statement, certified in like manner, showing the receipts and expenditures for the year, and the assets and pecuniary condition of the Institute. (c) Said reports shall be addressed to the Mayor at least 10 days before the annual meeting of the City Council in each and every year. *History: Ord. 1868-068* ##### § 4-7 Inspection of books and records. Balt., Md., Code art. 18, § 4-7 (2026) (a) The records, books, accounts, papers, grounds, and buildings of the said Institute shall at all times be open to the inspection and examination of the Mayor. (b) The City Council shall always have power, by resolution or otherwise, to appoint committees of their body to inquire into the affairs of said Institute. *History: Ord. 1868-068* ##### § 4-8 Investment powers of Trustees. Balt., Md., Code art. 18, § 4-8 (2026) (a) The Trustees of The McDonogh Educational Fund and Institute shall have power with respect to all property which may have been heretofore or which may hereafter be granted, transferred, delivered to, or otherwise vested in the Mayor and City Council of Baltimore for the Trustees of The McDonogh Educational Fund and Institute or in said McDonogh Fund and Institute to invest and reinvest the same and to change the investments thereof, with full power to sell or otherwise dispose of any of such property or investments from time to time so held, said powers to include, but not by way of limitation, the power to invest monies in their control or possession in the securities of the United States, of states, counties, and municipalities, in mortgages, corporate bonds, notes, or other securities, real estate, and ground rents. (b) They shall make the selection in such manner as will in their judgment afford safe productive investments for the funds in their hands. *History: Ord. 44-077* *History: Ord. 85-470* #### Subtitles 5 to 6 ### Division II – Libraries #### Subtitle 7 – Enoch Pratt Free Library ##### Part 1 – Establishment ###### § 7-1 Conveyance and annuity approved. Balt., Md., Code art. 18, § 7-1 (2026) (a) In pursuance of the power and authority vested in it by said Act of the General Assembly of Maryland {Chapter 181, Acts of 1882} and for the purpose of perpetually promoting and diffusing knowledge and education among the people of the City of Baltimore, the said proposed conveyance of the said library building and premises, situate upon Mulberry Street, as aforesaid, and the said proposed payment of $833,333.33, are agreed to be accepted by said Mayor and City Council of Baltimore. (b) For the purpose of carrying into effect the said proposed object, the said Mayor and City Council of Baltimore, by this Part do hereby contract and agree with the said Enoch Pratt, and with the said “Enoch Pratt Free Library of Baltimore City”, the body corporate aforesaid, in consideration of said conveyance of said library building and premises, and of the payment of said sum of money unto it, to grant and create an annuity of $50,000, to be paid perpetually hereafter, forever, in equal quarterly payments, for the purposes and maintenance of said library; said annuity to be paid unto the Board of Trustees of said body corporate and their successors, forever, to be applied by them to the purposes and maintenance of said library, as established and defined in the Act of Incorporation thereof. *History: Ord. 1882-106* ###### § 7-2 Annual payments by City. Balt., Md., Code art. 18, § 7-2 (2026) Upon the conveyance by said Enoch Pratt or his representatives, by a valid deed, of the clear, unencumbered fee simple estate in said lot of ground, with the improvements thereon, situate on Mulberry Street, in said City of Baltimore, unto the said Mayor and City Council, and upon the payment by said Enoch Pratt or his representatives, unto said Mayor and City Council, of said sum of $833,333.33, the Mayor of the City of Baltimore, at the time of the execution of said deed, is authorized and empowered to join in the execution of the same, for and on behalf of the Mayor and City Council of Baltimore, and to contract, covenant and agree, for and on their behalf, to pay perpetually thereafter the yearly sum of $50,000, in equal quarterly payments, unto the Trustees of the “Enoch Pratt Free Library of Baltimore City”, and their successors, forever, the said “Enoch Pratt Free Library of Baltimore City” also joining in said deed, and agreeing to appropriate said sum for its corporate purposes, and to make an annual report to the Mayor and City Council of Baltimore, of the proceedings of said body corporate, and of the condition of said library and its branches, with a full account of the monies received and expended by said Trustees. *History: Ord. 1882-106* ###### § 7-3 Investment in sinking fund. Balt., Md., Code art. 18, § 7-3 (2026) So soon as Enoch Pratt shall pay to the Mayor and City Council of Baltimore, the sum of $833,333.33, according to the terms and provisions of § 7-1 of this Part, it shall be the duty of the Board of Finance to invest the same in Baltimore City stock heretofore authorized to be issued at par as a sinking fund, to be known by the name of the “Enoch Pratt Free Library Sinking Fund”. *History: Ord. 1883-064* ###### § 7-4 Investment of interest. Balt., Md., Code art. 18, § 7-4 (2026) The interest upon said investment so as aforesaid directed to be made, shall also be invested from time to time, as the same shall be received, in the public debt of the City of Baltimore, and such investments of said interest, and of the interest upon said interest, shall also constitute a part of said sinking fund; and said investment of said interest, and of interest on said interest, shall continue so to be made in the public debt of the City of Baltimore until the annual income from said investments shall reach the sum of $50,000; and in the meanwhile, the sum of $50,000, to pay said annuity, shall be levied for as other city taxes are levied for. *History: Ord. 1883-064* ###### § 7-5 Income from investments. Balt., Md., Code art. 18, § 7-5 (2026) When the said annual income upon the investments in said sinking fund shall reach the sum of $50,000, the making of said investments for said purpose shall cease, and the said annual income of $50,000 arising therefrom shall be thereafter appropriated and applied to the payment of the annuity of $50,000 to the Trustees of the Enoch Pratt Free Library of Baltimore City, and all taxation for the purpose of raising said annuity of $50,000 for such purpose, shall cease and be discontinued. *History: Ord. 1883-064* ###### § 7-6 Mayor to appoint Visitor. Balt., Md., Code art. 18, § 7-6 (2026) There shall be appointed by the Mayor a Visitor to the Enoch Pratt Free Library of Baltimore City, in accordance with the provisions of the Act of 1882, Chapter 181, and it shall be the duty of the Visitor so appointed, and of his successors in said office, to perform the duties prescribed for such Visitor by said Act of Assembly. *History: Ord. 1884-145* *History: Ord. 1896-035* ###### §§ 7-7 to 7-10 Balt., Md., Code art. 18, § 7-7 to 7-10 (2026) Reserved ##### Part 2 – Carnegie Fund ###### § 7-11 Branch libraries. Balt., Md., Code art. 18, § 7-11 (2026) The Mayor and City Council of Baltimore does hereby accept the offer of said Andrew Carnegie, and does hereby undertake and agree that as the sum of $500,000 offered the City of Baltimore by said Andrew Carnegie shall be received and expended by the Trustees of the Enoch Pratt Free Library in the erection of branch library buildings upon sites furnished or provided by the said Mayor and City Council and accepted by the said Trustees, that upon the completion of such of said branch libraries, the same shall be maintained by said Mayor and City Council by a yearly provision in the tax levy of a sum not less than 10% of the amount given by said Andrew Carnegie for the construction of each of said buildings, such annual appropriation by the Mayor and City Council to be expended by said Trustees for the maintenance as aforesaid in such manner as may be specified from year to year in the Ordinance of Estimates. *History: Ord. 07-275* *History: Ord. 20-249* ###### § 7-12 Appropriations subject to approval of General Assembly. Balt., Md., Code art. 18, § 7-12 (2026) No appropriation shall be effective for the purposes set forth in this Part until authority to make such appropriations by the Mayor and City Council of Baltimore to the Trustees of the Enoch Pratt Library shall be authorized by the General Assembly of Maryland. *History: Ord. 07-275* #### Subtitles 8 to 9 ### Division III – Museums and Galleries #### Subtitle 10 – Art Museum Building Commission ##### § 10-1 Created; composition. Balt., Md., Code art. 18, § 10-1 (2026) (a) There is hereby created an “Art Museum Building Commission”. (b) The Commission shall have 31 members, of whom 3 shall be the Mayor, the President of the City Council, and the City Comptroller. The remaining 28 members of the Commission shall be appointed by the Mayor as soon as this subtitle takes effect. *History: Ord. 25-402* ##### § 10-2 Powers of Commission. Balt., Md., Code art. 18, § 10-2 (2026) (a) Subject to all existing provisions of law, the Commission shall have general advisory and supervisory powers over the selection of a suitable site and the formulation of designs and plans for the construction of a building for the housing, care, and exhibition of works of art and the study thereof. (b) Any site which may be selected by the Commission pursuant to the powers conferred by this subtitle shall be subject to the approval of the Board of Estimates. (c) The selection of an architect and the adoption of designs and plans for the building shall be arranged by the Commission with the Architectural Commission in the manner provided by Article 5, Subtitle 29 of the City Code. (d) When the plans and specifications are duly approved, the building shall be erected under the supervision of the Buildings Engineer, as provided by Article VII, § 31 of the City Charter. *History: Ord. 25-402* ##### § 10-3 Lease of building to corporation. Balt., Md., Code art. 18, § 10-3 (2026) In the event that the members of the Art Museum Building Commission form a corporation under the laws of this State, or in the event that the members of the Art Museum Building Commission become the board of directors or trustees of any existing body corporate with charter powers enabling such corporation to acquire and exhibit objects of art, then plans shall be formulated by the proper City officials to lease the building provided for herein to such corporation at a nominal rental, provided that the board of directors or trustees of such corporation shall always include the Mayor, the President of the City Council, and the City Comptroller; and provided further that the terms under which such lease is made shall, before it take effect, be approved by an ordinance of the Mayor and City Council. *History: Ord. 25-402* #### Subtitle 11 – Baltimore Museum of Art ##### § 11-1 Agreement with City ratified. Balt., Md., Code art. 18, § 11-1 (2026) The said Mayor and City Council of Baltimore does hereby approve, ratify, and confirm said Agreement dated October 7, 1930, entered into by and between the Mayor and City Council of Baltimore and The Baltimore Museum of Art, Incorporated, which said Agreement is as follows. This lease and agreement made this seventh day of October, in the year 1930, by and between the Mayor and City Council of Baltimore, party of the first part, and The Baltimore Museum of Art, Incorporated, a corporation of the State of Maryland, party of the second part. Whereas, the Mayor and City Council of Baltimore by Ordinance No. 402, approved May 21, 1925, provided for the construction of an art institute or museum for the housing, care and exhibition of works of art, and the study thereof, and to this end for the creation of an Art Museum Building Commission having general advisory and supervisory powers over the selection of a suitable site and the formulation of the necessary designs and plans; and Whereas, said Ordinance further provided that “In the event that the members of the Art Museum Building Commission become the Board of Directors or Trustees of any existing body corporate with charter powers enabling such corporation to acquire and exhibit objects of art, then plans shall be formulated by the proper City officials to lease the building provided for herein to such corporation at a nominal rental, provided that the Board of Directors or Trustees of such corporation shall always include the Mayor, the President of the City Council, and the City Comptroller; and provided further that the terms under which such lease is made shall, before it takes effect, be approved by an ordinance of the Mayor and City Council.” Whereas, the said building has been completed, and the corporation contemplated as the lessee thereof by the above provision of said Ordinance was The Baltimore Museum of Art, Incorporated, the party of the second part hereto; and Whereas, the members of the Art Museum Building Commission, including the Mayor, the President of the City Council and the City Comptroller, have been elected directors and trustees of said The Baltimore Museum of Art, Incorporated, and this lease is a plan formulated pursuant to said Ordinance. Now, Therefore, this Lease Witnesseth: First: That the party of the first part has granted and demised and let and does by these presents grant, demise and let unto the party of the second part, its successors and assigns, the said Art Museum Building referred to in the aforesaid Ordinance, situate on or near the west side of North Charles Street in Wyman Park. To have and to hold, until terminated as by this Agreement hereinafter provided, the said building for so long a time as the said party hereto of the second part, its successors and assigns, shall continue to carry out the objects and purposes defined in its charter, as now or hereafter in force, provided such objects and purposes are in accord with the objects and purposes as set out in said Ordinance No. 402, approved May 21,1925. Secondly: That neither party hereto shall be responsible or liable to the other for injury or damage to said building by fire or casualty, nor shall the Mayor and City Council of Baltimore be in any event responsible to the party of the second part for any loss, injury or damage of any kind to the contents of said building belonging to said party of the second part, but each party shall have the right to insure its own interest in said building or contents and at its own cost. Thirdly: That the said party of the second part shall have and enjoy the exclusive use of the whole of said building, subject to the provisions herein contained and the rules and regulations herein prescribed, during the continuance of the term hereby granted, or until the termination thereof, as herein provided. Fourthly: That the Museum shall have the right to charge a fee for admission to the Museum and to special exhibits and programs in the Museum, and the exhibition halls of the Museum shall be kept open and accessible to the public, and the Museum shall have the right to prescribe rules and regulations for the management, operation and use of the Museum. A copy of such rules and regulations shall be filed with the Department of Legislative Reference. Fifthly: That the library, apparatus and collections, and all other property of the said party of the second part which shall or may be placed in said building, shall continue to be and remain absolutely the property of said party of the second part; and the said party of the first part shall not, by reason of said property being placed in said building, or continuing therein, have any right, title, property or interest therein; nor shall the said party of the second part, by reason of its occupation and use of said building under this agreement, acquire, or be deemed to have any right, title, property or interest in said building, except so far as expressly granted by this agreement. Sixthly: That the said party of the second part shall, on or before the first day of May in every year during the continuance of this agreement, submit to the said party of the first part, its successor or successors, a detailed printed report of the operations and transactions of the said party of the second part, and all its receipts and payments, for the year ending with the thirty-first day of December next preceding. Seventhly: That the said party of the first part shall have, at all times, access to every part of said building for general visitation and supervision, and also for the purpose of the performance of the duties devolved upon it by the laws of the State of Maryland, or ordinances of the City of Baltimore. That the police powers and supervision of said party of the first part shall extend in, through and about said building. That the said party of the second part may appoint, direct, control and remove all persons employed within said building, and in and about the care of said building, and the library, apparatus and collections therein contained. Eighthly: That the said party of the second part may, at any time after the expiration of three, and before the expiration of nine months from the date of the service of a notice in writing on said party of the first part, its successor or successors, or on the Mayor of the City of Baltimore, of its intention so to do, quit and surrender the said premises, and remove all its property therefrom; and the party hereto of the first part may serve a notice in writing upon the party hereto of the second part terminating this agreement and to vacate the premises, within nine months from the date of such notice; and upon and after such notice served by either of the parties hereto upon the other, the said party of the second part shall quietly and peacefully yield up and surrender unto the said party of the first part, or its successors and assigns, all and singular the aforesaid demised premises, and remove all its property therefrom. Ninthly: And it is further expressly understood and agreed by and between the parties hereto, that this Agreement may be wholly cancelled and annulled, or from time to time altered or modified, as may be agreed in writing between the said parties or their successors, anything herein contained to the contrary in anywise notwithstanding. In witness whereof, the party hereto of the second part has caused this Agreement to be executed by its President and Secretary, and its corporate seal duly attested by its Secretary, to be hereunto affixed, and the party of the first part has caused these presents to be signed by the Mayor, and its corporate seal duly attested by its City Register to be hereunto affixed.
Attest: Mayor and City Council of Baltimore,
A. M. Denhard, By Wm. F. Broening, Mayor.
City Register.
Attest: The Baltimore Museum of Art,
Henry H. Weigand, By Blanchard Randall, President
Secretary.
Approved:
Wm. F. Broening,
Augustus M. Denhard,
R. Walter Graham,
Albert G. Towers,
Commissioners of Finance.
Approved as to form and legal sufficiency:
A. Walter Kraus, City Solicitor.
Joseph R. Walter, Assistant City Solicitor.
*History: Ord. 30-1184* #### Subtitle 12 – Peale Museum ##### § 12-1 Agreement with City ratified. Balt., Md., Code art. 18, § 12-1 (2026) The Mayor and City Council of Baltimore does hereby approve, ratify, and confirm said Agreement dated April 29, 1931, entered into by and between the Mayor and City Council of Baltimore and the Trustees of the Municipal Museum of the City of Baltimore, Incorporated, which said Agreement is as follows: This Lease and Agreement, made this 29th day of April, 1931, by and between the Mayor and City Council of Baltimore, party of the first part, and the Trustees of the Municipal Museum of the City of Baltimore, Incorporated, a corporation of the State of Maryland, party of the second part. Whereas, the building formerly known as the Peale Museum and afterward used as the City Hall of the City of Baltimore, in the State of Maryland, has been renovated, remodelled and restored to its original style and appearance by the Mayor and City Council of Baltimore with the idea of preserving, collecting, and housing therein pictures, objects of art, and other articles reminiscent of official and industrial life and history of the City of Baltimore of interest to the public generally; and Whereas, it is believed that the most advantageous results in collecting and caring for and preserving such pictures, objects, and articles, and in exhibiting the same in said Museum, in superintending the maintenance of such a collection in the building in which they are to be kept and established, can best be obtained by entrusting that function to some organization now existing or created for such purpose; and Whereas, The Trustees of the Municipal Museum of the City of Baltimore, Incorporated, party of the second part, has been incorporated by persons interested in such matters and civic affairs generally, for the purpose of: (a) Acquiring by gift, bequest, purchase, or otherwise, objects of interest to the inhabitants of the City of Baltimore, particularly such objects as may be of historical or artistic significance in the life of the City. (b) Holding exhibitions and furnishing information to the public by means of lectures, or otherwise, in regard to the foregoing and in regard to any subject of general municipal interest. (c) And particularly of establishing and maintaining in the City of Baltimore a municipal museum association, which establishment and maintenance is intended or designed especially for the collecting, housing, and caring for exhibits of the character and kind for which purpose the Mayor and City Council of Baltimore, had, as hereinbefore stated, renovated, remodelled, and restored the aforesaid Peale Museum. Now, therefore, this lease and agreement witnesseth: First: That the party of the first part has granted, demised, and let and does by these presents grant, demise, and let unto the party of the second part, its successors and assigns, the said Peale Museum hereinbefore referred to or mentioned, situate on the east side of Holliday Street, north of Lexington Street, and opposite the Municipal Office Building of Baltimore City. To have and to hold, until terminated as by this Agreement hereinafter provided, the said building for so long a time as the said party hereto of the second part, its successors and assigns, shall continue to carry out the objects and purposes defined in its Charter as now or hereafter in force, provided such objects and purposes are conducted as a non-commercial project, and provided further that the Mayor, the President of the City Council, and the City Comptroller of Baltimore City are elected Trustees of the party of the second part within thirty (30) days after the ratification of this Lease and Agreement by the City Council of Baltimore. Secondly: That neither party hereto shall be liable or responsible to the other for injury or damage to said building by fire or casualty, nor shall either the Mayor and City Council of Baltimore nor the Trustees of the Municipal Museum of Baltimore, Incorporated, be in any event responsible to the other for any loss, injury or damage of any kind to the contents of said building belonging to or in the custody of the other party hereto, but each party shall have the right to insure its own interest in said building or contents at its own cost. Thirdly: That the said party of the second part shall have and enjoy the exclusive use of the whole of said building, subject to the provisions herein contained and the rules and regulations herein prescribed, during the continuance of the term hereby granted, or until the termination thereof, as herein provided. Fourthly: That the exhibition halls of said buildings shall be kept open and accessible to the public on such days, during such hours and under such rules and regulations as the party of the second part shall from time to time prescribe; and all professors and teachers of the public schools of the City of Baltimore shall be admitted to all the advantages afforded by the said party of the second part, through the building, library, apparatus, and collections of either of the parties hereto, for study, research, and investigation, free of any charge therefor. Fifthly: That the library, apparatus and collections, and all other property which shall or may be placed in said building by either of the parties hereto shall continue to be and remain absolutely the individual property of the respective owners thereof, and neither of the parties hereto shall have any right, title, property, or interest in any property placed by either of them in said museum; nor shall the said party of the second part, by reason of its occupation and use of said building under this agreement, acquire or be deemed to have any right, title, property or interest in said building, except so far as is expressly granted by this Agreement. Sixthly: That the said party of the second part shall, on or before the first day of May in every year during the continuance of this Agreement, submit to the said party of the first part, its successor or successors, a detailed printed report of the operations and transactions of the said party of the second part, and all its receipts and payments, for the year ending with the thirty-first day of December next preceding. Seventhly: That the said party of the first part shall have, at all times, access to every part of said building for general visitation and supervision, and also for the purpose of the performance of the duties devolved upon it by the Laws of the State of Maryland, or Ordinances of the City of Baltimore. That the police powers and supervision of said party of the first part shall extend in, through and about said building. That the said party of the second part may appoint, direct, control, and remove all persons employed within said building, and in and about the care of said building, and the library, apparatus and collections therein contained. Eighthly: That the said party of the second part may, at any time after the expiration of three, and before the expiration of nine months from the date of the service of a notice in writing on said party of the first part, its successor or successors, or on the Mayor and City Council of Baltimore, of its intention so to do, quit and surrender the said premises, and remove all of its property therefrom; and the party hereto of the first part may serve a notice in writing upon the party hereto of the second part terminating this Agreement and to vacate the premises, within one year from the date of such notice; and upon and after such notice served by either of the parties hereto upon the other, the said party of the second part shall quietly and peaceably yield up and surrender unto the said party of the first part, or its successors and assigns, all and singular the aforesaid demised premises, and remove all its property therefrom. Ninthly: And it is further expressly understood and agreed by and between the parties hereto, that this Agreement may be wholly cancelled and annulled, or from time to time altered or modified, as may be agreed in writing between the said parties or their successors, anything herein contained to the contrary in anywise notwithstanding. Tenthly: That the Baltimore City Life Museums, Incorporated, is the successor in interest to the Trustees of the Municipal Museum of the City of Baltimore, Incorporated. That any fees charged for admission to the Peale Museum or other City museums operated by the Baltimore City Life Museums, Incorporated, shall be retained by the Baltimore City Life Museums, Incorporated for its operating expenditures. That the Baltimore City Life Museums, Incorporated, shall get approval from the Board of Estimates for any fees charged or any change in fees. In witness whereof, the party hereto of the first part has caused this Agreement to be signed by the Mayor and its corporate seal to be hereunto affixed, duly attested by its City Register, and the party of the second part has caused this Agreement to be executed by its President and Secretary, and its corporate seal to be hereunto affixed, duly attested by its Secretary.
Attest: Mayor and City Council of Baltimore,
August M. Denhard, By William F. Broening, Mayor
City Register.
Attest: The Trustees of Municipal Museum of the
John H. Scarff, City of Baltimore, Incorporated,
Secretary. By Chester Wm. Snyder, President.
Attest:
Wm. F. Broening,
R. Walter Graham,
Augustus M. Denhard,
Commissioners of Finance.
Approved as to form and legal sufficiency:
A. Walter Kraus, City Solicitor.
*History: Ord. 31-1273* #### Subtitle 13 #### Subtitle 14 – Walters Art Gallery ##### Part 1 – Acceptance of Property ###### § 14-1 Acceptance of property. Balt., Md., Code art. 18, § 14-1 (2026) The Mayor of the City of Baltimore is hereby authorized and directed to accept from the Safe Deposit and Trust Company of Baltimore, executor under the last will and testament of Henry Walters, late of Baltimore City, deceased, all property and funds which the said executor is required to convey, transfer and pay over to the Mayor and City of Baltimore under the terms and provisions of said last will and testament; and the Mayor of the City of Baltimore is hereby further authorized and directed to give to said executor receipts and releases, adequate in form and substance, for each property and funds so conveyed, transferred, and paid over. *History: Ord. 33-400* ###### § 14-2 Use of property. Balt., Md., Code art. 18, § 14-2 (2026) The Walters Art Gallery and the property at 5 West Mount Vernon Place, and the contents of the buildings, shall be used for the benefit of the public, as directed by Item 2 of said last will and testament; and the income from the endowment fund created under paragraph C of Item 3 of said last will and testament shall be used for the purpose of maintaining the Walters Art Gallery for the benefit of the public. *History: Ord. 33-400* *History: Ord. 76-053* ###### §§ 14-3 to 14-5 Balt., Md., Code art. 18, § 14-3 to 14-5 (2026) Reserved ##### Part 2 – Trustees of Walters Art Gallery ###### § 14-6 Trustees created. Balt., Md., Code art. 18, § 14-6 (2026) The Trustees of the Walters Art Gallery are created as a body corporate, as provided in Chapter 217, Laws of Maryland 1933. *History: Ord. 33-400* *History: Ord. 99-526* ###### § 14-7 Organization. Balt., Md., Code art. 18, § 14-7 (2026) (a) The Trustees comprise: (1) the Mayor of Baltimore; (2) the President of the City Council of Baltimore; (3) a representative of the Safe Deposit and Trust Company, trustee under the last will and testament of Henry Walters, to be selected by that company; and (4) no less than 6 nor more than 40 elected members, as the Bylaws of the Trustees specify. (b) (1) The term of an elected member is 3 years. (2) The terms of the elected members are staggered as required by the terms for members as of May 30, 1996. (3) On expiration of the term of an elected member, a successor is to be elected by the remaining Trustees. (4) Elected members are eligible to succeed themselves. (c) Any vacancy is to be filled by the remaining Trustees for the remainder of the term in which the vacancy occurs. (d) The officers of the Trustees are as provided in Chapter 217, Laws of Maryland 1933. (e) The Trustees receive no compensation for the performance of their duties. *History: Ord. 33-400* *History: Ord. 33-468* *History: Ord. 38-691* *History: Ord. 45-203* *History: Ord. 50-1084* *History: Ord. 96-016* *History: Ord. 99-526* ###### § 14-8 Powers and duties. Balt., Md., Code art. 18, § 14-8 (2026) (a) The Trustees have the powers and duties provided in Chapter 217, Laws of Maryland 1933, and this section. (b) The Trustees shall have full and complete control over the property and funds given to the City of Baltimore by Henry Walters, as the agency through which the directions and intent of the donor are to be obeyed and his objects realized. (c) The Trustees may use the Walters Art Gallery and the property at 5 West Mount Vernon Place, together with the contents of those buildings, only for the benefit of the public, as directed in Item 2 of the last will and testament of Henry Walters. (d) (1) The Safe Deposit and Trust Company is directed to pay the income from the trust fund created under Item C.3 of the last will and testament of Henry Walters to the Trustees of Walters Art Gallery, in quarterly installments, and the Trustees of Walters Art Gallery is appointed agent of the Mayor and City Council of Baltimore to receive those payments. (2) Any payment of income by the Safe Deposit and Trust Company to the Trustees is deemed a payment to the Mayor and City Council of Baltimore, and the Safe Deposit and Trust Company is released, acquitted, and discharged of all responsibility and liability for the income so paid to the Trustees. (3) The Trustees may receive and expend this income for the purpose of maintaining the Walters Art Gallery for the benefit of the public, including the acquisition and improvement of property incidental to the purposes of the last will and testament. (e) The Trustees may expend for the same purposes any funds derived from selling any of the contents of Walters Art Gallery or of the property at 5 West Mount Vernon Place found not to be of museum value or interest. *History: Ord. 33-400* *History: Ord. 33-468* *History: Ord. 76-053* *History: Ord. 99-526* ###### § 14-9 Annual report. Balt., Md., Code art. 18, § 14-9 (2026) As soon as convenient after January 1 of each year, but not later than March 15, the Trustees of Walters Art Gallery shall submit a report of the activities and operations of Walters Art Gallery to the Board of Estimates and each member of the City Council. *History: Ord. 33-468* *History: Ord. 99-526* ###### § 14-10 Name and continuation of gallery. Balt., Md., Code art. 18, § 14-10 (2026) (a) As a testimonial to the generosity and public spirit of the late Henry Walters, the gallery shall be known in perpetuity as “Walters Art Gallery”. (b) The gallery may not, at any time, be merged or consolidated with any other institution. *History: Ord. 33-468* *History: Ord. 50-1084* *History: Ord. 99-526* ###### § 14-11 Dispositions, loans, and exhibitions. Balt., Md., Code art. 18, § 14-11 (2026) (a) The Trustees may not sell or otherwise dispose of any work of art without the consent of the Mayor and City Council of Baltimore. (b) Objects of art owned by the Walters Art Gallery may be loaned to or exhibited in any other institution without the approval of the Mayor and City Council. However, the Trustees must provide notice of any loan or exhibition to the Mayor and City Council of Baltimore and the Board of Estimates of Baltimore City. *History: Ord. 33-468* *History: Ord. 50-1084* *History: Ord. 99-526* ###### § 14-12 Charter and Bylaws. Balt., Md., Code art. 18, § 14-12 (2026) (a) No amendment to the Act of Incorporation (Chapter 217, Laws of Maryland 1933) may be accepted or observed by the Trustees of Walters Art Gallery without the consent of the Mayor and City Council of Baltimore. (b) A copy of the bylaws of the corporation and any amendments to the bylaws, as adopted from time to time, shall be filed with the Department of Legislative Reference and accessible at all times to the public. *History: Ord. 33-468* *History: Ord. 50-1084* *History: Ord. 99-526* #### Subtitles 15 to 16 ### Division IV – Concerts #### Subtitle 17 – City Music Programs ##### § 17-1 In general. Balt., Md., Code art. 18, § 17-1 (2026) The Department of Recreation and Parks is hereby authorized to provide concerts, symphonies, and other musical entertainment for the people of Baltimore City, to the end that a proper appreciation of music may be developed and encouraged and that an opportunity may be afforded the residents of Baltimore City with musical talent to develop the same. *History: Ord. 42-701* ##### § 17-2 Arrangements and contracts. Balt., Md., Code art. 18, § 17-2 (2026) (a) (1) Within the limits of the appropriations made therefor in the Annual Ordinance of Estimates, the Department is hereby authorized and empowered to make any and all arrangements it may deem necessary for its concerts, symphonies, and musical entertainments and for the proper operation of said Departments, including, but not limited to: (i) the entering into of contracts with a Director of Music, a Personnel Manager, and such Conductors as it may deem expedient in connection with the musical activities of the Department; and (ii) the entering into of contracts with musicians, singers, musical entertainers, and such other persons as it may deem necessary for the proper operation of the Department. (2) The said Department is also authorized and empowered to hire halls, auditoriums, and other places suitable for the conduct of the activities of the Department. (b) In contracting with any musician, singer, or other musical entertainer, the Department shall give preference to persons residing in Baltimore City, if qualified to perform the desired services. *History: Ord. 42-701* ##### § 17-3 Admission fees. Balt., Md., Code art. 18, § 17-3 (2026) The Department is hereby authorized and empowered to charge and collect admission fees for concerts, symphonies, and other musical activities given or sponsored by it. *History: Ord. 42-701* ##### § 17-4 Administration. Balt., Md., Code art. 18, § 17-4 (2026) (a) The Department: (1) shall keep a minute book and other records of its proceedings; and (2) shall have power to adopt and enforce rules and regulations for the management of the Department and the activities conducted by it. (b) A majority of the Board of Recreation and Parks shall constitute a sufficient quorum for the transaction of business. *History: Ord. 42-701* ##### §§ 17-5 to 7-10 Balt., Md., Code art. 18, § 17-5 to 7-10 (2026) Reserved ##### § 17-11 Using name “Municipal Band”, etc. Balt., Md., Code art. 18, § 17-11 (2026) (a) No person, association, or corporation shall hereafter give any musical concert or performance within the City of Baltimore under the name or title: (1) “Municipal Band”; (2) “Baltimore Band”; (3) “City Band”; (4) “Baltimore Symphony Orchestra”; or (5) any similar title which would give the impression that the concert, symphony, or musical performance was being given by or under the auspices of the Mayor and City Council of Baltimore. (b) Any person, association, or corporation violating this section shall be subject to a fine of not less than $5 nor more than $100, to be imposed and collected as other penalties imposed by ordinance. *History: Ord. 18-324* ## Article 19 – Police Ordinances ### Subtitle 1 – Advertising Circulars #### § 1-1 Definitions. Balt., Md., Code art. 19, § 1-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Advertising circular” means any printed or written circular, notice, or other item the predominate purpose of which is: (1) to advertise one or more products, services, or other things for sale, lease, or trade; (2) to direct attention to one or more businesses, commodities, services, events, or other activities for which a fee is charged or solicited; or (3) otherwise to promote activity of a business or commercial nature. (c) “Vehicle” means: (1) any self-propelled vehicle; and (2) any other vehicle required to be registered under the laws of this State. *History: Ord. 87-890* *History: Ord. 06-205* *History: Ord. 22-125* #### § 1-2 Placement prohibited without permission. Balt., Md., Code art. 19, § 1-2 (2026) (a) A person may not affix, place, or cause to be affixed or placed any advertising circular: (1) in or on any vehicle in the City, except with the express permission of the owner or operator of the vehicle; or (2) in or on any residential property in the City (whether in or on a fence, railing, door, porch, lawn, sidewalk, or otherwise), except: (i) with the express permission of the owner or occupant of that property; or (ii) by placing the advertising circular into a door slot or a nonlockable bin consistent with federal law. (b) In a civil proceeding, an advertising circular found on an unattended property or vehicle is presumed to have been placed there without permission unless the person responsible for its placement can affirmatively establish otherwise. *History: Ord. 87-890* *History: Ord. 06-205* *History: Ord. 07-507* *History: Ord. 11-523* #### § 1-3 Persons responsible. Balt., Md., Code art. 19, § 1-3 (2026) (a) The person whose name, event, business, location, or merchandise is advertised on a circular affixed or placed in violation of this subtitle is presumptively responsible for the violation and subject to the penalties imposed under this subtitle. (b) The burden of overcoming the presumption is on the contesting party. *History: Ord. 07-507* #### § 1-4 Enforcement by citation. Balt., Md., Code art. 19, § 1-4 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 06-205* *History: Ord. 07-507* #### § 1-5 Penalties. Balt., Md., Code art. 19, § 1-5 (2026) (a) Any person who violates a provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each advertising circular affixed or placed in violation of this subtitle constitutes a separate offense. *History: Ord. 87-890* *History: Ord. 06-205* *History: Ord. 07-507* ### Subtitle 2 – Assaults on Elderly #### § 2-1 “Elderly individual” defined. Balt., Md., Code art. 19, § 2-1 (2026) “Elderly individual” means any individual who is 65 years or older. *History: Ord. 93-222* *History: Ord. 04-672* #### § 2-2 Enhanced penalties. Balt., Md., Code art. 19, § 2-2 (2026) When a defendant is found guilty of assault or assault and battery on an elderly individual and the defendant is charged under this section: (1) the court shall impose a sentence of 12 months imprisonment; and (2) the court may order restitution for any personal injury or property damage suffered by the elderly individual. *History: Ord. 93-222* ### Subtitle 3 – Body Armor #### § 3-1 Definitions. Balt., Md., Code art. 19, § 3-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Ammunition” means any cartridge, shell, or other device that contains explosive or incendiary material and is designed or intended for use in firearm. (c) “Body armor” means any material or object that is designed to cover or be worn on any part of the body to prevent, deflect, or slow down the penetration of ammunition. (d) “Firearm” includes any pistol, revolver, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or other firearm. *History: Ord. 00-058* *History: Ord. 22-125* #### § 3-2 Prohibited conduct. Balt., Md., Code art. 19, § 3-2 (2026) (a) No person may possess any body armor unless the person is: (1) an adult; and (2) expressly authorized under this subtitle to do so. (b) No person may sell, give, or otherwise transfer, or attempt to sell, give, or otherwise transfer any body armor to: (1) any minor; or (2) except as expressly authorized in this subtitle, any other person. *History: Ord. 00-058* #### § 3-3 Exceptions. Balt., Md., Code art. 19, § 3-3 (2026) This subtitle does not apply to or prevent the possession of body armor by or the sale or other transfer of body armor to: (1) a Federal, State, City, or County law enforcement agency or officer; (2) a sheriff, Deputy Sheriff, or other employee designated by the Sheriff; (3) public safety officers, including fire and emergency medical services; (4) a State’s Attorney, Deputy State’s Attorney, Assistant State’s Attorney, or other employee designated by the State’s Attorney; (5) Special Police Officers commissioned by the State; (6) correctional officers; (7) licensed private detectives; (8) certified security guards; and (9) any other class of public safety personnel designated by the Police Commissioner. *History: Ord. 00-058* #### § 3-4 Authorized possession, transfer, etc. Balt., Md., Code art. 19, § 3-4 (2026) The possession of body armor by and the sale or other transfer of body armor to any person is authorized only if: (1) the person is one of those excepted under § 3-3 of this subtitle; or (2) after a background check, the Police Commissioner certifies that the person: (i) is not a minor; and (ii) has not been previously convicted of: (A) any felony; (B) any offense committed with or while possessing a firearm; or (C) any offense involving the possession, use, or distribution of a controlled dangerous substance. *History: Ord. 00-058* #### § 3-5 Identification required. Balt., Md., Code art. 19, § 3-5 (2026) No person may sell, give, or otherwise transfer or attempt to sell, give, or otherwise transfer any body armor to any individual without first verifying that the individual is authorized under this subtitle to obtain body armor. *History: Ord. 00-058* #### § 3-6 Rules and regulations; fees. Balt., Md., Code art. 19, § 3-6 (2026) (a) The Police Commissioner may adopt rules and regulations to carry out this subtitle. (b) The Police Commissioner may establish and impose reasonable fees for undertaking a background check under this subtitle. *History: Ord. 00-058* #### § 3-7 Penalties. Balt., Md., Code art. 19, § 3-7 (2026) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $1,000 or imprisonment for 1 year or both. *History: Ord. 00-058* ### Subtitle 4 – Body Studios #### § 4-1 “Body studio” defined. Balt., Md., Code art. 19, § 4-1 (2026) (a) A “body studio” is any premises upon which is furnished for a fee or charge or other like consideration the opportunity: (1) to paint, massage, feel, handle, or touch the unclothed body or an unclothed portion of the body of another person; (2) to be so painted, massaged, felt, handled, or touched by another person; or (3) to observe, view, or photograph any such activity. (b) “Body studio” shall include any such premises: (1) which is advertised or represented in any manner whatsoever as a “body painting studio”, “model studio”, “art studio”, “sensitivity awareness studio”, or any other expression or characterization which conveys the same or similar meaning; and (2) which leads to the reasonable belief that there will be furnished on such premises for a fee or charge or other like consideration the opportunity: (i) to paint, massage, feel, handle, or touch the unclothed body or an unclothed portion of the body of another person; (ii) to be so painted, massaged, felt, handled, or touched by another person; or (iii) to observe, view, or photograph any such activity. *History: Ord. 76-164* #### § 4-2 Exceptions. Balt., Md., Code art. 19, § 4-2 (2026) The term body studio shall not be construed to mean: (1) premises licensed as a massage parlor under Article 15 of the City Code; (2) weight control salons; (3) medical facilities duly licensed by the State of Maryland; (4) training facilities of any duly constituted athletic team; (5) educational institutions accredited by the State Department of Education; (6) any bona fide health spa or health club: (i) offering or providing massages solely incidental to the furnishing of facilities for and instruction in physical fitness; and (ii) actually occupying premises of not less than 3,000 square feet, of which not more than 10% is used for massages; or (7) any corporation or association which: (i) is organized and operated exclusively for social or athletic purposes; (ii) offers or provides massages solely incidental to the furnishing of facilities for such purposes; and (iii) actually occupies premises of not less than 3,000 square feet, of which area not more than 10% is used for massages. *History: Ord. 76-164* #### § 4-3 Body studios prohibited. Balt., Md., Code art. 19, § 4-3 (2026) It is unlawful for any person: (1) to operate, conduct, or maintain a body studio; (2) to knowingly conduct any business related thereto on the premises of a body studio; or (3) to knowingly be employed on such premises. *History: Ord. 76-164* #### § 4-4 Penalties. Balt., Md., Code art. 19, § 4-4 (2026) (a) Any person, firm, or corporation violating the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500. (b) If any violation be continuing, each day’s violation shall be deemed a separate violation. *History: Ord. 76-164* ### Subtitle 5 – Burglar Alarms - False Alarms #### § 5-1 Scope of subtitle. Balt., Md., Code art. 19, § 5-1 (2026) This section shall not apply to an accidental setting off of an intrusion detection device by the owner of such device or by his employee or agent. *History: Ord. 69-534* #### § 5-2 Prohibited conduct. Balt., Md., Code art. 19, § 5-2 (2026) It shall be unlawful for any person or persons to knowingly set off or cause to be set off any intrusion detection device or burglar alarm on the premises of another. *History: Ord. 69-534* #### § 5-3 Penalties. Balt., Md., Code art. 19, § 5-3 (2026) Any person violating the provisions of this subtitle shall be guilty of a misdemeanor and any person convicted thereof shall be subject to a fine of not more than $500 or to imprisonment for not more than 12 months or to both such fine and imprisonment at the discretion of the court. *History: Ord. 69-534* ### Subtitle 6 – Burglar Alarms - Public Nuisance Alarms #### § 6-1 Definitions. Balt., Md., Code art. 19, § 6-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Alarm system” means a burglary or robbery alarm system. (c) “Audible alarm system” means any alarm system with an audible annunciator, such as a horn, bell, or siren. (d) (1) “Public nuisance alarm” means an audible alarm system that sounds continuously for more than 15 minutes. (2) “Public nuisance alarm” does not include an audible alarm system installed in a motor vehicle. *History: Ord. 97-211* *History: Ord. 02-329* *History: Ord. 22-125* #### § 6-2 Public nuisance alarm prohibited. Balt., Md., Code art. 19, § 6-2 (2026) A person may not allow a public nuisance alarm to be maintained on any property owned or occupied by that person. *History: Ord. 97-211* #### § 6-3 Procedures. Balt., Md., Code art. 19, § 6-3 (2026) (a) Whenever a public nuisance alarm exists, the Police Commissioner shall make a reasonable attempt to notify the person owning, occupying, or leasing the property where the nuisance exists. (b) (1) If the notification attempt fails, the Commissioner may request from a court of appropriate jurisdiction an order to enter and abate the nuisance. (2) On issuance of the order, the Commissioner may use any reasonable means and enlist any reasonable assistance to enter the property and silence the alarm. The Commissioner shall take reasonable measures to secure the property after entry and abatement are completed. (3) After entering the premises to abate the nuisance, the Commissioner shall leave behind, in a conspicuous place, a notice to the owner, occupant, or lessee advising of the violation of this section, the penalty, and a telephone number to call for further information. *History: Ord. 97-211* #### § 6-4 Penalties. Balt., Md., Code art. 19, § 6-4 (2026) A person who violates § 6-2 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not less than $50 and not more than $500 for each offense. *History: Ord. 97-211* *History: Ord. 02-329* ### Subtitle 7 – Burglar Alarms - Vehicle Alarms #### § 7-1 Definitions. Balt., Md., Code art. 19, § 7-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Audible status indicator” means any sound reproduction device on a vehicle that emits a continuous or near continuous sound for the purpose of: (1) warning that a vehicle alarm system has been installed on the vehicle and is operational; or (2) creating the appearance that an alarm system has been installed and is operational. (c) “Vehicle alarm system” means an alarm system that is attached to a vehicle and has an audible noise annunciator, such as a horn, bell, or siren. *History: Ord. 98-263* #### § 7-2 Prohibited devices. Balt., Md., Code art. 19, § 7-2 (2026) (a) The owner, lessee, or operator of a vehicle may not have in operation any audible status indicator. (b) The owner, lessee, or operator of a vehicle may not have in operation any vehicle alarm system that is capable of being activated other than by: (1) direct physical contact with the vehicle; or (2) the use of an individual remote activation device that is designed to be used with the alarm system of the vehicle. (c) The owner, lessee, or operator of a vehicle may not have in operation any vehicle alarm system unless the system: (1) automatically terminates its audible response within 3 minutes of being activated; and (2) will not be reactivated other than by one of the methods specified in subsection (b) of this section. *History: Ord. 98-263* #### § 7-3 Impounding vehicle. Balt., Md., Code art. 19, § 7-3 (2026) (a) If the vehicle is parked on a public street or in a parking lot open to the public and all reasonable and necessary steps to locate the owner or operator have been taken without success, the police officer may arrange for the removal and impoundment of the vehicle. (b) The owner of a vehicle removed and impounded under this section: (1) may retrieve the vehicle as provided in Article 31, § 31-46 of the City Code; and (2) must be given an opportunity for a hearing, as set out in Article 31, § 31-43 of the City Code, to determine whether there was a basis for the removal and impoundment. *History: Ord. 98-263* #### § 7-4 Civil penalties. Balt., Md., Code art. 19, § 7-4 (2026) (a) A person who violates any provision of this subtitle is subject to a civil penalty of $100 for each offense, in addition to any towing and storage charges. (b) (1) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (i) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (ii) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (2) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 98-263* *History: Ord. 99-548* *History: Ord. 03-595* ### Subtitle 8 – Burglar Alarms - Registration and Regulation #### § 8-1 Definitions. Balt., Md., Code art. 19, § 8-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Alarm system” means a device or series of devices that emits, transmits, or relays: (i) an audible, visual, or electronic alarm signal that is electronically programmed to cause contact with or summon police; or (ii) an audible or visual alarm signal that is intended to elicit a police response at the alarm system user’s property when activated. (2) “Alarm system” does not include: (i) telephone lines used to carry alarm signals; or (ii) any device installed in a vehicle, as defined in the Maryland Vehicle Law. (c) “Commissioner” means the Housing Commissioner of Baltimore City or the Commissioner’s designee. (d) “Contractor” means any person engaged in the business of installing, maintaining, altering, inspecting, administering, selling, or servicing alarm systems. (e) (1) “False alarm” means any alarm system signal: (i) that results in a police response to the user’s property; and (ii) for which no evidence is found, after reasonable investigation, of any criminal activity, property damage, or medical emergency that would justify a police response. (2) “False alarm” does not include: (i) an alarm signal that is cancelled by the monitor before a responding police officer arrives at the alarm location; (ii) an alarm signal that occurs within 30 days of the original installation of the alarm system; or (iii) an alarm signal from a medical alert device. (f) “Hold-up alarm” means a silent alarm system that is manually activated to signal a robbery in progress. (g) “Monitor” means any person engaged in the business of monitoring alarm systems for the purpose of reporting an alarm system’s activation to the Police Department. (h) “Panic alarm” means an alarm system that is activated by an individual on or near the premises to alert others that a robbery or other crime is in progress. (i) (1) “User” means, except as specified in paragraph (2) of this subsection: (i) the owner or lessee of any alarm system; (ii) the owner or lessee of any dwelling unit, place of business, or other premises that has been equipped with an alarm system; or (iii) any other person that uses an alarm system. (2) “User” does not include: (i) the owner or manager of a multi-tenant building with respect to any alarm system that is used solely by a tenant of that building; or (ii) a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 00-069* *History: Ord. 02-329* *History: Ord. 12-061* *History: Ord. 22-125* #### § 8-2 Rules and regulations. Balt., Md., Code art. 19, § 8-2 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner must adopt and enforce rules and regulations to carry out this subtitle. (b) The Commissioner’s rules and regulations shall include: (1) the form of application for and required information to be given for registrations, renewals of registration, notifications, and reports required under this subtitle; (2) subject to the approval of the Board of Estimates, reasonable fees for registrations, renewals of registration, and reinstatements of revoked registration under this subtitle; (3) criteria for revoking any registration required by this subtitle, which criteria may include: (i) the failure to pay any fine, false alarm fee, or other fee imposed under this subtitle; or (ii) any other violation of this subtitle or of any rule or regulation adopted under it; (4) criteria for reinstating registration after revocation; (5) procedures for filing and hearing administrative appeals under this subtitle; and (6) procedures for police responses to an alarm location. *History: Ord. 00-069* *History: Ord. 02-329* *History: Text Conformed 02/21/21* #### § 8-3 Registration – Contractors. Balt., Md., Code art. 19, § 8-3 (2026) (a) An alarm system contractor must register with the Commissioner before undertaking to install, maintain, alter, inspect, administer, sell, or service any alarm system in Baltimore City. (b) An alarm system contractor must keep its registration with the Commissioner current by, within 10 days of the undertaking, reporting to the commissioner, on a form approved by the Commissioner, whenever it undertakes to install, maintain, alter, inspect, administer, sell, or service any alarm system in Baltimore City. (c) For purposes of the penalties imposed by this subtitle, each event that violates this section constitutes a separate offense. *History: Ord. 00-069* *History: Ord. 02-329* *History: Ord. 12-061* #### § 8-4 Registration – Monitors. Balt., Md., Code art. 19, § 8-4 (2026) (a) An alarm system monitor must register with the Commissioner before undertaking to monitor any alarm system in Baltimore City. (b) An alarm system monitor must keep its registration with the Commissioner current by, within 10 days of the undertaking, reporting to the commissioner, on a form approved by the Commissioner, whenever it undertakes to monitor any alarm system in Baltimore City. (c) For purposes of the penalties imposed by this subtitle, each contract by an unregistered alarm system monitor on behalf of an alarm system user constitutes a separate offense. *History: Ord. 00-069* *History: Ord. 12-061* #### § 8-5 Registration – Users. Balt., Md., Code art. 19, § 8-5 (2026) (a) An alarm system user must: (1) register with the Commissioner within 10 days of activating an alarm system; and (2) update the registration, within 10 days of any change, if any information the Commissioner requires on the registration form changes after the registration is filed. (b) For purposes of the penalties imposed by this subtitle, each event that violates this section constitutes a separate offense. (c) A user may not be charged any fees for registrations or renewals of registrations required by this section. *History: Ord. 00-069* *History: Ord. 12-061* #### § 8-6 Notices and reports. Balt., Md., Code art. 19, § 8-6 (2026) (a) (1) Any person who sells or leases alarm systems must post conspicuously in that person’s place of business notice of a user’s obligation to register under this subtitle. (2) Any person who sells or leases alarm systems must provide printed notice to the user, before the user takes possession of the system, of: (i) the user’s obligation to register under this subtitle; and (ii) the contact information provided by the Commissioner for the office where the user can register the alarm system. (3) The wording, size, and placement of the notices required by this subsection must comply with the rules and regulations adopted by the Commissioner under this subtitle. (b) (1) If the person selling or leasing an alarm system is not under contract to monitor that system, the person must report the transaction to the Commissioner. (2) This report must: (i) be made within 10 days of the sale or lease; and (ii) contain: (A) the user’s name, address, and telephone number; (B) the make and model of the system; and (C) any other information that the Commissioner requires. (c) (1) Each monitor doing business in the City must provide the Commissioner with a monthly report of all users in the City to whom the monitor is then providing services. (2) Each monitor doing business in the City must provide the Commissioner with additional updated reports of all users in the City to whom the monitor is then providing services upon the Commissioner’s request. (3) These reports must: (i) be made at the time the Commissioner requires; and (ii) be in the format, and contain the information, that the Commissioner requires. *History: Ord. 00-069* *History: Ord. 02-329* *History: Ord. 12-061* #### § 8-7 Unregistered users. Balt., Md., Code art. 19, § 8-7 (2026) (a) (1) It is unlawful for an alarm service to be unregistered. (2) It is unlawful for the alarm system of any unregistered user to cause contact with or summon City police. (3) For purposes of the penalties imposed by this subtitle, each event that causes contact with or summons police constitutes a separate offense. (b) Any alarm monitor who detects an alarm system activation from an unregistered alarm system user or location must: (1) report the activation to the Police Department in the normal manner; and (2) report the unregistered user or location to the Commissioner, in the manner the Commissioner requires. *History: Ord. 00-069* *History: Ord. 02-329* *History: Ord. 12-061* #### § 8-8 False alarm fees. Balt., Md., Code art. 19, § 8-8 (2026) (a) (1) The user of an alarm system is responsible for payment to the City of the false alarm fees imposed under this section. Failure to pay a false alarm fee or any attendant late fee within 60 days of imposition is a violation of this subtitle. (2) For purposes of this section, 2 or more false alarms that occur within the same calendar day as a result of a single event are considered a single false alarm. (b) After 1 false alarm in any 12-month period, a false alarm fee is imposed on any residential user for each false alarm, based on the following schedule:
False alarms within 12-month period Fee
2nd or 3rd $75
4th $150
5th $250
(c) After 1 false alarm in any 12-month period, a false alarm fee is imposed on any non-residential user for each false alarm, based on the following schedule:
False alarms within 12-month period Fee
2nd or 3rd $150
4th $300
5th $500
(d) (1) The Commissioner must waive 1 false alarm fee if the alarm system user: (i) has the alarm system inspected by a registered contractor or monitor; and (ii) obtains from the contractor or monitor a certification that the alarm system has been inspected and is functioning properly. (2) If a false alarm fee is waived under this subsection and the user is subject to a subsequent false alarm fee, that subsequent fee will be assessed as if the previous fee had not been waived. (e) (1) The Commissioner may assess a late fee of $25 for any false alarm fee that is not paid: (i) within 30 days of the Commissioner’s notice that the false alarm fee has been imposed; or (ii) if a timely appeal has been made, within 30 days of the final decision in that appeal. (2) If the false alarm or late fee is not paid within 10 business days of the Commissioner’s notice that the late fee has been imposed, the Commissioner may place the user’s alarm system on no-response status, as provided in § 8-9 {“No-response status”} of this subtitle. (f) (1) After a second false alarm within any 12-month period, the Commissioner must send a warning notice by certified mail, return receipt requested, to the user, with a copy by regular mail to the monitor. (2) The notice must state that: (i) a second false alarm has occurred; (ii) if a total of 5 false alarms occur within the same 12-month period, the user’s alarm system will be placed on no-response status, as provided in § 8-9 {“No-response status”} of this subtitle; and (iii) reinstatement may only be obtained on written application to the Commissioner. *History: Ord. 00-069* *History: Ord. 02-329* *History: Ord. 12-061* *History: Ord. 13-111* *History: * #### § 8-9 No-response status. Balt., Md., Code art. 19, § 8-9 (2026) (a) In this section, “no-response status” means that, except for a hold-up alarm or a panic alarm, police will not be dispatched to investigate an alarm signal (b) (1) An alarm system will be placed on no-response status if, after a warning notice has been sent pursuant to § 8-8(f) of this subtitle, the alarm system has had 5 or more false alarms in any 12-month period. (2) The Commissioner may reinstate the alarm system only if: (i) the user applies in writing for reinstatement; and (ii) the Commissioner finds that the alarm system has been repaired, upgraded, or replaced and the cause of the false alarms corrected. (c) The Commissioner may place an alarm system on no-response status if: (1) the alarm system user has made any false statement of material fact in the user’s registration application; (2) the user’s registration is revoked; or (3) the user fails to pay timely any fee imposed under § 8-8 {“False alarm fees”} of this subtitle. *History: Ord. 02-329* *History: * #### § 8-10 Automatic dialers prohibited. Balt., Md., Code art. 19, § 8-10 (2026) No contractor, monitor, or user may install, operate, or maintain any device that, on activation of an alarm system, automatically sends a pre-recorded message or a coded signal to the Police Department or other City office. *History: Ord. 02-329* #### § 8-11 Verification of alarm signal. Balt., Md., Code art. 19, § 8-11 (2026) (a) This section does not apply to a hold-up alarm or panic alarm. (b) (1) Before requesting a police response to an alarm signal, a monitor must attempt to contact the alarm system site or user, by telephone, electronically, or visually, to verify the need for a police response. (2) For the purpose of this section, verification shall require, at a minimum, that a second attempt be made to a different number if the first attempt fails to reach an alarm user or an individual at the alarm system site who can properly identify themselves to determine whether an alarm signal is valid before requesting a police response. *History: Ord. 02-329* *History: * #### §§ 8-12 to 8-15 Balt., Md., Code art. 19, § 8-12 to 8-15 (2026) Reserved #### § 8-16 Administrative and judicial review. Balt., Md., Code art. 19, § 8-16 (2026) (a) (1) A user against whom the Commissioner has assessed a fee under § 8-8 {“False alarm fees”} of this subtitle may appeal in writing to the Board of Municipal and Zoning Appeals. (2) On good cause shown, the Board may waive the fee. (b) (1) A person whose registration has been revoked under this subtitle may appeal in writing to the Board of Municipal and Zoning Appeals. (2) On good cause shown, the Board may rescind the revocation. (c) (1) A person aggrieved by a decision of the Board of Municipal and Zoning Appeals under this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 00-069* *History: Ord. 02-329* *History: Ord. 04-672* #### § 8-17 Enforcement by citation. Balt., Md., Code art. 19, § 8-17 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 00-069* *History: Ord. 02-329* *History: Ord. 03-595* #### § 8-18 Criminal penalties. Balt., Md., Code art. 19, § 8-18 (2026) (a) Any unregistered user of an unmonitored system that causes contact with or summons City police is guilty of a misdemeanor and, on conviction, is subject to a fine of $500 for each offense. (b) Any contractor, monitor, or other person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $1,000 for each offense. *History: Ord. 00-069* *History: Ord. 02-329* ### Subtitle 9 – Chemically Treated Paper #### § 9-1 “Chemically treated paper” defined. Balt., Md., Code art. 19, § 9-1 (2026) For the purposes of this subtitle, “chemically treated paper” is paper which: (1) has been treated with celluloid and nitrate, or with other substances or chemicals to give it a high combustibility; (2) has been treated with substances or chemicals to give it a high solubility; or (3) has been treated with substances or chemicals to give it a quick disposability. *History: Ord. 79-1191* #### § 9-2 Sale or possession prohibited. Balt., Md., Code art. 19, § 9-2 (2026) It shall be unlawful for any person to sell, use, or possess chemically treated paper, except magicians or other entertainers or their suppliers who have a lawful business purpose for the sale, use, or possession of such paper. *History: Ord. 79-1191* #### § 9-3 Record keeping. Balt., Md., Code art. 19, § 9-3 (2026) (a) (1) No dealer shall sell or transfer any chemically treated paper unless such dealer: (i) shall maintain complete and accurate record of all stock of such paper in hand; and (ii) shall maintain complete and accurate record of all such stock sold or transferred, to include: (A) the verified name and address of the purchaser or transferee; (B) the amount of such paper sold or transferred; (C) the purpose for which such paper was procured; and (D) the signature of the purchaser or transferee or his authorized agent. (2) Thereafter, such record shall be maintained for 3 years. (b) (1) Any person who purchases or receives any chemically treated paper shall maintain complete and accurate record of all such paper purchased or received, to include: (i) the name of the dealer or supplier; (ii) the date of purchase or transfer; (iii) the amount of such paper supplied; and (iv) the specific purpose for which such paper was obtained. (2) Thereafter such record shall be maintained for 3 years. *History: Ord. 79-1191* #### § 9-4 Penalties. Balt., Md., Code art. 19, § 9-4 (2026) Any person who violates this subtitle, upon conviction, is guilty of a misdemeanor and subject to a fine of no more than $250 or to imprisonment for not more than 1 year, or to both the fine and imprisonment in the discretion of the court. *History: Ord. 79-1191* ### Subtitle 10 – Criminal Street Gangs #### § 10-1 Definitions. Balt., Md., Code art. 19, § 10-1 (2026) (a) “Criminal street gang” means any ongoing organization, association, or group of 3 or more persons, whether formal or informal: (1) having as one of its primary activities the commission of 1 or more of the criminal acts enumerated in subsection (b); (2) having a common name or common identifying sign or symbol; and (3) comprised of members who individually or collectively engage in or have engaged in a pattern of criminal gang activity. (b) “Pattern of criminal gang activity” means the commission or attempted commission of, or solicitation for, 2 or more of the following offenses within a period of 3 years, provided that the more recent commission or solicitation occurred after July 29, 1995: (1) assault with intent to murder, ravish, or rob; (2) robbery; (3) murder or manslaughter; (4) the sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled dangerous substances; (5) unlawful wearing, carrying, or transporting a handgun; or (6) arson. *History: Ord. 95-586* #### § 10-2 Prohibited conduct. Balt., Md., Code art. 19, § 10-2 (2026) It is unlawful for any person: (1) to participate actively in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity; and (2) to willfully promote, further, or assist in any felonious criminal conduct by members of that gang. *History: Ord. 95-586* #### § 10-3 Penalties. Balt., Md., Code art. 19, § 10-3 (2026) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, is subject to a fine of not more than $1,000 or imprisonment in jail for not more than 1 year, or to both fine and imprisonment, in the discretion of the court. *History: Ord. 95-586* ### Subtitle 11 – Criminal Tools #### § 11-1 Definitions. Balt., Md., Code art. 19, § 11-1 (2026) (a) For the purpose of this subtitle, the following terms, phrases, words, and their derivation shall have the meaning given herein. (b) “Detached ignition device” means any ignition cylinder capable of completing the electrical circuit in the ignition system of an automobile. (c) “Jumper wire device” means any electrical connecting device designed to complete the electrical circuit in the ignition of an automobile. (d) “Key cutter” means key-making device capable of cutting or punching out keys. (e) “Slidehammer”, “slaphammer”, or “dent-puller” means a device with a moveable weighted sleeve on a rod used to remove automobile locks. (f) “Slim-jim” means a device for unlocking car doors. *History: Ord. 74-769* *History: Ord. 85-378* *History: Ord. 22-125* #### § 11-2 Possession to commit crime prohibited. Balt., Md., Code art. 19, § 11-2 (2026) No person shall knowingly possess or have under his control any device, instrument, or article listed herein, with purpose to do any unlawful act: (1) detached ignition switch; (2) jumper wire device; (3) key cutter; (4) slidehammer; (5) slim-jim; or (6) any other device, instrument, or article commonly used, designed, or specially adapted for criminal use. *History: Ord. 74-769* *History: Ord. 85-378* #### § 11-3 Sale, etc., to minors prohibited. Balt., Md., Code art. 19, § 11-3 (2026) A person may not give, sell, rent, or offer for sale any of the following devices to any minor child who is known to be under the age of 18: (1) detached ignition switch; (2) jumper wire device; (3) key cutter; (4) slidehammer; (5) slim-jim; or (6) other device, instrument, or article commonly used, designed, or specially adapted for criminal use. *History: Ord. 85-378* #### § 11-4 Record keeping. Balt., Md., Code art. 19, § 11-4 (2026) (a) Every person who sells, rents, or lends the devices listed in this subtitle shall keep at his place of business a book in which shall be legibly written, in English, at the time of each transaction in the course of his business: (1) an accurate description of the device sold, rented, or lent; and (2) the name, residence, and description of the person buying, renting, or borrowing the device. (b) The description of the person shall consist of the color, sex, approximate height, age, and any distinguishing feature of such person. *History: Ord. 85-378* #### § 11-5 Recipient to give true information. Balt., Md., Code art. 19, § 11-5 (2026) No person who purchases, receives, or accepts said regulated tools shall fail or refuse to give his true name, correct age, and correct address. *History: Ord. 85-378* #### § 11-6 Penalties. Balt., Md., Code art. 19, § 11-6 (2026) Any person violating the provisions of this subtitle is guilty of a misdemeanor and, upon the conviction thereof, shall be fined not more than $500 or imprisoned for not more than 6 months, or both. *History: Ord. 85-378* ### Subtitle 12 ### Subtitle 13 – Disorderly Drinking #### § 13-1 Prohibited conduct - in general. Balt., Md., Code art. 19, § 13-1 (2026) A person may not: (1) be intoxicated and endanger the safety of another person or property; or (2) be intoxicated or drink any alcoholic beverage in a public place and cause a public disturbance. *History: Ord. 90-615* #### § 13-2 Prohibited conduct - parents or guardians of minors. Balt., Md., Code art. 19, § 13-2 (2026) A parent or guardian shall not knowingly permit a minor for whom the parent or guardian has responsibility to violate the provisions of this subtitle. *History: Ord. 90-615* #### § 13-3 Enforcement - adult offenders. Balt., Md., Code art. 19, § 13-3 (2026) (a) A police officer who finds any person 18 years of age or older violating this subtitle may issue such person a citation to appear in court for trial. (b) The officer is not required to take the person into physical custody for the violation unless: (1) the person charged does not furnish satisfactory evidence of identity; or (2) the officer has reasonable grounds to believe the person charged will disregard a written promise to appear. *History: Ord. 90-615* #### § 13-4 Enforcement - minors. Balt., Md., Code art. 19, § 13-4 (2026) (a) A police officer who finds any person under 18 years of age violating this subtitle shall order the person to cease and desist. (b) (1) Any person under 18 years of age who fails to comply with such order: (i) may be taken into custody; and (ii) after the information necessary to carry out the purposes of this subtitle has been recorded, shall be promptly released to his or her parent or guardian with written notice of said violation. (2) The released person shall be referred to the Baltimore City Police Department’s court-sanctioned pre-intake adjustment program. *History: Ord. 90-615* #### § 13-4.1 Enforcement – citation. Balt., Md., Code art. 19, § 13-4.1 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-595* #### § 13-5 Penalties. Balt., Md., Code art. 19, § 13-5 (2026) (a) Any person who violates the provisions of this subtitle is guilty of a misdemeanor and upon conviction is subject to the penalties specified below. (b) Any parent or guardian who violates § 13-2 of this subtitle after having received written notice of his or her child or ward having committed a violation of this subtitle within the preceding 12 months may be issued a citation to appear in court for trial and is subject to a fine of $50 for each offense. (c) Any person 18 years of age or older who violates a provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. *History: Ord. 90-615* *History: Ord. 10-340* ### Subtitle 14 – Drinking in Public Places #### § 14-1 Exemptions from subtitle. Balt., Md., Code art. 19, § 14-1 (2026) (a) This subtitle shall not be applicable: (1) to the drinking or consumption of any alcoholic beverage by an owner or lessee of property or the guest of either, on the property owned or leased; nor (2) to the drinking or consumption of any alcoholic beverage on any premises licensed under Article 2B of the Annotated Code for the sale or consumption of alcoholic beverages. (b) Drinking in public parks and public buildings and on public ground may be allowed subject to the terms of a permit therefor issued by the City agency having jurisdiction over the park, building, or ground. *History: Ord. 64-352* *History: Ord. 78-822* *History: Ord. 79-990* #### § 14-2 Prohibited conduct - in general. Balt., Md., Code art. 19, § 14-2 (2026) (a) It is unlawful for any person to drink or consume any alcoholic beverage (as that term is defined from time to time in Article 2B of the Annotated Code of Maryland) or to possess in an open container any alcoholic beverage, in or on any public street, avenue, alley, lane, sidewalk, park, building, or ground in this City. (b) This section shall be applicable to drinking or consumption of alcoholic beverages in or on any Class A {passenger} or Class D {motorcycle} or Class M {multipurpose} vehicle (as these classes of vehicles are designated from time to time in the State Transportation Article). *History: Ord. 64-352* *History: Ord. 78-822* *History: Ord. 79-990* #### § 14-3 Prohibited conduct - parents or guardians of minors. Balt., Md., Code art. 19, § 14-3 (2026) A parent or guardian shall not knowingly permit a minor under the age of 18 years for whom the parent or guardian has responsibility to violate the provisions of this subtitle. *History: Ord. 90-615* #### § 14-4 Enforcement - by citation. Balt., Md., Code art. 19, § 14-4 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 90-615* *History: Ord. 99-548* *History: Ord. 03-595* #### § 14-5 Enforcement - minors. Balt., Md., Code art. 19, § 14-5 (2026) (a) A police officer who finds any person under 18 years of age violating this subtitle shall order the person to cease and desist. (b) (1) Any person under 18 years of age who fails to comply with such order: (i) may be taken into custody; and (ii) after the information necessary to carry out the purposes of this subtitle has been recorded, shall be promptly released to his or her parent or guardian with written notice of said violation. (2) The released person shall be referred to the Baltimore City Police Department’s court-sanctioned pre-intake adjustment program. *History: Ord. 90-615* #### § 14-6 Penalties. Balt., Md., Code art. 19, § 14-6 (2026) (a) Any person who violates the provisions of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified below. (b) Any parent or guardian who violates § 14-3 of this subtitle after having received written notice of his or her child or ward having committed a violation of this subtitle within the preceding 12 months may receive a citation and is subject to a fine of $50 for each offense. (c) Any person 18 years of age or older who violates a provision of this subtitle is guilty of a misdemeanor and, on conviction, subject to a fine of not more than $1,000 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. *History: Ord. 64-352* *History: Ord. 78-822* *History: Ord. 79-990.* *History: Ord. 90-615* *History: Ord. 10-340* ### Subtitle 15 – Drugs - Codeine and Opium Derivatives #### § 15-1 Scope of subtitle. Balt., Md., Code art. 19, § 15-1 (2026) Opium or derivatives thereof shall include codeine and any compound, manufacture, salt, derivative, mixture, or preparation of opium, natural or synthetic. *History: Ord. 69-524* #### § 15-2 Sale without prescription prohibited. Balt., Md., Code art. 19, § 15-2 (2026) (a) It shall be unlawful for any person to sell, dispense, or give away any preparation containing opium except upon a valid prescription of a physician, dentist, or veterinarian. (b) Exempt from this prohibition are: (1) sales made to registered practitioners of pharmacy, medicine, dentistry, or veterinary medicine; or (2) sales made by any manufacturer, wholesale druggist, or licensed pharmacist to a hospital or institution operating a dispensary in which a practitioner licensed by law to administer dangerous drugs is in charge. *History: Ord. 69-524* #### § 15-3 Possession without prescription prohibited. Balt., Md., Code art. 19, § 15-3 (2026) It shall be unlawful for any person to possess or have under his control, except where such is in the regular course of business, occupation, profession, employment, or duty of such person, any preparation containing opium, unless such person obtained such drug on prescription of a physician, dentist, or veterinarian. *History: Ord. 69-524* #### § 15-4 Penalties. Balt., Md., Code art. 19, § 15-4 (2026) Any person who violates the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof: (1) shall be fined not less than $100 nor more than $250 for the 1st offense; and (2) if convicted a 2nd time for a violation of this subtitle, the person or persons so offending shall be fined a sum not less than $250 nor more than $500; and (3) in case of being convicted more than twice for a violation of this subtitle, such person or persons shall be subject to a fine of not less than $500 nor more than $500 or to imprisonment for not more than 180 days, or to both such fine and imprisonment, in the discretion of the court. *History: Ord. 69-524* ### Subtitle 16 – Drugs - LSD #### § 16-1 “LSD” defined. Balt., Md., Code art. 19, § 16-1 (2026) The drug or compound herein referred to as “LSD” means: (1) the drug or compound described as “d-Lysergic acid diethylamide” or “7-methyl-indolo [4, 3-fg] quinoline-9-carboxylic acid”; and (2) any other similar or comparable drug or compound. *History: Ord. 66-863* #### § 16-2 Prohibited conduct. Balt., Md., Code art. 19, § 16-2 (2026) (a) It is unlawful for any person to sell, barter, or trade, without the certificate of a medical physician, the drug or compound known generally as LSD. (b) It is unlawful for any person to have in his possession, unless for purposes of scientific research, the drug or compound known generally as LSD. (c) It is unlawful for any person to manufacture, make, or compound the drug or compound known generally as LSD. (d) It is unlawful for any person to administer to himself or take internally the drug or compound known generally as LSD, unless under the direction and control of a medical physician. *History: Ord. 66-863* #### § 16-3 Penalties. Balt., Md., Code art. 19, § 16-3 (2026) (a) Any person violating any of the provisions of this subtitle is guilty of a misdemeanor. (b) Upon conviction of a violation of § 16-2(a), (b), or (c), he is subject to a fine not in excess of $500 or to imprisonment not in excess of 1 year, or to both fine and imprisonment in the discretion of the court. (c) For a violation of the provisions of § 16-2(d), he shall be subject to a fine not to exceed $100. *History: Ord. 66-863* ### Subtitle 17 – Drugs - Paraphernalia #### § 17-1 Definitions. Balt., Md., Code art. 19, § 17-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Controlled dangerous substance” has the meaning stated in § 5-101 of the State Criminal Law Article. (c) “Deliver” means to make an actual, constructive, or attempted transfer or exchange from one person to another, whether or not remuneration is paid or an agency relationship exists. (d) “Possess” means to exercise actual or constructive dominion or control over a thing by one or more persons. *History: Ord. 03-620* *History: Ord. 22-125* #### § 17-2 Use or possession prohibited. Balt., Md., Code art. 19, § 17-2 (2026) A person may not use or possess with intent to use any of the following to manufacture, process, prepare, package, repackage, store, contain, or conceal or to ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance in violation of the Maryland Controlled Dangerous Substances Act: (1) any small glassine or plastic bag, glass or plastic vial, or other container that holds less than ⅛ of an ounce and is designed or intended for use in packaging controlled dangerous substances; or (2) any metal, wood, acrylic, glass, stone, plastic, ceramic, or other pipe, tube, or other device that is designed or intended for use in smoking or otherwise inhaling a controlled dangerous substance. *History: Ord. 92-129* *History: Ord. 03-620* #### § 17-3 Sale or delivery prohibited – In general. Balt., Md., Code art. 19, § 17-3 (2026) A person may not sell or deliver or possess with the intent to sell or deliver any of the following knowing or under circumstances where one reasonably should know that it will be used to manufacture, process, prepare, package, repackage, store, contain, or conceal or to ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance in violation of the Maryland Controlled Dangerous Substances Act: (1) any small glassine or plastic bag, glass or plastic vial, or other container that holds less than ⅛ of an ounce and is designed or intended for use in packaging controlled dangerous substances; or (2) any metal, wood, acrylic, glass, stone, plastic, ceramic, or other pipe, tube, or other device that is designed or intended for use in smoking or otherwise inhaling a controlled dangerous substance. *History: Ord. 92-129* *History: Ord. 03-620* #### § 17-4 Sale or delivery prohibited – Minors. Balt., Md., Code art. 19, § 17-4 (2026) (a) A person who is 18 years old or older may not sell or deliver an object prohibited by this subtitle to a minor who is at least 3 years younger than that person. (b) A violation of this section is punishable as a separate offense. *History: Ord. 03-620* #### § 17-5 Advertising prohibited. Balt., Md., Code art. 19, § 17-5 (2026) A person may not advertise in any newspaper, magazine, handbill, poster, sign, mailing, or other writing or publication, knowing or under circumstances where one should reasonably know that the purpose of the advertisement, in whole or in part, is to promote the use, sale, or delivery of any object prohibited by this subtitle. *History: Ord. 92-129* *History: Ord. 03-620* #### § 17-6 Relevant factors. Balt., Md., Code art. 19, § 17-6 (2026) (a) To determine whether the use, possession, sale, or delivery of an object is prohibited by §§ 17-2 through 17-5 of this subtitle, a court should consider, among other logically relevant factors: (1) any statement by an owner or a person in control of the object concerning its use; (2) any prior conviction of an owner or a person in control of the object under a state or federal law relating to controlled dangerous substances; (3) the proximity of the object, in time and space, to a direct violation of this subtitle or to a controlled dangerous substance; (4) any residue of a controlled dangerous substance on the object; (5) direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another who the owner or person in control knows or should reasonably know, intends to use the object to facilitate a violation of {the} Maryland Controlled Dangerous Substances Act; (6) any instructions, oral or written, provided with the object concerning its use; (7) any descriptive materials accompanying the object that explain or depict its use; (8) national or local advertising concerning the object’s use; (9) the manner in which the object is displayed for sale; (10) whether the owner or a person in control of the object is a licensed distributor or dealer of tobacco products or a legitimate supplier of related items to the community; (11) direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; (12) the existence and scope of legitimate uses for the object in the community; (13) expert testimony concerning the object’s use; and (14) any other verifiable information that indicates that the object is intended or designed for use in violation of law. (b) The innocence of an owner or person in control of the object as to a direct violation of this subtitle does not prevent a finding that the object is intended or designed for use in violation of this subtitle or the Maryland Controlled Dangerous Substances Act. *History: Ord. 92-129* *History: Ord. 03-620* *History: Ord. 15-365* #### § 17-7 Commercial display to minors prohibited. Balt., Md., Code art. 19, § 17-7 (2026) (a) A person may not place any of the following in a window of a commercial establishment: (1) any small glassine or plastic bag, glass or plastic vial, or other container that holds less than ⅛ of an ounce and is designed or intended for use in packaging controlled dangerous substances; or (2) any metal, wood, acrylic, glass, stone, plastic, ceramic, or other pipe, tube, or other device, including cigarette rolling paper, that is: (i) designed or intended for smoking any substance; and (ii) capable of use in smoking or otherwise inhaling a controlled dangerous substance. (b) In any commercial establishment open to minors, any of the following available for sale must be placed behind a sales counter and be inaccessible to minors: (1) any small glassine or plastic bag, glass or plastic vial, or other container that holds less than ⅛ of an ounce and is designed or intended for use in packaging controlled dangerous substances; or (2) any metal, wood, acrylic, glass, stone, plastic, ceramic, or other pipe, tube, or other device, including cigarette rolling paper, that is: (i) designed or intended for smoking any substance; and (ii) capable of use in smoking or otherwise inhaling a controlled dangerous substance. *History: Ord. 15-365* #### §§ 17-8 to 17-9 Balt., Md., Code art. 19, § 17-8 to 17-9 (2026) Reserved #### § 17-10 Penalties. Balt., Md., Code art. 19, § 17-10 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $1,000 or imprisonment for 1 year or both fine and imprisonment. *History: Ord. 92-129* *History: Ord. 03-620* ### Subtitle 18 – Surveillance ### Subtitle 19 – Fraud - Against Restaurant #### § 19-1 Prohibited conduct; penalties. Balt., Md., Code art. 19, § 19-1 (2026) Any person who: (1) obtains any food or other service at any restaurant without paying therefor, except when credit shall have been given by express agreement; (2) obtains credit at any restaurant by any false or fraudulent means or representations; (3) after obtaining food or other service at any restaurant, absconds without paying for such food or other service; or (4) in any other manner defrauds any such restaurant, the proprietor, manager, clerk, cashier, or other person in charge thereof; shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100. *History: Ord. 52-218* ### Subtitle 20 – Fraud - Identification Cards #### § 20-1 Issuance of inaccurate cards. Balt., Md., Code art. 19, § 20-1 (2026) (a) It shall be unlawful for any person, firm, or corporation within the limits of Baltimore City to give, sell, or issue to any person, any form of identification card or paper which purports to give personal information concerning the said person, including such possible items as name, address, employment, and age, as well as physical characteristics of the person, unless the person, firm, or corporation which gives, sells, or issues any such identification card or paper has taken due caution to assure that the information purportedly contained on such identification card or paper is correct. (b) Any person, firm, or corporation which gives, sells, or issues to any person such an identification card or paper, without having taken due caution to assure the correctness of the information contained thereon, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine in an amount not exceeding $100 for each such violation. *History: Ord. 58-1390* #### § 20-2 Use of inaccurate card. Balt., Md., Code art. 19, § 20-2 (2026) Any person who makes use of any such identification card or paper, for which he himself wilfully has provided false information, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to the same penalty. *History: Ord. 58-1390* ### Subtitle 21 – Fraud - Impersonations and False Representations #### § 21-1 Impersonating inspector or other official. Balt., Md., Code art. 19, § 21-1 (2026) It shall be unlawful for any person falsely to represent or imply within the City of Baltimore that he is an inspector or other official or employee of any department, bureau, board, commission, or other agency of the Mayor and City Council of Baltimore *History: Ord. 57-1163* #### § 21-2 Misrepresenting regulated structures, etc. Balt., Md., Code art. 19, § 21-2 (2026) It shall be unlawful for any person wilfully to make a false representation or implication within the City of Baltimore as to the condition, workability, or efficiency of any building, structure, mechanical device, or other thing which is subject in any way to the regulating powers or control of the Mayor and City Council of Baltimore, for the purpose of persuading or inducing the owner or person in control thereof to have made any change, repair, or improvement in the building, structure, mechanical device, or thing. *History: Ord. 57-1163* #### § 21-3 Penalties. Balt., Md., Code art. 19, § 21-3 (2026) Any person, firm, or corporation violating any provision of this subtitle shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding $500, or to imprisonment for a period not exceeding 12 months, or to both such fine and imprisonment, in the discretion of the court. *History: Ord. 57-1163* ### Subtitle 22 – Fraud - Professional Baseball #### § 22-1 Purpose and findings. Balt., Md., Code art. 19, § 22-1 (2026) (a) The purpose of this subtitle is to prohibit the use of non-major league baseball players at Oriole Park at Camden Yards. (b) (1) Oriole Park at Camden Yards was built to provide a place for major league baseball games to be played by the Baltimore Orioles baseball team for the benefit of fans of professional baseball in the Mid-Atlantic area. (2) Oriole Park at Camden Yards was constructed pursuant to funding by the Maryland Stadium Authority and agreements between the Stadium Authority and the City of Baltimore. In addition, state laws impose continuing duties to be performed by the City of Baltimore in conjunction with the operation of the stadium. (3) The operation of the stadium is an economic benefit to the City and the State of Maryland. A total sold-out season means the attendance of 4,600,000 fans in the City of Baltimore. Those fans, between April and October, patronize businesses that provide employment for many citizens in the metropolitan area. (4) These major league baseball fans expect to see major league baseball players playing at Oriole Park at Camden Yards. Any player of less than major league caliber will be unacceptable to fans and will cause a substantial decrease in attendance. (5) The recent position of the Commissioner of Baseball, at the request of the owners of the baseball teams to field non-major league baseball players in place of striking major league baseball players threatens the social and economic stability of the citizens of Baltimore and the Baltimore metropolitan area. The Commissioner’s proposal to withdraw the franchise of any major league baseball team that does not comply further threatens the social and economic stability of the citizens of Baltimore and Baltimore metropolitan area. (6) The City of Baltimore has a vested interest in the operation of Oriole Park and, hence, has the power and authority in the exercise of its police powers to enact laws to protect the safety, health, and welfare of the citizens of Baltimore. *History: Ord. 95-510* #### § 22-2 Prohibited conduct. Balt., Md., Code art. 19, § 22-2 (2026) Major league baseball games shall not be played at Oriole Park at Camden Yards with non-major league baseball players. *History: Ord. 95-510* #### § 22-3 Penalties. Balt., Md., Code art. 19, § 22-3 (2026) (a) Any person who authorizes the playing of a game in violation of this subtitle is guilty of a misdemeanor and, on conviction, is guilty of a misdemeanor and is subject to a fine of not more than $1,000 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 95-510* ### Subtitle 23 – Hate Crimes #### § 23-1 Definitions. Balt., Md., Code art. 19, § 23-1 (2026) (a) In this subtitle, the following terms have the meanings indicated, unless their context clearly indicates otherwise. (b) “Institution” means a publicly or privately owned, leased, or used building, including: (1) a school; (2) a library; (3) a recreation center; (4) a meeting hall; or (5) a cemetery. (c) “Property" means real and personal property and includes the lot, grounds, and premises contiguous with or adjacent to real or personal property. (d) “Religious real property” includes: (1) a church, synagogue, meeting house, mosque, or other place of worship; (2) a cemetery; (3) a religious school, educational facility, community center, structure, or other real property used for any religious purpose; and (4) the lot, premises, and grounds contiguous with or adjacent to the property described in paragraphs (1) through (3) of this subsection. (e) “Vandalize” means to deface, damage, destroy, or attempt to deface, damage, or destroy real or personal property. *History: Ord. 98-380* #### § 23-2 Purpose of subtitle. Balt., Md., Code art. 19, § 23-2 (2026) (a) (1) The Baltimore City Police Department keeps records on incidents of criminal acts directed against individuals or groups because of the victim’s race, color, religious beliefs, sexual orientation, or national origin. These records show a particular increase in criminal acts directed against those who practice or espouse homosexuality. (2) Investigations of incidents of vandalism, harassment, threats, physical harm, and the probable murder of homosexuals have increased dramatically in the past 5 years. The national media report a remarkable increase in crimes committed against homosexuals and, in particular, the grisly murder in October 1998 of a gay college student in Wyoming. (b) (1) Article 27, § 470A of the Maryland Code, under the subtitle “Religious and Ethnic Crimes”, commonly described as the “hate crimes law”, prohibits a person from damaging the property of or committing crimes against a person because of that person’s race, color, religious beliefs, or national origin. That law does not include sexual orientation as a protected class. (2) This subtitle adopts the State’s “Religious and Ethnic Crimes” subtitle and adds sexual orientation as a protected class of people who will benefit from the “hate crimes law”. *History: Ord. 98-380* #### § 23-3 Prohibited conduct. Balt., Md., Code art. 19, § 23-3 (2026) A person may not: (1) vandalize religious property that is owned, leased, or used by any religious entity; (2) obstruct, or attempt to obstruct by force or threat of force, a person in the free exercise of that person’s religious beliefs; (3) harass or commit a crime on a person or damage the property of a person because of that person’s race, color, religious beliefs, national origin, or sexual orientation; (4) harass or commit a crime on an institution or damage the property of an institution: (i) because of the institution’s contacts or association with a person or group of a particular race, color, religious beliefs, national origin, or sexual orientation; or (ii) where there is evidence that exhibits animosity on the part of the person committing the act against a person or group because of that person’s or group’s race, color, religious beliefs, national origin, or sexual orientation; (5) vandalize or burn or attempt to burn any object on the property of a person because of that person’s race, color, religious beliefs, national origin, or sexual orientation; (6) vandalize or burn or attempt to burn any object on the property of an institution: (i) because of the institution’s contacts or association with a person or group of a particular race, color, religious beliefs, national origin, or sexual orientation; or (ii) where there is evidence that exhibits animosity on the part of the person committing the act against a person or group because of that person’s or group’s race, color, religious beliefs, national origin, or sexual orientation. *History: Ord. 98-380* #### § 23-4 Penalties. Balt., Md., Code art. 19, § 23-4 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment. (b) Each day that a violation continues is a separate offense. (c) Prosecution of a person under this subtitle does not preclude prosecution and imposition of penalties for any other crime in addition to any penalties imposed under this subtitle. *History: Ord. 98-380* ### Subtitle 24 ### Subtitle 25 – Loitering - General #### § 25-1 Public places. Balt., Md., Code art. 19, § 25-1 (2026) (a) (1) “Loiter” means: (i) to stand around or remain or to park or remain parked in a motor vehicle at a public place or place open to the public and to engage in any conduct prohibited under this law; or (ii) to collect, gather, congregate, or to be a member of a group or a crowd of people who are gathered together in any public place or place open to the public and to engage in any conduct prohibited under this law. (2) (i) “Place open to the public” means any place open to the public or any place to which the public is invited and in, on, or around any privately owned place of business, private parking lot, or private institution, including places of worship, cemetery, or any place of amusement and entertainment, whether or not a charge of admission or entry thereto is made. (ii) It includes the elevator, lobby, halls, corridors, and areas open to the public of any store, office, or apartment building. (3) “Public place” means any public street, road, or highway, alley, lane, sidewalk, crosswalk, or other public way, or any public resort, place of amusement, park, playground, public building or grounds appurtenant thereto, public parking lot, or any vacant lot. (b) (1) It shall be unlawful for any person to loiter at, on, or in a public place or place open to the public in such manner: (i) to interfere with, impede, or hinder the free passage of pedestrian or vehicular traffic; (ii) to interfere with, obstruct, harass, curse, or threaten or to do physical harm to another member or members of the public; or (iii) that by words, acts, or other conduct, it is clear that there is a reasonable likelihood a breach of the peace or disorderly conduct shall result. (2) It shall be unlawful for any person to loiter at a public place or place open to the public and to fail to obey the direction of a uniformed police officer or the direction of a properly identified police officer not in uniform to move on, when not to obey such direction shall endanger the public peace. (c) (1) No person shall be charged with a violation of this section unless and until the arresting officer has first warned the person of the violation and the person has failed or refused to stop the violation. (2) Nothing herein shall be construed to prohibit orderly picketing or other lawful assembly. (d) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment for not more than 10 days, or both fine and imprisonment in the discretion of the court. *History: Ord. 79-1195* #### § 25-2 Liquor establishments, drug abuse centers, or amusement arcades. Balt., Md., Code art. 19, § 25-2 (2026) (a) It is unlawful for any person who is standing or loitering (1) within 100 feet of a Class A, B, B-D7, C, or D retail establishment which sells alcoholic beverages, or (2) within 50 yards of a (i) drug abuse rehabilitation and treatment center, or (ii) a structure housing indoor entertainment (as that term is defined in Baltimore City Zoning Code § 1-306(b) {“Entertainment: Indoor”}), (b) The distances specified in this section are to be measured along the street or other public way in both directions from the center of the main entrance, or any other entrance used by the public, of the establishment, center, or arcade. (c) Nothing in this section prevents property owners or their guests from sitting on their front steps or standing on their sidewalk in front of their property, regardless of whether or not the property is within the distances specified in this section. (d) Any person who violates the provisions of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 70-822* *History: Ord. 71-1070* *History: Ord. 82-701* *History: Ord. 99-439* *History: Ord. 16-581* #### § 25-3 Bus and railroad stations. Balt., Md., Code art. 19, § 25-3 (2026) (a) “Loitering”: (1) shall mean remaining idle in essentially 1 location; (2) shall include the concept of spending time idly, to be dilatory, to linger, to stay, to saunter, to delay, to stand around; and (3) shall also include the colloquial expression “hanging around”. (b) It shall be unlawful for any person who is without a business purpose for being there to loiter in any bus station or railroad station in such manner as to interfere with the free and uninterrupted use of the station by passengers and to refuse to leave the premises when requested to do so by a special officer employed by the owner of the terminal. (c) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or imprisonment for not more than 30 days, or both fine and imprisonment, in the discretion of the court. *History: Ord. 74-589* #### § 25-4 Schools, day care centers, and family-support centers. Balt., Md., Code art. 19, § 25-4 (2026) (a) It is unlawful for any person who is without a business purpose for being there to loiter in any public or private school building, group day care center, or community family-support centers, around an entrance thereof, upon the school or center grounds, or upon a public way within 100 yards of the school or center grounds, and to refuse to leave such premises when requested to do so by a school security officer, a center representative, or a police officer. (b) Any person violating the provisions of this section is guilt of a misdemeanor and, upon conviction thereof, is subject to a fine of not more than $500 or imprisonment for not more than 90 days, or both fine and imprisonment, in the discretion of the court *History: Ord. 75-976* *History: Ord. 91-839* #### § 25-5 Emergency Scene. Balt., Md., Code art. 19, § 25-5 (2026) (a) (1) In this subsection, the following terms have the meanings indicated. (2) (i) “Authorized person” means a person who is given permission to be present within the boundaries of an emergency scene by the Chief. (ii) “Authorized person” may include: (A) personnel from the Baltimore City Fire Department; (B) personnel from the Baltimore Police Department; (C) a victim of the fire; (D) a family member of a victim of the fire; (E) a community- or volunteer-based nonprofit organization that supports and assists victims and survivors of disasters; (F) personnel from the Baltimore City Department of Housing and Community Development; or (G) an official, as defined in City Code, Article 8, § 2-21, with identification issued by the City. (3) “Chief” means the Chief of the Baltimore City Fire Department or the Chief’s designee. (4) “Department” means the Baltimore City Fire Department. (5) “Emergency scene” means the immediate area necessary for the Department to investigate an emergency. (b) (1) A person may not loiter within the boundaries of an emergency scene. (2) An authorized person, as defined under subsection (a)(2) of this section, may be present within the boundaries of an emergency scene. (c) No person may be charged with a violation of this section unless and until the arresting officer has first warned the person of the violation and the person has failed or refused to stop the violation. (d) Any person who violates the provisions of this section is guilty of a misdemeanor and, on conviction is subject to a fine of not more than $500 or imprisonment for not more than 60 days, or both fine and imprisonment. (e) Each violation of the provisions of this section is a separate offense. *History: * #### § 25-6 Enforcement by citation. Balt., Md., Code art. 19, § 25-6 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-595* ### Subtitle 26 – Loitering - Drug-Free Zones #### § 26-1 “Certified drug-free zone” defined. Balt., Md., Code art. 19, § 26-1 (2026) A “certified drug-free zone” is a geographical area of Baltimore City certified as such by the Police Commissioner, including but not limited to identifiable segments of streets, alleys, walkways, parks, recreation centers, schools, bus stations, train depots, taxi stands, commercial parking lots, places of public accommodation and convenience, public housing complexes, and public access areas in residential apartment structures. *History: Ord. 89-375* *History: Ord. 90-561A* #### § 26-2 Findings and declarations. Balt., Md., Code art. 19, § 26-2 (2026) The Mayor and City Council finds and declares that: (1) the illegal manufacture, distribution, possession, and administration of drugs and other unlawful drug-related activities is a City-wide evil of substantial and urgent proportions, constituting a clear and present danger to the citizens of the City; (2) innocent persons, including children, who come into contact with illegal drug-related activity are seriously and adversely affected and their health and safety are jeopardized by the violence and materials (such as discarded syringes) associated with these practices; and (3) criminalizing the act of loitering about or using places within a certified drug-free zone for the purpose of engaging in drug-related activity is a necessary exercise of the police power to maintain the peace, good government, health, and welfare of Baltimore City. *History: Ord. 89-375* *History: Ord. 90-561A* *History: Ord. 04-672* #### § 26-3 Commissioner to certify zones; term. Balt., Md., Code art. 19, § 26-3 (2026) (a) The Police Commissioner may establish, alter, recertify, or terminate the certification of drug-free zones from time to time. (b) But any such certification will expire 3 months from the date of its certification unless recertified for an additional 3 months prior to expiring. *History: Ord. 89-375* *History: Ord. 90-561A* *History: Ord. 22-124* #### § 26-4 Considerations for certification. Balt., Md., Code art. 19, § 26-4 (2026) To determine whether to certify an area as a “drug-free zone”, the Commissioner shall consider the following: (1) arrests or other statistical criteria for reporting crime accepted and relied upon by law enforcement agencies which indicate a disproportionately high occurrence of illegal drug possession or distribution activity in the proposed drug-free zone; (2) 1 homicide or more than 1 instance of violent crime verified to have been related to the possession or distribution of illegal drugs committed within the previous 6-month period within the proposed drug-free zone; (3) reliable, objective, and verifiable information that indicates illegal drug activity is occurring in an area listed in § 26-1 herein or any other identifiable area legally accessible to the public; (4) any other verifiable information accepted by law enforcement agencies that indicates to the Commissioner that the health or safety of residents that live in or near the proposed drug-free zone are endangered by the possession or distribution of illegal drugs. *History: Ord. 89-375* *History: Ord. 90-561A* #### § 26-5 Public notices of zones. Balt., Md., Code art. 19, § 26-5 (2026) (a) Prior to certifying or recertifying a drug-free zone, the Police Commissioner shall: (1) cause to be published at least 1 week prior to certifying a listing of the specific area to be certified in 1 or more newspapers of general circulation in Baltimore City; (2) provide written notice not less than 1 week prior to such certification to the Mayor and the President and members of the City Council of the specific area to be certified, including the boundaries of the area and the date when the certification will begin; (3) post at least 3 days prior to certification a notice in the area to be certified the boundaries of the certified drug-free zone, the date certification will begin and end, and a phone number to call for additional information; and (4) take any other steps necessary and reasonable to inform the community in and surrounding the area to be certified of such certification, including by way of example: use of mass media, publication in community newsletters or newspapers, meetings with Community groups and citizens, notification at community relations councils, or any other means deemed appropriate. (b) The Commissioner shall cause to be disseminated to all police enforcement personnel a current list of certified drug-free zones. *History: Ord. 89-375* *History: Ord. 90-561A* #### § 26-6 Prohibited conduct. Balt., Md., Code art. 19, § 26-6 (2026) (a) It is unlawful for any person to loiter about or remain at any public way, public place, or place open or legally accessible to the public within a certified drug-free zone, as herein provided, for the purpose of engaging in drug-related activity that is prohibited by any of the provisions of Article 27, Subtitle Health-Controlled Dangerous Substances of the Maryland Code relating to the manufacture, distribution, sale, possession, or administration of substances covered therein. (b) (1) A police officer shall first request a person suspected of loitering under this subtitle within a drug-free zone to leave the premises. (2) Failure to obey the police officer shall subject the person to arrest. *History: Ord. 89-375* *History: Ord. 90-561A* #### § 26-7 Considerations. Balt., Md., Code art. 19, § 26-7 (2026) (a) A “known unlawful drug user, possessor, or seller” is: (1) a person who has, within the knowledge of the arresting officer, been: (i) convicted in any court of any violation of a referenced provision of the referenced state code involving the regulation, use, possession, purchase, or sale of any of the substances referred to therein; or (ii) convicted of violating a substantially similar provision of federal law or such law of any other jurisdiction; (2) a person who displays physical characteristics of drug intoxication or usage, such as dilated pupils, glassy eyes, or “needle tracks”; or (3) a person who possesses drug paraphernalia as defined in Article 27, § 287A of the Maryland Code. (b) In making a determination that a person is loitering about or remaining in any public way, public place, or place open or legally accessible to the public within a certified drug-free zone, as herein provided, for the purpose of engaging in prohibited drug-related activity, the totality of the circumstances involved shall be considered. (c) Among the circumstances which may be considered in determining whether such purpose is manifested are: (1) the conduct of the person being observed, including by way of example only, that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in illegal drug activity such as: (i) the observable distribution of small packages to other persons; (ii) the receipt of currency for the exchange of a small package; (iii) operating as a “lookout”; (iv) warning others of the arrival of police; (v) fleeing without other apparent reason upon the appearance of a police officer; (vi) concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity; or (vii) engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs; (2) information from a reliable source indicating that the person being observed routinely distributes illegal drugs within the drug-free zone; (3) information from a reliable source indicating that the person being observed is currently engaging in illegal drug-related activity within the drug-free zone; (4) such person is physically identified by the officer as a member of a “gang” or association which engages in illegal drug activity; (5) such person is a known unlawful drug user, possessor, or seller; (6) such person has no other apparent lawful reason for loitering or remaining in the drug-free zone (e.g., such as waiting for a bus or being near one’s own residence); (7) any vehicle involved in the observed circumstances is registered to: (i) a known unlawful drug user, possessor, or seller; or (ii) a person for whom there is an outstanding arrest warrant for a crime involving drug-related activity. *History: Ord. 89-375* *History: Ord. 90-561A* #### § 26-7.1 Enforcement by citation. Balt., Md., Code art. 19, § 26-7.1 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-596* #### § 26-8 Penalties. Balt., Md., Code art. 19, § 26-8 (2026) Any person who violates the provisions of this subtitle is guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for not more than 30 days or a fine of not more than $400, or both. *History: Ord. 89-375* *History: Ord. 90-561A* ### Subtitle 27 – Loitering - Prostitution #### Part 1 – In General ##### § 27-1 Definitions. Balt., Md., Code art. 19, § 27-1 (2026) (a) The term “assignation” shall be construed to include: (1) the making of any appointment or engagement for prostitution or lewdness; or (2) any act in furtherance of such appointment or engagement. (b) The term “lewdness” shall be construed to mean any unnatural sexual practice. (c) The term “prostitution” shall be construed to mean the offering or receiving of the body for sexual intercourse for hire. (d) “Public place” means: (1) any street, sidewalk, bridge, or alley or alleyway, plaza, park, driveway, parking lot, or transportation facility; or (2) a motor vehicle in or on any such place. *History: Ord. 77-434* *History: Ord. 79-1131* *History: Ord.22-125* ##### § 27-2 Legislative findings. Balt., Md., Code art. 19, § 27-2 (2026) The Mayor and City Council hereby finds and declares that: (1) loitering for the purpose of prostitution, lewdness, or assignation, patronizing, or promoting same is disruptive of the public peace in that certain persons engaged in such conduct in public places harass and interfere with the use and enjoyment by other persons of such public places thereby constituting a danger to the public health and safety; and (2) in recent years, the incidence of such conduct in public places has increased significantly in that persons aggressively engaging in promoting, patronizing, or soliciting for the purposes of prostitution, lewdness, or assignation have, by their course of conduct in public places, caused citizens who venture into such public places to be the unwilling victims of repeated harassment, interference, and assault upon their individual privacy, as a result of which such public places have become unsafe and the ordinary community and commercial life of certain neighborhoods has been disrupted and has deteriorated. *History: Ord. 77-434* *History: Ord. 79-1131* *History: Ord. 04-672* ##### § 27-3 Prohibited conduct. Balt., Md., Code art. 19, § 27-3 (2026) It shall be unlawful for any person or persons, who are remaining, standing, loitering, or wandering about at any public place or place open or legally accessible to the public in such a manner as to beckon to, or repeatedly stop, or repeatedly attempt to engage passersby in conversation, or repeatedly stop or attempt to stop motor vehicles, or repeatedly interfere with the free passage of other persons, for the purpose or with the intention of either engaging in and/or promoting prostitution, lewdness, or assignation, to disobey a request by a police officer to move on. *History: Ord. 77-434* *History: Ord. 79-1131* *History: Ord. 94-315* ##### § 27-3.1 Enforcement by citation. Balt., Md., Code art. 19, § 27-3.1 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-595* ##### § 27-4 Penalties. Balt., Md., Code art. 19, § 27-4 (2026) Any person violating any of the provisions of this Part shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000 or imprisonment in jail not exceeding 12 months, or to both fine and imprisonment, in the discretion of the court. *History: Ord. 77-434* *History: Ord. 79-1131* *History: Ord. 85-568* *History: Ord. 94-315* ##### §§ 27-5 to 27-10 Balt., Md., Code art. 19, § 27-5 to 27-10 (2026) Reserved #### Part 2 – Prostitution-Free Zones ##### § 27-11 “Certified prostitution-free zone” defined. Balt., Md., Code art. 19, § 27-11 (2026) A “certified prostitution-free zone” is a geographical area of Baltimore City certified as such by the Police Commissioner, encompassing specified segments of streets, alleys, walkways, parks, public access areas in residential apartment structures, places of public accommodations, schools, bus stations, train depots, and taxi stands. *History: Ord. 94-315* ##### § 27-12 Commissioner to certify zones; term. Balt., Md., Code art. 19, § 27-12 (2026) (a) The Police Commissioner may establish, alter, recertify, or terminate the certification of prostitution-free zones from time to time. (b) Provided, however, that any certification will expire 3 months after the date of its certification unless recertified for an additional 3 months prior to expiration. (c) The Commissioner may certify or recertify a prostitution-free zone after the two 3-month periods provided herein if: (1) the conditions in § 27-13 are met; and (2) those findings indicate that the conduct prohibited herein has returned to that particular public place or place open or legally accessible to the public. *History: Ord. 94-315* *History: Ord. 22-124* ##### § 27-13 Considerations for certification. Balt., Md., Code art. 19, § 27-13 (2026) To determine whether to certify an area as a “prostitution-free zone”, the Police Commissioner shall consider the following: (1) arrests or other statistical criteria for reporting crime which are accepted and relied upon by law enforcement agencies and which indicate a disproportionately high occurrence of prostitution in the proposed prostitution-free zone; (2) reliable, objective, and verifiable information which indicates that prostitution is occurring in the proposed prostitution-free zone; and (3) any other verifiable information acceptable by law enforcement agencies that indicates to the Police Commissioner that the health or safety of the residents that live in or near the proposed prostitution-free zone is endangered by the activity of prostitution. *History: Ord. 94-315* ##### § 27-14 Public notices of zones. Balt., Md., Code art. 19, § 27-14 (2026) (a) Prior to certifying or recertifying a prostitution-free zone, the Police Commissioner shall: (1) cause to be published in 1 or more newspapers of general circulation in Baltimore City, at least 1 week prior to certification, a listing of specific areas to be certified; (2) provide written notice to the Mayor and the President and members of the City Council, not less than 1 week prior to certification, of the specific area to be certified, including the boundaries of the area and the date when certification will begin; and (3) at least 3 days prior to certification, publish a notice of certification in the area to be certified. Publication shall be by use of mass media, community newsletters or newspapers, community relations councils, by posting notices on city-owned poles or other structures in the area, posting notices, after obtaining permission, in local shops and shop windows and on utility poles, or any other means deemed appropriate. (b) The Commissioner shall disseminate to all police enforcement personnel a current list of certified prostitution-free zones. *History: Ord. 94-315* ##### § 27-15 Prohibited conduct. Balt., Md., Code art. 19, § 27-15 (2026) It shall be unlawful for any person to loiter or remain at any public place or place open or legally accessible to the public within a certified prostitution-free zone, as herein provided, if the person intentionally engages in or promotes prostitution, lewdness, or assignation. *History: Ord. 94-315* ##### § 27-15.1 Enforcement by citation. Balt., Md., Code art. 19, § 27-15.1 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-595* ##### § 27-16 Penalties. Balt., Md., Code art. 19, § 27-16 (2026) Any person violating any of the provisions of this Part shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000 or imprisonment in jail not exceeding 90 days, or both fine and imprisonment, in the discretion of the court. *History: Ord. 94-315* ### Subtitle 28 ### Subtitle 29 – Mass Transit Vehicles #### § 29-1 Balt., Md., Code art. 19, § 29-1 (2026) Reserved #### § 29-2 Balt., Md., Code art. 19, § 29-2 (2026) Reserved #### § 29-3 Balt., Md., Code art. 19, § 29-3 (2026) Reserved #### § 29-4 Outside riding. Balt., Md., Code art. 19, § 29-4 (2026) (a) It is unlawful for any person to ride on a bumper, fender, or any exterior portion of any public passenger motor bus or other common carrier. (b) Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding $10. *History: Ord. 70-927* #### § 29-5 Balt., Md., Code art. 19, § 29-5 (2026) Reserved ### Subtitle 30 – Merchandise Carts #### § 30-1 Scope of subtitle. Balt., Md., Code art. 19, § 30-1 (2026) The provisions of this subtitle apply only to wheeled carts and other similar devices which have the name and address of the owners thereof clearly marked thereon. *History: Ord. 61-936* #### § 30-2 Prohibited conduct. Balt., Md., Code art. 19, § 30-2 (2026) Any person who: (1) removes from the premises of any grocery store, store, or market any wheeled cart or other similar device belonging to the owner of such grocery store, store, or market and used for the purpose of assembling or carrying materials there purchased; (2) destroys, mutilates, or damages any such wheeled cart or other device; (3) abandons any such wheeled cart or device upon the streets, highways, or alleys of the City of Baltimore; or (4) has in his possession any such wheeled cart or other device away from the premises of the owner of such wheeled cart or device, is guilty of a misdemeanor. *History: Ord. 59-1977* *History: Ord. 61-936* #### § 30-3 Penalties. Balt., Md., Code art. 19, § 30-3 (2026) Upon conviction thereof, he is subject to a fine of not more than $100 for each such offense. *History: Ord. 59-1977* *History: Ord. 61-936* ### Subtitle 31 ### Subtitle 32 – Minors - Sales in Proximity to Liquor Store #### § 32-1 Definitions. Balt., Md., Code art. 19, § 32-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Close proximity to liquor store” means located: (1) on the premises of a liquor store; or (2) in a structure that immediately adjoins a liquor store and has direct access to the interior of that liquor store. (c) (1) Except as otherwise provided in this subsection, “liquor store” means any establishment that sells alcoholic beverages for off-premise consumption. (2) “Liquor store” includes a licensee who holds one of the following off-sale licenses: (i) a Class A beer, wine, and liquor license; (ii) a Class A-2 beer, wine, and liquor off-sale package goods license; and (iii) a Class B-D-7 beer, wine, and liquor license if, on an annual basis, the Class B-D-7 licensee’s average daily receipts from sales of alcoholic beverages for off-premise consumption exceeds 40% of the licensee’s total average daily receipts from all sales (on-sale and off-sale) of alcoholic beverages. (3) “Liquor store” does not include: (i) an establishment that sells non-alcoholic products (e.g., groceries or other food items, paper goods, home and office supplies, and other goods or merchandise) the average daily receipts from which sales, on an annual basis, exceed 80% of the establishment’s total average daily receipts; or (ii) a licensee who holds: (A) an on-sale license (other than a Class B-D-7 license included under paragraph (2)(iii) of this subsection); or (B) one of the following off-sale licenses: 1. Class A beer and light wine license (off-sale); and 2. Class A2 light wine license (on- and off-sale). *History: Ord. 12-046* *History: Ord. 22-125* #### § 32-2 Balt., Md., Code art. 19, § 32-2 (2026) Reserved #### § 32-3 Sales to minors. Balt., Md., Code art. 19, § 32-3 (2026) No person in close proximity to a liquor store may sell any food, goods, supplies, or other merchandise (even if non-alcoholic) to any minor. *History: Ord. 12-046* #### § 32-4 Inducing minor to purchase. Balt., Md., Code art. 19, § 32-4 (2026) No person may request or induce a minor to purchase any food, goods, supplies, or other merchandise in violation of § 32-3 {“Sales to minors”} of this subtitle. *History: Ord. 12-046* #### § 32-5 False representation by minor. Balt., Md., Code art. 19, § 32-5 (2026) No minor may knowingly and falsely represent her- or himself to any person as being 18 years old or older for the purpose of purchasing any food, goods, supplies, or other merchandise in violation of § 32-3 {“Sales to minors”} of this subtitle. *History: Ord. 12-046* #### §§ 32-6 to 32-8 Balt., Md., Code art. 19, § 32-6 to 32-8 (2026) Reserved #### § 32-9 Enforcement by citation. Balt., Md., Code art. 19, § 32-9 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 12-046* #### § 32-10 Criminal penalties. Balt., Md., Code art. 19, § 32-10 (2026) (a) Any person who violates a provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. (b) (1) For a violation of § 32-3 {“Sales to minors”} or § 32-4 {“Inducing minor to purchase”}, the penalty is a fine of not more than $500 for each offense. (2) For a violation of § 32-5 {“False representation by minor”}, the penalty is as follows: (1) for a 1st conviction, a fine of not more than $100 for each offense; and (2) for a 2nd or subsequent conviction, a fine of not more than $250 for each offense. *History: Ord. 12-046* ### Subtitle 33 – Minors - Alcoholic Beverages #### § 33-1 “Minor” defined. Balt., Md., Code art. 19, § 33-1 (2026) In this subtitle, “minor” applies to every individual under 21 years of age, except to bona fide employees in the course of their employment and whose employment is not prohibited by the State Alcoholic Beverages Article. *History: Ord. 44-162* *History: Ord. 56-626* *History: Ord. 22-125* #### § 33-2 Purchase or possession by minor. Balt., Md., Code art. 19, § 33-2 (2026) (a) It shall be unlawful for any minor: (1) to attempt to purchase alcoholic beverages; or (2) to drink or have in his or her possession any alcoholic beverages: (i) in any public place; or (ii) on any public highway. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof: (1) shall be subject to a fine not exceeding $100 for the minor’s 1st conviction; and (2) for the 2nd or any subsequent conviction thereof, the minor shall be subject to a fine not exceeding $250 or to imprisonment in jail for a period not exceeding 60 days or both such fine and imprisonment in the discretion of the court. *History: Ord. 44-162* *History: Ord. 56-626* #### § 33-3 False representation. Balt., Md., Code art. 19, § 33-3 (2026) (a) It shall be unlawful for any minor knowingly and falsely to represent himself to be 21 years of age to any licensed person engaged in the sale of alcoholic beverages, for the purpose of procuring or having such alcoholic beverages furnished to him by sale, gift, or otherwise. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof: (1) shall be subject to a fine not exceeding $100 for his 1st conviction; and (2) for the 2nd or any subsequent conviction thereof, the minor shall be subject to a fine not exceeding $250 or to imprisonment in jail for a period not exceeding 60 days or both such fine and imprisonment, in the discretion of the court. *History: Ord. 56-626* #### § 33-4 Providing to or inducing minor. Balt., Md., Code art. 19, § 33-4 (2026) (a) It shall be unlawful for any person: (1) to request or induce a minor to purchase or to attempt to purchase any alcoholic beverages; or (2) to give to, supply with, or in any way furnish to a minor, on any street or public way or in any place of public resort, any alcoholic beverage. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each and every such violation. *History: Ord. 44-162* *History: Ord. 58-1410* ### Subtitle 34 – Minors - Daytime and Nighttime Curfews #### § 34-1 Definitions. Balt., Md., Code art. 19, § 34-1 (2026) (a) In this subtitle the following terms have the meanings indicated. (b) “Establishment” means: (1) any privately-owned place of business carried on for a profit; or (2) any place of amusement or entertainment to which the public is invited. (c) (d) (1) “Operator” means any person operating, managing, or conducting any establishment. (2) When used in any clause imposing a penalty, the term “operator”: (i) as applied to a partnership or association, includes the partners or members thereof; and (ii) as applied to a corporation, includes the officers thereof. (e) “Parent” means: (1) any natural parent of a minor; (2) a guardian; or (3) any person 18 years old or older who is legally responsible for the care and custody of a minor. (f) “Public place” means any public street, highway, road, alley, park, playground, wharf, dock, public building, or vacant lot. (g) “Remain” means to loiter, idle, wander, stroll, or play in or upon. (h) “Youth Connection Center” means a place, as established or designated by the City, to which minors believed to be in violation of § 34-3 {“Prohibited conduct of minors – Nighttime curfew”} or § 34-4 {“Prohibited conduct of minors – Daytime curfew”} of this subtitle can be taken to determine an appropriate course of action. *History: Ord. 75-1046* *History: Ord. 80-207* *History: Ord. 94-419* *History: Ord. 95-614* *History: Ord. 03-539* *History: Ord. 06-183* *History: Ord. 14-307* *History: Ord.22-125* #### § 34-2 Legislative findings. Balt., Md., Code art. 19, § 34-2 (2026) The Mayor and City Council find that: (1) An emergency has been created by a substantial increase in the number and in the seriousness of crimes committed by minors against persons and property within the City, and this has created a menace to the preservation of public peace, safety, health, morals, and welfare. (2) The increase in juvenile delinquency has been caused in part by the large number of minors who are permitted to remain in public places and in certain establishments during night hours without adult supervision, and during daylight hours at times when, by law, they are required to attend school. (3) Education is the foundation of success and a productive life. The City of Baltimore provides the educational system and its staff, but the cooperation of students and their parents determines the productivity of the educational system. Late evening activity by certain of our youth prevents them from concentrating in class or, even worse, causes their absence from class. This, together with truancy, has risen alarmingly in recent years and youth is thus deprived of a necessary basic education. The rate of absenteeism has risen alarmingly in recent years while the achievement rate has rapidly decreased. The end result is an increase in failures and dropouts, frustration, malcontent, antisocial conduct, and, for many, a future without promise. (4) The problem of juvenile delinquency can be reduced by regulating the hours during which minors may remain in public places and in certain establishments without adult supervision, and by imposing certain duties and responsibilities upon the parents or other adult persons who have care and custody of minors. *History: Ord. 75-1046* *History: Ord. 77-316* *History: Ord. 80-207* #### § 34-3 Prohibited conduct of minors – Nighttime curfew. Balt., Md., Code art. 19, § 34-3 (2026) (a) This section does not apply to a minor: (1) accompanied by the minor’s parent; (2) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, or the right of assembly; (3) in a motor vehicle involved in interstate travel; (4) engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop; (5) involved in an emergency; (6) on the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence; or (7) attending or, without any detour or stop, going to or returning from an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Baltimore, a civic organization, or another similar entity that takes responsibility for the minor. (b) No minor less than 14 years of age may remain in or about any public place or any establishment between the hours of 9 p.m. on any day and 6 a.m. of the following day. (c) (1) From and including 12:01 a.m. on the Friday preceding Memorial Day each year through 12 midnight of the last Sunday of August each year, no minor at least 14, but less than 17, years of age may remain in or about any public place or any establishment between the hours of 11 p.m. on any day and 6 a.m. of the following day. (2) For the remainder of the calendar year, no minor at least 14, but less than 17, years of age may remain in or about any public place or any establishment: (i) between the hours of 11 p.m. on a Friday and 6:00 a.m. of the following Saturday; (ii) between the hours of 11 p.m. on a Saturday and 6:00 a.m. of the following Sunday; or (iii) between the hours of 10 p.m. and 6 a.m. of the following day, on any other day of the week. *History: Ord. 75-1046* *History: Ord. 77-316* *History: Ord. 80-207* *History: Ord. 85-523* *History: Ord. 94-419* *History: Ord 95-614* *History: Ord. 06-183* *History: Ord. 14-231* #### § 34-4 Prohibited conduct of minors – Daytime curfew. Balt., Md., Code art. 19, § 34-4 (2026) (a) Except as otherwise provided in subsection (b) of this section, no minor under the age of 16 may remain in or about any public place or any establishment between the hours of 7:30 a.m. and 3 p.m. on any day during which the minor is required to be in school. (b) Subsection (a) of this section does not apply if: (1) the minor has written proof from school authorities excusing his or her attendance at that particular time; or (2) the minor is accompanied by the minor’s parent or by a person 21 years old or older; or (3) the minor is traveling to or from school. *History: Ord. 75-1046* *History: Ord. 77-316* *History: Ord. 80-207* *History: Ord. 85-523* *History: Ord. 94-419* *History: Ord 95-614* *History: Ord. 03-539* *History: Ord. 06-183* *History: Ord. 14-231* #### § 34-5 Prohibited conduct of parents, guardians, etc. Balt., Md., Code art. 19, § 34-5 (2026) It is unlawful for the parent of any minor to knowingly permit or, by insufficient control, to allow that minor to be in or about any public place or any establishment if that minor’s presence would violate § 34-3 {“Prohibited conduct of minors – Nighttime curfew”} or § 34-4 {“Prohibited conduct of minors – Daytime curfew”} of this subtitle. *History: Ord. 75-1046* *History: Ord. 77-316* *History: Ord. 80-207* *History: Ord. 94-419* *History: Ord. 95-614* *History: Ord. 06-183* *History: Ord. 14-231* #### § 34-6 Prohibited conduct of establishments. Balt., Md., Code art. 19, § 34-6 (2026) No operator of an establishment or his agents or employees may knowingly permit any minor to remain on the premises of that establishment if that minor’s presence would violate § 34-3 {“Prohibited conduct of minors – Nighttime curfew”} or § 34-4 {“Prohibited conduct of minors – Daytime curfew”} of this subtitle. *History: Ord. 75-1046* *History: Ord. 77-316* *History: Ord. 80-207* *History: Ord. 94-419* *History: Ord. 95-614* *History: Ord. 06-183* *History: Ord. 14-231* #### § 34-7 Detention of minor not an arrest. Balt., Md., Code art. 19, § 34-7 (2026) Detention of a minor under this subtitle is not considered an arrest and does not create a criminal record for the minor under State law. *History: Ord. 95-614* *History: Ord. 06-183* #### § 34-8 Enforcement generally. Balt., Md., Code art. 19, § 34-8 (2026) (a) If a police officer has reason to believe that a minor is in violation of § 34-3 {“Prohibited conduct of minors – Nighttime curfew”} or § 34-4 {“Prohibited conduct of minors – Daytime curfew”} of this subtitle, the police officer shall seek to obtain from the minor: (1) the minor’s name, address, school or other valid identification, and age; and (2) the name of the minor’s parent or parents. (b) (1) For a minor believed to be in violation of § 34-4 {“Prohibited conduct of minors – Daytime curfew”}, the minor shall be taken, as appropriate, to: (i) the minor’s school; (ii) a Youth Connection Center; or (iii) the minor’s home. (2) If the minor is taken to school or to a Youth Connection Center, the school or center, as the case may be, shall: (i) notify a parent about the violation of this subtitle; and (ii) take appropriate measures to reduce the probability that the minor will commit a subsequent violation of this subtitle. (c) (1) For a minor believed to be in violation of § 34-3 {“Prohibited conduct of minors – Nighttime curfew”}, the minor shall be taken, as appropriate, to: (i) the minor’s home; or (ii) a Youth Connection Center. (2) If the minor is taken to a Youth Connection Center, the facility shall: (i) notify a parent or an adult brother, sister, aunt, uncle, or grandparent to come and take charge of the minor; (ii) notify a parent about the violation of this subtitle; and (iii) take appropriate measures to reduce the probability that the minor will commit a subsequent violation of this subtitle. (3) If the minor is taken to a Youth Connection Center and, by 6 a.m. of the following morning, no parent or adult brother, sister, aunt, uncle, or grandparent can be located or none come and take charge of the minor, the minor shall be, as appropriate: (i) taken to the minor’s home; (ii) referred to or placed in the custody of the Baltimore City Department of Social Services; or (iii) released from the Youth Connection Center. (d) In no event may a minor be detained for more than 24 hours if the minor is charged solely with a violation of this subtitle. (e) Notice is presumed to be received by a parent if deposited in a depository for mailing United States Mail, properly addressed and with first-class postage paid. The mailing may be shown by the records of the sending agency made in the regular course of its business. *History: Ord. 75-1046* *History: Ord. 77-316* *History: Ord. 80-207* *History: Ord. 94-418* *History: Ord. 94-419* *History: Ord. 95-614* *History: Ord. 03-539* *History: Ord. 06-183* *History: Ord. 14-231* #### § 34-8.1 Enforcement by citation. Balt., Md., Code art. 19, § 34-8.1 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, § 34-5 {“Prohibited conduct of parents, guardians, etc.”} of this subtitle and § 34-6 {“Prohibited conduct of establishments”} of this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce those sections does not preclude pursuing any other civil or criminal remedy authorized by law. *History: Ord. 06-183* #### § 34-9 Penalties. Balt., Md., Code art. 19, § 34-9 (2026) (a) (1) A parent who violates § 34-5 {“Prohibited conduct of parents, guardians, etc.”} of this subtitle for the 1st time may be issued: (i) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}; or (ii) if the parent agrees to attend family counseling sessions with the minor at an agency approved by the City of Baltimore, a notice that a civil citation will be issued if the counseling sessions are not completed. (2) A parent who violates § 34-5 {“Prohibited conduct of parents, guardians, etc.”} of this subtitle after having received notice under § 34-8 {“Enforcement”} of a prior violation or after having been issued a civil citation or a notice under paragraph (1) of this subsection for a prior violation is guilty of a misdemeanor and, on conviction, is subject to 1 or more of the following, in the discretion of the court: (i) a fine not to exceed $500 and costs; and (ii) community service. (b) Any operator of an establishment and any agent or employee of any operator who violates any provision of § 34-6 {“Prohibited conduct of establishments”}of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation. (c) Each violation of a provision of this subtitle constitutes a separate offense. *History: Ord. 75-1046* *History: Ord. 77-316* *History: Ord. 80-207* *History: Ord. 94-418* *History: Ord. 94-419* *History: Ord. 95-614* *History: Ord. 99-492* *History: Ord. 06-183* *History: Ord. 14-231* #### § 34-10 Continuing evaluation. Balt., Md., Code art. 19, § 34-10 (2026) The Mayor and City Council shall continue evaluating and updating this subtitle through methods including but not limited to: (1) Annually, on or before February 1 of each year,the Police Commissioner must report to the Mayor and City Council: (i) on the effect of this subtitle on crimes committed by and against minors; (ii) the number of warnings issued and arrests of minors, parents, and operators hereunder; and (iii) such other information as the Mayor and City Council may request. (2) On a regular basis, the Mayor and City Council shall receive informal reports of all exceptional cases hereunder and advisory opinions for consideration in further updating and continuing evaluation of this subtitle. *History: Ord. 95-614* *History: Ord. 14-231* ### Subtitle 35 – Minors - Harmful Substances #### § 35-1 Controlled dangerous substances. Balt., Md., Code art. 19, § 35-1 (2026) (a) (1) As used in this section, the following words have the meanings indicated unless the context dearly indicates otherwise. (2) “Controlled dangerous substance” means a controlled dangerous substance as defined in the Article 27, Subtitle “Health - Controlled Dangerous Substances” of the Maryland Code. (3) “Parent” includes guardian. (b) An adult, including a parent, shall not: (1) buy a controlled dangerous substance from a minor; (2) sell or induce a minor to use or possess a controlled dangerous substance; or (3) cause to hold, look out, deliver, transport, or hold money or drugs, or in any way conspire to induce a minor to violate the provisions of this section. (c) A person charged with a violation of this section shall not use his or her lack of knowledge of the minor’s age as a defense in the prosecution of any case under this section. (d) A person who violates this section is guilty of a misdemeanor and on conviction may be fined not more than $1,000 or imprisoned for a mandatory minimum period of not less than 60 days or not more than 1 year or both fine and imprisonment. *History: Ord. 95-561* *History: Ord. 22-125* #### § 35-2 Glue, carbon tetrachloride, paints, etc. Balt., Md., Code art. 19, § 35-2 (2026) (a) (1) As used in this section, the phrase “glue containing a solvent having the property or releasing toxic vapors or fumes” shall mean and include any glue, cement, or other adhesive containing 1 or more of the following chemical compounds: acetone, and acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, or toluene. (2) As used in this section, the phrase “carbon tetrachloride” shall mean any product containing, as its primary ingredient, carbon tetrachloride. (b) (1) No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, intentionally smell or inhale the fumes of any glue and carbon tetrachloride product containing a solvent having the property of releasing toxic vapors or fumes. (2) Providing that nothing in this section shall be interpreted as applying to the inhalation of any anesthetic used for medical or dental purposes. (c) (1) No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain or nervous system, intentionally use or have in his possession for the purpose of using any glue and carbon tetrachloride product containing a solvent having the property of releasing toxic vapors or fumes. (2) Providing that nothing in this section shall be interpreted as applying to the inhalation of any anesthetic used for medical or dental purposes. (d) It shall be unlawful for any person, excepting a parent or legal guardian of a minor, to sell, offer to sell, transfer, or act as an agent for the sale or transfer to any person under the age of 21 years any tube or other container of glue and carbon tetrachloride product containing a solvent having the property of releasing toxic vapors or fumes. (e) It shall be unlawful for any person, excepting a parent or legal guardian of a minor, to sell, offer to sell, transfer, or act as an agent for the sale or transfer to any person under the age of 21 years any paint, enamel, lacquer, or other coloring matter in pressurized spray containers. (f) It shall be unlawful for any person, excepting a parent or legal guardian of a minor, to sell, offer to sell, transfer, or act as an agent for the sale or transfer to any person under the age of 21 years any type of cleaning fluid containing 1 or more of the following chemical compounds: acetone, and acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl, alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether, or toluene. (g) (1) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment for not more than 6 months, or both, for each offense. (2) In addition to a fine or imprisonment or both or in lieu of a fine or imprisonment or both, a judge may sentence a person convicted under this section to perform community service. *History: Ord. 68-039* *History: Ord. 71-1093* *History: Ord. 86-764* *History: Ord. 22-125* #### § 35-3 Butyl nitrate, amyl nitrate, etc. Balt., Md., Code art. 19, § 35-3 (2026) (a) It shall be unlawful for any person to sell, transfer, or act as an agent for the sale or transfer to any person under the age of 18 years any product containing as its primary ingredient butyl nitrite, amyl nitrite, isobutyl nitrite, isoamyl nitrite or their congenors, except when prescribed by a physician. (b) Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment for not more than 6 months, or both, for each offense. *History: Ord. 79-1151* #### § 35-4 Spray paint. Balt., Md., Code art. 19, § 35-4 (2026) (a) It is unlawful for any person to sell, exchange, give, or loan any pressurized spray can containing any substance commonly known as paint, or containing any other opaque liquid capable of being propelled by the aerosol can, to any minor under the age of 18 years, if such sale, gift, or loan is with the intent to induce or with the knowledge that the minor will use the aerosol spray for the purpose of defacing, damaging, injuring or in any other manner unlawfully applying the spray substance to any personal or real property of another. (b) It is unlawful for any person under the age of 18 years to have in his or her possession any pressurized spray can containing any substance commonly known as paint or containing any other opaque liquid capable of being propelled by the pressurized can, with the intent to deface, injure, damage, or in any other manner lawfully apply the sprayed substance to any personal or real property of another, while on public property or upon private property without the consent of the owner of such private property. (c) It is unlawful for any person to deliberately smell or inhale such excessive quantifies of the substance or chemical emitted from a pressurized spray can of paint as cause conditions of intoxication, inebriation, excitement, stupefaction, or dulling the brain or nervous system. (d) Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500 for each offense. *History: Ord. 84-182* ### Subtitle 36 – Minors - Indecent Materials #### § 36-1 Definitions. Balt., Md., Code art. 19, § 36-1 (2026) (a) “Harmful to minors” means that quality of representation of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that: (1) predominantly appeals to the prurient, shameful, or morbid interest of young persons; (2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for young persons; and (3) is utterly without redeeming social importance for young persons. (b) (1) “Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both: (i) the character and content of any material described herein which is reasonably susceptible of examination by the defendant; and (ii) the age of the minor. (2) Provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor. (c) “Nudity” means: (1) the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or (2) the showing of the female breast with less than a fully opaque covering of any part below the top of the nipple; or (3) the depiction of covered male genitals in a discernibly turgid state. (d) “Sadomasochistic abuse” means: (1) flagellation or torture by or upon a person clothed in undergarments, a mask, or a bizarre costume; or (2) the condition of being fettered, bound, or otherwise physically restrained on the part of one who is so clothed. (e) “Sexual conduct” means acts of masturbation, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if the person is a female, breast. (f) “Sexual excitement” means the condition of human male or female genitals in a discernible state of sexual stimulation or arousal. *History: Ord. 69-467* *History: Ord. 16-581* *History: Ord. 22-125* #### § 36-2 Prohibited conduct. Balt., Md., Code art. 19, § 36-2 (2026) It shall be unlawful for any person knowingly to sell, exhibit, or transfer to a minor: (1) any picture, photograph, drawing, sculpture, film, or similar visual representation or image of a person or portion of the human body which: (i) depicts nudity, sexual conduct, or sadomasochistic abuse; and (ii) is harmful to minors; or (2) any book, pamphlet, magazine, printed matter however reproduced, or sound recording which: (i) contains any matter enumerated in item (1) immediately above or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse; and (ii) taken as a whole, is harmful to minors. *History: Ord. 69-467* #### § 36-3 Penalties. Balt., Md., Code art. 19, § 36-3 (2026) Any person violating any of the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment for not more than 12 months, or both, for each offense. *History: Ord. 69-467* #### § 36-4 Balt., Md., Code art. 19, § 36-4 (2026) Reserved ### Subtitle 37 – Minors - Misappropriations or Neglect #### § 37-1 Scope of subtitle. Balt., Md., Code art. 19, § 37-1 (2026) (a) (1) In this subtitle, “person” has the meaning stated in § 1-107 of the City Code’s General Provisions Article. (2) Every officer, trustee, director, agent, partner, member, or employee of a corporation, partnership, or association who directly or indirectly engages in any of the acts prohibited by this subtitle or who assists the corporation, partnership, or association in any of those prohibited acts shall be subject to the penalties imposed by this subtitle. (b) No parent or duly appointed guardian may be proceeded against under this subtitle for any alleged mistreatment or abuse of his or her own child or children or child or children for whom he or she has been appointed guardian. *History: Ord. 25-422* *History: Ord. 77-573* *History: Ord. 22-125* #### § 37-2 Misappropriation of minor’s property. Balt., Md., Code art. 19, § 37-2 (2026) Any person having the custody of any minor child or children, and who shall appropriate to his own use or for his personal gain or profit any sum of money or any valuable article contributed or given for the support or maintenance of said minor child or children shall be deemed guilty of a misdemeanor and, upon conviction of said offense by a court of competent jurisdiction, shall be punished by a fine of not more than $300, or imprisonment for not more than 30 days, or both fine and imprisonment. *History: Ord. 25-422* #### § 37-3 General neglect; inducing to beg. Balt., Md., Code art. 19, § 37-3 (2026) Any person who shall induce a minor child to beg or ask alms, or any person having the custody of any minor child or children who shall refuse or neglect to provide food, clothing, housing facilities, or medical attention sufficient to preserve the health of such child or children, shall be deemed guilty of a misdemeanor and, upon conviction of said offense by a court of competent jurisdiction, shall be punished by a fine of not more than $300, or imprisonment for not more than 30 days, or both. *History: Ord. 25-422* #### § 37-4 Child left unattended in vehicle. Balt., Md., Code art. 19, § 37-4 (2026) Any person, having the care or custody of any child under the age of 11 years who shall cause or permit the child to remain in a motor vehicle while not attended or accompanied in that motor vehicle by a person at least 13 years of age or more shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500 or imprisonment for not more than 30 days, or both fine and imprisonment. *History: Ord. 87-939* #### §§ 37-5 to 37-10 Balt., Md., Code art. 19, § 37-5 to 37-10 (2026) Reserved #### § 37-11 Enjoining custody. Balt., Md., Code art. 19, § 37-11 (2026) Any person convicted of violating the provisions of this subtitle may be enjoined from: (1) receiving or having the custody of any minor child or children; or (2) acting as officer or agent of any association, corporation, or other organization formed, operated, or maintained for the purpose of having the custody of or caring for any minor child or children. *History: Ord. 25-422* #### § 37-12 Enforcement by Social Services. Balt., Md., Code art. 19, § 37-12 (2026) It shall be the duty of the Department of Social Services to: (1) promptly investigate any complaint of a violation of the provisions of this subtitle; (2) prosecute any person so violating the said provisions; and (3) whenever they shall deem proper, seek the issuance of an injunction as above provided. *History: Ord. 25-422* *History: Ord. 77-573* #### § 37-13 Application of subtitle. Balt., Md., Code art. 19, § 37-13 (2026) This subtitle shall not be construed to repeal any existing provision of law, but shall be in addition to any existing provisions of law on this subject. *History: Ord. 25-422* ### Subtitle 38 – Minors - Miscellaneous #### § 38-1 Enticing minor into vehicle. Balt., Md., Code art. 19, § 38-1 (2026) (a) Except as otherwise specified in this section, no person may, by any means, solicit, coax, entice, or lure any minor to enter into any vehicle, regardless of whether the person knows the age of the minor. (b) This section does not apply to: (1) a person who has express or implied permission from the minor’s parent, guardian, or other legal custodian for the activity; or (2) a law enforcement officer, medic, firefighter, or other person who undertakes the activity: (i) in response to a bona fide emergency situation; or (ii) otherwise in the reasonable belief that it was necessary to preserve the health, safety, or welfare of the minor. (c) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or both fine and imprisonment for each offense. *History: Ord. 87-940* *History: Ord. 09-143* *History: Ord. 22-125* #### § 38-2 Balt., Md., Code art. 19, § 38-2 (2026) Reserved ### Subtitle 39 – Replica Guns #### Part 1 – In General ##### § 39-1 “Replica gun” defined. Balt., Md., Code art. 19, § 39-1 (2026) (a) In this subtitle, “replica gun” means any toy, imitation, facsimile, or replica pistol, revolver, shotgun, rifle, air rifle, B-B gun, pellet gun, machine gun, or other simulated weapon, which because of its color, size, shape, or other characteristics, can reasonably be perceived to be a real firearm. (b) “Replica gun” does not include any toy, imitation, facsimile, or replica firearm that is in compliance with U.S. Code Title 15, Chapter 76, § 5001 {“Penalties for entering into commerce of imitation firearms”} and its implementing regulations in 15 C.F.R. § 272.3 {“Marking of Toy, Look–Alike and Imitation Firearms: Approved markings”}. *History: Ord. 16-593* ##### § 39-2 Possession prohibited. Balt., Md., Code art. 19, § 39-2 (2026) Except as otherwise provided in this subtitle, no person may own, carry, or possess a replica gun in the City of Baltimore. *History: Ord. 16-593* ##### § 39-3 Exemptions. Balt., Md., Code art. 19, § 39-3 (2026) (a) § 39-2 {“Possession prohibited”} of this subtitle does not apply to a replica gun if the replica gun is: (1) actively being transported in intrastate, interstate, or foreign commerce; or (2) used primarily for: (i) the production of a television program, a theatrical or motion picture presentation, or a historical reenactment, provided the use complies with all applicable laws, rules, or regulations concerning the use; (ii) a firearm training class taught by a certified qualified firearm instructor pursuant to Maryland law; (iii) competitions, or in training for competitions, that test the shooting skills of competitors; (iv) display or use on real property owned by the owner of a replica gun, provided the display or use complies with all applicable laws, rules, or regulations concerning the display or use; or (v) paintball, provided the use complies with City Code Article 19, § 59-26 {“Gas- or air-pellet guns”}. (b) A replica gun must be stored in a locked case or affixed to a wall at all times when not in use for an exempt use under paragraph (a)(2) of this section in order to qualify for the exemption. *History: Ord. 16-593* #### Part 2 – Seizure and Forfeiture ##### § 39-4 Seizure and forfeiture authorized. Balt., Md., Code art. 19, § 39-4 (2026) A replica gun is subject to seizure and forfeiture if it is found in violation of this subtitle. *History: Ord. 16-593* ##### § 39-5 Seizure by police. Balt., Md., Code art. 19, § 39-5 (2026) (a) A police officer need not have a warrant to seize a replica gun if: (1) the police officer has probable cause to believe the replica gun is in violation of this subtitle; and (2) a warrant is not constitutionally required under the circumstances. (b) Whenever a police officer seizes a replica gun under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner. (c) A replica gun seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it. *History: Ord. 16-593* ##### § 39-6 Referral to Solicitor. Balt., Md., Code art. 19, § 39-6 (2026) (a) Promptly after seizure, the City Solicitor must be notified in writing of the facts and circumstances supporting the seizure. (b) (1) On receiving the report, the Solicitor must conduct an independent review of the facts and circumstances surrounding the seizure. (2) If the Solicitor finds sufficient evidence that the alleged replica gun was in violation of this subtitle, the Solicitor must notify the replica gun’s owner, by registered or certified mail, of the seizure and of the owners right to seek the return of the replica gun under § 39-7 {“Judicial review”} of this subtitle. (3) If, on the other hand, the Solicitor finds that there is insufficient evidence to prove a violation, the Solicitor must surrender the alleged replica gun to the owner on the owner’ request. *History: Ord. 16-593* ##### § 39-7 Judicial review. Balt., Md., Code art. 19, § 39-7 (2026) (a) The owner of a replica gun seized under this subtitle may petition the District Court for Baltimore City for the return of the replica gun. (b) A petition under this section must be filed within 30 days of the notification required by § 39-6(b)(2). *History: Ord. 16-593* ##### § 39-8 Balt., Md., Code art. 19, § 39-8 (2026) Reserved ##### § 39-9 Forfeiture. Balt., Md., Code art. 19, § 39-9 (2026) (a) If the court determines that the replica gun should be forfeited, the court may order the replica gun forfeited to the City or provide other means to dispose of the replica gun. (b) A replica gun that has been seized by the City is deemed forfeited to the City if the replica gun owner has not timely filed in the District Court for the return of the replica gun under § 39-7 {“Judicial review”} of this subtitle. (c) A replica gun that has been forfeited to the City must be destroyed. *History: Ord. 16-593* ##### § 39-10 Order of release. Balt., Md., Code art. 19, § 39-10 (2026) If, after a full hearing, the court determines that the replica gun should not be forfeited, the court shall order the replica gun released. *History: Ord. 16-593* ##### § 39-11 Balt., Md., Code art. 19, § 39-11 (2026) Reserved #### Part 3 – Penalties ##### § 39-12 Enforcement by civil citation. Balt., Md., Code art. 19, § 39-12 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, § 39-2 of this Subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce § 39-2 of this Subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 16-593* ##### § 39-13 Criminal penalties for 3rd or subsequent offense. Balt., Md., Code art. 19, § 39-13 (2026) Any person who violates any provision of this subtitle after having twice previously been found to have violated this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 30 days or to both fine and imprisonment for each offense. *History: Ord. 16-593* ### Subtitle 40 – Unregistered Motorcycles and Similar Vehicles #### Part 1 – Definitions; General Provisions ##### § 40-1 Definitions. Balt., Md., Code art. 19, § 40-1 (2026) (a) In this subtitle, the following words have the meaning indicated. (b) “Department” means the Department of Transportation. (c) (1) “Dirt bike” means, except as provided in paragraph (3) of this subsection, any motorcycle or similar vehicle that is not registered under the Maryland Vehicle Law. (2) “Dirt bike” includes: (i) a minibike; (ii) an all-terrain vehicle of either the 3- or 4-wheel variety; and (iii) except as provided in paragraph (3) of this subsection, any other motorcycle or similar vehicle that is not eligible for registration under the Maryland Vehicle Law. (3) “Dirt bike” does not include: (i) a moped, as defined in State Transportation Article § 11-134.1; or (ii) a motor scooter, as defined in State Transportation Article § 11-134.5. (d) (1) “Minibike” means, except as provided in paragraph (2) of this subsection, a motor vehicle that: (i) has a saddle for the use of the rider; (ii) is designed to travel on not more than 3 wheels in contact with the ground; (iii) is not eligible for registration under the Maryland Vehicle Law; and (iv) has: A. a 10-inch (254 mm) or less nominal wheel-rim diameter; B. 40 inches or less wheel base; C. 25 inches or less seat height, measured at the lowest point on the top of the seat cushion without rider; or D. a propelling engine with piston displacement of 50 cc or less. (2) “Minibike” does not include: (i) a moped, as defined in State Transportation Article § 11-134.1; or (ii) a motor scooter, as defined in State Transportation Article § 11-134.5. (e) (1) “Motorcycle or similar vehicle” means any motor vehicle that is designed to travel on not more than 3 wheels in contact with ground. (2) “Motorcycle or similar vehicle” includes a minibike. (f) “Unregistered motorcycle or similar vehicle” means a motorcycle or similar vehicle that: (1) is eligible for registration under the Maryland Vehicle Law; but (2) is not in fact registered. *History: Ord. 00-040* *History: Ord. 07-398* *History: Ord. 07-504* *History: Ord. 08-063* *History: Ord. 09-217* *History: Ord. 16-503* ##### § 40-2 Exclusions from subtitle. Balt., Md., Code art. 19, § 40-2 (2026) (a) This subtitle does not apply to any of the following while being used for their designed purposes: (1) tractors; (2) snowblowers; (3) lawn mowers; (4) wheel chairs; or (5) golf carts. (b) This subtitle does not apply to any vehicle owned and operated by an agency or instrumentality of Federal, State, City, or other local government. *History: Ord. 00-040* ##### § 40-3 Rules and regulations. Balt., Md., Code art. 19, § 40-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department of Transportation may adopt rules and regulations to carry out this subtitle. *History: Ord. 00-040* *History: Ord. 07-398* *History: Text Conformed 02/21/21* ##### §§ 40-4 to 40-5 Balt., Md., Code art. 19, § 40-4 to 40-5 (2026) Reserved #### Part 2 – Prohibited Operations ##### § 40-6 Driving or riding; leaving unimmobilized. Balt., Md., Code art. 19, § 40-6 (2026) (a) No person may drive or ride any dirt bike or any unregistered motorcycle or similar vehicle on any public or private property that is located in Baltimore City or, wherever located, that is owned or regulated by the City. (b) No person may own, control, possess, or have custody of any dirt bike or any unregistered motorcycle or similar vehicle in Baltimore City unless the vehicle is securely locked or otherwise immobilized by a wheel clamp or other object, device, method, or mechanism, whether attached to the vehicle or not, that: (1) prevents the vehicle from being freely moved; and (2) cannot be removed or deactivated without the assistance of the vehicle’s owner. *History: Ord. 00-040* *History: Ord. 01-144* *History: Ord. 08-060* ##### § 40-7 Permitting another to drive or ride. Balt., Md., Code art. 19, § 40-7 (2026) No owner or other person in control or custody of a dirt bike or an unregistered motorcycle or similar vehicle may permit it to be driven or ridden by any other person on any public or private property that is located in Baltimore City or, wherever located, that is owned or regulated by the City. *History: Ord. 00-040* *History: Ord. 01-144* ##### § 40-8 Parents and guardians. Balt., Md., Code art. 19, § 40-8 (2026) No parent or guardian of a minor may knowingly permit the minor to violate any provision of § 40-6 or § 40-7 of this subtitle. *History: Ord. 00-040* ##### § 40-9 Motor fuel sales. Balt., Md., Code art. 19, § 40-9 (2026) (a) No service station nor any other person may sell, transfer, or dispense motor fuel for delivery into any dirt bike or into any unregistered motorcycle or similar vehicle. (b) (1) In addition to any other civil or criminal remedy or enforcement procedure, this section may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (2) The issuance of a civil citation to enforce this section does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 00-130* *History: Ord. 04-683* ##### § 40-10 Balt., Md., Code art. 19, § 40-10 (2026) Reserved #### Part 3 – Seizure and Forfeiture ##### § 40-11 When authorized. Balt., Md., Code art. 19, § 40-11 (2026) (a) Except as provided in subsection (b) of this section, a dirt bike or unregistered motorcycle or similar vehicle is subject to seizure and forfeiture if it is used in violation of this subtitle. (b) A vehicle may not be forfeited under this subtitle solely because of an act or omission by a person other than the vehicle’s owner committed or omitted while the vehicle was unlawfully in that other person’s possession. *History: Ord. 00-040* *History: Ord. 07-398* ##### § 40-12 Seizure by police. Balt., Md., Code art. 19, § 40-12 (2026) (a) A police officer need not have a warrant to seize a vehicle if: (1) the police officer has probable cause to believe the vehicle has been used in violation of this subtitle; and (2) a warrant is not constitutionally required under the circumstances. (b) Whenever a police officer seizes a vehicle under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner. (c) A vehicle seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it. *History: Ord. 00-040* *History: Ord. 07-398* ##### § 40-13 Referral to Solicitor. Balt., Md., Code art. 19, § 40-13 (2026) (a) Promptly after seizure, the Police Department shall notify the City Solicitor in writing of the facts and circumstances supporting the seizure. (b) (1) On receiving the report, the Solicitor shall conduct an independent review of the facts and circumstances surrounding the seizure. (2) If the Solicitor finds sufficient evidence that the vehicle was used in violation of this subtitle, the Solicitor shall notify the vehicle’s owner, by registered or certified mail, of the seizure and of the City’s intent to institute forfeiture proceedings. (3) If, on the other hand, the Solicitor finds that there is insufficient evidence to prove violation, the Solicitor shall surrender the vehicle to the owner on the owner’s request. *History: Ord. 00-040* ##### § 40-14 Forfeiture petition; notice. Balt., Md., Code art. 19, § 40-14 (2026) (a) If the Solicitor determines that the vehicle should be forfeited, the Solicitor shall, within 90 days after the seizure of the vehicle: (1) file a forfeiture petition in a court of competent jurisdiction, in the name of the City against the vehicle, as designated by make, model, year, and motor or serial number; and (2) at the same time, send copies of the petition by registered or certified mail to the owner and any known secured party. (b) The petition for forfeiture shall contain: (1) the name of the registered owners of the vehicle; (2) the name of any secured party whose interest appears among the records maintained by the Clerk of the Circuit Court for Baltimore City; (3) a statement of the facts and circumstances surrounding the seizure of the vehicle; (4) a statement of the specific grounds for forfeiture; and (5) a request that the vehicle be forfeited to the City. (c) (1) Within 7 days of the petition’s filing, the Solicitor shall publish notice of the seizure and forfeiture proceeding in 1 or more newspapers of general circulation in the City. (2) The notice shall: (i) state the substance and object of the forfeiture petition; and (ii) state that any person claiming an interest in the seized vehicle must file a defense to the petition within 15 days of the date of the notice. *History: Ord. 00-040* *History: Ord. 08-060* ##### § 40-15 Answer to petition. Balt., Md., Code art. 19, § 40-15 (2026) (a) Any defense to the petition must be filed within 15 days after publication of the notice. (b) (1) All defenses to a petition for forfeiture must be made by answer. (2) The answer must: (i) comply with the Maryland Rules of Procedure as to form and contents; (ii) be divided into numbered paragraphs, each containing a separate and distinctive averment; and (iii) respond to each material allegation contained in the petition, specifically admitting, denying, or explaining the facts alleged, unless the respondent is without knowledge or an admission or explanation would tend to incriminate the respondent, in either of which events the respondent must so state and that statement will operate as a denial. (c) (1) Every allegation in the petition that is not denied in the answer is considered admitted, except as to persons unknown. (2) New or affirmative matter alleged in the answer is considered denied or avoided by the petitioner without the need of any replication, unless the court orders otherwise. *History: Ord. 00-040* ##### § 40-16 Balt., Md., Code art. 19, § 40-16 (2026) Reserved ##### § 40-17 Order of forfeiture. Balt., Md., Code art. 19, § 40-17 (2026) (a) (1) If the court determines that the vehicle should be forfeited, the court shall order the vehicle forfeited to the City. (2) If, however, the court determines that the vehicle is subject to a bona fide recorded security interest created without the knowledge that the vehicle was being or was to be used in violation of this subtitle, the court shall order that the vehicle be released within 5 days to the secured party of record. (b) (1) The secured party: (i) shall sell the vehicle in a commercially reasonable manner; and (ii) may not sell the vehicle to the owner or other person from whom it was seized. (2) The proceeds of the sale shall be applied as follows: (i) to the court costs of the forfeiture proceedings; (ii) to the balance due to the secured party, including all reasonable costs incident to the sale; (iii) to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure, maintenance, or custody; and (iv) to the general funds of the City. (c) A vehicle that has been ordered forfeited to the City may be: (1) sold as provided in City Code Article 31, Subtitle 31, Part 5; (2) transferred to a charitable organization for export abroad, as provided in City Code Article 31, § 31-58(c); or (3) destroyed. *History: Ord. 00-040* *History: Ord. 02-285* *History: Ord. 08-060* ##### § 40-18 Order of release. Balt., Md., Code art. 19, § 40-18 (2026) If, after a full hearing, the court determines that the vehicle should not be forfeited, the court shall order the vehicle released. *History: Ord. 00-040* ##### §§ 40-19 to 40-20 Balt., Md., Code art. 19, § 40-19 to 40-20 (2026) Reserved #### Part 4 – Penalties ##### § 40-21 Penalties. Balt., Md., Code art. 19, § 40-21 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense or to imprisonment for not more than 90 days, or both fine and imprisonment, for each offense. *History: Ord. 00-040* *History: Ord. 00-130* *History: Ord. 07-398* ### Subtitle 41 – Outdoor Telephones #### § 41-1 Balt., Md., Code art. 19, § 41-1 (2026) Reserved #### § 41-2 Prohibited placement. Balt., Md., Code art. 19, § 41-2 (2026) A person may not install an outdoor telephone: (1) in any public right-of-way without a minor privilege permit issued by or under the authority of the Board of Estimates; or (2) on any other public or private property without: (i) approval of the owner of the property; and (ii) all permits required by the Public Service Commission. *History: Ord. 99-487* *History: Ord. 15-435* #### § 41-3 Enforcement by citation. Balt., Md., Code art. 19, § 41-3 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-487* *History: Ord. 03-595* #### § 41-4 Balt., Md., Code art. 19, § 41-4 (2026) Reserved #### § 41-5 Balt., Md., Code art. 19, § 41-5 (2026) Reserved #### § 41-6 Penalties. Balt., Md., Code art. 19, § 41-6 (2026) (a) Any person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of $1,000 for each offense, in addition to costs for removal. (b) Each day that a violation continues constitutes a separate offense. *History: Ord. 99-487* ### Subtitle 42 – Press Cards for News Media #### § 42-1 Commissioner authorized to issue. Balt., Md., Code art. 19, § 42-1 (2026) The Police Commissioner of Baltimore City is authorized to issue personal press identification cards and press vehicle identification cards to any employee of a newspaper, news gathering agency, news photography agency, motion picture newsreel agency, radio broadcasting company, or television company operating in Baltimore City who is designated by his employer to gather information or pictures for distribution or broadcast to the general public as news. *History: Ord. 1894-132* *History: Ord. 14-478* *History: Ord. 45-271* *History: Ord. 49-842* *History: Ord. 60-210* #### § 42-2 Applications. Balt., Md., Code art. 19, § 42-2 (2026) Application for such identification cards shall be made by the individual employee, with appropriate verification of his employment responsibilities and duties, to the Police Commissioner on forms to be designated by the Police Commissioner. *History: Ord. 1894-132* *History: Ord. 14-478* *History: Ord. 45-271* *History: Ord. 49-842* *History: Ord. 60-210* #### § 42-3 Issuance, term, revocation. Balt., Md., Code art. 19, § 42-3 (2026) (a) Upon approval of personal press identification card applications or press vehicle identification card applications, the Police Commissioner of Baltimore City may issue personal press identification cards and/or press vehicle identification cards to qualified applicants, which cards shall be subject to revocation at sound discretion of the Police Commissioner. (b) The personal press identification cards and press vehicle identification cards shall not be issued for a period longer than 1 year. (c) Qualified persons may be granted renewal personal press identification cards and/or press vehicle identification cards upon application. *History: Ord. 60-210* #### § 42-4 Rules and regulations. Balt., Md., Code art. 19, § 42-4 (2026) The Police Commissioner of Baltimore City is authorized to promulgate and issue rules and regulations concerning: (1) application procedures; and (2) temporary emergency parking and standing privileges and emergency area admittance privileges for holders of personal press identification cards and/or press vehicle identification cards. *History: Ord. 60-210* #### § 42-5 Prohibited conduct; penalties. Balt., Md., Code art. 19, § 42-5 (2026) Any person who shall: (1) obtain or attempt to obtain either a personal press identification card or a press vehicle identification card contrary to the requirements of this subtitle; (2) duplicate, attempt to duplicate, counterfeit, or attempt to counterfeit, a personal press identification card and/or press vehicle identification card; (3) fail to surrender to the Police Commissioner any personal press identification card or press vehicle identification card within 3 days after notice of revocation of such card; or (4) fraudulently display such a card or display it contrary to the rules and regulations promulgated by the Police Commissioner pursuant to this subtitle, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $5 nor more than $100, in the discretion of the court. *History: Ord. 60-210* ### Subtitle 43 – Public Nuisances #### § 43-1 Definitions. Balt., Md., Code art. 19, § 43-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Assignation” means an appointment or engagement for prostitution or any act in furtherance of the appointment or engagement. (c) “Commissioner” means the Police Commissioner of Baltimore City or the Commissioner’s designee. (d) “Controlled dangerous substance” means a substance listed in Schedule I or Schedule II under State Criminal Law Article § 5-402 or § 5-403. (e) “Controlled paraphernalia” has the meaning stated in State Criminal Law Article § 5-101. (f) “Crime of violence” has the meaning stated in State Criminal Law Article § 14-101. (g) “Operator” means any person who has charge, care, or control of a premises or structure. (h) “Owner” means the person in whose name a premises is recorded in the Land Records of Baltimore City. (i) “Premises” means all or any part of any land, building, or other structure. (j) “Prostitution” means the performance of a sexual act, sexual contact, or vaginal intercourse, as these terms are defined in State Criminal Law Article § 3-301, for hire. (k) (1) “Public nuisance” means any premises that, on 2 or more separate occasions within a 24-month period, were used: (i) for prostitution, lewdness, or assignation; (ii) for illegal adult entertainment; (iii) by persons who assemble for the specific purpose of illegally administering a controlled dangerous substance; (iv) for the illegal manufacture or distribution of: (A) a controlled dangerous substance; or (B) controlled paraphernalia; (v) for the illegal storage or concealment of a controlled dangerous substance or controlled paraphernalia in sufficient quantity to reasonably indicate under all the circumstances an intent to manufacture, distribute, or dispense: (A) a controlled dangerous substance; or (B) controlled paraphernalia; (vi) for gambling; (vii) for storage or possession of stolen property; (viii) for storage or possession of unregistered firearms; (ix) for furtherance of a crime of violence; (x) by persons who engage in a crime of violence on or near the premises; or (xi) for criminal gang offenses prohibited under State Criminal Law Article 9, Subtitle 8. (2) Two reports by police officers, written in the regular course of business, of a premises’ having been used for activities described in paragraph (1) of this subsection are prima facie evidence that the premises are a public nuisance. *History: Ord. 86-642* *History: Ord 89-373* *History: Ord. 07-619* *History: Ord. 08-012* *History: Ord. 22-125* #### § 43-2 Balt., Md., Code art. 19, § 43-2 (2026) Reserved #### § 43-3 Nuisance abatement authorized. Balt., Md., Code art. 19, § 43-3 (2026) (a) On determining that a public nuisance exists, the Commissioner may: (1) order the discontinuance of the public nuisance in the premises where the public nuisance exists; or (2) order the closing of the premises to the extent necessary to abate the nuisance. (b) (1) Except as specified in paragraph (2) of this subsection, if the premises consists entirely of residential units or mixed residential and other use units, and the public nuisance has occurred solely within 1 or more residential units, abatement authority is restricted to the residential units in which the public nuisance has occurred, and does not extend to any other unit in the premises. (2) The restrictions of paragraph (1) of this subsection do not apply to a public nuisance occurring in any: (i) motel; (ii) hotel; or (iii) rooming house or rooming unit, as those terms are defined in the Zoning Code of Baltimore City. *History: Ord. 86-642* *History: Ord. 89-373* *History: Ord. 99-547* *History: Ord. 07-619* #### § 43-4 Notice and opportunity for hearing. Balt., Md., Code art. 19, § 43-4 (2026) (a) Before issuing an order under this subtitle, the Commissioner shall give notice and an opportunity for a hearing to the owner and any operator of the premises and to any commercial tenant of the premises. (b) The notice shall state: (1) the date, place, and time of the hearing; (2) the right of the persons receiving the notice to be heard and to be represented at the hearing; and (3) the possible consequences of failure to appear, including the possible issuance of a default order directing the premises to be closed. (c) (1) The notice shall be given by personal service or by certified or registered mail to the owner, operator, and commercial tenant, as their names and addresses: (i) are recorded in the Land Records of Baltimore City; (ii) appear in the registration statement filed under City Code Article 13, Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, etc.”}; or (iii) are otherwise known or readily ascertainable. (2) In addition, the notice shall be posted on the premises. *History: Ord. 86-642* *History: Ord. 02-475* *History: Ord. 07-619* *History: Ord. 18-130* #### § 43-5 Applicable standards. Balt., Md., Code art. 19, § 43-5 (2026) (a) The Commissioner may order appropriate relief under § 43-3 of this subtitle without proof that an owner, operator, or tenant knew of the existence of the public nuisance. (b) Evidence that the nuisance has been discontinued at the time notice was provided or at the time of the hearing does not bar the Commissioner from imposing appropriate relief under § 43-3 of this subtitle. *History: Ord. 86-642* *History: Ord. 07-619* #### § 43-6 Issuance and enforcement of order. Balt., Md., Code art. 19, § 43-6 (2026) (a) Following the hearing procedure, the Commissioner shall: (1) on determining that a public nuisance exists, issue a written order in accordance with § 43-3 of this subtitle; or (2) on determining that a public nuisance does not exist, issue a written finding to that effect. (b) Following the hearing procedure, an order issued under this subtitle shall be posted on the premises and notice of the order shall be given to the persons and in the manner set forth in § 43-4 of this subtitle. (c) (1) After the order has been posted, as set forth in subsection (b) of this section, the order may be enforced on written directive of the Commissioner. (2) A closing shall be for the period that the Commissioner reasonably may direct, but in no event may the closing be for longer than 1 year. (d) A closing directed by the Commissioner under this subtitle is not an act of possession, ownership, or control by the City of Baltimore. (e) (1) The Commissioner may modify or rescind an order issued under this subtitle: (i) an owner or tenant affected by the order submits to the Commissioner a written request for modification or rescission; and (ii) a hearing is held on the request. (2) An owner or tenant submitting a request under this subsection shall attach to the request any documents or other evidence that the owner or tenant wishes the Commissioner to consider in ruling on the request. (3) The Commissioner may grant the request if the Commissioner determines that the nuisance has been abated. *History: Ord. 86-642* *History: Ord. 07-619* #### § 43-7 Balt., Md., Code art. 19, § 43-7 (2026) Reserved #### § 43-8 Rules and regulations. Balt., Md., Code art. 19, § 43-8 (2026) (a) The Commissioner shall adopt rules, regulations, and hearing procedures as necessary or proper to carry out this subtitle. (b) A copy of all rules, regulations, and procedures must be filed with the Department of Legislative Reference before they take effect. *History: Ord. 86-642* *History: Ord. 89-373* *History: Ord. 07-619* #### § 43-9 Judicial and appellate review. Balt., Md., Code art. 19, § 43-9 (2026) (a) Any person aggrieved by any act of the Commissioner taken under this subtitle may seek judicial review of that act by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 86-642* *History: Ord. 04-672* *History: Ord. 07-619* #### § 43-10 Balt., Md., Code art. 19, § 43-10 (2026) Reserved #### § 43-11 Prohibited conduct. Balt., Md., Code art. 19, § 43-11 (2026) (a) No person may destroy, remove, or deface an order posted by the Commissioner under this subtitle. (b) No person may: (1) intentionally disobey any proper order issued by the Commissioner under this subtitle; or (2) use or occupy or permit any other person to use or occupy any premises ordered closed under this subtitle. (c) If any person uses or occupies or permits any other person to use or occupy any premises ordered closed by the Commissioner: (1) the Commissioner may execute the terms of the order to close the premises; and (2) the person is liable for all costs incurred by the Commissioner in executing the terms of the order to close the premises. *History: Ord. 86-642* *History: Ord. 07-619* #### § 43-12 Penalties. Balt., Md., Code art. 19, § 43-12 (2026) (a) Any person who violates a provision of § 43-11 is guilty of a misdemeanor and, on conviction, is subject to the following penalties: (1) for a violation of § 43-11(a) {“Prohibited conduct: Destruction, etc., of posted order”}, the offender is subject to a fine of not more than $500; and (2) for a violation of § 43-11(b) {“Prohibited conduct: Failure to obey order”}, the offender is subject to a fine of not more than $500 or to imprisonment for not more than 90 days or to both fine and imprisonment. (b) Each day a violation continues is a separate offense. *History: Ord. 86-642* *History: Ord. 07-619* *History: Ord. 08-063* ### Subtitle 43A – Neighborhood Nuisances – Abatement #### § 43A-1 Definitions. Balt., Md., Code art. 19, § 43A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commissioner” means the Police Commissioner of Baltimore City or the Commissioner’s designee. (c) (1) “Neighborhood nuisance” means any premises where, on 2 or more separate occasions within a 6-month period before the start of a proceeding under this subtitle, an owner or tenant of the premises engaged in acts or created or maintained conditions that: (i) significantly affected neighboring residents by being disorderly in manner; or (ii) disturbed the peace of neighboring residents by: (A) making an unreasonably loud noise ; or (B) the unreasonable use of profanity, cursing, or swearing. (2) The 2nd report by a police officer, written in the regular course of business, of behavior or action of the type described in paragraph (1) of this subsection is prima facie evidence that a neighborhood nuisance has occurred. (d) “Operator” means any person who has charge, care, or control of a premises or structure. (e) “Owner” means the person in whose name a premises is recorded in the Land Records of Baltimore City. (f) “Premises” means all or any part of any land, building, or other structure. (g) (1) “Tenant” means a lessee or any person occupying property, whether or not a party to a lease. (2) “Tenant” includes a lessee or a person occupying a mobile home, whether or not a party to a lease. *History: Ord. 07-532* *History: Ord. 22-125* #### § 43A-2 Nuisance abatement authorized. Balt., Md., Code art. 19, § 43A-2 (2026) (a) On determining that a neighborhood nuisance exists, the Commissioner may: (1) order the discontinuance of the neighborhood nuisance in the premises where the nuisance exists; or (2) order the closing of the premises to the extent necessary to abate the nuisance. (b) (1) Except as specified in paragraph (2) of this subsection, if the premises consists entirely of residential units or mixed residential and other use units, and the neighborhood nuisance has occurred solely within 1 or more residential units, abatement authority is restricted to the residential units in which the neighborhood nuisance has occurred, and does not extend to any other unit in the premises. (2) The restrictions of paragraph (1) of this subsection do not apply to a neighborhood nuisance occurring in any: (i) hotel; (ii) motel; or (iii) rooming house or rooming unit, as those terms are defined in the Zoning Code of Baltimore City. *History: Ord. 07-532* #### § 43A-3 Notice and opportunity for hearing. Balt., Md., Code art. 19, § 43A-3 (2026) (a) Before the Commissioner issues an order under this subtitle, the Commissioner shall give notice and an opportunity for a hearing to the owner and to any operator and tenant of the premises. (b) The notice shall state: (1) the date, place, and time of the hearing; (2) the right of the persons receiving the notice to be heard and to be represented at the hearing; and (3) the possible consequences of failure to appear, including but not limited to the issuance of a default order directing the premises to be closed to the extent necessary to abate the nuisance. (c) (1) The notice shall be given by personal service or by certified or registered mail to the owner and to any operator or tenant of the premises, as their names and addresses: (i) are recorded in the Land Records of Baltimore City; (ii) appear in the registration statement filed under City Code Article 13, Subtitle 4 {“Registration of Non-Owner-Occupied Dwellings, etc.”}; or (iii) are otherwise known or readily ascertainable. (2) In addition, the notice shall be posted on the premises. *History: Ord. 07-532* *History: Ord. 18-130* #### § 43A-4 Issuance and enforcement of order. Balt., Md., Code art. 19, § 43A-4 (2026) (a) Following the hearing procedure, the Commissioner shall: (1) on determining that a neighborhood nuisance exists, issue a written order in accordance with § 43A-2; or (2) on determining that a neighborhood nuisance does not exist, issue a written finding so stating. (b) Following the hearing procedure, an order of the Commissioner issued under this subtitle shall be posted on the premises and notice of the order shall be given to those persons and in the manner set forth in § 43A-3 of this subtitle. (c) (1) After the order has been posted, as set forth in § 43A-3 of this subtitle, the order may be enforced. (2) A closing shall be for the period that the Commissioner reasonably may direct, but in no event may the closing be for longer than 1 year. (d) A closing directed by the Commissioner under this subtitle is not an act of possession, ownership, or control by the City of Baltimore. (e) (1) The Commissioner may modify or rescind an order issued under this subtitle if: (i) an owner or tenant affected by the order submits a written request to the Commissioner asking for the order to be modified or rescinded; and (ii) a hearing is held on the request. (2) An owner or tenant submitting a request under this subsection shall attach as an exhibit any documents or other evidence that the owner or tenant wishes the Commissioner to consider in ruling on the request. (3) The Commissioner may grant a request submitted under this subsection if the Commissioner determines that the nuisance has been abated. *History: Ord. 07-532* #### § 43A-5 Rules and regulations. Balt., Md., Code art. 19, § 43A-5 (2026) (a) The commissioner shall adopt rules, regulations, and hearing procedures as necessary or proper to carry out this subtitle. (b) A copy of all rules, regulations, and procedures must be filed with the Department of Legislative Reference before they take effect. *History: Ord. 07-532* #### § 43A-6 Judicial review. Balt., Md., Code art. 19, § 43A-6 (2026) (a) Any person aggrieved by any act of the Commissioner under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 07-532* #### § 43A-7 Prohibited conduct. Balt., Md., Code art. 19, § 43A-7 (2026) (a) No person may destroy, remove, or deface an order posted by the Commissioner under this subtitle (b) No person may: (1) intentionally disobey any proper order issued by the Commissioner under this subtitle; or (2) use or occupy or permit any other person to use or occupy any premises ordered closed under this subtitle. *History: Ord. 07-532* #### § 43A-8 Penalties. Balt., Md., Code art. 19, § 43A-8 (2026) (a) Any person who violates a provision of § 43A-7 is guilty of a misdemeanor and, on conviction, is subject to the following penalties: (1) for a violation of § 43A-7(a) {“Prohibited conduct: Destruction, etc., of posted order”}, the offender is subject to a fine of not more than $500; and (2) for a violation of § 43A-7(b) {“Prohibited conduct: Failure to obey order”}, the offender is subject to a fine of not more than $500 or to imprisonment for not more than 90 days or to both fine and imprisonment. (b) Each day that a violation continues is a separate offense. *History: Ord. 07-532* ### Subtitle 43B – Neighborhood Nuisances and Unruly Social Events #### § 43B-1 Definitions. Balt., Md., Code art. 19, § 43B-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Neighborhood nuisance” means any privately owned premises on or in which an owner, operator, tenant, or occupant of or the holder of any possessory interest in those premises: (1) acts in a disorderly manner that disturbs the public peace; or (2) creates or maintains conditions that let others act in a disorderly manner that disturbs the public peace. (c) (d) (1) “Alcoholic beverage” has the meaning stated in State Code Article 2B, § 1-102. (2) “Alcoholic beverage” includes any mixture of an alcoholic beverage with a non-alcoholic beverage. (e) “Family event” means a party or gathering where each underage person present is directly supervised by an adult family member who is 21 years old or over. (f) “Occupant” means any person occupying a premises, whether or not a party to a lease. (g) “Operator” means any person who has charge, care, or control of all or any part of a premises. (h) (1) “Owner” means: (i) the person in whose name a premises is recorded in the Land Records of Baltimore City; and (ii) any other person with a legal or equitable interest in a premises. (2) “Owner” includes a person who has an interest as a receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind. (3) “Owner” does not include the holder of a tax sale certificate until a judgment foreclosing all rights of redemption has been entered. (i) “Person responsible”, when used with reference to any premises, means the owner, operator, tenant, or occupant of or the holder of any possessory interest in those premises, whether alone or jointly with any other person. (j) “Premises” means all or any part of any land, building, or other structure. (k) “Tenant” means any tenant or lessee, whether under a written or oral lease. (l) “Underage person” means any individual who is under the age of 21. (m) “Unruly social event” means a party or gathering of 2 or more individuals on or in any privately owned premises at which: (1) alcoholic beverages are consumed by, furnished to, or possessed by any underage person in violation of law; or (2) the conduct creates a disturbance of the peaceful enjoyment by others of private or public property, including: (i) noise in excess of the levels set by City Code Health Article, Title 9 {“Noise Regulation”}, or other law; (ii) obstruction of public rights-of-way by unruly crowds; (iii) public drunkenness; (iv) assaults, batteries, or other disorderly conduct that disturbs the public peace; (v) vandalism of public or private property; (vi) littering; or (vii) any other conduct that constitutes a threat to the public health, safety, or general welfare. *History: Ord. 11-414* *History: Ord. 15-389* *History: Ord. 22-125* #### § 43B-2 Exemptions from subtitle. Balt., Md., Code art. 19, § 43B-2 (2026) The activities described in § 43B-1(o)(1) of this subtitle {underage consumption, possession, etc., of alcoholic beverages} do not apply to: (1) legally-protected religious activities; or (2) family events. *History: Ord. 15-389* #### § 43B-3 Balt., Md., Code art. 19, § 43B-3 (2026) Reserved #### § 43B-4 Duties of persons responsible. Balt., Md., Code art. 19, § 43B-4 (2026) (a) (1) Every person responsible for any premises is required to maintain, manage, and supervise the premises and all persons on or in the premises in a manner so as not to violate the provisions of this subtitle. (2) A person responsible for any premises remains liable for a neighborhood nuisance or an unruly social event even if that person was not present during the nuisance activity or the social event. (b) An owner or operator of the premises remains liable for violating this subtitle regardless of any contract or agreement with any third party regarding the premises. (c) (1) (i) In this subsection, the following terms have the meanings indicated. (ii) “Juvenile” means any individual who is under the age of 18. (iii) “Parent” means any natural parent, adoptive parent, step-parent, or foster parent. (2) If the person responsible for the premises on or in which a neighborhood nuisance or an unruly social event occurs is a juvenile, then the juvenile and the parents or legal guardians of the juvenile are jointly and severally liable for the civil penalties imposed by this subtitle. *History: Ord. 15-389* #### § 43B-5 Prohibited conduct. Balt., Md., Code art. 19, § 43B-5 (2026) No person responsible for any premises may conduct, cause, permit, aid, or condone a neighborhood nuisance or any unruly social event on or in those premises. *History: Ord. 11-414* *History: Ord. 15-389* #### §§ 43B-6 to 43B-7 Balt., Md., Code art. 19, § 43B-6 to 43B-7 (2026) Reserved #### § 43B-8 Enforcement by citation. Balt., Md., Code art. 19, § 43B-8 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation, as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) (1) A civil citation may be issued under this subtitle without proof that the cited owner, operator, tenant, occupant, or holder of a possessory interest knew of or participated in the neighborhood nuisance or unruly social event. (2) For a civil citation issued under this subtitle to the owner or operator of leased property, it is a defense to any fine imposed on the owner or operator that: (i) the owner or operator neither authorized, knew in advance of, nor participated in the neighborhood nuisance or unruly social event; and (ii) the owner or operator provides proof: (A) that the owner or operator has regained possession of the leased property; or (B) that the owner or operator has filed court proceedings under State Real Property Article § 8-402.1 {“Breach of lease”} and City Public Local Laws § 9-14, as applicable, to regain possession of the leased property and that: 1. the court has entered a judgment in favor of the owner or operator; or 2. those court proceedings are still pending at the time the citation is being adjudicated, in which case the court adjudicating the citation may postpone its proceedings until the conclusion of the court proceedings to regain possession. (3) For purposes of court proceedings filed under paragraph (2)(ii)(B) of this subsection, it is the intent of the Mayor and City Council that a violation of this subtitle shall be construed as demonstrating a clear and imminent danger that the persons responsible or others involved will do serious harm to themselves or others, within the scope and meaning of State Real Property Article § 8-402.1(a)(1)(i)2.B. *History: Ord. 11-414* *History: Ord. 15-389* #### § 43B-9 Balt., Md., Code art. 19, § 43B-9 (2026) Reserved #### § 43B-10 Balt., Md., Code art. 19, § 43B-10 (2026) Reserved ### Subtitle 44 – Scavenging Recyclable Materials #### § 44-1 “Scavenging” defined. Balt., Md., Code art. 19, § 44-1 (2026) “Scavenging” means removing recyclable materials from a designated recycling container or area without approval from the owner or operator of the recycling operation designated to recover and process the materials. *History: Ord. 91-665* #### § 44-2 Prohibited conduct. Balt., Md., Code art. 19, § 44-2 (2026) It is unlawful for any person not authorized by the Director of Public Works to remove or cause to be removed, any materials separated for the purpose of recycling and set at curbside or other pick-up locations for collection by authorized collectors. *History: Ord. 91-665* *History: Ord. 15-435* #### § 44-3 Balt., Md., Code art. 19, § 44-3 (2026) Reserved #### § 44-4 Penalties. Balt., Md., Code art. 19, § 44-4 (2026) Any person violating a provision of this subtitle is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500. *History: Ord. 91-665* ### Subtitle 45 – Signs - On or Affecting Public Property #### § 45-1 Definitions. Balt., Md., Code art. 19, § 45-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “City” means the Mayor and City Council of Baltimore. (c) “Sign” includes any bill, poster, placard, handbill, flyer, painting, notice, advertisement, or other similar object or matter that contains printed or written matter in words, symbols, pictures, or any combination of them. *History: Ord. 85-478* *History: Ord. 99-520* *History: Ord. 22-125* #### § 45-2 Postings prohibited. Balt., Md., Code art. 19, § 45-2 (2026) No person may post, place, or affix a sign: (1) on any building owned, leased, or controlled by the City; (2) on or within the confines of any public park, recreation area, or other landscaped grounds owned or operated by the City; (3) on any flagpole or tree owned by the City; (4) on any traffic-control sign or device, including but not limited to, stop lights and their standards, stop signs, yield signs, 1-way street signs, and any other sign or device that directs traffic or controls traffic signals, or on the supporting post of any traffic-control sign or device; (5) in any way that: (i) blocks a motorist’s, cyclist’s, or pedestrian’s view of a traffic-control sign or device so as to create a hazard; (ii) protrudes into a street or sidewalk so as to interfere with the safe passage of the public; or (iii) otherwise poses a hazard to motorists, pedestrians, or cyclists; (6) on any other property owned, leased, or controlled by the City; or (7) on any pole, building or property that is owned, leased, or controlled by a public utility and located within or on any public street, alley, or other public property. *History: Ord. 85-478* *History: Ord. 99-520* #### § 45-3 Removal of illegal signs. Balt., Md., Code art. 19, § 45-3 (2026) (a) For any sign posted in violation of § 45-2(1) through (6) of this subtitle, the Department of Housing and Community Development may: (1) summarily remove the sign or make the appropriate referral to have the sign removed; or (2) send written notice to the person responsible, as described in § 45-5 of this subtitle, ordering that person to remove the sign within the time specified in the notice. (b) (1) For any sign posted in violation of § 45-2(1) through (6) of this subtitle, any individual may: (i) summarily remove the sign; and (ii) either: (A) discard the sign in an appropriate manner; or (B) submit the sign to the Department of Housing and Community Development for further enforcement proceedings. (2) A submission to the Department of Housing and Community Development for further enforcement proceedings: (i) must be accompanied by an affidavit, in the form and tenor required by the regulations adopted under § 45-4 of this subtitle, that describes the circumstances of the violation and removal; and (ii) may designate a non-profit community or neighborhood association listed with the Department of Planning to share in any fines that might be collected in the matter. (3) An association so designated is entitled to receive 50% of any fine collected under City Code Article 1, Subtitle 40 {“Environmental Control Board”} or Subtitle 41 {“Civil Citations”}. (c) For any sign posted in violation of § 45-2(7) of this subtitle: (1) the public utility may summarily remove the sign; or (2) the public utility or the Department of Housing and Community Development may send written notice to the person responsible, as described in § 45-5 of this subtitle, ordering that person to remove the sign within the time specified in the notice. *History: Ord. 85-478* *History: Ord. 99-520* *History: Ord. 06-232* *History: Ord. 07-622* #### § 45-4 Liability for costs and expenses. Balt., Md., Code art. 19, § 45-4 (2026) (a) Any person who posts a sign in violation of this subtitle and any other person responsible for the sign, as described in § 45-5 of this subtitle, is liable to the City or to the public utility, as the case may be, for the costs of: (1) removing the sign; and (2) repairing any damage caused by the placement or removal of the sign. (b) (1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner of Housing and Community Development shall adopt regulations to provide for the removal of signs illegally placed on City property. (2) The regulations shall include: (i) charges to be assessed for the costs of removing illegal signs and repairing damages; (ii) rules, procedures, and forms to carry out § 45-3(b) {“Removal of illegal signs: From City property – by others”} of this subtitle; and (iii) provisions that require the Director to report: (A) the name of the person or entity represented on the material removed; (B) the number of advertisements, notices, or other signs removed; (C) the location of the material; and (D) the type of structure from which the material was removed. *History: Ord. 85-478* *History: Ord. 99-520* *History: Ord. 06-232* *History: Ord. 07-622* *History: Text Conformed 02/21/21* #### § 45-5 Persons responsible. Balt., Md., Code art. 19, § 45-5 (2026) (a) (1) In the case of a political campaign, a candidate for any office and the chairman and treasurer of any registered political committee is presumptively liable for the costs of sign removal imposed by § 45-4 of this subtitle, as well as for the civil and criminal penalties imposed by this subtitle, if the candidate or the committee was responsible for printing the sign. If the liability is contested, the burden of overcoming the presumption is on the contesting party. (2) A candidate for public office shall, at the time of filing with the Board of Supervisors of Elections for the candidacy, sign a written statement that acknowledges the candidate’s responsibilities under this subtitle. Failure to sign the statement does not affect the liability of the candidate for the penalties and costs provided for in this subtitle. (b) In all other cases, the person whose name, event, business, location, or merchandise is written on the sign is presumptively liable for the charges imposed by § 45-4 of this subtitle, as well as for the civil and criminal penalties imposed by this subtitle. The burden of overcoming the presumption is on the contesting party. *History: Ord. 85-478* *History: Ord. 07-622* #### § 45-6 Balt., Md., Code art. 19, § 45-6 (2026) Reserved #### § 45-7 Enforcement; penalties. Balt., Md., Code art. 19, § 45-7 (2026) (a) (1) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (i) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (ii) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (2) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (b) Any person who posts a sign in violation of this subtitle or who fails to comply with a notice to remove a sign posted in violation of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each sign. *History: Ord. 85-478* *History: Ord. 99-520* *History: Ord. 03-595* ### Subtitle 46 ### Subtitle 47 – Soliciting and Aggressive Soliciting #### § 47-1 Definitions. Balt., Md., Code art. 19, § 47-1 (2026) (a) “Aggressive soliciting” means soliciting which is accompanied by 1 or more of the following: (1) approaching, speaking to, or following a person in such a manner as would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person or upon property in the person’s immediate possession; (2) in the course of soliciting, touching another person without that person’s consent; (3) continuously soliciting from a person or following the person after the person has made a negative response; (4) intentionally blocking or interfering with the safe passage of a person or a vehicle by any means, including unreasonably causing a person to take evasive action to avoid physical contact; (5) using obscene or abusive language either during the course of soliciting or following a refusal; or (6) acting with the intent of intimidating another person into giving money or another thing of value. (b) “Place open to the general public” means sidewalks, streets, alleys, driveways, parking lots and garages, parks, plazas, buildings, doorways and entrances to buildings, the grounds enclosing buildings, or the mall and/or adjacent parking areas of any shopping center to which the general public is invited for business purposes. (c) (1) “Soliciting” means any act by which 1 person requests an immediate donation of money or other thing of value from another or others in person, regardless of the solicitor’s purpose or intended use of the money or other thing of value. (2) The solicitation may be oral, written, or by other means of communication. *History: Ord. 93-275* *History: Ord. 94-447* #### § 47-2 Findings and declarations. Balt., Md., Code art. 19, § 47-2 (2026) The Mayor and City Council: (1) finds and declares that aggressive soliciting and soliciting in certain places and circumstances have a detrimental effect on the creation of a safe environment in the City of Baltimore; and (2) finds that restricting certain acts, without prohibiting soliciting, is a necessary exercise of the police, health, and welfare power in order to maintain the peace and good government of Baltimore City and to preserve and protect the rights of all citizens. *History: Ord. 93-275* *History: Ord. 94-447* *History: Ord. 04-672* #### § 47-3 Aggressive soliciting in public places prohibited. Balt., Md., Code art. 19, § 47-3 (2026) It is unlawful for any person to engage in aggressive soliciting in any place open to the general public. *History: Ord. 93-275* *History: Ord. 94-447* #### § 47-4 Soliciting in certain ways and places prohibited. Balt., Md., Code art. 19, § 47-4 (2026) It is unlawful for any person to engage in soliciting: (1) within 10 feet of any automatic teller machine (ATM); (2) in any public transportation vehicle or at any bus, train, light rail, or subway station or stop; (3) on private property or residential property, if the owner, tenant, or occupant has asked the person not to solicit on the property or has posted a sign on the property indicating no soliciting; (4) from any operator or occupant of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle’s windows or otherwise; or (5) from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public parking space or directing the occupant to a public parking space. *History: Ord. 93-275* *History: Ord. 94-447* #### § 47-5 Nighttime soliciting prohibited. Balt., Md., Code art. 19, § 47-5 (2026) (a) Except as provided in subsection (b) of this section, no person may engage in soliciting between sunset and sunrise. (b) This section does not apply to soliciting that is done solely: (i) by passively standing or sitting with a sign or other indication that one is seeking donations; and (ii) without addressing any oral or other solicitation to any specific person other than in response to an inquiry by that person. (c) (1) This section may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (2) A citation may be issued under this section only by a police officer. (3) No person may be imprisoned for a violation of this section, for failing to pay a fine imposed under this section, or for failing to appear in court. *History: Ord. 04-675* #### § 47-6 Balt., Md., Code art. 19, § 47-6 (2026) Reserved #### § 47-7 Other soliciting permitted. Balt., Md., Code art. 19, § 47-7 (2026) “Soliciting” as defined in § 47-1(c) of this subtitle is lawful except only as specified in this subtitle. *History: Ord. 93-275* *History: Ord. 94-447* *History: Ord. 04-675* #### § 47-8 Balt., Md., Code art. 19, § 47-8 (2026) Reserved #### § 47-9 Penalties. Balt., Md., Code art. 19, § 47-9 (2026) (a) Except as provided in subsection (b) of this section, any person who violates a provision of this subtitle is guilty of a misdemeanor and, upon conviction thereof: (1) shall be fined not more than $100 or imprisoned for not more than 30 days, or both; or (2) if the person has been convicted of a violation of this subtitle within the previous year, the person shall be fined not more than $250 or imprisoned for not more than 90 days, or both. (b) This section does not apply to any violation of § 47-5 {“Nighttime soliciting prohibited”} of this subtitle. *History: Ord. 93-275* *History: Ord. 94-447* *History: Ord. 04-675* ### Subtitle 48 – Sporting Events #### § 48-1 Throwing missiles. Balt., Md., Code art. 19, § 48-1 (2026) (a) In this section, “missile” means any object capable of being thrown or used as a projectile, but does not include empty paper wrappers. (b) This section does not apply to a member of a team or an official participating as a principal in a sporting event while engaged in the course of conduct required by that sporting event. (c) It is unlawful for any person to toss, throw, fling, or project, or to cause the tossing, throwing, flinging, or projecting of any missile: (1) on or in the direction of any member of a team or official participating as a principal in a sporting event; or (2) on any playing field or arena during the course of a sporting event. (d) Any person who violates a provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 77-521* *History: Ord. 09-145* #### § 48-2 Balt., Md., Code art. 19, § 48-2 (2026) Reserved #### § 48-3 Preakness Stakes tickets. Balt., Md., Code art. 19, § 48-3 (2026) (a) It is unlawful for any person to offer for sale or resale or to possess for sale or resale any Preakness Stakes ticket that: (1) is forged or counterfeit; or (2) is in any way printed or issued without the consent of the Maryland Jockey Club of Baltimore City, Inc. (b) (1) Any person who violates a provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (2) Each ticket that is offered or possessed in violation of this section is a separate offense. *History: Ord. 97-133* *History: Ord. 09-145* #### § 48-4 Flying over stadium. Balt., Md., Code art. 19, § 48-4 (2026) (a) It is unlawful for any person to operate an aircraft over or around the outer limits of M&T Bank Stadium or Oriole Park at Camden Yards for any advertising or commercial purposes. (b) Any person who violates a provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000. *History: Ord. 25-324* *History: Ord. 92-053* *History: Ord. 09-145* *History: Ord. 22-124* ### Subtitle 49 – Star-Spangled Banner #### § 49-1 To be performed as entirety. Balt., Md., Code art. 19, § 49-1 (2026) (a) “The Star-Spangled Banner” shall not be played, sung or rendered in the City of Baltimore in any public place, or at any public entertainment, or in any theatre or moving picture hall, restaurant, or cafe, except as an entire and separate composition or number, without embellishments of national or other melodies. (b) Nor shall “The Star-Spangled Banner” or any part thereof or selection from the same be played as a part or selection of a medley of any kind. *History: Ord. 16-167* #### § 49-2 Use for dancing or exit march prohibited. Balt., Md., Code art. 19, § 49-2 (2026) Nor shall “The Star-Spangled Banner” be played at or in any of the places mentioned for dancing or as an exit march. *History: Ord. 16-167* #### § 49-3 Performers, etc., to stand. Balt., Md., Code art. 19, § 49-3 (2026) And whenever and wherever practicable, the musicians, performers, or other persons shall stand while playing, singing, or rendering “The Star-Spangled Banner”. *History: Ord. 16-167* #### § 49-4 Proprietor responsible. Balt., Md., Code art. 19, § 49-4 (2026) No owner, proprietor, or manager of any theatre, moving picture hall, or restaurant, cafe or other place in the City of Baltimore where the public gathers shall permit or allow anyone playing, singing, or performing therein to play, sing, or render “The Star-Spangled Banner” in violation of the provisions of this subtitle, and in the event of any such permission or allowance, such owner, proprietor, or manager, upon conviction thereof, shall be subject to the penalties imposed by § 49-6 of this subtitle. *History: Ord. 16-167* #### § 49-5 Balt., Md., Code art. 19, § 49-5 (2026) Reserved #### § 49-6 Penalties. Balt., Md., Code art. 19, § 49-6 (2026) Any person violating the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof before a Court of competent jurisdiction of this State, shall be fined not more than $100. *History: Ord. 16-167* ### Subtitle 50 – Street Regulations #### Part 1 – Obstructions ##### § 50-1 Balt., Md., Code art. 19, § 50-1 (2026) Reserved ##### § 50-2 Obstructing street, etc., or gutter. Balt., Md., Code art. 19, § 50-2 (2026) (a) Except as specifically provided in this section, no person may in any manner obstruct any street, lane, sidewalk, footway, or alley in the City or any of their gutters. (b) This section does not apply to someone in the immediate act of delivering items to or removing items from a place of business or a dwelling as long as the items do not us more space than ½ of the pavement. (c) (1) In addition to any other civil or criminal remedy or enforcement procedure, this section may be enforced by issuance of: (i) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (ii) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (2) The issuance of a citation to enforce this section does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (d) (1) Any person who violates any provision of this section is guilty of a misdemeanor, and on conviction, is subject to the penalties specified in this subsection. (2) On a 1st conviction, the penalty for a violation of this section is a fine of not more than $250 for each offense. (3) On a 2nd or subsequent conviction, the penalty for a violation of this section is a fine of not more than $500 for each offense. *History: Rev. Ords. 1858-033* *History: Ord. 74-528* *History: Ord. 99-548* *History: Ord. 03-595* *History: Ord. 09-146* ##### § 50-3 Merchandise projecting from building. Balt., Md., Code art. 19, § 50-3 (2026) (a) No person may place, set, or display any vegetables or fruit or any other goods, wares, or merchandise at a distance of more than 3 feet from the house or store from which they are being sold. (b) (1) In addition to any other civil or criminal remedy or enforcement procedure, this section may be enforced by issuance of: (i) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (ii) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (2) The issuance of an environmental citation to enforce this section does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) (1) Any person who violates any provision of this section is guilty of a misdemeanor, and on conviction, is subject to the penalties specified in this section. (2) On a 1st conviction, the penalty for a violation of this section is a fine of not more than $50 for each offense. (3) On a 2nd or subsequent conviction, the penalty for a violation of this section is a fine of not more than $100 for each offense. *History: Ord. 1869-068* *History: Ord. 99-548* *History: Ord. 03-595* ##### § 50-4 Throwing bales, etc.; using slides, etc. Balt., Md., Code art. 19, § 50-4 (2026) (a) It shall not be lawful for any person: (1) to throw any bale or bulky article from the 2nd or higher story door or window into the street; or (2) to use, or cause to be used, in or upon any street, lane, or alley, wharf, or place of public resort, any sliding board, skid, or other device or contrivance for the purpose of receiving or delivering merchandise, without having the same well secured, so as to prevent the same from slipping. (b) Provided, that this section shall not be construed to extend to the removing of any merchandise or other article in case of danger by fire or other casualty. (c) And every person who shall offend in manner aforesaid shall pay for every such offense the sum of $20. *History: Ord. 1871-022* ##### §§ 50-5 to 50-10 Balt., Md., Code art. 19, § 50-5 to 50-10 (2026) Reserved ##### § 50-11 Removal of obstructions by City. Balt., Md., Code art. 19, § 50-11 (2026) The Director of Transportation is authorized and empowered to remove or cause to be removed any obstruction to passage through a street, lane, or alley. *History: Ord. 77-573* *History: Ord. 91-651* ##### § 50-12 Balt., Md., Code art. 19, § 50-12 (2026) Reserved ##### §§ 50-13 to 50-15 Balt., Md., Code art. 19, § 50-13 to 50-15 (2026) Reserved #### Part 2 – Coasting ##### §§ 50-16 to 50-20 Balt., Md., Code art. 19, § 50-16 to 50-20 (2026) Reserved #### Part 3 – Street Sales Near Farmers’ Markets ##### §§ 50-21 to 50-25 Balt., Md., Code art. 19, § 50-21 to 50-25 (2026) Reserved #### Part 4 – Fires ##### §§ 50-26 to 50-30 Balt., Md., Code art. 19, § 50-26 to 50-30 (2026) Reserved #### Part 5 – Parades ##### § 50-31 Permit required. Balt., Md., Code art. 19, § 50-31 (2026) (a) It is unlawful for any organization or persons to parade through the streets of the City without first obtaining a permit to do so from the Department of Transportation. (b) The permit shall specify the streets through which, and the hours within which, the parade is to pass. (c) Before a permit is granted, the Department of Transportation shall make reasonable efforts to notify the local community and business groups, as listed in the Community Association Directory published by the Department of Planning, that might be affected by the proposed parade. (d) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation may adopt rules and regulations to carry out this section. (e) Any person who violates this section is guilty of a misdemeanor and, on conviction, subject to a fine of not more than $500 or to imprisonment for not more than 60 days or to both fine and imprisonment for each offense. *History: Ord. 1894-139* *History: Ord. 90-611* *History: Ord. 09-147* *History: Ord. 15-435* *History: Text Conformed 02/21/21* ##### §§ 50-32 to 50-40 Balt., Md., Code art. 19, § 50-32 to 50-40 (2026) Reserved #### Part 6 – Playing Ball, etc. ##### § 50-41 Balt., Md., Code art. 19, § 50-41 (2026) Reserved ##### §§ 50-42 to 50-45 Balt., Md., Code art. 19, § 50-42 to 50-45 (2026) Reserved #### Part 7 ##### §§ 50-46 to 50-55 Balt., Md., Code art. 19, § 50-46 to 50-55 (2026) Reserved #### Part 8 – Soliciting Customers ##### § 50-56 Obstructing passage prohibited. Balt., Md., Code art. 19, § 50-56 (2026) It is unlawful for any person in or on any street or sidewalk or footways to obstruct passage along the street or sidewalk by catching hold of or soliciting persons or in any way interfering with their free passage, for the purpose of inducing or compelling them to buy any article or thing. *History: Ord. 1889-139* *History: Ord. 09-149* *History: Ord. 12-157* *History: Ord. 13-245* ##### §§ 50-57 to 50-58 Balt., Md., Code art. 19, § 50-57 to 50-58 (2026) Reserved ##### § 50-59 Enforcement by citation. Balt., Md., Code art. 19, § 50-59 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, § 50-56 of this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce § 50-56 of this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-595* *History: Ord. 09-149* ##### § 50-60 Criminal penalties. Balt., Md., Code art. 19, § 50-60 (2026) Any person who violates a provision of § 50-56 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $200 for each offense. *History: Ord. 09-149* #### Part 9 – Sand, Water, etc. ##### § 50-61 Sand, ashes, etc., prohibited on streets. Balt., Md., Code art. 19, § 50-61 (2026) (a) It shall be unlawful for any person or persons, or corporation, to deposit or scatter sand, ashes, or other matter on any part of the streets or alleys of the City of Baltimore, excepting sidewalks thereof, in time of ice or sleet. (b) Provided, that nothing in this section shall be construed as to prevent street railway companies from placing sand on their rails at heavy grades. (c) Any person or persons, or corporation, violating the provisions of this section shall forfeit and pay a fine of $10 for each and every offense, to be recovered as other fines and forfeitures for the violation of City ordinances are recovered. *History: Ord. 1887-057* ##### § 50-62 Balt., Md., Code art. 19, § 50-62 (2026) Reserved ### Subtitle 51 – Park Rules #### § 51-1 Definitions. Balt., Md., Code art. 19, § 51-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Park rule” means any rule or regulation adopted by the Director of Recreation and Parks under the authority of Article VII, § 67(f) of the City Charter and subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article. *History: Ord. 03-572* *History: Text Conformed 02/21/21* #### § 51-2 Compliance with rules required. Balt., Md., Code art. 19, § 51-2 (2026) No person may violate a park rule. *History: Ord. 03-572* #### § 51-3 Enforcement by citation. Balt., Md., Code art. 19, § 51-3 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, a park rule may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}; or (3) a prepayable criminal citation under City Code Article 19, Subtitle 71 {“Special Enforcement Officers”}. (b) The issuance of a citation to enforce a park rule does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 03-572* *History: Ord. 03-595* #### § 51-4 Penalties. Balt., Md., Code art. 19, § 51-4 (2026) Any person who violates any provision of a park rule is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. *History: Ord. 03-572* ### Subtitle 52 – Taxicabs #### § 52-1 Refusal to pay fare. Balt., Md., Code art. 19, § 52-1 (2026) (a) It is unlawful for any person who engages and accepts transportation in a taxicab or other vehicle operated as a common carrier to wilfully refuse to pay the proper charges at the conclusion of the transportation. (b) This section does not prevent the owner or operator of the taxicab or other common carrier from arranging with the person who engaged and accepted transportation for subsequent payment of the charges due. (c) Any person who violates a provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of $250 for each offense. *History: Ord. 73-329* *History: Ord. 09-151* #### § 52-2 Providing taxi services without license. Balt., Md., Code art. 19, § 52-2 (2026) (a) It shall be unlawful for any person to solicit, offer to transport, or transport a passenger or passengers for hire in Baltimore City unless said person offering to transport shall be operating a vehicle duly authorized to perform taxicab services in Baltimore City under the authority of the Public Service Commission of Maryland. (b) This section is intended to include as illegal: (1) the operation of a licensed taxicab in Baltimore City from a jurisdiction other than Baltimore City, unless such transportation is a fare or the continuation of a fare originating in said other jurisdiction; and (2) any use of a private vehicle to transport passengers for hire in performing taxicab services. (c) A police officer shall issue a citation to any violator of this section and said charge shall be deemed a misdemeanor and, upon conviction thereof, said person shall be subject to a fine of not greater than $500 or to imprisonment for a period of not longer than 6 months, or to both such fine and imprisonment in the discretion of the Court. *History: Ord. 79-956* ### Subtitle 53 – Telephone Harassment #### § 53-1 Prohibited conduct. Balt., Md., Code art. 19, § 53-1 (2026) It is unlawful for any person to make use of telephone facilities or equipment: (1) for an anonymous call, if in a manner which may annoy, abuse, torment, harass, or embarrass one or more persons; or (2) for any request, suggestion, or proposal which, to the person receiving the call, is objectionably profane, obscene, vulgar, lewd, lascivious, or indecent. *History: Ord. 60-382* #### § 53-2 Penalties. Balt., Md., Code art. 19, § 53-2 (2026) A violation of any one of the provisions of this section is a misdemeanor, subject upon conviction of a fine not greater than $500 or to imprisonment for a period not longer than 12 months, or to both such fine and imprisonment in the discretion of the Court. *History: Ord. 60-382* ### Subtitle 54 – Theatrical Exhibitions #### § 54-1 Obscene performances prohibited. Balt., Md., Code art. 19, § 54-1 (2026) (a) (1) (i) Any performance is “obscene” if: (A) considered as a whole, its predominant appeal is to prurient, shameful, or morbid interest in nudity, sex, excretion, sadism, or masochism; (B) it goes substantially beyond customary limits of candor in describing or representing such matters; and (C) it is utterly without redeeming social value. (ii) Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the circumstances of its dissemination to be designed for children or other specially susceptible audiences. (2) “Performance” means any play, dance, or other exhibition performed or displayed before an audience. (b) Every person who shall within the City of Baltimore knowingly act, exhibit, show, or perform in, or cause to be acted, exhibited, shown, or performed, or be in any manner concerned in or permits to be conducted at any premises or place under his control, the acting, exhibition, showing, or performance of any obscene play, farce, opera, public exhibition, show, or entertainment or performance whatsoever or participate in any part of any such obscene play, farce, opera, public exhibition, show, entertainment, or performance whatsoever, shall be deemed guilty of a misdemeanor subject to a penalty for each offense of a fine not over $100. *History: Rev. Ords. 1858-037* *History: Ord. 57-805* *History: Ord. 69-443* #### § 54-2 Nets required for high acts. Balt., Md., Code art. 19, § 54-2 (2026) (a) No agent, owner, or lessee of any house of public amusement, or any agent, owner, or lessee of any show, circus, or public exhibition of any kind whatsoever, shall suffer or permit any person whomsoever to do or perform those acts in which feats of strength and skill are exhibited by the performer from apparatus suspended at an extraordinary elevation above the stage, without first providing a network of such character and materials as in the event of any miscalculation on the part of the performer or performers, will be the means of saving him, her or them from accident or injury. (b) Any agent, owner, or lessee of any house of public amusement, or any agent, owner, or lessee of any show, circus, or public exhibition of any kind whatsoever, offending against the provisions of this section shall forfeit and pay a fine of $50 for every time such offense may be committed in his, her, or their house or place of public amusement, to be recovered as other fines are recoverable. *History: Ord. 1873-104* ### Subtitle 55 – Ticket Sales ### Subtitle 56 ### Subtitle 57 – Vandalism #### § 57-1 In general. Balt., Md., Code art. 19, § 57-1 (2026) (a) It is unlawful for any person to wilfully and maliciously destroy, injure, deface, molest, or spray or splash with paint, lacquer, or similar substance any theatre, place of worship, public building, or any real or personal property of another. (b) (1) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, is subject to a fine of not less than $100 and not more than $1,000, or imprisonment in jail not exceeding 90 days, or to both fine and imprisonment, in the discretion of the court. (2) In addition to a fine or imprisonment, or both, or in lieu of a fine or imprisonment or both, a judge may sentence a person convicted under this section to perform community service, which may include the cleaning of any property defaced by such vandalism. *History: Ord. 71-1002* *History: Ord. 86-763* *History: Ord. 90-533* #### § 57-2 Religious desecration. Balt., Md., Code art. 19, § 57-2 (2026) (a) Any person who wilfully or maliciously: (1) defaces or molests the real or personal property or premises of a church, religious organization, religious institution, parsonage, or church home; (2) inscribes or places upon, adjacent, or near to any such property or premises, a mark, letter, or symbol for the purpose of inciting or causing the hatred, criticism, ridicule, disaffection, or disturbance of a religious group, sect, or congregation, or of any member thereof; or (3) desecrates, mutilates, or disfigures any such property or premises, is guilty of a misdemeanor. (b) Upon conviction thereof, he is subject to a fine not to exceed $500 or to imprisonment for a period not to exceed 12 months or to both such fine and imprisonment in the discretion of the court. *History: Ord. 60-239* #### § 57-3 Utility structures, etc. Balt., Md., Code art. 19, § 57-3 (2026) (a) No person may wilfully break, defile, remove, deface, carry away, or otherwise damage or injure any street lighting or other public utility structure, or any equipment, part, or appurtenance of a public utility structure. (b) Any person who violates this section is, in addition to any other applicable penalty, liable to the City or other owner of the structure, equipment, etc., for the expense of repairing, cleaning, and restoring it. (c) (1) Any person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. (2) Each structure damaged or injured under this section is a separate offense. *History: Ord. 50-1326* *History: Ord. 09-152* ### Subtitle 58 ### Subtitle 59 – Weapons #### Part 1 – Firearms — In General ##### § 59-1 Carrying long-barrel firearms. Balt., Md., Code art. 19, § 59-1 (2026) (a) (1) It shall be unlawful for any person to carry in any vehicles or about his person, except in his place of abode, fixed place of business, target range, gun show, historic reenactment, or civic event held on a National Monument or a Historic Shrine or parade for which a permit has been obtained, any rifle, shotgun or other firearm the barrel of which is over 14 inches in length. (2) Provided that this subsection shall not apply to: (i) marshals, sheriffs, prison or jail wardens, or their deputies while in the performance of their official duty; (ii) policemen or other law enforcement officers; (iii) members of the armed forces of the United States or of the National Guard or organized reserves when on duty; (iv) holders of special police commissions issued under Title 4, Subtitle 9, of Article 41 of the Maryland Code, while actually on duty on the property for which the commission was issued or while traveling to or from such duty; (v) uniformed security guards, special railway police, and watchmen who have been cleared for such employment by the appropriate governmental agency, while in the course of their employment or while traveling to or from the place of employment; (vi) guards in the employ of a bank, savings and loan association, building and loan association, or express or armored car agency, while in the course of their employment or while traveling to or from the place of employment; (vii) manufacture, transportation, or sale of weapons to persons authorized under law to possess such under the laws of the United States; (viii) transportation of firearms unloaded and carried in an enclosed case or rack designed for that purpose; (ix) antique firearms, meaning: (A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (B) any replica of any firearm described in subitem (A) if such replica: 1. is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or 2. uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. (b) It shall be unlawful for any person to carry in any about his person any rifle, shotgun, or other firearms the barrel of which is over 14 inches in length with the intent to use the rifle, shotgun, or other firearm in the commission of a crime against the person or property of another. (c) Any violation of the provisions of this section shall be deemed a misdemeanor, subject upon conviction to a fine of not more than $500 or to imprisonment for not longer than 60 days or to both fine and imprisonment, in the discretion of the Court. *History: Ord. 80-154* *History: Ord. 81-215* ##### § 59-2 Discharging firearms. Balt., Md., Code art. 19, § 59-2 (2026) (a) If any person shall fire or discharge any gun, pistol, or firearm within the City, unless it be on some occasion of military parade, and then by order of some officer having the command, every such person for every such offense shall be guilty of a misdemeanor and, upon conviction, pay a fine not to exceed $1,000, or be imprisoned for a term not to exceed 1 year, or both. (b) If any gun, pistol, or firearm shall be discharged from on board any vessel within the harbor of Baltimore, the captain of the vessel, as well as the offender, shall be liable to the said penalty. (c) Nothing in this section shall be held to apply to or prohibit the discharge or firing of any such firearms on permanently located, properly posted and bona fide target ranges, the location of which has been fled with the Police Department of Baltimore City. *History: Rev. Ords. 1858-033* *History: Ord. 19-001* *History: Ord. 37-549* *History: Ord. 56-423* *History: Ord. 87-922* ##### §§ 59-3 and 59-4 Balt., Md., Code art. 19, § 59-3 and 59-4 (2026) Reserved ##### § 59-5 Illegal carrying, etc., of handguns. Balt., Md., Code art. 19, § 59-5 (2026) (a) In this section, “handgun” means a firearm, as defined in State Public Safety Article § 5-101(h), the barrel of which is 14 inches or under in length. (b) A person may not: (1) wear, carry, or knowingly transport a handgun, whether concealed or open, on or about the person within 100 yards of, or in, a: (i) park; (ii) church; (iii) school; (iv) public building; or (v) other place of public assembly; (2) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road within 100 yards of a: (i) park; (ii) church; (iii) school; (iv) public building; or (v) other place of public assembly; or (3) wear, carry, or knowingly transport a handgun in connection with the commission of a crime against a person or property, within 100 yards of, or in, a: (i) park; (ii) church; (iii) school; (iv) public building; or (v) other place of public assembly. (c) The finder of fact may infer that a person who transports a handgun in violation of this section transports the handgun knowingly. (d) This section does not prohibit the wearing, carrying, or transporting of a handgun by a person covered by an exception in State Criminal Law Article § 4-203(b). (e) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the following penalties for each offense: (i) if the handgun was worn, carried, or transported in connection with the commission of a crime against a person or property, mandatory imprisonment for 1 year and a mandatory fine of $1,000; (ii) if the person has a previous conviction for a violation of this section or {of} State Criminal Law Article § 4-203 {“Wearing, carrying, or transporting handgun”}, mandatory imprisonment for 1 year and a mandatory fine of $1,000; or (iii) if neither item (i) nor item (ii) of this paragraph apply, a fine of not more than $1,000 or imprisonment for not longer than 12 months or both fine and imprisonment, in the discretion of the Court. (2) The court may not impose less than, or suspend any part of, any mandatory sentence provided in paragraph (1) of this subsection. (3) A person who violates this section is not eligible for a probation before judgment. (4) A person who violates this section is not eligible for parole. (5) Each violation of this section is a separate offense. *History: Ord. 17-064* *History: Ord. 19-332* *History: Ord. 22-125* ##### §§ 59-6 to 59-10 Balt., Md., Code art. 19, § 59-6 to 59-10 (2026) Reserved #### Part 2 – Firearms — Access by Minors ##### § 59-11 Definitions. Balt., Md., Code art. 19, § 59-11 (2026) (a) In general. In this Part, the following terms have the meanings indicated. (b) “Ammunition” means any cartridge, shell, or other device that contains explosive or incendiary material and is designed or intended for use in any firearm. (c) “Child safety lock” means: (1) a device that, when locked in place, prevents the trigger from being moved and can itself be removed only by using a key or combination; or (2) any other device that: (i) when locked in place, otherwise renders the firearm inoperable and can itself be removed only by using a key or combination; and (ii) has been approved for this purpose by the Police Commissioner. (d) “Firearm” means any pistol, revolver, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or other firearm, except an inoperable antique firearm. *History: Ord. 91-720* *History: Ord. 98-243* *History: Ord. 14-307* *History: Ord. 22-125* ##### § 59-12 Access by minors prohibited. Balt., Md., Code art. 19, § 59-12 (2026) (a) Except as provided in subsection (b) of this section, a person may not leave a loaded firearm, or an unloaded firearm that is in close proximity to ammunition, in any location where the person knows or reasonably should know that an unsupervised minor might gain access to the firearm. (b) Subsection (a) of this section does not apply if: (1) the minor’s access to the firearm is supervised by a person 21 years old or older; (2) the firearm is in a locked gun cabinet or similar locked location; (3) the firearm is secured with a child safety lock; (4) the minor obtained access to the firearm as the result of an unlawful entry to the premises; or (5) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties. *History: Ord. 91-720* *History: Ord. 98-243* ##### § 59-13 Safety locks. Balt., Md., Code art. 19, § 59-13 (2026) (a) (1) A licensed firearm dealer may not sell, lease, or otherwise transfer a firearm without an accompanying child safety lock suitable for that firearm. (2) The dealer must provide the child safety lock to the recipient of the firearm when transferring the firearm. The dealer may charge for the child safety lock. (b) (1) A licensed firearm dealer who sells, leases, or otherwise transfers a firearm must post conspicuously in the dealer’s place of business: (i) a notice of the prohibition in § 59-12 of this Part against leaving a firearm where an unsupervised minor can obtain access to it; and (ii) a notice of the prohibition in subsection (a) of this section against the transfer of a firearm without an accompanying child safety lock. (2) If the transaction occurs outside the dealer’s place of business, or if the dealer does not maintain a place of business in a commercial establishment, the dealer must provide the required notices in writing when transferring the firearm. *History: Ord. 91-720* *History: Ord. 98-243* ##### § 59-14 Rules and regulations. Balt., Md., Code art. 19, § 59-14 (2026) The Police Commissioner may adopt rules and regulations to carry out this Part, including but not limited to rules or regulations governing the wording, size, and placement of the notices required by this Part. *History: Ord. 91-720* *History: Ord. 98-243* ##### § 59-15 Balt., Md., Code art. 19, § 59-15 (2026) Reserved ##### § 59-16 Penalties. Balt., Md., Code art. 19, § 59-16 (2026) Any person who violates any provision of this Part or of a rule or regulation adopted under this Part is guilty of a misdemeanor and, on conviction, is subject to a fine of $1,000 or to imprisonment for 1 year or both. *History: Ord. 91-720* *History: Ord. 98-243* #### Part 2A – Firearms — Reporting Theft or Loss ##### § 59-17 “Firearm” defined. Balt., Md., Code art. 19, § 59-17 (2026) In this Part 2A, “firearm” includes any pistol, revolver, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or other firearm. *History: Ord. 08-065* ##### § 59-18 Reporting required. Balt., Md., Code art. 19, § 59-18 (2026) If a firearm is lost or stolen, the person who owned the firearm shall report the theft or loss to the Baltimore Police Department. The report shall be made within 48 hours after the theft or loss is first discovered. *History: Ord. 08-065* ##### § 59-19 Entry to NCIC Database. Balt., Md., Code art. 19, § 59-19 (2026) On receipt of a report of a stolen or lost firearm, the Baltimore Police Department shall enter into the National Crime Information Center Database the following information, to the extent known: (1) the firearm’s caliber, make, model, manufacturer, and serial number; and (2) any other distinguishing number or identification mark on the firearm. *History: Ord. 08-065* ##### § 59-20 Balt., Md., Code art. 19, § 59-20 (2026) Reserved ##### § 59-20A Enforcement by citation. Balt., Md., Code art. 19, § 59-20A (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, § 59-18 of this Part 2A may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a civil citation to enforce § 59-18 of this Part 2A does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 08-065* ##### § 59-20B Criminal penalties. Balt., Md., Code art. 19, § 59-20B (2026) Any person who violates § 59-18 of this Part 2A is guilty of a misdemeanor and, on conviction, is subject to the following penalties: (1) for a 1st offense, a fine of not more than $500; and (2) for any subsequent offense, a fine of not more than $750 or imprisonment for not more than 90 days or both fine and imprisonment. *History: Ord. 08-065* #### Part 3 – Other Weapons ##### § 59-21 Metal knuckles, etc. Balt., Md., Code art. 19, § 59-21 (2026) (a) It shall be unlawful for any person to sell any metal knuckles, sling shot, slung shot, sand club, or black jack in the City of Baltimore. (b) Except that black jacks may be sold to: (1) duly qualified police officers; or (2) any person having a permit from the Police Commissioner to permit him to make such purchase or purchases. (c) Any person violating the provisions of this section shall, upon conviction thereof, be fined not more than $500 or be imprisoned for not more than 1 year, or both, in the discretion of the court. *History: Ord. 51-1528* *History: Ord. 51-066* ##### § 59-22 Switchblade knives – Possession or sale, etc. Balt., Md., Code art. 19, § 59-22 (2026) (a) No person may sell, carry, or possess any knife with an automatic spring or other device for opening or closing the blade, commonly known as a switchblade knife. (b) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 44-057* *History: Ord. 16-466* *History: Ord. 22-125* ##### § 59-23 Dangerous knives – Transfer, etc.; Commercial displays. Balt., Md., Code art. 19, § 59-23 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Dangerous knife” means any: (i) Bowie knife; (ii) dirk knife; (iii) gravity knife; (iv) shooting knife, as described in State Criminal Law Article § 4-105; (v) star knife, as defined in State Criminal Law Article § 4-101; (vi) straight razor; (vii) switchblade knife, as described in § 59-22 of this subtitle or in State Criminal Law Article § 4-105; or (viii) any knife with a blade that is longer than 3 inches. (b) No person may sell, give, or otherwise transfer a dangerous knife to, or permit the use or possession of a dangerous knife by, any individual that the person knows or has reasonable cause to believe is under the age of 21. (c) (1) (i) Except as provided in part (ii) of this paragraph, no person may place a dangerous knife in an exterior window or glass display case of a commercial establishment that offers knives for sale. (ii) The display of a dangerous knife in a glass display case is permitted in a commercial establishment that sells primarily sporting goods. (2) In any commercial establishment open to individuals under the age of 21, a dangerous knife available for sale must be placed behind a sales counter and be inaccessible to individuals under the age of 21. (d) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 16-466* *History: Ord. 18-144* ##### § 59-24 Mini- and pistol-crossbows. Balt., Md., Code art. 19, § 59-24 (2026) (a) (1) As used in this section, the following words have the meanings indicated unless their context clearly indicates otherwise. (2) “Mini-crossbow” or “pistol-crossbow” means a weapon: (i) consisting of a bow fixed across a stock or pistol-shaped device having a groove or barrel for the arrow or similar missile and a mechanism for holding and releasing the string; (ii) used for shooting arrows or similar missiles; and (iii) having an overall length of less than 18 inches. (b) A person shall not wear, carry, possess, sell, purchase, transfer, give, or trade a mini-crossbow or pistol-crossbow in the City of Baltimore. (c) The provisions of this section shall not apply to: (1) a sworn police officer; (2) a museum or similar institution for historical display purposes; or (3) a demonstration by an organization at a public event approved by the Police Commissioner of Baltimore City. (d) Any person who violates a provision of this section shall be guilty of a misdemeanor and subject to a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment. *History: Ord. 94-320* *History: Ord. 22-125* ##### § 59-25 Balt., Md., Code art. 19, § 59-25 (2026) Reserved ##### § 59-26 Gas- or air-pellet guns. Balt., Md., Code art. 19, § 59-26 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Gas- or air-pellet gun” means any gun or other device, by whatever name or description known, that is designed to discharge or can readily be converted to discharge a pellet or other object by the expansion of gas or air. (3) “Paintball” means any gun or other device, including a gas- or air- pellet gun, that is used or designed or intended to be used to discharge a paintball or other object designed or intended to mark a target with pigmentation. (b) No person may sell, give away, or otherwise transfer a gas- or air-pellet gun or paintball gun to, or permit the use or possession of a gas- or air-pellet gun or paintball gun by, any individual whom that person knows or has reasonable cause to believe is a minor. (c) No person may possess, discharge or use any gas- or air- pellet gun or paintball gun in Baltimore City except: (1) if the gun is kept within his or her domicile or is used by him or her exclusively for the purpose of teaching the use and care of firearms at a properly constructed indoor or outdoor range; (2) on a properly constructed target range or recreational paintball facility; (3) on private grounds or residence under circumstances in which the gun is operated so as to not endanger person or property and in a manner that prevents the projectile from traversing any grounds or space outside of the private grounds or residence; or (4) if the gun is being transported in a motor vehicle for any lawful purpose and is not being carried on a person. (d) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 56-233* *History: Ord. 63-1655* *History: Ord. 85-385* *History: Ord. 07-383* *History: Ord. 12-064* *History: Ord. 14-307* *History: Ord. 22-125* ##### § 59-27 Dart or blow guns. Balt., Md., Code art. 19, § 59-27 (2026) (a) It shall be unlawful for any person, firm, or corporation to sell, offer for sale by any means whatsoever, give away, lend, rent, or otherwise transfer or attempt to transfer, or to own, possess, use, handle, or permit the use of, any dart gun, blow gun, or other device by whatever name or description known, which is discharged or operated by introducing air or any type of gas into any part of a hollow tube or shaft and thereby causing to be ejected therefrom any dart, needle, arrow, pin, pellet, or any other object which is capable of inflicting any injury, damage, or harm to or upon any person, animal, or bird. (b) Nothing contained in this section shall be construed to prevent the use of any such device for the treatment, capture, or destruction of animals when any such use takes place under the supervision of a veterinarian, policeman, or any other person who is regularly engaged or employed in the handling, training, treatment, or maintenance of animals. (c) Any violation of the provisions of this section shall be deemed to be a misdemeanor, subject upon conviction to a fine of not more than $500 or to imprisonment for not longer than 60 days or to both fine and imprisonment, in the discretion of the Court. *History: Ord. 56-233* *History: Ord. 63-1655* *History: Ord. 85-385* ##### § 59-28 Electronic control devices. Balt., Md., Code art. 19, § 59-28 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Electronic control device”. “Electronic control device” means a portable device designed as a weapon capable of injuring, immobilizing, or inflicting pain on an individual by the discharge of electrical current. (3) “Adjudicated as a mental defective”. “Adjudicated as a mental defective” means a determination by a court, board, commission, or other lawful authority, that, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease, a person: (i) is a danger to themselves or to others; or (ii) lacks the mental capacity to contract or manage his or her own affairs. (4) “Mental disorder”. (i) “Mental disorder” means a behavioral or emotional illness that results from a psychiatric disorder. (ii) “Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another. (5) “Protective order”. “Protective order” means a temporary or final protective order entered under the authority of Maryland Code, Family Law Article, §§ 4-505 and 4-506. (b) In addition to all State law prohibitions and penalties on the sales of electronic control devices, including no sales to minors, no sales to those convicted of certain crimes, and no sales without background checks, it is unlawful in the City: (1) for any person to possess an electronic control device in a: (i) public school; (ii) State public building; or (iii) City public building; (2) for any person to sell or ship an electronic control device to any other person knowing or having reasonable cause to believe that the other person has been: (i) adjudicated as a mental defective; or (ii) committed to any mental institution; (3) for any person to possess an electronic control device if the person suffers from a mental disorder and has a history of violent behavior against themselves or another; and (4) for any person subject to a protective order to possess an electronic control device for the duration of the protective order. (c) Nothing in this section shall be held to apply to any member of the Baltimore City Police Department or any other law enforcement officer while in the performance of his or her official duty. (d) Any violation of the provisions of this section shall be deemed to be a misdemeanor, subject upon conviction to a fine of not more than $1,00 or to imprisonment for not longer than 12 months or to both fine and imprisonment, in the discretion of the Court. *History: Ord. 56-233* *History: Ord. 85-385* *History: Ord. 17-020* ##### § 59-29 Balt., Md., Code art. 19, § 59-29 (2026) Reserved ##### § 59-30 Stench bombs. Balt., Md., Code art. 19, § 59-30 (2026) (a) A stench bomb is herein defined as any liquid, gaseous, or solid substance or matter of any kind which is intended to be thrown, dropped, poured, deposited, or discharged for the purpose of producing a noxious, nauseating, sickening, irritating, or offensive odor. (b) It is unlawful for any person to: (1) sell, barter, or trade a stench bomb; (2) manufacture, make, or prepare a stench bomb; (3) throw, drop, pour, deposit, or discharge a stench bomb; or (4) aid or abet another in throwing, dropping, pouring, depositing, or discharging a stench bomb. (c) Nothing in the above provisions shall apply to: (1) regularly appointed police officers acting in line of duty; nor (2) proprietors of business places who may keep or use certain acid diffusing bombs solely for the purpose of repelling robbers, thieves, or other law violators. (d) Any person who violates any of the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, is subject to a fine of not less than $5 and not more than $500 at the discretion of the court. *History: Ord. 70--903* ##### § 59-31 Balt., Md., Code art. 19, § 59-31 (2026) Reserved ##### § 59-32 Tear gas devices. Balt., Md., Code art. 19, § 59-32 (2026) (a) It shall be unlawful for any person under the age of 18 years to carry, use, or discharge any weapon or device commonly known as a tear gas gun, or any tear gas device. (b) Any person violating the provisions of this section shall, upon conviction thereof, be fined not more than $100 for each such violation. *History: Ord. 69-330* ##### §§ 59-33 to 59-40 Balt., Md., Code art. 19, § 59-33 to 59-40 (2026) Reserved #### Part 4 ##### §§ 59-41 to 59-60 Balt., Md., Code art. 19, § 59-41 to 59-60 (2026) Reserved #### Part 5 – Forfeitures ##### § 59-61 Weapon forfeited on conviction. Balt., Md., Code art. 19, § 59-61 (2026) (a) The Court or Police Magistrate who convicts any person of any criminal offense shall declare as forfeited and confiscated any gun, pistol, firearm, switch-blade knife, or other dangerous weapon which was in the possession of the person at the time of committing the offense and which either was used or held for possible use in connection with the offense. (b) The said weapon shall be turned over to the Police Department of Baltimore City for disposal and shall not be treated or considered as the property of the person so convicted. *History: Ord. 56-530* ### Subtitle 60 – Gun Offender Registration #### § 60-1 Definitions. Balt., Md., Code art. 19, § 60-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Convicted” means: (1) having been found guilty of a gun offense by a jury or judicial officer; (2) the acceptance of a plea of guilty or nolo contendere for a gun offense; (3) having been granted a probation before judgment after a finding of guilt for a gun offense, if the court orders compliance with this subtitle as a condition of probation; or (4) having been found not criminally responsible for a gun offense. (c) “Correctional facility” means a facility that is operated for the purpose of detaining or confining adults who are charged with or found guilty of a crime. (d) (1) “Gun offender” means any person who is convicted of a gun offense in the Circuit Court for Baltimore City or the District Court of Maryland for Baltimore City. (2) “Gun offender” does not include a person: (i) whose conviction for a gun offense has been reversed on appeal or otherwise set aside pursuant to law; or (ii) who has been pardoned by the Governor. (e) “Gun offense” means: (1) a violation of any of the following sections of the State Criminal Law Article: (i) § 4-203 {Wearing, carrying, or transporting a handgun}; (ii) § 4-204 {Use of a handgun or antique firearm in commission of a crime}; (iii) § 4-303 {Assault [pistols] weapons – Prohibited}; (iv) § 4-305 {Detachable magazines – Prohibited}; (v) § 4-305.1 {Rapid fire trigger activators – Prohibited}; (vi) § 4-404 {Use of a machine gun in a crime of violence}; (vii) § 4-405 {Use of a machine gun for an aggressive purpose}; (viii) § 5-621 {Crimes involving controlled dangerous substances and paraphernalia – Use of a weapon as separate crime}; or (ix) § 5-622 {Firearm crimes}; or (2) a violation of any of the following sections of the State Public Safety Article: (i) § 5-106 {License required to engage in the business of selling, renting, or transferring regulated firearms}; (ii) § 5-123 {Dealer – Sale, rent, or transfer of a regulated firearm prior to the expiration of 7-day waiting period}; (iii) § 5-124(a) {Non-dealer – Sale, rent, or transfer of a regulated firearm prior to the expiration of 7-day waiting period}; (iv) § 5-125(b) {Sale, rent, or transfer of a regulated firearm to a firearm applicant whose firearm application is placed on hold}; (v) § 5-132(c)(1) {Dealer – sale, offer for sale, rent, or transfer a handgun manufactured on or before December 31, 2002, without an external safety lock}; (vi) § 5-133(b) {Possession of a regulated firearm prohibited}; (vii) § 5-133(c) {Restrictions on possession of regulated firearms – Penalty for possession by a person convicted of crime of violence}; (viii) § 5-133(d) {Possession of regulated firearms by a person under age of 21 years prohibited}; (ix) § 5-134 {Sale, rent, or transfer of a regulated firearm to a restricted individual}; (x) § 5-136 {Straw purchase of a regulated firearm}; (xi) § 5-138 {Sale, transfer, or disposal of a stolen regulated firearm prohibited}; (xii) § 5-140 {Transporting a regulated firearm for unlawful sale or trafficking}; (xiii) § 5-141 {Knowing participation in straw purchase}; (xiv) § 5-142 {Removal or alteration of identification mark or number on firearm}; (xv) § 5-144 {Knowing participation in any violation of Title 1, Subtitle 5 of the State Public Safety Article} (xvi) § 5-203 {Possession of a short-barreled rifle or short-barreled shotgun}; (xvii) § 5-205 {Possession of a rifle or shotgun by a person with mental disorder}; (xviii) § 5-206 {Person convicted of crimes of violence prohibited from possessing a rifle or shotgun}; or (xix) § 5-406 {Manufacture or sale of handguns}; or (3) a violation of any of the following sections of this City Code Article 19 {“Police Ordinances”}: (i) § 59-1 {Carrying long-barrel firearms}; or (ii) § 59-2 {Discharging firearms}. (f) “Police Commissioner” means the Police Commissioner of Baltimore City or his or her designee. *History: Ord. 07-506* *History: Ord. 09-168* *History: Ord. 20-339* #### § 60-2 Rules and regulations. Balt., Md., Code art. 19, § 60-2 (2026) (a) The Police Commissioner may adopt rules and regulations to carry out this subtitle. (b) These rules and regulations may govern: (1) the form, content, and processing of the acknowledgment required by this subtitle; (2) the form and content of the registration required under this subtitle; (3) the documentation required to verify the content of the registration required under this subtitle; (4) the maintenance, use, and availability of the information that is collected by the Police Commissioner under this subtitle. (c) A copy of all rules and regulations adopted under this subtitle must be filed with the Department of Legislative Reference before they take effect. *History: Ord. 07-506* #### § 60-3 Registration – In general. Balt., Md., Code art. 19, § 60-3 (2026) (a) A gun offender must register with the Police Commissioner. (b) When requested to do so, the gun offender must acknowledge, in writing, his or her duty to register under this subtitle. *History: Ord. 07-506* *History: Ord. 09-168* #### § 60-4 Registration – When and where. Balt., Md., Code art. 19, § 60-4 (2026) (a) The registration must be made within 48 hours of: (1) if the gun offender receives a sentence that does not include imprisonment, the date that the sentence is imposed; (2) if the gun offender receives a sentence that includes imprisonment, the date of the gun offender’s release from a correctional facility; (3) if the gun offender is granted probation before judgment, the date that the probation before judgment is granted; (4) if the gun offender is found not criminally responsible and is released, the date of the gun offender’s release; or (5) if the gun offender is found not criminally responsible and committed to the State Department of Health and Mental Hygiene, the date of the gun offender’s discharge or conditional release from that commitment. (b) To register, a gun offender must personally appear at an office designated by the Police Commissioner. *History: Ord. 07-506* *History: Ord. 09-168* #### § 60-5 Registration – Content and form. Balt., Md., Code art. 19, § 60-5 (2026) (a) The registration must be in the form and contain the information that the Police Commissioner requires. (b) The registration must specify: (1) the gun offender’s name; (2) a description of the crime for which the gun offender was convicted; (3) the date that the gun offender was convicted; (4) any other name by which the gun offender has been legally known; (5) a list of all aliases that the gun offender has used; (6) identifying factors of the gun offender, including a physical description; (7) the gun offender’s residence; and (8) any other information required by the rules and regulations adopted by the Police Commissioner under this subtitle. (c) The registration must be signed and dated by the gun offender. (d) At the time that the gun offender appears at the office, the Police Commissioner may photograph the gun offender. (e) The Police Commissioner may require the gun offender to provide documentation that verifies the contents of the registration *History: Ord. 07-506* #### § 60-6 Verification by resident offenders. Balt., Md., Code art. 19, § 60-6 (2026) (a) This section applies only to gun offenders who are residents of Baltimore City. (b) (1) Except as provided in paragraph (2) of this subsection, within 20 calendar days after each 6-month anniversary of a gun offender’s initial registration, the gun offender must personally appear at an office designated by the Police Commissioner to verify and update, as appropriate, the contents of the registration. (2) If a gun offender is confined to any correctional facility, hospital, or institution throughout the 20-day period described in paragraph (1) of this subsection, the gun offender must personally appear at an office designated by the Police Commissioner, within 48 hours of release, to verify and update, as appropriate, the contents of the registration. (c) A gun offender must personally appear at an office designated by the Police Commissioner to update his or her residence address and other contents of the registration: (1) within 10 calendar days after establishing a residence in Baltimore City; (2) within 10 calendar days after moving from one residence in Baltimore City to another residence in Baltimore City; and (3) before moving from a residence in Baltimore City and assuming a new residence out of Baltimore City. (d) At the time that the gun offender appears at the office, the Police Commissioner may photograph the gun offender. (e) The Police Commissioner may require the gun offender to provide documentation that verifies the contents of the registration. *History: Ord. 07-506* *History: Ord. 09-168* *History: Ord. 10-363* #### § 60-7 Term of verification requirement. Balt., Md., Code art. 19, § 60-7 (2026) (a) The gun offender must verify the contents of the registration, as required by § 60-6 of this subtitle, for a period of 5 years from the date of the gun offender’s initial registration. (b) A gun offender’s term of registration under this section is stayed if the gun offender is subsequently convicted and incarcerated for another gun offense. *History: Ord. 07-506* *History: Ord. 09-168* *History: Ord. 20-339* #### § 60-8 Sharing registration information. Balt., Md., Code art. 19, § 60-8 (2026) The Police Commissioner may make the information collected under this subtitle available to: (1) any federal, state, or local law enforcement agency; and (2) any City agency. *History: Ord. 07-506* #### § 60-9 Cooperation with other agencies. Balt., Md., Code art. 19, § 60-9 (2026) The Police Commissioner may cooperate with other federal, state and City agencies and the judiciary to facilitate implementation of this subtitle. *History: Ord. 07-506* #### § 60-10 Prohibited conduct. Balt., Md., Code art. 19, § 60-10 (2026) No gun offender may: (1) knowingly fail to acknowledge in writing his or her duty to register under this subtitle; (2) fail to register as required by this subtitle or the rules and regulations adopted under it; (3) fail to verify information as required by this subtitle or the rules and regulations adopted under it; or (4) provide false information in the registration or verification required by this subtitle or the rules and regulations adopted under it. *History: Ord. 07-506* #### § 60-11 Penalties. Balt., Md., Code art. 19, § 60-11 (2026) (a) Any gun offender who violates any provision of § 60-10 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense *History: Ord. 07-506* ### Subtitle 61 – Arson Offender Registration. #### § 61-1 Definitions. Balt., Md., Code art. 19, § 61-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Arson or malicious burning offender” or “offender” means any individual who is convicted of an arson or malicious burning offense in any degree. (2) “Arson or malicious burning offender” does not include an individual: (i) whose conviction for an arson or malicious burning offense has been reversed on appeal or otherwise set aside pursuant to law; or (ii) who has been pardoned by the Governor. (c) “Arson or malicious burning offense” means a violation of any of the following sections of the State Criminal Law Article: (1) § 6-102 {“Arson in the first degree”}; (2) § 6-103 {“Arson in the second degree”}; (3) § 6-104 {“Malicious burning of personal property in the first degree”}; (4) § 6-105 {“Malicious burning of personal property in the second degree”}; (5) § 6-106 {“Burning with intent to defraud”}; (6) § 6-107 {“Threat of arson”}; or (7) § 5-622 {“Burning trash container”}. (d) “Commissioner” means the Police Commissioner of Baltimore City or the Commissioner’s designee. (e) “Convicted” means an individual has: (1) been found guilty of an arson or malicious burning offense by a jury or judicial officer; (2) accepted a plea of guilty or nolo contendere for an arson or malicious burning offense; or (3) been granted probation before judgment after a finding of guilt for an arson or malicious burning offense, if the court orders compliance with this subtitle as a condition of probation. (f) “Correctional facility” means a facility that is operated for the purpose of detaining or confining adults who are charged with or found guilty of a crime. *History: * *History: * #### § 61-2 Rules and regulations. Balt., Md., Code art. 19, § 61-2 (2026) (a) The Commissioner may adopt rules and regulations to carry out this subtitle. (b) These rules and regulations may govern: (1) the form, content, and processing of the acknowledgment required by this subtitle; (2) the form and content of the registration required under this subtitle; (3) the documentation required to verify the content of the registration required under this subtitle; and (4) the maintenance, use, and availability of the information that is collected by the Commissioner under this subtitle. *History: * *History: * #### § 61-3 Registration – In general. Balt., Md., Code art. 19, § 61-3 (2026) (a) An arson or malicious burning offender must register with the Commissioner. (b) When requested to do so by a judicial officer or law enforcement officer, an offender must acknowledge, in writing, the offender’s duty to register under this subtitle. *History: * *History: * *History: * #### § 61-4 Registration – Timing and location. Balt., Md., Code art. 19, § 61-4 (2026) (a) An offender must register with the Commission within 48 hours of: (1) the date the offender’s sentence is imposed, if the offender receives a sentence that does not include imprisonment; or (2) the date of the offender’s release from a correctional facility, if the offender receives a sentence that includes imprisonment. (b) To register with the Commissioner, an offender must personally appear at an office designated by the Commissioner. *History: * *History: * #### § 61-5 Registration - Content and form. Balt., Md., Code art. 19, § 61-5 (2026) (a) The registration must be in the form and contain the information that the Commissioner requires and that is required in subsection (b) of this section. (b) The registration must include the following information: (1) the offender’s name; (2) the crime for which the offender was convicted; (3) the date on which the offender was convicted; (4) any other name by which the offender has been legally known; (5) a list of all aliases that the offender has used; (6) identifying factors of the offender, including a physical description; (7) the offender’s residence; and (8) any other information required by the rules and regulations adopted by the Commissioner under this subtitle. (c) The registration must be signed and dated by the offender and the Commissioner or the Commissioner’s designee. (d) At the time that the offender appears at the office to register, the Commissioner may photograph the offender. (e) The Commissioner may require the offender to provide documentation that verifies the contents of the registration. *History: * *History: * #### § 61-6 Definitions Balt., Md., Code art. 19, § 61-6 (2026) (a) This section applies only to offenders who are residents of Baltimore City. (b) (1) Except as provided in paragraph (2) of this subsection, every 6 months and 20 days following the initial registration, an offender must personally appear at the designated office to verify and update the information on the registration. (2) If an offender is confined to any correctional facility, hospital, or similar institution throughout the final 20 days of the period described in paragraph (1) of this subsection, within 48 hours of release from the facility, hospital, or similar institution, the offender must personally appear at the designated office to verify and update the information on the registration. (c) An offender must personally appear at the designated office to update the offender’s residence address and other contents of the registration: (1) within 10 calendar days of establishing a residence in Baltimore City; (2) within 10 calendar days after moving from 1 residence in Baltimore City to another residence in Baltimore City; and (3) before moving from a residence in Baltimore City and assuming a new residence outside of Baltimore City. (d) At the time the offender appears at the designated office to verify the registration information, the Commissioner may photograph the offender. (e) The Commissioner may require the offender to provide documentation that verifies the contents of the registration. *History: * *History: * #### § 61-7 Term of verification requirement. Balt., Md., Code art. 19, § 61-7 (2026) The offender must verify the contents of the registration required by this subtitle for a period of 3 years from the date of the offender’s initial registration. *History: * *History: * #### § 61-8 Prohibited conduct. Balt., Md., Code art. 19, § 61-8 (2026) No offender may: (1) knowingly fail to acknowledge in writing the offender’s duty to register under this subtitle; (2) fail to register as required by this subtitle or the rules and regulations adopted under it; (3) fail to verify information as required by this subtitle or the rules and regulations adopted under it; or (4) provide false information in the registration or verification required by this subtitle or the rules and regulations adopted under it. *History: * *History: * #### § 61-9 Penalties. Balt., Md., Code art. 19, § 61-9 (2026) (a) Any offender who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, for each offense, is subject to a fine of not more than $500. (b) Each day that a violation continues is a separate offense. *History: * *History: * ### Subtitles 62 to 70 ### Subtitle 71 – Special Enforcement Officers #### § 71-1 Appointment; duties. Balt., Md., Code art. 19, § 71-1 (2026) (a) The following officials shall from time to time certify to the Police Commissioner the names of employees of their respective departments for appointment by the Police Commissioner as Special Enforcement Officers: (1) Commissioner of Health. (2) Chief of the Fire Department. (3) Director of Public Works. (4) Commissioner of Housing and Community Development. (5) Director of Recreation and Parks. (6) Director of Transportation. (7) Director of the Department of Consumer Protection and Business Licensing. (b) (1) On appointment, a Special Enforcement Officer may serve summonses and issue criminal citations to appear before the housing or other appropriate part of the District Court for Baltimore City in proceedings to enforce any City ordinance, rule or regulation, or public local law pertaining to buildings, housing, zoning, fire, public health, parks, and sanitation. (2) “Criminal citation” means a written or printed charging document with a summons to appear for trial. (c) The officers appointed may not arrest or take into custody any violator or otherwise have the power of arrest in their official capacity. (d) A record of appointment of the officers shall be kept by the Police Commissioner and any appointment may be revoked by the Commissioner at any time. (e) The form of badge and type of uniform, if any, worn by the appointed officers shall be approved by the Police Commissioner. (f) In addition to issuing prepayable criminal citations under § 71-2 of this subtitle, Special Enforcement Officers may issue and serve civil administrative citations to appear before the Environmental Control Board under Article 1, Subtitle 40 {“Environmental Control Board”} of the City Code. *History: Ord. 74-509* *History: Ord. 89-224* *History: Ord. 90-612* *History: Ord. 91-835* *History: Ord. 98-359* *History: Ord. 03-572* *History: Ord. 07-399* *History: * #### § 71-2 Prepayable criminal citations. Balt., Md., Code art. 19, § 71-2 (2026) (a) The criminal citations that Special Enforcement Officers are authorized to issue may provide that the recipient may waive trial and prepay a specified fine. (b) The authority of the Special Enforcement Officers to issue prepayable citations is limited to violations that are specifically enumerated in this section and for which a specific prepayable fine is designated in this section. (c) (1) Notwithstanding any other provision of the City Code to the contrary, notice need not be given before issuance of a criminal citation under this section if, within the preceding 12 months: (i) a notice for a prior violation of the same provision of law at the same address was issued to the same person, following which the violation was abated; or (ii) a citation for the same violation at the same address was issued to the same person. (2) Every citation shall contain a certification signed by the issuing officer under penalties of perjury that the facts contained in the citation are true to the best of the officer’s information, knowledge, and belief. (3) Citations issued under this section shall be numbered consecutively. After issuance, no citation may be canceled or voided except by the District Court. (4) Each citation shall be made with sufficient copies so that a copy can be served on the defendant or an agent authorized to receive court process, a copy retained by the officer, and copies provided as necessary for prosecution and collection purposes. After issuance and service, the issuing officer shall promptly file the original with the District Court. (5) On each citation, the Special Enforcement Officer shall enter: (i) a trial date that is at least 2 weeks after the date of issuance; and (ii) a date by which the specified fine may be paid if the recipient wishes to waive trial. (6) The recipient of a citation is required to sign a statement on the citation acknowledging its receipt and promising to either appear for the scheduled trial or prepay the specified fine as directed. Failure to sign does not invalidate a citation. (7) It is unlawful for any person to whom a citation is issued to refuse to provide personal identification on request. Any person so refusing is subject to police arrest and, on conviction, to a fine not to exceed $500. (d) (1) Prepayment of the fine constitutes a waiver of the right to trial. Prepayment authorizes the entry of a plea of no contest and a disposition of the charge in accordance with the facts contained in the citation. (2) If payment of the fine has not been made in the time and manner directed, the recipient shall appear for trial in the housing part of the District Court of Maryland for Baltimore City on the scheduled date. (3) The citation shall set forth a means by which the recipient may request the presence of the issuing officer at the trial. If the officer is not present at the trial and his or her presence has not been requested, the citation constitutes a stipulation by the recipient that if the officer were present at the trial, the officer would testify that the facts are as set forth in the citation. This stipulation, however, is not a waiver of the recipient’s right to testify and to controvert the facts forth in the citation. The facts set forth in the citation shall be offered at the trial as all or part of the prosecution’s case. (4) Where the fine has not been prepaid as directed and the recipient fails to appear for trial on the scheduled date, the recipient is subject to the issuance of a bench warrant for arrest or the issuance of a show cause order for contempt of court. No bench warrant may issue until 5 days after the scheduled trial date. (e) Citations issued under this section shall be in a form approved by the District Court of Maryland. (f) The contents of citations issued under this section shall comply with all relevant requirements of the Maryland Rules of Procedure and with § 16-16A of the Public Local Laws of Baltimore City. (g) (1) Where the provision of law that has been violated provides that the continuation or recurrence of a violation constitutes a separate offense, a separate citation may be issued for each such separate offense. (2) For 12 months after the District Court has disposed of a citation other than by a verdict of “not guilty”, the fine specified for a violation is doubled on any citation issued to the same person for recurrence of the same violation at the same address. (3) Issuance of a citation under this section does not preclude pursuit of other remedies and enforcement actions. (h) Uniform administrative procedures for implementing this section shall be jointly devised and adopted by the Commissioner of Housing and Community Development, the Chief of the Fire Department, and the Commissioner of Health, in consultation with the District Court on any matter affecting the Court’s operation. (i) The authority of a Special Enforcement Officer to issue prepayable criminal citations is limited to the following provisions of the City Code: (1)
§ 108.6. Maintenance: Overcrowding
1-99 persons over capacity $250
100-199 persons over capacity $500
200 or more persons over capacity $1,000
§ 111.1. Unsafe Buildings: General $250
§ 1001.2. Means of Egress: Minimum requirements $250
(2)
§§ 305 - 308. Sanitary Maintenance
Residential properties $50
Commercial properties $100
(3)
Division I. Floodplain Management $500
(4)
§ 51-2. Compliance with park rules $200
(5)
§ 19-101. Prohibited conduct $500
*History: Ord. 98-359* *History: Ord. 02-475* *History: Ord. 03-572* *History: Ord. 08-063* *History: Ord. 13-093* *History: Ord. 14-208* *History: Ord. 15-427* *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 20-361* #### § 71-3 Code enforcement injunction. Balt., Md., Code art. 19, § 71-3 (2026) (a) A special enforcement officer of the Department of Housing and Community Development may issue and serve a petition for a code enforcement injunction, to be adjudicated in the District Court, for any violation that is subject to equitable remedies of a code, ordinance, regulation, or Public Local Law pertaining to building, housing, zoning, fire, public health, and sanitation. (b) (1) If approved by the District Court, the form for a code enforcement injunction petition may contain the summons, directing the defendant to appear for hearing on a specified date. (2) Except in an emergency, a specified hearing date may not be less than 7 days after service of the summons on the defendant. (3) An enforcement officer must coordinate the selection of hearing dates with the appropriate District Court officials. (c) (1) A code enforcement injunction petition must contain: (i) the name and address of the person charged; (ii) the nature of the violation and the section of law violated; (iii) the location, date, and time the violation was observed; (iv) the nature of equitable relief requested; (v) the effect of failing to appear for hearing; (vi) the enforcement officer’s certification attesting to the truth of the matter set forth; and (vii) any additional facts necessary to entitle the plaintiff to the relief requested. (2) If the violation is subject to a civil fine, the injunction petition may include a request that the fine be imposed. (3) If the violation is a condition on real property owned by the defendant, the injunction petition may include a request for judgment in the amount of any outstanding municipal liens on the property, if the property is: (i) a vacant lot; or (ii) a vacant building that is unfit for habitation. (d) A District Court code enforcement injunction petition may be served on the defendant: (1) in accordance with Maryland Rule 3-121; or (2) for violations related to real property owned by the defendant, if proof is made by affidavit that a good faith effort to serve the defendant by personal delivery or by certified mail, return receipt requested, has not succeeded, then: (i) by regular mail to the defendant’s last known address and either delivery to an adult or posting of the injunction petition at the defendant’s last known address; or (ii) if the last known address of the defendant is a post office box or is out-of-state, by regular mail to the defendant’s last known address and posting of the injunction petition at the property on which code violations are cited. (e) For the purpose of service of a District Court code enforcement injunction petition: (1) the address provided in the rental property registration records of Baltimore City may be used as the last known address of a defendant who is an absentee owner of residential real property on which code violations are cited; or (2) the mail-to address provided in the real property tax records of Baltimore City may be used as the last known address of a defendant who: (i) is an absentee owner of residential real property on which code violations are cited; and (ii) has failed to register in the rental property registration records of Baltimore City. (f) If an owner has properly registered a current local agent and local address for service of process under the requirements of the Baltimore City Code relating to rental property registration, and if service is made by mail and posting at a last known address other than that provided in the owner’s rental property registration form, then notice of the proceeding shall be sent to the owner at the rental property registration address, by certified mail, at least 72 hours before the time and date of the hearing on the permanent injunction. (g) If the defendant fails to appear for a hearing on the specified date, on motion of the plaintiff, the Court may enter a default judgment against the defendant for 1 or more of the following, as appropriate: (1) the equitable relief requested; (2) the amount of unpaid municipal liens on the property; and (3) the amount of civil fine for the violation, which, following the defendant’s failure to appear, may be doubled to no more than $1,000. (h) When the Court imposes a civil fine: (1) the fine is a judgment in favor of the City; (2) if the fine is unpaid 30 days after the date of entry, the judgment is enforceable like other money judgments unless the Court has suspended or deferred payment under item (3) of this subsection; and (3) the Court may set conditions for suspending or deferring payment of the fine. (i) (1) The equitable relief ordered by the Court may include an order authorizing the City to perform acts, described with particularity, to abate a violation at the expense of the defendant. (2) The City may present a bill for its abatement expenses under this subsection by: (i) regular mail to the defendant’s last known address; or (ii) any other means reasonably calculated to bring the bill to the defendant’s attention. (3) If the defendant does not pay the City’s bill within 30 days of presentment, the City may file a motion in accordance with the Maryland Rules for entry of judgment against the defendant for the abatement expenses. (j) (1) Except as provided otherwise in paragraph (2) of this subsection, the plaintiff must prove he is entitled to the relief requested by a preponderance of the evidence. (2) If the plaintiff seeks to have a civil fine imposed, he must prove by clear and convincing evidence that the defendant committed the violation cited. (k) (1) Except as provided in paragraph (2) of this subsection, if a defendant fails to pay a fine or Court cost imposed by the Court or fails to comply with any other order of the Court, the Court may hold the defendant in contempt under Maryland Rules 15-205 and 15-206 and may enforce the order under Maryland Rule 3-648. (2) A money judgment for municipal liens or abatement expenses may not be enforced by contempt. (l) The State’s Attorney, the City Solicitor, or any attorney designated by the City may represent the City in a code enforcement injunction proceeding. *History: Ord. 99-430* ### Subtitle 72 – Special Traffic Enforcement Officers #### § 72-1 Appointment. Balt., Md., Code art. 19, § 72-1 (2026) (a) The following officials shall from time to time certify to the Police Commissioner the names of employees of their respective departments for appointment by the Police Commissioner as Special Traffic Enforcement Officers: (1) Director of Recreation and Parks. (2) Director of Transportation. (b) The Police Commissioner may revoke any appointment at any time. *History: Ord. 93-235* *History: Ord. 03-572* *History: Ord. 14-192* #### § 72-2 Powers. Balt., Md., Code art. 19, § 72-2 (2026) (a) A Special Traffic Enforcement Officer has the same authority as a police officer to control and direct pedestrian and vehicular traffic under the Maryland Vehicle Law and under City laws that regulate motor vehicles. (b) A Special Traffic Enforcement Officer has no power to issue citations for moving violations other than for a failure to obey lawful traffic direction and control devices. (c) A Special Traffic Enforcement Officer has no power to make arrests. *History: Ord. 93-235* *History: Ord. 03-572* *History: Ord. 14-192* #### § 72-3 Badges and uniforms. Balt., Md., Code art. 19, § 72-3 (2026) The form of badge and type of uniform, if any, worn by the appointed Special Traffic Enforcement Officers shall be approved by the Police Commissioner. *History: Ord. 93-235* #### § 72-4 Record of appointments. Balt., Md., Code art. 19, § 72-4 (2026) A record of the appointment of Special Traffic Enforcement Officers shall be kept by the Police Commissioner. *History: Ord. 93-235* ### Subtitle 73 – Special Parking Enforcement Officers #### § 73-1 Appointment. Balt., Md., Code art. 19, § 73-1 (2026) (a) The Director of Transportation shall from time to time certify to the Police Commissioner of Baltimore City the names of employees of that department for appointment by the Police Commissioner as Special Parking Enforcement Officers. (b) Any appointment may be revoked by the Commissioner at any time. *History: Ord. 79-1159* *History: Ord. 83-863* *History: Ord. 15-435* #### § 73-2 Powers. Balt., Md., Code art. 19, § 73-2 (2026) (a) Upon their appointment, the Officers shall have the power to issue citations to appear before the appropriate division of the District Court for violation within the City of any City or state law or regulation pertaining to parking. (b) The Officers are empowered: (1) to cause motor vehicles to be impounded within the City of Baltimore in the enforcement of any City or state law or regulation pertaining to parking; and (2) to immobilize motor vehicles within the City of Baltimore in the enforcement of Article 31, Subtitle 31, Part 3 of the City Code. (c) The Officers appointed may not arrest or take into custody any violator of such law or regulation or otherwise have the power of arrest in their official capacity. *History: Ord. 79-1159* *History: Ord. 83-863* #### § 73-3 Badges and uniforms. Balt., Md., Code art. 19, § 73-3 (2026) The form of badge and type of uniform that may be worn by these Officers shall be approved by the Police Commissioner. *History: Ord. 79-1159* *History: Ord. 83-863* #### § 73-4 Record of appointments. Balt., Md., Code art. 19, § 73-4 (2026) A record of appointment of the Officers shall be kept by the Police Commissioner. *History: Ord. 79-1159* *History: Ord. 83-863* ## Article 20 – Railroads ### Subtitle 1 – Railroad Cars #### § 1-1 Unauthorized use or interference. Balt., Md., Code art. 20, § 1-1 (2026) (a) It shall not be lawful for any person, other than an agent or person in the actual service or employ of the railroad company, or other person or persons or company, owning any car or other carriage on any railway within the City, without the consent or permission of the person rightfully having charge of the particular car: (1) to put or attempt to assist to put any car in motion on any railway within the City; (2) to go on or into, or attempt, or assist any other person to get on or into any such car; or (3) to remove, unfasten, or break, or attempt or assist to remove, unfasten, or break any chain, lock, or other fastening by which any such car or carriage shall be fastened or restrained from motion, or from being put in motion. (b) Any person offending in the premises shall forfeit and pay a sum not less than $1 nor more than $20. *History: Rev. Ords. 1858-034* #### § 1-2 Unloading in streets. Balt., Md., Code art. 20, § 1-2 (2026) It is unlawful to load or unload any railroad car in any of the streets, lanes, or alleys of the City, except with the consent of occupants of houses or lots opposite the proposed loading or unloading. *History: Rev. Ords. 1858-034* *History: Ord. 48-482* *History: Ord. 99-526* #### § 1-3 Obstructing pedestrians and vehicles. Balt., Md., Code art. 20, § 1-3 (2026) (a) Except as provided in subsection (b) of this section, it is unlawful for any railroad company or other person to place or cause to be placed any railroad car, locomotive, or other vehicle on any railroad track at a cross street or intersection in any manner that obstructs the passage of pedestrians or vehicles for more than 5 minutes. (b) This section does not apply to the extent that the placement is authorized by and complies with: (1) a rule, regulation, or directive of the Director of Transportation; or (2) a contract approved by the Board of Estimates and entered into by the railroad company or other person and the Mayor and City Council of Baltimore. (c) Any person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Rev. Ords. 1858-034* *History: Ord. 48-482* *History: Ord. 76-143* *History: Ord. 05-056* #### § 1-4 Obstructing street passage. Balt., Md., Code art. 20, § 1-4 (2026) (a) Except as provided in subsection (b) of this section, it is unlawful for any railroad company or other person to place or cause to be placed any railroad car of any description on any turnout or private switch in any manner that obstructs free passage along the line of a street or alley. (b) This section does not apply to the extent that the placement is authorized by and complies with: (1) a rule, regulation, or directive of the Director of Transportation; or (2) a contract approved by the Board of Estimates and entered into by the railroad company or other person and the Mayor and City Council of Baltimore. *History: Rev. Ords. 1858-034* *History: Ord. 48-482* *History: Ord. 05-056* #### § 1-5 Openings between cars. Balt., Md., Code art. 20, § 1-5 (2026) (a) It is unlawful for any company, person, or persons to place any railroad cars of any description along the line of any street, in such manner as to prevent the passage of persons or vehicles from one side of the street to the other, on any one square occupied by railroad cars. (b) But in all cases, the company, person, or persons so occupying the street with railroad cars shall leave an opening or space of not less than 20 feet at or near the center of the square or at equal distances from the 2 nearest cross streets. *History: Rev. Ords. 1858-034* *History: Ord. 48-482* *History: Ord. 99-526* #### § 1-6 Passing on right side of railway. Balt., Md., Code art. 20, § 1-6 (2026) It shall be the duty of every person having charge of, driving, or operating any vehicle on or along any street in which any railway track is laid within the City to travel or pass only on the right hand side, between the curb stone and the track of the railway, except: (1) when prevented by some obstruction in the street; or (2) when it shall be necessary, for any sufficient cause, to cross or pass over such railway track to the opposite side. *History: Rev. Ords. 1858-034* *History: Ord. 48-479* #### § 1-7 Moving railroad cars. Balt., Md., Code art. 20, § 1-7 (2026) It is unlawful for any person or persons, corporation, or company to move or cause to be moved, on any railroad track leading through any of the streets of the City, more than 2 railroad cars in connection without the aid of propelling power. *History: Rev. Ords. 1858-034* *History: Ord. 48-479* *History: Ord. 99-526* #### § 1-8 Minors on cars. Balt., Md., Code art. 20, § 1-8 (2026) It is unlawful for any minor not employed by the railroad company to jump on or from any railroad car while the car is in motion. *History: Ord. 1868-011* *History: Ord. 48-479* *History: Ord. 99-526* #### § 1-9 Penalties. Balt., Md., Code art. 20, § 1-9 (2026) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, unless another penalty is provided, is subject on conviction to a fine of not more than $25 for each offense. *History: Rev. Ords. 1858-034* *History: Ord. 48-482* *History: Ord. 99-526* ### Subtitle 2 – Construction and Maintenance of Railways #### § 2-1 Obstruction of streets. Balt., Md., Code art. 20, § 2-1 (2026) (a) It is the duty of the Department of Transportation from time to time: (1) to examine the construction or maintenance of the several railway tracks authorized by ordinances to be laid within the limits of the City; and (2) to report to the Mayor any obstruction or impediment to the ordinary use of any street or streets, caused by the tracks’ being improperly laid and not being in conformity with the provisions of all ordinances authorizing their construction. (b) And it shall be the duty of the Mayor to enforce the ordinance relating to the removal of said tracks, unless in his judgment the remedy shall be furnished by the enactment contained in subsection (c) of this section. (c) In all cases where an obstruction or impediment to the use of any street is caused by the mode of construction or maintenance of any railway within the City, the Mayor may exercise his or her discretion to have the track entirely removed, or to have the track so altered or arranged as to abate the evil complained of, by giving notice to the companies or owners of the railway tracks, who shall be allowed a reasonable time to make the alteration under the direction of the Department of Transportation. (d) Upon a failure of the companies or owners to comply with the notice, the Department of Transportation shall have the work done, and the bills shall be collected from the owners of the railway tracks by legal proceedings, if the bills are disputed or remain unpaid for the space of 30 days. *History: Ord. 1850-006* *History: Ord. 76-143* *History: Ord. 80-138* *History: Ord. 15-435* #### § 2-2 Obstruction of gutters. Balt., Md., Code art. 20, § 2-2 (2026) (a) It is the duty of the Department of Transportation to: (1) examine the construction or maintenance of the railways; and (2) enforce strictly all the provisions of ordinances relating to the obstruction of the gutters caused by the laying of railway tracks. (b) In all cases of obstruction and impediments of any kind arising from the improper construction or maintenance of railway tracks, in which no other remedy is now provided by ordinance, the Department of Transportation shall give notice to the owners of the railway tracks that, unless the obstruction or impediment is removed or altered so as to remedy the evil complained of within a reasonable time, the Department of Transportation shall proceed to have the railway reconstructed at the cost of the owners. *History: Ord. 1850-006* *History: Ord. 76-143, Ord. 80-138* *History: Ord. 15-435* #### § 2-3 Prohibited conduct. Balt., Md., Code art. 20, § 2-3 (2026) If, at any time, any railway is constructed or maintained within the limits of the City in a mode or manner so as to obstruct the ordinary use of the street or streets in which the railway is laid down, the owners of the railway are subject to a penalty of $300 and a fine of $100 for each and every day the obstruction remains after notice of the Department of Transportation to remove it. *History: Ord. 1850-006* *History: Ord. 76-143* *History: Ord. 80-138* *History: Ord. 15-435* ### Subtitle 3 – Locomotive Engines #### § 3-1 Scope of subtitle. Balt., Md., Code art. 20, § 3-1 (2026) This subtitle is intended to apply to all locomotive engines that now or may hereafter be used within the limits of the City of Baltimore. *History: Ord. 1850-006* *History: Ord. 76-143* *History: Ord. 80-138* #### § 3-2 Where locomotives authorized. Balt., Md., Code art. 20, § 3-2 (2026) Except as may be provided in any other ordinance or ordinances now or hereafter in force: (1) the Northern Central Railway Company is hereby authorized to use locomotive engines, adapted to a low speed, on the railroad track on Guilford Avenue, to and from Calvert Station; (2) the Baltimore and Ohio Railroad Company is authorized to use locomotive steam power upon its tracks between the City limits and Camden Station, and along Pratt Street, upon its track, from Howard Street to the Mount Clare Station; and (3) the Philadelphia, Wilmington and Baltimore Railroad Company, now the Philadelphia, Baltimore and Washington Railroad Company, is authorized to use locomotive engines on its railway track, between the eastern boundary line of the City and depot at the intersection of Fleet Street and President Street. *History: Rev. Ords. 1858-67* *History: Ord. 48-512* #### § 3-3 Unauthorized use of locomotives prohibited. Balt., Md., Code art. 20, § 3-3 (2026) If any railroad company shall use or cause to be used any locomotive engine or engines propelled by steam on any railway track within the City of Baltimore, other than those where authorized by ordinance of the City, the company shall forfeit and pay for every such offense, the sum of $20, to be collected as other fines and penalties of the City. *History: Rev. Ords. 1858-67* #### § 3-4 Permitted fuels for steam engines. Balt., Md., Code art. 20, § 3-4 (2026) (a) Privilege is granted to the several railroad companies to use wood as well as coal or coke as a fuel for steam within the limits of the City of Baltimore in all cases where by ordinance steam engines are permitted to be used. (b) Provided, however, that nothing herein contained shall be so construed as to prevent the Mayor and City Council of Baltimore from repealing all or any part of this section, whenever they may deem it expedient. *History: Rev. Ords. 1858-67* *History: Ord. 48-512* #### § 3-5 Horns and whistles prohibited. Balt., Md., Code art. 20, § 3-5 (2026) (a) Nothing in this section shall be construed to relieve a railroad or the operator of a locomotive from any duty or responsibility on the part of it or him to give warnings by means of a bell or by any other device which is not herein specifically prohibited. (b) It is unlawful for the operator of a locomotive within the limits of Baltimore City to sound a horn or whistle attached to a locomotive when approaching a street grade-crossing, except on main line track movements of the Baltimore and Ohio Railroad Company between Camden Station, Mt. Clare yard and the southerly and southwesterly City limits. (c) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, subject to a fine of not to exceed $10 for each such offense. *History: Ord. 60-415* ### Subtitle 4 – City Passenger Railways #### § 4-1 Crossing railroads at grade. Balt., Md., Code art. 20, § 4-1 (2026) (a) The provisions hereof shall not apply to those railroad tracks where there are established safety gates nor where automatic signals are operating and indicate that the tracks may be crossed safely. (b) (1) All street railway cars and trackless trolleys shall come to a full stop before crossing at grade any track or tracks of a railroad, said full stop to be within 50 feet but not less than 10 feet from the nearest rail of such railroad. (2) While so stopped, the operator of every street railway car or trackless trolley shall listen and look in both directions for any approaching train, engine, or car on said tracks, and for signals indicating the approach of such train, engine or car, and shall not proceed until he can do so safely. (c) Any person violating the provisions of this section shall be subject to a fine of $5 for each and every violation. *History: Ord. 1898-186* *History: Ord. 51-1506* #### § 4-2 Stops for passengers. Balt., Md., Code art. 20, § 4-2 (2026) (a) Except where otherwise permitted or required by order of the Police Commissioner, or by ordinance, all street railway cars, trackless trolleys, and buses, when stopping to take on or discharge passengers at street or road crossings, shall stop on the near side of such crossings. (b) All owners and operators of vehicles failing to comply with any of the provisions of this section shall be subject to a fine of not less than $10 or more than $50 for each and every offense. *History: Ord. 1894-104* *History: Ord. 51-1506* #### § 4-3 Crossing streets. Balt., Md., Code art. 20, § 4-3 (2026) (a) When approaching and crossing any intersecting public highway or private street, the person operating a street car: (1) must have the same under control and must regulate the speed of said car according to what is reasonable and proper in view of the circumstances, surroundings, and location; and (2) in crossing any such street or intersecting public highway or private street in the thickly congested or business parts of the City, such street car shall not be operated at a rate of speed exceeding 15 miles an hour. (b) For each and every violation of this section, the offender upon conviction thereof, shall be liable to a fine of $5 and costs, to be recovered as other fines and costs for violation of ordinances and resolutions of the Mayor and City Council of Baltimore are now recovered. *History: Ord. 1893-157* *History: Ord. 21-592* #### § 4-4 Operating under the influence. Balt., Md., Code art. 20, § 4-4 (2026) (a) It shall be unlawful for any person who is under the influence of intoxicating liquor or narcotic drugs to operate, or attempt to operate a street railway car in the City of Baltimore. (b) Any person violating the provisions of this section shall, upon conviction thereof, be punished by imprisonment for not less than 30 days nor more than 6 months, or by fine of not less than $100 nor more than $500, or by both fine and imprisonment in the discretion of the Court. *History: Ord. 46-337* #### § 4-5 Interference with facilities. Balt., Md., Code art. 20, § 4-5 (2026) It shall not be lawful for any unauthorized person or persons, whether passengers or otherwise, to intentionally pull or otherwise interfere with the trolley or trolley-rope so that the trolley wheel shall be pulled from the overhead trolley-wire, or to apply or put on the brakes of any electric street railway car within the limits of the City of Baltimore, under a penalty of not less than $5, nor more than $20, to be recovered as other fines and penalties are now recoverable. *History: Ord. 1899-008* ### Subtitle 5 – Rules of the Road and Track #### § 5-1 Vehicles sharing tracks with railway cars. Balt., Md., Code art. 20, § 5-1 (2026) (a) All vehicles going in the same direction and upon the track with a passenger railway car shall be entitled to the right of way of such track, and not compelled to leave the same for vehicles traveling in an opposite direction. (b) This section shall not in any way conflict with the right-of-way already granted any passenger railway company for the use of its tracks. (c) Each and every person violating the provisions of this section shall be liable to a penalty of $5, the same to be collected as all other fines imposed by ordinances of the City. *History: Ord. 1874-098* *History: Ord. 48-483* #### § 5-2 Delaying railway cars. Balt., Md., Code art. 20, § 5-2 (2026) (a) No person shall be allowed to drive or operate vehicles on the tracks of any railway to the hindrance and delay of the cars. (b) All persons who, upon the call or signal of any driver, conductor, or other persons in charge of a car passing on its route, wilfully neglect or refuse to vacate said tracks, shall be subject to a fine of not more than $10 nor less than $5, to be collected as other fines are collected. *History: Ord. 1872-027* *History: Ord. 48-483* #### § 5-3 License fee for cars. Balt., Md., Code art. 20, § 5-3 (2026) (a) The cars running upon said railway tracks shall not remain standing on the line of their routes, but shall be subject to all the police regulations which are now or may hereafter be contained in the ordinances of the City in regard to railway cars or other vehicles, so far as said regulations may be applicable thereto. (b) The sum of $5 shall be paid annually upon each car running regularly on said railway tracks, as license fee therefor, to the Director of Finance. *History: Ord.1859-044* *History: Ord. 48-483* *History: Ord. 76-143* ### Subtitle 6 – Care of Tracks, Switches, and Track Areas #### § 6-1 Care of tracks and track facilities. Balt., Md., Code art. 20, § 6-1 (2026) (a) All street railway companies occupying with their tracks or other facilities any of the streets, avenues, or other highways in the City of Baltimore, shall at all times keep rhose tracks and facilities in good condition and repair. (b) if any company fails or neglects to make repairs promptly and properly, the Department of Transportation is authorized to have the same done in a good and sufficient manner, at the expense of the company. *History: Ord. 48-459* *History: Ord. 76-143* *History: Ord. 15-435* #### § 6-2 Use of abrasive materials. Balt., Md., Code art. 20, § 6-2 (2026) For the purpose of facilitating the movement of vehicles along the public highways, the several owners or operators of public passenger vehicles are authorized to spread upon the public highways of the City such abrasive or other materials, at such locations, at such times, and in such manner as may be generally or specifically approved by the Department of Transportation from time to time. *History: Ord. 1887-118* *History: Ord. 48-465* *History: Ord. 76-143* *History: Ord. 15-435* #### § 6-3 Care of track areas. Balt., Md., Code art. 20, § 6-3 (2026) Said railway companies: (1) shall keep the streets covered by said tracks, and extending 2 feet on the outer limits of either side of said tracks, in thorough repair, at their own expense; and (2) shall free the same from snow or other obstructions; and (3) in doing which, they shall not cause to be obstructed the other portions of the street on either side of said railway tracks. *History: Ord. 1859-044* *History: Ord. 48-483* #### § 6-4 Scope of obligations. Balt., Md., Code art. 20, § 6-4 (2026) In all cases where rights or privileges may be hereafter granted to any street railway to use or occupy the streets of Baltimore, the railroad company or companies so using the street shall be obliged in every case and shall assume the obligation, whether the same be provided for in the ordinance granting such rights or franchise or not, to keep the portion of the street over which their rails are laid in repair between the tracks so laid and 2 feet on either side, and they shall pay the cost of paving and repaving that portion of said street or streets in every case where the street or streets may be paved or repaved by public authority. *History: Ord. 1897-009* *History: Ord. 48-483* #### § 6-5 Ch. 401, Acts of 1906 - cost of street work. Balt., Md., Code art. 20, § 6-5 (2026) There is hereby imposed upon all street railway companies occupying with their tracks parts of the beds of streets, avenues, or other highways in the City of Baltimore, upon which work shall have been done or shall hereafter be done, under the Act of 1906, Chapter 401, of the General Assembly of Maryland, and any amendment or amendments thereof, the obligation to pay for said work so far as the same shall have been done or shall be done between the rails of their said tracks and for a space of 2 feet on either side thereof. *History: Ord. 12-153* #### § 6-6 Ch. 401, Acts of 1906 - work by DoT. Balt., Md., Code art. 20, § 6-6 (2026) (a) This section applies to work begun after its enactment. (b) In order to do the work authorized by Chapter 401, Laws of Maryland 1906, upon streets, avenues, or other highways occupied in part by the tracks of any street railway company, without unnecessary inconvenience or damage to the railway company, and in order to give the railway company a reasonable opportunity to do any part or parts of the work authorized by that Act, so far as the same relates to the space between its tracks, and for 2 feet on each side thereof, which the railway company may be authorized by any law or ordinance to do, the Department of Transportation is directed, before beginning any work under that Act upon any street, avenue, or other highway occupied in part by the tracks of any railway company, to give reasonable notice to the railway company of the Department’s intention to do the work and of the time when it proposes to begin. (c) After the expiration of the time mentioned in the notice, the Department of Transportation: (1) shall proceed to do the work; (2) shall keep an accurate account of the cost of all of the work, the obligation to pay for which is imposed by this section upon the street railway company; and (3) upon the completion of the work, shall make demand upon the railway company for the payment of that cost. (d) In the event of the railway company’s failure or refusal to pay the cost, payment shall be enforced as provided in § 6-7 of this subtitle. *History: Ord. 12-153* *History: Ord. 76-143* *History: Ord. 15-435* #### § 6-7 Ch. 401, Acts of 1906 - enforcement. Balt., Md., Code art. 20, § 6-7 (2026) The obligation imposed by §§ 6-5 and 6-6 hereof may be enforced by the Mayor and City Council of Baltimore by a suit at law or any other remedy which, by any law or ordinance, may be appropriate and available for said purpose. *History: Ord. 12-158* #### § 6-8 Ch. 401, Acts of 1906 - penalties. Balt., Md., Code art. 20, § 6-8 (2026) (a) If, in the judgment of the Department of Transportation, any street occupied by a street railway company is in bad condition or out of repair between the rails and 2 feet outside of the outer rails, the Department shall notify the railway company to repair the street within the limits specified. (b) If the Director’s order is disregarded and the repairs called for are not made within 10 days of the date of the notice, the Director shall: (1) make the repairs; (2) charge the cost thereof to the railway company, with 10% added for supervision and use of tools; and (3) take the necessary stops to collect said bill. (c) Any railway company neglecting, failing, or refusing to make the repairs required by the Department of Transportation shall pay a fine of $20 for each square or part thereof on the route or line of tracks of the company that it neglected, failed, or refused to repair as directed, this fine to be enforced as are other fines for the violation of City ordinances. *History: Ord. 1898-101* *History: Ord. 76-143* *History: Ord. 15-435* ### Subtitle 7 – Tracks and Switches #### § 7-1 Tracks to be filled to grade. Balt., Md., Code art. 20, § 7-1 (2026) Unless otherwise permitted or required by a particular franchise ordinance, all railroad tracks in any of the streets, lanes, and alleys in the City shall be filled up between their rails to the grade and with the materials approved from time to time by the Department of Transportation, this work to be done at the expense of the railroad company or companies operating over the tracks and switches. *History: Ord. 1854-054* *History: Ord. 48-458* *History: Ord. 76-143* *History: Ord. 15-435* #### § 7-2 Ballast under tracks. Balt., Md., Code art. 20, § 7-2 (2026) If any public street in the City, upon which the tracks of any corporation or individual are maintained, is paved or repaved at the expense, either in whole or in part, of the Mayor and City Council of Baltimore or of the abutting property owners, the corporation or individual, in addition to all other obligations of the corporation or individual, shall be required to place under the tracks, to prevent them from sinking, broken stone or gravel ballast whenever, in the judgment of the Department of Transportation, the existing ballast or the natural formation of the soil under the tracks is insufficient. *History: Ord. 08-098* *History: Ord. 76-143* *History: Ord. 15-435* #### § 7-3 Maintenance in good repair. Balt., Md., Code art. 20, § 7-3 (2026) (a) The owners of all railroad tracks and switches and all railroad companies operating thereon shall at all times keep the tracks and switches and the space between the rails of the tracks and switches in good condition and repair. (b) If any owner or railroad company fails or neglects to make repairs promptly and properly, the Department of Transportation is authorized to have the same done in a good and sufficient manner, at the expense of the owner and railroad company. *History: Ord. 48-458* *History: Ord. 76-143* *History: Ord. 15-435* #### § 7-4 Tracks on bridges. Balt., Md., Code art. 20, § 7-4 (2026) (a) It is unlawful for any passenger railway company to construct any railway track or tracks over any of the bridges belonging to the City of Baltimore in any other manner than approved by the Department of Transportation from time to time. (b) (1) Any person or corporation violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a penalty of $25 for each such violation. (2) Each day such violation shall continue shall be construed to be a separate violation and subject to the same penalty. (c) The provisions of Sections 3 and 7 of Ordinance No. 238, approved April 19, 1905, are continued in effect as fully as if set out herein at length. *History: 1876-012* *History: Ord. 48-464* *History: Ord. 76-143* *History: Ord. 15-435* ### Subtitles 8 to 10 ### Subtitle 11 – Savings Clauses #### § 11-1 Ordinances remaining in effective - in general. Balt., Md., Code art. 20, § 11-1 (2026) All ordinances relating to railroads, street railways, and trackless trolleys in force when this Code is legalized, and not herein specially referred to, shall continue in force as fully as if incorporated herein. *History: Res. 1893-185* *History: Ord. 50-1283* #### § 11-2 Ordinances remaining in effect - specific companies. Balt., Md., Code art. 20, § 11-2 (2026) (a) All the provisions of the several ordinances heretofore duly passed by the Mayor and City Council of Baltimore and in force and effect on June 22, 1950, relating to the companies hereinafter enumerated, and all the rights, permissions, privileges, authority, and obligations granted to or conferred or imposed upon the said companies by said ordinances, as well as all the terms, reservations, conditions, limitations, restrictions, provisos, and penalties contained in said ordinances, are continued in effect as fully as if the said ordinances were set out at length herein relating to the following companies: Baltimore and Ohio Railroad Company Baltimore Belt Railroad Company Baltimore and Potomac Railroad Company Baltimore and Susquehanna Railroad Company Northern Central Railway Company Baltimore and Port Deposit Railroad Company Philadelphia, Wilmington and Baltimore Railroad Company Philadelphia, Baltimore and Washington Railroad Company Union Railroad Company Pennsylvania Railroad Company Western Maryland Railroad Company Western Maryland Railroad Terminal Company Western Maryland Tidewater Railroad Company The Western Maryland Railway Company Western Maryland Railroad Company Chesapeake and Curtis Bay Railroad Company Maryland and Pennsylvania Railroad Company Baltimore and Delta Railroad Company Baltimore and Lehigh Railroad Company Canton Railroad Company Baltimore City Passenger Railway Company Baltimore Traction Company Citizens Railway Company Central Passenger Railway Company Baltimore and Hall Springs Railway Company Highlandtown and Point Breeze Railway Company Baltimore, Canton and Point Breeze Railway Company Baltimore, Pimlico and Pikesville Railway Company Baltimore and Randallstown Railroad Baltimore and Powhatan Railway Company North Avenue Electric Railway Company Baltimore, Peabody Heights and Waverly Railroad North Baltimore Passenger Railway Company Peoples Passenger Railway Company Peoples Railway Company Baltimore Union Passenger Railway Company City and Suburban Railway Company Baltimore and Yorktown Turnpike Road Electric Storage Company of Baltimore City Edmondson Avenue, Catonsville and Ellicott City Railway Co. Baltimore and Northern Electric Railway Company Baltimore Consolidated Railway Company Baltimore, Halethorpe and St. Denis Railway Company Columbia and Maryland Railway Company Falls Road Electric Railway Company Maryland Electric Railway Company United Railways and Electric Company Baltimore Transit Company Baltimore, Chesapeake and Atlantic Railway Company Maryland, Delaware and Virginia Railway Company Baltimore and Eastern Railroad Company Baltimore and Sparrows Point Railroad Company (b) (1) Provided, however, that nothing in this section shall be held or construed to amend, modify, or repeal in any respect any of the aforesaid ordinances but that, notwithstanding the repeal of said §§ 24 - 31 and 46 - 62, both inclusive, of Article 39 of this Code (1927 Edition), all said ordinances shall be construed to have at all times been, and shall continue to be, in full force and effect. (2) And provided further, that nothing in this section shall be held or construed to operate as an extension, renewal, or revival of any expired or abandoned right, privilege, or franchise or any duty or obligation or as an abandonment or waiver of any of the rights, powers, privileges, or franchises of said companies or of the Mayor and City Council of Baltimore. *History: Ord. 50-1279* ## Article 22 – Retirement Systems ### Subtitle 1 – Employees’ Retirement System #### § 1 Definitions. Balt., Md., Code art. 22, § 1 (2026) (1) “Retirement System” shall mean the Employees’ Retirement System of the City of Baltimore as defined in § 2 of this subtitle. (2) (i) “Employee” means, except as provided in subparagraph (ii) of this paragraph, any of the following: (A) any permanent officer or employee of the Mayor and City Council of Baltimore, including any officer or employee of an agency, department, unit, subdivision, or instrumentality of the Mayor and City Council; (B) any permanent officer or employee, by whatever authority appointed, whose salary or compensation is paid by the Mayor and City Council of Baltimore, except when the City acts only as an agent for the convenience of disbursing payroll funds; (C) any employee of the Baltimore City Public School System who is not eligible to participate in the Maryland State Retirement and Pension System; (D) any employee of the Maryland Department of Public Safety and Correctional Services who: 1. was a City employee working at the Baltimore City Jail when the State assumed administration of the Jail in July 1991; and 2. on becoming a State employee, elected to remain a member of this System; (E) any employee of the Baltimore Museum of Art or of the Walters Art Museum who was employed by either museum on or before June 30, 2014, except that, after termination of that employment, if the employee is rehired on or after July 1, 2014, the employee no longer is an “employee” for purposes of this subtitle; and (F) the State’s Attorney for Baltimore City. (ii) “Employee” does not include: (A) any “elected official”, as defined in § 17A(2) of this article for purposes of membership in the Elected Officials’ Retirement System of the City of Baltimore; or (B) any “employee”, as defined in § 30(2) of this article for purposes of membership in the Fire and Police Employees’ Retirement System of the City of Baltimore. (iii) (A) In all cases of doubt, the Board of Trustees determines who is an “employee” under this subtitle. (B) A determination by the Board under this subparagraph is final and binding on all persons, subject to the rights of appeal and review under § 15 of this subtitle. (3) “Member” shall mean any person included in the membership of the system as provided in §§ 3 and 9 of this subtitle. (4) “Board of Trustees” shall mean the Board, provided in § 5 of this subtitle, to administer the Retirement System. (5) “Minor child” means the child of a member, former member, or retiree who has not attained age 22. (6) “Service” shall mean service as an employee as described in paragraph (2) of this section, and paid for by the City of Baltimore, while a member of the Employees’ Retirement System; and any service purchased, repurchased or transferred, by appropriate deposit or redeposit of funds, plus interest, to cover such periods, or any service credited under any other section of this subtitle and under Maryland State law. (7) “Prior service” shall mean service rendered prior to January 1, 1926 for which credit is allowable under the provision of § 4(a) of this subtitle, subject to the qualifications set forth in § 4(d) of this subtitle. (8) “Beneficiary” shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subtitle. (9) (i) “Regular interest” means: (A) for the accumulation of Class A or Class B member contributions, interest at 5.25% per year, compounded annually; and (B) for the accumulation of Class C or Class D member contributions, interest at 3% per year, compounded annually. (ii) “Regular interest” for valuation purposes means: (A) for fiscal years beginning on or before July 1, 2015: 1. 7.75% before benefit payments commence; and 2. 6.55% after benefit payments commence; (B) for fiscal years beginning on July 1, 2016, and on July 1, 2017: 1. 7.5% before benefit payments commence; and 2. 6.5% after benefit payments commence; and (C) for fiscal years beginning on or after July 1, 2018: 1. 7.0% before benefit payments commence; and 2. 6.5% after benefit payments commence. (iii) “Regular interest” for the purpose of determining actuarial equivalents means interest at 4.5% per year, compounded annually. (10) “Accumulated contributions” means the sum of all the amounts deducted from the earnable compensation of a member, and any other additional amounts contributed by the member as provided in this subtitle, together with regular interest as provided in paragraph (9) of this section and pursuant to the provisions of §§ 7, 8 and 9 of this subtitle. (11) Average final compensation: (i) For any member who terminates employment with the City prior to January 1, 1994, except as noted in subparagraphs (a) and (b) below, “average final compensation” shall mean the average annual earnable compensation for any period of 3 successive years of service during which his earnable compensation was highest; or if he had less than 3 years of service, then the average annual earnable compensation during his total years of service. “Earnable compensation” shall mean the annual salary authorized for the member. It shall not include overtime pay, differential pay, environmental pay, hazardous duty pay, pay for conversion of leave or other fringe benefits, or any like additional payments. Beginning with the 1st day of the 1st full pay period after July 1, 1975, the provisions of this paragraph shall apply to members who retired on or after April 19, 1974, up to and including June 30, 1975. However, no retroactive payments shall be made to members who retired before July 1, 1975. Beginning July 1, 1975, the provisions of this paragraph shall apply to all members who retire on or after July 1, 1975. (a) For members who retired during the period beginning with July 1, 1973, up to and including April 18, 1974, the term “average final compensation” shall be the same as is provided in paragraph (11)(i); however, no retroactive payments shall be made with respect to any period prior to the 1st day of the 1st full pay period after July 1, 1975. It is further provided with respect to members who retired during the period July 1, 1973, through April 18, 1974, inclusive, or their beneficiaries, that they shall receive the adjustment required under this paragraph to the extent that it exceeds the benefit provided under § 6(n) and § 6(o) of this article as amended from time to time. (b) Beginning July 1, 1984, any member who retired between January 1, 1926 and April 18, 1974, or the member’s beneficiary, shall have the retirement allowance portion of the total retirement benefit recalculated on the member’s average final compensation as defined in § 1(11)(i). The total difference between the average final compensation calculated at the time of retirement and the calculation based on average final compensation based on 3 years shall be added to the present annual allowance being received. However, no retroactive payments for any increases shall be made to eligible beneficiaries of deceased members and members retired before April 19, 1974. (ii) For any member who is an employee on or after January 1, 1994, “average final compensation” means the average of the member’s annual earnable compensation on January 1 for 3 successive years of service when the member’s earnable compensation is the highest. If the member is in service on January 1 for less than 3 successive years, then average final compensation means the average annual earnable compensation during this total years of service. “Earnable compensation” means the annual salary authorized for the member. It does not include overtime pay, differential pay, environmental pay, hazardous duty pay, pay for conversion of leave or other fringe benefits, or any like additional payments. (12) “Annuity” shall mean payments for life derived from the “accumulated contributions” of a member. (13) “Pensions” shall mean payments for life derived from money provided by the City of Baltimore. It shall not include additional benefits provided under §§ 6(n) and 6(o) of this subtitle. (13a) (i) All retirement allowances or other benefits that are calculated on an annual basis shall be payable for each month in a year. Payments shall be made in periodic installments, as determined from time to time by the Board of Trustees, and the monthly allowance shall be computed by dividing the annual allowance by 12. (ii) All retirement dates for all Class A, B, C, and D members shall fall on the 1st of a month. (14) “Retirement” shall mean withdrawal from active service with a retirement allowance or pension, granted or deferred under the provisions of this subtitle. However, the deferment of the receipt of the retirement allowance or pension must be at the option of the member. (15) “Retirement allowance” shall mean the sum of the “annuity” and the pensions. (16) “Annuity reserve” shall mean the present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of such mortality tables as shall be adopted by the Board of Trustees and regular interest. (17) “Pension reserve” shall mean the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of such mortality table as shall be adopted by the Board of Trustees and regular interest. (18) “Total retirement benefits” shall mean the sum of the “annuity” and the “pensions”, and any additional annual benefits, including §§ 6(n) and 6(o), payable to a retiree or his beneficiary as provided for under this subtitle. (19) “Actuarial equivalent”, for purposes of determining the amount of an optional retirement benefit under this subtitle, means a benefit of equivalent value when calculated using: (i) regular interest for actuarial equivalent purposes; and (ii) mortality assumptions based on the following tables: (A) for retirements effective on or before June 30, 2016, the UP-84 mortality table with no set forward, except that in the case of disability retirements under this subtitle, the table is set forward 9 years; and (B) for retirements effective on or after July 1, 2016, the RP-2000 mortality tables for males and females set forward 2 years and projected 15 years using 50% of Scale AA and then blended 50% for males and females. (20) “Actuary” shall mean the person or persons designated as hereinafter provided. (21) The male pronoun shall include the female pronoun or vice versa. (22) “Actuarial reserve” shall mean the present value of a benefit due the member, based on such interest and mortality tables as are adopted by the Board of Trustees upon the advice of the actuary for the Retirement System. (23) (24) “Fiscal year” shall be the 12- month period beginning on July 1 of each year and ending on June 30 of the following year, both these dates included therein, or such alternate dates as shall be mandated by law for the Mayor and City Council. (25) “Hours of work” shall mean in the computation of service as provided in § 9(c), the prescribed number of regular working hours in a fiscal year, exclusive of overtime, as set forth in an employee’s job classification. (26) “Normal retirement date” shall be for all Class C members the 1st day next following the member’s having attained age 65. (27) “Panel of hearing examiners” shall mean the panel of hearing examiners provided for in § 5(l) and § 9(p). (28) “Parity time period” shall mean a period of time equal to the service credit a former Class A, Class B, or Class C member had acquired at the time such former member terminated employment with the City, plus any additional service credit for any employment for which the former Class A or Class B member would have been eligible to receive service credit on the date of reemployment, whether by purchase or repurchase, or by transfer of the applicable funds, had he continued his previous City employment and his Class A or Class B membership. (29) “Primary Social Security benefit” for all Class C members shall mean the estimated annual primary Social Security benefit, as determined by the actuary, to which such Class C member was or would become entitled to upon reaching the age of 65, based on the Social Security Act in effect on January 1 of the year of the member’s termination, normal retirement, early retirement, postponed retirement, or ordinary disability. In making the determination, the actuary shall conclusively presume (whether actual or not) that the member has always been a covered employee under the Social Security Act and that the member’s earnable compensation (as defined in § 1(11)), which would be treated as wages for purposes of the Social Security Act, has increased at a rate determined by the actuary, the amount to which the member is entitled shall not be reduced because of any Social Security entitlement by reason of a spouse, age of spouse, dependents, or any Social Security disability which the member, the spouse or dependents may suffer, or any Social Security, or Social Security offset income earned by the member. For purposes of computing a member’s primary Social Security benefit, if a Class C member has not reached the age of 65 years as of the date on which benefits are determined, City earnable compensation (as defined in § 1(11)), which would be treated as wages for purposes of the Social Security Act after his retirement or termination of employment, shall be deemed to be at the same rate as the rate in effect as of the date benefits are determined. (30) Covered Compensation: (i) For any Class C member who was an employee on or after June 28, 1991, and who terminates employment with the City on or before June 28, 1993, “covered compensation” shall mean for any member on any date, an annual amount determined on the basis of the federal Social Security Act as in effect on the 1st day of the fiscal year during which the determination is made. Such annual amount shall equal the average of the taxable wage bases (as defined herein) in effect for each calendar year during the 35-year period ending with the calendar year which ends immediately prior to the earlier of: (a) July 1 of the fiscal year in which the member terminates City employment; or (b) the calendar year in which the member attains age 65. “Taxable wage base” means, with respect to any calendar year, the maximum amount of earnings which may be considered wages under § 3121(a)(1) of the Internal Revenue Code of 1986, as amended. (ii) For any Class C member who was an employee on or after June 29, 1993, “covered compensation” shall mean for any member on any date, an annual amount determined on the basis of the federal Social Security Act as in effect on the 1st day of the fiscal year during which the determination is made. Such annual amount shall equal the average of the taxable wage bases (as defined herein) in effect for each calendar year during the 35-year period which ends with the calendar year prior to the earlier of: (a) the January 1 which is one year prior to January 1 of the calendar year in which the member terminates employment with the City; or (b) January 1 of the calendar year in which the member attains age 65. “Taxable wage base” means, with respect to any calendar year, the maximum amount of earnings which may be considered wages under § 3121(a)(1) of the Internal Revenue Code of 1986, as amended. (31) “Present value” means the amount determined using: (i) regular interest for valuation purposes under paragraphs (9)(ii)(b)1. or (9)(ii)(c)1. of this section; and (ii) mortality assumptions based on the table in effect under the definition of “actuarial equivalent” in paragraph (19)(ii) of this section. *History: Ord. 26-553* *History: Ord. 50-1410* *History: Ord. 53-769* *History: Ord. 59-1864* *History: Ord. 58-1263* *History: Ord. 58-1261* *History: Ord. 64-425* *History: Ord. 67-995* *History: Ord. 72-237* *History: Ord. 73-419* *History: Ord. 74-552,* *History: Ord. 75-975* *History: Ord. 75-1058* *History: Ord. 77-378* *History: Ord. 79-1055* *History: Ord. 79-1126* *History: Ord. 84-029* *History: Ord. 86-731* *History: Ord. 86-767* *History: Ord. 91-777* *History: Ord. 92-086* *History: Ord. 93-263* *History: Ord. 95-466* *History: Ord. 98-290A* *History: Ord. 00-052* *History: Ord. 05-173* *History: Ord. 07-422* *History: Ord. 12-044* *History: Ord. 13-144* *History: Ord. 14-216* *History: Ord. 16-488* *History: Ord. 16-576* *History: Ord. 20-459* #### § 2 Name and date operative. Balt., Md., Code art. 22, § 2 (2026) A retirement system is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances, pensions and other incidental benefits under the provisions of this subtitle for employees of the City of Baltimore who become members of this retirement system. It shall be known as the “Employees’ Retirement System of the City of Baltimore”. The Retirement System so created shall begin operation as of January 1, 1926. *History: Ord. 26-553* *History: Ord. 75-1058* *History: Ord. 79-1055* #### § 3 Membership. Balt., Md., Code art. 22, § 3 (2026) (a) Membership in the Retirement System shall begin not earlier than January 1, 1926. The membership shall consist of the following: (1) All persons who become employees before July 1979 and all employees who enter or reenter the employment of the City of Baltimore after January 1, 1926, but before July 1, 1979, with the exception of those employees who are required to join either Maryland State or other retirement systems, may become members on their own application, and all those employees who complete two years of employment thereafter shall become members of the Retirement System as a condition of employment. (2) All persons who become employees and all employees who enter or reenter the employment of the City of Baltimore on or after July 1, 1979, are subject to § 9 of this article. However, notwithstanding anything to the contrary, any Class A or Class B member who is laid off, placed on a reemployment list, and returns to City employment from the reemployment list shall immediately once again become a Class A or Class B member. (3) The Board of Estimates may authorize membership for any class of part-time employees. That membership may only be prospective. (b) (1) A member may not make contributions to, receive any pension or retirement allowance from, or accrue any service credit in any other pension or retirement system of the City of Baltimore while at the same time accruing service credit in this system. (2) The prohibition set forth in paragraph (1) of this subsection does not apply to contributions made to or benefits received from: (i) the Baltimore City Municipal Deferred Compensation Plan; or (ii) the Social Security System established by the Act of Congress known generally as “The Social Security Act of 1935”, as amended from time to time. (c) The Board of Trustees may deny the right to become members to any class of elected officials, or any class of appointed officials, whose terms are fixed by law, or it may, in its discretion, make optional with persons in any such class their individual entrance into membership. Any elected official or any appointed official whose term is fixed by law who is now a member or who hereafter becomes a member of the Employees’ Retirement System may, at any time, resign from said system and be entitled, on demand, to the return of his accumulated contributions. However, such elected or appointed official, whose term is fixed by law, shall have the right at his option to continue membership in the Retirement System following the end of the term of office for which he was last elected or appointed. Such right shall be contingent upon such person’s making all the payments which would have been made by him and also by the City had he continued to hold such elective or appointive office. Such payments shall be based on the current rate of compensation such person would have received, had he remained in office. Within 30 days following the end of the term of office for which said official was last elected or appointed, in order to exercise such option, said official shall be required to deposit the remainder of all the payments in advance for the current fiscal year which would have been paid had he continued to hold such elective or appointive office. Thereafter, such payments shall be made in annual amounts, in advance, within 30 days of the beginning of each and every fiscal year. Such payments shall entitle said official to the same service credit that he was receiving as a member prior to his leaving office. Upon the attainment of age 60, such official shall be entitled to receive a service retirement allowance as provided for under the provisions of § 6(b) of this subtitle, computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement. Such deceased member’s beneficiary or his estate shall not be entitled to any benefit under this subtitle other than the return of the deceased member’s accumulated contributions. (d) (1) If a Class A or Class B member terminates employment with the City and is not eligible for any benefits under this subtitle: (i) he or she ceases to be a member of this System; and (ii) his or her accumulated contributions, if any, will be refunded (with regular interest credited through the date of termination). (2) If a Class C member terminates employment with the City for more than 30 consecutive days and is not eligible for any benefits under this subtitle: (i) she or he ceases to be a member of this System; and (ii) her or his accumulated contributions, if any, will be refunded in accordance with § 9(m)(7) of this subtitle. (3) If a Class D member terminates employment with the City for more than 30 consecutive days and is not eligible for any benefits under this subtitle: (i) he or she ceases to be a member of this System; and (ii) his or her accumulated contributions will be refunded in accordance with § 9.2(k)(6) of this subtitle. (e) - (f) (g) On and after January 1, 1954, there shall be 2 classes of members to be known as Class A and Class B members, and beginning July 1, 1979, there shall be a 3rd class of members to be known as Class C members, and to be defined as follows: (1) Class A members shall be all new employees before July 1, 1979, who enter the membership on or after January 1, 1954, and any members in service on January 1, 1954, who elect on a form approved by the Board, to contribute at a rate of contribution computed to provide an annuity at age 60 of 1/120 of average final compensation, multiplied by the number of years of service after March 31, 1954. Any school crossing guard, police department meter monitor or linemen transferred to this system pursuant to § 30(2) of this article shall be classified in this system as a Class A member, and shall not be charged with any deficit resulting from the difference in contribution rates between the Fire and Police Employees’ Retirement System and this system in the calculation of said member’s retirement allowance at the time of retirement. The pension at service retirement on account of each year of prior service for Class A members shall be 1/60 of average final compensation, and the pension on account of each year of service since January 1, 1926 shall be 1/120 of average final compensation. (2) Class B members shall be members in service on January 1, 1954, who do not elect, prior to April 1, 1954, to contribute at the higher rate applicable to Class A members. The term “Class B members” also includes those members in service who do not become Class A members pursuant to the provisions of this subsection. The pension at service retirement on account of each year of prior service for Class B members shall be 1/65 of average final compensation, and the pension on account of each year of service since January 1, 1926, shall be 1/130 of average final compensation. Any time on or after December 1, 1975, any Class B member in the Retirement System may elect to become a Class A member. Such election shall be contingent upon said member’s depositing, by a lump sum payment or by an increased rate of contribution, the amount necessary to obtain an annuity savings account balance equal to the balance such account would contain if said member had elected to become a Class A member on January 1, 1954. Said payments by the member to obtain Class A membership shall be paid in full 90 days before the effective date of his retirement. If said payments are not paid in full at the time of the member’s retirement or death, any retirement benefits payable shall be the actuarial equivalent of the payments made by the member. (3) Class C members shall be all members as defined in § 9(a). (4) Class D members shall be all members as defined in § 9.2(a). *History: Ord. 26-553* *History: Ord. 27-113* *History: Ord. 45-168* *History: Ord. 53-767* *History: Ord. 58-1387* *History: Ord. 58-1262* *History: Ord. 59-1774* *History: Ord. 53-899* *History: Ord. 56-218* *History: Ord. 65-702* *History: Ord. 67-1039* *History: Ord. 75-1058* *History: Ord. 76-187* *History: Ord. 79-972* *History: Ord. 79-1055* *History: Ord. 97-168* *History: Ord. 07-422* *History: Ord. 14-216* *History: Ord. 16-488* #### § 4 Service creditable. Balt., Md., Code art. 22, § 4 (2026) (a) Under such rules and regulations as the Board of Trustees shall adopt, each member who was an employee at any time during the year 1925 and who becomes a member during the year 1926, shall file a detailed statement of all service as an employee rendered by him prior to that date for which he claims credit, including all service creditable to him under any other retirement system supported wholly or in part by the City of Baltimore at the time he becomes a member of this system, and of such other facts as the Board of Trustees may require for the proper operation of the Retirement System. (b) (1) For Class A and Class B members, the Board of Trustees shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service, or proportion thereof, but in no case shall more than 1 year of service be credited for all service in any 12-month period, nor shall the Board of Trustees allow credit as service for any period of more than 1 month’s duration during which the employee was absent without pay. In the case of former members of the General Assembly of Maryland who become or who have become members of the Retirement System, each full year of membership in the General Assembly shall be credited as a year of service, regardless of whether payment for such service was on a per diem or per annum basis. In any event, a member who vacated or otherwise relinquished his position as a member of the General Assembly before the end of the term for which he was elected, shall be given full credit up to the date of his separation from this position, regardless of whether payment for such service was on a per diem or per annum basis. (2) (i) Notwithstanding anything to the contrary, any Class A or Class B member who was an employee of the City of Baltimore on January 1, 1996, and who separates from service with the City on or after January 1, 1996, and on or before December 31, 1996, shall receive: 1. additional years of service credit equal to the greatest of: A. 1 year; B. 1/6 of the number of years of existing service credit (rounding any part of an existing year to the next highest year) that the eligible member has acquired as of the date of separation from City employment; or C. 1/45 of the member’s compensable leave days. For purposes of this § 4(b)(2)(i)1.C., “compensable leave days” shall be the total of vacation, personal leave, and 1/3 of the number of sick leave days that the member has accumulated as of May 1, 1996, or, if earlier, the effective date of the member’s separation from service. For purposes of calculating “compensable leave days” only, employees of the Baltimore City Police Department who were hired prior to July 1, 1973, and who, under Baltimore City Police Department personnel policies, do not accumulate sick leave days shall be deemed to have accumulated 6 sick leave days for each year of employment with the Police Department as of May 1, 1996. “Compensable leave days” shall not include accumulated vacation and personal leave cashable on other than a 1-for-1 basis, K-days, compensatory time, or any other leave not enumerated in the above definition. The Department of Finance shall provide to the Retirement System a report showing, for each member who is an employee of the City of Baltimore, his or her accumulated balance of “compensable leave days” as defined herein as of May 1, 1996, or, if earlier, the effective date of the member’s separation from service; and 2. for a member whose retirement is effective on or after May 1, 1996, and on or before July 31, 1996: A. an additional retirement benefit equal to 5% of the member’s total retirement benefit, after crediting the additional years of service granted under subparagraph (i)1 of this paragraph, payable in the same manner as the member’s total retirement benefit; B. the same post retirement benefit increase that is payable as of January 1, 1997, to other eligible retirees and beneficiaries, notwithstanding any waiting period otherwise required under this subtitle for eligibility; and C. payment of his or her retirement benefits beginning as of the member’s date of retirement, even if, notwithstanding the normal 30-day waiting period required by this subtitle for benefits, the date of retirement is less than 30 days after the date of application. (ii) Notwithstanding anything to the contrary, any Class A or Class B member who was any employee of the City of Baltimore on June 30, 1995, and who, on or after July 1, 1995, and on or before December 31, 1995, was removed from his or her regular permanent position with the City without fault (within the meaning of § 6(a)(11) of this subtitle), shall receive additional service credit calculated under § 4(b)(2)(i)1.A. and B, but without regard to § 4(b)(2)(i)1.C or 2 above. (iii) The additional service credits and benefits granted under this § 4(b)(2) shall not be applicable to Class A or Class B members who are terminated for cause as defined by Civil Service Rule 56. (iv) The additional service credit granted under this § 4(b)(2) shall be added to the service credit that the member has acquired at the date of separation, and the new total service credit shall be used to determine all other benefit and service eligibility under this subtitle as if the new total were the member’s service credit at the time of separation. For purposes of this § 4(b)(2), the date of separation of service shall be the date of cut-off as shown on the member’s cut-off notice. (v) Should a Class A or Class B member who has been separated from service and who has received additional service credits and benefits under this § 4(b)(2) return to City employment, the additional service credits and benefits granted under this § 4(b)(2) shall be forfeited and voided and the member’s previous service credit and applicable benefits as of the member’s date of separation and prior to the inclusion of any additional service credit or benefit shall be restored to full force and effect. (vi) All additional benefit payments provided herein shall be prospective from the effective date of this § 4(b)(2) or the member’s date of retirement, whichever is later. (vii) The additional service credit granted under this § 4(b)(2) shall provide credit towards benefits in the Employees’ Retirement System only and shall not be transferable to any other retirement or pension system. (viii) To the extent any additional benefit provided to any member by this § 4(b)(2) constitutes a discriminatory benefit under regulations applicable to governmental plans issued by the Secretary of the Treasury under Internal Revenue Code § 401(A)(4) (when such regulations are effective), such additional benefit for any member shall be null and void. (3) The service of Class C members shall be computed and credited under the provisions contained in § 9(c). (4) The service of Class D members shall be computed and credited under the provisions contained in § 9.2(c). (c) Subject to the above restrictions and to such other rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees adopt, the Board shall verify, as soon as practicable after the filing of such statement of service, the service therein claimed. (d) Upon verification of the statement of service, the Board of Trustees shall issue prior service certificates certifying to each member the length of service rendered prior to January 1, 1926, with which he is credited on the basis of his statement of service. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service, provided, however, that any member may, within 1 year from the date of issuance or modification of such certificate, request the Board of Trustees to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void. Should the employee again become a member, such employee shall enter the system as an employee not entitled to prior service credit except as provided in §§ 6(b)(12), 6(d)(9), and 6(f)(9) of this subtitle. (e) (1) This subsection applies only to a member of this system who: (i) on account of military service, as defined in paragraph (8) of this subsection, is on unpaid leave of absence from paid City employment; (ii) does not withdraw any of his or her accumulated contributions, unless he or she redeposits the sum withdrawn as provided under paragraph (2) of this subsection; (iii) within 1 year after he or she leaves military service, or any longer period during which his or her employment rights are protected by federal law, is reemployed by the City of Baltimore as a regular and permanent employee; (iv) does not take any employment, other than employment described in item (iii) of this paragraph or temporary employment after the member: (A) applied for reemployment in his or her former classification or position in the City service; and (B) was refused immediate reemployment for causes beyond his or her control; and (v) applies for service credit with the system. (2) (i) If a member of this system who is absent from employment for military service withdraws any of his or her accumulated contributions and redeposits into the system the sum withdrawn, with regular interest at the annuity savings fund rate from the date of withdrawal to the date that the redeposit is completed, the member, if otherwise qualified, is entitled to the benefits of this section as if the withdrawal had not been made. (ii) The redeposit of accumulated contributions: (A) may be made by a single payment or an increased rate of contribution; but (B) must be completed before the member’s retirement date. (iii) The redeposit of accumulated contributions shall be credited pro rata at the time each payment is made. (3) Except as otherwise provided in this subsection, a member of this system who is reemployed under paragraph (1)(iii) of this subsection retains the status and rights as a member during a period of absence from employment for military service. (4) A member of this system shall receive service credit for a period of absence from employment while in military service if: (i) the reemployment of the member under paragraph (1)(iii) of this section is paid employment; and (ii) membership in this system is a requirement of that employment. (5) A member of this system who receives service credit for military service under this subsection may transfer the credit to another state or local retirement or pension system. (6) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, a member of this system who is reemployed under paragraph (1)(iii) of this subsection and is otherwise qualified to retain the status and rights of a member during a period of absence from employment for military service, shall be credited with, at the City’s sole account and expense: (A) the contributions, if any, that the City would have made on behalf of the member if the member had not been absent; and (B) the contributions that the member would have made on his or her own behalf if the member had not been absent. (ii) On a member’s terminating City employment, the member is not entitled to withdraw any part of the contributions credited to his or her account under this paragraph, including the annuity portion attributable to City contributions made under this paragraph, except in the case of death while in City service or retirement from City service. (iii) The Board of Trustees shall refund to a member any contributions made to the System during a period of absence from employment for military service when the member is otherwise exempted under this paragraph from paying contributions into the system. (iv) On termination of a member’s employment during or after a leave of absence for military service, the member, member’s beneficiary, or member’s estate is entitled to a refund of the member’s accumulated contributions, plus interest, in lieu of any other system benefit, excluding contributions made by the City under subparagraph (i) of this paragraph. (7) A member of this system, the member’s beneficiary, or the member’s estate is not entitled to line-of-duty disability benefits or line-of-duty death benefits arising from the member’s death or disability during a period that the member is absent from employment for military service. (8) (i) In this subsection, “military service” means any: (A) “service in the uniformed services”, as defined by and interpreted under 38 U.S.C. § 4303(13); or (B) “military Service”, as defined by and interpreted under State Personnel and Pension Article § 38-101(d); (ii) “Military service” includes active duty, active duty for training, initial active duty for training, and inactive duty training (such as drills), under competent authority, on a voluntary or involuntary basis, in the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service Commissioned Corps, the Army National Guard, the Air National Guard, the Maryland National Guard, as well as the reserve components of each of these services, and any other category of persons designated by the President or the Governor of the State of Maryland in time of war or national or state emergency. (9) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees may adopt rules, resolutions, and regulations to carry out this subsection. (f) Notwithstanding any other provisions of this subtitle, upon proper application to the Retirement System, up to 3 years of credit shall be granted for military service, as defined in § 4(e) of this subtitle, to any Class A or Class B member who has served in the military prior to employment with the City, provided: (1) if the member terminates employment on or before December 31, 1995, the member has acquired at least 10 years of service and has attained at least age 60, or the member has acquired 30 or more years of service, regardless of age; or (2) if the member terminates employment on or after January 1, 1996, the member has acquired at least 10 years of service and has acquired at least age 60, or the member has acquired 20 or more years of service, regardless of age. (3) However, a member shall not be awarded credit if he has received credit for a period of military service under any other retirement system for which retirement benefits have been or will be received by him; however, this exclusion does not apply to any such credit provided through Federal Old-Age and Survivors Insurance (Social Security), or to any benefits provided under Title 3 or Title 10, Chapter 67, §§ 1331 through 1337 of the U. S. Code. In addition, the military service credit herein provided shall not exceed 3 years. The City shall make all necessary contributions to the pension and annuity funds for the funding of military service credit. (g) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees is hereby authorized to issue rules and regulations to carry out the provisions of this section, notwithstanding any present rules and regulations to the contrary *History: Ord. 26-553* *History: Ord. 43-920* *History: Ord. 46-303* *History: Ord. 46-458* *History: Ord. 47-854* *History: Ord. 56-369* *History: Ord. 74-552* *History: Ord. 75-1058* *History: Ord. 79-1055* *History: Ord. 79-1126* *History: Ord. 81-552* *History: Ord. 86-663* *History: Ord. 86-767* *History: Ord. 95-632* *History: Ord. 96-006* *History: Ord. 96-051* *History: Ord. 05-173* *History: Ord. 14-216* *History: Texts Conformed 02/22/21* #### § 5 Administration; Board of Trustees. Balt., Md., Code art. 22, § 5 (2026) (a) (1) The general administration and the responsibility for the proper operation of the Retirement System and for making effective the provisions of this subtitle, subject to the provisions contained in § 5, § 6, and § 9 of this subtitle, are vested in a Board of Trustees, which shall be organized immediately after 3 of the trustees provided for in this section have qualified and taken the oath of office. (2) (i) At the written request of the Finance Director and on a majority vote of the Board’s members, the Board may serve in a fiduciary capacity for other City trust funds. (ii) The Board may not unreasonably withhold the approval required by subparagraph (i) of this paragraph. (iii) For each City trust fund that the Board serves under this paragraph (2), a Memorandum of Understanding between the Board and the Director of Finance must be executed and approved by the Board of Estimates. (b) The Board shall consist of 10 trustees as follows: (1) The City Comptroller. (2) the Director of Finance. (3) the Chief Executive Officer (CEO) of the Baltimore City Public School System, or the Chief Financial Officer of the Baltimore City Public School System, if designated by the CEO. (4) (i) 2 members of this System to be elected by the membership of this System under rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees adopts to govern the election. These members shall serve for terms of 4 years each, staggered as provided for the trustees first elected under this paragraph (4). These members shall possess experience in relevant institutional investment management or a related field. (ii) A member elected to serve as trustee under this paragraph (4), who retires during his or her term of office after having served more than 2 years in office and who begins receiving a retirement benefit, will continue to serve for the balance of his or her term of office. (5) (i) 2 residents of the City of Baltimore, to be appointed by the Mayor, subject to confirmation by the City Council, as provided in City Charter Article IV, § 6, each to serve for terms of 4 years concurrent with the Mayor’s term of office. (ii) 1 of these trustees shall possess commercial banking experience or similar financial experience. (iii) As of his or her appointment and during his or her entire term of office, a trustee appointed under this paragraph (5) may not be an employee. (6) (i) 2 residents of the City of Baltimore or a surrounding county, to be appointed by the Mayor, subject to confirmation by the City Council, as provided for in City Charter Article IV, § 6, from recommendations made by the President of the City Council, to serve for a term of 4 years concurrent with the Mayor’s term of office. (ii) As of his or her appointment and during his or her entire term of office, a trustee appointed under this paragraph (6) may not be an employee. (iii) A trustee appointed under this paragraph (6) shall possess at least 5 years of institutional investment, insurance, taxation, accounting, or finance experience. (7) 1 retiree of this System to be elected by the retirees under rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees adopts to govern the election. This member shall serve for a term of 4 years, staggered as provided for the trustee first elected under this paragraph (7). This member shall possess experience in relevant institutional investment management or a related field. (8) Notwithstanding City Charter Article IV, § 8, which ordinarily requires minority party representation, the election or appointment of Trustees under this subsection shall be made without regard to political affiliation, including those Trustees holding their positions ex officio. (9) (i) The Board of Trustees is an “agency” and a “board” within the meaning of and subject to the standards and requirements of the Baltimore City Public Ethics Law (City Code Article 8). Each Trustee is a “public servant” and an “official” within the meaning of and subject to the standards and requirements of the Baltimore City Public Ethics Law. And each employee of the Board is a “public servant” and an “employee” within the meaning of and subject to the standards and requirements of the Baltimore City Public Ethics Law. (ii) In addition to the standards and requirements contained in the Baltimore City Public Ethics Law, Trustees and Board employees may not engage in any of the following activities or hold any of the following interests, as these activities or interests are defined in the Baltimore City Public Ethics Law. 1. No Trustee or Board employee may do business with any system, plan, or trust administered by any of the following (collectively, the “City Benefit Plans”): A. the Board of Trustees of the Employees’ Retirement System of the City of Baltimore; B. the Board of Trustees of the Fire and Police Employees’ Retirement System of the City of Baltimore; C. the Board of Trustees of the Elected Officials’ Retirement System of the City of Baltimore; D. the Board of Trustees of the Retirement Savings Plan of the City of Baltimore; and E. the Committee of the City of Baltimore Deferred Compensation Plan. 2. No Trustee or Board employee may be employed by or have a financial interest in any person or entity doing business or seeking to do business with any City Benefit Plan. 3. A. Notwithstanding City Code Article 8 {“Ethics”}, § 6-28(3) {“Gifts: Qualified exemptions; travel, etc., expenses”}, no Trustee or Board employee may accept any gift or any payment, free admission, or expense reimbursement for attendance at a conference, seminar, or similar meeting, or for related food, travel, lodging, or entertainment, if the gift or the payment, free admission, or reimbursement is, directly or indirectly, from: i. any person or entity engaged in an activity or providing a product or service that the Trustee knows or has reason to know has been marketed to a City Benefit Plan or is of a type that the Trustee reasonably would expect to be marketed to a City Benefit Plan; or ii. any trade, professional, or other association that has members engaged in an activity or providing a product or service that the Trustee knows or has reason to know has been marketed to a City Benefit Plan or is of a type that the Trustee reasonably would expect to be marketed to a City Benefit Plan. B. Subparagraph 3.A does not preclude application of the qualified exemptions contained in City Code Article 8, § 6-28(1) {“food or beverages .. consumed ... in ... presence of ... donor”}, § 6-28(2) {“gift ... [of] insignificant value”}, § 6-28(5) {“gift ... [exempted by] Ethics Board”}, or § 6-28(6) {“gift from a spouse, parent, child, or sibling”}, subject to the qualifications of § 6-29 {“Exemption limitations”}. 4. No funds of this System or of any system, plan, or trust administered by the Board of Trustees may be used to pay for the attendance of a Trustee or Board employee at any conference, seminar, or similar meeting, or for related food, travel, lodging, or entertainment, unless that attendance has first been approved by the Board of Estimates in accordance with the Administrative Manual of Baltimore City, AM-240-3 {“Board of Estimates Approval”}. 5. No Trustee or Board employee may engage in any activity that requires registration as a lobbyist with the City Ethics Board. (iii) The City Ethics Board shall administer and enforce this paragraph (5) in accordance with the administrative and enforcement provisions of the Baltimore City Public Ethics Law. (c) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (d) The trustees shall serve without compensation, but they shall be reimbursed for all necessary expenses that they may incur through service on the Board. (e) Before assuming office, each trustee shall, within 30 days after his or her appointment or election, take an oath of office that, so far as it devolves on him or her, the trustee will diligently and honestly administer the affairs of the Board, and that he or she will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the Retirement System. This oath shall be subscribed to by the member making it and certified by the Mayor before whom it is taken and shall be immediately filed in the office of the Director of Finance. (f) Each trustee shall be entitled to 1 vote in the Board; 3 votes shall be necessary for a decision by the trustees at any meeting of said Board. (g) Subject to the limitations of this subtitle, and subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees shall, from time to time, establish rules and regulations for the administration of the funds created by this subtitle and for the transaction of its business. Furthermore, the Board of Trustees shall adopt and administer uniform rules and regulations applicable to all members and shall not discriminate in favor of or against any members so that all members in like circumstances shall be treated the same. (h) (1) (i) The Board of Trustees shall elect a Chair and a Vice-Chair from among its members. (ii) The System’s Executive Director serves as the Secretary to the Board. (2) (i) As the Board of Trustees deems necessary from time to time, the Board shall engage actuarial and other third-party services as required to transact the business of the System. (ii) The retention of these services is subject to the approval of the Board of Estimates as required by the City Charter and, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, by the rules and regulations of the Board of Estimates. (i) The Board of Trustees shall keep in convenient form such data as shall be necessary for actuarial valuation of the various funds of the Retirement System and for checking the experience of the system. (j) The Board of Trustees shall keep a record of all of its proceedings which shall be open to public inspection. It shall publish annually on or before November 1 a report showing the fiscal transactions of the Retirement System for the year ending on the preceding June 30, the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the assets and liabilities of the Retirement System. The Board shall submit said report to the Mayor and shall furnish copies thereof to the heads of the various departments for their use and the use of the members employed therein. (k) The City Solicitor of the City of Baltimore shall be the legal advisor of the Board of Trustees. (k-1) The Board of Estimates of the City of Baltimore from time to time shall select an independent auditor for the Employees’ Retirement System; the auditor shall report his findings annually to the Board of Estimates and to the Board of Trustees and said audit reports shall be public record. (l) (m) The Board of Trustees, with the approval of the Board of Estimates, shall designate a qualified actuary who shall be the technical adviser of the Board of Trustees on matters regarding the operation of the funds created by the provisions of this subtitle, and shall perform such other duties as are required in connection therewith. (n) Immediately after the establishment of the Retirement System, the actuary shall make an investigation of the mortality, service and compensation experience of the members of the system, and on the basis of such investigation, he shall recommend for adoption by the Board of Trustees such tables and such rates as are required in subsection (o). The Board of Trustees shall adopt tables and certify rates, and as soon as practicable thereafter, the actuary shall make a valuation based on such tables, and rates, of the assets and liabilities of the funds created by this subtitle. (o) (1) At least once in each 4-year period, the actuary shall conduct and present to the Board of Trustees an experience study of the mortality, service, and compensation experience of the members and beneficiaries of this System. (2) Taking into account the results of the experience study, the Board of Trustees shall adopt and certify for the System the mortality, service, compensation, and other actuarial assumptions it deems necessary for the actuary to determine the annual contribution by the City to this System. (p) On the basis of such tables or rates as the Board of Trustees shall adopt, the actuary shall make an annual valuation of the assets and liabilities of the funds of the system together with adjustments for actual experience as may be necessary. (q) The Board of Trustees and the panel of hearing examiners may, in the enforcement of this subtitle, issue subpoenas, compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, and necessary for hearings, investigations, and proceedings. Any such subpoena shall be served by the Sheriff of Baltimore City or any of his deputies. In case of disobedience to a subpoena, the Board of Trustees may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. Said court, in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses or the production of such books, papers, records, and documents as the case may be, is relevant or necessary for such hearings, investigations, or proceeding of the Board of Trustees and the panel of hearing examiners, may issue an order requiring the attendance, and testimony of such witnesses and the production of such books, papers, records and documents, or any of them, and any failure to obey such order of the court may be punished by the court as contempt thereof. (r) (1) The City shall indemnify every person who is made, or is threatened to be made, a party to any action, suit, or proceeding, including administrative and investigative proceedings by reasons of his or her service in a fiduciary capacity to the Employees’ Retirement System of Baltimore City, in accordance with and subject to the conditions of this section. (2) “Service in a fiduciary capacity” defined. (i) In this section,“service in a fiduciary capacity” means: (A) the exercise of any authority, control, or policy-making function, including acts of commission or omission, concerning the management or administration of the Employees’ Retirement System of Baltimore City, (B) the exercise of any authority, control, or policy-making function, including acts of commission or omission, concerning the management or disposition of the assets of the System, or (C) the exercise of any authority, control, or policy-making function, including acts of commission or omission, concerning the management or administration of any other City trust fund for which the Board serves as a fiduciary under subsection (a)(2) of this section. (ii) The term includes: (A) membership on the Board of Trustees of the Employees’ Retirement System of Baltimore City, (B) membership on the advisory investment committee, (C) service as Administrator or Deputy Administrator of the Employees’ Retirement System, (D) service as a staff member engaged in policy-making functions in the performance of her or his duties and responsibilities, and (E) service as the Director of Finance, the custodian of the assets of the Employees’ Retirement System of Baltimore City as named in the Baltimore City Charter. (3) If, with respect to a civil, administrative or investigative action, suit, or proceeding, the person acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interest of the Employees’ Retirement System of Baltimore City or of any City trust fund for which the person serves as a fiduciary under subsection (a)(2) of this section, and, with respect to a criminal action, had no reasonable cause to believe his or her conduct was unlawful, then indemnification shall be against those expenses, including reasonable attorneys’ fees, judgments, fines, and accounts paid in settlement that were actually and reasonably incurred by the person in connection with the proceeding. (4) The termination of any suit or proceeding, in any manner, does not of itself create a presumption that the person did not act in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interest of the Employees’ Retirement System or of any City trust fund for which the person serves as a fiduciary under subsection (a)(2) of this section, and with respect to a criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful. (5) Indemnification may not be made: (i) with respect to any suit, claim, or matter as to which the person was adjudged to be liable for gross negligence or willful misconduct in the performance of his or her duty to the Employees’ Retirement System or to any City trust fund for which the person serves as a fiduciary under subsection (a)(2) of this section; (ii) for an independent contractor furnishing services to the Employees’ Retirement System; or (iii) with respect to any matter occurring prior to June 1, 1978. (6) The City shall provide insurance for every person eligible for indemnification under this section against any liability asserted against her or him or incurred by her or him arising out of the person’s status as fiduciary. The City may provide self-insurance for this purpose, in whole or in part, under terms and conditions satisfactory to the Board of Estimates. If the City fails to provide adequate insurance coverage, or if the City fails to provide indemnification under this section, a fiduciary is not required to pay amounts attributable to the liability described in this section by reason of the failure of the City to provide the indemnification, and the City is liable for those amounts. In suits or other actions brought against the City, the City may assert the defense of governmental immunity or any other defense available to the City. (7) The sole and final determination of eligibility of a person for indemnification with respect to a particular action, suit, or proceeding, and the approval of the reasonableness of all fees, expenses, and settlements, is vested in the City Solicitor. (s) Effective retroactively with the year beginning July 1, 1988, and through the year ending June 30, 2013, the Retirement System shall be funded by using the projected unit credit cost method. Effective retroactively with the year beginning July 1, 2013, the Retirement System shall be funded by using the entry age normal cost method. *History: Ord. 26-553* *History: Ord. 68-065* *History: Ord.* *History: Ord. 75-1058* *History: Ord. 78-845* *History: Ord. 79-1055* *History: Ord. 79-1126* *History: Ord. 86-767* *History: Ord. 89-275* *History: Ord. 91-825* *History: Ord. 96-006* *History: Ord. 04-672* *History: Ord. 04-822* *History: Ord. 05-173* *History: Ord. 07-422* *History: Ord. 11-566* *History: Ord. 12-044* *History: Ord. 13-191* *History: Ord. 14-216* *History: Ord. 16-488* *History: Ord. 16-576* *History: Ord. 17-068* *History: Texts Conformed 02/22/21* *History: * #### § 6 Benefits for Class A and Class B members. Balt., Md., Code art. 22, § 6 (2026) (a) Any Class A or Class B member in service may retire upon written application to the Board of Trustees, if the application specifies the date on which the member desires to be retired, which date must be the 1st day of a month and not less than 30 days nor more than 90 days following the filing of the application, and if, on the date so specified, the member shall have attained age 60 and acquired at least 5 years of service or shall have acquired 30 years of service, regardless of age, even if, during the application period, the member has separated from service. Upon retirement from service, a Class A or Class B member who has attained the age of 60, shall be entitled to receive the maximum service retirement allowance which shall consist of: (1) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and (2) (i) for any Class A or B member who retires before June 30, 1993: a pension, which together with his annuity, shall be equal to 1.85% in the case of a Class A member, and 1.70% in the case of a Class B member, of his average final compensation multiplied by the number of years of service credit. However, for members who terminate employment with the City before June 29, 1990, the preceding sentence shall be read by substituting “1.84%” for “1.85%”, and by substituting “1.69%” for “1.70%”. (ii) for any Class A or B member who retires after June 29, 1993, and on or before March 31, 2001: a pension, which together with his annuity, shall be equal to 1.875% in the case of a Class A member, and 1.725% in the case of a Class B member, of his average final compensation multiplied by the number of years of service credit. (iii) for any Class A or B member who retires on or after April 1, 2001: a pension that, together with his or her annuity, is equal to 1.935% in the case of a Class A member, and 1.785% in the case of a Class B member, of his or her average final compensation multiplied by the number of years of service credit. (3) The additional annuity provided as a result of voluntary excess contributions permitted under §§ 8(a)(2) and 8(a)(4) shall be payable and shall not be used in determining the pension payable under § 6(a)(2). (4) (i) Provided, however, that upon retirement from service on or before June 28, 1993, a Class A or Class B member who has not attained the age of 60, but has acquired 30 years or more of service, shall be entitled to receive the maximum service retirement allowance which shall consist of an annuity as provided for in § 6(a)(1), plus the actuarial equivalent of the pension provided for in § 6(a)(2); or such member may elect at the time of retirement to have his service retirement allowance deferred to commence upon the attainment of age 60, in which event the annuity shall be the actuarial equivalent of his accumulated contributions, with regular interest accumulated thereon, to age 60, and the pension payable shall be in the amount computed as provided in § 6(a)(2). For any member who was an employee on or after June 29, 1989, the actuarial equivalent for the purpose of this subsection (a)(4) shall be based on a reduction of 0.17% for each full month (or fraction thereof) by which the commencement of his pension precedes his 60th birthday. However, for members who terminate employment with the City before June 29, 1990, the preceding sentence shall be read by substituting “0.21%” for “0.17%”. (ii) Provided, however, that upon retirement from service on or after June 29, 1993, a Class A or Class B member who has acquired 30 years or more of service, regardless of age, shall be entitled to receive the maximum service retirement allowance without reduction. The allowance shall be based on the member’s service and average final compensation at the time of retirement from service and shall consist of an annuity as provided for in § 6(a)(1), plus the pension provided for in § 6(a)(2). (5) Any Class A or Class B member who is entitled to receive the maximum service retirement allowance may elect to receive such maximum service retirement allowance, or he may elect to receive the actuarial equivalent of such maximum service retirement allowance, computed as of the effective date of his retirement, in a lesser amount payable throughout his life in accordance with the following provisions:
Option 1. If he dies before he has received in total retirement benefits the present value of his retirement allowance as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. Upon his death, his retirement allowance as it was at the time of his retirement, shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 3. Upon his death, ½ of his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 4. Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to such a person or persons as he shall nominate, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his retirement allowance, and subject to approval by the Board of Trustees.
(6) Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, and not thereafter, to change his election of the maximum service retirement allowance to any one of the options hereinbefore set forth, or to change his election of any one of said options to another one of said options, or to change his election from any one of said options to the maximum service retirement allowance. Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, to change his designation of a beneficiary; but thereafter no such change may be made in connection with any option hereinbefore set forth which provides for the payment of a retirement allowance to, and throughout the life of the beneficiary designated. The election of any option or any change in connection therewith shall be made on forms provided for that purpose by the Retirement Systems Office of the City of Baltimore, and filed with said office. (7) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him, as provided hereinbefore, then any payments which may have been made to him prior to such change are to be taken into account in arriving at the amount to be paid to him in connection with the retirement allowance finally selected. (8) Any Class A or Class B member who retires and dies within 30 days after the effective date of his retirement, and who has been granted a retirement allowance of maximum benefits for service under this subsection, or who has elected to receive one of the several optional retirement allowances available, is considered to be a member dying in active service, and the non-line-of-duty death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection. (9) Any service retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his retirement, shall be offset against any amounts payable under the provisions of § 6(h). (10) Notwithstanding any provision to the contrary contained in this subsection, any Class A or Class B member who retires prior to age 60 and who defers his retirement allowance to commence upon his attainment of age 60, shall be considered as a member dying in active service if he dies at any time between the effective date of his retirement and 30 days following his attainment of age 60, and the benefits provided in § 6(h) shall be paid as therein provided. Any retirement allowance payments made to said member after his attainment of age 60, shall be offset against any amounts payable under the provisions of § 6(h). (11) (i) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member be removed from a regular permanent position of the City without fault upon his part, or should a Class A or Class B member appointed or elected for a fixed term not be reappointed or reelected, after the acquisition of 20 years of service, such member may elect, in lieu of the withdrawal of his accumulated contributions, to receive a retirement allowance equal to the ordinary disability retirement allowance as provided in § 6(c), which would have been payable at such time has he been retired on an ordinary disability retirement. Effective December 2, 1991, in applying the preemployment military service credit provision of § 4(f) to a member described in the above paragraph, the requirement that the member shall have attained age 60 shall be disregarded. However, any benefit for which the member could be eligible shall be determined before the military service credit provided for herein is added to the service credit acquired by the member. This Ordinance 91-829 shall also apply to any member who retired under the provisions of the above paragraph. Any increased benefits due to such a retired member shall be paid prospectively from the effective date of this ordinance. Furthermore, variable benefits, if any, paid to such a retired member shall not be changed as a result of this ordinance. (ii) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member be removed from a regular permanent position of the City without fault upon his part, or should a Class A or Class B member appointed or elected for a fixed term not be reappointed or reelected with less than 20 years of service, but after the acquisition of 5 years of service, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and on the attainment of age 60 such member shall be entitled to receive a service retirement allowance as provided for under the provisions of § 6(a) of this subtitle, computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement. Such deceased member’s beneficiary or his estate shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions. Should such a beneficiary be restored to active service, his retirement allowance shall cease, and he shall again become a member of the Retirement System. (12) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member, who has acquired 15 or more years of service, leave a regular permanent position of the City, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and upon attaining the age of 60, such member shall be entitled to receive the maximum service retirement allowance as provided for in § 6(a), computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation, duly acknowledged and filed with the Board of Trustees. The beneficiary or the estate of a deceased member, who dies before attaining the age of 60, shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions with interest to the date of death. This paragraph shall not apply to any Class A or Class B member who is convicted of a job-related offense, such offense being either a misdemeanor or felony punishable by incarceration for more than 6 months or punishable by a fine in excess of $500. To be job-related, the offense must be committed by the member in the performance of his duties as an employee or an official of the City of Baltimore and committed against the City of Baltimore. (13) Any Class A or Class B member who leaves City employment and is entitled to any benefits under this subsection, if he is subsequently reemployed by the City as an employee, shall upon his return to City employment be immediately continued as a Class A or Class B member. Thereupon he shall be credited with any past service, and any retirement allowance he may be receiving shall be discontinued. (14) In the event that a member who was an employee on or after June 29, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for a least 1 year immediately prior to retirement, an amount equal to 35% (or such different amount as set forth below) of the allowance said member was receiving shall be paid to such surviving spouse to continue as long as he or she remains unmarried. If there is no such spouse or if the spouse dies or remarries before the youngest unmarried child of said deceased member shall have either attained the age of 22 years, then an amount equal to 35% (or such different amount as set forth below) of the allowance said member was receiving shall be paid to such child or children, divided in such manner as the Board of Trustees in its discretion shall determine to continue for the benefit of such child or children until the last child marries, dies or attains the age of 22 years. For members who terminate employment with the City before June 29, 1990, the preceding two sentences shall be read by substituting “33⅓%” for “35%” wherever such amounts appear therein. However, effective June 28, 1992, any eligible surviving spouse, child or children of a member who retired and elected or who will retire and elect the maximum benefit under the above paragraph, shall receive 40% of the allowance the member was receiving. (15) (i) Effective with the 1st full payroll period commencing closest to January 1, 1978, the contributions by a Class A or Class B member to the Retirement System shall equal 5% of the member’s earnable compensation, these contributions to continue throughout the member’s entire period of service, subject to the provisions in subparagraph (ii) of this paragraph (15). However, a male member in the system prior to July 1, 1973, who is contributing at a rate of contribution that is less than 5% shall continue to contribute at his present rate; and a female member in the system prior to July 1, 1973, shall contribute at a rate of contribution in effect prior to July 1, 1973, for a male member of corresponding age at the time of entrance into the system, unless that rate exceeds 5%, in which event her contribution shall equal 5% of her earnable compensation. “Earnable compensation” has the meaning defined in § 1(11) of this subtitle. Beginning July 1, 1992, the preceding paragraph shall read by substituting “4%” for “5%”. (ii) The Board of Trustees, through its Retirement Systems’ administrator, shall certify to the Department of Finance, and the Department of Finance shall cause to be deducted from the salary of each Class A or Class B member on each and every payroll period, the percentage of contribution provided for in subparagraph (i) of this paragraph (15), and these deductions shall be paid into the Retirement System Fund, and shall be credited, together with regular interest, to the individual account of the member from whose compensation the deductions were made. However, deductions shall not be made from the compensation of a Class A or Class B member who has attained age 60 and has completed 35 years of service. No deductions may be made from the earnable compensation of a member who is either entering or leaving service and has worked less than a full payroll period. (iii) The deductions provided for in this paragraph (15) shall be made notwithstanding that the minimum compensation provided for by law for any Class A or Class B member is reduced thereby. Every member is deemed to consent and agree to the deductions made and provided for, and the member’s receipt of the member’s full salary or compensation, and payment of that salary or compensation, less these deductions, are a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by the person during the period covered by the payment, except as to the benefits provided under this subtitle. (iv) A member’s accumulated contributions that are withdrawn by the member, or paid to the member’s estate or designated beneficiary in event of death as provided in this subtitle, shall be paid from the Retirement System Fund. (v) Any member who, with the Board of Trustees’ approval{,} deposited, prior to December 1, 1975, voluntary excess contributions in the Retirement System Fund, by a single payment or by an increased rate of contribution to purchase an additional annuity, is entitled on retirement, to receive an additional annuity for those voluntary excess contributions. Any Class A or Class B member who, with the Board of Trustees’ approval, is depositing, on December 1, 1975, voluntary excess contributions in the Retirement System Fund, by an increased rate of contribution, may continue to contribute the same approved amount, without the right to increase or decrease that amount after December 1, 1975. After December 1, 1975, the Board of Trustees shall neither accept nor approve any requests from any member to deposit excess voluntary contributions in a lump-sum payment or periodic payments. At any time prior to retirement, any member who deposited voluntary excess contributions in the Retirement System Fund, upon written application, shall be refunded those excess voluntary contributions. (vi) However, if a Class A or Class B member exercises her or his option to become a Class C member under § 9 of this subtitle, the member shall elect in his or her notice of intent to either withdraw his or her excess voluntary contributions or permit them to remain in the Retirement System together with the member’s mandatory contributions, without any further right to withdraw those excess voluntary contributions prior to retirement, except on leaving City employment. On becoming a Class C member, the Class A or Class B member shall discontinue making any further voluntary excess contributions to the Retirement System. (b) Any Class A or Class B member in service may retire upon his written application to the Board of Trustees setting forth at what time, not less than 30 days nor more than 90 days subsequent to the execution and filing thereof, he desires to be retired, provided that the said member at the time so specified for his retirement shall have attained the age of 60 and acquired at least 5 years of service or shall have acquired 30 years of service, regardless of age, and notwithstanding that, during such period of notification, he may have separated from service. Upon retirement from service, a Class A or Class B member who has attained the age of 60, shall be entitled to receive the maximum service retirement allowance which shall consist of: (1) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and (2) a pension, in addition to his annuity, which shall be equal to 0.85% of his average final compensation in the case of Class A members, and 0.785% of his average final compensation in the case of Class B members, multiplied by the number of years of his service since January 1, 1926; and (3) if he has been credited with prior service, a supplemental pension which shall be equal to 1/60 of his average final compensation in the case of Class A members and one 1/65 in the case of Class B members, multiplied by the number of years of such prior service; and (4) if at the time of retirement the annuity determined in accordance with § 6(b)(1), resulting from the member’s contributions for service, is less than the pension resulting from the member’s years of service determined in accordance with § 6(b)(2), a supplemental pension equal to the difference between the two shall be payable. The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) shall be payable and shall not be used in determining this supplemental pension, if any, payable under this subsection. Beginning with April 19, 1974, the benefits provided in this subsection shall be applicable to former members who retired prior to said effective date, and their beneficiaries, as well as to those Class A or Class B members who subsequently retire on or after that date. (5) Provided, however, that upon retirement from service, a Class A or Class B member who has not attained the age of 60, but has acquired 30 years or more of service, shall be entitled to receive the maximum service retirement allowance which shall consist of an annuity as provided for in § 6(b)(1), plus the actuarial equivalent of the pension provided for in § 6(b)(2), plus the actuarial equivalent of the supplemental pension provided for in § 6(b)(3), plus if the annuity provided for in § 6(b)(1) is less than the actuarial equivalent of the pension provided for in § 6(b)(2), a supplemental pension equal to such difference; or such member may elect at the time of retirement to have his service retirement allowance deferred to commence upon the attainment of age 60, in which event the annuity shall be the actuarial equivalent of his accumulated contributions, with regular interest accumulated thereon, to age 60, and the pensions payable shall be in the amounts computed as provided in §§ 6(b)(2), 6(b)(3) and 6(b)(4). For the purpose of this subsection (b)(5), the actuarial equivalent shall be based on a reduction of ¼% for each full month (or fraction thereof) by which the commencement of his pension precedes his 60th birthday. (6) Any Class A or Class B member who is entitled to receive the maximum service retirement allowance may elect to receive such maximum service retirement allowance, or he may elect to receive the actuarial equivalent of such maximum service retirement allowance, computed as of the effective date of his retirement, in a lesser amount payable throughout his life in accordance with the following provisions:
Option 1. If he dies before he has received in total retirement benefits the present value of his retirement allowance as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. Upon his death, his retirement allowance as it was at the time of his retirement, shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 3. Upon his death, ½ of his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 4. Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to such person or persons as he shall nominate, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his retirement allowance, and subject to approval by the Board of Trustees.
(7) Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, and not thereafter, to change his election of the maximum service retirement allowance to any one of the options hereinbefore set forth, or to change his election of any one of said options to another one of said options, or to change his election from any one of said options to the maximum service retirement allowance. Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, to change his designation of a beneficiary; but thereafter no such change may be made in connection with any option hereinbefore set forth which provides for the payment of a retirement allowance to, and throughout the life of the beneficiary designated. The election of any option or any change in connection therewith shall be made on forms provided for that purpose by the Retirement Systems Office of the City of Baltimore, and filed with said office. (8) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him, as provided hereinbefore, then any payments which may have been made to him prior to such change are to be taken into account in arriving at the amount to be paid to him in connection with the retirement allowance finally selected. (9) Any Class A or Class B member who retires and dies within 30 days after the effective date of his retirement, and who has been granted a retirement allowance of maximum benefits for service under this subsection, or who has elected to receive one of the several optional retirement allowances available in lieu thereof, shall be considered as a member’s dying in active service, and the ordinary death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection. (10) Any service retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his retirement, shall be offset against any amounts payable under the provisions of § 6(h). (11) Notwithstanding any provision to the contrary contained in this subsection, any Class A or Class B member who retires prior to age 60 and who defers his retirement allowance to commence upon his attainment of age 60, shall be considered as a member’s dying in active service if he dies at any time between the effective date of his retirement and 30 days following his attainment of age 60, and the benefits provided in § 6(h) shall be paid as therein provided. Any retirement allowance payments made to said member after his attainment of age 60, shall be offset against any amounts payable under the provisions of § 6(h). (12) (i) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member be removed from a regular permanent position of the City without fault upon his part, or should a Class A or Class B member appointed or elected for a fixed term not be reappointed or reelected, after the acquisition of 20 years of service, such member may elect, in lieu of the withdrawal of his accumulated contributions, to receive a retirement allowance equal to the ordinary disability retirement allowance as provided in § 6(d), which would have been payable at such time had he been retired on an ordinary disability retirement. Effective December 2, 1991, in applying the preemployment military service credit provision of § 4(f) to a member described in the above paragraph, the requirement that the member shall have attained age 60 shall be disregarded. However, any benefit for which the member could be eligible shall be determined before the military service credit provided for herein is added to the service credit acquired by the member. This Ordinance 91-829 shall also apply to any member who retired under the provisions of the above paragraph. Any increased benefits due to such a retired member, shall be paid prospectively from the effective date of this ordinance. Furthermore, variable benefits, if any, paid to such a retired member shall not be changed as a result of this ordinance. (ii) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member be removed from a regular permanent position of the City without fault upon the member’s part, or should a Class A or Class B member appointed or elected for a fixed term not be reappointed or reelected with less than 20 years of service, but after the acquisition of 5 years of service, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and on the attainment of age 60 such member shall be entitled to receive a service retirement allowance as provided for under the provisions of § 6(b) of this subtitle, computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement. Such deceased member’s beneficiary or his estate shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions. Should such a beneficiary be restored to active service, his retirement allowance shall cease, and he shall again become a member of the Retirement System. (13) Notwithstanding anything to the contrary in this subtitle, should a Class A or Class B member, who has acquired 15 or more years of service, leave a regular permanent position of the City, such member may elect to have his accumulated contributions remain in the system with regular interest thereon, while no longer in service, and upon attaining the age of 60, such member shall be entitled to receive the maximum service retirement allowance as provided for in § 6(b), computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation, duly acknowledged and filed with the Board of Trustees. The beneficiary or the estate of a deceased member, who dies before attaining the age of 60, shall not be entitled to any benefits under this subtitle other than the return of the deceased member’s accumulated contributions with interest to the date of death. This paragraph shall not apply to any Class A or Class B member who is convicted of a job-related offense, such offense being either a misdemeanor or felony punishable by incarceration for more than 6 months or punishable by a fine in excess of $500. To be job-related, the offense must be committed by the member in the performance of his duties as an employee or an official of the City of Baltimore and committed against the City of Baltimore. (14) Any Class A or Class B member who leaves city employment and is entitled to any benefits under this subsection if he is subsequently reemployed by the City as an employee, shall upon his return to City employment be immediately continued as a Class A or Class B member. Thereupon he shall be credited with any past service, and any retirement allowance he may be receiving shall be discontinued. (15) (i) If a member who was an employee on or after July 1, 1987, but not after June 28, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for at least 1 year immediately prior to retirement, an amount equal to 5% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. If there is no surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 5% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22. (ii) Effective April 1, 2001, any eligible surviving spouse, child, or children of a member who retired and elected the maximum benefit under subparagraph (i) of this paragraph (15), shall receive 40% of the allowance the member was receiving. (b-1) (1) No benefit is payable to the beneficiary(ies), next of kin, or the estate of a member who selected maximum benefits and dies on or before March 31, 2001. (2) (i) If a member who was an employee and retired before July 1, 1987, and elected to receive maximum benefits without optional modification dies on or after April 1, 2001, and is survived by a spouse to whom the member had been married for at least 1 year immediately before retirement, an amount equal to 40% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. (ii) If there is no surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 40% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22. (c) (1) A Class A or Class B member shall be retired on a non-line-of-duty disability retirement if: (i) the member has acquired at least 5 years of service, as determined by the Board of Trustees; and (ii) a hearing examiner determines that: (A) the member is mentally or physically incapacitated for the further performance of the duties of his or her job classification in the employ of Baltimore City; and (B) the incapacity is likely to be permanent. (2) To retire under this subsection, the member must: (i) apply to the Board of Trustees, on a form approved by the Board; and (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment. (3) A non-line-of-duty disability retirement under this subsection takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of City employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of a month that falls at least 30 days after the date on which the Board received a completed application. (4) Upon retirement for non-line-of-duty disability on or before October 15, 1992, a Class A or Class B member is entitled to receive the maximum service retirement allowance if he or she has attained the age of 60; otherwise, he or she is entitled to receive the maximum non-line-of-duty disability retirement allowance, which shall consist of: (i) an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and (ii) a pension, which together with his or her annuity, shall provide a total retirement allowance equal to 1.85% of his or her average final compensation in the case of Class A members, and 1.70% of his or her average final compensation in the case of Class B members, multiplied by the number of years of service. However, for members who terminate employment with the City before June 29, 1990, the preceding sentence shall be read by substituting “1.84%” for “1.85%”, and by substituting “1.69%” for “1.70%”. (iii) The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) shall be payable and may not be used in determining the non-line-of-duty disability pension under this subsection. (iv) If the retirement allowance computed under this paragraph(4) is less than 25% of the member’s average final compensation, then substitute for the member’s actual years of service the number of years of service which would be credited to the member were his or her service to continue until the attainment of age 60. The resulting total retirement allowance may not exceed 25% of the member’s average final compensation. (5) (i) Upon retirement for non-line-of-duty disability on or after October 16, 1992, and on or before March 31, 2001, a Class A or Class B member is entitled to receive the maximum non-line-of-duty disability retirement allowance, which shall consist of: (A) an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and (B) a pension, which together with his or her annuity, shall provide a total retirement allowance equal to 1.85% of his or her average final compensation in the case of Class A members, and 1.70% of his or her average final compensation in the case of Class B members, multiplied by the number of years of service. (C) The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) may not be used in determining the non-line-of-duty disability pension under this subsection. (D) Provided, however, notwithstanding anything to the contrary, no member eligible for retirement under the provisions of this paragraph (5)(i) shall receive a non-line-of-duty disability allowance of less than 25% of his average final compensation. (ii) Upon retirement for non-line-of-duty disability on or after April 1, 2001, a Class A or Class B member is entitled to receive a non-line-of-duty disability retirement allowance that is the greater of: (A) 25% of the member’s average final compensation; or (B) a combination of: 1. an annuity that is the actuarial equivalent of his or her accumulated contributions at the time of retirement; and 2. a pension that, together with his or her annuity, provides a total retirement allowance equal to 1.90% of his or her average final compensation in the case of a Class A member, and 1.75% of his or her average final compensation in the case of a Class B member, multiplied by the number of years of his or her service. (iii) The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) may not be used in determining the non-line-of-duty disability pension under this subsection. (iv) No member eligible for retirement under paragraph (5)(ii) of this subsection may receive a non-line-of-duty disability allowance of less than 25% of his or her average final compensation. (6) Any Class A or Class B member who is entitled to receive the maximum non-line-of-duty disability retirement allowance may elect to receive that maximum non-line-of-duty disability retirement allowance, or may elect to receive the actuarial equivalent of that maximum non-line-of-duty disability retirement allowance, computed as of the effective date of his or her retirement, in a lesser amount payable throughout his or her life in accordance with the following provisions:
Option 1. If he or she dies before having received in total retirement benefits the present value of his or her retirement allowance as it was at the time of retirement, the balance shall be paid to his or her legal representatives or to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. Upon his or her death, his or her retirement allowance as it was at the time of retirement shall continue throughout the life of and be paid to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his or her retirement; or
Option 3. Upon his or her death, ½ of his or her retirement allowance as it was at the time of retirement shall be continued throughout the life of and paid to the person that he or her nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his or her retirement; or
Option 4. Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to the person or persons that he or she nominates, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance, and subject to approval by the Board of Trustees.
(7) (i) Any living retired Class A or Class B member has the right, within 30 days after the effective date of his or her retirement, and not later, to change his or her election of the maximum non-line-of-duty disability retirement allowance to any one of the options specified in paragraph (6) of this subsection, or to change his or her election of any one of those options to another one of those options, or to change his or her election from any one of those options to the maximum non-line-of-duty disability retirement allowance. (ii) Any living retired Class A or Class B member has the right, within 30 days after the effective date of his or her retirement, to change his or her designation of a beneficiary; but thereafter no such change may be made in connection with any option that provides for the payment of a retirement allowance to, and throughout the life of, the beneficiary designated. (iii) The election of any option or any change in connection with any option shall be made on forms provided for that purpose by the Board of Trustees, and filed with the Board. (8) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him or her, then any payments that may have been made to him or her before that change are to be taken into account in arriving at the amount to be paid to him or her in connection with the retirement allowance finally selected. (9) Any Class A or Class B member who retires and dies within 30 days after the effective date of his or her retirement, and who has been granted a retirement allowance of maximum benefits for non-line-of-duty disability under this subsection, or who has elected to receive one of the several optional retirement allowances available, is considered to be a member dying in active service, and the non-line-of-duty death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection. (10) Any non-line-of-duty disability retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his or her retirement, shall be offset against any amounts payable under the provisions of § 6(h). (11) (i) Any amounts paid or payable by the City of Baltimore on or before March 31, 2001, under any Workers’ Compensation or similar law to a Class A or Class B member or to the dependents of a member on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds provided by the City under this subtitle on account of the same disability or death. If the present value of the total commuted benefits under the Workers’ Compensation or similar law is less than the pension reserve for the benefits otherwise payable from funds provided by the City under this subtitle, then the present value of the commuted payments shall be deducted from the pension reserve and the benefits as may be provided by the pension reserve so reduced shall be payable under this subtitle. (ii) Workers’ Compensation benefits shall be offset against non-line-of-duty disability benefits paid on or after April 1, 2001, in accordance with subsection (k) of this section. (12) (i) If a member who was an employee on or after June 29, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for a least 1 year immediately prior to retirement, an amount equal to 35% (or such different amount as set forth below) of the allowance that the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. (ii) If there is no eligible surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member has attained the age of 22 years, then an amount equal to 35% (or such different amount as set forth below) of the allowance that the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22. (iii) For members who terminate employment with the City before June 29, 1990, subparagraphs (i) and (ii) shall be read by substituting “33⅓%” for “35%” wherever those amounts appear. (iv) Effective June 28, 1992, any eligible surviving spouse, child, or children of a member who retired and elected, or who will retire and elect, the maximum benefit under this paragraph (12), shall receive 40% of the allowance the member was receiving. (d) Any Class A or Class B member who has acquired 5 or more years of service and who has been determined by a hearing examiner to be mentally or physically incapacitated for the further performance of the duties of his job classification in the employ of Baltimore City, and that such incapacity is likely to be permanent, shall be retired by the Board of Trustees on an ordinary disability retirement, not less than 30 and not more than 90 days next following the date of filing his application for ordinary disability retirement benefits. Upon retirement for ordinary disability a Class A or Class B member shall be entitled to receive the maximum service retirement allowance if he has attained the age of 60; otherwise he shall be entitled to receive the maximum ordinary disability retirement allowance which shall consist of: (1) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and (2) a pension which, together with his annuity, shall provide a total retirement allowance equal to 1.70% of his average final compensation in the case of Class A members, and 1.57% of his average final compensation in the case of Class B members, multiplied by the number of years of his service if such retirement allowance exceeds ¼ of his average final compensation; otherwise a pension which, together with his annuity, shall provide a total retirement allowance equal to 1.70% of his average final compensation in the case of Class A members, and 1.57% of his average final compensation in the case of Class B members, multiplied by the number of years which would be credited to him were his service to continue until the attainment of age 60, so far as the resulting total retirement allowance shall not exceed ¼ of his average final compensation. The additional annuity provided as the result of voluntary excess contributions under §§ 8(a)(2) and 8(a)(4) shall be payable and shall not be used in determining the ordinary disability pension under this subsection. (3) Any Class A or Class B member who is entitled to receive the maximum ordinary disability retirement allowance may elect to receive such maximum ordinary disability retirement allowance, or he may elect to receive the actuarial equivalent of such maximum ordinary disability retirement allowance, computed as of the effective date of his retirement, in a lesser amount payable throughout his life in accordance with the following provisions:
Option 1. If he dies before he has received in total retirement benefits the present value of his retirement allowance as it was at the time of his retirement, the balance shall be paid to his legal representatives or to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. Upon his death, his retirement allowance as it was at the time of his retirement shall continue throughout the life of and be paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 3. Upon his death, ½ of his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to such person as he shall nominate by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 4. Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to such person or persons as he shall nominate, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his retirement allowance, and subject to approval by the Board of Trustees.
(4) Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, and not thereafter, to change his election of the maximum ordinary disability retirement allowance to any one of the options hereinbefore set forth, or to change his election of any one of said options to another one of said options, or to change his election from any one of said options to the maximum ordinary disability retirement allowance. Any living retired Class A or Class B member shall have the right, within 30 days after the effective date of his retirement, to change his designation of a beneficiary; but thereafter no such change may be made in connection with any portion hereinbefore set forth which provides for the payment of a retirement allowance to, and throughout the life of, the beneficiary designated. The election of any option or any change in connection therewith shall be made on forms provided for that purpose by the Retirement Systems Office of the City of Baltimore and filed with said office. (5) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him, as provided hereinbefore, then any payments which may have been made to him prior to such change are to be taken into account in arriving at the amount to be paid to him in connection with the retirement allowance finally selected. (6) Any Class A or Class B member who retires and dies within 30 days after the effective date of his retirement, and who has been granted a retirement allowance of maximum benefits for ordinary disability under this subsection, or who has elected to receive one of the several optional retirement allowances available in lieu thereof, shall be considered as a member’s dying in active service, and the ordinary death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection. (7) Any ordinary disability retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his retirement, shall be offset against any amounts payable under the provisions of § 6(h). (8) (i) Any amounts paid or payable on or before March 31, 2001, by the City of Baltimore under any Workers’ Compensation or similar law to a Class A or Class B member or to the dependents of a member on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds provided by the City under this subtitle on account of the same disability or death. If the present value of the total commuted benefits under the Workers’ Compensation or similar law is less than the pension reserve for the benefits otherwise payable from funds provided by the City under this subtitle, then the present value of the commuted payments shall be deducted from the pension reserve and the benefits as may be provided by the pension reserve so reduced shall be payable under this subtitle. (ii) Workers’ Compensation benefits shall be offset against ordinary disability benefits paid on or after April 1, 2001, in accordance with subsection (k) of this section. (9) The panel of hearing examiners may, at its discretion but not more frequently than once in any 1 year, require any retired Class A or Class B member, who is receiving a disability retirement allowance and, who has not yet attained age 60, to undergo a medical examination to determine whether he has become fit to resume duties in the nature of those he was performing prior to his retirement. Such examination shall be made in the place of residence of said retiree, or other place mutually agreed upon by the retiree and a physician or physicians designated by the panel of hearing examiners. The examining physician shall report his findings to the panel of hearing examiners. If in the opinion of the examining physician, said retiree is able to resume said duties, the City of Baltimore Occupational Medical Service shall thereafter conduct a reexamination of said retiree; and if it concurs in the opinion of the examining physicians, it shall certify to the panel of hearing examiners that said retiree is fit for the further performance of duties in the nature of those he was performing prior to his retirement. If the examining physicians’ opinions do not concur, the panel of hearing examiners shall schedule a hearing to determine the fitness of a retiree to perform his former duties. The panel of hearing examiners shall thereafter submit its determination to the head of the department in which the retiree was employed prior to his retirement, and in the case of classified employees, to the Civil Service Commission. For purpose of reemployment, the retiree shall be treated by the head of his department and by the Civil Service Commission as if he were an employee on leave of absence without pay. Until he is actually reemployed he shall continue to receive his ordinary disability retirement allowance. A disability retiree who has been certified as fit for further performance of his duties and is restored to active service at a compensation not less than the annual rate of compensation being paid currently to persons in the same grade and step as the retiree was at the time of his retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of his retirement, shall cease to receive his retirement allowance. He shall again become a Class A or Class B member of the Retirement System and shall contribute thereafter at the current rate of contribution. Any previous service credit on the basis of which his service was computed at the time of his retirement shall be restored to full force and effect and in addition, upon his subsequent retirement, he shall be credited with all his service as a member. Should such disability retiree who has been certified as fit for the further performance of his duties refuse to accept an offer of reemployment by the City involving duties in the nature of those he was performing prior to his retirement and at a salary not less than the rate of annual compensation being paid currently to persons in the same grade and step as the retiree was at the time of his retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of his retirement, all rights in and to his pension shall be revoked by the Board of Trustees, upon recommendation made by the panel of hearing examiners. Should such disability retiree refuse to submit to the medical examinations herein provided for, his ordinary disability retirement allowance may be discontinued until the withdrawal of said refusal, and should his refusal continue for 1 year, all rights in and to his pension shall be revoked by the Board of Trustees upon recommendation made by the panel of hearing examiners. (10) A Class A or Class B disability retiree may, without reduction of his retirement allowance, earn annually an amount, hereinafter referred to as “earnings”, equal to the rate of the annual earnable compensation currently being paid to persons in the same grade and step as the retiree was at the time of his retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of his retirement, said rate of earnable compensation plus longevity payments, if any, hereinafter referred to as “base amount”. Should such a retiree earn an annual amount which is greater than his base amount, the pension otherwise payable to him shall be reduced in the following manner: For the first $5,000 of earnings in excess of the base amount, a reduction of $1 in pension benefits shall be made for each $2 earned. For any earnings in excess of $5,000 over the base amount, a reduction of $2 in pension benefits shall be made for each $5 earned. In the calendar year of retirement, the base amount shall be prorated on a monthly basis. Benefits which may be payable to a beneficiary of a deceased disability retiree under the provisions of this subtitle, shall not be reduced by reason of any excess earnings said retiree may have had; and the base for calculating said beneficiary’s benefits shall be the total unreduced retirement allowance of the disability retiree, notwithstanding the fact that said retiree was receiving a reduced retirement allowance in the year of his death. The term “earnings” as used in this subsection shall mean income derived from wages, salaries, tips, commissions, other employee compensation, and self-employment. In all cases of doubt the Board of Trustees shall decide what are and what are not “earnings” for the purposes of administering the provisions of this subsection. Such disability retiree who has not been certified as fit to perform duties in the nature of those he was performing prior to his retirement may, nevertheless, accept suitable employment with the City, subject to the “earnings” provisions contained herein; provided, however, that such an employee shall not again become a member of any retirement system supported in whole or in part by the Mayor and City Council of Baltimore. (11) On or before May 1 of each year following his disability retirement, a Class A or Class B disability retiree shall submit, on a form issued by the Board of Trustees or on its equivalent as approved by the Board of Trustees, a signed statement setting forth his total gross earnings, if any, in the preceding calendar year and the source of said earnings. The execution of said forms by a disability retiree shall have the same effect as a statement sworn to by him before a notary public. Should any disability retiree fail to submit said signed statement, his retirement allowance may thereafter be discontinued by the Board of Trustees until he has complied; and should he fail to submit said signed and completed statement by May 1, of the succeeding year, all rights in and to his pension may be revoked by the Board of Trustees. (12) (i) If a member who was an employee on or after July 1, 1987, but not after June 28, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for at least 1 year immediately prior to retirement, an amount equal to 5% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. If there is no surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 5% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22. (ii) Effective April 1, 2001, any eligible surviving spouse, child, or children of a member who retired and elected the maximum benefit under subparagraph (i) of this paragraph (12), shall receive 40% of the allowance the member was receiving. (d-1) (1) No benefit is payable to the beneficiary(ies), next of kin, or the estate of a member who selected maximum benefits and dies on or before March 31, 2001. (2) (i) If a member who was an employee and retired before July 1, 1987, and elected to receive maximum benefits without optional modification dies on or after April 1, 2001, and is survived by a spouse to whom the member had been married for at least 1 year immediately before retirement, an amount equal to 40% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. (ii) If there is no surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 40% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22. (3) (i) Workers’ Compensation benefits shall be offset against ordinary disability benefits paid on or before March 31, 2001, in accordance with subsection (j) of this section. (ii) Workers’ Compensation benefits shall be offset against ordinary disability benefits paid on or after April 1, 2001, in accordance with subsection (k) of this section. (e) (1) A Class A or Class B member shall be retired on a line-of-duty disability retirement if a hearing examiner determines that the member is totally and permanently incapacitated for the further performance of the duties of his or her job classification in the employ of Baltimore City, as the natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place, without willful negligence on his or her part. (2) To retire under this subsection, the member must: (i) apply to the Board of Trustees, on a form approved by the Board; and (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment. (3) A line-of-duty disability retirement under this subsection takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of City employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of a month that falls at least 30 days after the date on which the Board received a completed application. (f) (1) Upon retirement for line-of-duty disability, a Class A or Class B member is entitled to receive the maximum line-of-duty disability retirement allowance, which shall consist of: (i) an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of retirement; and (ii) a pension, in addition to the annuity, of 66⅔% of his average final compensation. (2) Any Class A or Class B member who is entitled to receive the maximum line-of-duty disability retirement allowance may elect to receive that maximum line-of-duty disability retirement allowance, or may elect to receive the actuarial equivalent of that maximum line-of-duty disability retirement allowance, computed as of the effective date of his or her retirement, in a lesser amount payable throughout his or her life in accordance with the following provisions:
Option 1. If he or she dies before having received in total retirement benefits the present value of his or her retirement allowance as it was at the time of retirement, the balance shall be paid to his or her legal representatives or to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees; or
Option 2. Upon his death, his retirement allowance as it was at the time of his retirement shall be continued throughout the life of and paid to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his or her retirement; or
Option 3. Upon his or her death, ½ of his or her retirement allowance as it was at the time of retirement shall be continued throughout the life of and paid to the person that he or she nominates by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement; or
Option 4. Some other periodically paid benefit or benefits shall be paid either to the Class A or Class B member or to the person or persons that he or she nominates, provided such other benefit or benefits shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance, and subject to approval by the Board of Trustees.
(3) (i) Any living retired Class A or Class B member has the right, within 30 days after the effective date of his or her retirement, and not later, to change his or her election of the maximum line-of-duty disability retirement allowance to any one of the options specified in paragraph (2) of this subsection, or to change his or her election of any one of those options to another one of those options, or to change his or her election from any one of those options to the maximum line-of-duty disability retirement allowance. (ii) Any living retired member has the right, within 30 days after the effective date of his or her retirement, to change his or her designation of a beneficiary; but thereafter no such change may be made in connection with any option that provides for the payment of a retirement allowance to, and throughout the life of, the beneficiary designated. (iii) The election of any option or any change in connection with any option shall be made on forms provided for that purpose by the Board of Trustees, and filed with the Board. (4) If any living retired Class A or Class B member changes the type or kind of retirement allowance elected by him or her, then any payments that may have been made to him or her before that change are to be taken into account in arriving at the amount to be paid to him or her in connection with the retirement allowance finally selected. (5) (i) Any Class A or Class B member who retires and dies within 30 days after the effective date of his or her retirement, and who has been granted a retirement allowance of maximum benefits for line-of-duty disability under this subsection, or who has elected to receive one of the several optional retirement allowances available, is considered to be a member’s dying in active service, and the non-line-of-duty death benefits provided for in § 6(h) shall be paid in lieu of the benefits provided for in this subsection. (ii) If a hearing examiner determines that the member’s death is the result of injuries sustained in the line of duty or was directly attributable to the inherent hazards of the duties performed by the employee and that the death was not caused by willful negligence on the part of the member, then there shall be paid in lieu of the non-line-of-duty death benefit provided for in § 6(h), the line-of-duty death benefit provided for in § 6(i), subject to the conditions of those sections. (6) Any line-of-duty disability retirement allowance payments made to any retired Class A or Class B member, who dies within 30 days after the effective date of his or her retirement, shall be offset against any amounts payable under the provisions of §§ 6(h) or 6(i). (7) (i) Any amounts paid or payable by the City of Baltimore on or before March 31, 2001, under any Workers’ Compensation or similar law to a Class A or Class B member or to the dependents of a member on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds provided by the City under this subtitle on account of the same disability or death. If the present value of the total commuted benefits under the Workers’ Compensation or similar law is less than the pension reserve for the benefits otherwise payable from funds provided by the City under this subtitle, then the present value of the commuted payments shall be deducted from the pension reserve and the benefits as may be provided by the pension reserve so reduced shall be payable under this subtitle. (ii) Workers’ Compensation benefits shall be offset against line-of-duty disability benefits paid on or after April 1, 2001, in accordance with subsection (k) of this section. (8) (i) If a member who was an employee on or after July 1, 1987, but not after June 28, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for at least 1 year immediately prior to retirement, an amount equal to 5% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. (ii) If there is no eligible surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 5% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22. (iii) Effective April 1, 2001, any eligible surviving spouse, child, or children of a member who retired and elected the maximum benefit under this paragraph (8), shall receive 40% of the allowance the member was receiving. (9) (i) If a member who was an employee on or after June 29, 1989, retires and elects to receive maximum benefits without optional modification later dies and is survived by a spouse to whom the member had been married for at least 1 year immediately prior to retirement, an amount equal to 35% (or such different amount as set forth below) of the allowance that the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. (ii) If there is no eligible surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member has attained the age of 22 years, then an amount equal to 35% (or such different amount as set forth below) of the allowance that the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22. (iii) For members who terminate employment with the City before June 29, 1990, subparagraphs (i) and (ii) shall be read by substituting “33⅓%” for “35%” wherever those amounts appear. (iv) Effective June 28, 1992, any eligible surviving spouse, child, or children of a member who retired and elected, or who will retire and elect, the maximum benefit under this paragraph (9), shall receive 40% of the allowance the member was receiving. (10) (i) No benefit is payable to the beneficiary(ies), next of kin, or the estate of a member who selected maximum benefits and dies on or before March 31, 2001. (ii) (A) If a member who was an employee and retired before July 1, 1987, and elected to receive maximum benefits without optional modification dies on or after April 1, 2001, and is survived by a spouse to whom the member had been married for at least 1 year immediately before retirement, an amount equal to 40% of the allowance the member was receiving shall be paid to the surviving spouse to continue as long as he or she remains unmarried. (B) If there is no eligible surviving spouse or if the spouse dies or remarries before the youngest unmarried child of the deceased member attains age 22, then an amount equal to 40% of the allowance the member was receiving shall be paid to the child or children, divided in the manner that the Board of Trustees in its discretion determines, to continue for the benefit of the child or children until the last child marries, dies, or attains age 22. (g) (h) (1) This subsection (h) applies to a Class A or Class B member who dies while actively employed, but whose death does not qualify under subsection (i) as a line-of-duty death. (2) (i) On receipt of a written application and proper proof of the death of a Class A or Class B member in service, the Board of Trustees shall pay the lump-sum amount provided in this paragraph (2), but only if no benefits are paid under paragraph (3) of this subsection. (ii) The lump-sum payment shall consist of: A. the member’s accumulated contributions; plus B. if the Class A or Class B member has acquired 1 or more years of service, 50% of the greater of the member’s current annual compensation or the member’s average final compensation on the date of the member’s death. (iii) The lump-sum amount shall be paid: A. to the member’s designated beneficiary; B. if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse; C. if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; D. if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and E. otherwise, to the member’s estate. (3) (i) If the Class A or Class B member was eligible for a service retirement allowance on the date of the member’s death, or would have become eligible for a service retirement allowance within 90 days after the date of the member’s death, and a proper application is filed under subparagraph (v) of this paragraph, the Board of Trustees shall pay a benefit equal to that which would have been paid to a surviving beneficiary under the 100% survivorship benefit of subsection §§ 6(a)(5) and 6(b)(6) of this section had the member elected that survivorship benefit in favor of that beneficiary and retired as of the date of death. (ii) The benefit shall be paid: A. to the member’s designated beneficiary, to continue for life, as long as that designated beneficiary is limited to: 1. the member’s surviving spouse to whom the member was married for at least 5 years immediately before the date of the member’s death; or 2. one of the member’s surviving parents; or B. if the designated beneficiary is not the member’s spouse and the beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for life, if the member was married to that spouse for at least 5 years immediately before the date of the member’s death. (iii) If a Class A or Class B member files with the Board of Trustees a written designation that names someone other than a spouse or parent as beneficiary, and if that beneficiary does not predecease the member, the benefits of this paragraph (3) are not available to the surviving spouse or parent of the member. (iv) The benefit provided by this paragraph (3) is in place of all benefits provided under paragraph (2) of this subsection. (v) To receive the benefit provided under this paragraph (3), the surviving spouse or parent must apply in writing, on forms provided by the Board of Trustees, within 60 days after the death of the member. (4) (i) Beginning April 1, 2001, if the member had at least 20 years of service as of the date of his or her death, without regard to whether the member was eligible for a service retirement benefit on the date of the member’s death, and if a proper application is filed under subparagraph (vii) of this paragraph (4), the Board of Trustees shall pay a retirement benefit equal to 40% of the member’s accrued maximum service retirement benefit based on the number of years of service credit as of the member’s date of death and as if the member had attained age 60 as of the date of his or her death. (ii) This benefit shall be paid: A. to the member’s designated beneficiary, as long as that designated beneficiary is limited to: 1. the member’s surviving spouse, to continue for life or until remarriage; or 2. the member’s unmarried minor children, to be paid to each child in equal shares, until that child marries or is no longer a minor, as defined in § 1(5) of this article; or B. if the designated beneficiary is not the member’s spouse or minor child and that beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for life or until remarriage; or C. if there is no qualifying surviving spouse under subparagraph A or B, or if the surviving spouse dies or remarries, then to the member’s unmarried minor children, to be paid to each child in equal shares, until that child marries or is no longer a minor, as defined in § 1(5) of this article. (iii) For purposes of this paragraph (4), “surviving spouse” means a spouse to whom the member was married for at least 1 year immediately before the date of the member’s death. (iv) For purposes of this paragraph (4), when a member’s child marries or is no longer a minor and, consequently, ceases to receive benefits under this paragraph (4), each remaining unmarried minor child will begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child marries or is no longer a minor. (v) If a member files with the Board of Trustees a written designation that names someone other than a spouse or minor child as beneficiary and if that beneficiary does not predecease the member, the benefits of this paragraph (4) are not available to the surviving spouse or minor children of the member. (vi) The benefit provided by this paragraph (4) is in place of all benefits provided under paragraphs (2) and (3) of this subsection. (vii) To receive the benefit provided under this paragraph (4), the surviving spouse or minor children must apply in writing, on forms provided by the Board of Trustees, within 60 days after notice of this benefit is provided to the spouse or minor children after the death of the member. (viii) Any death benefits paid by this System and received by the beneficiary of a member under paragraphs (2) or (3) of this subsection shall be offset against any death benefits payable under this paragraph (4). (ix) For purposes of this paragraph, the deceased member’s pre-enrollment or pre-membership employment: (A) shall be included in figuring the minimum 20 years of service credit needed to be eligible to receive this death benefit; but (B) may not be counted as service credit for purpose of calculating the amount of the death benefit, unless purchased as service credit in accordance with § 16 of this article. (5) The amounts that would have been paid under this subsection (h), excluding membership contribution accounts, with interest, forever remain assets of the System if: (i) a member dies without designating a beneficiary; (ii) that member has no heirs, as enumerated in paragraphs 2(iii), 3(ii), and 4(ii) of this subsection (h); and (iii) no estate for that member is opened within 2 years of the member’s death. (6) (i) Except as specified in subparagraph (ii), this paragraph applies to a retired member who: A. has been granted a service or disability retirement allowance; and B. dies within 30 days of his or her retirement date. (ii) This paragraph does not apply to a former member who terminates employment before reaching age 60 without immediate entitlement to retirement benefits. (iii) A retired Class A or Class B member described in subparagraph (i) of this paragraph (6) is deemed to have died while still employed by the City and, instead of any other service or disability benefits under this System, a non-line-of-duty death benefit will be paid as if he or she died during active service. (iv) The benefit provided by subparagraph (iii) of this paragraph (6) is in place of all benefits provided under §§ 6(a), 6(b), 6(c), or 6(d). (v) Any pension benefits paid by this System and received by the retired member before he or she died shall be offset against the death benefits payable under this subsection (h) of this section. (i) (1) This subsection applies only to an individual: (i) who dies while a Class A or Class B member of this System; and (ii) whose death has been determined by a hearing examiner to: A. have arisen from injuries sustained in the line of duty; or B. be directly attributable to the inherent hazards of the duties performed by the member; and C. have arisen without willful negligence on the part of the member. (2) (i) On the receipt of a written application, proper proof of death, and an award by a hearing examiner of a line-of-duty death benefit, the Board of Trustees shall pay: A. the member’s accumulated contributions: 1. to the member’s designated beneficiary; 2. if there is no designated beneficiary, or if the designated beneficiary predeceases the member, to the member’s surviving spouse; 3. if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; 4. if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and 5. otherwise, to the member’s estate; and B. a pension of 100% of the member’s current compensation: 1. to the member’s surviving spouse, to continue for life or until remarriage; 2. if there is no surviving spouse or if the surviving spouse dies or remarries, to the member’s minor children to be paid to each child, in equal shares, until that child is no longer minor, as defined in § 1(5) of this article; or 3. if there is no surviving spouse or minor children and if the deceased member did not designate his or her surviving parents as beneficiaries, then to either or both of the member’s surviving dependent mother and or father in equal shares, to continue for life. (ii) For purposes of subparagraph (i)(B) of this paragraph (2), “dependent” means the level of dependency required by Internal Revenue Code §152. (iii) For purposes of this paragraph (2), when a member’s child is no longer a minor and consequently ceases to receive benefits under this paragraph (2), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor. (iv) For purposes of this paragraph (2), where a member’s line-of-duty death benefit is paid to both of the member’s surviving parents and one parent dies, the remaining parent shall then begin receiving, in addition to his or her existing benefit, the benefit formerly paid to the deceased parent. (3) The amounts that would have been paid under this subsection (i), excluding membership contribution accounts, with interest, forever remain assets of the System if: (i) a member dies without designating a beneficiary; (ii) that member has no heirs, as enumerated in paragraphs 2(i)(A) and 2(i)(B) of this subsection (i); and (iii) no estate for that member is opened within 2 years of the member’s death. (4) (i) This paragraph (4) applies to any member: A. who retires under the provisions of §§ 6(e) and 6(f); B. who dies within 30 days after the effective date of the member’s retirement; C. whose death is the result of an accidental injury sustained in the line of duty or was directly attributable to the inherent hazards of the duties performed by such employee; and D. whose death a hearing examiner has determined was not caused by willful negligence on the part of the member. (ii) A member described in subparagraph (i) of this paragraph (4) is considered, for purposes of paragraph (1) of this subsection, to have died as a member in service. Thus, to the extent to which they are entitled under paragraphs (1) and (2) of this subsection (i), the beneficiaries of the member shall receive line-of-duty death benefits under this subsection (i). (iii) Any retirement allowance which is payable pursuant to § 6(f) of this article, and which is made to any retired Class A or Class B member who dies within 30 days after his effective date of retirement, shall be offset against any line-of-duty death benefits payable under the provisions of this subsection. (5) (i) This paragraph (5) applies to those beneficiaries who, as of June 30, 1994, are receiving a line-of-duty death benefit in accordance with this subsection (i) and whose total benefit on June 30, 1994, amounts to less than $10,000 annually. (ii) Line-of-duty death benefits for beneficiaries described in subparagraph (i) of this paragraph (5) shall be increased to no less than the lower of: A. an annual benefit of $10,000; or B. an annual benefit equivalent to the June 30, 1994, salary for an active Class A or Class B member in the same job classification (e.g., class, grade, level, and longevity) as the Class A or Class B member on the date of the member’s death. (iii) In no event may this paragraph result in a beneficiary’s receiving a pension less than the pension the member was receiving on June 30, 1994. (iv) For purposes of this paragraph (5), the pension benefit includes any post-retirement benefit increases paid as of June 30, 1994. (v) If any beneficiary receiving an increased minimum pension in 1994 as a result of this paragraph is eligible for a January 1995 post-retirement benefit increase under §17 of this article, the member’s 1995 post-retirement increase shall be calculated as though the beneficiary had received this increased minimum pension benefit on June 30, 1994. (vi) Any post-retirement benefit increases paid before June 30, 1994, may not be changed due to any increase in benefits payable as a result of this paragraph (5). (j) (1) Any amounts paid or payable by the City of Baltimore on or before March 31, 2001, under any Workers’ Compensation or similar law to a Class A or Class B member or to the dependents of a Class A or Class B member on account of any disability or death shall be offset against and payable in lieu of any benefits payable out of funds provided by the City under this subtitle on account of the same disability or death. (2) If the present value of the total commuted benefits under the Workers’ Compensation or similar law is less than the pension reserve on the benefits otherwise payable from funds provided by the City under this subtitle, then the present value of the commuted payments shall be deducted from the pension reserve and the benefits as may be provided by the pension reserve so reduced shall be payable under this subtitle. (k) (1) This subsection applies to a member or beneficiaries of a member: (i) the payment of whose retirement benefit commences on or after April 1, 2001, either: (A) on account of a non-line-of-duty disability under subsection (c), (d), or (d-1), or (B) on account of a line-of-duty disability under subsection (e) or (f); or (ii) who dies on or after April 1, 2001, and is awarded either: (A) a non-line-of-duty death benefit under subsection (h), or (B) a line-of-duty death benefit under subsection (i). (2) The Board of Trustees shall offset the amount of a member’s Workers’ Compensation benefits to be paid or payable by the City and awarded under the State’s Workers’ Compensation Law against any disability or death benefits paid or payable by the System to a member or a member’s beneficiaries, if: (i) the Workers’ Compensation award was for permanent partial or permanent total disability or for death; and (ii) the Workers’ Compensation benefit was awarded on account of the same disability or death that resulted in the system’s payment of disability or death benefits. (3) The amount of Workers’ Compensation benefits to be offset does not include amounts allocated for the payment of legal fees, medical expenses, or other payments authorized by the Workers’ Compensation Commission to be made directly to third parties and not to the member or the member’s beneficiary. (4) (i) A. The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), against any lump-sum death benefits paid or payable by the System to a member’s beneficiaries in the following manner. B. The offset shall be made on a non-actuarial, dollar-for-dollar basis against any lump-sum benefit until the total amount of the Workers’ Compensation benefits has been recovered. C. If the amount of the Workers’ Compensation benefits exceeds the lump-sum death benefit, then no benefit may be paid, except for the return of the member’s accumulated contributions. (ii) A. The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), against any periodic disability or death benefits paid or payable by the System to a member or a member’s beneficiaries in the following manner. B. This offset shall be calculated on an actuarial basis by annuitizing the member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), and reducing the member’s periodic disability or death benefit by the annuitized amount until the total amount of the Workers’ Compensation benefits have been recovered. C. The actuarial amount shall be calculated using an actuarial method and appropriate annuity factors recommended by the System’s actuary and approved by the Board of Trustees. D. If the annuitized amount of the Workers’ Compensation benefits exceeds the System’s periodic disability or death benefit payment, then no death or disability benefit may be paid until the amount of the Workers’ Compensation benefit is recovered, except for the return of the member’s accumulated contributions. (5) (i) On recovering the full amount of the member’s Workers’ Compensation benefits, the reduced disability or death benefits payable to the member or the member’s beneficiaries shall be restored to the unreduced amount of the disability or death benefits payable to the member or beneficiaries prior to the offset for Workers’ Compensation. (ii) The amount by which a reduced disability or death benefit is restored under subparagraph (i) does not include any post-retirement increases that the member or the member’s beneficiaries would have been eligible to receive had the member’s disability or death benefits not been reduced. (6) (i) The Board of Trustees shall implement the method of offset described in paragraph (4) of this subsection (k) for any member or beneficiary of a member: A. whose disability or death benefits were reduced by Workers’ Compensation benefits on or before March 31, 2001; and B. whose Workers’ Compensation benefits were not fully recovered as of April 1, 2001. (ii) For members or beneficiaries whose disability or death benefits have been offset on account of Workers’ Compensation benefits on or before March 31, 2001, and whose Workers’ Compensation benefits are found to have been recovered under the method described in paragraph (4), all Workers’ Compensation offsets shall be terminated. (l) - (m) (n) (1) Subject to the conditions, deductions and limitations hereinafter set forth, any member who has been retired and who is entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the benefits and even though the benefits may have been incorrectly determined, shall receive a minimum total retirement benefit of $4,000 per annum in lieu of any lesser retirement benefits, including supplemental payments, which such retiree was entitled to receive on the day immediately preceding the effective date of this ordinance. (2) Subject to the conditions, deductions and limitations hereinafter set forth, any surviving beneficiary of a member who was retired and subsequently died before the effective date of this ordinance, and who (beneficiary) is entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the benefits and even though the benefits may have been incorrectly determined, shall receive a minimum total retirement benefit of $2,000 per annum in lieu of any lesser retirement benefits, including supplemental payments, which such beneficiary was entitled to receive on the day immediately preceding the effective date of this ordinance. (3) Subject to the conditions, deductions and limitations hereinafter set forth, any beneficiary who becomes eligible for periodically paid retirement benefits as a result of the death of a retired member which death occurs after the effective date of this ordinance, and which retired member was entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the deceased retired member’s benefits, and even though the benefits may have been incorrectly determined, said beneficiary of the deceased retired member shall receive a minimum benefit of $2,000 per annum in lieu of any lesser retirement benefits, including supplemental payments. (4) The minimum benefit of $4,000 for a retired member provided in paragraph (1) and the minimum benefit of $2,000 for any surviving beneficiary of a deceased retired member provided for in paragraphs (2) and (3) shall be subject to the following conditions, deductions and limitations: (a) Said minimum benefit of $4,000 provided for any retired member shall in no event exceed the maximum salary, excluding longevity pay, life, medical and health insurance premiums paid by the City, and other like benefits paid by the City, payable on the effective date of this ordinance, to employees holding positions comparable to the position held by the retired member immediately before his retirement; (b) Said minimum benefit of $2,000 provided for any beneficiary of a deceased retired member shall in no event exceed ½ the maximum salary, excluding longevity pay, life, medical and health insurance premiums paid by the City, and other like benefits paid by the City, payable on the effective date of this ordinance, comparable to the position held by the deceased retired member immediately before his retirement; (c) In the event that a retired member or deceased retired member had less than 30 years of service, the aforesaid minimum total retirement benefits of $4,000 payable to a retired member and the minimum total retirement benefits of $2,000 payable to any beneficiary of any deceased retired member, shall be reduced, pro rata, by each year and the decimal proportion of a year of service less than 30 years; (d) In the event that any unmarried retired member or any married retired member and his spouse have earned income or are entitled to receive social security benefits, or both, the total minimum retirement benefits of $4,000 provided for a retired member shall be reduced by the sum of both the earned income and social security entitlement of any unmarried retired member or any married retired member and his spouse, on a dollar-for-dollar basis up to a maximum reduction of $1,000 per annum. In the event that a deceased retired member’s beneficiary has earned income or is entitled to receive social security benefits, or both, the minimum retirement benefits of $2,000 provided for a beneficiary shall be reduced by the total of both any earned income and social security entitlement on a dollar-for-dollar basis up to a maximum reduction of $1,000 per annum. Social security entitlement shall include not only social security benefits which are actually being collected by the retired member, spouse or beneficiary, but shall also include the amount that the retired member, spouse or beneficiary first qualified for by reason of age or other circumstances, plus any increases of any kind in social security benefits, even though no application has been actually made for the receipt of these benefits. Earned income shall mean wages, commission, or other compensation received by any retired member, spouse or beneficiary for services rendered in the capacity of an employee or self-employed, which was paid to them in consideration for any services rendered. It shall not include interest income, dividend income or any other unearned income which was paid to the recipient without services being rendered. Every retired member shall submit, before May 1 of each year, on a form approved by the Board of Trustees, a signed statement setting forth the total earned income and the total social security benefit entitlement of the retired member and his spouse, if any, for the immediately preceding calendar year. Every beneficiary of a deceased retired member shall submit before May 1 of each year on a form approved by the Board of Trustees, a signed statement setting forth the total earned income and the total social security benefit entitlement of the beneficiary for the immediately preceding calendar year. The said form and its contents completed by a retired member or a deceased retired member’s beneficiary shall be certified and sworn to before a notary public. Should any retired member or a deceased retired member’s beneficiary fail to submit said signed statement as required, they shall not be entitled to the aforesaid minimum income benefit provided in this subsection until they have complied. However, they shall be entitled to receive the same benefits as they were entitled to receive on the day immediately preceding the effective date of this ordinance. (e) In no event shall any retired member or a deceased retired member’s beneficiary, including beneficiaries under subsection (n)(3) of this section, receive less than a 5%-benefit increase, except those eligible for the aforesaid $4,000 to $2,000 minimum benefits, and those who have not filed the statements in accordance with the provisions of subsection (n)(4)(d), over and above the amount of total annual retirement benefits, including supplemental payments that they were receiving under the provisions of this subtitle, on April 18, 1974, used to calculate periodic payments due a retired member or a deceased retired member’s beneficiary on the last payroll period immediately preceding April 19, 1974, regardless of the basis used for calculating the benefits, and even though the benefits may have been incorrectly determined. (f) The basis to be used in determining the eligibility for and computation of the new minimum total retirement benefits provided by this § 6(n) shall be, the total annual retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, used to calculate periodic payments due a retired member or a deceased members’ beneficiary on the last payroll period immediately preceding the effective date of this ordinance, regardless of the basis used for calculating the benefits and even though the benefits may have been incorrectly determined. However, if the total annual benefits, including supplemental payments, used in calculating the periodic payments are less than those which would have been paid to the retired member or the deceased retired member’s beneficiary if the new definition of “service” under this ordinance were implemented, then the lesser retirement benefits are to be recalculated in conformity with the new definition of “services” as provided for under this ordinance, before determining the eligibility for and computation of the $4,000 minimum for a retired member and the $2,000 minimum for a deceased retired member’s beneficiary and the 5%-minimum guarantee for a retired member or a deceased retired member’s beneficiary. (g) This subsection shall not be applicable to a beneficiary who received a lump sum benefit instead of a periodically paid retirement allowance. (h) The total minimum benefits provided by this subsection shall cease at the time that the retired member or deceased retired member’s beneficiary is no longer entitled to receive a periodically paid pension, annuity, or both, under any other subsection of this subtitle. It is further provided that the total minimum retirement benefits guarantee so discontinued, with the exception of 4(d) of this subsection, shall not be reinstated upon any subsequent reemployment and eligibility for retirement as a result of such reemployment. (i) This subsection shall not be applicable to any survivors of a retired member who elected to receive maximum benefits without optional modification to provide a periodically paid survivors benefit. (o) (1) Notwithstanding anything to the contrary contained in § 6(n), effective with the 1st day of the 1st full pay period after July 1, 1975, any retiree who has 30 years or more of service and who is eligible for the benefits provided for in § 6(n), and who is eligible to receive, as of June 30, 1975, total annual retirement benefits in an amount under $4,400, subject to the limitations herein, shall be entitled to receive an increase of $400 over and above the amount that the retiree was eligible for as of June 30, 1975. However, if the $400 increment would result in the retiree’s receiving total retirement benefits in excess of $4,400, then such retiree shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $4,400. (2) Notwithstanding anything to the contrary contained in § 6(n), effective with the 1st day of the 1st full pay period after July 1, 1975, any beneficiary of a member who had 30 years or more of service and who is eligible for the benefits provided for in § 6(n), and who is eligible to receive, as of June 30, 1975, total annual retirement benefits in an amount under $2,200, subject to the limitations herein, shall be entitled to receive an increase of $200 over and above the amount that the beneficiary was eligible for as of June 30, 1975. However, if the $200 increment would result in the beneficiary’s receiving retirement benefits in excess of $2,200, then such beneficiary shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $2,200. (3) In the event that a retired member or deceased retired member had less than 30 years of service, the aforesaid $400 increase payable to a retired member and the $200 increase payable to any beneficiary of any deceased retired member, shall be reduced, pro rata, by each year and the decimal proportion of a year of service less than 30 years. However, if the reduced pro rata increment would result in the retiree’s receiving total retirement benefits in excess of $4,400, then such retiree shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $4,400, or if the reduced pro rata increment would result in the beneficiary’s receiving retirement benefits in excess of $2,200, then such beneficiary shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $2,200. (4) Notwithstanding anything to the contrary contained in § 6(n), any social security entitlement and earned income offsets provided for in § 6(n)(4)(d) shall, after July 1, 1975, not exceed the retiree’s or the beneficiaries’ offset which was used to calculate § 6(n) benefits on June 30, 1975. Should any such offset in any subsequent year be less than the June 30, 1975, offset, then the retiree or beneficiary shall, upon proper application, be entitled to receive the appropriate increase in § 6(n) benefits, in addition to the increased benefits provided for in this subsection. (p) In addition to the benefits provided for in this subtitle, any member who was retired on or before June 30, 1977, and who was receiving a periodically paid retirement benefit under this system shall be entitled to receive an increase in his total retirement benefits including §§ 6(n) and 6(o) adjusted benefits, effective with the 1st full pay period on or after July 1, 1979, in an amount equal to 5% of the total retirement benefits including §§ 6(n) and 6(o) adjusted increases, which said retiree was receiving on June 30, 1977, subject to a maximum increase of $260 a year. However, such maximum increase of $260 shall be reduced, pro rata, by each year and the decimal proportion of a year of the retiree’s service which was less than 30 years at the time of the member’s retirement. In addition to the benefits provided for in this subtitle, any beneficiary of a deceased retiree who became a beneficiary on or before June 30, 1977, as a result of the death of a retired member, which death occurred on or before June 30, 1977, and which beneficiary is receiving a periodically paid retirement benefit under this system, shall be entitled to receive an increase in his or her total retirement benefits including §§ 6(n) and 6(o) adjusted benefits, starting with the 1st full pay period on or after July 1, 1979, in an amount equal to 5% of the total retirement benefits including §§ 6(n) and 6(o) adjusted increases, which said beneficiary was receiving on June 30, 1977, subject to a maximum increase of $130 a year. However, such maximum annual increase of $130 shall be reduced, pro rata, by each year and the decimal proportion of a year that the original member retiree’s service was less than 30 years at the time the member retired. In addition to the benefits provided for in this subtitle, any beneficiary who becomes eligible for periodically paid retirement benefits as a result of the death of a retired member, which death occurs on or after July 1, 1977, and which member was retired and receiving benefits on or before June 30, 1977, shall be entitled to receive an increase in the total retirement benefits including §§ 6(n) and 6(o) adjusted increases, starting with the 1st full pay period on or after July 1, 1979 (or if the retired member dies after July 1, 1979, then the 1st pay period after the retired member’s death), in an amount equal to 5% of the total retirement benefits including §§ 6(n) and 6(o) adjusted increases, which said beneficiary was receiving on June 30, 1979 (or at the time of the retired member’s death, if later), subject to a maximum increase of $130 a year. However, such maximum increase of $130 shall be reduced, pro rata, by each year and the decimal proportion of a year that the original member retiree’s service was less than 30 years, at the time of the original member’s retirement. The increases provided for under this section shall not be applicable to any retired member or any beneficiary of a deceased retired member who received a lump-sum benefit instead of a periodically paid retirement allowance. In addition, the benefits provided for in this section shall cease at the time that the retired member dies, or the deceased retired member’s beneficiary shall no longer be entitled to receive a periodically paid pension, annuity, or both, under any other section of this subtitle. It is further provided that the increases under this section when so discontinued, shall not be reinstated upon any subsequent reemployment and subsequent eligibility for retirement as a result of such reemployment. *History: Ord. 26-553* *History: Ord. 39-942* *History: Ord. 45-209* *History: Ord. 47-858* *History: Ord. 49-703* *History: Ord. 50-1410* *History: Ord. 51-1634* *History: Ord. 53-899* *History: Ord. 53-989* *History: Ord. 55-096* *History: Ord. 57-1100* *History: Ord. 58-1397* *History: Ord. 58-1565* *History: Ord. 58-1649* *History: Ord. 59-1864* *History: Ord. 59-1774* *History: Ord. 61-1039* *History: Ord. 63-1583* *History: Ord. 67-1022* *History: Ord. 72-237* *History: Ord. 73-419* *History: Ord. 74-552* *History: Ord. 75-975* *History: Ord. 75-1058* *History: Ord. 70-1055* *History: Ord. 79-1126* *History: Ord. 86-767* *History: Ord. 87-988* *History: Ord. 89-275* *History: Ord. 91-777* *History: Ord. 91-829* *History: Ord. 92-086* *History: Ord. 93-250* *History: Ord. 93-263* *History: Ord. 95-525* *History: Ord. 99-587* *History: Ord. 01-189* *History: Ord. 04-822* *History: Ord. 05-173* *History: Ord. 07-422* *History: Ord. 11-520* *History: Ord. 20-459* #### § 7 Management of funds. Balt., Md., Code art. 22, § 7 (2026) (a) The Board of Trustees shall be the trustees of the several funds of the Employees’ Retirement System of Baltimore created by Article 22 under this subtitle as provided in § 8. The Board of Trustees shall have the power to invest and reinvest such funds in the following types or classes of assets subject to the limitations, if any, as set forth with regard to each type or class of investment. The Board of Trustees has the duty and responsibility of periodically determining investment policies consistent with the capital market environment, and the actuarial characteristics of the Employees’ Retirement System and to publish these investment policy guidelines by filing a copy of them with the Department of Legislative Reference. All contributions from time to time paid into the several funds, and the income thereof, without distinction between principal and income, shall be held and administered by the Board of Trustees or its agents in the funds, and the Board shall not be required to segregate or invest separately any portion of the funds. Provided, however, that nothing in this section shall be deemed to render illegal or to invalidate the making and holding of any investment heretofore made and now remaining in said funds where such investment when made was authorized by law prior to the enactment of this section; and provided further, that nothing herein shall be deemed to prevent the Board of Trustees from accepting, in lieu or substitution of securities representing investments heretofore validly made, other securities not of the kind enumerated but authorized by ordinance as investments for the said Board prior to the enactment of this section, where the Board shall deem such substitution of securities desirable to preserve the investment of said funds. Subject to the terms, provisions and conditions contained herein, said Trustees shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as the proceeds of said investments and any moneys belonging to said funds. (1) (i) 1. In this paragraph (1), the following words have the meanings indicated. 2. “Company” means any corporation, utility, partnership, joint venture, franchisor, franchisee, trust, entity, investment vehicle, financial institution, or its wholly-owned subsidiary. 3. “Divestment action” means selling, redeeming, transferring, exchanging, or otherwise disposing or refraining from further investment in certain investments. 4. “Doing business in Sudan” means maintaining equipment, facilities, personnel, or other apparatus of business or commerce in Sudan, including ownership of real or personal property in Sudan, or engaging in any business activity with the Government of Sudan. 5. A. “Sudan” means the government in Khartoum, Sudan, that is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006, including the coalition National Unity Government agreed on in the Comprehensive Peace Agreement for Sudan. B. “Sudan” does not include the regional government of southern Sudan. 6. A. “Actively managed separate account” means the accounts of the System that are actively managed at the direction of the Board of Trustees and held in separate accounts. B. “Actively managed separate account” does not include: 1. indexed funds, 2. private equity funds, 3. hedge funds, 4. real estate funds, and 5. other commingled or passively managed funds. (ii) Each Investment Manager engaged by the Board will provide to the Board quarterly written reports presenting a list of: 1. securities of companies under management doing business in Sudan, and 2. securities or instruments issued by Sudan held by the Investment Manager, in which System funds are invested. (iii) In preparing reports required in subparagraph (ii) of this paragraph (1), an investment manager shall reference the U.S. Department of the Treasury’s Office of Foreign Assets Control, Institutional Shareholder Services, or other list approved by the Board of Trustees. (iv) Consistent with the fiduciary duties of the Board of Trustees under this Article 22, and the provisions of subparagraph (v) of this paragraph (1), the Board of Trustees may take divestment action in actively-managed separate accounts with regard to investments in: 1. any bank or financial institution that makes loans to the Republic of Sudan, 2. a national corporation of Sudan, and 3. the stocks, securities, or other obligations of any company doing business in or with Sudan. (v) In determining whether to take divestment action under subparagraph (iv) of this paragraph (1) with regard to the investment of funds in actively-managed separate accounts in a company doing business in Sudan, the Board of Trustees may consider the following: 1. revenues paid by a company directly to the government of Sudan, 2. whether a company supplies infrastructure or resources used by the government of Sudan to implement its policies of genocide in Darfur or other regions of Sudan, 3. whether a company knowingly obstructs lawful inquiries into its operations and investments in Sudan, 4. whether a company attempts to circumvent any applicable sanctions of the United States, 5. the extent of any humanitarian activities undertaken by a company in Sudan, 6. whether a company is engaged solely in the provision of goods and services intended to relieve human suffering, or to promote welfare, health, education, or religious or spiritual activities, 7. whether a company is authorized by the federal government of the United States to do business in Sudan, 8. evidence that a company has engaged the government of Sudan to cease its abuses in Darfur or other regions in Sudan, 9. whether a company is engaged solely in journalistic activities, 10. the economic impact of the divestment from the portfolio, and 11. any other factor that the Board of Trustees deems prudent. (vi) If the Board of Trustees takes divestment action under subparagraph (iv) of this paragraph (1) with respect to investments in a company, the Board of Trustees shall direct the investment manager to provide the company with written notice of its decision and reasons for the decision. (vii) On or before October 1 of each year, the Board of Trustees shall submit a report to the City Council that provides: 1. all divestment actions taken by the Board in accordance with this paragraph (1), 2. a list of those companies doing business in Sudan and of those securities or instruments issued by Sudan, as reported to the Board by its investment managers under subparagraph (ii) of this paragraph (1), from which the Board has not divested; and 3. other developments relevant to investment in companies doing business in Sudan. (2) (i) 1. In this paragraph (2), the following terms have the meanings indicated. 2. A. “Actively managed separate account” means assets of the System that are actively managed at the direction of the Board of Trustees and held in a separate account. B. “Actively managed separate account” does not include: 1. an indexed fund; 2. a private equity fund; 3. a hedge fund; 4. a real estate fund; or 5. any other commingled or passively managed fund. 3. “Company” means any sole proprietorship, organization, association, corporation, limited liability company, utility, partnership, joint venture, or any other entity or business association, including any wholly-owned subsidiary, majority-owned subsidiary, or parent entity of any company. 4. “Divest” or “divestment action” means selling, redeeming, transferring, exchanging, or otherwise disposing or refraining from further investment in certain investments. 5. “Fossil fuel company” means a company listed in the 200 publicly traded coal, oil, and gas companies that hold reported fossil fuel reserves with the largest potential carbon emissions, as ranked and updated annually in the Carbon Underground 200 or any successor index. (ii) Except as otherwise provided in this paragraph (2), the Board of Trustees may not make any new investments in any fossil fuel company within an actively managed separate account. (iii) At least every 6 months, the Board of Trustees shall review the investment holdings in each actively managed separate account and identify each investment in any fossil fuel company. (iv) Except as otherwise provided in this paragraph (2), the Board of Trustees shall: 1. by July 1, 2022, divest at least 20% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022; 2. by July 1, 2023, divest at least 40% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022; 3. by July 1, 2024, divest at least 60% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022; 4. by July 1, 2025, divest at least 80% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022; and 5. by July 1, 2026, divest at least 100% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022. (v) 1. Nothing in this paragraph (2) shall require the Board to take action as described in this paragraph (2) unless the Board determines, in good faith, that the action is consistent with the fiduciary duties and responsibilities of the Board as required by law. 2. If the Board of Trustees finds that a delay in divesting from a fossil fuel company is necessary due to its fiduciary duty, the Board shall, within 30 days of that finding, report the delay to the Mayor, the Board of Estimates, and the City Council and report an estimated timeline for the resumption of divestment. (vi) 1. Before divesting from a fossil fuel company under this paragraph (2), the Board shall provide written notice and an opportunity to respond in writing to each company subject to the divestment action. 2. No divestment action may occur until 90 days from the date of the notice described in sub-subparagraph 1. of this subparagraph (vi). 3. No divestment action may occur if the company demonstrates to the Board of Trustees that it is exempt from divestment under subparagraph (vii) of this paragraph (2). (vii) The divestment requirements and investment prohibitions of this paragraph (2) do not apply to any company that can demonstrate to the Board of Trustees that the company: 1. has stopped exploring for new hydrocarbons; 2. contractually agrees not to develop or sell 80% of its current proven fossil fuel reserves; and 3. has ceased lobbying or attempting to influence City, state, or federal government officials to preserve fossil fuel subsidies, tax breaks, or the company’s competitive advantage with respect to clean, renewable energy. (viii) On or before June 30 of each year, the Board of Trustees shall submit a report to the Mayor and City Council detailing the operation and compliance with this paragraph (2). The report shall include: 1. identification of each investment in a fossil fuel company held in an actively managed separate account; 2. a list of each divestment action taken under this paragraph (2) in the prior fiscal year; 3. a description of each decision to delay divestment; and 4. a calculation of the administrative cost of compliance with this paragraph (2). (b) (1) (i) As of July 1, 1978, the Trustees will determine the “carrying value” of the Fund in accordance with the asset valuation method theretofore employed and the “adjusted market value” of the Fund representing an average fair market value of that date. (ii) During the 1979 fiscal year, the Trustees will establish a “Reserve for Book Value” as of July 1, 1978, equal to the difference as of that date between the carrying value and the adjusted market value of the Fund. On that date and on each annual valuation date thereafter, the value of the Fund assets for actuarial valuation purposes will be carried at (1) the then current adjusted market value, plus (2) the Reserve for Book Value. (iii) The Board of Trustees annually shall credit regular interest less the investment management, custodian and investment adviser costs on the mean amount for the preceding year in each of the funds. After payment of pension fund management, custodian, and investment adviser services as provided in §§ 7(g) and 43(a), any excess of the earnings of the funds of this Retirement System as determined in accordance with an appropriate asset investment adviser services as provided in §§ 7(g) and 43(a), any excess of the earnings of the funds of this Retirement System as determined in accordance with an appropriate asset valuation method giving effect to actual earnings of the funds, over the earnings based on the regular interest rate used for valuation purposes, shall first be applied by the Board of Trustees to meet the conditions of any asset averaging method then in use under the system. (iv) An additional amount equal to 1½% of the mean amount for the preceding year in each of the funds will be deducted from the remaining excess earnings, if any, and applied by the Board of Trustees to reduce the remaining balance, if any, in the “Reserve for Book Value”; to the extent that excess earnings are less than 1½% per annum, the City of Baltimore shall contribute the difference to the “Reserve for Book Value”, averaged over a 5-year period in accordance with the asset valuation method theretofore employed. The remaining excess earnings, if any, shall next be applied by the Board in such amount or amounts as they determine (1) to decrease the amount contributed by the City of Baltimore, and/or (2) to decrease the period over which the unfunded accrued liability will be amortized as provided in § 8(c)(3), and/or (3) to reduce the remaining balance, if any, in the “Reserve for Book Value”. Any deficiency of the earnings of the funds of this Retirement System, as determined in accordance with an appropriate asset valuation method giving recognition to actual earnings of the funds, below the required earnings based on the regular interest rate used for valuation purposes shall first be applied to meet the conditions of any asset averaging method then in use under the system; the remaining deficiency in earnings, if any, shall be applied by the Board of Trustees in such amount or amounts as they determine either (1) to increase the amount contributed by the City of Baltimore, and/or (2) to increase the period over which the unfunded accrued liability will be amortized as provided in § 8(c)(3). (v) The increase or decrease of contribution and/or the increase or decrease in length of amortization period shall be determined by the Board after receiving the advice of the actuary engaged by the City, on the basis of regular interest rate used for valuation purposes, and of such mortality and other tables as shall be adopted by the Board of Trustees. (2) The Board of Trustees shall use such portion of the net unallocated interest surplus (if any), which has not been used to reduce the City’s contribution or the unfunded actuarial liability, as is deemed necessary by the actuary to cover the cost to the City of Baltimore which may result from the implementation of Ordinance 87-988, effective July 1, 1987, as it affects benefits for current members as of the date of enactment of the ordinance. All other costs of Ordinance 87-988 shall be provided for in the same manner as otherwise described in this section. (3) The Board of Trustees shall apply the $19,633,535 restricted portion of the interest surplus, as noted in City Council Resolution 88-009, towards the cost to the City of Baltimore which results from the implementation of Ordinance 89-275. (4) Any unallocated interest surplus as of June 30, 1990, shall be applied to reduce the current cost of the system. $1,000,000 of such surplus shall be applied for the City’s fiscal year ending June 30, 1992. The remainder of such surplus shall be applied in each following fiscal year until exhausted. The amount to be applied in each such year shall be no more than $3,000,000 and no less than the lesser of $1,000,000 or the remaining amount of surplus not yet applied. (5) The Board of Trustees shall use such portion of the net unallocated interest surplus, if any, as of June 30, 1995, as is deemed necessary by the actuary to cover the cost to the City of §§ 4(b)(2) and 9(c)(6) of this subtitle. Any additional costs of said sections shall be funded in the same manner as otherwise described in this section. (6) The Board of Trustees shall use that portion of the net unallocated excess earnings, if any, as of June 30, 2000, that the actuary considers necessary to cover the cost to the City of §§ 6(a)(2)(iii), 6(b)(15)(i), 6(b-1), 6(c)(2)(ii), 6(c)(12)(ii), 6(d-1), 6(f)(12)(ii), 6(f)(14), 6(h)(4), 6(k), 9(e)(6), 9(j)(ii), 9(m)(8)(c) and (d), 9(o-1)(4), and 9(o-4) of this subtitle. Any additional costs of those sections shall be funded in the same manner as otherwise described in this section. (c) For the purpose of meeting disbursements for pensions, annuities, and other payments, there may be kept available cash on deposit in one or more banks or trust companies located in the City of Baltimore, organized under the laws of the State of Maryland or of the United States, in such amount as the Trustees may by resolution from time to time adopt, not exceeding a sum equal to the estimated disbursements projected for a period of 15 days. The sums on deposit in bank shall be secured by collateral posted by the depositories of such type and amount as the Board of Finance may prescribe, but in no event shall the market value of such collateral be less than 100% of the amount on deposit according to the depositories’ records. In exercising this authority for bank deposits, the Trustees shall endeavor to minimize the amount of such deposits, and shall consider appropriate money management techniques, including wire transfers of funds and the zero-balance-fee-for-service method of maintaining bank accounts. In no event shall the bank accounts be used as the basis for, or form part of the basis for fees for the investment administrators or be used to provide supplementary compensation for such investment administrators. (d) The Director of Finance, as the Custodian designated in the City Charter, may cause any investment in securities held by the Trustees to be registered in or transferred into the name of the Trustees or into the name of such nominee as the Director of Finance may direct, including a nominee partnership created by the Board of Trustees, or the Director of Finance may retain them unregistered and in form permitting transferability, and further may authorize its contractual agents to deposit securities with “clearing corporations” as defined in § 8-102 of the State Commercial Law Article for the express purpose of having such clearing corporations act as centralized depositories for such securities, but the books and records of the Director of Finance and its contractual agents shall at all times show that all such investments are part of the several funds of the Employees’ Retirement System. The authority to make use of a clearing corporation shall include the authority to utilize the “book entry” system of the United States Government, and agencies thereof, for which the Federal Reserve Bank is the authorized fiscal agent. (e) Except as otherwise herein provided, no trustee and no employees of the Board of Trustees shall have any direct interest in the gains or profits of any investment made by the Board of Trustees or their designees, nor as such receive any pay or emolument for his services, except as authorized from time to time by the Board of Estimates. No trustee or employee of the Board shall, directly or indirectly, for himself or as an agent in any manner use said gains or profits, except to make such current and necessary payments as are authorized by the Board of Trustees; nor shall any Trustee or employee of the Board of Trustees become an endorser or surety or in any manner an obligor for moneys loaned by or borrowed from the Board of Trustees. (f) Neither the Board of Trustees nor any agent, person or other entity acting on behalf of the Board of Trustees shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminution of the funds, except that due to his or its own gross negligence, willful misconduct or lack of good faith. (g) The Director of Finance shall be the custodian of the several funds of the Employees’ Retirement System. Supervision of the several funds of the Employees’ Retirement System shall be vested in the Board of Trustees. Subject to the approval of the Board of Estimates, the Board of Trustees may hire and appoint such persons, agents or entities (including corporate fiduciaries) as in its discretion may be required or advisable to enable it to perform such pension fund investment management duties hereunder; provided further, that subject to the approval of the Board of Estimates the Board of Trustees may enter into agency and pension fund investment management agreements with one or more qualified pension fund managers for the purpose of obtaining pension fund investment management for the Employees’ Retirement System and the several funds thereof. Payment for such investment management services shall be made from the resources of the pension fund or funds. (h) The Board of Trustees shall discharge its duties, with respect to the investment of the funds of the Employees’ Retirement System, solely in the interest of the members and beneficiaries and: (1) for the exclusive purpose of: (i) providing benefits to members and beneficiaries; and (ii) defraying reasonable expenses of administering the Retirement System; (2) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; (3) by diversifying the investments of the Retirement Systems’ funds so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and (4) in accordance with the provisions of § 7 of this subtitle. *History: Ord. 26-553* *History: Ord. 33-390* *History: Ord. 58-1264* *History: Ord. 59-244* *History: Ord. 64-424* *History: Ord. 68-119* *History: Ord. 70-758* *History: Ord. 73-313* *History: Ord. 73-419* *History: Ord. 75-1058* *History: Ord. 78-851* *History: Ord. 81-238* *History: Ord. 83-880* *History: Ord. 85-492* *History: Ord. 86-765* *History: Ord. 86-779* *History: Ord. 87-988* *History: Ord. 88-058* *History: Ord. 89-275* *History: Ord. 90-466* *History: Ord. 91-777* *History: Ord. 93-210* *History: Ord. 93-265* *History: Ord. 96-006* *History: Ord. 01-189* *History: Ord. 07-570* *History: Ord. 11-520* *History: Ord. 12-044* *History: Ord. 21-043* #### § 8 Method of financing. Balt., Md., Code art. 22, § 8 (2026) (a) All of the assets of the Retirement System shall be credited toward meeting the aggregate obligations of the Retirement System. (b) (1) The Retirement System shall maintain a fund in which shall be accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by the City of Baltimore and from which shall be paid all pensions and other benefits on account of members with prior service credit and lump sum death benefits for all members payable from the those contributions. (2) Contributions by the City Baltimore to the Retirement System Fund shall be made as follows: (i) On the basis of regular interest and of such mortality and other tables as are adopted by the Board of Trustees, the actuary engaged by the Board shall make a valuation to determine the required contribution by the City of Baltimore for the Retirement System Fund. (ii) The actuary shall determine for each member a normal cost that is equal to the amount of annual contribution as a constant percentage of compensation that is necessary to provide the member’s benefit, if the contributions had been made annually from the member’s date of entry into the system, together with any other service credit acquired under any provisions of this subtitle and under Division II of the State Personnel and Pension Article, to the member’s date of retirement. The total amounts so determined shall be known as “normal cost contribution.” (iii) An accrued liability shall be calculated for each member equal to the accumulation of the annual normal cost contribution, as described in subparagraph (ii) of this paragraph (2), from the date of entry into the system, together with any other service credit acquired under any provisions of this subtitle and under Division II of the State Personnel and Pension Article, to the valuation date on the basis of the actuarial assumptions adopted by the Board of Trustees. (iv) The accrued liability computed under subparagraph (iii) of this paragraph (2) shall be added to the reserve for retirement benefits payable to retired members from the Retirement System Fund to obtain the total accrued liability. (v) The assets of the Retirement System Fund shall be applied against the total accrued liability, computed for all members, retirees, and beneficiaries, to determine the amount of unfunded accrued liability. An accrued liability contribution shall be determined as the amount sufficient to meet regular interest on the unfunded accrued liability, and to amortize the principal of the unfunded accrued liability over the period of time determined by the Board of Trustees. (vi) The required contribution by the City of Baltimore shall be the sum of the normal cost and accrued liability contribution determined in accordance with this paragraph. The aggregate payment by the City of Baltimore shall be, when combined with the amount in the Retirement System Fund, sufficient to provide the pensions and other benefits payable out of the Fund during the year then current. (vii) The accrued liability contribution shall be discontinued as soon as the accumulated reserve in the Retirement System Fund equals the present value, as actuarially computed and approved by the Board of Trustees, of the total liability of the Fund, less the present value, computed on the basis of the normal contribution rate then in force, of the prospective normal contributions to be received on account of persons who are at that time members. (c) (1) On or before January 1 of each year, the Board of Trustees shall certify to the Board of Estimates the amount of the appropriation necessary to pay to the Retirement System the amounts payable by the City of Baltimore, as enumerated in this article, for the fiscal year beginning on the ensuing July 1. (2) The amount so certified is due to the System on July 1 of the fiscal year, and appropriations for that amount shall be included in the Ordinance of Estimates for that fiscal year. (d) (1) (i) Subject to subparagraph (ii) of this paragraph (1), and notwithstanding any other provision of this subtitle, effective with the 1st full payroll period that begins after the applicable effective date shown below, each Class C member shall contribute the percentage of his or her earnable compensation (as defined in § 1(11) of this subtitle) that corresponds to the effective date, these contributions to continue throughout the member’s remaining period of service:
Effective date Percentage of earnable compensation
July 1, 2013 1%
July 1, 2014 2%
July 1, 2015 3%
July 1, 2016 4%
July 1, 2017 5%
(ii) (A) The scheduled increases in a member’s contribution, as provided for in subparagraph (i) of this paragraph (1), apply only for a fiscal year in which a minimum 2% raise (or in which a series of prior non-minimum annual raises, first effective after the immediately preceding contribution increase, reaches an aggregate of 2% (the “aggregate minimum”)): 1. has been subject to negotiation or meet-and-confer, as the case may be, with the certified employee organization or professional association representing that employee; and 2. has become effective for that employee and for all other employees represented by that organization or association. (B) For any fiscal year in which a member does not receive this minimum raise (or minimum aggregate), the scheduled increase in that member’s contribution is suspended and the schedule of increased contributions will resume only for the next fiscal year in which there is a minimum raise (or aggregate minimum). (C) Notwithstanding City Code Article 12, § 5-8 {“Labor Negotiations: Time table”}, if a minimum raise (or minimum aggregate) only becomes effective after a fiscal year has begun, the contribution increase for that fiscal year is suspended until the date on which the minimum raise (or minimum aggregate) is effective and is then applied pro rata for the period from the effective date of the raise through the remainder of the fiscal year. (D) For any fiscal year in which a raise (or aggregate of raises) exceeds 2%, the excess over 2% shall be calculated with all other subsequent raises for purposes of determining the next minimum aggregate requiring the next contribution increase. (E) At all times, notwithstanding any suspension of a scheduled increase, a member’s then required contribution, as established in prior fiscal years, remains intact. (2) Effective with the 1st full payroll period that begins after an employee begins her or his Class D membership, the employee shall contribute 5% of his or her earnable compensation (as defined in § 1(11) of this subtitle), these contributions to continue throughout the member’s remaining period of service. (3) (i) The contributions described in paragraphs (1) and (2) of this subsection shall be treated as being “picked up” by the City of Baltimore within the meaning of Internal Revenue Code (“IRC”) § 414(h)(2). (ii) These picked-up contributions may not be excluded from “average final compensation” in computing the amount of any retirement allowance under this System or any other benefit paid or payable in connection with the member’s employment. Each member is at all times fully vested in these contributions. (iii) As soon as administratively practicable, the City shall request a private letter ruling from the Internal Revenue Service to the effect that the contributions so picked up by the City on behalf of members of this System will be treated as employer contributions described in IRC § 414(h)(2) and will not be includible in the member’s gross income for federal income tax purposes for the year in which they are contributed. If the Internal Revenue Service rules that the City’s picked-up contributions do not satisfy the requirements of IRC § 414(h)(2), or if § 414(h)(2) is repealed, the contribution rates set forth in paragraphs (1) and (2) of this subsection will remain in effect, but the contributions may no longer be treated as picked up by the City and shall be paid instead directly by the member. (iv) For each payroll period, the Department of Finance shall cause to be deducted from the earnable compensation of each Class C and Class D member the percentage of contributions described in paragraphs (1) and (2) of this subsection. These deductions shall be paid into the Retirement System Fund and credited, with regular interest (as defined in § 1(9)(i)(B) of this subtitle), on behalf of the member from whose earnable compensation the deductions were made. (v) A member’s accumulated contributions that are withdrawn by the member, or paid to the member’s estate or designated beneficiary in event of death as provided in this subtitle, shall be paid from the Retirement System Fund. *History: Ord. 26-553* *History: Ord. 50-1410* *History: Ord. 53-899* *History: Ord. 64-425* *History: Ord. 65-700* *History: Ord. 68-235* *History: Ord. 70-759* *History: Ord. 73-419* *History: Ord. 74-552* *History: Ord. 75-1058* *History: Ord. 77-610* *History: Ord. 79-1055* *History: Ord 91-777* *History: Ord. 92-086* *History: Ord. 07-422* *History: Ord. 13-144* *History: Ord. 13-191* *History: Ord. 14-216* #### § 9 Class C membership. Balt., Md., Code art. 22, § 9 (2026) (a) (1) In this section, “(an)other City retirement plan” means: (i) the Fire and Police Employees’ Retirement System of the City of Baltimore; or (ii) the Elected Officials’ Retirement System of the City of Baltimore. (2) (i) Except as provided in §§ 9.1 and 9.2 of this subtitle, an employee whose employment with the City begins on or after July 1, 1979, with the exception of an employee who is required to join another City retirement plan, will become a Class C member of this System on the 1st annual anniversary of the date on which his or her employment began. (ii) An employee who, on or after July 1, 2014, transfers, without a break in employment, from a position with the City covered under another City retirement plan to a position with the City covered under this System: (A) will become a Class C member on the 1st annual anniversary of the transfer; and (B) will be credited with his or prior service under the other City retirement plan in accordance with subsection (c)(4) of this section. (3) Except as provided in paragraph (4) of this subsection, a Class C member may not make contributions to, receive any pension or retirement income from, or accrue any service credit in another City retirement plan while at the same time accruing service credit in this System. (4) Notwithstanding paragraph (3) of this subsection, and pursuant to § 48 of this article, the following may become Class C members of this System and accrue service credit in this System while an employee covered by this System: (i) members of another City retirement plan who were eligible to begin receiving retirement benefits from that other plan but who, on transferring to a position covered by this System, postponed receipt of those benefits; or (ii) retirees who were receiving retirement benefits from another City retirement plan but who, on reemployment in a position covered by this System, suspended receipt of those benefits. (b) A Class C member shall execute the form or forms and provide the supporting evidence that may be required from time to time, and must answer truthfully all questions pertinent to administration of this System. (c) (1) (i) For any Class C member who terminates employment on or before April 30, 1996, all service in a fiscal year after the date of becoming a Class C member shall be credited as provided in this paragraph. (ii) (A) Any Class C member employed by the City in a job classification that requires 1,000 or more hours of work in a fiscal year shall receive credit for 1 year of service, if that member was in pay status for each and every payroll period in the fiscal year. (B) If the member was not in pay status for each and every payroll period in the fiscal year, service for that fiscal year shall be credited pro rata, calculated as follows: 1. 1 year’s service credit, multiplied by 2. a fraction, the numerator of which is the number of payroll periods in the fiscal year that the member was in pay status, and the denominator of which is the total number of payroll periods in the fiscal year for that member’s job classification. (iii) (A) Any Class C member employed by the City in a job classification that requires not less than 500 nor more than 1,000 hours of work in a fiscal year shall receive credit for ½ of a year of service, if that member was in pay status for each and every payroll period in the fiscal year. (B) If the member was not in pay status for each and every payroll period in the fiscal year, service for that fiscal year shall be credited pro rata, calculated as follows: 1. ½ year’s service credit, multiplied by 2. a fraction, the numerator of which is the number of payroll periods in the fiscal year that the member was in pay status, and the denominator of which is the total number of payroll periods in the fiscal year for that member’s job classification. (iv) Any Class C member employed by the City in a job classification that requires less than 500 hours of work in a fiscal year is not eligible to receive any service credit for that employment. However, the member is considered an active Class C member. (2) (i) For a Class C member who terminates employment on or after May 1, 1996, all service in a fiscal year after the date of becoming a Class C member shall be credited as provided in this paragraph. (ii) (A) A Class C member who is employed by the City in a job classification that requires more than 1,000 hours of work in a fiscal year shall receive credit for 1 year of service. (B) If, however, during the 1st or final fiscal year of the member’s service, the member was not in pay status for every payroll period in the fiscal year, or for any other fiscal year in which the member was out of pay status for 7 or more bi-weekly payroll periods (or an equivalent number of weekly or monthly payroll periods), service for that fiscal year shall be credited pro rata, calculated as follows: 1. 1 year’s service credit, multiplied by 2. a fraction, the numerator of which is the number of payroll periods in the fiscal year that the member was in pay status, and the denominator of which is the total number of payroll periods in the fiscal year for the member’s job classification. (iii) (A) A Class C member who is employed by the City in a job classification that requires not less than 500 nor more than 1,000 hours of work in a fiscal year shall receive credit for ½ of a year of service. (B) If, however, during the 1st or final fiscal year of a member’s service, the member was not in pay status for every payroll period in the fiscal year, or for any other fiscal year in which the member was out of pay status for 7 or more bi-weekly payroll periods (or an equivalent number of weekly or monthly payroll periods), service for that fiscal year shall be credited pro rata, calculated as follows: 1. ½ year’s service credit, multiplied by 2. a fraction, the numerator of which is the number of payroll periods in the fiscal year that the member was in pay status, and the denominator of which is the total number of payroll periods in the fiscal year for the member’s job classification. (iv) A Class C member who is employed by the City in a job classification that requires less than 500 hours of work in a fiscal year is not eligible to receive any service credit for that employment. However, the member will be considered an active Class C member. (v) The service of a Class C member who is paid on other than a uniform, 12-month basis (e.g., a 10-month employee of the Baltimore City Public School System) may not be pro rated under this paragraph because of the member’s being out of pay status during the period that the member ordinarily would not be paid. (3) (i) A Class C member is entitled to purchase service credit for any City employment regardless of retirement plan membership, as long as: (A) the employment did not result in the member’s being entitled to any current or future benefits for that employment in any other City retirement plan; and (B) the Class C member pays to this System, by a single payment, an amount equal to: 1. the current salary of the employee in the year of purchase, multiplied by 2. the sum of the employer rate for the normal cost and the employee contribution rate under § 8(d)(1) of this subtitle for the year of purchase, multiplied by 3. the number of years or part of a year being purchased. (ii) In addition, a Class C member is entitled to purchase service credit for the member’s 1st year of service with the City, under the same conditions as provided in subparagraph (i)(B) of this paragraph. (iii) If a member purchases service credit under this paragraph and later dies or leaves City employment for any reason, with or without any vested benefit due to the member or the member’s beneficiary under this subtitle, the member or the beneficiary is entitled to receive, in lieu of any other benefit under this System, a lump-sum cash payment equal to the total amount paid by the member for the purchase, plus interest at the rate of 5½% per year through June 30, 2013, and, effective July 1, 2013, at a rate equal to regular interest (as defined in § 1(9)(i)(B) of this subtitle). (4) (i) A Class C member who satisfies the applicable requirements of the State Personnel and Pensions Article may transfer service from a State or local retirement or pension system within Maryland. (ii) The service so transferred will be credited as service under this System. (d) (1) (i) In this subsection, the following terms have the meanings indicated. (ii) (A) “Military service” means any: 1. “service in the uniformed services”, as defined by and interpreted under 38 U.S.C. § 4303(13); or 2. “military service”, as defined by and interpreted under State Personnel and Pensions Article § 38-101(d). (B) “Military service” includes active duty, active duty for training, initial active duty for training, and inactive duty training (such as drills), under competent authority, on a voluntary or involuntary basis, in the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service Commissioned Corps, the Army National Guard, the Air National Guard, the Maryland National Guard, as well as the reserve components of each of these services, and any other category of persons designated by the President or the Governor of the State of Maryland in time of war or national or state emergency. (iii) “USERRA” means the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4344, as amended. (2) This subsection applies only to a member of this System who: (i) on account of military service, is on leave of absence from City employment; (ii) is eligible for reemployment with the City under USERRA; (iii) is reemployed by the City as an employee; and (iv) applies for service credit with this System. (3) (i) A member of this System shall receive service credit for the period of absence while in military service as though he or she remained continuously employed as an employee. (ii) To the extent required by USERRA, this service credit shall include the period, if any, between the date the member completes military service and the date of reemployment. (4) A member of this System who receives service credit for military service under this subsection may transfer the credit to another State or local retirement or pension system within Maryland. (5) A member of this System, the member’s beneficiary, or the member’s estate is not entitled to line-of-duty disability benefits or line-of-duty death benefits arising from the member’s death or disability during a period that the member is absent from employment for military service. (6) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, a member of this System who is reemployed under paragraph (2) of this subsection shall be credited with, at the City’s sole expense, the contributions that the member otherwise would have made under § 8(d)(1) of this subtitle had the member not been absent, plus regular interest (as defined in § 1(9)(i)(B) of this subtitle) on those contributions. (ii) (A) If a member terminates City employment, other than by reason of death, before becoming eligible for a retirement benefit or for a deferred vested pension benefit under this section, the member is not entitled to receive any part of the contributions made on his or her behalf under subparagraph (i) of this paragraph. (B) However, the contributions made on behalf of a member will be used to fund a retirement benefit or a deferred vested pension benefit payable to the member under this section. (C) In addition, the contributions made on behalf of a member: 1. will be used to fund a periodic death benefit payable to the member’s beneficiary under this section; or 2. if the member’s beneficiary is entitled to receive a lump-sum death benefit under this section, will be paid to the beneficiary. (iii) The Board of Trustees shall refund to a member any contributions made to this System during a period of absence from employment for military service while the member is otherwise exempted under this paragraph from paying contributions into this System. (d-1) (1) Subject to paragraph (2) of this subsection, but notwithstanding any other provision of this subtitle, on proper application to this System, up to 3 years of credit shall be granted for military service, as defined in subsection (d) of this section, to any Class C member who has served in the military prior to employment with the City and who satisfies one of the following: (i) for a member who terminates employment on or before June 28, 1993, the member: (A) has acquired at least 10 years of service (disregarding the military service credit) and has attained at least age 65; or (B) has acquired 35 years of service (disregarding the military service credit) and has attained at least age 62; (ii) for a member who terminates employment on or after June 29, 1993, and on or before December 31, 1995, the member: (A) has acquired at least 10 years of service (disregarding the military service credit) and has attained at least age 62; or (B) has acquired 30 or more years of service (disregarding the military service credit), regardless of age; or (iii) for a member who terminates employment on or after January 1, 1996, the member: (A) has acquired at least 10 years of service (disregarding the military service credit) and has attained at least age 62; or (B) has acquired 20 or more years of service (disregarding the military service credit), regardless of age. (2) (i) Except as provided in subparagraph (ii) of this paragraph, the member may not receive credit for a period of military service if, under any other retirement system (whether a City retirement plan or otherwise), the member has received credit for the same period of military service for which retirement benefits have been or will be received by him or her. (ii) The exclusion in subparagraph (i) of this paragraph does not apply to: (A) any credit for military service provided by the federal Social Security System; or (B) any benefit provided under Title 10, Chapter 1223, § 12731 through § 12741 of the U.S. Code. (d-2) (1) The following types of service retirement benefits are available to a Class C member under this System: (i) normal retirement benefits, as described in subsection (e) of this section; (ii) early retirement benefits, as described in subsection (f) of this section; and (iii) deferred vested pension benefits, as described in subsection (l) of this section. (2) A Class C member in service may retire under subsection (e), (f), or (l) of this section if: (i) the member files the appropriate application with the Board of Trustees, in the form and containing the information that the Board requires; (ii) the member specifies on the form the date on which the member desires his or her benefits to commence; (iii) the date so specified is not less than 60 days nor more than 90 days after the date of filing the application; and (iv) as of the date so specified, the member will have complied with the applicable conditions of the retirement benefit applied for. (e) (1) This § 9(e)(1) shall not apply to Class C members who became employees after June 27, 1991. Any Class C member, who has acquired at least 5 years of service at the normal retirement date of age 65, shall have a nonforfeitable right to receive a maximum pension commencing at the normal retirement date, age 65, or an optional pension which shall be the actuarial equivalent of the maximum pension as provided in § 9(m). In addition, any Class C member who has not attained the normal retirement date of age 65, but who has acquired 30 years of service and has attained the age of at least 62, shall be entitled to receive a maximum pension calculated as if the member had attained his normal retirement date, age 65. The maximum pension shall be equal to 1.85% of the member’s average final compensation multiplied by his years of service (and fractions thereof) reduced by 1.33% of the member’s Primary Social Security Benefit multiplied by his years of service (and fractions thereof) not to exceed 30. However, for members who terminate employment with the City before June 29, 1990, the preceding sentence shall be read by substituting “1.84%” for “1.85%”, and by substituting “1.37%” for “1.33%”. Effective June 28, 1992, the maximum pension for any Class C member who was an employee on or after June 28, 1991, and who is eligible to retire under the above paragraph shall be the greater of the retirement benefit provided in § 9(e)(1) or § 9(e)(4). (2) Any Class C member, who has acquired at least 5 years of service at the normal retirement date of age 65, shall have a nonforfeitable right to receive a maximum pension commencing at the normal retirement date, age 65, or an optional pension which shall be the actuarial equivalent of the maximum pension as provided in § 9(m). In addition, any Class C member who has not attained the normal retirement date of age 65, but who has acquired 30 years of service and has attained the age of at least 62, shall be entitled to receive a maximum pension calculated as if the member had attained his normal retirement date, age 65. The maximum pension shall be equal to 1.70% of the member’s average final compensation multiplied by his years of service (and fractions thereof), reduced by 1.5% of the member’s Primary Social Security Benefit multiplied by his years of service (and fractions thereof) not to exceed 30. (3) (4) Members who became employees on or after June 28, 1991, and who terminate employment on or before June 28, 1993, shall have their retirement benefit determined under this § 9(e)(4) without regard to § 9(e)(1). Any Class C member, who has acquired at least 5 years of service at the normal retirement date of age 65, shall have a nonforfeitable right to receive a maximum pension commencing at the normal retirement date, age 65, or an optional pension which shall be the actuarial equivalent of the maximum pension as provided in § 9(m). In addition, any Class C member who has not attained the normal retirement date of age 65, but acquired 30 years of service and has attained the age of at least 62, shall be entitled to receive a maximum pension calculated as if the member had attained his normal retirement date, age 65. The maximum pension shall be equal to: (a) 1.425% of the member’s average final compensation plus 0.425% of the member’s average final compensation in excess of his covered compensation, multiplied by his years of service (and fractions thereof) not in excess of 30, plus (b) 1.85% of the member’s average final compensation multiplied by his years of service (and fractions thereof) in excess of 30. For members who retire on or after June 28, 1991, and before June 28, 1992, the preceding sentence shall read by substituting “1.40%” for “1.425%” and by substituting “0.45%” for “0.425%”. The maximum pension benefit provided by this § 9(e)(4) shall be taken into account when determining the benefit to which a member is entitled under § 9(f) (early retirement), § 9(h) (postponed retirement), § 9(i) (ordinary disability retirement) and § 9(l) (termination of employment). This § 9(e)(4) is subject to the offset set forth in § 9(e)(3) above. Effective June 28, 1992, the maximum pension for any Class C member who was an employee on or after June 28, 1991, and who is eligible to retire under § 9(e)(1) shall be the greater of the retirement benefit provided in § 9(e)(1) or § 9(e)(4). (5) Notwithstanding anything to the contrary, any Class C member, who has acquired at least 5 years of service at the normal retirement date of age 65, shall have a nonforfeitable right to receive a maximum pension commencing at the normal retirement date, age 65, or an optional pension as provided in § 9(m), which shall be the actuarial equivalent of the maximum pension. In addition, any Class C member who has not attained the normal retirement age 65, but who has acquired 30 years or more of service, regardless of age, shall be entitled to receive a maximum or optional pension calculated as if the member had attained his normal retirement date, age 65. The maximum pension shall be equal to: (a) 1.50% of the member’s average final compensation, plus 0.35% of the member’s average final compensation in excess of his covered compensation, multiplied by his years of service (and fractions thereof) not in excess of 30, plus (b) 1.85% of the member’s average final compensation multiplied by his years of service (and fractions thereof) in excess of 30. The benefit provided by this § 9(e)(5) is subject to the offset set forth in § 9(e)(3) above. (6) (i) Notwithstanding any other provision of this subtitle, a Class C member is entitled to receive a normal retirement benefit, calculated as provided in subparagraph (ii) of this paragraph, if the member retires: (A) at or after age 65, with at least 5 years of service; or (B) regardless of age, with at least 30 years of service. (ii) The normal retirement benefit is equal to: (A) 1.60% of the member’s average final compensation, plus 0.25% of the member’s average final compensation in excess of his or her covered compensation, multiplied by his or her years of service (and fractions of those years of service), not in excess of 30, plus (B) 1.85% of the member’s average final compensation multiplied by his or her years of service (and fractions of those years of service) in excess of 30. (iii) Payment of the benefit commences on the 1st day of the month immediately following the member’s retirement. (f) (1) (i) A Class C member is entitled to receive an early retirement benefit, calculated as provided in subparagraph (ii) of this paragraph, if the member terminates employment with the City: (A) on or before June 28, 1993, with at least 30 years of service; or (B) at any time, at or after age 55, with at least 5 years of service. (ii) The early retirement benefit shall be determined as provided in subsection (e)(6)(ii) of this section based on the member’s average final compensation and years of service (and fractions of those years of service) as of the date the member terminates employment. (iii) Except as provided in paragraph (2) of this subsection, payment of the benefit commences on the 1st day of the month immediately following the member’s 65th birthday. (2) If a member described in paragraph (1) of this subsection elects to have his or her early retirement benefit commence before the 1st day of the month immediately following his or her 65th birthday, the amount of the benefit shall be reduced as follows: (i) (a) If a member who was an employee on or after July 1, 1987, but not after June 28, 1989, has at least 30 years of service as of the date he ceased being an employee, the amount of his pension shall be reduced by 0.25% for each full month (or fraction thereof) by which the commencement of his pension precedes his normal retirement date, age 65. (b) If a member who was an employee on or after June 29, 1989, but not after June 27, 1991, has at least 30 years of service as of the date he ceased being an employee, the amount of his pension shall be reduced by 0.17% for each full month (or fraction thereof) by which the commencement of his pension precedes his normal retirement date, age 65. However, for members who terminate employment with the City before June 29, 1990, the preceding sentence shall be read by substituting “0.21%” for “0.17%”. (c) If a member who was an employee on or after June 28, 1991, and who terminates employment on or before June 28, 1993, has at least 30 years of service as of the date he ceased being an employee, the amount of his pension shall be reduced by 0.17% for each full month (or fraction thereof) by which the commencement of his pension precedes his 62nd birthday. The provisions of this § 9(f)(2)(i)(c) become effective June 28, 1992. (ii) If a member who was an employee on or after July 1, 1987, has less than 30 years of service as of his or her termination of employment date and elects to have his or her pension commence before the 1st day of the month immediately following his or her 65th birthday, the amount of his or her benefit shall be reduced by: (A) 1/180 for each of the first 60 months (or fraction of a month) by which commencement of the member’s pension precedes the 1st day of the month immediately following his or her 65th birthday; and (B) 1/360 for each additional month (or fraction of a month) by which commencement of the member’s pension precedes the 1st day of the month immediately following his or her 65th birthday. (iii) A member who ceased being an employee prior to July 1, 1987, shall have his maximum or optional pension calculated according to Ordinance 79-1055. If said member elects to have his maximum or optional pension commence prior to normal retirement date, age 65, his maximum or optional pension shall be actuarially reduced based upon the unisex table approved by the Board of Trustees and known as “The Actuarial Reduction for Early Payment Class C Members Only Table, effective August 1, 1983.” (3) (i) (A) This paragraph will be applied exclusively upon receipt by the system of a written determination from the agency head of a member of this system, which is countersigned by an appropriate designee of: (1) the Office of the Mayor, (2) the Director of Human Resources, or (3) the Department of Law, confirming consultation by the agency head with each of the three designees and certifying one of the following criteria for a job removal retirement benefit: 1. the member is being laid off without fault on his or her part due to a reduction in force or diminished need for the services performed by the holder of such position and is not being removed for poor performance in the job, 2. in the case of an exempt member working in an “at will” position not covered by civil service, the member is being removed from his or her position without fault on his or her part, at the initiation of the agency and pursuant to its absolute discretion, and is not being removed for poor performance in the job, 3. the member is being removed from his or her position without fault on his or her part due to physical or mental incapacity, 4. the member is being removed from his or her position without fault on his or her part and the mutual best interests of the agency and the member would be served through the removal insofar as the removal will resolve a personnel or disciplinary dispute between the agency and the member, or 5. the member is being removed from his or her position without fault on his or her part and the mutual best interests of the agency and the member would be served through the removal, the agency head so certifies in good faith, and the member represents in writing to the agency and to the system that, as of the date of the certification, he or she has not been offered, has not accepted, and has not been given assurances of other employment. (B) An agency head’s determination and a member’s representations under this paragraph shall be maintained as public records, open to public inspection, and are not confidential personnel or retirement records. (ii) A Class C member who satisfies the requirements of subparagraph (i) of this paragraph before age 65 and with at least 20 years of service is entitled to receive a retirement benefit based on his or her actual years of service credit and equal to the benefit the member would receive if he or she had attained age 65. Accordingly, the reduction described in paragraph (2) of this subsection does not apply. (g) - (h) (i) (1) A Class C member is entitled to retire on a non-line-of-duty disability retirement if: (i) the member has acquired at least 5 years of service, as determined by the Board of Trustees; and (ii) a hearing examiner determines that: (A) the member is mentally or physically incapacitated from the further performance of the duties of her or his job classification; and (B) the incapacity is likely to be permanent. (2) To retire under this subsection, the member must: (i) complete the appropriate application, in the form and containing the information required by subsection (p)(4) of this section; and (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment. (3) A non-line-of-duty disability retirement takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of City employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of the month immediately following the 30th day after the date on which the Board received a completed application. (4) (i) Upon retirement for non-line-of-duty disability on or before October 15, 1992, a member who has not attained the age of 60 is entitled to receive a maximum pension equal to the pension determined in accordance with § 9(e) as if he or she remained employed by the City until the normal retirement date, age 65, multiplied by the greater of: (A) a fraction, the numerator of which is the number of years (and fractions thereof) of the member’s service prior to the time he or she ceased to be employed by the City, and the denominator of which is the number of years (and fractions thereof) of service that the member would have had if he or she had continued to be employed by the City until normal retirement date, age 65; or (B) ½. (ii) However, the non-line-of-duty disability benefit provided for by this subsection may not be greater than the early retirement benefit a member would be entitled to receive at age 60, as if he or she remained employed until that time, and based upon the assumption that there would be no change in his or her average final compensation. (5) On retirement on or after October 16, 1992, the Class C member is entitled to receive a pension equal to the greater of: (i) the member’s accrued service retirement benefit, calculated as provided in subsection (e)(6)(ii) of this section; or (ii) 15% of the member’s average final compensation. (6) (i) Effective with the date beginning 5 years prior to the date of the member’s retirement on non-line-of-duty disability, the full amount of any past or future benefit or payment that may be paid or payable by the City of Baltimore under any Workers’ Compensation or similar law for any permanent disability, whether partial or total, or for death shall be offset from any non-line-of-duty disability retirement benefit payable by the City on or before March 31, 2001. The benefits under the Workers’ Compensation or similar law shall be offset dollar-for-dollar, pro tanto, from the benefits otherwise payable from funds provided by the City under this subtitle, and the benefits so reduced shall be payable under this subtitle. (ii) Workers’ Compensation benefits shall be offset against non-line-of-duty disability benefits paid on or after April 1, 2001, in accordance with subsection (o-4) of this section. (j) (1) A Class C member is entitled to retire on a line-of-duty disability retirement if a hearing examiner determines that: (i) the member is permanently incapacitated from the further performance of the duties of his or her City job classification due to 1 or more of the impairments described in paragraph (5) of this subsection; and (ii) the member’s impairment: (A) is, independent of all other causes and independent of any preexisting physical or medical conditions, whether job-related or otherwise, the direct result of bodily injury arising through an accident; and (B) the accident occurred: 1. while the member was in the actual performance of his or her City duties at some definite time and place; and 2. without willful negligence on the member’s part. (2) To retire under this subsection, the member must: (i) complete the appropriate application, in the form and containing the information required by subsection (p)(4) of this section; and (ii) submit the application to the Board: (A) no later than 1 year following the member’s last day of City employment; and (B) within 5 years of the date of the accident resulting in the member’s impairment. (3) A line-of-duty disability retirement takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of City employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of the month immediately following the 30th day after the date on which the Board received a completed application. (4) (i) On retirement, the Class C member is entitled to receive a pension equal to 66⅔% of the member’s average final compensation. (ii) If a Class C member is not eligible for line-of-duty disability benefits solely because the degree of impairment does not meet the conditions of paragraph (5) of this subsection, a non-line-of-duty benefit will be paid under subsection (i) of this section, regardless of the member’s years of service, as long as the member otherwise qualifies for non-line-of-duty disability retirement under that subsection. (5) (i) The award of a line-of-duty disability retirement benefit on or before March 31, 2001, requires: (A) a 75% or more anatomical loss of the use of any 1 of the impaired items listed in subparagraph (iii) of this paragraph; or (B) a 50% or more anatomical loss of the use of each of 2 or more of the impaired items listed in subparagraph (iii) of this paragraph. (ii) The award of a line-of-duty disability retirement benefit on or after April 1, 2001, requires: (A) a 50% or more anatomical loss of the use of any 1 of the impaired items listed in subparagraph (iii) of this paragraph; or (B) a 25% or more anatomical loss of the use of each of 2 or more of the impaired items listed in subparagraph (iii) of this paragraph. (iii) The schedule of impaired items is as follows: (1) speech (2) sight (3) neck (4) back (5) vital bodily organ (6) a part of the central nervous system (7) arm (8) leg (9) shoulder (10) hearing (11) mental incapacitation for which a member has been granted a disability benefit under the federal Social Security System. (6) (i) Effective with the date beginning 5 years prior to the date of the accident that qualified the member for line-of-duty disability retirement benefits under this section, the full amount of any past or future benefit or payment that may be paid or payable by the City of Baltimore under any Workers’ Compensation or similar law for any permanent disability, whether partial or total, or for death shall be offset from any line-of-duty disability retirement benefit payable by the City on or before March 31, 2001. The benefits under the Workers’ Compensation or similar law shall be offset dollar-for-dollar, pro tanto, from the benefits otherwise payable from funds provided by the City under this subtitle, and the benefits so reduced shall be payable under this subtitle. (ii) Workers’ Compensation benefits shall be offset against line-of-duty disability benefits paid on or after April 1, 2001, in accordance with subsection (o-4) of this section. (k) (1) A Class C member is entitled to retire on a dismemberment disability retirement if a hearing examiner determines that: (i) the member sustained any 1 of the losses listed in paragraph (5) of this subsection; (ii) the member sustained the loss, independent of all other causes, as the direct result of bodily injury arising through an accident; and (iii) the accident occurred: (A) while the member was in the actual performance of his or her City duties at some definite time and place; (B) without willful negligence on the member’s part; and (C) not more than 180 days before the loss was sustained. (2) To retire under this subsection, the member must: (i) complete the appropriate application, in the form and containing the information required by subsection (p)(4) of this section; and (ii) submit the application to the Board: (A) no later than 1 year following the member’s last day of City employment; and (B) within 5 years of the date of the accident resulting in the member’s loss. (3) A dismemberment disability retirement takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of City employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of the month immediately following the 30th day after the date on which the Board received a completed application. (4) On retirement, the Class C member is entitled to receive a pension equal to 100% of the member’s average final compensation. In no event, however, will more than 100% of average final compensation be paid for all losses sustained by a member as the result of any one accident. (5) (i) Both hands or both feet (ii) 1 hand and 1 foot (iii) 1 hand and sight of 1 eye (iv) 1 foot and sight of 1 eye (v) Sight of both eyes (6) (i) With respect to hands or feet, “loss” means dismemberment by severance at or above the wrist or ankle joint. (ii) With respect to “sight of 1 eye”, loss means central visual acuity of 20/200 or less in 1 eye with the use of correcting lenses, or visual acuity of greater than 20/200 if accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. (iii) With respect to“sight of both eyes”, loss means central acuity of 20/200 or less in the better eye with the use of correcting lenses, or visual acuity greater than 20/200 if accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. (7) (i) Effective with the date beginning 5 years prior to the date of the accident that qualified the member for dismemberment disability retirement benefits under this section, the full amount of any past or future benefit or payment that may be paid or payable by the City of Baltimore under any Workers’ Compensation or similar law for any permanent disability, whether partial or total, or death shall be offset from any dismemberment disability retirement benefit payable by the City on or before March 31, 2001. The benefits under the Workers’ Compensation or similar law shall be offset dollar-for-dollar, pro tanto, from the benefits otherwise payable from funds provided by the City under this subtitle, and the benefits so reduced shall be payable under this subtitle. (ii) Workers’ Compensation benefits shall be offset against dismemberment disability benefits paid on or after April 1, 2001, in accordance with subsection (o-4) of this section. (l) (1) (i) This paragraph (1) applies to any Class C member who terminates City employment: (A) before attaining age 55 and after acquiring 10 years of service; or (B) after attaining age 55 and acquiring 5 years of service, but without having elected an immediate early retirement benefit under subsection (f) of this section. (ii) A member described in subparagraph (i) of this paragraph is entitled to receive, commencing on the 1st day of the month immediately following his or her 65th birthday, a deferred vested pension benefit calculated in accordance with the following rules: (A) The pension shall be calculated as provided in subsection (e)(6)(ii) of this section based on the member’s average final compensation and years of service (and fractions of years of service) as of the date the member terminated employment. (B) The member may elect to have payment of this benefit commence at any time after the member has attained age 55 and before the 1st day of the month immediately following the member’s 65th birthday. If the member does so: 1. the benefit shall be actuarially reduced in accordance with the same rules applicable to early retirement benefits under subsection (f)(2) of this section; and 2. if the member dies before the deferred vested benefit commences, then no benefits are payable except for the return of the member’s accumulated contributions, if any. (2) (i) This paragraph (2) applies to any Class C member who, before attaining age 55 and after acquiring 5 years of service, satisfies the conditions set forth in subsection (f)(3)(i)(A) of this section. (ii) A member described in subparagraph (i) of this paragraph (2) is entitled to receive, commencing on the 1st day of the month immediately following his or her 65th birthday, a deferred vested pension benefit calculated in accordance with sub-subparagraphs (A) and (B) of paragraph (1)(ii) of this subsection. (m) (1) (i) A Class C member who is eligible to receive a retirement benefit under this subtitle is entitled to receive, without actuarial modification, the full benefit for which she or he is qualified, payable in periodic payments during the retired member’s lifetime (the “maximum retirement allowance”). (ii) As of the 1st day of the month immediately after the death of a retired member who is receiving this maximum retirement allowance, the following beneficiaries are entitled to receive periodic payments in an amount equal to 40% of the periodic payment that the retired member was receiving at the time of her or his death: (A) if the retired member is survived by a spouse to whom the retired member was married for at least 1 year immediately before the member’s retirement date, the benefit shall be paid to the surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or (B) if there is no qualifying surviving spouse or if the surviving spouse remarries before age 70 or dies, then the benefit shall be paid to the surviving spouse’s minor children, in equal shares, to continue until the children are no longer minors, as defined in § 1(5) of this article. (iii) For purposes of subparagraph (ii)(B) of this paragraph, when a retired member’s child is no longer a minor and consequently ceases to receive benefits, each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the youngest child is no longer a minor. (iv) If a retired member who is receiving the maximum retirement allowance dies before the member has received benefit payments in a sum equal to the amount of his or her accumulated contributions at the time of retirement, and if there is no surviving spouse or minor child entitled to receive benefits on the member’s death, the difference between the amount of the deceased member’s accumulated contributions and the sum of the benefit payments shall be paid in the form of a lump-sum cash payment as follows: (A) to the deceased member’s designated beneficiary; or (B) if no beneficiary has been designated or if the designated beneficiary predeceases the retired member, to the deceased member’s estate. (2) (i) (A) Instead of the maximum retirement allowance provided for in paragraph (1) of this subsection, a Class C member who is entitled to receive a retirement benefit from this System may elect to receive the benefit in the form of 1 of the options set forth in subparagraphs (ii) through (v) of this paragraph. (B) A member who elects to receive 1 of these options will receive his or her benefit in the form of periodic payments during her or his lifetime. (C) The member’s benefit shall be in an amount that, when combined with the corresponding survivorship benefit under the option elected, will equal the actuarial equivalent of the retired member’s maximum retirement allowance, computed as of his or her retirement date. (ii) (A) As soon as administratively practicable after the death of a retired member who elected this reserve guarantee option, the balance of the present value of the retired member’s benefit at retirement, after deducting the total amount of periodic payments received by the retired member during his or her lifetime, shall be paid in the form of a lump-sum cash payment as follows: 1. to the retired member’s designated beneficiary; or 2. if no beneficiary has been designated or if the designated beneficiary predeceases the retired member, to the retired member’s estate. (B) A member who elects this option may change his or her designated beneficiary at any time throughout the member’s retirement. (iii) (A) As of the 1st day of the month immediately after the death of a retired member who elected this joint-and-survivor option, the member’s designated beneficiary is entitled to receive periodic payments during the beneficiary’s lifetime in either of the following amounts, as elected by the member: 1. 100% of the periodic payment that the retired member was receiving at the time of his or her death; or 2. 50% of the periodic payment that the retired member was receiving at the time of his or her death. (B) A member who elects this option may change her or his designated beneficiary within 30 days after the member’s retirement date. (C) If the designated beneficiary predeceases the retired member within 30 days after the retirement date, the retired member may designate a new beneficiary within 30 days of the designated beneficiary’s death. (D) If the designated beneficiary predeceases the retired member within 30 days after the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date: 1. the retired member continues during his or her lifetime to receive periodic payments in the same amount that the member has been receiving; 2. no other beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable. (iv) (A) As of the 1st day of the month immediately after the death of a retired member who elected this “pop-up” joint-and-survivor option, the member’s designated beneficiary is entitled to receive periodic payments during the beneficiary’s lifetime in either of the following amounts, as elected by the member: 1. 100% of the periodic payment that the retired member was receiving at the time of his or her death; or 2. 50% of the periodic payment that the retired member was receiving at the time of his or her death. (B) A member who elects this option may change her or his designated beneficiary within 30 days after the member’s retirement date. (C) If the designated beneficiary predeceases the retired member within 30 days after the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death. (D) If the designated beneficiary predeceases the retired member within 30 days after the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date: 1. the retired member commences, as of the 1st day of the month immediately following the designated beneficiary’s death, to receive the maximum retirement allowance, payable in periodic payments during the retired member’s lifetime; 2. no other beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable, whether under this option or the maximum retirement allowance. (v) (A) Subject to the approval required by sub-subparagraph (B) of this subparagraph, on the death of a retired member who elected this specific benefit option, the member’s designated beneficiary is entitled to receive the following, as elected by the member before the member’s retirement date: 1. a specific lump-sum cash payment, payable as soon as administratively practicable after the retired member’s death; or 2. a specific periodic benefit, payable to the designated beneficiary during his or her lifetime, effective as of the 1st day of the month immediately after the retired member’s death. (B) This benefit option must be approved, at the time of the member’s retirement, by the Board of Trustees pursuant to the recommendation of this System’s actuary. (C) A member who elects this option may change her or his designated beneficiary within 30 days after the member’s retirement date. (D) If the designated beneficiary predeceases the retired member within 30 days after the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death. (E) If the designated beneficiary predeceases the retired member within 30 days after the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day after the retirement date: 1. the retired member continues during his or her lifetime to receive periodic payments in the same amount that the member has been receiving; 2. no other beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable. (3) (i) A retired member may elect to make the changes authorized in this paragraph on or before the later of: (A) the 30th day after the retired member’s retirement date; or (B) if the retired member’s designated beneficiary predeceases the retired member within 30 days after the retirement date, the 30th day after the designated beneficiary’s death. (ii) Within the periods specified, the retired member may elect to change: (A) the retired member’s maximum retirement allowance under paragraph (1) of this subsection to any one of the benefit options under paragraph (2) of this subsection; (B) the retired member’s election of a benefit option under paragraph (2) of this subsection to the maximum retirement allowance under paragraph (1) of this subsection; or (C) the retired member’s election of a benefit option under paragraph (2) of this subsection to any other benefit option under paragraph (2) of this subsection. (iii) Any payments made to a retired member under the original election shall be taken into account in computing the benefit to be paid under the subsequent election. (4) (5) (i) A Class C member who terminates City employment may elect to receive the present value of the member’s total pension benefit, in a lump-sum cash payment, if: (A) the member is entitled to a service retirement benefit under subsection (d-2)(1) of this section; and (B) the present value of the total pension benefit is no more than the greater of: 1. $12,500; or 2. an amount that is calculated by this System’s actuary to reflect any increases in the average salary of active members and that is approved by the Board of Trustees. (ii) A member who receives a lump-sum cash payment under this paragraph ceases to be entitled to any other benefits from this System. (iii) If a Class C member is entitled to receive both a service retirement benefit under subsection (d-2)(1) of this section and a disability retirement benefit under subsections (i), (j), or (k) of this section, the member may waive his or her rights to the disability benefit and elect to receive a lump-sum cash payment under this paragraph. (iv) The present value of the benefit payable under this paragraph shall be calculated as of the date the member terminates City employment, using actuarial assumptions as of that date approved by the Board of Trustees pursuant to the recommendation of this System’s actuary. (6) (7) (i) (A) If a Class C member terminates employment with the City for more than 30 consecutive days, other than by reason of death, before becoming eligible for a retirement benefit or a deferred vested pension benefit under this section, the member may elect to receive the value of his or her accumulated contributions (with regular interest credited through the date of termination), payable in the form of a lump-sum cash payment. (B) Notwithstanding sub-subparagraph (A) of this subparagraph, if the value of a terminating member’s accumulated contributions (with regular interest credited through the date of termination) is $1,000 or less and the member does not elect to have the accumulated contributions paid in a direct rollover, the accumulated contributions will be paid directly to the member in a lump-sum cash payment as soon as administratively practicable following the expiration of the time period for making a direct rollover election. (ii) If a Class C member dies while actively employed, his or her accumulated contributions will be used to fund a periodic death benefit payable to the member’s beneficiary under subsections (o-1) or (o-2) of this section or will be paid to the member’s beneficiary if the beneficiary is entitled to receive a lump-sum death benefit under subsections (o-1) or (o-2) of this section. (n) (1) (i) If a Class C member terminates City employment on or after July 1, 1979, after becoming eligible for a retirement benefit or a deferred vested pension benefit under this section, and is subsequently reemployed as an employee on or before June 30, 2014, the employee: (A) must, as of his or her reemployment with the City, cease or postpone receiving any retirement benefits from this System; and (B) immediately on reemployment: 1. will again become a Class C member; and 2. will be credited with his or her prior Class C service. (ii) The status of a Class C member who terminates City employment on or after July 1, 1979, after becoming eligible for a retirement benefit or a deferred vested pension benefit under this section, and who is subsequently reemployed as an employee on or after July 1, 2014, is determined in accordance with § 9.2(l)(2)(i) and (ii) of this article. (2) (i) A Class C member who terminates City employment for more than 30 consecutive days on or after July 1, 1979, before becoming eligible for a retirement benefit or a deferred vested pension benefit under this section, and who is subsequently reemployed as an employee on or before June 30, 2014, and before the expiration of a time period equal to the parity time period defined in § 1(28) of this article: (A) will again, on the 1st annual anniversary of his or her reemployment, become a Class C member; and (B) immediately on reemployment, will be credited with his or her prior Class C service. (ii) The status of a Class C member who terminates City employment on or after July 1, 1979, before becoming eligible for a retirement benefit or a deferred vested pension benefit under this section, and who is subsequently reemployed as an employee on or after July 1, 2014, is determined in accordance with § 9.2(l)(2)(iii)-(vi) of this article. (3) A Class A or Class B member who terminates City employment for more than 30 consecutive days and who is subsequently reemployed as an employee on or after July 1, 1979, and before the expiration of a time period equal to the parity time period defined in § 1(28) of this article: (i) will, on the 1st annual anniversary of his or her reemployment, become a Class C member; and (ii) immediately on reemployment, will be credited with his or her prior Class A or Class B service credit and the service credit he or she would have been eligible to receive on reemployment, whether by purchase or repurchase or by transfer of applicable funds, had he or she continued his or her previous City employment and Class A or Class B membership. (o-1) (1) This subsection (o-1) applies to a member who dies while actively employed, but whose death does not qualify under subsection (o-2) as a line-of-duty death benefit. (2) (i) In this paragraph, “beneficiary” means the member’s designated beneficiary or surviving spouse, children, or parents, as qualified and prioritized under subparagraph (v)(A)-(D) of this paragraph. (ii) The beneficiary is entitled to a lump-sum benefit under this paragraph only if: (A) the member had acquired 1 or more years of service; and (B) no benefits are paid under paragraphs (3) or (4) of this subsection. (iii) To receive this benefit, the beneficiary must: (A) complete the appropriate application in the form and containing the information, including proof of death, that the Board requires; and (B) submit the application to the Board on or before the 60th day after the Board has provided a post-death notice of this benefit to the beneficiary. (iv) The lump-sum amount shall equal: (A) any accumulated contributions of the deceased member; and (B) 50% of the greater of the member’s current annual compensation or the member’s average final compensation on the date of the member’s death. (v) The lump-sum amount shall be paid as follows: (A) to the member’s designated beneficiary; (B) if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse; (C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; (D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and (E) otherwise, to the member’s estate. (3) (i) (A) In this paragraph, the following terms have the meanings indicated. (B) “Beneficiary” means the member’s surviving spouse or parents, as qualified and prioritized under subparagraph (v) of this paragraph. (C) “Surviving spouse” means a surviving spouse to whom the member was married for at least 5 years immediately before the date of the member’s death. (ii) The beneficiary is entitled to a 100% survivorship death benefit only if the member would have been eligible for a normal service or early service retirement benefit before his or her death or within 90 days after the date of his or her death. (iii) To receive this benefit, the beneficiary must: (A) complete the appropriate application in the form and containing the information, including proof of death, that the Board requires; and (B) submit the application to the Board on or before the 60th day after the Board has provided a post-death notice of this benefit to the beneficiary. (iv) The benefit shall be equal to that which would have been paid to a surviving beneficiary under the joint-and-survivor 100% benefit option provided for in subsection (m)(2)(iii)(A)1. of this section had the member elected that option, designated that beneficiary, and retired as of the date of death. (v) (A) The benefit shall be paid as follows: 1. to the member’s designated beneficiary, to continue during his or her lifetime, if that designated beneficiary is: A. the member’s surviving spouse; or B. one of the member’s surviving parents; or 2. if the designated beneficiary is not one of the persons listed in item 1. of this sub-subparagraph and that beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for his or her lifetime. (B) If a member designates a beneficiary other than one of the persons listed in sub-subparagraph (A)1. of this subparagraph, and if that beneficiary does not predecease the member, the benefit provided by this paragraph is not payable. (vi) The benefit provided by this paragraph is in place of all benefits provided under paragraphs (2) and (4) of this subsection. (4) (i) (A) In this paragraph, the following terms have the meanings indicated. (B) “Beneficiary” means the member’s surviving spouse or minor children, as qualified and prioritized under subparagraph (v) of this paragraph. (C) “Surviving spouse” means a surviving spouse to whom the member was married for at least 1 year immediately before the date of the member’s death. (ii) Effective April 1, 2001, the beneficiary is entitled to a 40% survivorship death benefit only if the member had at least 20 years of service as of the date of his or her death. (iii) To receive this benefit, the beneficiary must: (A) complete the appropriate application in the form and containing the information, including proof of death, that the Board requires; and (B) submit the application to the Board on or before the 60th day after the Board has provided a post-death notice of this benefit to the beneficiary. (iv) (A) The benefit shall be equal to 40% of the member’s accrued service retirement benefit, calculated as provided in subsection (e)(6)(ii) of this section based on the member’s average final compensation and years of service (and fractions of those years) as of the date of the member’s death. (B) The calculation required by sub-subparagraph (A) of this subparagraph shall be made with the assumption that the member had attained age 65 as of the date of his or her death. Accordingly, the reduction described in subsection (f)(2) of this section does not apply. (v) (A) The benefit shall be paid as follows: 1. to the member’s designated beneficiary, if that designated beneficiary is: A. the member’s surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or B. the member’s minor children, to be paid to each child, in equal shares, until that child is no longer a minor, as defined in § 1(5) of this article; 2. if the designated beneficiary is not one of the persons listed in item 1. of this sub-subparagraph and that beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or 3. if there is no qualifying surviving spouse under item 1. or 2. of this sub-subparagraph, or if the surviving spouse remarries before age 70 or dies, then to the member’s minor children, to be paid to each child in equal shares until that child is no longer a minor, as defined in § 1(5) of this article. (B) If a member designates a beneficiary other than one of the persons listed in sub-subparagraph (A)1. of this subparagraph, and if that beneficiary does not predecease the member, the benefit provided by this paragraph is not payable. (vi) For purposes of this paragraph, when a member’s child is no longer a minor and, consequently, ceases to receive benefits under this paragraph, each remaining minor child shall then begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor. (vii) The benefit provided by this paragraph is in place of all benefits provided under paragraphs (2) and (3) of this subsection. (viii) For purposes of this paragraph, the deceased member’s 1st year of employment: (A) is included in computing the minimum 20 years of service credit needed to be eligible to receive this death benefit; but (B) may not be counted as service credit for purpose of calculating the amount of the death benefit, unless purchased as service credit in accordance with subsection (c)(3) of this section. (5) The amounts that would have been paid under this subsection, excluding accumulated contributions, forever remain assets of this System if: (i) a member dies without designating a beneficiary; (ii) that member has no beneficiaries, as enumerated in paragraphs 2(v), 3(v), and 4(v) of this subsection; and (iii) no estate for that member is opened within 2 years of the member’s death. (6) (i) Except as specified in subparagraph (B), this paragraph applies to: A. a retired member who: 1. has been granted a service or disability retirement allowance; and 2. dies within 30 days of his or her retirement date; or B. a retired member who: 1. retires before reaching age 65; 2. when applying for retirement, elects to postpone receipt of his or her retirement allowance until age 65; and 3. dies within 30 days after reaching age 65. (ii) This paragraph does not apply to a former member who terminates employment before reaching age 65 without immediate entitlement to retirement benefits. (iii) A retired member or vested former member described in subparagraph (i) of this paragraph (6) is deemed to have died while still employed by the City and, instead of any other service or disability benefits under this System , a non-line-of-duty death benefit will be paid as if he or she died during active service. (iv) Any pension benefits paid by this System and received by the retired member or former member before he or she died shall be offset against the death benefits payable under this paragraph. (o-2) (1) In this subsection, “beneficiary” means the member’s designated beneficiary or surviving spouse, children, or parents, as qualified and prioritized under paragraph (4)(i)(A)-(D) or paragraph (4)(ii) of this subsection, as the case may be. (2) This subsection applies only: (i) to an individual who dies while a member of this System; and (ii) if a hearing examiner determines that: (A) the member’s death was, independent of all other causes and independent of any preexisting physical or medical conditions, whether job-related or otherwise, the direct result of bodily injury arising through an accident; and (B) the accident occurred: 1. while the member was in the actual performance of his or her City duties at some definite time and place; and 2. without willful negligence on the member’s part. (3) To receive this benefit, the beneficiary must: (i) complete the appropriate application in the form and containing the information required by subsection (p)(6) of this section; and (ii) submit the application to the Board on or before the 60th day after the Board has provided a post-death notice of this benefit to the beneficiary. (4) On an award by the hearing examiner, the Board of Trustees shall pay: (i) any accumulated contributions of the deceased member to: (A) the member’s designated beneficiary; (B) if there is no designated beneficiary, or if the designated beneficiary predeceases the member, to the member’s surviving spouse; (C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; (D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and (E) otherwise, to the member’s estate; and (ii) a pension of 100% of the member’s current compensation to: (A) the member’s surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70, unless the member has designated his or her children as beneficiaries; (B) the member’s minor children, to be paid to each child, in equal shares, until that child is no longer a minor, as defined in § 1(5) of this article, if: 1. the member designated his or her children as beneficiaries; 2. there is no surviving spouse on the date of the member’s death; or 3. the surviving spouse, after having received benefits payments under sub-item (A) of this item (ii), has remarried before age 70 or has died; or (C) the member’s surviving parents in equal shares, to continue during their lifetimes, if: 1. the member has not designated his or her children as beneficiaries; 2. there is no surviving spouse on the date of the member’s death; and 3. the member has no minor children at the date of his or her death. (5) (i) For purposes of paragraph (4) of this subsection, when a member’s child is no longer a minor and, consequently, ceases to receive a benefit under that paragraph, each remaining minor child shall then begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor. (ii) For purposes of paragraph (4) of this subsection, if a member’s line-of-duty death benefit is paid to both of the member’s surviving parents and one parent dies, the remaining parent shall then begin to receive, in addition to his or her existing benefit, the benefit formerly paid to the deceased parent. (6) If no beneficiary is eligible for a line-of-duty death benefit under this subsection, a non-line-of-duty death benefit will be paid under either subsections (o-1)(2), (o-1)(3), or (o-1)(4) of this section as long as the member’s beneficiary qualifies for a non-line-of-duty death benefit under 1 of those subsections. (7) The amounts that would have been paid under this subsection, excluding accumulated contributions, forever remain assets of this System if: (i) a member dies without designating a beneficiary; (ii) that member has no beneficiaries, as enumerated in paragraph (4) of this subsection; and (iii) no estate for that member is opened within 2 years of the member’s death. (o-3) Effective with the date beginning 5 years prior to the date of death of the member, the full amount of any past or future benefit or payment that may be paid or payable by the City of Baltimore under any Workers’ Compensation or similar law for any permanent disability, whether partial or total, or for death shall be offset against and payable in lieu of any disability, dismemberment, or death benefits payable on or before March 31, 2001, out of funds provided by the City under this subtitle. The benefits under the Workers’ Compensation or similar law shall be offset dollar-for-dollar, pro tanto, from the benefits otherwise payable from funds provided by the City under this subtitle, and the benefits so reduced shall be payable under this subtitle. (o-4) (1) This subsection applies to a member or beneficiaries of a member: (i) the payment of whose retirement benefit commences on or after April 1, 2001, either: A. on account of a non-line-of-duty disability under subsection (i), B. On account of a line-of-duty disability under subsection (j), or C. on account of a dismemberment disability under subsection (k); or (ii) who dies on or after April 1, 2001, and is awarded either: A. a non-line-of-duty death benefit under subsection (o-1), or B. a line-of-duty death benefit under subsection (o-2). (2) The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award paid or payable by the City against any disability or death benefits paid or payable by the System to a member or a member’s beneficiaries, if: (i) the member or any beneficiary of a member was awarded Workers’ Compensation benefits under the State’s Workers’ Compensation Law to be paid or payable by the City; (ii) the Workers’ Compensation award was for permanent partial or permanent total disability or for death; (iii) the Workers’ Compensation award was awarded on account of the same disability or death that resulted in the System’s payment of disability or death benefits; and (iv) the Workers’ Compensation award was awarded by the Workers’ Compensation Commission no more than 5 years before: A. the effective date of the member’s retirement on account of non-line-of-duty disability, B. the date of the accident qualifying the member for line-of-duty disability or dismemberment benefits, or C. the date of the member’s death qualifying the member’s beneficiaries to receive a System death benefit. (3) The amount of Workers’ Compensation benefits to be offset does not include amounts allocated for the payment of legal fees, medical expenses, or other payments authorized by the Workers’ Compensation Commission to be made directly to third parties and not to the member or the member’s beneficiary. (4) (i) A. The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), against any lump-sum disability, dismemberment, or death benefits paid or payable by the System to a member or a member’s beneficiaries in the following manner. B. The offset shall be made on a non-actuarial, dollar-for-dollar basis against any lump-sum benefit until the total amount of the Workers’ Compensation benefits has been recovered. C. If the amount of the Workers’ Compensation benefits exceeds the lump-sum disability, dismemberment, or death benefit, then no disability, dismemberment, or death benefit may be paid, except for the return of the member’s accumulated contributions, if any. (ii) A. The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), against any periodic disability, dismemberment, or death benefits paid or payable by the System to a member or a member’s beneficiaries in the following manner. B. This offset shall be calculated on an actuarial basis by annuitizing the member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), and reducing the member’s periodic disability, dismemberment, or death benefit by the annuitized amount until the total amount of the Workers’ Compensation benefits have been recovered. C. The actuarial amount shall be calculated using an actuarial method and appropriate annuity factors recommended by the System’s actuary and approved by the Board of Trustees. D. If the annuitized amount of the Workers’ Compensation benefits exceeds the System’s periodic disability, dismemberment, or death benefit payment, then no disability, dismemberment, or death benefit may be paid, except for the return of the member’s accumulated contributions, if any. (5) (i) On recovering the full amount of the member’s Workers’ Compensation benefits, the reduced disability, dismemberment, or death benefits payable to the member or the member’s beneficiaries shall be restored to the unreduced amount of the disability, dismemberment, or death benefits payable to the member or beneficiaries prior to the offset for Workers’ Compensation. (ii) The amount by which a reduced disability, dismemberment, or death benefit is restored under subparagraph (i) does not include any post-retirement increases that the member or the member’s beneficiaries would have been eligible to receive had the member’s disability, dismemberment, or death benefits not been reduced. (6) (i) The Board of Trustees shall implement the method of offset described in paragraph (4) of this subsection (o-4) for any member or beneficiary of a member: A. whose disability, dismemberment, or death benefits were reduced by Workers’ Compensation benefits on or before March 31, 2001; and B. whose Workers’ Compensation benefits were not fully recovered as of April 1, 2001. (ii) For members or beneficiaries whose disability, dismemberment, or death benefits have been offset on account of Workers’ Compensation benefits on or before March 31, 2001, and whose Workers’ Compensation benefits are found to have been recovered under the method described in paragraph (4), all Workers’ Compensation offsets shall be terminated. (p) (1) There is a panel of hearing examiners, to be composed of persons with a demonstrated knowledge and competence in disability claims evaluation. (2) (i) The hearing examiners shall be appointed on a contract basis by the Board of Estimates. (ii) The Board of Estimates may determine, in its sole discretion: (A) the number and composition of the panel; and (B) the fees and other conditions of the hearing examiners’ contracts. (iii) Whenever a vacancy occurs on the panel, the Board of Trustees has the right to submit to the Board of Estimates a list of recommended candidates to fill the vacancy. (iv) In all events, however, the Board of Estimates may make its selection of hearing examiners without regard to the Board of Trustees’ recommendations. (3) The compensation of the panel members, the compensation of all persons engaged by the panel, and all other expenses of the panel shall be paid at the rates and in the amounts that the Board of Estimates approves. (4) (i) A person who seeks a non-line-of-duty disability benefit, a line-of-duty disability benefit, or a dismemberment disability benefit must first apply to the Board of Trustees. (ii) The application must include, in the form that the Board prescribes: (A) a medical certification of disability; (B) all supporting medical documentation; (C) a consent form that authorizes the Board to obtain all medical records pertaining to any accidents or illnesses that the member might have suffered at any time in the past; and (D) a statement in which the member: 1. states that he or she has suffered a disability; 2. states that the disability prevents him or her from further performance of the duties of his or her job classification; 3. states that the incapacity is likely to be permanent; and 4. states, in the manner and detail that the Board requires, the relevant facts and circumstances under which the member claims to be eligible for the applicable benefit. (5) (i) On receipt of a completed application and required supporting documentation, the Board of Trustees shall have the member medically examined by a physician selected by the Board. (ii) The examination shall include whatever tests and additional examinations the physician finds necessary or appropriate. (iii) Upon completion of the examination, the physician shall submit a written report to the Board of Trustees. (6) (i) A person who seeks a line-of-duty death benefit, must first apply to the Board of Trustees. (ii) The application must include, in the form that the Board prescribes: (A) a consent form that authorizes the Board to obtain all medical records pertaining to the member’s death and to any accidents or illnesses that the member might have suffered at any time in the past; and (B) a statement in which the claimant: 1. states that the member suffered a line-of-duty death; and 2. describes, in the manner and detail that the Board requires, the relevant facts and circumstances under which the member’s death occurred. (7) A hearing examiner shall conduct hearings on all matters involving non-line-of-duty disability claims, dismemberment disability claims, line-of-duty disability claims, line-of-duty death benefit claims, and any related matters arising out of these claims. (8) (i) Each hearing is in the nature of an adversary proceeding. (ii) 1 hearing examiner from the panel shall hear a particular claim for benefits. (iii) The hearing examiner shall conduct the hearing: (A) in an informal manner; (B) with sufficient latitude to provide a fair and impartial hearing to all of the parties; and (C) without requiring strict compliance with the rules of evidence. (iv) Testimony at the hearing shall be under oath and recorded. (v) The hearing examiner has the power to subpoena and require the attendance of witnesses and the production of papers and documents to secure information pertinent to the hearing, and to examine them. (9) At the hearing: (i) the Board of Trustees shall be represented by an attorney from the City Solicitor’s Office or from the System’s Office of Legal Affairs; and (ii) the member has the right to counsel of his or her own choosing. (10) (i) At the hearing on a claim for a disability benefit, the member has the burden of proving, by a preponderance of the evidence: (A) the nature and extent of her or his disability; (B) that the disability prevents her or him from the further performance of the duties of her or his job classification; and (C) that, under the relevant facts and circumstances, she or he otherwise meets all of the eligibility requirements to qualify for the applicable benefit. (ii) At the hearing on a claim for a line-of-duty death benefit, the applicant has the burden of proving, by a preponderance of the evidence: (A) that the member’s death occurred under facts and circumstances required to qualify for the benefit under the applicable provisions of this section; and (B) that the applicant otherwise meets all other requirements to qualify for the benefit. (11) (i) The hearing examiner shall: (A) make the determinations specified in this paragraph; and (B) issue written findings of fact that set forth the reasons for his or her determination. (ii) (A) If the claim is for non-line-of-duty disability benefits under this System, the hearing examiner shall determine whether the member’s disability qualifies under subsection (i) of this section. (B) If the claim is for non-line-of-duty disability benefits under the Elected Officials’ Retirement System, the hearing examiner shall determine whether the member’s disability qualifies under § 22(b) of this article. (iii) If the claim is for dismemberment disability benefits, the hearing examiner shall determine whether the member’s disability qualifies under subsection (k) of this section. (iv) (A) If the claim is for line-of-duty disability benefits under this System, the hearing examiner shall determine whether the member’s disability qualifies under subsection (j) of this section. (B) If the claim is for line-of-duty disability benefits under the Elected Officials’ Retirement System, the hearing examiner shall determine whether the member’s disability qualifies under § 22(c) of this article. (v) (A) If the claim is for line-of-duty death benefits under this System, the hearing examiner shall determine whether the member’s death qualifies under subsection (o-2) of this section. (B) If the claim is for line-of-duty death benefits under the Elected Officials’ Retirement System, the hearing examiner shall determine whether the member’s death qualifies under § 22(g) of this article. (12) (i) If either party to the hearing is aggrieved by the hearing examiner’s determination, that party may seek judicial review of that determination by petition to the Circuit Court for Baltimore City. (ii) The review shall be sought and heard as provided in the Maryland Rules of Procedure, except that the review shall be heard on the record only, on a right-of-way basis. (iii) The determination of the hearing examiner is presumptively correct and may not be disturbed on review unless it is arbitrary, illegal, capricious, or discriminatory. (iv) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. (v) Judicial review under this paragraph (12) does not stay or hold in abeyance any payment awarded by the hearing examiner. If a court reverses an award of benefits, the court’s decision operates to stop payment of any benefits being made to the claimant, pending any further appeal. (13) If neither party seeks judicial review within 30 days after mailing of the hearing examiner’s written finding of fact, the hearing examiner’s determination is final and binding. (q) Notwithstanding any other provision of this subtitle, no benefits are provided under this subtitle to the extent that they exceed the limitations applicable to governmental plans in Internal Revenue Code § 415 and the regulations adopted under it. (r) (1) Distributions under this subtitle shall be made in accordance with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9), as applicable to this System. This subsection is intended to comply with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9) to the extent applicable to this System, and may not be interpreted to impose any requirements on this System or on any member or beneficiary of this System beyond those required to comply with a reasonable good faith interpretation of § 401(a)(9). This subsection only specifies the latest permissible time by which distributions must begin and the longest permissible period over which distributions may be made, and in no way precludes any earlier commencement or more rapid distribution provided for in this subtitle. (2) Distribution of a member’s retirement benefit shall begin no later than the April 1 following the calendar year during which the member both has reached age 70½ and has terminated employment with the City. Distribution shall be made over a period not extending beyond the life of the member or the joint lives of the member and his or her beneficiary. (3) If a member dies before distribution of his or her retirement benefit begins, the member’s entire benefit shall be distributed within 5 years after death. This requirement is deemed satisfied by any distribution of the member’s benefit payable to his or her designated beneficiary over a period not extending beyond the life or life expectancy of the beneficiary, as long as those distributions begin no later than December 31 of the calendar year following the calendar year of the member’s death. However, if the designated beneficiary is the member’s surviving spouse, the date on which the distributions are required to begin is December 31 of the calendar year in which the member would have attained age 70½. This paragraph (3) does not apply if distribution of the member’s benefit began before his or her death and the remaining portion of the member’s benefit is distributed at least as rapidly as under the method of distribution being used at the date of the member’s death. Any amount paid to a child is treated as if it had been paid to a surviving spouse if that amount is paid to the surviving spouse when that child reaches the age of majority. (s) (1) The annual compensation of each member taken into account under this subtitle shall not exceed the federal Omnibus Budget Reconciliation Act of 1993 (“OBRA ’93") annual compensation limit. The OBRA ’93 annual compensation limit is $150,000, adjusted for cost of living increases under Internal Revenue Code § 401(a)(17)(B) and subject to the fresh start provisions set forth in paragraph (2) of this subsection. The cost of living adjustment in effect for a calendar year applies to any period not exceeding 12 months over which compensation is determined (the “determination period”) beginning in that calendar year. If a determination period consists of fewer than 12 months, the annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the short determination period and the denominator of which is 12. If compensation for any prior determination period is taken into account in determining a member’s retirement benefit in the current year, the compensation for that prior determination period is subject to the OBRA ’93 annual compensation limit for that prior determination period. For this purpose, for determination periods beginning before July 1, 1994, the OBRA ’93 annual compensation limit is $150,000. (2) (A) In this paragraph, “§ 401(a)(17) member” means any member on or after July 1, 1994, whose annual compensation for any year before 1994 exceeded $150,000. (B) This paragraph (2) applies to determine the retirement benefit of a § 401(a)(17) member. (C) The retirement benefit of a § 401(a)(17) member shall be the greater of (i) or (ii) below: (i) the member’s retirement benefit on June 30, 1994, determined as though the member terminated service with the City on that date, without regard to any amendments to this subtitle enacted after that date and taking into account annual compensation up to the applicable § 401(a)(17) limitation for each year before July 1, 1994; or (ii) the member’s retirement benefit, determined without regard to this paragraph (2). (t) (1) (A) In this subsection, the following terms have the meanings indicated: (B) (i) “Eligible rollover distribution” means any distribution of all or any portion of the balance to the credit of the distributee. (ii) “Eligible rollover distribution” does not include: 1. any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee’s designated beneficiary, or for a specified period of 10 years or more; 2. any distribution to the extent that it is required under Internal Revenue Code § 401(a)(9); and 3. the portion of any distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities. (iii) 1. A portion of a distribution does not fail to be an “eligible rollover distribution” merely because the portion consists of after-tax employee contributions that are not includible in gross income. 2. However, the portion may be transferred only to: i. an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (b); ii. for taxable years beginning after December 31, 2001, and before January 1, 2007, to a qualified trust that is part of a defined contribution plan that agrees to separately account for amounts so transferred, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or iii. for taxable years beginning after December 31, 2006, to a qualified trust or to an annuity contract described in Internal Revenue Code § 403(B), if the trust or contract provides for separate accounting for amounts so transferred (including interest on those amounts), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. (C) “Eligible retirement plan” means any of the following that accepts the distributee’s eligible rollover distribution: (i) an individual retirement account described in Internal Revenue Code § 408(a); (ii) an individual retirement annuity described in Internal Revenue Code § 408(b); (iii) an annuity plan described in Internal Revenue Code § 403(a); (iv) a qualified trust described in Internal Revenue Code § 401(a); (v) an annuity contract described in Internal Revenue Code § 403(b); (vi) an eligible plan described in Internal Revenue Code § 457(b), if it is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and it agrees to separately account for amounts transferred into that plan from this System; or (vii) for distributions made on or after January 1, 2008, a Roth IRA described in Internal Revenue Code § 408A, subject to the restrictions that apply to rollovers to a Roth IRA. (D) (i) “Distributee” means an employee or former employee. (ii) In addition, the employee’s or former employee’s surviving spouse and the employee’s or former employee’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Internal Revenue Code § 414(p), are “distributees” with regard to the interest of the spouse or former spouse. (iii) Effective July 1, 2010, a “distributee” also includes the employee’s or former employee’s nonspouse designated beneficiary. In the case of a nonspouse beneficiary, the direct rollover may be made only to an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (B) (“IRA”) that is established on behalf of the designated beneficiary and that will be treated as an inherited IRA under § 402(c)(11). (E) “Direct rollover” means a payment under this subtitle to the eligible retirement plan specified by the distributee. (2) Notwithstanding any provision of this subtitle that would otherwise limit a distributee’s election under this section, a distributee may elect, at the time and in the manner prescribed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (u) Notwithstanding any other provision of this subtitle, on the effective date of a termination or partial termination of this System, as determined under applicable Internal Revenue Service regulations and rulings, all affected members who are not already vested in their accrued benefits become immediately vested in those benefits, to the extent the benefits are funded. *History: Ord. 79-1055* *History: Ord. 81-552* *History: Ord. 84-114* *History: Ord. 85-494* *History: Ord. 85-504* *History: Ord. 86-663* *History: Ord. 786-067* *History: Ord. 87-988* *History: Ord. 87-1152* *History: Ord. 87-1156* *History: Ord. 88-005* *History: Ord. 89-275* *History: Ord. 90-557* *History: Ord. 91-725* *History: Ord. 91-777* *History: Ord. 91-829* *History: Ord. 92-086* *History: Ord. 93-163* *History: Ord. 93-250* *History: Ord. 93-263* *History: Ord. 95-525* *History: Ord. 95-632* *History: Ord. 96-006* *History: Ord. 96-051* *History: Ord. 97-168* *History: Ord. 98-290A* *History: Ord. 99-587* *History: Ord. 01-189* *History: Ord. 04-672* *History: Ord. 04-822* *History: Ord. 05-173* *History: Ord. 07-422* *History: Ord. 07-584* *History: Ord. 11-520* *History: Ord. 12-043* *History: Ord. 13-144* *History: Ord. 13-191* *History: Ord. 1620-459-488* *History: Ord. 16-503* *History: Ord. 16-576* *History: Ord. 20-459* *History: * #### § 9.1 Election between plans. Balt., Md., Code art. 22, § 9.1 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Class D member” means a Class D member of this System, as described in § 9.2 {“Class D membership”} of this subtitle. (3) “Hybrid member” has the meaning stated in City Code Article 22A {“Retirement Savings Plan”}, § 1-1 {“Definitions”}. (4) “Non-hybrid member” has the meaning stated in City Code Article 22A {“Retirement Savings Plan”}, § 1-1 {“Definitions”}. (5) “Retirement Savings Plan” means the Retirement Savings Plan of the City of Baltimore, as established by City Code Article 22A {“Retirement Savings Plan”}. (b) (1) (i) An employee who, on or after July 1, 2014, is initially employed or is reemployed under § 9.2(l)(2)(iv) or (vi) of this article must, within 150 days after the date on which his or her employment or reemployment began, file a plan-election form with the Board of Trustees of the Retirement Savings Plan. (ii) The status of an employee who, on or after July 1, 2014, transfers, without a break in employment, from a position with the City covered under another City retirement plan (as defined in § 9(a)(1) of this article) is determined in accordance with § 9(a)(2)(ii) of this article. (2) The form shall indicate whether the member elects to become: (i) both a Class D member of this System and a hybrid member of the Retirement Savings Plan; or (ii) a non-hybrid member of the Retirement Savings Plan. (3) During this 150-day period, the member may file a new form to modify or revoke any previous election. However, the final election becomes effective and irrevocable on the 150th day after the date of employment or reemployment. (4) If a member does not make a written election within 150 days, the member will automatically become both a Class D member of this System and a hybrid member of the Retirement Savings Plan. *History: Ord. 14-216* *History: Ord. 16-488* #### § 9.2 Class D membership. Balt., Md., Code art. 22, § 9.2 (2026) (a) (1) (i) In this section, the following terms have the meanings indicated. (ii) “Hybrid member”, “non-hybrid member”, and “Retirement Savings Plan” have the meanings stated in City Code Article 22A {“Retirement Savings Plan”}, § 1-1 {“Definitions”}. (iii) “Other City retirement plan” means: (A) the Fire and Police Employees’ Retirement System of the City of Baltimore; (B) the Elected Officials’ Retirement System of the City of Baltimore; or (C) the Retirement Savings Plan of the City of Baltimore. (2) An employee who, under § 9.1 of this subtitle, elects to become a Class D member of this System, will become a Class D member on the 1st annual anniversary of the date on which her or his employment or reemployment, as the case may be, began. (3) (i) Except as otherwise provided in subparagraph (ii) of this paragraph or in paragraph (4) of this subsection, a Class D member may not make contributions to, receive any pension or retirement income from, or accrue any service credit in any other City retirement plan while at the same time accruing service credit in this System. (ii) Subparagraph (i) of this paragraph does not apply to contributions made to or benefits received from the Retirement Savings Plan by a hybrid member of that Plan. (4) Notwithstanding paragraph (3) of this subsection, and pursuant to § 48 of this article, the following may become Class D members of this System and accrue service credit in this System while an employee covered by this System: (i) members of another City retirement plan who were eligible to begin receiving retirement benefits from that other plan but postponed receipt of those benefits after transferring to a position covered by this System; or (ii) retirees who were receiving retirement benefits from another City retirement plan but suspended receipt of those benefits after reemployment in a position covered by this System. (b) A Class D member shall execute the form or forms and provide the supporting evidence that may be required from time to time, and must answer truthfully all questions pertinent to administration of this System. (c) (1) All service in a fiscal year after the date of becoming a Class D member shall be credited as provided in this subsection. (2) (i) A Class D member who is employed by the City in a job classification that requires more than 1,000 hours of work in a fiscal year shall receive credit for 1 year of service. (ii) If, however, during the 1st or final fiscal year of the member’s service, the member was not in pay status for every payroll period in the fiscal year, or for any other fiscal year in which the member was out of pay status for 7 or more bi-weekly payroll periods (or an equivalent number of weekly or monthly payroll periods), service for that fiscal year shall be credited pro rata, calculated as follows: (A) 1 year’s service credit, multiplied by (B) a fraction, the numerator of which is the number of payroll periods in the fiscal year that the member was in pay status, and the denominator of which is the total number of payroll periods in the fiscal year for the member’s job classification. (3) (i) A Class D member who is employed by the City in a job classification that requires not less than 500 nor more than 1,000 hours of work in a fiscal year shall receive credit for ½ year of service. (ii) If, however, during the 1st or final fiscal year of a member’s service, the member was not in pay status for every payroll period in the fiscal year, or for any other fiscal year in which the member was out of pay status for 7 or more bi-weekly payroll periods (or an equivalent number of weekly or monthly payroll periods), service for that fiscal year shall be credited pro rata, calculated as follows: (A) ½ year’s service credit, multiplied by (B) a fraction, the numerator of which is the number of payroll periods in the fiscal year that the member was in pay status, and the denominator of which is the total number of payroll periods in the fiscal year for the member’s job classification. (4) A Class D member who is employed by the City in a job classification that requires less than 500 hours of work in a fiscal year is not eligible to receive any service credit for that employment. However, the member will be considered an active Class D member. (5) The service of a Class D member who is paid on other than a uniform, 12-month basis (e.g., a 10-month employee of the Baltimore City Public School System) may not be pro rated under this subsection because of the member’s being out of pay status during the period that the member ordinarily would not be paid. (6) (i) A Class D member is entitled to purchase service credit for any City employment, regardless of retirement plan membership, as long as: (A) the employment did not result in the member’s being entitled to any current or future benefits for that employment in any other City retirement plan; and (B) the Class D member pays to the Employees’ Retirement System, by a single payment, an amount equal to: 1. the current salary of the employee in the year of purchase, multiplied by 2. the sum of the employer rate for the normal cost and the employee contribution rate, computed under § 8(d)(1) of this subtitle for the year of purchase, multiplied by 3. the number of years or part of a year being purchased. (ii) In addition, a class D member is entitled to purchase service credit for the member’s 1st year of service with the City under the same conditions as provided in subparagraph (i)(B) of this paragraph. (iii) If a member purchases service credit under this paragraph and later dies or leaves City employment for any reason, with or without any vested benefit due to the member or the member’s beneficiary under this subtitle, the member or the beneficiary is entitled to receive, in lieu of any other benefit under this System, a lump-sum cash payment equal to the total amount paid by the member for the purchase, plus interest at the rate equal to regular interest (as defined in § 1(9)(i)(B) of this subtitle). (7) (i) A Class D member who satisfies the applicable requirements of the State Personnel and Pensions Article may transfer service from a State or local retirement or pension system within Maryland. (ii) The service so transferred will be credited as service under this System. (d) (1) (i) In this subsection, the following terms have the meanings indicated. (ii) (A) “Military service” means any: 1. “service in the uniformed services”, as defined by and interpreted under 38 U.S.C. § 4303(13); or 2. “military service”, as defined by and interpreted under State Personnel and Pension Article § 38-101(d). (B) “Military service” includes active duty, active duty for training, initial active duty for training, and inactive duty training (such as drills), under competent authority, on a voluntary or involuntary basis, in the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service Commissioned Corps, the Army National Guard, the Air National Guard, the Maryland National Guard, as well as the reserve components of each of these services, and any other category of persons designated by the President or the Governor of the State of Maryland in time of war or national or state emergency. (iii) “USERRA” means the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4344, as amended. (2) This subsection applies only to a member of this System who: (i) on account of military service, is on leave of absence from City employment; (ii) is eligible for reemployment with the City under USERRA; (iii) is reemployed by the City as an employee; and (iv) applies for service credit with this System. (3) (i) A member of this System shall receive service credit for the period of absence while in military service as though he or she remained continuously employed as an employee. (ii) To the extent required under USERRA, this service credit shall include the period, if any, between the date the member completes military service and the date of reemployment. (4) A member of this System who receives service credit for military service under this subsection may transfer the credit to another State or local retirement or pension system within Maryland. (5) A member of this System, the member’s beneficiary, or the member’s estate is not entitled to line-of-duty disability benefits or line-of-duty death benefits arising from the member’s death or disability during a period that the member is absent from employment for military service. (6) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, a member of this System who is reemployed under paragraph (2) of this subsection shall be credited with, at the City’s sole expense, the contributions that the member otherwise would have made under § 8(d)(2) had the member not been absent, plus regular interest (as defined in § 1(9)(i)(B) of this subtitle) on those contributions. (ii) (A) If a member terminates City employment, other than by reason of death, before becoming eligible for a retirement benefit or for a deferred vested pension benefit under this section, the member is not entitled to receive any part of the contributions made on his or her behalf under subparagraph (i) of this paragraph. (B) However, the contributions made on behalf of a member will be used to fund a retirement benefit or a deferred vested pension benefit payable to the member under this section. (C) In addition, the contributions made on behalf of a member: 1. will be used to fund a periodic death benefit payable to the member’s beneficiary under this section; or 2. if the member’s beneficiary is entitled to receive a lump-sum death benefit under this section, will be paid to the beneficiary. (iii) The Board of Trustees shall refund to a member any contributions made to this System during a period of absence from employment for military service while the member is otherwise exempted under this paragraph from paying contributions into this System. (e) (1) Subject to paragraph (2) of this subsection, but notwithstanding any other provision of this subtitle, on proper application to this System, up to 3 years of credit shall be granted for military service, as defined in subsection (d) of this section, to any Class D member who: (i) has served in the military prior to employment with the City; and (ii) has either: (A) acquired at least 10 years of service (disregarding this military service credit) and attained age 62; or (B) acquired at least 20 years of service (disregarding this military service credit), regardless of age. (2) (i) Except as provided in subparagraph (ii) of the paragraph, the member may not receive credit for a period of military service if, under any other retirement system (whether a City retirement plan or otherwise), the member has received credit for the same period of military service for which retirement benefits have been or will be received by him or her. (ii) Subparagraph (i) of this paragraph does not apply to: (A) any credit for military service provided by the federal Social Security System; or (B) any benefit provided under Title 10, Chapter 1223, § 12731 through § 12741 of the U.S. Code. (f) A Class D member in service may retire under subsection (g) of this section if: (1) the member files the appropriate application with the Board of Trustees, in the form and containing the information that the Board requires; (2) the member specifies on the form the date on which the member desires his or her benefits to commence; (3) the date so specified is not less than 60 days nor more than 90 days after the date of filing the application; and (4) as of the date so specified, the member will have complied with the applicable conditions of the retirement benefit applied for. (g) (1) (i) A Class D member is entitled to receive a normal retirement benefit, calculated as provided in subparagraph (ii) of this paragraph, if the member retires: (A) at or after age 65, with at least 5 years of service; or (B) regardless of age, with at least 30 years of service. (ii) Except for a Class D member for whom an enhanced benefit is provided under paragraph (4) of this subsection, the normal retirement benefit is equal to 1.0% of the member’s average final compensation, multiplied by his or her years of service (and fractions of those years of service). (iii) Every 5 years, the Board of Trustees shall: (A) reassess the percentage multiplier used to compute the normal retirement benefit; and (B) report to the Mayor and the City Council its findings and recommendations. (iv) Payment of the benefit commences on the 1st day of the month immediately following the member’s retirement. (2) (i) (A) A Class D member is entitled to receive an early retirement benefit, calculated as provided in sub-subparagraph (B) of this subparagraph, if the member terminates employment with the City at or after age 55, with at least 5 years of service. (B) The early retirement benefit shall be determined as provided in paragraph (1)(ii) of this subsection based on the member’s average final compensation and years of service (and fractions of those years of service) as of the date the member terminates employment. (C) Except as provided in subparagraph (ii) of this paragraph, payment of the benefit commences on the 1st day of the month immediately following the member’s 65th birthday. (ii) (A) If a member described in subparagraph (i) of this paragraph elects to have her or his early retirement benefit commence before the 1st day of the month immediately following her or his 65th birthday, the amount of the benefit shall be reduced, unless the member terminated employment with at least 30 years of service. (B) The amount of the reduction shall be: 1. 1/180 for each of the first 60 months (or fraction of a month) by which commencement of the member’s pension precedes the 1st day of the month immediately following her or his 65th birthday; and 2. 1/360 for each additional month (or fraction of a month) by which commencement of the member’s pension precedes the 1st day of the month immediately following her or his 65th birthday. (3) (i) This paragraph applies to any Class D member who terminates City employment: (A) before attaining age 55 and after acquiring 10 years of service; or (B) after attaining age 55 and acquiring 5 years of service, but without having elected an immediate early retirement benefit under paragraph (2)(ii) of this subsection. (ii) A member described in subparagraph (i) of this paragraph is entitled to receive, commencing on the 1st day of the month immediately following his or her 65th birthday, a deferred vested pension benefit, calculated in accordance with the following rules: (A) The pension shall be calculated as provided in paragraph (1)(ii) of this subsection based on the member’s average final compensation and years of service (and fractions of years of service) as of the date the member terminated employment. (B) The member may elect to have payment of this benefit commence at anytime after the member has attained age 55 and before the 1st day of the month immediately following the member’s 65th birthday. If the member does so: 1. the benefit shall be actuarially reduced in accordance with the same rules applicable to early retirement benefits under paragraph (2)(ii) of this subsection; and 2. if the member dies before the deferred vested benefit commences, then no benefits are payable except for the return of the member’s accumulated contributions, if any. (4) (i) This paragraph applies to any Class D member who, at or after age 62 with at least 20 years of service: (A) retires and is entitled to 1 of the following benefits, as otherwise applicable to that member: 1. a normal retirement benefit under paragraph (1) of this subsection; 2. an early retirement benefit under paragraph (2) of this subsection; 3. a deferred vested pension benefit under paragraph (3) of this subsection; or 4. a non-line-of-duty disability retirement benefit under subsection (h) of this section; or (B) dies while actively employed and whose beneficiary is entitled to: 1. a 100% survivorship death benefit under subsection (m)(3) of this section; or 2. a 40% survivorship death benefit under subsection (m)(4) of this section. (ii) For purposes of calculating the benefit to which the member or beneficiary described in subparagraph (i) of this paragraph is entitled, the percentage multiplier described in paragraph (1)(ii) of this subsection shall be 1.1% (instead of the 1.0% specified in that paragraph). (h) (1) A Class D member is entitled to retire on a non-line-of-duty disability retirement if: (i) the member has acquired at least 5 years of service, as determined by the Board of Trustees; and (ii) a hearing examiner determines that: (A) the member is mentally or physically incapacitated from the further performance of the duties of her or his City job classification; and (B) the incapacity is likely to be permanent. (2) To retire under this subsection, the member must: (i) complete the appropriate application, in the form and containing the information required by subsection (p)(4) of this section; and (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment. (3) A non-line-of-duty disability retirement takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of City employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of the month immediately following the 30th day after the date on which the Board received a completed application. (4) On retirement, the Class D member is entitled to receive a pension equal to the greater of: (i) the member’s accrued service retirement benefit, as calculated under subsection (g)(1)(ii) or (4) of this section; or (ii) 15% of the member’s average final compensation. (5) Workers’ Compensation benefits shall be offset against non-line-of-duty disability benefits, in accordance with subsection (o) of this section. (i) (1) A Class D member is entitled to retire on a line-of-duty disability retirement if a hearing examiner determines that: (i) the member is permanently incapacitated from the further performance of the duties of his or her City job classification due to 1 or more of the impairments described in paragraph (5) of this subsection; and (ii) the member’s impairment: (A) is, independent of all other causes and independent of any preexisting physical or medical conditions, whether job-related or otherwise, the direct result of bodily injury arising through an accident; and (B) the accident occurred: 1. while the member was in the actual performance of his or her City duties at some definite time and place; and 2. without willful negligence on the member’s part. (2) To retire under this subsection, the member must: (i) complete the appropriate application, in the form and containing the information required by subsection (p)(4) of this section; and (ii) submit the application to the Board: (A) no later than 1 year following the member’s last day of City employment; and (B) within 5 years of the date of the accident resulting in the member’s impairment. (3) A line-of-duty disability retirement takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of city employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of the month immediately following the 30th day after the date on which the Board received a completed application. (4) (i) On retirement, the Class D member is entitled to receive a pension equal to 66⅔% of the member’s average final compensation. (ii) If a Class D member is not eligible for line-of-duty disability benefits solely because the degree of impairment does not meet the conditions of paragraph (5) of this subsection, a non-line-of-duty disability benefit will be paid under subsection (h) of this section, regardless of the member’s years of service, as long as the member otherwise qualifies for non-line-of-duty disability retirement under that subsection. (5) (i) The award of a line-of-duty disability retirement benefit requires: (A) a 50% or more anatomical loss of the use of any 1 of the impaired items listed in subparagraph (ii) of this paragraph; or (B) a 25% or more anatomical loss of the use of each of 2 or more of the impaired items listed in subparagraph (ii) of this paragraph. (ii) The schedule of impaired items is as follows: 1. speech 2. sight 3. neck 4. back 5. vital bodily organ 6. a part of the central nervous system 7. arm 8. leg 9. shoulder 10. hearing 11. mental incapacitation for which a member has been granted a disability benefit under the federal Social Security System. (6) Workers’ Compensation benefits shall be offset against line-of-duty disability benefits, in accordance with subsection (o) of this section. (j) (1) A Class D member is entitled to retire on a dismemberment disability retirement if a hearing examiner determines that: (i) the member sustained any 1 of the losses listed in paragraph (5) of this subsection; (ii) the member sustained the loss, independent of all other causes, as the direct result of bodily injury arising through an accident; and (iii) the accident occurred: (A) while the member was in the actual performance of his or her City duties at some definite time and place; (B) without willful negligence on the member’s part; and (C) not more than 180 days before the date on which the loss was sustained. (2) To retire under this subsection, the member must: (i) complete the appropriate application, in the form and containing the information required by subsection (p)(4) of this section; and (ii) submit the application to the Board: (A) no later than 1 year following the member’s last day of City employment; and (B) within 5 years of the date of the accident resulting in the member’s loss. (3) A dismemberment disability retirement takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the 1st day of the month immediately following the member’s last day of city employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective as of the 1st day of the month immediately following the 30th day after the date on which the Board received a completed application. (4) On retirement, the Class D member is entitled to receive a pension equal to 100% of the member’s average final compensation. In no event, however, will more than 100% of average final compensation be paid for all losses sustained by a member as the result of any one accident. (5) (i) The schedule of losses is as follows: 1. both hands or both feet 2. 1 hand and 1 foot 3. 1 hand and sight of 1 eye 4. 1 foot and sight of 1 eye 5. sight of both eyes (ii) (A) With respect to hands or feet, “loss” means dismemberment by severance at or above the wrist or ankle joint. (B) With respect to “sight of 1 eye”, “loss” means central visual acuity of 20/200 or less in 1 eye with the use of correcting lenses, or visual acuity of greater than 20/200 if accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. (C) With respect to “sight of both eyes”, “loss” means central visual acuity of 20/200 or less in the better eye with the use of correcting lenses, or visual acuity greater than 20/200 if accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. (6) Workers’ Compensation benefits shall be offset against dismemberment disability benefits, in accordance with subsection (o) of this section. (k) (1) (i) A Class D member who is eligible to receive a retirement benefit under this subtitle is entitled to receive, without actuarial modification, the full benefit for which he or she is qualified, payable in periodic payments during the retired member’s lifetime (the “maximum retirement allowance”). (ii) As of the 1st day of the month immediately after the death of a retired member who is receiving this maximum retirement allowance, the following beneficiaries are entitled to receive periodic payments in an amount equal to 40% of the periodic payment that the retired member was receiving at the time of his or her death: (A) if the retired member is survived by a spouse to whom the retired member was married for at least 1 year immediately before the member’s retirement date, the benefit shall be paid to the surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or (B) if there is no qualifying surviving spouse or if the surviving spouse remarries before age 70 or dies, then the benefit shall be paid to the retired member’s minor children, in equal shares, to continue until the children are no longer minors, as defined in § 1(5) of this article. (iii) For purposes of this paragraph, when a retired member’s child is no longer a minor and consequently ceases to receive benefits under this paragraph, each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the youngest child is no longer a minor. (iv) If a retired member who is receiving the maximum retirement allowance dies before the member has received benefit payments in a sum equal to the amount of his or her accumulated contributions at the time of retirement, and if there is no surviving spouse or minor child entitled to receive benefits on the member’s death, the difference between the amount of the deceased member’s accumulated contributions and the sum of the benefit payments shall be paid in the form of a lump-sum cash payment as follows: (A) to the deceased member’s designated beneficiary; or (B) if no beneficiary has been designated or if the designated beneficiary predeceases the retired member, to the deceased member’s estate. (2) (i) (A) Instead of the maximum retirement allowance provided for in paragraph (1) of this subsection, a Class D member who is entitled to receive a retirement benefit from this System may elect to receive the benefit in the form of 1 of the options set forth in subparagraphs (ii) through (v) of this paragraph. (B) A member who elects to receive 1 of these options will receive his or her benefit in the form of periodic payments during her or his lifetime. (C) The member’s benefit shall be in an amount that, when combined with the corresponding survivorship benefit under the option elected, will equal the actuarial equivalent of the retired member’s maximum retirement allowance, computed as of his or her retirement date. (ii) (A) As soon as administratively practicable after the death of a retired member who elected this reserve guarantee option, the balance of the present value of the retired member’s benefit at retirement, after deducting the total amount of periodic payments received by the retired member during his or her lifetime, shall be paid in the form of a lump-sum cash payment as follows: 1. to the retired member’s designated beneficiary; or 2. if no designated beneficiary has been designated or if the designated beneficiary predeceases the retired member, to the retired member’s estate. (B) A member who elects this option may change his or her designated beneficiary at any time throughout the member’s retirement. (iii) (A) As of the 1st day of the month immediately after the death of a retired member who elected this joint-and-survivor option, the member’s designated beneficiary is entitled to receive periodic payments during the beneficiary’s lifetime in either of the following amounts, as elected by the member: 1. 100% of the periodic payment that the retired member was receiving at the time of her or his death; or 2. 50% of the periodic payment that the retired member was receiving at the time of her or his death. (B) A member who elects this option may change her or his designated beneficiary within 30 days after the member’s retirement date. (C) If the designated beneficiary predeceases the retired member within 30 days after the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death. (D) If the designated beneficiary predeceases the retired member within 30 days after the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date: 1. the retired member continues during her or his lifetime to receive periodic payments in the same amount that the member has been receiving; 2. no new beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable. (iv) (A) As of the 1st day of the month immediately after the death of a retired member who elected this “pop-up” joint-and-survivor option, the member’s designated beneficiary is entitled to receive periodic payments during the beneficiary’s lifetime in either of the following amounts, as elected by the member: 1. 100% of the periodic payment that the retired member was receiving at the time of his or her death; or 2. 50% of the periodic payment that the retired member was receiving at the time of his or her death. (B) A member who elects this option may change his or her designated beneficiary within 30 days after the member’s retirement date. (C) If the designated beneficiary predeceases the retired member within 30 days after the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death. (D) If the designated beneficiary predeceases the retired member within 30 days after the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date: 1. the retired member commences, as of the 1st day of the month immediately after the designated beneficiary’s death, to receive the maximum retirement allowance, payable in periodic payments during the retired member’s lifetime; 2. no other beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable, whether under this option or the maximum retirement allowance. (v) (A) Subject to the approval required by sub-subparagraph (B) of this subparagraph, on the death of a retired member who elected this specific benefit option, the member’s designated beneficiary is entitled to receive the following, as elected by the member before the member’s retirement date: 1. a specific lump-sum cash payment, payable as soon as administratively practicable after the retired member’s death; or 2. a specific periodic benefit, payable to the designated beneficiary during her or his lifetime, effective as of the 1st day of the month immediately after the retired member’s death. (B) This benefit option must be approved, at the time of the member’s retirement, by the Board of Trustees pursuant to the recommendation of this System’s actuary. (C) A member who elects this option may change his or her designated beneficiary within 30 days after the member’s retirement date. (D) If the designated beneficiary predeceases the retired member within 30 days after the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death. (E) If the designated beneficiary predeceases the retired member within 30 days after the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day after the retirement date: 1. the retired member continues during his or her lifetime to receive periodic payments in the same amount that the member has been receiving; 2. no other beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable. (3) (i) A retired member may elect to make the changes authorized in this paragraph on or before the later of: (A) the 30th day after the retired member’s retirement date; or (B) if the retired member’s designated beneficiary predeceases the retired member within 30 days after the retirement date, the 30th day after the designated beneficiary’s death. (ii) Within the periods specified, the retired member may elect to change: (A) the retired member’s maximum retirement allowance under paragraph (1) of this subsection to any one of the benefit options provided under paragraph (2) of this subsection; (B) the retired member’s election of a benefit option under paragraph (2) of this subsection to the maximum retirement allowance provided under paragraph (1) of this subsection; or (C) the retired member’s election of a benefit option under paragraph (2) of this subsection to any other benefit option provided under paragraph (2) of this subsection. (iii) Any payments made to a retired member under the original election shall be taken into account in computing the benefit to be paid under the subsequent election. (4) (5) (i) A Class D member who terminates City employment may elect to receive the present value of the member’s total pension benefit in a lump-sum cash payment, if: (A) the member is entitled to service retirement benefit under subsection (g) of this section; and (B) the present value of the total pension benefit is no more than the greater of: 1. $12,500; or 2. an amount that is calculated by this System’s actuary to reflect any increases in the average salary of active members and that is approved by the Board of Trustees. (ii) A member who receives a lump-sum cash payment under this paragraph ceases to be entitled to any other benefits from this System. (iii) If a Class D member is entitled to receive both a service retirement benefit under subsection (g) of this section and a disability retirement benefit under subsection (h), (i), or (j) of this section, the member may waive his or her rights to the disability benefit and elect to receive a lump-sum cash payment under this paragraph. (iv) The present value of the benefit payable under this paragraph shall be calculated as of the date the member terminates City employment, using actuarial assumptions as of that date approved by the Board of Trustees pursuant to the recommendation of this System’s actuary. (6) (i) (A) If a Class D member terminates City employment for more than 30 consecutive days, other than by reason of death, before becoming eligible for a retirement benefit or a deferred vested pension benefit under this section, the member may elect to receive the value of his or her accumulated contributions (with regular interest credited through the date of termination), payable in the form of a lump-sum cash payment. (B) Notwithstanding sub-subparagraph (A) of this subparagraph, if the value of a terminating member’s accumulated contributions (with regular interest credited through the date of termination) is $1,000 or less and the member does not elect to have the accumulated contributions paid in a direct rollover, the accumulated contributions will be paid directly to the member in a lump-sum cash payment as soon as administratively practicable following the expiration of the time period for making a direct rollover election. (ii) If a Class D member dies while actively employed, his or her accumulated contributions will be used to fund a periodic death benefit payable to the member’s beneficiary under subsection (m) or (n) of this section or will be paid to the member’s beneficiary if the beneficiary is entitled to receive a lump-sum death benefit under subsection (m) or (n) of this section. (l) (1) (i) If a Class D member terminates City employment after becoming eligible for a retirement benefit or a deferred vested pension benefit under this section and is subsequently reemployed as an employee, the employee: (A) must, as of his or her reemployment with the City, cease or postpone receiving any retirement benefits from this System; and (B) immediately on reemployment: 1. will again become a Class D member; and 2. will be credited with his or her prior Class D service. (ii) (A) If a Class D member terminates City employment before becoming eligible for a retirement benefit or a deferred vested pension benefit under this section and is subsequently reemployed as an employee not more than 180 consecutive days after termination, the employee: 1. immediately on reemployment, will again become a Class D member; and 2. will be credited with his or her prior Class D service as follows: a. immediately on reemployment, unless before reemployment the member received the value of his or her accumulated contributions under subsection (k)(6)(i) of this section; or b. if before reemployment the member received the value of his or her accumulated contributions under subsection (k)(6)(i) of this section, then only if the member purchases the service credit under subsection (c)(6)(i) of this section. (B) If a Class D member terminates City employment before becoming eligible for a retirement benefit or a deferred vested pension benefit under this section and is subsequently reemployed as an employee more than 180 consecutive days after termination, the employee: 1. on the 1st annual anniversary of his or her reemployment, will again become a Class D member; and 2. will be credited with his or her prior Class D service as follows: a. immediately on reemployment, unless before reemployment the member received the value of his or her accumulated contributions under subsection (k)(6)(i) of this section; or b. if before reemployment the member received the value of his or her accumulated contributions under subsection (k)(6)(i) of this section, then only if the member purchases the service credit under subsection (c)(6)(i) of this section. (2) (i) (A) This subparagraph applies to any employee who: 1. was employed by the City on or before June 30, 2014; 2. terminated that employment after earning a vested benefit under this System or another City retirement plan; and 3. is reemployed by the City on or after July 1, 2014, and not more than 180 consecutive days after termination. (B) Notwithstanding any other provision of this subtitle, an employee described in sub-subparagraph (A) of this subparagraph: 1. must, as of his or her reemployment with the City, cease or postpone receiving any retirement benefits from this System; and 2. immediately on reemployment: a. will again become a Class C member; and b. will be credited with his or her prior Class C service. (ii) (A) This subparagraph applies to any employee who: 1. was employed by the City on or before June 30, 2014; 2. terminated that employment after earning a vested benefit under this System or another City retirement plan; and 3. is reemployed by the City on or after July 1, 2014, and more than 180 consecutive days after termination. (B) Notwithstanding any other provision of this subtitle, an employee described in sub-subparagraph (A) of this subparagraph: 1. must, as of his or her reemployment with the City, cease or postpone receiving any City retirement benefits in accordance with § 48 {“Contemporaneous benefits from 2 or more City systems”} of this article; 2. may not, as of his or her reemployment with the City, again become a member of this System or any other City retirement plan, except as provided in item 3 of this sub-subparagraph (B); and 3. automatically becomes, on the 30th day after the date on which his or her reemployment began, a non-hybrid member of the Retirement Savings Plan. (C) Prior service earned under this System or any other City retirement plan is not credited under the Retirement Savings Plan, and the employee is not entitled to any contributions under the Retirement Savings Plan with respect to that prior service. (iii) (A) This subparagraph applies to any employee who: 1. terminated employment with the City on or before June 30, 2014, and before earning a vested benefit under this System or another City retirement plan; and 2. is reemployed by the City on or after July 1, 2014, and before the expiration of a time period equal to the parity time period defined in § 1(28) of this subtitle. (B) Notwithstanding any other provision of this subtitle, an employee described in sub-subparagraph (A) of this subparagraph: 1. on the 1st annual anniversary of his or her reemployment, will again become a Class C member; 2. immediately on reemployment, will automatically be credited with his or her prior Class C service for periods before July 1, 2013; and 3. will be credited with his or her prior service for periods on or after July 1, 2013, as follows: a. immediately on reemployment, unless before reemployment the member received the value of his or her accumulated contributions under subsection (k)(6)(i) of this section; or b. if before reemployment the member received the value of his or her accumulated contributions under subsection (k)(6)(i) of this section, then only if the member purchases the service credit under subsection (c)(6)(i) of this section. (iv) (A) This subparagraph applies to any employee who: 1. was employed by the City on or before June 30, 2014; 2. terminated that employment on or before June 30, 2014, and before earning a vested benefit under this System or another City retirement plan; and 3. is reemployed by the City on or after July 1, 2014, and after the expiration of a time period equal to the parity time period defined in § 1(28) of this subtitle. (B) Notwithstanding any other provision of this subtitle, an employee described in sub-subparagraph (A) of this subparagraph: 1. shall make an election in accordance with § 9.1 of this subtitle; and 2. based on that election, will become either: a. a Class D member of this System, commencing on the 1st annual anniversary of his or her reemployment, and a hybrid member of the Retirement Savings Plan, commencing on the 180th day after the date on which his or her reemployment began; or b. a non-hybrid member of the Retirement Savings Plan, commencing on the 180th day after the date on which his or her reemployment began. (C) On commencement of participation as a Class D member of this System, the employee will be credited with the prior service that she or he earned under this System or another City retirement system only if the employee purchases the service credit under subsection (c)(6)(i) of this section. (v) (A) This subparagraph applies to any employee who: 1. was employed by the City on or before June 30, 2014; 2. terminated that employment on or after July 1, 2014, and before earning a vested benefit under this System or another City retirement plan; and 3. is reemployed by the City not more than 180 consecutive days after termination. (B) Notwithstanding any other provision of this subtitle, an employee described in sub-subparagraph (A) of this subparagraph: 1. immediately on reemployment, will again become a Class C member; 2. immediately on reemployment, will automatically be credited with his or her prior Class C service for periods before July 1, 2013; and 3. will be credited with his or her prior service for periods on or after July 1, 2013, as follows: a. immediately on reemployment, unless before reemployment the member received the value of his or her accumulated contributions under subsection (k)(6)(i) of this section; or b. if before reemployment the member received the value of his or her accumulated contributions under subsection (k)(6)(i) of this section, then only if the member purchases the service credit under subsection (c)(6)(i) of this section. (vi) (A) This subparagraph applies to any employee who: 1. was employed by the City on or before June 30, 2014; 2. terminated that employment on or after July 1, 2014, and before earning a vested benefit under this System or another City retirement plan; and 3. is reemployed by the City more than 180 consecutive days after termination. (B) Notwithstanding any other provision of this subtitle, an employee described in sub-subparagraph (A) of this subparagraph shall be treated in accordance with subparagraph (iv)(B) and (C) of this paragraph. (m) (1) This subsection applies to a member who dies while actively employed, but whose death does not qualify under subsection (n) of this section as a line-of-duty death benefit. (2) (i) In this paragraph, “beneficiary” means the member’s designated beneficiary or surviving spouse, children, or parents, as qualified and prioritized under subparagraph (v)(A)-(D) of this paragraph. (ii) The beneficiary is entitled to a lump-sum benefit under this paragraph only if: (A) the member had acquired 1 or more years of service; and (B) no benefits are paid under paragraph (3) or (4) of this subsection. (iii) To receive this benefit, the beneficiary must: (A) complete the appropriate application, in the form and containing the information, including proof of death, that the Board requires; and (B) submit the application to the Board on or before the 60th day after the Board has provided a post-death notice of this benefit to the beneficiary. (iv) The lump-sum benefit shall equal: (A) any accumulated contributions of the deceased member; and (B) 50% of the greater of the member’s current annual compensation or the member’s average final compensation on the date of the member’s death. (v) The lump-sum benefit shall be paid as follows: (A) to the member’s designated beneficiary; (B) if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse; (C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; (D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and (E) otherwise, to the member’s estate. (3) (i) (A) In this paragraph, the following terms have the meanings indicated. (B) “Beneficiary” means the member’s surviving spouse or parents, as qualified and prioritized under subparagraph (v) of this paragraph. (C) “Surviving spouse” means a surviving spouse to whom the member was married for at least 5 years immediately before the date of the member’s death. (ii) The beneficiary is entitled to a 100% survivorship death benefit only if the member would have been eligible for a normal service or early service retirement before his or her death or within 90 days after the date of his or her death, (iii) To receive this benefit, the beneficiary must: (A) complete the appropriate application, in the form and containing the information, including proof of death, that the Board requires; and (B) submit the application to the Board on or before the 60th day after the Board has provided a post-death notice of this benefit to the beneficiary. (iv) The benefit shall be equal to that which would have been paid to a surviving beneficiary under the joint and survivor 100% benefit option provided for in subsection (k)(2)(iii)(A)1. of this section had the member elected that option, designated that beneficiary, and retired as of the date of death. (v) (A) The benefit shall be paid as follows: 1. to the member’s designated beneficiary, to continue during his or her lifetime, if that designated beneficiary is: a. the member’s surviving spouse; or b. one of the member’s surviving parents; or 2. if the designated beneficiary is not one of the persons listed in item 1. of this sub-subparagraph and that beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for her or his lifetime. (B) If a member designates a beneficiary other than one of the persons listed in sub-subparagraph (A)1. of this subparagraph, and if that beneficiary does not predecease the member, the benefit provided by this paragraph is not payable. (vi) The benefit provided by this paragraph is in place of all benefits provided under paragraphs (2) and (4) of this subsection. (4) (i) (A) In this paragraph, the following terms have the meanings indicated. (B) “Beneficiary” means the member’s surviving spouse or minor children, as qualified and prioritized under subparagraph (v) of this paragraph. (C) “Surviving spouse” means a surviving spouse to whom the member was married for at least 1 year immediately before the date of the member’s death. (ii) The beneficiary is entitled to a 40% survivorship death benefit only if the member had at least 20 years of service as of the date of his or her death. (iii) To receive this benefit, the beneficiary must: (A) complete the appropriate application, in the form and containing the information, including proof of death, that the Board requires; and (B) submit the application to the Board on or before the 60th day after the Board has provided a post-death notice of this benefit to the beneficiary. (iv) (A) The benefit shall be equal to 40% of the member’s accrued service retirement benefit, calculated as provided in subsection (g)(1)(ii) or (4) of this section based on the member’s average final compensation and years of service (and fractions of those years) as of the date of the member’s death. (B) The calculation required by sub-subparagraph (A) of this subparagraph shall be made with the assumption that the member had attained age 65 as of the date of his or her death. Accordingly, the reduction described in subsection (g)(2)(ii) of this section does not apply. (v) (A) The benefit shall be paid as follows: 1. to the member’s designated beneficiary, if that designated beneficiary is: a. the member’s surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or b. the member’s minor children, to be paid to each child, in equal shares, until that child is no longer a minor, as defined in § 1(5) of this article; 2. if the designated beneficiary is not one of the persons listed in item 1. of this sub-subparagraph and that beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or 3. if there is no qualifying surviving spouse under item 1. or 2. of this sub-subparagraph, or if the surviving spouse remarries before age 70 or dies, then to the member’s minor children, to be paid to each child in equal shares until that child is no longer a minor, as defined in § 1(5) of this article. (B) If a member designates a beneficiary other than one of the persons listed in sub-subparagraph (A) of this subparagraph, and if that beneficiary does not predecease the member, the benefit provided by this paragraph is not payable. (vi) For purposes of this paragraph, when a member’s child is no longer a minor and, consequently, ceases to receive benefits under this paragraph, each remaining minor child shall then begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor. (vii) For purposes of this paragraph, the deceased member’s 1st year of employment: (A) is included in computing the minimum 20 years of service credit needed to be eligible to receive this death benefit; but (B) may not be counted as service credit for purpose of calculating the amount of the death benefit, unless purchased as service credit in accordance with subsection (c)(6) of this section. (viii) The benefit provided by this paragraph is in place of all benefits provided under paragraphs (2) and (3) of this subsection. (5) The amounts that would have been paid under this subsection, excluding accumulated contributions, forever remain assets of this System if: (i) a member dies without designating a beneficiary; (ii) that member has no beneficiaries, as enumerated in paragraphs (2)(v), (3)(v), and (4)(v) of this subsection ; and (iii) no estate for that member is opened within 2 years of the member’s death. (6) (i) Except as specified in subparagraph (ii) of this paragraph, this paragraph applies to: (A) a retired member who: 1. has been granted a service or disability retirement benefit under this section; and 2. dies within 30 days of his or her retirement date; or (B) a retired member who: 1. retires before reaching age 65; 2. elects to postpone receipt of his or her retirement benefit until age 65; and 3. dies within 30 days after reaching age 65. (ii) This paragraph does not apply to a former member who terminates employment before reaching age 65 without immediate entitlement to retirement benefits. (iii) A retired member or vested former member described in subparagraph (i) of this paragraph is deemed to have died while still employed by the City and, instead of any other service or disability benefits under this System, a non-line-of-duty death benefit will be paid as if he or she died during active service. (iv) Any pension benefits paid by this System and received by the retired member or former member before he or she died shall be offset against the death benefits payable under this paragraph. (n) (1) In this subsection, “beneficiary” means the member’s designated beneficiary or surviving spouse, children, or parents, as qualified and prioritized under paragraph (4)(i)(A)-(D) or paragraph (4)(ii) of this subsection, as the case may be. (2) This subsection applies only: (i) to an individual who dies while a member of this System; and (ii) if a hearing examiner determines that: (A) the member’s death was, independent of all other causes and independent of any preexisting physical or medical conditions, whether job-related or otherwise, the direct result of bodily injury arising through an accident; and (B) the accident occurred: 1. while the member was in the actual performance of his or her City duties at some definite time and place; and 2. without willful negligence on the member’s part. (3) To receive this benefit, the beneficiary must: (i) complete the appropriate application, in the form and containing the information required by subsection (p)(6); and (ii) submit the application to the Board on or before the 60th day after the Board has provided a post-death notice of this benefit to the beneficiary. (4) On an award by the hearing examiner, the Board of Trustees shall pay: (i) any accumulated contributions of the deceased member to: (A) the member’s designated beneficiary; (B) if there is no designated beneficiary, or if the designated beneficiary predeceases the member, to the member’s surviving spouse; (C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; (D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and (E) otherwise, to the member’s estate; and (ii) a pension of 100% of the member’s current compensation to: (A) the member’s surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70, unless the member has designated his or her children as beneficiaries; (B) the member’s minor children, to be paid to each child in equal shares until that child is no longer a minor, as defined in § 1(5) of this article, if: 1. the member designated his or her children as beneficiaries; 2. there is no surviving spouse on the date of the member’s death; or 3. the surviving spouse, after having received benefits payments under sub-item (A) of this item (ii), has remarried before age 70 or has died; or (C) the member’s surviving parents in equal shares, to continue during their lifetimes, if: 1. the member has not designated his or her children as beneficiaries; 2. there is no surviving spouse on the date of the member’s death; and 3. the member has no minor children at the date of his or her death. (5) (i) For purposes of paragraph (4) of this subsection, when a member’s child is no longer a minor and, consequently, ceases to receive a benefit under that paragraph, each remaining minor child shall then begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor. (ii) For purposes of paragraph (4) of this subsection, if a member’s line-of-duty death benefit is paid to both of the member’s surviving parents and one parent dies, the remaining parent shall then begin to receive, in addition to his or her existing benefit, the benefit formerly paid to the deceased parent. (6) If no beneficiary is eligible for a line-of-duty death benefit under this subsection, a non-line-of-duty death benefit will be paid under either subsection (m)(2), (m)(3), or (m)(4) of this section as long as the member’s beneficiary qualifies for a non-line-of-duty death benefit under 1 of those subsections. (7) The amounts that would have been paid under this subsection, excluding accumulated contributions, forever remain assets of this System if: (i) a member dies without designating a beneficiary; (ii) that member has no beneficiaries, as enumerated in paragraph (4) of this subsection; and (iii) no estate for that member is opened within 2 years of the member’s death. (o) (1) This subsection applies to a member or beneficiaries of a member: (i) the payment of whose retirement benefit is on account a disability retirement benefit under subsection (h), (i), or (j) of this section; or (ii) who dies and is awarded a death benefit under subsection (m) or (n) of this section. (2) The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award paid or payable by the City against any disability or death benefits paid or payable by this System to a member or a member’s beneficiaries, if: (i) the member or beneficiary was awarded Workers’ Compensation benefits under the State’s Workers’ Compensation Law to be paid or payable by the City; (ii) the Workers’ Compensation award was for permanent partial or permanent total disability or for death; (iii) the Workers’ Compensation award was awarded on account of the same disability or death that resulted in this System’s payment of disability or death benefits; and (iv) the Workers’ Compensation award was awarded by the Workers’ Compensation Commission no more than 5 years before: (A) the effective date of the member’s retirement on account of non-line-of- duty disability; (B) the date of the accident qualifying the member for line-of-duty disability benefits or for dismemberment disability benefits, or (C) the date of the member’s death qualifying the member’s beneficiaries to receive a death benefit under this section. (3) The amount of Workers’ Compensation benefits to be offset does not include amounts allocated for the payment of legal fees, medical expenses, or other payments authorized by the Workers’ Compensation Commission to be made directly to third parties and not to the member or the member’s beneficiary. (4) (i) (A) The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), against any lump-sum disability or death benefit paid or payable by this System to a member or a member’s beneficiary in the following manner. (B) The offset shall be made on a non-actuarial, dollar-for-dollar basis against any lump-sum benefit until the total amount of the Workers’ Compensation benefits has been recovered. (C) If the amount of the Workers’ Compensation benefits exceeds the lump-sum disability or death benefit, then no disability or death benefit may be paid, except for the return of the member’s accumulated contributions, if any. (ii) (A) The Board of Trustees shall offset the amount of a member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), against any periodic disability or death benefits paid or payable by this System to a member or a member’s beneficiaries in the following manner. (B) This offset shall be calculated on an actuarial basis by annuitizing the member’s Workers’ Compensation award, reduced by the amounts described in paragraph (3), and reducing the member’s periodic disability or death benefit by the annuitized amount until the total amount of the Workers’ Compensation benefits have been recovered. (C) The actuarial amount shall be calculated by using an actuarial method and appropriate annuity factors recommended by this System’s actuary and approved by the Board of Trustees. (D) If the annuitized amount of the Workers’ Compensation benefits exceeds this System’s periodic disability or death benefit payment, then no disability or death benefit may be paid, except for the return of the member’s accumulated contributions, if any. (5) (i) On recovering the full amount of the member’s Workers’ Compensation benefits, the reduced disability or death benefits payable to the member or the member’s beneficiaries shall be restored to the unreduced amount of the disability or death benefits payable to the member or beneficiaries prior to the offset for Workers’ Compensation. (ii) The amount by which a reduced disability or death benefit is restored under subparagraph (i) of this paragraph does not include any post-retirement increases that the member or the member’s beneficiaries would have been eligible to receive had the member’s disability or death benefits not been reduced. (p) (1) There is a panel of hearing examiners, to be composed of persons with a demonstrated knowledge and competence in disability claims evaluation. (2) (i) The hearing examiners shall be appointed on a contract basis by the Board of Estimates. (ii) The Board of Estimates may determine, in its sole discretion: (A) the number and composition of the panel; and (B) the fees and other conditions of the hearing examiners’ contracts. (iii) Whenever a vacancy occurs on the panel, the Board of Trustees has the right to submit to the Board of Estimates a list of recommended candidates to fill the vacancy. (iv) In all events, however, the Board of Estimates may make its selection of hearing examiners without regard to the Board of Trustees’ recommendations. (3) The compensation of the panel members, the compensation of all persons engaged by the panel, and all other expenses of the panel shall be paid at the rates and in the amounts that the Board of Estimates approves. (4) (i) A person who seeks a non-line-of-duty disability benefit, a line-of-duty disability benefit, or a dismemberment disability benefit must first apply to the Board of Trustees. (ii) The application must include, in the form that the Board requires: (A) a medical certification of disability; (B) all supporting medical documentation; (C) a consent form that authorizes the Board to obtain all medical records pertaining to any accidents or illnesses that the member might have suffered at any time in the past; and (D) a statement in which the member: 1. states that he or she has suffered a disability; 2. states that the disability prevents him or her from further performance of the duties of his or her job classification; 3. states that the incapacity is likely to be permanent; and 4. states, in the manner and detail that the Board requires, the relevant facts and circumstances under which the member claims to be eligible for the applicable benefit. (5) (i) On receipt of a completed application and required supporting documentation, the Board of Trustees shall have the member medically examined by a physician selected by the Board. (ii) The examination shall include whatever tests and additional examinations the physician finds necessary or appropriate. (iii) On completion of the examination, the physician shall submit a written report to the Board of Trustees. (6) (i) A person who seeks a line-of-duty death benefit must first apply to the Board of Trustees. (ii) The application must include, in the form that the Board prescribes: (A) a consent form that authorizes the Board to obtain all medical records pertaining to the member’s death and to any accidents or illnesses that the member might have suffered at any time in the past; and (B) a statement in which the claimant: 1. states that the member suffered a line-of-duty death; and 2. describes, in the manner and detail that the Board requires, the relevant facts and circumstances under which the member’s death occurred. (7) A hearing examiner shall conduct hearings on all matters involving non-line-of-duty disability claims, dismemberment disability claims, line-of-duty disability claims, line-of-duty death benefit claims, and any related matters arising out of these claims. (8) (i) Each hearing is in the nature of an adversary proceeding. (ii) 1 hearing examiner from the panel shall hear a particular claim for benefits. (iii) The hearing examiner shall conduct the hearing: (A) in an informal manner; (B) with sufficient latitude to provide a fair and impartial hearing to all of the parties; and (C) without requiring strict compliance with the rules of evidence. (iv) Testimony at the hearing shall be under oath and recorded. (v) To secure information pertinent to the hearing, the hearing examiner has the power to subpoena and require the attendance of witnesses and the production of papers and documents and to examine them. (9) At the hearing: (i) the Board of Trustees shall be represented by an attorney from the City Solicitor’s Office or from this System’s Office of Legal Affairs; and (ii) the member has the right to counsel of his or her own choosing. (10) (i) At the hearing on a claim for a disability benefit, the member has the burden of proving, by a preponderance of the evidence: (A) the nature and extent of her or his disability; (B) that the disability prevents her or him from the further performance of the duties of her or his job classification; and (C) that, under the relevant facts and circumstances, she or he otherwise meets all of the eligibility requirements to qualify for the applicable benefit. (ii) At the hearing on a claim for a line-of-duty death benefit, the applicant has the burden of proving, by a preponderance of the evidence: (A) that the member’s death occurred under facts and circumstances required to qualify for the benefit under the applicable provisions of this section; and (B) that the applicant otherwise meets all other requirements to qualify for the benefit. (11) (i) The hearing examiner shall: (A) make the determinations specified in this paragraph (11); and (B) issue written findings of fact that set forth the reasons for his or her determination. (ii) (A) If the claim is for non-line-of-duty disability benefits under this System, the hearing examiner shall determine whether the member’s disability qualifies under subsection (h) of this section. (B) If the claim is for non-line-of-duty disability benefits under the Elected Officials’ Retirement System, the hearing examiner shall determine whether the member’s disability qualifies under § 22(b) of this article. (iii) (A) If the claim is for line-of-duty disability benefits under this System, the hearing examiner shall determine whether the member’s disability qualifies under subsection (i) of this section. (B) If the claim is for line-of-duty disability benefits under the Elected Officials’ Retirement System, the hearing examiner shall determine whether the member’s disability qualifies under § 22(c) of this article. (iv) If the claim is for dismemberment disability benefits, the hearing examiner shall determine whether the member’s disability qualifies under subsection (j) of this section. (v) (A) If the claim is for line-of-duty death benefits under this System, the hearing examiner shall determine whether the member’s death qualifies under subsection (n) of this section. (B) If the claim is for line-of-duty death benefits under the Elected Officials’ Retirement System, the hearing examiner shall determine whether the member’s death qualifies under § 22(g) of this article. (12) (i) If either party to the hearing is aggrieved by the hearing examiner’s determination, that party may seek judicial review of that determination by petition to the Circuit Court for Baltimore City. (ii) The review shall be sought and heard as provided in the Maryland Rules of Procedure, except that the review shall be heard on a right-of-way basis. (iii) The determination of the hearing examiner is presumptively correct and may not be disturbed on review unless it is arbitrary, illegal, capricious, or discriminatory. (iv) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. (v) Judicial review under this paragraph does not stay or hold in abeyance any payment awarded by the hearing examiner. If a court reverses an award of benefits, the court’s decision operates to stop payment of any benefits being made to the claimant, pending any further appeal. (13) If neither party seeks judicial review within 30 days after mailing of the hearing examiner’s written finding of fact, the hearing examiner’s determination is final and binding. *History: Ord. 14-216* *History: Ord. 15-329* *History: Ord. 16-488* *History: Ord. 16-503* *History: Ord. 16-576* *History: Ord. 20-459* *History: * #### § 10 Guaranty. Balt., Md., Code art. 22, § 10 (2026) The creation and maintenance of reserves in the Pension Accumulation Fund, the maintenance of annuity reserves and pension reserves as provided for, and regular interest creditable to the various funds as provided in § 7(b) of this article and the payment of all pensions, annuities, retirement allowances, refunds and other benefits granted under the provisions of this subtitle and all expenses in connection with the administration and operation of this retirement system are hereby made obligations of the City of Baltimore. All income interest and dividends derived from deposits and investments authorized by this subtitle shall be used for the payment of the said obligations of the said City. Any amounts derived therefrom which, when combined with the regular amounts, otherwise contributable by the City of Baltimore as provided under the provisions of this subtitle, exceed the amount required to provide such obligations, shall be used to reduce the regular appropriations otherwise required or to reduce the period of amortization of the unfunded accrued liability, or both, as determined by the Board of Trustees. *History: Ord. 26-553* *History: Ord. 73-419* #### § 11 Exemption from assignment and execution. Balt., Md., Code art. 22, § 11 (2026) (a) (1) In this section, “system” means either the Employees’ Retirement System or the Elected Official’s Retirement System, as applicable to the circumstances. (2) A person may not attach, execute, garnish, or otherwise seize any current or future benefit provided by a system or any money in a fund or an account created by a system. (3) All current and future benefits provided by a system and all money in a fund or an account created by a system are unassignable, except as specified in this section. (b) A retiree or beneficiary of a system may elect to have the Board of Trustees deduct from his or her allowance, lump-sum benefit payment, or return of contributions, any payroll deduction or payment authorization authorized by the City for its employees, if the retiree or beneficiary has consented to the deduction in writing on a form approved by the Director of Finance. (c) A court of competent jurisdiction may expressly order that a benefit or payment by a system be assigned pursuant to: (1) a decree or order of alimony or child support; (2) a domestic relations order as defined in subsection (d) of this section; or (3) a court order appointing the assignee as guardian over the property of the member. (d) A member’s court-approved property settlement agreement incident to a divorce decree or a division of marital property pursuant to a court order authorizing the payment of pension benefits to an alternate payee (as defined in the Internal Revenue Code, 26 U.S.C. §414(p)(8), as amended) shall be accepted by the Board as a domestic relations order if that decree or order: (1) does not require a system to provide any type or form of benefit or any options not already provided by the system; (2) requires a system to provide no more than the total amount of benefits that the member would otherwise receive (determined on the basis of actuarial values); (3) specifies the amount or percentage of the member’s benefits to be paid by the system to an alternate payee or the manner in which the amount or percentage is to be determined; (4) specifies (or, to protect the parties’ privacy, requires submission by separate writing of) the name, social security number, birth date, and last known mailing address of the member and of the alternate payee covered by the order and states that it is the responsibility of the alternate payee to keep a current mailing address on file with the system; (5) does not grant an alternate payee any of the rights, options, or privileges of a retiree or beneficiary other than an assigned percentage or amount of the member’s pension benefit or survivorship benefit; (6) does not require a system to commence payment of any type or form of benefit to an alternate payee prior to a member’s actual date of retirement or death; and (7) does not require a system to treat the alternate payee as a surviving spouse. (e) In satisfaction of a U.S. Internal Revenue Service Notice of Levy for unpaid taxes of a member or beneficiary that has terminated employment, a system may pay all or part of: (1) a member’s or beneficiary’s benefits from the system; or (2) a member’s refund of accumulated contributions, in which case the non-tax-deferred portion of those contributions shall be deemed to have been paid in satisfaction of the levy before any tax-deferred contributions. (f) A system may pay the benefits otherwise due a member or beneficiary to that member’s or beneficiary’s attorney-in-fact, as agent of the member or beneficiary, if the member or beneficiary properly designated the attorney-in-fact to act as agent under a duly executed durable power of attorney. (g) A system may pay the benefits otherwise due a minor beneficiary to a custodian validly appointed for the minor under the Maryland Uniform Transfers to Minors Act, Title 13, Subtitle 3, of the Maryland Estates and Trusts Article or a similar out-of-state provision. (h) A system may pay the benefits otherwise due a member or beneficiary to the member’s or beneficiary’s trustee, as trustee of the member or beneficiary, if the trustee was designated trustee of the member or beneficiary under an enforceable inter vivos or testamentary trust agreement. (i) A system may pay the benefits otherwise due a member or beneficiary to the member’s or beneficiary’s social security “representative payee” pursuant to The Social Security Act, 42 U.S.C. §405(j), as amended. (j) A system may pay all or part of a death benefit payable on account of the death of a member to a funeral establishment providing funeral services to the deceased member, if the beneficiary of the member has consented to that payment in writing on a form approved by the Board. (k) An assignment under this section applies only to benefits paid after the Board of Trustees receives: (1) written notice of the court decree or order, power of attorney, custodial instrument of designation, trust document, payee representative certification, assignment to funeral establishment, or notice of tax levy; and (2) any additional information that the Board of Trustees requires. (l) If the Board of Trustees, the Social Security Administration, or a court of competent jurisdiction determines that funds paid to any person under this section have been misused, payment of benefits will be promptly revoked. (m) The Board of Trustees is not liable for an improper payment to a person that results from the Board’s nonreceipt of: (1) written notice of the court decree or order, power of attorney, custodial instrument of designation, trust document, payee representative certification, assignment to funeral establishment, or notice of tax levy; or (2) any additional information that the Board required in order to execute the payment. *History: Ord. 26-553* *History: Ord. 72-237* *History: Ord. 75-1058* *History: Ord. 04-882* #### § 12 Recovery of overpayments. Balt., Md., Code art. 22, § 12 (2026) If the Board of Trustees determines that a member or beneficiary has received from this System benefit payments that exceed the amount to which the member or beneficiary was entitled, the Board must take all necessary steps to recover the overpayment. *History: Ord. 26-553* *History: Ord. 74-552* *History: Ord. 75-1058* *History: Ord. 16-488* #### § 13 Limitation of other statutes. Balt., Md., Code art. 22, § 13 (2026) (a) No other provision of any local law or ordinance which provides wholly or partly at the expense of the City of Baltimore for pensions or retirement benefits for employees of the said City, their widows or other dependents, shall apply to members or beneficiaries of the retirement system established by this subtitle, their widows or other dependents, except as to membership in and benefits from the Social Security System, established by the Act of Congress known generally as “The Social Security Act of 1935”, as amended from time to time. Members of the Police Department in the service at the time this subtitle takes effect who elect not to join the Retirement System created herein shall be entitled to pensions for themselves, their widows or dependents, under existing laws, as if this subtitle had not been passed. (b) (c) All provisions of law inconsistent with the provisions of this subtitle are hereby repealed to the extent of such inconsistency. *History: Ord. 26-553* *History: Ord. 58-1387* *History: Ord. 22-125* #### § 14 Social Security Act. Balt., Md., Code art. 22, § 14 (2026) The enrollment in and membership of any members of the Retirement System in the Social Security System, for benefits under the Act of Congress known generally as “The Social Security Act of 1935”, as amended from time to time, shall at all times be separate and apart from and in addition to their membership in and benefits from the Retirement System; and such enrollment and membership in the Social Security System shall in no way impair, decrease or adversely affect any of the existing rights, benefits or expectancies of the members of the Retirement System. Any plan submitted for the Mayor and City Council of Baltimore by or on behalf of the Retirement System to the State agency provided for in Title 36 {“Social Security Benefits”} of the State Personnel and Pensions Article for such enrollment and membership for the members of the Retirement System, shall include a stipulation that such action is being taken and will be continued with full regard for and observance of the provisions of this section. *History: Ord. 58-1387* #### § 15 Administrative appeal; Judicial review. Balt., Md., Code art. 22, § 15 (2026) (a) (1) Any person aggrieved by a determination made or action taken with respect to a person’s eligibility for membership in or benefits under this System may appeal that determination or action to the Board of Trustees. (2) A notice of appeal must be filed with the Board within 1 year of the determination or action in question. (3) (i) On receipt of a notice of appeal, the Board must hold a hearing on the appeal as soon as administratively practicable. (ii) Except as otherwise provided in this subsection or, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, by rule or regulation of the Board: (A) the hearing must be conducted in an orderly but informal manner; and (B) formal rules of evidence and trial procedures do not apply. (4) (i) The person filing the appeal may be represented by counsel at the hearing. (ii) This System will be represented by the City Solicitor or the Solicitor’s designee. (5) All witnesses testifying at the hearing must do so under oath or by affirmation, subject to the penalties of perjury. (6) (i) As soon as administratively practicable after the hearing, the Board must render its decision and notify the person filing the appeal of that decision. (ii) In its decision, the Board may affirm, modify, or reverse the determination or action from which the appeal was taken. (b) (1) A party aggrieved by a final decision of the Board of Trustees under subsection (a) of this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 16-488* *History: Text Conformed 02/22/21* #### § 16 Additional opportunity for Class A and Class B members to obtain credit for service and prior service. Balt., Md., Code art. 22, § 16 (2026) (a) Any person who is a member of the Employees’ Retirement System and who did not receive service credit in the Employees’ Retirement System or the Maryland State Retirement System for any previous employment either as a temporary, provisional, contract, emergency or similar employee, or as an official of the City of Baltimore or of the State of Maryland, which employment ripened into regular and permanent employment with essentially the same duties which the employee was performing prior to obtaining such permanent status, shall be entitled to receive service credit for such pre-enrollment or pre-membership employment. Any person who is a member of the Employees’ Retirement System and who did not receive service credit in the Employees’ Retirement System or the Maryland State Retirement System for any previous regular and permanent employment, as an employee of the City of Baltimore or the State of Maryland, shall be entitled to receive service credit for such pre-enrollment or pre-membership employment. To obtain such credit the member shall file claim therefor with the Board of Trustees within 6 months after December 1, 1975, and shall pay to the Retirement System by a single payment or by an increased rate of contribution, as may be approved by the Board of Trustees, the contributions, with regular interest, which he would have paid had he been a member of the Employees’ Retirement System of the City of Baltimore or the Maryland State Retirement System while such pre-enrollment or pre-membership employment was rendered, and that this payment shall be completed at least 90 days before the effective date of the member’s retirement. After December 1, 1975, those existing employees who are not members of the Retirement System and who join after December 1, 1975, shall be entitled to make application to purchase any pre-enrollment or pre-membership employment credit during the period expiring 6 months after becoming a member. All persons who become new employees of the City of Baltimore after the effective date of this ordinance shall not be entitled to any credit for pre-enrollment or pre-membership employment if they have failed to join the Retirement System within 6 months of entering such employment. Any pre-membership or pre-enrollment payments which have in the past been recorded for a member as service credit under the Retirement System shall continue to be recognized as service credit entitling the member to all of the benefits under this subtitle. (b) Any person who is now a member of the Employees’ Retirement System, and who at any time in the past was a member of the Employees’ Retirement System, having previously left City employment and withdrawn the contributions which he had previously made to this system, shall be entitled to receive service credit for such previous membership; provided that at any time after the completion of 6 months of continuous service since last becoming a member of the Employees’ Retirement System, he shall file a claim with the Board of Trustees and shall pay to the Employees’ Retirement System by a single payment or by an increased rate of contribution, as may be approved by the Board of Trustees, the contributions which he had previously withdrawn from this system, together with interest from the date of withdrawal to the date that the redeposit is completed, and that this payment shall be completed at least 90 days before the effective date of the employees’ retirement. Service shall be credited pro rata at the time each payment for such service is made. (c) All purchases of service credit for membership in other retirement systems in Maryland and all transfers of service for membership credits between retirement systems in Maryland shall be subject to the pertinent provisions contained in the State Personnel and Pensions Article and other applicable provisions of the Maryland Code and shall include any future amendments thereto of the State law pertaining to pensions. (d) Notwithstanding anything to the contrary contained in this subtitle, any non-City employee of the Baltimore Museum of Art who became a member of the Employees’ Retirement System of Baltimore City during the month of February, 1977, and who did not receive service credit in the Employees’ Retirement System or the Maryland State Retirement System for any previous employment either as a temporary, provisional, contract, emergency or similar employee, or as an official of the City of Baltimore or of the State of Maryland, which employment ripened into regular and permanent employment with essentially the same duties which the employee was performing prior to obtaining such permanent status, shall be entitled to receive service credit for such pre-enrollment or pre-membership employment. Any person who is a member of the Employees’ Retirement System and who did not receive service credit in the Employees’ Retirement System or the Maryland State Retirement System for any previous regular and permanent employment as a non-City paid employee of the Baltimore Museum of Art or as an employee of the City of Baltimore, or the State of Maryland, shall be entitled to receive service credit for such pre-enrollment or pre-membership employment. To obtain such credit the member shall file claim therefor with the Board of Trustees of the Employees’ Retirement System within 90 days after the effective date of this ordinance, and shall pay to the Employees’ Retirement System, by a single payment or by an increased rate of contribution, as may be approved by the Board of Trustees of the Employees’ Retirement System, the contributions, with regular interest, which the member would have paid had the member been a member of the Employees’ Retirement System of the City of Baltimore or the Maryland State Retirement System while such pre-enrollment or pre-membership employment was rendered, and this payment shall be completed at least 90 days before the effective date of the member’s retirement. (e) Any Class A or Class B member shall be entitled to purchase service credit for any employment or membership service earned by regular and permanent employment with the City of Baltimore regardless of retirement or pension system membership, provided: (1) the employment or service did not result in the member’s being entitled to any current or future benefits for such employment or service in such other retirement or pension system; and (2) the Class A or Class B member pays to the Employees’ Retirement System by a single payment the employee’s contribution equal to the current salary of the employee in the year of purchase multiplied by the employees’ contribution rate of 5%, if the purchase is made prior to July 1, 1992, or by the employees’ contribution rate of 4%, if the purchase is made after June 30, 1992, multiplied by the number of years or part of a year being purchased; plus, the employer’s contribution equal to the current salary of the employee in the year of purchase multiplied by the employer rate for the normal cost multiplied by the number of years or part of a year being purchased. (3) In addition, any Class A or Class B member shall be entitled to purchase service credit for the member’s pre-enrollment or pre-membership employment with the City of Baltimore under the same conditions as § 16(e)(2) above. If a member purchases service credit as described above, and thereafter dies or leaves City employment for any reason with or without any vested benefit due to the member or member’s beneficiary under the provisions of this subtitle, then the member or the beneficiary shall be entitled to receive in lieu of any other benefit under the provisions of the Employees’ Retirement System of Baltimore City, a lump sum equal to the total amount paid by the member for such purpose, plus interest at the rate of 5½% per year. (f) (1) Notwithstanding anything to the contrary contained herein, any previous service credited with a retirement system of the State of Maryland and/or its subdivisions which was repurchased prior to March 25, 1988, by any member or retiree, who was a member of the Employees’ Retirement System before July 1, 1979, shall be deemed to be a valid credit of service in this system for such member or retiree. (2) Notwithstanding anything to the contrary contained herein, beginning March 25, 1988, any previous service credited with a retirement system of the State of Maryland and/or its subdivisions may be repurchased by any member, who was a member of the Employees’ Retirement System, before July 1, 1979, by paying to the Employees’ Retirement System by a single payment or by an increased rate of contribution, the contributions which he had previously withdrawn from the retirement systems of the State of Maryland and/or its subdivisions, together with interest from the date of withdrawal to the date that the repurchase is completed. Service shall be credited pro rata at the time each payment for such service is made. (3) Notwithstanding anything to the contrary contained herein, beginning March 25, 1988, any previous service credited with a retirement system of the State of Maryland and/or its subdivisions may be repurchased by any member, who was a member of the Employees’ Retirement System before July 1, 1979, and who retired on or after March 25, 1988, and before March 31, 1989, from this system by paying to the Employees’ Retirement System by a single payment which shall be completed prior to June 30, 1989, the contributions which he had previously withdrawn from the retirement systems of the State of Maryland and/or its subdivisions, together with interest from the date of withdrawal to the date that the repurchase is completed. Upon completion of the repurchase, the retiree will receive credit for such additional service and will be entitled to receive retroactive to his original date of retirement any additional retirement benefits which become due or payable. *History: Ord. 43-912* *History: Ord. 53-819* *History: Ord. 54-1039* *History: Ord. 56-215* *History: Ord. 57-1102* *History: Ord. 58-1746* *History: Ord. 59-126* *History: Ord. 74-552* *History: Ord. 75-1058* *History: Ord. 78-900* *History: Ord. 79-1055* *History: Ord. 87-1152* *History: Ord. 89-233, Ord. 92-086* #### § 17 Post-retirement benefit increases to certain retirees and beneficiaries. Balt., Md., Code art. 22, § 17 (2026) This section applies only to post-retirement benefit increases determined before July 1, 2007. Each retired member or beneficiary (Classes A, B, and C) who is receiving periodic benefits from the Retirement System may be eligible for an increase in the amount of those periodic benefits subject to the following provisions. (a) (1) For increases determined as of or before June 30, 1995, each member who has retired from active service, whether before or after the effective date of this ordinance, and each beneficiary of a deceased member who is or will be receiving periodic retirement benefits, whether before or after the effective date of this ordinance, and who receives periodic benefit payments for 2 or more years may be eligible for an increase in such periodic benefit determined according to this § 17. Such 2-year period shall be calculated commencing with the effective date of the 1st retirement benefit payment paid to either the retired member or the beneficiary of a deceased member and shall be determined on June 30 of each year commencing with June 30, 1983. Years retired as a beneficiary of a former retired member shall include the years that the member was retired. Eligible members and beneficiaries are also referred to herein as “persons”. (2) For increases determined as of June 30, 1996, and as of any subsequent June 30 determination date, each member who has retired from active service, whether before or after the effective date of this ordinance, and each beneficiary of a deceased member who is or will be receiving periodic retirement benefits, whether before or after the effective date of this ordinance, and who is receiving periodic benefit payments as of the June 30 determination date may be eligible for an increase in the periodic benefit determined according to this § 17. Eligibility for this increase shall be calculated commencing with the effective date of the 1st retirement benefit payment paid to either the retired member or the beneficiary of a deceased member and shall be determined on the June 30 determination date of each year, commencing with June 30, 1996. A beneficiary of a former retired member is eligible to receive any percentage increase under this section that the retired member was eligible to receive. Eligible members and beneficiaries are also referred to herein as “persons”. (3) (i) This paragraph (3) applies to members who are no longer employed in a permanent full-time or permanent part-time position with the City and were either: 1. members of this system who were eligible to retire but chose to postpone receipt of retirement benefits to begin employment in a position covered by another City system; or 2. retirees who were receiving retirement benefits from this system but chose to suspend receipt of those benefits to begin employment in a position covered by another City system. (ii) Pursuant to § 48 of this article and notwithstanding the waiting period required by this section, members described in subparagraph (i) of this paragraph (3), on ceasing all permanent full-time and permanent part-time employment with the City, shall receive benefits calculated to include all post-retirement increases, in accordance with the rates of increase set by this system, that the member or retiree would have been eligible to receive as a retiree had retirement benefits not been postponed or suspended. (4) Notwithstanding paragraph (3) of this subsection, former members of this system who ceased all permanent full-time and permanent part-time employment covered by this system, with entitlement to deferred vested pension benefits, and who then chose to begin employment in a position covered by another City system, on vesting and ceasing all permanent full-time and permanent part-time employment with the City, shall receive benefits calculated to include only those post-retirement increases that the member otherwise would have been eligible to receive under paragraph (2) of this subsection from the commencement of the former member’s actual receipt of vested benefits pursuant to §§ 6(a)(12) and 9(l) of this article. (b) As of the end of each fiscal year, a determination shall be made of the amount of increase (if any) of retirement benefit payments which may be payable to eligible persons. The amount of retirement benefit increase shall be calculated with reference to excess investment earnings of the Annuity Reserve Fund and the Pension Reserve Fund only, and according to the method described in subsection (c) below. After determination of the amount of excess investment earnings available for retirement benefit increases, such excess investment earnings shall be allocated to eligible retired members and beneficiaries according to the following method. The percentage which the benefits shall be increased shall be determined by the actuary as the amount that the investment earnings determined in subsection (c) below would be sufficient to fund on a single premium paid up annuity basis using the actuarial valuation assumptions on the June 30 preceding the effective date of the increase. (i) Effective as of January 1, 1984, an increase may be payable to each retiree or beneficiary eligible pursuant to subsection (a) of this section as of June 30, 1983. (ii) Until the benefit increase objectives set forth in paragraph (iii) below have been met, the allocation to eligible persons shall be made with reference to the number of full continuous years that each person has been receiving retirement benefits from this plan and the amount of each person’s benefit being paid as of June 30, 1983. A percentage factor will be determined by the actuary to increase benefits to those eligible. The percent increase in an eligible member’s or beneficiary’s benefit will equal the percentage factor times full years which the member or beneficiary has been receiving benefits. No fractional years will be used. (iii) The allocation method set forth in paragraph (ii) above shall apply only until the following benefit increase objectives have been met:
Date benefit payments began Percent increase
7/1/80 - 6/30/81 1%
7/1/79 - 6/30/80 2%
7/1/78 - 6/30/79 3%
7/1/77 - 6/30/78 4%
7/1/76 - 6/30/77 5%
7/1/75 - 6/30/76 6%
7/1/74 - 6/30/75 7%
7/1/73 - 6/30/74 8%
7/1/72 - 6/30/73 9%
7/1/71 - 6/30/72 10%
7/1/70 - 6/30/71 11%
7/1/69 - 6/30/70 12%
7/1/68 - 6/30/69 13%
7/1/67 - 6/30/68 14%
7/1/66 - 6/30/67 15%
7/1/65 - 6/30/66 16%
7/1/64 - 6/30/65 17%
7/1/63 - 6/30/64 18%
7/1/62 - 6/30/63 19%
before 7/1/62 20%
After the above objectives have been met, the allocation of new excess investment earnings shall be made without reference to the number of years any member or beneficiary has been receiving benefits. The allocation to eligible persons shall then be made by the actuary on an equal percentage basis. (iv) For each June 30 after June 30, 1983, the determination of the amount of excess investment earnings and allocation of such earnings to eligible persons shall be calculated using the appropriate method outlined in paragraph (ii) or (iii) above with the amount of distribution and the allocation of such amount being calculated as of the end of the fiscal year, with any increase to commence effective as of the following January 1. The benefit increase payable pursuant to this section shall be payable in the same form as the basic benefit being received by the eligible person. (c) (1) Notwithstanding § 7 as it applies to excess earnings, the amount of excess investment earnings available as of each June 30 (prior to June 30, 1993) for an increase in benefits will be equal to the product of items (i), (ii), and (iii) below. Each item below except for item (ii) under this subsection (c) is determined as of each June 30 beginning with June 30, 1983, and any benefit increase shall become effective as of the following January 1. Item (ii) below is determined as of the June 30 that is 18 months prior to the effective date of the benefit increase, beginning with June 30, 1982. (i) The dollar amount of net excess investment earnings determined on the following basis: Before the Reserve for Book Value is paid off, net excess investment earnings shall be that portion of total fund earnings between 8% and 10½% of average market value, plus ½ of the fund earnings in excess of 10½%. After the Reserve for Book Value is paid off, net excess investment earnings shall be that portion of total fund earnings between 7½% and 10% of average market value, plus ½ of fund earnings in excess of 10%. For purposes of the above calculations, earnings shall be net of expenses and include realized and unrealized gains and losses and all other sources of investment gains and losses as shown in the actuary’s report submitted pursuant to § 5(p). The investment return used in this section shall be based on the annual return as of each June 30, commencing with the year ending June 30, 1983. The average market value for the year shall equal ½ of the market value of the 4 funds as of the beginning of the year plus ½ of the market value of the funds as of the end of the year minus ½ of the earnings during the year. The earnings and market values of the funds for the purpose of this section are assumed to be equal to the values contained in the actuary’s report. (ii) The ratio of the sum of the Annuity Reserve Fund plus the Pension Reserve Fund to the sum of all 4 funds: Annuity Savings Fund, Annuity Reserve Fund, Pension Accumulation Fund, and the Pension Reserve Fund. (iii) ¾ on June 30, 1983 for the initial increase (if any) and ¾ for each subsequent year until a Contingency Reserve Fund has been accumulated according to the following method. The remaining ¼ of excess investment earnings as of June 30, 1983, and each June 30 thereafter shall be set aside as a Contingency Reserve Fund until the value of such fund is at least equal to 2½% of the Annuity Reserve Fund and the Pension Reserve Fund as of the end of the most recent June 30. The Contingency Reserve Fund shall serve as a reserve to insure payment of previously accrued benefit increases for any year in which the Paid-Up Benefit Fund does not meet its interest assumption. While the Board of Trustees may fund increases through the establishment of a Paid-Up Benefit Fund, it shall also have the option of funding any increases through the purchase of annuity contracts from one or more insurance companies. For each year when the Contingency Reserve Fund is not less than 2½% of the Annuity Reserve Fund and the Pension Reserve Fund, the ¾ fraction shall not apply and the amount available to increase benefits shall be the product of items (i) and (ii). (2) Notwithstanding § 7 as it applies to excess earnings, the amount of excess investment earnings available as of each June 30 (on or after June 30, 1993) for an increase in benefits will be equal to the product of items (i), (ii), and (iii), plus items (iv) and (v) below. For increases determined as of or before June 30, 1995, the increase provided by the excess earnings calculated herein shall be a minimum of 1% and a maximum of 5% in any 1 year. For increases determined as of or after June 30, 1996, the minimum increase shall be increased from 1% to 2% whenever the Contingency Reserve Fund shall equal the maximum 2.5% (as described in item (iii) below) as of the June 30 1 year prior to the end of the year in which the current excess investment earnings are derived. Each item below except for item (ii) under this subsection (c)(2) is determined as of each June 30 beginning with June 30, 1993, and any benefit increase shall become effective as of the following January 1. Item (ii) below is determined as of the June 30 that is 18 months prior to the effective date of the benefit increase. (i) the dollar amount of net excess investment earnings determined on the following basis: Net excess investment earnings shall be that portion of total fund earnings between 7½% and 10% of average market value, plus ½ of fund earnings in excess of 10%. For purposes of the above calculations, earnings shall be net of expenses and include realized and unrealized gains and losses and all other sources of investment gains and losses as shown in the actuary’s report. The investment return used in this section shall be based on the annual return of each June 30. The average market value for each year shall equal ½ of the market value of the Annuity Savings Fund, the Annuity Reserve Fund, the Pension Accumulation Fund, and the Pension Reserve Fund as of the beginning of the year plus ½ of the market value of these funds as of the end of the year minus ½ of the earnings during the year. The earnings and market values of these funds for the purpose of this section are assumed to be equal to the values contained in the actuary’s report. (ii) the ratio of the sum of the Annuity Reserve Fund plus the Pension Reserve Fund to the sum of the following 4 funds: Annuity Savings Fund, Annuity Reserve Fund, Pension Accumulation Fund, and the Pension Reserve Fund. (iii) ¾ on June 30, 1993, and ¾ for each subsequent year until a Contingency Reserve Fund has been accumulated according to the following method. The remaining ¼ of excess investment earnings as of June 30, 1993, and each June 30 thereafter shall be set aside as a Contingency Reserve Fund until the value of such fund is at least equal to 2½% of the Annuity Reserve Fund and the Pension Reserve Fund as of the end of the most recent June 30. The Contingency Reserve Fund shall serve as a reserve to insure payment of previously accrued benefit increases for any year in which the Paid-Up Benefit Fund does not meet its interest assumption. While the Board of Trustees may fund increases through the establishment of a Paid-Up Benefit Fund, it shall also have the option of funding any increases through the purchase of annuity contracts from one or more insurance companies. For each year when the Contingency Reserve Fund is not less than 2½% of the Annuity Reserve Fund and the Pension Reserve Fund, the ¾ fraction shall not apply. (iv) any additional amount of funds needed (above those provided by items (i) times (ii) times (iii)) to provide the minimum benefit increase. This amount will be transferred from the Contingency Reserve Fund to the Paid-Up Benefit Fund in the month of the benefit increase, notwithstanding that such transfer creates a deficit or increases an existing deficit in the Contingency Reserve Fund. (v) any net funds provided under items (i) to (iv) above that would result in a variable benefit increase greater than 5%. Such excess funds shall be used to provide an increase in the following years which shall be in addition to the normal variable benefit increase provided the combined increase does not exceed the 5% limit on increases. Carried over excess funds shall not be used to provide the minimum benefit or to offset any prior deficit in item (iv). (d) (i) The existence of a Paid-Up Benefit Fund and a Contingency Reserve Fund is hereby specifically authorized, § 8 to the contrary notwithstanding. (ii) The Paid-Up Benefit Fund shall be the primary fund from which shall be paid all benefit increases provided under this section. The Paid-Up Benefit Fund shall be funded with excess investment earnings consistent with subsection (c) above. For any year in which the investment return of the Paid-Up Benefit Fund exceeds the interest assumption on which the purchase of paid up benefits is based, such excess shall remain in the fund and thereby help insure payment of previously accrued benefit increases. (iii) Prior to June 30, 1993, the Contingency Reserve Fund shall be a reserve to insure payment of previously accrued benefit increases for any year in which the Paid-Up Benefit Fund does not meet its interest assumption. Should there be a deficit in the Paid-Up Benefit Fund, the Board of Trustees shall transfer assets from the Contingency Reserve Fund to the Paid-Up Benefit Fund in order to offset such deficit. The Contingency Reserve Fund shall be funded with excess investment earnings consistent with subsection (c) above. For any year in which the value of the Contingency Reserve Fund is equal to or exceeds 2½% of the Annuity Reserve Fund and the Pension Reserve Fund, earnings on the Contingency Reserve Fund shall be applied by the Board of Trustees in such amount or amounts as they determine (1) to decrease the amount contributed by the City of Baltimore and/or (2) to decrease the period over which the unfunded accrued liability will be amortized. (iv) On and after June 30, 1993, the Contingency Reserve Fund shall be a reserve to insure payment of previously accrued benefit increases for any year in which the Paid-Up Benefit Fund does not meet its interest assumption. In addition, the Contingency Reserve Fund shall be used to provide the minimum benefit consistent with § 17(c) above. Should there be a deficit in the Paid-Up Benefit Fund, the Board of Trustees shall transfer assets from the Contingency Reserve Fund to the Paid-Up Benefit Fund in order to offset such deficit, notwithstanding that such transfer creates a deficit or increases an existing deficit in the Contingency Reserve Fund. The Contingency Reserve Fund shall be funded with excess investment earnings consistent with subsection (c) above. (v) The Board shall have the duty and responsibility of periodically determining investment policies for the Paid-Up Benefit Fund and the Contingency Reserve Fund, and such policies shall be consistent with the limitations set forth in this section. (vi) The Board shall segregate or invest separately the Paid-Up Benefit Fund and the Contingency Reserve Fund. Furthermore, while the Board is empowered to invest and reinvest such funds in any class of investment set forth at § 7, the Board is specifically empowered to invest and reinvest the Paid-Up Benefit Fund and/or the Contingency Reserve Fund in the medium of paid up annuity contracts or guaranteed investment contracts purchased from one or more insurance companies, provided that any such insurance company shall have no less than the highest rating from A.M. Best Company or a comparable company. (e) (i) Any benefit increase provided under this section shall be funded on a single premium paid-up annuity basis. The words “single premium paid-up annuity basis” shall have the common actuarial meaning of spreading the amount available to provide a benefit over the lifetime of an individual in the form of an annuity. It is intended that any such benefit increase shall continue for the lifetime of the eligible member and any beneficiary, consistent with any option elected under § 6 or § 9. The foregoing Contingency Reserve Fund has been established to insure payment of previously accrued benefit increases for any year in which the Paid-Up Benefit Fund does not meet its interest assumption. (ii) Prior to June 30, 1993, the granting of any benefit increase under this section is contingent on the performance of the Retirement System’s investment funds. On and after June 30, 1993, the granting of any benefit increase under the provisions of this section shall be subject to the minimum benefit provided for in § 17(c). The continuation of any benefit increase previously accrued under this section is specifically made contingent on the ability of the Paid-Up Benefit Fund and the Contingency Reserve Fund to provide such benefits in the future. § 10 and § 42 to the contrary notwithstanding, any benefit increase provided under this section shall not become an obligation of the City of Baltimore. In the event of any conflict between § 10 and/or § 42 and this section, the terms of this section shall prevail. (iii) If the performance of the Retirement System’s investment funds causes a decline in the value of the Paid-Up Benefit Fund and the Contingency Reserve Fund, with the result that full benefit increases previously accrued under this section cannot be continued, then the Trustees can reduce or eliminate previously accrued increases on an equal percentage basis, effective as of January 1 following the June 30 on which a deficit exists. An equal percentage reduction shall be made to all benefits granted under this section regardless of when such increases were granted. If the Paid-Up Benefit Fund and the Contingency Reserve Fund should become exhausted or decline in value to the point of having no value, previously accrued increases shall be eliminated in full. Any excess investment earnings available under subsection (c) above in a subsequent year shall be used to provide an increase in benefits without regard to any prior reduction or elimination of benefit increases previously accrued. (f) Any retired member or beneficiary who began receiving periodic retirement benefits prior to June 28, 1991, shall receive a 3% increase in periodic benefits effective July 1, 1992. *History: Ord. 83-953* *History: Ord. 91-777* *History: Ord. 92-086* *History: Ord. 93-263* *History: Ord. 96-006* *History: Ord. 97-168* *History: Ord. 07-422* #### § 17.1 Post-retirement benefit increases on or after July 1, 2007, and before June 30, 2013. Balt., Md., Code art. 22, § 17.1 (2026) (a) This section applies to retirement benefit increases determined on or after July 1, 2007, and before June 30, 2013. (b) In this section, “single-premium paid-up annuity” means the actuarially determined value of a payment stream for the life of a retiree. (c) (1) As of June 30, 2007, and each succeeding June 30, a member or beneficiary that has been on the Retirement System payroll for the purpose of receiving periodic benefit payments for a period of not less than 12 consecutive months shall receive a post-retirement benefit increase beginning in January of the following year. (2) For purposes of this section, a beneficiary of a deceased member is deemed to have been on the Retirement System payroll from the date the deceased member originally joined the payroll. (3) A beneficiary of a former retired member is eligible to receive any percentage increase under this section that the retired member was eligible to receive. (d) (1) “CPI limit” means the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, 1982-84=100, for a fiscal year ending June 30. (2) As of January 1, 2008, and each subsequent January 1, an eligible retiree or beneficiary shall receive an increase in periodic benefits, which shall be calculated as the sum of: (i) a guaranteed increase of 1.5%; and (ii) an earnings increase determined under paragraph (3) of this subsection. (3) (i) The Board of Trustees shall establish a bookkeeping account entitled the Earnings Increase Account for the sole purpose of determining whether an earnings increase is payable. (ii) The establishment of the Earnings Increase Account neither requires nor allows for the segregation of any Retirement System assets. (iii) (A) If the actuary engaged by the Board determines that there is a balance in the Earnings Increase Account as of the preceding June 30, that balance shall be allocated to provide an earnings increase to eligible retired members and beneficiaries, effective as of the following January 1. (B) The earnings increase shall be calculated as a percentage increase that can be provided by the balance in the Earnings Increase Account sufficient to fund a single-premium paid-up annuity, using regular interest after commencement of benefits for valuation purposes on the June 30 preceding the effective date of the increase. (C) The percentage increase calculated under subparagraph (iii)(B) of this paragraph (3) may not exceed an amount that, when added to the guaranteed increase provided under paragraph (2)(i) of this subsection, exceeds the CPI limit. (iv) As of January 1, 2008, and each subsequent January 1, any balance in the Earnings Increase Account resulting from the CPI limit as of the preceding June 30 shall be carried forward in the Account to the next June 30 by crediting the balance with the average annual market value asset rate of return, as determined under subsection (e)(1)(i) of this section. (e) (1) As of July 1, 2007 and each subsequent July 1, a transfer to the Earnings Increase Account will be made in the amount of the positive difference between: (i) 100% of the dollar-weighted average investment return on the market value of assets calculated for a fiscal year ending June 30, up to the regular interest before benefits commence, based on the portion of assets attributable to meet the obligation for participants in pay status; and (ii) the regular interest after benefit payments commence, on the portion of assets attributable to meet the obligation for participants in pay status. (2) (i) In this paragraph (2), “normal cost” means the amount determined annually by the actuary for the funding of benefits earned during a plan year in accordance with the funding method in effect. If an aggregate cost method is in effect, the calculation will use the entry-age normal cost funding method. (ii) Market value of assets attributable to meet the obligation for participants in pay status shall be determined as of June 30 to be equal to the product of: (A) the ratio of present value of benefits for participants in pay status over the present value of benefits for all participant benefits; and (B) the sum of: 1. the market value of assets attributable to participants not in pay; and 2. the present value of future normal cost. (f) (1) The guaranteed benefit increase provided by subsection (d)(2)(i) of this section may not be less than any corresponding guaranteed post-retirement benefit increase provided by the Fire and Police Employees Retirement System to its members. (2) Any benefit increase provided under this section shall be funded as a single-premium paid-up annuity. (3) It is intended that any benefit increase continue for the lifetime of the eligible member and any beneficiary, consistent with any option elected under § 6 or § 9 of this article. (4) The guaranteed benefit increase provided by subsection (d)(2)(i) of this section is effective as of each January 1, regardless of the investment performance of the Retirement System’s investment funds. (5) The post-retirement benefit increase provided by this section shall be payable in the same form as post-retirement benefit payments being received by the eligible person. (6) Each eligible person shall receive an equal percentage additional increase. *History: Ord. 07-422* *History: Ord. 13-144* #### § 17.2 Post-retirement benefit increases on or after June 30, 2013. Balt., Md., Code art. 22, § 17.2 (2026) (a) This section applies to retirement benefit increases determined on or after June 30, 2013. (b) An eligible retiree or beneficiary is entitled to receive a guaranteed increase in periodic benefits equal to the greater of: (1) 1.5%; or (2) the amount of any corresponding guaranteed post-retirement benefit increase provided by the fire and police employees’ retirement system to its members. (c) A retiree or beneficiary is eligible for the benefit increase provided by this section if, as of June 30, 2013, and each succeeding June 30, the retiree and the beneficiary, whether individually or in combination with the other, have been receiving periodic benefit payments for at least 12 consecutive months. (d) An eligible retiree or beneficiary will receive the benefit increase beginning in January of the year following the June 30 on which he or she became eligible. (e) (1) The benefit increase provided by this section shall be funded by this System as a single-premium paid-up annuity, representing the actuarially determined value of a payment stream for the life of a retiree. (2) It is intended that any benefit increase continue for the lifetime of the retiree and any beneficiary, consistent with the option elected under § 6 or § 9 of this subtitle. (3) The guaranteed benefit increase provided by this section is effective as of each January 1, regardless of the investment performance of the Retirement System’s investment funds. (4) The benefit increase provided by this section is payable in the same form as the post-retirement benefit payments being received by the eligible retiree or beneficiary. (5) Except as required by subsection (b)(2) of this section, each eligible retiree and beneficiary shall receive an equal percentage benefit increase. *History: Ord. 13-144* #### § 17.3 Post-retirement benefit increases for Class D members. Balt., Md., Code art. 22, § 17.3 (2026) (a) This section applies to retirement benefit increases for Class D members. (b) Except as otherwise provided in this section, an eligible retiree or beneficiary is entitled to receive a guaranteed increase in periodic benefits equal to the greater of: (1) 1.5%; or (2) the amount of any corresponding guaranteed post-retirement benefit increase provided by the Fire and Police Employees’ Retirement System to its members. (c) A retiree or beneficiary is eligible for the benefit increase specified in subsection (b) of this section if: (1) as of a particular June 30, the retiree and the beneficiary, whether individually or in combination with the other, have been receiving periodic benefit payments for at least 12 consecutive months; and (2) as of the preceding June 30, the Class D funded status, as defined in City Code Article 22A, § 5-3(c)(4)(ii), is 85% or more. (d) (1) If the Class D funded status as of the preceding June 30 is less than 85%, but is 70% or more, the guaranteed increase in periodic benefits under subsection (b) of this section will be reduced to 1% for all eligible retirees and beneficiaries until the June 30 following the first ensuing June 30 as of which the Class D funded status is 85% or more. (2) If the Class D funded status as of the preceding June 30 is less than 70%, the guaranteed increase in periodic benefits under subsection (b) of this section will be reduced to 0% for all eligible retirees and beneficiaries until the June 30 following the first ensuing June 30 as of which the Class D funded status is 70% or more. (e) An eligible retiree or beneficiary will receive the benefit increase beginning in January of the year following the June 30 on which he or she became eligible. (f) (1) The benefit increase provided by this section shall be funded by this System as a single-premium paid-up annuity, representing the actuarially determined value of a payment stream for the life of the retiree. (2) It is intended that any benefit increase continue for the lifetime of the retiree and any beneficiary, consistent with the option in effect under § 9.2(k) {“Method of payment”} of this subtitle. (3) The guaranteed benefit increase provided by this section is effective as of each January 1, regardless of the investment performance of this System’s investment funds. (4) The benefit increase provided by this section is payable in the same form as the post-retirement benefit payments being received by the eligible retiree or beneficiary. (5) Except as required by subsection (b)(2) of this section, each eligible retiree and beneficiary shall receive an equal percentage benefit increase. *History: Ord. 14-216* ### Subtitle 2 – Elected Officials’ Retirement System #### § 17A Definitions. Balt., Md., Code art. 22, § 17A (2026) (1) “Retirement System” shall mean the Elected Officials’ Retirement System of the City of Baltimore as defined in § 18 of this subtitle. (2) “Elected official” shall mean the Mayor, the Comptroller, the President of the City Council and the members of the City Council. (3) “Member” shall mean any person included in the membership of the system as provided in § 19 of this subtitle. (4) “Board of Trustees” shall mean the Board provided in § 21 of this subtitle, to administer the retirement system. (5) “Service” shall mean service as an elected official as described in paragraph (2) of this section, and paid for by the City of Baltimore, while a member of the Elected Officials’ Retirement System; and any service purchased, or repurchased or transferred, by appropriate deposit or redeposit of funds, plus interest, to cover such period, or any service credited under any other section of this subtitle and under Maryland State Law, including any past service rendered as a member of the General Assembly of Maryland. (6) “Beneficiary” shall mean any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subtitle. (7) (i) “Regular interest” for the accumulation of member contributions means: (A) effective on or before December 31, 2016, interest at 5.25% per year, compounded annually; and (B) effective on or after January 1, 2017, interest at 3.0% per year, compounded annually. (ii) “Regular interest” for valuation purposes means: (A) for fiscal years beginning on or before July 1, 2015, interest at 7.25% per year, compounded annually; (B) for fiscal years beginning on July 1, 2016, and on July 1, 2017, interest at 7.0% per year, compounded annually; and (C) for fiscal years beginning on or after July 1, 2018, interest at 6.75% per year, compounded annually. (iii) “Regular interest” for the purposes of determining actuarial equivalents means interest at 4½% per year, compounded annually. (8) “Accumulated contributions” means the sum of all the amounts deducted from the compensation of a member, together with regular interest as provided in paragraph (7) of this section and pursuant to the provisions of §§ 23 and 24 of this subtitle. (9) “Annual earnable compensation” means the annual salary authorized for the highest-paying elected position held by the member. (10) “Annuity” shall mean payments for life derived from the “accumulated contributions” of a member. (11) “Pensions” shall mean payments for life derived from money provided by the City of Baltimore. (12) All retirement allowances or other benefits that are calculated on an annual basis shall be payable for each month in a year. Payments shall be made in periodic installments, as determined from time to time by the Board of Trustees, and the monthly allowance shall be computed by dividing the annual allowance by 12. All retirement dates shall fall on the 1st day of a month. (13) “Retirement” shall mean withdrawal from active service with a retirement allowance or pension granted or deferred under the provisions of this subtitle. However, the deferment of the receipt of the retirement allowance or pension must be at the option of the member and said member must not be on “continued membership”. (14) “Retirement allowance” shall mean the sum of the “annuity” and the “pensions”. (15) “Annuity reserve” shall mean the present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of such mortality tables as shall be adopted by the Board of Trustees, and regular interest. (16) “Pension reserve” shall mean the present value of all payments to be made on account of any pension or benefit in lieu of any pension, computed upon the basis of such mortality tables as shall be adopted by the Board of Trustees, and regular interest. (17) (18) “Actuarial equivalent”, for purposes of determining the amount of an optional retirement benefit under this subtitle, means a benefit of equivalent value when calculated using: (i) regular interest for actuarial equivalent purposes; and (ii) mortality assumptions based on the following tables: (A) for retirements effective on or before June 30, 2016, the UP-84 mortality table with no set forward, except that in the case of disability retirements under this subtitle, the table is set forward 9 years; and (B) for retirements effective on or after July 1, 2016, the RP-2000 mortality tables for males and females set forward 2 years and projected 15 years using 50% of Scale AA and then blended 50% for males and females. (19) “Actuary” shall mean the person or persons designated as hereinafter provided. (20) The male pronoun shall include the female pronoun or vice versa. (21) “Actuarial reserve” shall mean the present value of a benefit due the member, based on such interest and mortality tables as are adopted by the Board of Trustees upon advice of the actuary for the Retirement System. (22) “Minor child” means the child of a member, former member, or retiree who has not attained age 22. (23) “Fiscal year” shall be the 12-month period beginning on July 1 of each year and ending on June 30 of the following year, both these dates included therein, or such alternate dates as shall be mandated by law for the Mayor and City Council. (24) “Present value” means the amount determined using: (i) regular interest for valuation purposes under paragraph (7)(ii) of this section; and (ii) mortality assumptions based on the table in effect under the definition of “actuarial equivalent” in paragraph (18) of this section. *History: Ord. 83-1105* *History: Ord. 91-791* *History: Ord. 92-090* *History: Ord. 93-249* *History: Ord. 98-290A* *History: Ord. 05-173* *History: Ord. 07-422* *History: Ord. 12-044* *History: Ord. 16-488* *History: Ord. 16-576* *History: Ord. 20-459* #### § 18 Name and date operative. Balt., Md., Code art. 22, § 18 (2026) A Retirement System is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances, pensions and other incidental benefits under the provisions of this subtitle for elected officials of the City of Baltimore who become members of this Retirement System. It shall be known as the “Elected Officials’ Retirement System of the City of Baltimore”. The Retirement System so created shall begin operation on the date of passage of this ordinance. However, the benefits and provisions therein shall be applicable only to elected officials after taking the oath in December 1983, for the new term of office, and thereafter. *History: Ord. 83-1105* #### § 19 Membership. Balt., Md., Code art. 22, § 19 (2026) (a) (1) “(An)other City retirement plan defined”. In this section, “(an)other City retirement plan” means: (i) the Fire and Police Employees’ Retirement System of the City of Baltimore; or (ii) the Employees’ Retirement System of the City of Baltimore. (2) An elected official, upon taking the oath of office, shall automatically become a member of this System. (3) An elected official is entitled to purchase credit for prior service as an elected official or other prior City employment, regardless of retirement plan membership, as long as: (i) the provisions of the State Personnel and Pensions Article of the Annotated Code of Maryland governing transfers do not apply; (ii) the prior employment did not result in the elected official’s being entitled to any current or future benefits for that employment in another City retirement plan; and (iii) the elected official pays to this System, by a single payment or periodic payments over a period not to exceed the official’s remaining term of office, an amount equal to: (A) the annual earnable compensation of the elected official in the year of purchase, multiplied by (B) the sum of the employer rate for the normal cost and the member contribution rate under § 24(a) of this subtitle for the year of purchase, multiplied by (C) the number of years, or part of a year, being purchased. (4) (i) An elected official who satisfies the applicable requirements of the State Personnel and Pensions Article of the Annotated Code of Maryland may transfer service from a State or local retirement or pension system within Maryland, including another City retirement plan. (ii) The service so transferred will be credited as service under this System. (b) (1) Except as provided in paragraph (2) of this subsection, an elected official may not make contributions to, receive any pension or retirement benefit from, or accrue any service credit in another City retirement plan while at the same time accruing service credit in this System. (2) Notwithstanding paragraph (1) of this subsection, and pursuant to § 48 of this article, the following may become members of this System and accrue service credit in this System while an elected official: (i) members of another City retirement plan who were eligible to begin receiving retirement benefits from that other plan but who, on becoming an elected official, postponed receipt of those benefits; or (ii) retirees who were receiving retirement benefits form another City retirement plan but who, on becoming an elected official, suspended receipt of those benefits. (c) An elected official who takes the oath of office within one week after the date his or her term of office is deemed to have started under the City Charter (“deemed term start date”) may elect to receive service credit for the period between the deemed term start date and the date he or she took the oath of office and thus became a member of this System. To receive the service credit, the elected official must, by the last day of the month in which he or she leaves office, make a single payment to this System. The amount of the payment will be determined by the System’s actuary and will equal the employee contributions and City contributions that would have been made on the official’s behalf had he or she been a member of this System as of the deemed term start date. *History: Ord. 83-1105* *History: Ord. 91-791* *History: Ord. 97-168* *History: Ord. 16-576* #### § 20 Military service creditable. Balt., Md., Code art. 22, § 20 (2026) (a) (1) This subsection applies only to a member of this system who: (i) on account of military service, as defined in paragraph (8) of this subsection, is on unpaid leave of absence from paid City employment; (ii) does not withdraw any of his or her accumulated contributions, unless he or she redeposits the sum withdrawn as provided under paragraph (2) of this subsection; (iii) within 1 year after he or she leaves military service, or any longer period during which his or her employment rights are protected by federal law, is reemployed by the City of Baltimore as a regular and permanent employee; (iv) does not take any employment, other than employment described in item (iii) of this paragraph or temporary employment after the member: (A) applied for reemployment in his or her former classification or position in the City service; and (B) was refused immediate reemployment for causes beyond his or her control; and (v) applies for service credit with the system. (2) (i) If a member of this system who is absent from employment for military service withdraws any of his or her accumulated contributions and redeposits into the system the sum withdrawn, with regular interest at the rate for the accumulation of member constributions from the date of withdrawal to the date that the redeposit is completed, the member, if otherwise qualified, is entitled to the benefits of this section as if the withdrawal had not been made. (ii) The redeposit of accumulated contributions: (A) may be made by a single payment or an increased rate of contribution; but (B) must be completed before the member’s retirement date. (iii) The redeposit of accumulated contributions shall be credited pro rata at the time each payment is made. (3) Except as otherwise provided in this subsection, a member of this system who is reemployed under paragraph (1)(iii) of this subsection retains the status and rights as a member during a period of absence from employment for military service. (4) A member of this system shall receive service credit for a period of absence from employment while in military service if: (i) the reemployment of the member under paragraph (1)(iii) of this section is paid employment; and (ii) membership in this system is a requirement of that employment. (5) A member of this system who receives service credit for military service under this subsection may transfer the credit to another state or local retirement or pension system. (6) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, a member of this system who is reemployed under paragraph (1)(iii) of this subsection and is otherwise qualified to retain the status and rights of a member during a period of absence from employment for military service, shall be credited with, at the City’s sole account and expense: (A) the contributions, if any, that the City would have made on behalf of the member if the member had not been absent; and (B) the contributions that the member would have made on his or her own behalf if the member had not been absent. (ii) On a member’s terminating City employment, the member is not entitled to withdraw any part of the contributions credited to his or her account under this paragraph, including the annuity portion attributable to City contributions made under this paragraph, except in the case of death while in City service or retirement from City service. (iii) The Board of Trustees shall refund to a member any contributions made to the System during a period of absence from employment for military service when the member is otherwise exempted under this paragraph from paying contributions into the system. (iv) On termination of a member’s employment during or after a leave of absence for military service, the member, member’s beneficiary, or member’s estate is entitled to a refund of the member’s accumulated contributions, plus interest, in lieu of any other system benefit, excluding contributions made by the City under subparagraph (i) of this paragraph. (7) A member of this system, the member’s beneficiary, or the member’s estate is not entitled to line-of-duty disability benefits or line-of-duty death benefits arising from the member’s death or disability during a period that the member is absent from employment for military service. (8) (i) In this subsection, “military service” means any: (A) “service in the uniformed services”, as defined by and interpreted under 38 U.S.C. § 4303(13); or (B) “military service”, as defined by and interpreted under State Personnel and Pension Article §38-101(d); (ii) “Military service” includes active duty, active duty for training, initial active duty for training, and inactive duty training (such as drills), under competent authority, on a voluntary or involuntary basis, in the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service Commissioned Corps, the Army National Guard, the Air National Guard, the Maryland National Guard, as well as the reserve components of each of these services, and any other category of persons designated by the President or the Governor of the State of Maryland in time of war or national or state emergency. (9) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees may adopt rules, resolutions, and regulations to carry out this subsection. (b) (1) Notwithstanding any other provision of this subtitle, on proper application to the Retirement System, credit for military service, as defined in subsection (a) of this section, shall be granted to any member who has served in the military prior to employment with the City. (2) However, a member may not be awarded credit if the member has received credit for a period of military service under any other retirement system, for which retirement benefits have been or will be received by him. This exclusion, however, does not apply to any credit provided through Federal Old-Age and Survivors Insurance (Social Security), or to any benefits provided under Title 3 or Title 10, Chapter 67, §§ 1331 through 1337 of the U.S. Code. (3) The military service credit provided by this subsection may not exceed 3 years. *History: Ord. 83-1105* *History: Ord. 86-768* *History: Ord. 05-173* *History: Ord. 12-044* *History: Text Conformed 02/22/21* #### § 21 Board of Trustees. Balt., Md., Code art. 22, § 21 (2026) (a) The Elected Officials’ Retirement System shall be administered by the Board of Trustees of the Employees’ Retirement System: (1) in the same manner as is provided in § 5 of this article; and (2) subject to the same limitations as are imposed by § 5(b)(5) of this article. (b) All claims shall be administered by the panel of hearing examiners in the same manner as provided in § 9 of this article for members of the Employees’ Retirement System. *History: Ord. 83-1105* *History: Ord. 86-768* *History: Ord. 05-173* *History: Ord. 11-566* #### § 22 Benefits. Balt., Md., Code art. 22, § 22 (2026) (a) (1) (i) An elected official who first became a member on or before December 5, 2016, is entitled to receive, commencing on the 1st day of the month following his or her retirement, a service retirement benefit, calculated as provided in paragraph (3)(i) of this subsection, if the member has: (A) at least 12 years of service and attained age 50; or (B) at least 16 years of service. (ii) An elected official who first became a member on or after December 6, 2016, is entitled to receive, commencing on the 1st day of the month following his or her retirement, a service retirement benefit, calculated as provided in paragraph (3)(i) of this subsection, if the member has at least 12 years of service and attained age 55. (2) Prior to receiving a service retirement benefit, a member must: (i) file the appropriate application with the Board of Trustees, in the form and containing the information that the Board requires; and (ii) specify on the form the date, which is not less than 30 days nor more than 90 days after the date of filing the application, on which the member desires his or her benefits to commence. (3) (i) (A) Subject to sub-subparagraph (B) of this subparagraph (i), the annual service retirement benefit of an elected official is equal to 2.5% of the member’s annual earnable compensation at retirement multiplied by his or her years of service. (B) For an elected official who first became a member on or after December 6, 2016, the annual service retirement benefit may not exceed 60% of the member’s annual earnable compensation at retirement. (ii) This benefit shall consist of: (A) an annuity equal to the actuarial equivalent of the member’s accumulated contributions at his or her retirement; and (B) a pension, equal to the annual service retirement benefit less the annuity described in sub-subparagraph (A) of this subparagraph (ii). (b) (1) A member shall be retired on a non-line-of-duty disability retirement if: (i) the member has acquired at least 5 years of service, as determined by the Board of Trustees; and (ii) a hearing examiner determines that: (A) the member is mentally or physically incapacitated from the further performance of his or her duties as an elected official of Baltimore City; (B) the incapacity is likely to be permanent; and (C) the member does not qualify under subsection (c) of this § 22 for a line-of-duty disability retirement. (2) To retire under this subsection (b), a member must: (i) apply to the Board of Trustees, on a form approved by the Board; and (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment. (3) A non-line-of-duty disability retirement under this subsection takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the first day following the member’s last day of City employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective 30 days after the date on which the Board received a completed application. (4) Upon being awarded a retirement benefit under this subsection (b), a member is entitled to receive an annual maximum retirement allowance equal to the greater of: (i) the member’s annual maximum service allowance as described in subsection (a)(3) of this section; or (ii) a retirement allowance totaling 25% of the member’s current annual earnable compensation. (c) (1) A member shall be retired on a line-of-duty disability if a hearing examiner determines that: (i) the member is totally and permanently incapacitated from the further performance of his or her duties as an elected official of Baltimore City; and (ii) the member was injured: (A) as the natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place; and (B) without willful negligence on the part of the member. (2) To retire under this subsection (c), a member must: (i) apply to the Board of Trustees, on a form approved by the Board; (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment. (3) A non-line-of-duty disability retirement under this subsection takes effect as follows: (i) if the member applied for disability retirement before terminating City employment, the retirement is effective as of the first day following the member’s last day of City employment; and (ii) if the member applied for disability retirement after terminating City employment, the retirement is effective 30 days after the date on which the Board received a completed application. (4) Upon being awarded a retirement benefit under this subsection (c), a member is entitled to receive a maximum retirement allowance consisting of: (i) an annuity equal to the actuarial equivalent of the member’s accumulated contributions at the time of retirement; plus (ii) a pension equaling 66.667% of the member’s current annual earnable compensation. (d) (1) (i) An elected official who first became a member on or before December 5, 2016, is entitled to receive, commencing on the 1st day of the month immediately following his or her 50th birthday, a deferred vested retirement benefit, if the member has: (A) at least 12 years of service but less than 16 years of service; (B) left office before attaining age 50; and (C) after leaving office, elected not to withdraw his or her accumulated contributions with this System. (ii) An elected official who first became a member on or after December 6, 2016, is entitled to receive, commencing on the 1st day of the month immediately following his or her 55th birthday, a deferred vested retirement benefit, if the member has: (A) at least 12 years of service; (B) left office before attaining age 55; and (C) after leaving office, elected not to withdraw his or her accumulated contributions with this System. (2) Prior to receiving a deferred vested retirement benefit, a member must: (i) file the appropriate application with the Board of Trustees, in the form and containing the information that the Board requires; and (ii) specify on the form the date, which is not less than 30 days nor more than 90 days after the date of filing the application, on which the member desires his or her benefits to commence. (3) The deferred vested retirement benefit is equal to the member’s accrued service retirement benefit, as calculated under subsection (a)(3) of this section. (4) (i) This paragraph will apply to a member who: (A) satisfies the requirements for a deferred vested retirement benefit under paragraph (1) of this subsection; and (B) dies before filing an application under paragraph (2) of this subsection. (ii) On the member’s death, his or her accumulated contributions, including regular interest to the date of death, will be paid: (A) to the member’s designated beneficiary; (B) if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse; (C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; (D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and (E) otherwise, to the member’s estate. (iii) Any beneficiary or estate receiving benefits under this paragraph (4) is not entitled to any other benefit under this section. (e) (1) (i) Any member eligible to receive a retirement allowance under subsections (a), (b), (c) or (d) of this section is entitled to receive an annual maximum benefit without actuarial modification. (ii) On receipt of proper proof of death of a retired member receiving the maximum benefit, the Board of Trustees shall pay an amount equal to 40% of the retired member’s retirement allowance as of the date of the retired member’s death, to one of the following beneficiaries: (A) if the retired member is survived by a spouse to whom the retired member was married for at least 1 year immediately before the retired member’s retirement date, the benefit shall be paid to the surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or (B) if there is no qualifying surviving spouse or if the surviving spouse remarries before age 70 or dies, then the benefit shall be paid to the retired member’s minor children, in equal shares, to continue until the children are no longer minors, as defined in § 17A(22) of this article. (iii) For purposes of this paragraph (1), when a retired member’s child is no longer a minor and consequently ceases to receive benefits under this paragraph (1), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the youngest child is no longer a minor. (2) (i) Instead of the allowance provided for in paragraph (1) of this subsection, a member who is entitled to receive a retirement allowance from this system may elect to receive a lesser retirement allowance for life from among the options set forth in subparagraphs (ii) through (v) of this paragraph (2). The lesser optional retirement allowance that the retired member will receive, when combined with the optional survivorship benefit selected by the retired member, will equal the actuarial equivalent of the retired member’s maximum retirement allowance computed as of the retired member’s retirement date. (ii) (A) As soon as administratively practicable after the death of a retired member who elected this reserve guarantee option, the balance of the present value of the retired member’s benefit at retirement, after deducting the total amount of periodic payments received by the retired member during his or her lifetime, shall be paid in the form of a lump-sum cash payment as follows: 1. to the retired member’s designated beneficiary; or 2. if no beneficiary has been designated or if the designated beneficiary predeceases the retired member, to the retired member’s estate. (B) A member who elects this option may change his or her designated beneficiary at any time throughout the member’s retirement. (iii) (A) On the retired member’s death, the member’s designated beneficiary will receive a lifetime benefit of either, as elected by the member: 1. 100% of the periodical allowance the retired member was receiving at the time of death; or 2. 50% of the periodical allowance the retired member was receiving at the time of death. (B) Within 30 days of the retired member’s retirement date, the retired member may elect to change the designated beneficiary for benefits under this subparagraph (iii). (C) If the designated beneficiary predeceases the retired member while still within 30 days of the retirement date, the retired member may designate a new beneficiary within 30 days of the designated beneficiary’s death. (D) If the designated beneficiary predeceases the retired member while within 30 days of the retirement date and the retired member does not designate a new beneficiary within 30 days of the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date: 1. the retired member continues to receive a lesser retirement allowance under this survivorship option; 2. no new beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable. (iv) (A) On the retired member’s death, the member’s designated beneficiary will receive a lifetime benefit of either, as elected by the member: 1. 100% of the periodical allowance the retired member was receiving at the time of death; or 2. 50% of the periodical allowance the retired member was receiving at the time of death. (B) Within 30 days of the retired member’s retirement date, the retired member may elect to change the designated beneficiary for benefits under this subparagraph (iv). (C) If the designated beneficiary predeceases the retired member while still within 30 days of the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death. (D) If the designated beneficiary predeceases the retired member while within 30 days of the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date: 1. the retired member receives the maximum retirement allowance, effective from the 1st day after the death of the designated beneficiary; 2. no other beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable, whether under this survivorship option or the maximum retirement allowance. (v) (A) On the retired member’s death, the member’s designated beneficiary will receive, as elected by the member before the member’s retirement date: 1. a specific lump-sum amount; or 2. a specific periodical allowance, payable to the designated beneficiary for life. (B) This pre-determined benefit must be approved, at the time of the member’s retirement, by the Board of Trustees pursuant to the recommendation of the system’s actuary. (C) Within 30 days of the retired member’s retirement date, the retired member may elect to change the designated beneficiary for benefits under this subparagraph (v). (D) If the designated beneficiary predeceases the retired member while still within 30 days of the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death. (E) If the designated beneficiary predeceases the retired member while within 30 days of the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date: 1. the retired member continues to receive a lesser retirement allowance under this survivorship option; 2. no other beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable. (3) (i) Any retired member may elect to make the changes authorized in this paragraph (3) on or before the later of: (A) the 30th day after the retired member’s retirement date; or (B) if the retired member’s designated beneficiary predeceases the retired member while within 30 days of the retirement date, the 30th day after the designated beneficiary’s death. (ii) Within the periods specified, a retired member may elect to change: (A) the retired member’s maximum allowance under paragraph (1) of this subsection to any one of the actuarially modified retirement allowances under paragraph (2) of this subsection; (B) the retired member’s election for an actuarially modified retirement allowance under paragraph (2) of this subsection to the maximum allowance under paragraph (1) of this subsection; or (C) the retired member’s election for one actuarially modified retirement allowance under paragraph (2) of this subsection to any other of the allowances under paragraph (2) of this subsection. (iii) Any payments made to a retired member under the original election shall be taken into account in computing the allowance to be paid under the subsequent election. (f) (1) This subsection (f) applies to a member who dies while serving as an elected official for Baltimore City, but whose death does not qualify under subsection (g) as a line-of-duty death. (2) (i) On receipt of a written application and proper proof of the death of a member in service, the Board of Trustees shall pay the lump-sum amount provided in this paragraph (2), but only if no benefits are paid under paragraph (3) of this subsection. (ii) The lump-sum payment shall consist of: (A) the member’s accumulated contributions; plus (B) if the member has acquired 1 or more years of service, 50% of the member’s current annual compensation on the date of the member’s death. (iii) The lump-sum amount shall be paid: (A) to the member’s designated beneficiary; (B) if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse; (C) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; (D) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and (E) otherwise, to the member’s estate. (3) (i) If the member was eligible for a service retirement allowance on the date of the member’s death and a proper application is filed under subparagraph (iv) of this paragraph (3), the Board of Trustees shall pay a benefit equal to that which would have been paid to a surviving beneficiary under the 100% survivorship benefit of subsection (e)(2)(iii)(A)1 of this section had the member elected that survivorship benefit in favor of that beneficiary and retired as of the date of death. (ii) The benefit shall be paid: (A) to the member’s designated beneficiary, to continue for life, as long as that designated beneficiary is limited to: 1. the member’s surviving spouse to whom the member was married for at least 1 year immediately before the date of the member’s death; or 2. the member’s surviving parent; or (B) if the designated beneficiary is not the member’s spouse and the beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for life, if the member was married to that spouse for at least 1 year immediately before the date of the member’s death. (iii) If a member files with the Board of Trustees a written designation that names someone other than a spouse or parent as beneficiary, and if that beneficiary does not predecease the member, the benefits of this paragraph (3) are not available to the surviving spouse or parent of the member. (iv) The benefit provided by this paragraph (3) is in place of all benefits provided under paragraph (2) of this subsection. (v) To receive the benefit provided under this paragraph (3), the surviving spouse or parent must apply in writing, on forms provided by the Board of Trustees, within 60 days after the death of the member. (4) The amounts that would have been paid under this subsection (f), excluding membership contribution accounts, with interest, forever remain assets of the system if: (i) a member dies without designating a beneficiary; (ii) that member has no heirs, as enumerated in §§ 3-102 through 3-104 of the Estates and Trusts Article of the Maryland Code; and (iii) no estate for that member is opened within 2 years of the member’s death. (5) (i) Except as specified in subparagraph (ii) below, this paragraph (5) applies to: (A) a retired member who: 1. has been granted a retirement under subsection (a), (b), (c), or (d) of this section; 2. dies within 30 days of his or her retirement date; and 3. does not die from injuries that caused or contributed to the member being awarded a retirement pursuant to subsection (c) of this section; or (B) a retired member who: 1. retires before reaching age 50; 2. when applying for retirement, elects to postpone receipt of his or her retirement allowance until age 50 pursuant to subsection (k) of this section; and 3. dies within 30 days after reaching age 50. (ii) This paragraph does not apply to a former member who terminates employment before reaching age 50 without immediate entitlement to retirement benefits. (iii) Any retired member described in subparagraph (i) of this paragraph (5) is deemed to have died while serving as an elected official of Baltimore City and, instead of any other service or disability benefits under this system, a death benefit under this subsection (f) will be paid as if the retired member died during active service. (iv) Any pension benefits paid by this system and received by the retired member or former member before he or she died shall be offset against the death benefits payable under this paragraph. (g) (1) This subsection applies only to a member: (i) who dies while a member of this system; and (ii) whose death has been determined by a hearing examiner to have occurred: (A) from the natural and proximate result of the actual performance of duty; and (B) without willful negligence on the part of the member. (2) (i) On the receipt of a written application, proper proof of death, and an award by a hearing examiner of a line-of-duty death benefit, the Board of Trustees shall pay: (A) the member’s accumulated contributions: 1. to the member’s designated beneficiary; 2. if there is no designated beneficiary, or if the designated beneficiary predeceases the member, to the member’s surviving spouse; 3. if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; 4. if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and 5. otherwise, to the member’s estate; and (B) a pension of 100% of the member’s current annual compensation on the date of the member’s death: 1. to the member’s surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; 2. if there is no surviving spouse or if the surviving spouse remarries before age 70 or dies, to the member’s minor children to be paid to each child, in equal shares, until that child is no longer a minor, as defined in § 17A(22 ) of this article; 3. if there is no surviving spouse or minor children, to either or both of the member’s surviving dependent parents who are designated beneficiaries, to continue for life, in the percentages designated by the member; or 4. if there is no surviving spouse or minor children and if the deceased member did not designate his or her surviving parents as beneficiaries, then to either or both of the member’s surviving dependent parents, to continue for life, as the Board of Trustees in its discretion directs. (ii) For purposes of subparagraph (i)(B)3. of this paragraph (2), “dependent” means the level of dependency required by Internal Revenue Code § 152. (iii) For purposes of this paragraph (2), when a member’s child is no longer a minor and consequently ceases to receive benefits under this paragraph (2), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor. (iv) For purposes of this paragraph (2), where a member’s line-of-duty death benefit is paid to both of the member’s surviving parents and one parent dies, the remaining parent shall then begin receiving, in addition to his or her existing benefit, the benefit formerly paid to the deceased parent. (3) (i) This paragraph (3) applies to any member who: (A) has been granted a retirement under subsection (c) of this section; (B) elects to receive maximum benefits or a lesser retirement allowance with actuarial modification; and (C) dies from injuries that caused or contributed to the member being awarded a retirement pursuant to subsection (c) of this section. (ii) A member described in subparagraph (i) of this paragraph (3) is considered, for purposes of paragraph (1)(i) of this subsection, to have died as a member in service. To the extent to which they are entitled, the beneficiaries of the member shall receive line-of-duty death benefits under paragraph (2) of this subsection (g). (iii) Any accumulated contributions payable to the designated beneficiary of a member whose death is governed by this paragraph (3) shall be reduced by the amount of annuity payments that the deceased member previously received through a line-of-duty disability retirement allowance. (4) The amounts that would have been paid under paragraph (2) of this subsection (g), excluding membership contribution accounts, with interest, forever remain assets of the system if: (i) a member dies without designating a beneficiary; (ii) that member has no heirs, as enumerated in §§ 3-102 through 3-104 of the Estates and Trusts Article of the Maryland Code; and (iii) no estate for that member is opened within 2 years of the member’s death. (h) (1) This subsection applies to an employee or the beneficiary of an employee who: (i) on account of a disability or death, was awarded a benefit paid by the City under the State Workers’ Compensation Law; and (ii) on account of the same disability or death, was awarded a disability or death benefit from this system. (2) A member or beneficiary described in paragraph (1) of this subsection (h) shall have the full amount of his or her Workers’ Compensation benefit offset against any disability or death benefit payable from this system until the total amount of the Workers’ Compensation benefit has been recovered. This offset shall be calculated using an actuarial method and appropriate annuity factors recommended by the system’s actuary and approved by the Board of Trustees. (3) On recovery of the full dollar amount of the Workers’ Compensation benefit through the offset described in paragraph (2) of this subsection (h), the reduced disability or death benefit payable to a member or beneficiary of a deceased member of this system shall be increased to the full, unreduced amount of the disability or death benefit payable to the member or beneficiary, as appropriate. (i) Any member who ceases to serve as an elected official of Baltimore City before becoming eligible to receive any benefits under this section may receive a refund of his or her accumulated contributions with interest credited to the member’s last day in office. (j) (1) No benefits provided under this section will be paid or payable to any elected official, or his or her beneficiary, who is convicted of a job-related offense, such offense being either a misdemeanor or felony punishable by incarceration for more than 6 months or punishable by a fine in excess of $500.00. (2) To be job-related, the offense must be committed by the member in the performance of his duties as an Elected Official of the City of Baltimore and committed against the City of Baltimore. (3) This prohibition will be applicable even though a retiree of this system or his or her beneficiary is receiving benefits under this section at the time of said conviction. In such event, the retiree or his or her beneficiary shall forfeit said benefits and be entitled to only the return of the member’s accumulated contributions with interest less any benefit payments made under this section. (k) (1) This subsection (k) applies to members who are no longer employed in a permanent full-time or permanent part-time position with the City and were either: (i) members of this System who were eligible to retire but chose to postpone receipt of retirement benefits to begin employment in a position covered by another City system; or (ii) retirees who were receiving retirement benefits from this System but chose to suspend receipt of those benefits to begin employment in a position covered by another City system. (2) Pursuant to § 48 of this article, members described in paragraph (1) of this subsection, on ceasing all permanent full-time and permanent part-time employment with the City, shall receive benefits calculated to include all increases in current annual earnable compensation set by this System under § 17A(9) that the member or retiree would have been eligible to receive as a retiree had retirement benefits not been Postponed or suspended. (l) Notwithstanding any other provision of this subtitle, no benefits are provided under this subtitle to the extent that they exceed the limitations applicable to governmental plans in Internal Revenue Code § 415 and the regulations adopted under it. (m) (1) Distributions under this subtitle shall be made in accordance with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9), as applicable to this System. This subsection is intended to comply with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9) to the extent applicable to this System, and may not be interpreted to impose any requirements on this System or on any member or beneficiary of this System beyond those required to comply with a reasonable good faith interpretation of § 401(a)(9). This subsection only specifies the latest permissible time by which distributions must begin and the longest permissible period over which distributions may be made, and in no way precludes any earlier commencement or more rapid distribution provided for in this subtitle. (2) Distribution of a member’s retirement benefit shall begin no later than the April 1 following the calendar year during which the member both has reached age 70½ and has terminated employment with the City. Distribution shall be made over a period not extending beyond the life of the member or the joint lives of the member and his or her beneficiary. (3) If a member dies before distribution of his or her retirement benefit begins, the member’s entire benefit shall be distributed within 5 years after death. This requirement is deemed satisfied by any distribution of the member’s benefit payable to his or her designated beneficiary over a period not extending beyond the life or life expectancy of the beneficiary, as long as those distributions begin no later than December 31 of the calendar year following the calendar year of the member’s death. However, if the designated beneficiary is the member’s surviving spouse, the date on which the distributions are required to begin is December 31 of the calendar year in which the member would have attained age 70½. This paragraph (3) does not apply if distribution of the member’s benefit began before his or her death and the remaining portion of the member’s benefit is distributed at least as rapidly as under the method of distribution being used at the date of the member’s death. Any amount paid to a child is treated as if it had been paid to a surviving spouse if that amount is paid to the surviving spouse when that child reaches the age of majority. (n) (1) The annual compensation of each member taken into account under this subtitle shall not exceed the federal Omnibus Budget Reconciliation Act of 1993 (“OBRA ’93") annual compensation limit. The OBRA ’93 annual compensation limit is $150,000, adjusted for cost of living increases under Internal Revenue Code § 401(a)(17)(B) and subject to the fresh start provisions set forth in paragraph (2) of this subsection. The cost of living adjustment in effect for a calendar year applies to any period not exceeding 12 months over which compensation is determined (the “determination period”) beginning in that calendar year. If a determination period consists of fewer than 12 months, the annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the short determination period and the denominator of which is 12. If compensation for any prior determination period is taken into account in determining a member’s retirement benefit in the current year, the compensation for that prior determination period is subject to the OBRA ’93 annual compensation limit for that prior determination period. For this purpose, for determination periods beginning before July 1, 1994, the OBRA ’93 annual compensation limit is $150,000. (2) (i) In this paragraph, “§ 401(a)(17) member” means any member on or after July 1, 1994, whose annual compensation for any year before 1994 exceeded $150,000. (ii) This paragraph (2) applies to determine the retirement benefit of a § 401(a)(17) member. (iii) The retirement benefit of a § 401(a)(17) member shall be the greater of (A) or (B) below: (A) the member’s retirement benefit on June 30, 1994, determined as though the member terminated service with the City on that date, without regard to any amendments to this subtitle enacted after that date and taking into account annual compensation up to the applicable § 401(a)(17) limitation for each year before July 1, 1994; or (B) the member’s retirement benefit, determined without regard to this paragraph (2). (o) (1) (i) In this subsection, the following terms have the meanings indicated: (ii) (A) “Eligible rollover distribution” means any distribution of all or any portion of the balance to the credit of the distributee. (B) “Eligible rollover distribution” does not include: 1. any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee’s designated beneficiary, or for a specified period of 10 years or more; 2. any distribution to the extent that it is required under Internal Revenue Code § 401(a)(9); and 3. the portion of any distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities. (C) 1. A portion of a distribution does not fail to be an “eligible rollover distribution” merely because the portion consists of after-tax employee contributions that are not includible in gross income. 2. However, the portion may be transferred only to: i. an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (b); ii. for taxable years beginning after December 31, 2001, and before January 1, 2007, to a qualified trust that is part of a defined contribution plan that agrees to separately account for amounts so transferred, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or iii. for taxable years beginning after December 31, 2006, to a qualified trust or to an annuity contract described in Internal Revenue Code § 403(B), if the trust or contract provides for separate accounting for amounts so transferred (including interest on those amounts), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. (iii) “Eligible retirement plan” means any of the following that accepts the distributee’s eligible rollover distribution: (A) an individual retirement account described in Internal Revenue Code § 408(a); (B) an individual retirement annuity described in Internal Revenue Code § 408(b); (C) an annuity plan described in Internal Revenue Code § 403(a); (D) a qualified trust described in Internal Revenue Code § 401(a); (E) an annuity contract described in Internal Revenue Code § 403(b); (F) an eligible plan described in Internal Revenue Code § 457(b), if it is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and it agrees to separately account for amounts transferred into that plan from this System; or (G) for distributions made on or after January 1, 2008, a Roth IRA described in Internal Revenue Code § 408A, subject to the restrictions that apply to rollovers to a Roth IRA. (iv) (A) “Distributee” means an employee or former employee. (B) In addition, the employee’s or former employee’s surviving spouse and the employee’s or former employee’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Internal Revenue Code § 414(p), are “distributees” with regard to the interest of the spouse or former spouse. Effective July 1, 2010, a “distributee” also includes the employee’s or former employee’s nonspouse designated beneficiary. In the case of a nonspouse beneficiary, the direct rollover may be made only to an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (B) (“IRA”) that is established on behalf of the designated beneficiary and that will be treated as an inherited IRA under § 402(c)(11). (v) “Direct rollover” means a payment under this subtitle to the eligible retirement plan specified by the distributee. (2) Notwithstanding any provision of this subtitle that would otherwise limit a distributee’s election under this section, a distributee may elect, at the time and in the manner prescribed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (p) Notwithstanding any other provision of this subtitle, on the effective date of a termination or partial termination of this System, as determined under applicable Internal Revenue Service regulations and rulings, all affected members who are not already vested in their accrued benefits become immediately vested in those benefits, to the extent the benefits are funded. *History: Ord. 83-1105* *History: Ord. 86-768* *History: Ord. 91-701* *History: Ord 91-791, Ord. 93-249* *History: Ord. 95-651* *History: Ord. 97-168* *History: Ord. 98-290A* *History: Ord. 99-451* *History: Ord. 05-173* *History: Ord. 12-043* *History: Ord. 13-191* *History: Ord. 16-488* *History: Ord. 16-576* *History: Ord. 20-459* #### § 23 Management of Funds. Balt., Md., Code art. 22, § 23 (2026) (a) The Board of Trustees shall be the trustees of the several funds of the Elected Officials’ Retirement System of Baltimore created under the provisions of this subtitle. The Board shall have the power to invest and reinvest such funds as provided for in § 7 of this Article 22. (b) The provisions of § 7(a)(1) of this article, concerning the investment of funds in companies doing business in or with Sudan, apply to all funds of the Elected Officials’ Retirement System. (c) The provisions of § 7(a)(2) of this article, concerning the investment of funds in fossil fuel companies, apply to all funds of the Elected Officials’ Retirement System. *History: Ord. 83-1105* *History: Ord. 86-792* *History: Ord. 90-466* *History: Ord. 93-210* *History: Ord. 93-265* *History: Ord. 07-570* *History: Ord. 12-044* *History: Ord. 21-043* #### § 24 Method of financing. Balt., Md., Code art. 22, § 24 (2026) Assets. All of the assets of this Retirement System shall be credited toward meeting the aggregate obligations of this Retirement System. (a) (1) Member contributions shall be accumulated from the compensation of members to provide for their annuities. The contributions by a member to the Retirement System shall equal 5% of his or her current annual earnable compensation, these contributions to continue throughout the member’s entire period of service. However, no contributions may be made by the member after the member has attained age 60 and has acquired 35 years of service credit in this system. (2) The deductions provided for in this subsection (a) shall be made notwithstanding that the minimum compensation provided for by law for any member is reduced by the deduction. Every member is deemed to consent and agree to the deductions made and provided for in this subsection, and the receipt of his or her full salary or compensation, and payment of salary or compensation, less this deduction, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by that person during the period covered by the payment, except as to the benefits provided under this subtitle. (3) The accumulated contributions of a member withdrawn by him or her, or paid to his or her estate or to his or her designated beneficiary in event of death shall be paid from the Retirement System. (b) (1) (i) On the basis of regular interest and of the mortality and other tables and assumptions adopted by the Board of Trustees, the actuary engaged by the Board shall make a valuation to determine the required contribution by the City of Baltimore for the System. (ii) Through the year ending June 30. 2014, the normal cost and accrued liability shall be determined by the projected unit credit cost method. Effective with the year beginning July 1, 2014, the normal cost and accrued liability shall be determined by the entry age normal cost method. (2) The assets of the System shall be applied against the total accrued liability, computed above for all members, retirees, and beneficiaries, to determine the amount of unfunded accrued liability. An accrued liability contribution is the amount determined by the Board of Trustees to be sufficient to meet regular interest on the unfunded accrued liability and to amortize the principal of that unfunded accrued liability over the period of time determined by the Board of Trustees. (3) The required contribution by the City of Baltimore shall be the sum of the normal cost and accrued liability contribution determined above. However, the aggregate payment by the City of Baltimore must be sufficient, when combined with the assets of the System, to provide the pensions and other benefits payable out of the fund during the year then current. (c) (1) On or before January 1 of each year, the Board of Trustees shall certify to the Board of Estimates the amount of the appropriation necessary to pay to this Retirement System the amounts payable by the City of Baltimore, as enumerated in this article, for the fiscal year beginning on the ensuing July 1. (2) The amount so certified is due to the System on July 1 of the fiscal year, and appropriations for that amount shall be included in the Ordinance of Estimates for that fiscal year. (d) *History: Ord. 83-1105 Ord. 92-090* *History: Ord. 13-191* *History: Ord. 16-576* #### § 25 Exemption from assignment and execution. Balt., Md., Code art. 22, § 25 (2026) Any current or future benefit provided by this system and any money in a fund or an account created by this system is exempt from attachment, assignment, or execution as provided in § 11 of this article, subject to the exceptions delineated in that section. *History: Ord. 04-882* #### § 26 Appeal and judicial review. Balt., Md., Code art. 22, § 26 (2026) (a) Any person aggrieved by a determination made or action taken with respect to a person’s eligibility for membership in or benefits under this System may appeal that determination or action to the Board of Trustees under the procedures set forth in § 15(a) of this article. (b) (1) A party aggrieved by a final decision of the Board of Trustees under subsection (a) of this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 16-488* #### § 27 Post-retirement benefit increases. Balt., Md., Code art. 22, § 27 (2026) (a) (1) (i) A retiree who first became a member on or before December 5, 2016, or a beneficiary of a retiree who first became a member on or before December 5, 2016, is entitled to receive an annual increase in his or her monthly benefit equal to the percentage increase in the annual earnable compensation authorized for the highest-paying elected official position held by the retiree while a member. (ii) (A) If the position of an elected official is abolished and a replacement position is created, percentage increases in the annual earnable compensation authorized for the replacement position will be used to calculate increases in monthly benefits under subparagraph (i) of this paragraph. (B) If the position of an elected official is abolished and a replacement position is not created, percentage increases in the annual earnable compensation authorized for the position of Mayor of the City of Baltimore will be used to calculate increases in monthly benefits under subparagraph (i) of this paragraph. (2) A retiree who first became a member on or after December 6, 2016, or a beneficiary of a retiree who first became a member on or after December 6, 2016, is entitled to receive an annual increase in his or her monthly benefit equal to the greater of: (i) 1.5%, or (ii) the amount of any corresponding post-retirement benefit increase provided by the Fire and Police Employees’ Retirement System of the City of Baltimore to its members. (b) (1) A retiree who first began receiving retirement benefits on or before February 1, 2017, or a beneficiary of a retiree who first began receiving retirement benefits on or before February 1, 2017, will receive the benefit increase beginning in January of the year following the year in which his or her retirement benefits began. (2) (i) A retiree who first began receiving retirement benefits on or after March 1, 2017, or a beneficiary of a retiree who first began receiving retirement benefits on or after March 1, 2017, is eligible for the benefit increase as of the 1st June 30 as of which the retiree and the beneficiary, whether individually or in combination with the other, have been receiving benefit payments for at least 12 consecutive months. (ii) A retiree who first began receiving retirement benefits on or after March 1, 2017, or a beneficiary of a retiree who first began receiving retirement benefits on or after March 1, 2017, will receive the benefit increase beginning in January of the year following the June 30 on which he or she became eligible under subparagraph (i) of this paragraph (2). (c) (1) each benefit increase will continue for the lifetime of the retiree and any beneficiary, consistent with the option elected under § 22(e) of this subtitle. (2) the benefit increases provided by this section are effective regardless of the investment performance of this System. (3) the benefit increases provided by this section are payable in the same form as the post-retirement benefit payments being received by the eligible retiree or beneficiary. *History: Ord. 16-576* #### § 28 Balt., Md., Code art. 22, § 28 (2026) Reserved ### Subtitle 3 – Fire and Police Employees’ Retirement System #### § 29 Name and date operative. Balt., Md., Code art. 22, § 29 (2026) The “Fire and Police Employees’ Retirement System of the City of Baltimore”, hereinafter called the “Retirement System”, is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances and death benefits under the provisions of this subtitle for such officers and employees of the Department of Aviation, of the Police Department and of the Fire Department of Baltimore City as are included in the membership as provided in § 30 of this subtitle. The retirement system so created shall begin operation as of July 1, 1962. *History: Ord. 62-1285* #### § 30 Definitions. Balt., Md., Code art. 22, § 30 (2026) In this subtitle, unless a different meaning is plainly required by the context, the following words and phrases have the meanings indicated: (1) “Retirement System” shall mean the Fire and Police Employees’ Retirement System of the City of Baltimore as defined in § 29 of this subtitle. (2) (a) (1) “Employee” means any officer or employee of the Police Department or Fire Department of Baltimore City, except as otherwise provided in this definition, whose compensation is paid by the Mayor and City Council of Baltimore, by whatever authority appointed. (2) “Employee” does not include any officer or employee of these departments for whose benefit the Mayor and City Council of Baltimore makes contributions under the Social Security Act of 1935. (b) However, any school crossing guard who was a member of this system on July 1, 1976, shall remain a member of this system as long as said member continues to be employed by the City of Baltimore in a job performing duties substantially similar to those previously performed by school crossing guards employed by the Baltimore City Police Department. Furthermore, on or before January 1, 1980, said member may voluntarily elect to transfer his or her membership to the Employees’ Retirement System of the City of Baltimore. Notwithstanding anything to the contrary contained in paragraph (2) of this section, said school crossing guards who remain as members of this system, shall not be disqualified from membership in this system by subsequently being required to make contributions to the Social Security System. (c) In addition, any Police Department meter monitors or linemen who were members of this system on February 9, 1978, shall remain members of this system as long as said members continue to be employed by the City of Baltimore in a job performing duties performed by meter monitors or linemen employed by the Baltimore City Police Department. Furthermore, on or before May 3, 1980, said members may voluntarily elect to transfer their membership to the Employees’ Retirement System of the City of Baltimore. Notwithstanding anything to the contrary contained in paragraph (2) of this section, said Police Department meter monitors or linemen who remain as members of this system shall not be disqualified from membership in this system by subsequently being required to make contributions to the Social Security System. (d) In all cases of doubt, the Board of Trustees shall decide who is an employee within the meaning of this subtitle. (e) (1) “Employee” includes the following personnel: (A) all persons who: (i) on or before July 25, 1972, were employed as uniformed firefighters or uniformed police officers by the former City of Baltimore Department of Aviation; and (ii) have worked without interruption for, and continue to be employed by, the State of Maryland in the capacity of uniformed firefighters at Baltimore-Washington International Airport or as uniformed police officers; (B) all persons employed as uniformed police officers: (i) who became employees of the Maryland Aviation Administration Police Force and members of this system on or after July 26, 1972, and on or before June 30, 1977; and (ii) who have worked without interruption for, and continue to be employed by, the State of Maryland in the capacity of uniformed police officers; and (C) all persons employed as uniformed firefighters: (i) who became employees of the State Aviation Administration or Maryland Aviation Administration Fire Rescue Service and members of this system on or after July 26, 1972, and on or before September 30, 1993; and (ii) who have worked without interruption for, and continue to be employed by, the State of Maryland as uniformed firefighters at Baltimore-Washington International Airport. (2) “Employee” does not include any police or fire personnel of the State of Maryland for whose benefit the State of Maryland makes contributions under the Social Security Act of 1935. (3) “Member” shall mean any person included in the membership of the system as provided in § 31 of this subtitle. (4) “Board of Trustees” shall mean the Board provided in § 33 of this subtitle to administer the retirement system. (5) “Panel of hearing examiners” shall mean the panel of hearing examiners provided for in § 33(l) of this subtitle, to hear claims involving ordinary disability, special disability, special death, and any related matters. (6) “Service” means: (i) any service for service-covered employment; (ii) any service purchased, repurchased or transferred, by appropriate deposit or redeposit of funds plus interest; and (iii) any service credited under this subtitle. (7) “Service-covered employment” means employment as an employee, as described in paragraph (2) of this section, and paid for by the City of Baltimore, while a member of this system. (8) “Beneficiary” shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this subtitle. (9) “Regular interest” means interest compounded annually for the reserves and items listed at the following rates:

(i) the Annuity Savings Reserve:

3.00%.

(ii) for valuation purposes:

(A) for determining system funding contributions to be made by the City on or after July 1, 2022:

7.00%

(B) for determining systems funding contributions to be made by the City on or after July 1, 2023:

6.95%

(C) for determining system funding contributions to be made by the City on or after July 1, 2024:

6.90%

(iii) for determining actuarial equivalents:

5.00%.
(10) “Accumulated contributions” shall mean the sum of all the amount deducted from the compensation of a member and credited to his individual account in the Annuity Savings Fund together with regular interest thereon as provided in §§ 35 and 36 of this subtitle. (11) (a) “Average final compensation” means the member’s average annual earnable compensation for the 24 consecutive months of service as an employee during which his or her earnable compensation was highest or, if he or she had less than 24 consecutive months of service, then the average annual earnable compensation during his or her total years of service. (b) “Earnable compensation” means the annual salary authorized for the member. It does not include overtime pay, differential pay, out-of-title pay, environmental pay, hazardous duty pay, pay for conversion of leave or other fringe benefits, or any like additional payments. (c) For members who retired on or after July 1, 1986, and before July 1, 1988, “average final compensation” means the average annual compensation, pay, or salary earnable by a member for the 2 consecutive years of service as an employee during which his or her earnable compensation was highest, if the member had at least 2 years of service in that grade, or if he or she had less than 2 years of service, then the average annual compensation, pay, or salary earnable by him or her during his or her actual year(s) of service. (d) For members who: (i) retired on or after July 1, 1988, and on or before June 30, 2010, or (ii) retire on or after July 1, 2010, and who, as of June 30, 2010, meet the applicable age and service requirements for a normal service retirement under § 34(a-1)(1) or have acquired 15 or more years of service, “average final compensation” means the average annual earnable compensation for the 18 consecutive months of service as an employee during which his or her earnable compensation was highest. (e) In no event may the retirement benefits of a member retired under § 30(11)(d)(ii) as a result of the application of the definition of “average final compensation”, effective July 1, 2010, be less than the benefit the member would have been entitled to prior to July 1, 2010. (f) For members who (i) retired on or after July 1, 2010, and on or before June 30, 2025, and (ii) do not meet the eligibility requirements of § 30(11)(d)(ii) (12) “Annuity” shall mean payments for life derived from the “accumulated contributions” of a member. (13) “Pensions” shall mean payments for life derived from money provided by the City of Baltimore. (13a) (14) “Retirement” shall mean withdrawal from active service with a retirement allowance granted under the provisions of this subtitle. (15) “Retirement allowance” shall mean the sum of “annuity” and the “pension”. (16) “Annuity reserve” shall mean the present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of such mortality tables as shall be adopted by the Board of Trustees and regular interest. (17) “Pension reserve” shall mean the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of such mortality tables, as shall be adopted by the Board of Trustees, and regular interest. (18) “Actuarial equivalent”, for purposes of determining the amount of an optional retirement benefit under this subtitle, means a benefit of equivalent value when calculated using annuity factors derived from: (i) regular interest established under § 30(9) of this article; and (ii) mortality assumptions adopted by the Board of Trustees as part of the Retirement System’s periodic experience study conducted under § 33(o) of this article. (19) “Break in service” is the period of time between the date when a member terminates employment covered by a former system, as defined in § 32(i)(1)(B) or § 32(k)(1)(ii) of this subtitle, and the date the member begins City employment in a position covered by this System. (20) “Contributing member of this System” means a member who makes required member contributions while an employee. (21) “System entry date” means the date a member most recently begins service-covered employment. (22) “Minor child” means the child of a member, former member, or retiree who has not attained age 22. *History: Ord, 62-1285* *History: Ord. 64-425* *History: Ord. 70-874* *History: Ord. 72-237* *History: Ord. 73-420* *History: Ord. 74-552* *History: Ord. 76-186* *History: Ord. 77-378* *History: Ord. 79-973* *History: Ord. 79-1022* *History: Ord. 79-1126* *History: Ord. 86-731* *History: Ord. 86-762* *History: Ord. 86-766* *History: Ord. 87-1156* *History: Ord. 88-005* *History: Ord. 88-123* *History: Ord. 91-786* *History: Ord. 95-466* *History: Ord. 98-290A* *History: Ord. 00-049* *History: Ord. 03-576* *History: Ord. 10-306* *History: Ord. 10-357* *History: Ord. 14-268* *History: Ord. 15-381* *History: Ord. 15-436* *History: Ord. 19-254* *History: Ord. 20-459* *History: Ord. 22-145* *History: * #### § 31 Membership. Balt., Md., Code art. 22, § 31 (2026) The membership in the Retirement System shall consist of the following: (1) (a) Any person who becomes an employee as herein defined after the date of establishment shall become a member of the Retirement System as a condition of employment. (b) A member may not make contributions to, receive any pension or retirement allowance from, or accrue any service credit in any other pension or retirement system of the City of Baltimore while at the same time accruing service credit in this system, except for membership in, obligations under, and benefits from the Baltimore City Municipal Deferred Compensation Plan. (c) Notwithstanding paragraph (b) of this subsection (1), and pursuant to § 48 of this article, the following shall become members of this system and accrue service credit in this system while employed in a permanent full-time or permanent part-time position covered by this system: (i) members of another City system who were eligible to begin receiving retirement benefits from that system but who chose to postpone receipt of those benefits and change employment to a position covered by this system (including former members of the Employees’ Retirement System with entitlement to deferred vested pension benefits from that system, who ceased all permanent full-time or permanent part-time employment covered by that system); or (ii) retirees who were receiving retirement benefits from another City system but who chose to suspend receipt of those benefits and accept reemployment in a position covered by this system. (2) Any person who is an employee on the date of establishment and who is on that date and has been a member of the Employees’ Retirement System of the City of Baltimore, or any other pension or retirement fund supported wholly or partly by the City of Baltimore, shall become members as of that date of establishment unless within a period of 30 days next following, such employee shall file with the Board of Trustees, on a form prescribed by the Board, a notice of his election not to be covered in the membership of the Retirement System and a duly executed waiver of all present and prospective benefits which would otherwise inure to him on account of his participation in the Retirement System. (3) An employee whose membership in the Retirement System is contingent on his own election and who elects not to become a member may thereafter apply for and be admitted to membership, but no such employee shall receive service credit unless he becomes a member on or before July 1, 1964. (4) For those employees who are members of the system as of June 30, 2003, membership in the system ceases if the member: (i) in any period of 6 consecutive years after last becoming a member is absent from service more than 2 consecutive years; (ii) withdraws his accumulated contributions; (iii) becomes a beneficiary; or (iv) dies. (5) For those employees who become members of this system on or after July 1, 2003, membership in the system ceases if the member: (i) separates from employment covered by this system; (ii) retires; or (iii) dies. *History: Ord. 62-1285* *History: Ord. 64-100* *History: Ord. 74-552* *History: Ord. 77-168* *History: Ord. 03-576* #### § 32 Service creditable. Balt., Md., Code art. 22, § 32 (2026) (a) Under such rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees shall adopt, each member who was an employee at any time during the year immediately preceding the date of establishment shall file a detailed statement of all service rendered by him before the date of establishment for which he claims service credit, including all retirement systems service granted or credited to him under any other pension or retirement system supported wholly or in part by the City of Baltimore. (b) Subject to the above restrictions and to such other rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees may adopt, the Board of Trustees shall verify as soon as practicable after the filing of such statement of service, the service therein claimed. (c) Upon verification of the statement of service, the Board of Trustees shall issue service certificates certifying to each member the length of service rendered before the date of the establishment of the Fire and Police Employees’ Retirement System with which he is credited either as service or prior service. So long as membership continues, a service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that any member may, within 1 year from date of issuance or modification of such certificate, request the Board of Trustees to modify or correct his service certificate. When membership ceases, such service certificate covering the service and prior service shall become void. Should the employee again become a member, such employee shall enter the system as an employee not entitled to service credit, except as provided in § 34(g)(1) and § 34(k)(2) of this subtitle. (d) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service, but in no case shall more than 1 year of service be credited for all service in 1 calendar year, nor shall the Board of Trustees allow credit as service for any period of more than 1 month’s duration during which the employee was absent without pay. (e) (1) This subsection applies only to a member of this system who: (i) on account of military service, as defined in paragraph (7) of this subsection, is on leave of absence from City employment; (ii) is eligible for reemployment with the City under the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, 38 U.S.C. §§4301-4334 (“USERRA”); and (iii) applies for service credit with the system. (2) (1) A member of this system shall receive service credit for a period of absence from employment while in military service as though he or she had remained continuously employed with the City as an employee. (2) The service credit shall include the period, if any, between the date the member completes military service and the date he or she is reemployed with the City, as long as the member retains his or her reemployment rights under USERRA during that period. (3) A member of this system who receives service credit for military service under this subsection may transfer the credit to another state or local retirement or pension system. (4) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, a member of this system described in paragraph (1) of thiss subsection shall be credited, at the City’s sole account and expense, with military service contriburions that consist of the following: (A) the contributions, if any, that the City would have made on behalf of the member if the member had not been absent, including DROP or DROP 2 contributions; and (B) the contributions that the member would have made on his or her own behalf if the member had not been absent, including DROP or DROP 2 contributions. (ii) On a member’s terminating City employment, the member is not entitled to receive any part of these military service contributions. However, the military service contributions shall be used to fund: (A) the annuity portion of a retirement allowance payable to that member under § 34; or (B) the annuity portion of a lump-sum or periodic death benefit payable to that member’s beneficiary under § 34. (iii) The Board of Trustees shall refund to a member any contributions made to the system during a period of absence from employment for military service when the member is otherwise exempted under this paragraph from paying contributions into the system. (5) A member of this system, the member’s beneficiary, or the member’s estate is not entitled to line-of-duty disability benefits or line-of-duty death benefits arising from the member’s death or disability during a period that the member is absent from employment for military service. (6) A member of this system described in paragraph (1) of this subsection is entitled to all of the rights and privileges relating to the Deferred Retirement Option Plan (“DROP”) under § 36B or the Deferred Retirement Option Plan 2 (“DROP 2”) under § 36C otherwise afforded to a member who is actively employed, including: (i) after being reemployed on returning from military service, the right to elect retrospectively to participate in DROP or DROP 2 or to terminate DROP or DROP 2 participation, as of a date during the period of the member’s absence from employment; (ii) the right to accumulate DROP or DROP 2 contributions and benefits participation during the period of the member’s absence from employment; and (iii) the right to be credited with post-DROP or post-DROP 2 employment during the period of the member’s absence from employment. (7) (i) In this subsection and in subsection (f) of this section, “military service”means any service that falls within the term: (A) “service in the uniformed services”, as defined by and interpreted under 38 U.S.C. § 4303(13); or (B) “military service”, as defined by and interpreted under State Personnel and Pensions Article §38-101(d); (ii) “Military service” embraces all forms of duty, including active duty, active duty for training, initial active duty for training, and inactive duty training (such as drills), under competent authority, on a voluntary or involuntary basis, in the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service commissioned corps, the Army National Guard, the Air National Guard, the Maryland National Guard, as well as the reserve components of each of these services, and any other category of persons designated by the President or the Governor of the State of Maryland in time of war or national or State emergency. (8) For a member of this system described in paragraph (1) of this subsection, any deadline for transferring and purchasing service otherwise applicable under § 32(k) shall be extended by the period of service credited to the member under paragraph (2) of this subsection. (9) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees may adopt rules, resolutions and regulations to carry out the provisions of this subsection as long as those rules, resolutions, and regulations are consistent with USERRA. (f) (1) Upon proper application to this system, a member who has acquired at least 10 years of service and attained age 50, or who has acquired 20 years of service, shall be granted credit for military service, as defined in subsection (e)(7) of this section, prior to employment with the City, unless otherwise provided in this Article 22. (2) A member may not be awarded credit under this subsection if he or she has received credit for a period of military service under another retirement system for which retirement benefits have been or will be received by him or her. However, this exclusion does not apply to any such credit provided through Federal Old-Age and Survivors Insurance (Social Security), or to any benefits provided under Title 32 or Title 10, Chapter 1223, §§ 12731 through 12741 of the U.S. Code. (3) The military service credit provided under this subsection may not exceed 3 years. (4) The City shall make all necessary contributions for the funding of military service credit. (g) - (j) (k) (1) (i) In this subsection, the following words have the meanings indicated. (ii) (A) “Former system” means an actuarially funded contributory or non-contributory federal state, or local governmental defined benefit retirement or pension system located within the United States. (B) “Former system” includes: 1. this system; 2. the Employees’ Retirement System of the City of Baltimore; 3. the Elected Officials’ Retirement System of the City of Baltimore; and 4. even though it is not actuarially funded, the Retirement Savings Plan of Baltimore City. (iii) “Uniformed position” means a fireman’s or policeman’s position held by a transferring employee. (iv) “Fireman’s position” means a position held by an employee of a federal, state, or local fire department whose services bear a substantial and direct relationship to extinguishing fires or protecting lives or property endangered by fires. (v) “Policeman’s position” means a position held by an employee of a federal, state, or local law enforcement agency who is regularly engaged in enforcing the public peace and whose duties include the power of arrest. (vi) “Civilian position” means a position held by a transferring employee that was not a uniformed position. (vii) “Former City service” means: (A) prior service; (B) service for any regular and permanent employment with the City that resulted in the member’s being vested in the City Retirement Savings Plan or credited for service in a defined benefit City Retirement System other than this system; or (C) non-credited City service. (viii) “Earnable compensation” means the annual salary authorized for the member as of the date of the member’s system entry date. (ix) “Prior service” means service credit previously earned or purchased in this system but lost due to separation from employment. (x) “Non-credited City service” means service for any regular and permanent employment with the city that did not result in the member’s being credited for service in any City retirement system or vested in the City Retirement Savings Plan. (xi) “Maryland Police Corps service” means service, not to exceed 6 months, earned by a member while successfully completing the Maryland Police Corps training program. (2) (A) An employee who becomes a member of this system may purchase and transfer all or any portion of service previously earned or acquired in a former system or through Maryland Police Corps service if: (i) for service purchases and transfers of other than prior service, non-credited City service, or Maryland Police Corps service, the member begins employment covered by this system within 90 days of terminating employment covered by the former system; (ii) the member files an application with this system to purchase and transfer that service within 1 year of his or her system entry date; (iii) the member’s former system or employer provides verification to this system of the member’s transferable service; and (iv) on transferring service from the member’s former system or Maryland Police Corps service, the member would no longer be eligible to receive a present or future benefit for the service transferred. (B) (i) If the service from the former system was acquired or earned on account of employment in a uniformed position, the member may purchase and transfer up to 10 years of that service, in addition to any prior service, non-credited City service, and Maryland Police Corps service. (ii) If the service from the former system was acquired or earned on account of employment in a civilian position, the member may purchase and transfer up to 5 years of that service, in addition to any prior service, non-credited City service, and Maryland Police Corps service. (C) For service transferred from a former system, the member must pay: (i) an amount equal to the product of: 1. the member’s earnable compensation, multiplied by 2. the number of years or part of a year of service to be transferred, multiplied by 3. either: A. for service that is former City service, the member contribution rate under § 36(h)(5) in effect on the date of the member’s application, or B. for service that is not former City service, twice the member contribution rate under § 36(h)(5) in effect on the date of the member’s application, less (ii) accumulated contributions, with interest, that the member may have retained in this system for his or her prior service. (D) The payment for transferred service must be by a single payment made before the earlier of: (i) 10 years from the member’s system entry date; or (ii) the member’s retirement date. (E) The transferred service shall be credited pro rata at the time each payment for the service is made. (l) - (m) *History: Ord. 62-1285* *History: Ord. 74-552* *History: Ord. 79-1126* *History: Ord. 81-552* *History: Ord. 86-663* *History: Ord. 786-066* *History: Ord. 89-234* *History: Ord. 91-786* *History: Ord. 91-849* *History: Ord. 98-290A* *History: Ord 98-319* *History: Ord. 00-049* *History: Ord. 03-576* *History: Ord. 07-610* *History: Ord. 10-357* *History: Ord. 19-254* *History: Text Conformed 02/22/21* #### § 33 Administration. Balt., Md., Code art. 22, § 33 (2026) (a) The general administration and the responsibility for the proper operation of the retirement system and for making effective the provisions of this subtitle, subject to the provisions contained in subsection (l) of this section, are hereby vested in a Board of Trustees which shall be organized immediately after 3 of the trustees provided for in this section have qualified and taken the oath of office. (b) The Board consists of 11 Trustees, as follows: (1) The Comptroller of the City of Baltimore, ex-officio. The Comptroller may designate a representative to attend any meeting of the Board of Trustees in the Comptroller’s place. This representative must be a Deputy Comptroller. This representative has the authority to act in the Comptroller’s place. (2) The Police Commissioner, ex officio. The Police Commissioner may designate a representative to attend any meeting of the Board of Trustees in the Commissioner’s place. This representative must be a Deputy Police Commissioner and must be a member of this system. This representative has the authority to act in the Commissioner’s place (3) The Chief of the Fire Department, ex officio. The Chief of the Fire Department may designate a representative to attend any meeting of the Board of Trustees in the Chief’s place. This representative must hold a position whose rank and responsibilities include decision-making authority on behalf of the Chief and must be a member of this System. This representative has the authority to act in the Chief’s place. (4) The Director of Finance, ex officio. The Director of Finance may designate a representative to attend any meeting of the Board of Trustees in the Director’s place. This representative must be either the Deputy Director of Finance or the Budget Director. This representative has the authority to act in the Director of Finance’s place. (5) (i) 3 residents and registered voters of the City of Baltimore, to be appointed by the Mayor with the consent of the City Council, as provided in City Charter Article IV, § 6, each to serve for a term of 4 years concurrent with the Mayor’s term of office. 1 of these 3 Trustees shall be appointed by the Mayor from a list of 3 recommended candidates submitted by the President of the City Council. (ii) These Trustees shall possess commercial banking, investment banking, accounting, actuarial, auditing, investment management, investment consulting, or financial legal expertise. (iii) As of his or her appointment and during his or her entire term of office, a Trustee appointed under this paragraph (5) may not be an employee or official of the City. (6) 2 members of the system, one of whom shall be an employee of the Fire Department, the other an employee of the Police Department, to be elected by the membership of the respective departments to which each belongs under the rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees adopts to govern the election, to serve for a term of 4 years, staggered as provided for the Trustees first elected. For the purposes of this paragraph (6), members of the system who are not employed by the Fire Department or the Police Department are eligible to participate as voters and as candidates in elections of the Board of Trustees. School crossing guards, meter monitors, and police personnel employed at the Baltimore / Washington International Thurgood Marshall Airport shall participate in the Police Department elections. Fire personnel employed at the Baltimore / Washington International Thurgood Marshall Airport shall participate in the Fire Department elections. For other categories of members of the system who are not employees of the Fire Department or the Police Department, the Board of Trustees shall determine in which departmental election they shall participate. (7) 2 retirees of the system, 1 of whom shall be a Fire Department retiree, and the other a Police Department retiree, to be elected by the retirees of the respective department to which each belonged, these elections to be held concurrently with the election for the employees representative of each respective department, under the rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees adopts to govern the election, to serve for a term of 4 years. For the purposes of this paragraph (7), retirees of the system who are not employed by the Fire Department or the Police Department are eligible to participate as voters and as candidates in elections of the Board of Trustees. Retired school crossing guards, retired meter monitors, and police personnel retired from employment at the Baltimore / Washington International Thurgood Marshall Airport shall participate in the Police Department elections. Fire personnel retired from employment at the Baltimore / Washington International Thurgood Marshall Airport shall participate in the Fire Department elections. For other categories of retirees in the system who were not employees of the Fire Department or the Police Department, the Board of Trustees shall determine in which departmental election they shall participate. (8) Notwithstanding City Charter Article IV, §8, which ordinarily requires minority party representation, the election or appointment of Trustees under this subsection shall be made without regard to political affiliation, including those Trustees holding their positions ex officio. (9) (i) The Board of Trustees is an “agency” and a “board” within the meaning of and subject to the standards and requirements of the Baltimore City Public Ethics Law (City Code Article 8). Each Trustee is a “public servant” and an “official” within the meaning of and subject to the standards and requirements of the Baltimore City Public Ethics Law. And each employee of the Board is a “public servant” and an “employee” within the meaning of and subject to the standards and requirements of the Baltimore City Public Ethics Law. (ii) In addition to the standards and requirements contained in the Baltimore City Public Ethics Law, Trustees and Board employees may not engage in any of the following activities or hold any of the following interests, as these activities or interests are defined in the Baltimore City Public Ethics Law. 1. No Trustee or Board employee may do business with any system, plan, or trust administered by any of the following (collectively, the “City Benefit Plans”): A. the Board of Trustees of the Employees’ Retirement System of the City of Baltimore; B. the Board of Trustees of the Fire and Police Employees’ Retirement System of the City of Baltimore; C. the Board of Trustees of the Elected Officials’ Retirement System of the City of Baltimore; D. the Board of Trustees of the Retirement Savings Plan of the City of Baltimore; and E. the Committee of the City of Baltimore Deferred Compensation Plan. 2. No Trustee or Board employee may be employed by or have a financial interest in any person or entity doing business or seeking to do business with any City Benefit Plan. 3. A. Notwithstanding City Code Article 8 {“Ethics”}, § 6-28(3) {“Gifts: Qualified exemptions; travel, etc., expenses”}, no Trustee or Board employee may accept any gift or any payment, free admission, or expense reimbursement for attendance at a conference, seminar, or similar meeting, or for related food, travel, lodging, or entertainment, if the gift or the payment, free admission, or reimbursement is, directly or indirectly, from: i. any person or entity engaged in an activity or providing a product or service that the Trustee knows or has reason to know has been marketed to a City Benefit Plan or is of a type that the Trustee reasonably would expect to be marketed to a City Benefit Plan; or ii. any trade, professional, or other association that has members engaged in an activity or providing a product or service that the Trustee knows or has reason to know has been marketed to a City Benefit Plan or is of a type that the Trustee reasonably would expect to be marketed to a City Benefit Plan. B. Subparagraph 3.A does not preclude application of the qualified exemptions contained in City Code Article 8, § 6-28(1) {“food or beverages .. consumed ... in ... presence of ... donor”}, § 6-28(2) {“gift ... [of] insignificant value”}, § 6-28(5) {“gift ... [exempted by] Ethics Board”}, or § 6-28(6) {“gift from a spouse, parent, child, or sibling”}, subject to the qualifications of § 6-29 {“Exemption limitations”}. 4. No funds of this System or of any system, plan, or trust administered by the Board of Trustees may be used to pay for the attendance of a Trustee or Board employee at any conference, seminar, or similar meeting, or for related food, travel, lodging, or entertainment, unless that attendance has first been approved by the Board of Estimates in accordance with the Administrative Manual of Baltimore City, AM-240-3 {“Board of Estimates Approval”}. 5. No Trustee or Board employee may engage in any activity that requires registration as a lobbyist with the City Ethics Board. (iii) The City Ethics Board shall administer and enforce this paragraph (9) in accordance with the administrative and enforcement provisions of the Baltimore City Public Ethics Law. (c) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (d) The trustees shall serve without compensation, but they shall be reimbursed from the Expense Fund for all necessary expenses that they may incur through service on the Board. (e) Each trustee shall, within 10 days after his appointment or election, take an oath of office that, so far as it devolves upon him he will diligently and honestly administer the affairs of the said Board, and that he will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system. Such oath shall be subscribed to by the member making it and certified by the Mayor before whom it is taken and shall be immediately filed in the office of the Director of Finance. (f) Each trustee is entitled to 1 vote on the Board. 6 members of the Board constitute a quorum for the transaction of any business, the exercise of any power, or the performance of any duty authorized or imposed by this subtitle. (g) Subject to the limitations of this subtitle, and subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees shall, from time to time, establish rules and regulations for the administration of the funds created by this subtitle and for the transaction of its business. (h) The Board of Trustees shall elect from its membership a chairman and shall by a majority vote of all its members appoint a secretary. It shall engage such actuarial and other service as shall be required to transact the business of the Retirement System. The compensation of all persons engaged by the Board of Trustees, and all other expenses of the Board necessary for the operation of the retirement system shall be paid at such rates and in such amounts as the Board of Estimates shall approve, and in accordance with appropriations in the annual Ordinance of Estimates. (i) The Board of Trustees shall keep in convenient form all data necessary for actuarial valuation of the various funds of the Retirement System, for certifying the experience of the Retirement System, and for establishing assumptions and actuarial factors, for the Retirement System. (j) The Board of Trustees shall keep a record of all its proceedings, and that record shall be open to public inspection. (j-1) (1) The Board of Trustees shall publish a comprehensive annual financial report that: (i) comprises financial statements and other supplementary investment and actuarial information of the Retirement System for the fiscal year ending on the preceding June 30; and (ii) has been prepared in accordance with generally accepted accounting principles for disclosure of pension information established by the Governmental Accounting Standards Board. (2) The Board of Trustees shall submit this report to: (i) the Mayor; (ii) the Board of Estimates; (iii) the Finance Director; (iv) the Police Commissioner; and (v) the Chief of the Fire Department. (k) The City Solicitor of the City of Baltimore shall be the legal advisor of the Board of Trustees. (l) (1) There is a panel of hearing examiners, composed of persons with a demonstrated knowledge and competence in disability claims evaluation. The hearing examiners shall be appointed on a contract basis by the Board of Estimates, and the number and composition of the panel shall be at the discretion of the Board of Estimates. The Board of Estimates shall determine the fees to be paid the hearing examiners and the conditions of their contracts. This panel of hearing examiners shall be the same panel as provided for in § 9(p) of this article. (2) If, from time to time, the Board of Estimates decides to increase the number of hearing examiners, it shall notify the Board of Trustees. Within 15 days of that notice, the Board of Trustees may submit a list of recommended candidates. Also, from time to time, the Board of Trustees, working in conjunction with the Board of Trustees of the Employees’ Retirement System, shall notify the Board of Estimates whenever a vacancy exists and, together with that notice, may submit a list of recommendations to fill the vacancies. However, in all events, the Board of Estimates has the power to make the final selection of hearing examiners from either a list submitted by the Board of Trustees or independent of the Board of Trustees’ recommendations. (3) The compensation of the panel members, as well as the compensation of all persons engaged by the panel, and all other expenses of the panel, shall be paid at the rates and in the amounts that the Board of Estimates approves, pursuant to the provisions of the City Charter. (4) (i) Any non-line-of-duty disability or line-of-duty disability claimant must apply to the Board of Trustees. (ii) The application must include a medical certification of disability and all supporting medical documentation, on a form prescribed by the Board of Trustees, in which the member must state that she or he has suffered a disability and that the disability prevents her or him from further performance of the duties of her or his job classification. (iii) If the claim is for a line-of-duty disability benefit, the member must also state that the physical incapacity was the result of an injury arising out of and in the course of the actual performance of her or his duty, without willful negligence on her or his part. (iv) Any member who has joined this system on or after July 1, 1979, and who applies for a line-of-duty disability benefit must also state that the disability resulted from an injury that occurred within 5 years of the date of her or his application. (v) The member must also execute a consent form that authorizes the Board of Trustees to obtain all medical records relating to off-duty and line-of-duty accidents or illnesses that the member may have suffered at any time in the past. (5) On receipt of a member’s application and supporting medical documentation, the Board of Trustees shall have the member medically examined by a physician selected by the Board of Trustees. The medical examination shall include the tests and additional examinations that the physician finds necessary or appropriate. (6) On completion of the medical examination and receipt of a written report, including any test results, from the examining physician, the panel of hearing examiners shall schedule a hearing. (7) A hearing examiner shall conduct hearings on all matters involving non-line-of-duty disability claims, line-of-duty disability claims, 100% line-of-duty disability claims, line-of-duty death benefit claims, and any related matters arising out of these claims. In addition, any reexamination of the existing retirees on or after July 1, 1979, and any related matter, is under the jurisdiction of the panel of hearing examiners. (8) One hearing examiner from the panel shall hear a particular claim for benefits. The hearing examiner shall conduct the hearing in an informal manner, with sufficient latitude to provide a fair and impartial hearing to all of the parties without requiring strict compliance with the rules of evidence. Testimony at the hearing shall be under oath and recorded. The hearing examiner has the power to subpoena and require the attendance of witnesses and the production of papers and documents to secure information pertinent to the hearing, and to examine them. (9) Each hearing is in the nature of an adversary proceeding. An attorney from the City Solicitor’s office shall represent the Board of Trustees. The member has the right to counsel. (10) (i) At the hearing, the member has the burden of proving, by a preponderance of the evidence: (A) the nature and extent of his or her disability; and (B) that the disability prevents him or her from the further performance of the duties of his or her job classification. (ii) If the matter involves a line-of-duty disability claim, the member has the burden of proving by a preponderance of the evidence that the disability was the result of an injury arising out of and in the course of the actual performance of duty, without willful negligence on the member’s part. (iii) If the matter involves a line-of-duty death claim, the claimant has the burden of proving by a preponderance of the evidence that the death: (A) arose out of and in the course of the actual performance of duty; and (B) was not caused by willful negligence on the member’s part. (11) The hearing examiner shall determine the following: (i) whether the member has suffered an injury or illness of such a nature as to preclude the member from the further performance of the duties of his or her job classification; (ii) if the claim is for line-of-duty disability benefits: (A) whether the physical incapacity is the result of an injury arising out of and in the course of the actual performance of duty, without willful negligence on the member’s part; (B) whether the disability qualifies under § 34(e) and, for 100% line-of-duty disability benefits, § 34(f-1); and (C) for a member who joined this system on or after July 1, 1979, whether the disability resulted from an injury that occurred within 5 years before the date of the members’ application; and (iii) if the claim is for line-of-duty death benefits: (A) whether the death arose out of and in the course of the actual performance of duty; (B) whether the death was not caused by the willful negligence of the member; and (C) whether the death qualifies under § 34(i). (12) The hearing examiner shall issue written findings of fact that set forth the reasons forthe hearing examiner’s determination. If either party to the hearing is aggrieved by the hearing examiner’s determination, that party may seek judicial review of the determination by the Circuit Court for Baltimore City. The review shall be sought and heard as provided for in the Maryland Rules, with the exception that the review shall be heard on the record only, on a right-of-way basis. The final determination of the hearing examiner is presumptively correct and may not be disturbed on review except when arbitrary, illegal, capricious, or discriminatory. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. (13) Judicial review under this subsection does not stay or hold in abeyance any payment awarded by the hearing examiner. If a court reverses an award of benefits, the court’s decision operates to stop payment of any benefits being made to the claimant, pending any further appeal. (14) If neither party seeks judicial review within 30 days following the mailing of the hearing examiner’s written findings of fact, the hearing examiner’s determination is final and binding, subject to the panel of hearing examiners’ right to reexamination as provided for in § 34(g). (m) The Board of Trustees shall designate an actuary who shall be the technical adviser of the Board of Trustees on matters regarding the operation of the funds created by the provisions of this subtitle, and shall perform such other duties as are required in connection therewith. (n) (o) (1) At least once in each 3-year period, the actuary shall conduct an experience study of the mortality, service, and compensation experience of the members and beneficiaries of the Retirement System to determine the proper valuation of the Retirement System’s liability. (2) Taking into account the result of the experience study, the Board of Trustees shall adopt and certify for the Retirement System: (i) the actuarial mortality, service, compensation, and other assumptions needed to determine the annual contribution by the City to the Retirement System; and (ii) the annuity factors needed to determine actuarial equivalents for calculating benefits. (3) Tables listing the annuity factors certified under this subsection shall be made available to the membership through the Retirement System’s website. (p) (1) Based on the assumptions adopted by the Board of Trustees and on the rate of regular interest established under § 30(9) of this article, the actuary shall conduct an annual valuation of the assets and liabilities of the Retirement System, using generally accepted costing methodology. (2) Taking into account the valuation conducted by the actuary, the Board of Trustees shall adopt a valuation of the assets and liabilities of the Retirement System and, on that basis, shall certify to the Director of Finance, on or before the date mandated by § 36(f) of this article, the amount of the annual contribution from the City of Baltimore to adequately fund the Retirement System. (q) (1) The City shall indemnify every person who is made, or is threatened to be made, a party to any action, suit, or proceeding, including administrative and investigative proceedings by reason of his service in a fiduciary capacity to the Fire and Police Employees’ Retirement System of Baltimore City, in accordance with and subject to the conditions stated in this section. (2) The term “service in a fiduciary capacity”, as used in this section, means the exercise of any authority or control or any policy-making function, including acts of commission or omission, concerning the management or administration of the Fire and Police Employees’ Retirement System of Baltimore, or the exercise of any authority or control or any policy-making function, including acts of commission or omission, concerning the management or disposition of the assets of the system. It includes membership on the Board of Trustees of the Fire and Police Employees’ Retirement System of Baltimore City, membership on the advisory investment committee, and service as Administrator or Deputy Administrator of the Fire and Police Employees’ Retirement System, or as a staff member engaged in policy-making functions in the performance of his duties and responsibilities; and it includes the Director of Finance, the custodian of the assets of the Fire and Police Employees’ Retirement System as named in the Baltimore City Charter. (3) If, with respect to a civil, administrative, or investigative action, suit, or proceeding, the person acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interest of the Fire and Police Employees’ Retirement System of Baltimore City, and, with respect to a criminal action, had no reasonable cause to believe his conduct was unlawful, then indemnification shall be against those expenses, including reasonable attorney’s fees, judgments, fines, and accounts paid in settlement which were actually and reasonably incurred by him in connection with the proceeding. (4) The termination of any suit or proceeding, in any manner, does not, of itself create a presumption that the person did not act in good faith and in a manner he reasonably believed to be in or not opposed to the best interest of the Fire and Police Employees’ Retirement System, and with respect to a criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful. (5) Indemnification may not be made: (i) with respect to any suit, claim, or matter as to which the person was adjudged to be liable for gross negligence or willful misconduct in the performance of his duty to the Fire and Police Employees’ Retirement System; or (ii) for an independent contractor furnishing services to the Fire and Police Employees’ Retirement System; or (iii) with respect to any matter occurring prior to June 1, 1978. (6) The City shall provide insurance for every person eligible for indemnification under this section against any liability asserted against him or incurred by him arising out of his status as a fiduciary. The City may provide self-insurance for this purpose, in whole or in part, under terms and conditions satisfactory to the Board of Estimates. If the City fails to provide adequate insurance coverage, or if the City fails to provide indemnification pursuant to this section a fiduciary shall not be required to pay amounts attributable to the liability described in this section by reason of the failure of the City to provide the indemnification, and the City shall be held liable therefor. The City may assert the defense of governmental immunity, or any other defense available to the City, in suits or other actions brought against the City. (7) The sole and final determination of eligibility of a person for indemnification with respect to a particular action, suit, or proceeding, and the approval of the reasonableness of all fees, expenses, and settlements, is vested in the City Solicitor. *History: Ord. 62-1265* *History: Ord. 68-273* *History: Ord. 71-1012* *History: Ord. 78-845* *History: Ord. 79-1126* *History: Ord. 86-766* *History: Ord. 87-1149* *History: Ord. 88-123* *History: Ord. 95-560* *History: Ord. 99-521* *History: Ord. 00-050* *History: Ord. 03-576* *History: Ord. 04-672* *History: Ord. 10-306* *History: Ord. 10-357* *History: Ord. 11-566* *History: 14-216* *History: Ord. 14-268* *History: Ord. 15-381* *History: Ord. 17-068* *History: Text Conformed 02/22/21* *History: Ord. 21-019* #### § 34 Benefits. Balt., Md., Code art. 22, § 34 (2026) (a-1) (1) A member may retire with a normal service retirement on or before June 30, 2010, if, on his or her last day of City employment, the member meets the following age and service requirements: (i) for an employee who became a member of this system on or before June 30, 2003, and who retired on or after June 30, 1989: (A) age 50, regardless of years of service; or (B) regardless of age, 20 years of service; and (ii) for an employee who became a member of this system on or after July 1, 2003: (A) age 50, with at least 10 years of service as a contributing member of this system; or (B) regardless of age, 20 years of service, at least 10 years of which were as a contributing member of this system. (2) A member may retire with a normal service retirement on or after July 1, 2010, if he or she satisfies item (i), (ii), or (iii) that follows: (i) as of June 30, 2010, he or she has met the applicable age or service requirements set forth in paragraph (1) of this subsection. (ii) as of June 30, 2010, he or she has acquired 15 or more years of service and, on the last day of his or her City employment, he or she has met the applicable age or service requirements set forth in paragraph (1) of this subsection. (iii) on the last day of his or her City employment, he or she has either: (A) acquired 25 or more years of service, at least 15 years of which were as a contributing member of this System; or (B) 1. attained age 55; and 2. acquired 15 or more years of service as a contributing member of this System. (a-2) (1) On or after July 1, 2010, a member of this System who has not terminated employment and who does not satisfy the conditions of either paragraph (2)(i) or paragraph (2)(ii) of subsection (a-1) of this section may retire with an early service retirement when he or she first meets the applicable age or service requirements for a normal service retirement under subsection (a-1)(1) of this section. (2) The benefit commencement date of an early service retirement is any date elected by the member in accordance with subsection (a-4) of this section and that is: (A) on or after the date the member first meets the applicable age or service requirements for a normal service retirement under subsection (a-1)(1) of this section; and (B) before the date as of which the member would have first met the age and service requirements for a normal service retirement under subsection (a-1)(2)(iii) of this section had he or she continued employment with the City. (a-3) (1) Eligibility requirements. This subsection applies to any member who enters service on or after July 1, 2025 and who terminates City employment: (A) after acquiring 10 or more years of service as a contributing member of this system; (B) without satisfying the conditions for a normal service retirement under subsection (a-1)(2) of this section (C) without electing to receive an early service retirement benefit under subsection (a-2) of this section; and (D) without withdrawing the accumulated contributions credited to the member’s account in the Annuity Savings Fund (2) Deferred vested benefit (A) A member described in paragraph (1) of this subsection is entitled to receive, commencing on or after the 1st day of the month immediately following the member’s 60th birthday, a deferred vested benefit, calculated in accordance with the rules for normal service retirements set forth in subsection (b-1)(4) of this section without reduction. (B) If a member described in paragraph (1) of this subsection dies before commencing receipt of a deferred vested benefit, then no death benefits are payable on account of the member’s death, except for the return of the member’s accumulated contributions (a-4) To retire under subsection (a-1), (a-2), or (a-3) of this section, the member must: (i) apply to the Board of Trustees, on a form approved by the Board; (ii) set forth the date he or she wants to retire; and (iii) submit the application to the Board no less than 30 days nor more than 90 days before the date of retirement. (b-1) Upon retirement from service a member shall receive a service retirement allowance as follows: (1) For any member who retires on or before June 30, 1989, the service retirement allowance shall consist of: (A) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and (B) for each year of service, in addition to his annuity, a pension, which shall be equal to 1/100 of his average final compensation for each of the first 25 years of service, less any prior service, and 1/120 of his average final compensation for each year after the first 25 years of service less any prior service; and (C) if he has been credited with prior service, a supplemental pension which shall be equal to 1/50 of his average final compensation multiplied by the number of years of such prior service; and (D) if at the time of retirement the annuity determined in accordance with § 34(b-1)(1)(A) resulting from the member’s contributions for service is less than the pension resulting from the member’s years of service determined in accordance with § 34(b-1)(1)(B), a supplemental pension equal to the difference between the two shall be payable. (E) The additional annuity provided as the result of voluntary contributions permitted under § 36(b)(10) shall be payable and shall not be used in determining this supplemental pension, if any, payable under this subdivision. (2) For any member who retires on or after July 1, 1989, and on or before June 30, 1991, the service retirement allowance shall consist of: (A) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and (B) a pension which, together with his annuity, shall be equal to: 1. 2.25% of his average final compensation for each year of the first 20 years of service; 2. 2.50% of his average final compensation for each year of his next 2 years of service; and 3. 1.67% of his average final compensation for each year of service thereafter. (C) The additional annuity provided as a result of voluntary contributions permitted under § 36(b)(10) shall be payable and shall not be used in determining the pension payable under § 34(b-1)(2)(B). (3) For any member who retires on or after July 1, 1991, the service retirement allowance shall consist of: (A) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and (B) a pension which, together with his annuity, shall be equal to: 1. 2.5% of his average final compensation for each year of the first 20 years of service, plus 2. 1.8% of his average final compensation for each year of service thereafter. (C) The additional annuity provided as a result of voluntary contributions permitted under § 36(b)(10) shall be payable and shall not be used in determining the pension payable under § 34(b-1)(3)(B). (4) For any member who retires on or after June 29, 1993, with a normal service retirement under subsection (a-1) of this section, the normal service retirement allowance shall consist of: (A) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and (B) a pension which, together with his annuity, shall be equal to: 1. 2.5% of his average final compensation for each year of the first 20 years of service, plus 2. 2% of his average final compensation for each year of service thereafter. (C) The additional annuity provided as a result of voluntary contributions permitted under § 36(b)(4) shall be payable and shall not be used in determining the pension payable under § 34(b-1)(4)(B). (5) Provided further, however, that members and beneficiaries of members who retired before July 1, 1988, and any surviving beneficiary of a member who began receiving benefits before July 1, 1988, shall receive a 2% increase in periodic benefits as of January 1, 1992. (6) Notwithstanding any other provision of this subtitle to the contrary, any member (other than a member who has elected to participate in the Deferred Retirement Option Plan pursuant to § 36B of this subtitle) who retires effective on or after June 1, 1996, and on or before August 31, 1996, with 35 or more years of service shall receive, in addition to his accumulated service credit, a credit of 6 additional months of service. For purposes of this § 34(b-1)(6) only the “average final compensation”, as defined in § 30(11) of this subtitle, of any member eligible for this additional service credit shall be calculated as if the member had retired on January 1, 1997 (rather than on his or her actual retirement date) and had earned compensation, pay, or salary during the period between his or her actual retirement date and January 1, 1997, at the salary rate in effect at the time of actual retirement. (b-2) For any member who retires on or after July 1, 2010, with an early service retirement under subsection (a-2) of this section, the early service retirement allowance shall consist of: (i) an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement; and (ii) a pension which, together with the annuity, shall be equal to: (A) the sum of 2.5% of his or her average final compensation for each year of the first 20 years of service and 2.0% of his or her average final compensation for each subsequent year of service, reduced by (B) the applicable percentage shown below for each month or fraction of a month by which his or her benefit commencement date precedes the date as of which he or she would have first met the requirements for a normal service retirement under subsection (a-1)(2)(iii) of this section had he or she continued employment with the City: 1. 6.5/12% per month for the first 60 months or fraction of a month immediately preceding the member’s normal service retirement date; 2. 4.5/12% per month for the next 60 months or fraction of a month; 3. 1/4% per month for the next 60 months or fraction of a month; and 4. 1/6% per month for any additional next months or fraction of a month. (c) (1) A member shall be retired on a non-line-of-duty disability retirement if: (i) the member has acquired at least 5 years of service, as determined by the Board of Trustees; and (ii) a hearing examiner determines that: (A) the member is mentally or physically incapacitated for the further performance of the duties of the member’s job classification in the employ of Baltimore City; and (B) the incapacity is likely to be permanent. (2) To retire under this subsection, the member must: (i) apply to the Board of Trustees, on a form approved by the Board; and (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment. (3) A non-line-of-duty disability retirement under this subsection is effective as follows: (i) if the member applied for this retirement before terminating City employment, the retirement is effective as of the first day following the member’s last day of City employment; and (ii) if the member applied for this retirement after terminating City employment, the retirement is effective 30 days after the date on which the Board received a completed application. (d) (1) Any member who retires on account of non-line-of-duty disability on or before October 15, 1992, shall receive an allowance as follows: (A) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and (B) a pension which, together with his annuity, shall provide a total retirement allowance equal to: 1. 2.5% of his average final compensation for each of the first 20 years of service, plus 2. 2% of his average final compensation for each year thereafter. (C) The additional annuity provided as a result of voluntary contributions permitted under § 36(b)(10) shall be payable and shall not be used in determining the pension payable under § 34(d)(1)(B). (D) Provided, however, that notwithstanding anything in this subsection to the contrary, if at the time of retirement a member has attained the age of 50 years and has acquired 25 years or more of service, he shall receive as a service retirement allowance computed as provided in paragraphs (b)(1), (2) and (3) of this subsection. However, if at the time of retirement a member has attained the age of 50 years and has acquired less than 25 years of service, he shall receive an ordinary disability retirement allowance computed as provided in this subsection provided such allowance does not exceed 50% of his average final compensation. (E) Provided, further, anything in this subsection to the contrary notwithstanding, any member eligible for retirement under the provisions of this subsection (d)(1), regardless of the length of service or the age of such member, shall receive an ordinary disability allowance of not less than 25% of his average final compensation. (2) Any member who retires on account of non-line-of-duty disability on or after October 16, 1992, and on or before June 30, 2003, shall receive an allowance as follows: (A) an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of retirement; and (B) a pension which, together with his annuity, shall provide a total retirement allowance equal to: 1. 2.5% of his average final compensation for each of the first 20 years of service, plus 2. 1.8% of his average final compensation for each year thereafter. (C) The additional annuity provided as a result of voluntary contributions permitted under § 36(b)(10) shall be payable and shall not be used in determining the pension payable under § 34(d)(2)(B). (D) However, any member eligible for retirement under this subsection (d)(2), shall receive a non-line-of-duty disability allowance of not less than 25% of his or her average final compensation. (3) Any member who retires on account of non-line-of-duty disability on or after July 1, 2003, shall receive an allowance that is the greater of: (A) 25% of the member’s average final compensation; or (B) a combination of: 1. an annuity that is the actuarial equivalent of the member’s accumulated contributions at the time of retirement; and 2. a pension that, together with the annuity, provides a total retirement allowance equal to 2.5% of the member’s average final compensation for each of the first 20 years of service, plus 2% of the member’s average final compensation for each subsequent year. (e-1) (1) A member shall be retired on a line-of-duty disability retirement if: (i) a hearing examiner determines that the member is totally and permanently incapacitated for the further performance of the duties of his or her job classification in the employ of Baltimore City, as the result of an injury arising out of and in the course of the actual performance of duty, without willful negligence on his or her part; and (ii) for any employee who became a member on or after July 1, 1979, the application for line-of-duty disability benefits is filed within 5 years of the date of the member’s injury. (2) To retire under this subsection, the member must: (i) apply to the Board of Trustees, on a form approved by the Board; and (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment. (3) A line-of-duty disability retirement under this subsection is effective as follows: (i) if the member applied for this retirement before terminating City employment, the retirement is effective as of the first day following the member’s last day of City employment; and (ii) if the member applied for this retirement after terminating City employment, the retirement is effective 30 days after the date on which the Board received a completed application. (4) A member who elects to receive DROP benefits under § 36B of this subtitle or DROP 2 benefits under § 36C of this subtitle may not file for line-of-duty disability retirement benefits following the member’s retirement unless the member first pays back to the System the member’s DROP account distribution, DROP annuity payments, DROP 2 account distribution, or DROP 2 annuity payments, as applicable. (e-2) (1) Any member who retires on account of a line-of-duty disability shall receive a retirement allowance that consists of: (i) an annuity that is the actuarial equivalent of the member’s accumulated contributions at the time of retirement; and (ii) a pension, in addition to the annuity, of 66.667% of the member’s average final compensation. (2) (i) For purposes of computing the pension payable to the member, if the last injury that caused or contributed to the disability occurred while the member was assigned to duties in a higher classification than his or her regular classification, the member’s average final compensation shall be based on the maximum rate of pay earnable for the 18 months immediately preceding the injury in the classification in which she or he was performing duties at the time of the injury causing the disability if that computation is higher than the “average final compensation” computed in accordance with the definition of that term in § 30 of this subtitle. (ii) This paragraph (2) does not apply if the last injury that caused or contributed to disability occurred before July 1, 1971. (iii) Any member becoming eligible for a line-of-duty disability retirement allowance on or after July 1, 1991, shall have her or his pension computed in accordance with the definition in § 30 of “average final compensation”, as in effect on the date she or he becomes eligible for the retirement allowance. (f-1) (1) A member shall be retired on a 100% line-of-duty disability retirement if: (i) the member is otherwise eligible for a line-of-duty benefit under subsection (e-1) of this section; and (ii) the hearing examiner determines that the injury resulted in: (A) extensive brain damage causing total incapacity; or (B) the loss of or loss of use of any combination of two or more: 1. hands; 2. arms; 3. feet; 4. legs; or 5. eyes. (2) To retire under this subsection, the member must: (i) apply to the Board of Trustees, on a form approved by the Board; and (ii) submit the application to the Board no later than 1 year following the member’s last day of City employment. (3) A 100% line-of-duty disability retirement under this subsection is effective as follows: (i) if the member applied for this retirement before terminating City employment, the retirement is effective as of the first day following the member’s last day of City employment; and (ii) if the member applied for this retirement after terminating City employment, the retirement is effective 30 days after the date on which the Board received a completed application. (4) A member who elects to receive DROP benefits under § 36B of this subtitle or DROP 2 benefits under § 36C of this subtitle may not file for 100% line-of-duty disability retirement benefits following the member’s retirement unless the member first pays back to the System the member’s DROP account distribution, DROP annuity payments, DROP 2 account distribution, or DROP 2 annuity payments, as applicable. (f-2) (1) A member to whom a hearing officer awards a 100% line-of-duty disability benefit shall receive on retirement: (i) a lump-sum refund of the member’s accumulated contributions; plus (ii) a pension equal to 100% of the member’s current regular compensation at the time of retirement. (2) For purposes of computing the pension payable to the member, if the last injury that caused or contributed to the disability occurred while the member was assigned to duties in a higher classification than his or her regular classification, the member’s compensation shall be based on the maximum rate of pay earnable in the classification in which she or he was performing duties at the time of the injury causing the disability. (g) (1) (i) If a retired member is receiving a disability retirement allowance and has not yet attained age 55, the panel of hearing examiners may require the retired member to undergo a periodic medical examination, but not more often than once in any year, to determine whether he or she has become fit to resume duties in the classification in which he or she was performing duties at the time of retirement. (ii) The examining physician shall report her or his findings to the panel of hearing examiners. If the examining physician’s opinion is that the retiree is able to resume his or her duties, the applicable departmental physician shall conduct a reexamination of the retiree. If the departmental physician concurs, she or he shall certify to the panel of hearing examiners that the retiree is fit for the further performance of duties in the classification in which he or she was performing duties at the time of retirement. If the physicians do not concur, the panel of hearing examiners shall schedule a hearing to determine the fitness of a retiree to perform his former duties. (iii) After the hearing, the panel of hearing examiners shall submit its determination to the head of the department in which the retiree was employed at the time of retirement. (iv) A member who has been determined to be fit to resume work continues to receive his or her disability retirement allowance until the time the member is reemployed by the City. (2) A disability retiree who has been certified by the panel of hearing examiners as fit for further performance of duties and who is restored to active service shall cease to receive a retirement allowance. He or she shall again become a member of the retirement system and shall contribute at the current rate of contribution. Any previous service credit on the basis of which his or her service was computed at the time of retirement shall be restored in full and, on his or her subsequent retirement, he or she shall be credited with all service as a member. (3) If a disability retiree has been certified by the panel of hearing examiners as fit for further performance of duties and refuses to accept an offer of reemployment as an “employee”, as that term is defined in § 30(2) of this subtitle, in the classification in which he or she was performing duties at the time of retirement and at a compensation not less than the rate of compensation being paid currently to persons in the same grade and step as the retiree was at the time of retirement, plus the amount of any longevity payments currently being paid for the length of service the retiree had at the time of retirement, all rights in and to his or her pension shall be revoked by the Board of Trustees. (4) If a disability retiree refuses to submit to a medical examination required by the panel of hearing examiners, his or her allowance may be discontinued until he or she submits to the examination. If his or her refusal continues for 1 year, all rights in and to his or her pension shall be revoked by the Board of Trustees. (h) (1) This subsection (h) applies to a member who dies while in employment status (including a member who dies while performing “qualified military service”, as defined in Internal Revenue Code § 414(u)), but whose death does not qualify under subsection (i) as a line-of-duty death. (2) (A) On receipt of a written application and proper proof of the death of a member in service, the Board of Trustees shall pay the lump-sum amount provided in this paragraph (2), but only if no benefits are paid under paragraphs (3) or (4) of this subsection. (B) The lump-sum payment shall consist of: (i) the member’s accumulated contributions; plus (ii) if the member has acquired 1 or more years of service, 50% of the greater of the member’s current annual compensation or the member’s average final compensation on the date of the member’s death. (C) The lump-sum amount shall be paid: (i) to the member’s designated beneficiary; (ii) if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse; (iii) if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; (iv) if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and (v) otherwise, to the member’s estate. (3) (A) If the member was eligible for a service retirement allowance on the date of the member’s death and a proper application is filed under subparagraph (E) of this paragraph (3), the Board of Trustees shall pay a benefit equal to that which would have been paid to a surviving beneficiary under the 100% survivorship benefit of subsection (k)(1) of this section had the member elected that survivorship benefit in favor of that beneficiary and retired as of the date of death. (B) The benefit shall be paid: (i) to the member’s designated beneficiary, to continue for life, as long as that designated beneficiary is limited to: 1. the member’s surviving spouse to whom the member was married for at least 1 year immediately before the date of the member’s death; or 2. the member’s surviving parent; or (ii) if the designated beneficiary is not the member’s spouse and the beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for life, if the member was married to that spouse for at least 1 year immediately before the date of the member’s death. (C) If a member files with the Board of Trustees a written designation that names someone other than a spouse or parent as beneficiary, and if that beneficiary does not predecease the member, the benefits of this paragraph (3) are not available to the surviving spouse or parent of the member. (D) The benefit provided by this paragraph (3) is in place of all benefits provided under paragraphs (2) and (4) of this subsection. I To receive the benefit provided under this paragraph (3), the surviving spouse or parent must apply in writing, on forms provided by the Board of Trustees, within 60 days after the death of the member. (4) (A) If the member had at least 2 years of continuous service before death, without regard to whether the member was eligible for a service retirement allowance on the date of the member’s death, and a proper application is filed under subparagraph (G) of this paragraph (4), the Board of Trustees shall pay an annual benefit equal to: (i) 25% of the member’s regular annual gross compensation on the date of the member’s death; plus (ii) 1.5% of the member’s regular annual gross compensation for each additional year of service beyond the initial 2 consecutive years, up to a maximum benefit of 50% of regular annual gross compensation. (B) This benefit shall be paid: (i) to the member’s designated beneficiary, as long as that designated beneficiary is limited to: 1. the member’s surviving spouse, to continue for life or until remarriage; or 2. the member’s minor children, to be paid to each child, in equal shares, until that child is no longer minor, as defined in § 30(22) of this article; or (ii) if the designated beneficiary is not the member’s spouse or minor child, as defined in § 30(22) of this article, and that beneficiary predeceases the member, or if there is no designated beneficiary, then to the member’s surviving spouse, to continue for life or until remarriage, if the member was married to that spouse for at least 1 year immediately before the date of the member’s death; or (iii) if there is no qualifying surviving spouse under subparagraph (B)(i) or (ii), or if the surviving spouse dies or remarries, then to the member’s minor children, to be paid to each child, in equal shares, until that child is no longer minor, as defined in § 30(22) of this article. (C) For purposes of this paragraph (4), when a member’s child is no longer a minor, as defined in § 30(22) of this article, and consequently ceases to receive benefits under this paragraph (4), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor. (D) For purposes of this paragraph (4), “regular annual gross compensation” does not include overtime compensation, but does include longevity payments. (E) If a member files with the Board of Trustees a written designation that names someone other than a spouse or minor child as beneficiary, and if that beneficiary does not predecease the member, the benefits of this paragraph (4) are not available to the surviving spouse or minor children of the member. (F) The benefit provided by this paragraph (4) is in place of all benefits provided under paragraphs (2) and (3) of this subsection. (G) To receive the benefit provided under this paragraph (4), the surviving spouse or minor children must apply in writing, on forms provided by the Board of Trustees, within 60 days after the death of the member. (5) The amounts that would have been paid under this subsection (h), excluding membership contribution accounts, with interest, forever remain assets of the system if: (A) a member dies without designating a beneficiary; (B) that member has no heirs, as enumerated in §§ 3-102 through 3-104 of the Estates and Trusts Article of the Maryland Code; and (C) no estate for that member is opened within 2 years of the member’s death. (i) (1) This subsection applies only to an individual: (A) who dies while a member of this system; and (B) whose death has been determined by a hearing examiner, as provided in § 33(l) of this subtitle, to have arisen: (i) out of and in the course of the actual performance of duty; and (ii) without willful negligence on the part of the member. (2) (A) On the receipt of a written application, proper proof of death, and an award by a hearing examiner of a line-of-duty death benefit, the Board of Trustees shall pay: (i) a lump-sum refund of the member’s accumulated contributions, to be paid as follows: 1. to the member’s designated beneficiary; 2. if there is no designated beneficiary or if the designated beneficiary predeceases the member, to the member’s surviving spouse; 3. if there is no designated beneficiary and no surviving spouse, to the member’s children, in equal shares; 4. if there is no designated beneficiary, surviving spouse, or surviving child, to the member’s surviving parents, in equal shares; and 5. otherwise, to the member’s estate; and (ii) a pension of 100% of the member’s current compensation, to be paid as follows, regardless of whom the member designated as beneficiary: 1. to the member’s surviving spouse, to continue for life; 2. if there is no surviving spouse or if the surviving spouse dies, to the member’s minor children to be paid to each child, in equal shares, until that child is no longer minor, as defined in § 30(22) of this article; 3. if there is no surviving spouse or minor children, to either or both of the member’s surviving dependent parents who are designated beneficiaries, to continue for life, in the percentages designated by the member; or 4. if there is no surviving spouse or minor children and if the deceased member did not designate his or her surviving parents as beneficiaries, then to either or both of the member’s surviving dependent parents, to continue for life, as the Board of Trustees in its discretion directs. (B) For purposes of subparagraph (A)(ii) of this Paragraph (2), “dependent” means the level of dependency required by Internal Revenue Code § 152. (C) For purposes of this paragraph (2), when a member’s child is no longer a minor, as defined in § 30(22) of this article, and consequently ceases to receive benefits under this paragraph (2), each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the member’s youngest child is no longer a minor. (D) For purposes of this paragraph (2), where a member’s line-of-duty death benefit is paid to both of the member’s surviving parents and one parent dies, the remaining parent shall then begin receiving, in addition to his or her existing benefit, the benefit formerly paid to the deceased parent. (E) If the member’s death occurred as the result of an injury sustained while the member was assigned to duties in a higher class than his or her regular job classification, the current compensation described in subparagraph (A)(ii) of this paragraph (2) shall be the maximum level or experience salary scale, taking into account the longevity increments appropriate to the member’s length of service, in the classification in which the member was performing duties on the date of the injury causing death. (3) Paragraph (2) of this subsection (i) does not apply in any case where death occurs as the result of an injury sustained before July 1, 1971. (4) (A) This paragraph (4) applies to any member who: (i) retires under the provisions of § 34(e) of this subtitle; (ii) elects to receive maximum benefits without actuarial modification; and (iii) within 5 years of the date of line-of-duty disability retirement, dies from the last injury that caused or contributed to that retirement. (B) A member described in subparagraph (A) of this paragraph (4) is considered, for purposes of paragraph (1)(A) of this subsection, to have died as a member in service. Thus, to the extent to which they are entitled, the beneficiaries of the member shall receive line-of-duty death benefits under this subsection (i). (C) Any accumulated contributions payable to the designated beneficiary of a member whose death is governed by this paragraph (4) shall be reduced by the amount of annuity payments that the deceased member previously received through a line-of-duty disability pension. (D) Benefits payable under this paragraph (4) shall be based on the rate of compensation for the grade and step of the deceased member at the date of retirement plus any longevity payments the deceased member was then entitled to receive. (5) The amounts that would have been paid under this subsection (i), excluding membership contribution accounts, with interest, forever remain assets of the system if: (A) a member dies without designating a beneficiary; (B) that member has no heirs, as enumerated in §§ 3-102 through 3-104 of the Estates and Trusts Article of the Maryland Code; and (C) no estate for that member is opened within 2 years of the member’s death. (j) Should a member cease to be an employee except by death or retirement under the provisions of this subtitle, he shall be paid such part of the amount of the accumulated contributions standing to the credit of his individual account in the Annuity Savings Fund as he shall demand; provided, however, that the Board of Trustees may, in its discretion, withhold for not more than 1 year after a member has ceased to be an employee all or part of his accumulated contributions, if after a previous discontinuance of service he withdrew from the Annuity Savings Fund all or part of the amount of his accumulated contributions and failed to redeposit such withdrawn amount in such fund. (j-1) (1) (i) This paragraph will be applied exclusively upon receipt by the system of a written determination from the agency head of a member of this system, which is countersigned by an appropriate designee of: (1) the Office of the Mayor, (2) the Director of Human Resources, or (3) the Department of Law, confirming consultation by the agency head with each of the three designees and certifying one of the following criteria for a job removal retirement benefit: (A) the member is being laid off without fault on his or her part due to a reduction in force or diminished need for the services performed by the holder of such position and is not being removed for poor performance in the job, (B) in the case of an exempt member working in an “at will” position not covered by civil service, the member is being removed from his or her position without fault on his or her part, at the initiation of his or her agency and pursuant to its absolute discretion, and is not being removed for poor performance in the job, (C) the member is being removed from his or her position without fault on his or her part due to physical or mental incapacity, (D) the member is being removed from his or her position without fault on his or her part and the mutual best interests of the agency and the member would be served through the removal insofar as the removal will resolve a personnel or disciplinary dispute between the agency and the member, or (E) the member is being removed from his or her position without fault on his or her part and the mutual best interests of the agency and the member would be served through the removal, the agency head so certifies in good faith, and the member represents in writing to the agency and to the system that, as of the date of the certification, he or she has not been offered, has not accepted, and has not been given assurances of other employment. (ii) An agency head’s determination and a member’s representations under this paragraph shall be maintained as public records, open to public inspection, and are not confidential personnel or retirement records. (2) Should a member be removed from a regular permanent position of the City without fault upon his or her part, or should a member appointed or elected for a fixed term not be reappointed or reelected after the completion of 15 years of service, such member may elect, in lieu of the withdrawal of his accumulated contributions, to be paid a service retirement allowance consisting of: (i) an annuity that shall be the actuarial equivalent of his or her accumulated contributions at the time of his or her retirement; and (ii) a pension that, together with his or her annuity, shall be equal to: (A) 2.5% of his or her average final compensation for each year of the first 20 years of service at the time of his or her retirement, plus (B) 2% of his or her average final compensation for each subsequent year. (3) An election to receive a job removal benefit may be made by a member only if, at the time of his or her removal, he or she has completed 15 or more years of service as a contributing member of this system, without taking into account any transferred-in service credit from other retirement systems. (4) Effective December 2, 1991, in applying the preemployment military credit provision of §32(f) to a member described in subsection 2, the requirement that the member shall have attained age 50 shall be disregarded. However, any benefit for which the member could be eligible shall be determined before the military service credit provided for herein is added to the service credit acquired by the member. (5) Ordinance 91-829 shall also apply to any member who retired under the provision of the above paragraph. Any increased benefits due to such a retired member, shall be paid prospectively from the effective date of this Ordinance. Variable benefits, if any, paid to such a retired member shall not be changed as a result of this Ordinance. (6) Should a member retired under this subsection be restored to active service, his or her retirement allowance shall cease, he or she shall again become a member of the system, and he or she shall contribute thereafter at the rate in effect as of the return to service. Any prior service certificate on the basis of which a member’s service was computed at the time of his or her retirement shall be restored to full force and effect and, in addition, upon his or her subsequent retirement he or she shall be credited with all membership service. (k) (1) (i) A member who is eligible to receive a retirement benefit under this subtitle is entitled to receive, without actuarial modification, the full benefit for which he or she is qualified, payable in periodic payments during the retired member’s lifetime (the “maximum retirement allowance”). (ii) As of the 1st day of the calendar month following the death of a retired member who is receiving this maximum retirement allowance, the following beneficiaries are entitled to receive periodic payments in an amount equal to 50% of the periodic payment that the retired member was receiving at the time of his or her death: (A) if the retired member is survived by a spouse to whom the retired member was married for at least 1 year immediately before the member’s retirement date or at least 5 years before the member’s death, the benefit shall be paid to the surviving spouse, to continue for the spouse’s lifetime or until the spouse remarries before age 70; or (B) if there is no qualifying surviving spouse or if the surviving spouse remarries before age 70 or dies, then the benefit shall be paid to the retired member’s minor children, in equal shares, to continue until the children are no longer minors, as defined in § 30(22) of this article. (iii) For purposes of this paragraph, when a retired member’s child is no longer a minor, as defined in § 30(22) of this article, and consequently ceases to receive benefits under this paragraph, each remaining minor child shall begin to receive, in addition to his or her existing benefit, an equal share of the benefit formerly paid to the other child. This process continues until the youngest child is no longer a minor. (iv) If a retired member who is receiving the maximum retirement allowance dies before the member has received in annuity payments a sum equal to the amount of his or her accumulated contributions and DROP or DROP 2 account at the time of retirement, and if there is no qualifying surviving spouse or minor child, as defined in § 30(22) of this article, entitled to receive further benefits as a result of the member’s death, the difference between the amount of the deceased member’s accumulated contributions and DROP or DROP 2 account at the time of his or her retirement and the sum of the annuity payments that he or she had received during his or her lifetime shall be paid in the form of a lump-sum cash payment as follows: (A) to the deceased member’s beneficiary specifically designated to receive the unused annuity and remaining DROP or DROP 2 account; or (B) if no beneficiary has been designated or if the designated beneficiary predeceases the retired member, to the deceased member’s estate. (2) (i) (A) Instead of the maximum retirement allowance provided for in paragraph (1) of this subsection, a member who is entitled to receive a retirement benefit from this system may elect to receive an actuarially reduced benefit in the form of one of the survivorship options set forth in subparagraphs (ii) through (iv) of this paragraph. (B) Other than as provided in subparagraph (ii) of this paragraph, a member who elects to receive one of these options will receive his or her benefit in the form of periodic payments during his or her lifetime. (ii) (A) As soon as administratively practicable after the death of a retired member who elected this reserve guarantee option, the balance of the present value of the retired member’s benefit at his or her death, after deducting the total amount of periodic payments received by the retired member during his or her lifetime, shall be paid in the form of a lump-sum cash payment as follows: 1. to the retired member’s designated beneficiary; or 2. if no designated beneficiary has been designated or if the designated beneficiary predeceases the retired member, to the retired member’s estate. (B) A member who elects this option may change his or her designated beneficiary at any time throughout the member’s retirement. (iii) (A) As of the 1st day of the calendar month immediately after the death of a retired member who elected a joint-and-survivor option, the member’s designated beneficiary is entitled to receive periodic payments during the beneficiary’s lifetime in either of the following amounts, as elected by the member: 1. 100% of the periodic payment that the retired member was receiving at the time of her or his death; or 2. 50% of the periodic payment that the retired member was receiving at the time of her or his death. (B) A member who elects this option may change his or her designated beneficiary within 30 days after the member’s retirement date. (C) If the designated beneficiary predeceases the retired member within 30 days after the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death. (D) If the designated beneficiary predeceases the retired member within 30 days after the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date: 1. the retired member continues during his or her lifetime to receive periodic payments in the same amount that the member has been receiving; 2. no new beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable. (iv) (A) As of the 1st day of the calendar month following the death of a retired member who elected this “pop-up” joint-and-survivor option, the member’s designated beneficiary is entitled to receive periodic payments during the beneficiary’s lifetime in either of the following amounts, as elected by the member: 1. 100% of the periodic payment that the retired member was receiving at the time of his or her death; or 2. 50% of the periodic payment that the retired member was receiving at the time of his or her death. (B) A member who elects this option may change his or her designated beneficiary within 30 days after the member’s retirement date. (C) If the designated beneficiary predeceases the retired member within 30 days after the retirement date, the retired member may designate a new beneficiary within 30 days after the designated beneficiary’s death. (D) If the designated beneficiary predeceases the retired member within 30 days after the retirement date and the retired member does not designate a new beneficiary within 30 days after the designated beneficiary’s death or if the designated beneficiary dies on or after the 31st day following the retirement date: 1. the retired member commences, as of the 1st day of the month immediately after the designated beneficiary’s death, to receive the maximum retirement allowance, payable in periodic payments during the retired member’s lifetime, plus post-retirement increases already granted the retired member; 2. no other beneficiary may be designated; and 3. on the retired member’s death, no survivorship benefit is payable, whether under this option or the maximum retirement allowance. (3) (i) A retired member may elect to make the changes authorized in this paragraph on or before the later of: (A) the 30th day after the retired member’s retirement date; or (B) if the retired member’s designated beneficiary predeceases the retired member within 30 days after the retirement date, the 30th day after the designated beneficiary’s death. (ii) Within the periods specified, the retired member may elect to change: (A) the retired member’s maximum retirement allowance under paragraph (1) of this subsection to any one of the benefit options provided under paragraph (2) of this subsection; (B) the retired member’s election of a benefit option under paragraph (2) of this subsection to the maximum retirement allowance provided under paragraph (1) of this subsection; or (C) the retired member’s election of a benefit option under paragraph (2) of this subsection to any other benefit option provided under paragraph (2) of this subsection. (iii) Any payments made to a retired member under the original election shall be taken into account in computing the benefit to be paid under the subsequent election. (l) (1) This subsection applies to an employee or the beneficiary of an employee who: (A) became a member of this system after July 1, 1970; (B) on account of a disability or death, was awarded a benefit paid by the City under the State Workers’ Compensation Law; and (C) on account of the same disability or death, was awarded a disability or death benefit from this system. (2) A member or beneficiary described in paragraph (1) of this subsection (l) shall have the full amount of his or her Workers’ Compensation benefit offset against any disability or death benefit payable from this system until the total amount of the Workers’ Compensation benefit has been recovered. This offset shall be calculated using an actuarial method and appropriate annuity factors recommended by the system’s actuary and approved by the Board of Trustees. (3) On recovery of the full dollar amount of the Workers’ Compensation benefit through the offset described in paragraph (2) of this subsection (l), the reduced disability or death benefit payable to a member or beneficiary of a deceased member of this system shall be increased to the full, unreduced amount of the disability or death benefit payable to the member or beneficiary, as appropriate. (4) The amount by which a reduced disability or death benefit is increased under paragraph (3) of this subsection (l) may not include post-retirement increases on the amount of the reduction that the member or the beneficiary of a deceased member would have been eligible to receive had his or her disability or death benefit not been reduced. (5) This system shall restore, as of June 30, 1998, in the manner provided for in paragraph (3) of this subsection (l), any amount offset against the disability or death benefit of any member or beneficiary of a deceased member: (A) whose disability or death benefit was reduced by a Workers’ Compensation benefit arising out of a disability or death that occurred before June 30, 1998; and (B) whose Workers’ Compensation benefit has been determined by the system’s actuary to be fully recovered before June 30, 1998, according to the method described in paragraph (2) of this subsection (l). (m) (1) If any living retired member changes the type or kind of retirement allowance elected by him as provided in subsection (k)(1), then any payments which may have been made prior to such change are to be taken into account in arriving at the amount to be paid in connection with the retirement allowance finally selected. (2) Any member who retires and dies within 30 days after his effective date of retirement and who has been granted a retirement allowance of maximum benefits either for service, ordinary disability, or special disability, or who has elected to receive one of the several optional allowances available in lieu thereof, shall be considered as a member dying in active service and the benefits provided in § 34(h) shall be paid as therein provided. (3) Any retirement allowance payments made to any retired member, who dies within 30 days after his effective date of retirement, shall be offset against any amounts payable under the provisions of § 34(h). (n) (1) Subject to the conditions, deductions and limitations hereinafter set forth, any member who has been retired and who is entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the benefits and even though the benefits may have been incorrectly determined, shall receive a minimum total retirement benefit of $4,000 per annum in lieu of any lesser retirement benefits, including supplemental payments, which such retiree was entitled to receive on the day immediately preceding the effective date of this ordinance. (2) Subject to the conditions, deductions and limitations hereinafter set forth, any surviving beneficiary of a member who was retired and subsequently died before the effective date of this ordinance, and who (beneficiary) is entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the benefits and even though the benefits may have been incorrectly determined, shall receive a minimum total retirement benefit of $2,000 per annum in lieu of any lesser retirement benefits, including supplemental payments, which such beneficiary was entitled to receive on the day immediately preceding the effective date of this ordinance. (3) Subject to the conditions, deductions and limitations hereinafter set forth, any beneficiary who becomes eligible for periodically paid retirement benefits as a result of the death of a retired member which death occurs after the effective date of this ordinance, and which retired member was entitled to receive periodically paid retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, regardless of what basis was used for calculating the deceased retired member’s benefits, and even though the benefits may have been incorrectly determined, said beneficiary of the deceased retired member shall receive a minimum benefit of $2,000 per annum in lieu of any lesser retirement benefits, including supplemental payments. (4) Said minimum benefit of $4,000 for a retired member provided in paragraph (1) and the minimum benefit of $2,000 for any surviving beneficiary of a deceased retired member provided for in paragraphs (2) and (3) shall be subject to the following conditions, deductions and limitations: (a) Said minimum benefit of $4,000 provided for any retired member shall in no event exceed the maximum salary, excluding longevity pay, life, medical and health insurance premiums paid by the City, and other like benefits paid by the City, payable on the effective date of this ordinance, to employees holding positions comparable to the position held by the retired member immediately before his retirement. (b) Said minimum benefit of $2,000 provided for any beneficiary of a deceased retired member shall in no event exceed ½ the maximum salary, excluding longevity pay, life, medical and health insurance premiums paid by the City, and other like benefits paid by the City, payable on the effective dated of this ordinance, comparable to the position held by the deceased retired member immediately before his retirement. (c) In the event that a retired member or deceased retired member had less than 25 years of service, the aforesaid minimum total retirement benefits of $4,000 payable to a retired member and the minimum total retirement benefits of $2,000 payable to any beneficiary of any deceased retired member, shall be reduced, pro rata, by each year and the decimal proportion of a year of service less than 25 years. (d) In the event that any unmarried retired member or any married retired member and his spouse have earned income or are entitled to receive social security benefits, or both, the total minimum retirement benefits of $4,000 provided for a retired member shall be reduced by the sum of both the earned income and social security entitlement of any unmarried retired member or any married retired member and his spouse, on a dollar-for-dollar basis up to a maximum reduction of $1,000 per annum. In the event that a deceased retired member’s beneficiary has earned income or is entitled to receive social security benefits, or both, the minimum retirement benefits of $2,000 provided for a beneficiary shall be reduced by the total of both any earned income and social security entitlement on a dollar for dollar basis up to a maximum reduction of $1,000 per annum. Social security entitlement shall include not only social security benefits which are actually being collected by the retired member, spouse or beneficiary, but shall also include the amount that the retired member, spouse or beneficiary first qualified for by reason of age or other circumstances, plus any increases of any kind in social security benefits, even though no application has been actually made for the receipt of these benefits. Earned income shall mean wages, commissions, or other compensation received by any retired member, spouse or beneficiary for services rendered in the capacity of an employee or self-employed, which was paid to them in consideration for any services rendered. It shall not include interest income, dividend income or any other unearned income which was paid to the recipient without services being rendered. Every retired member shall submit, before May 1 of each year, on a form approved by the Board of Trustees, a signed statement setting forth the total earned income and the total social security benefit entitlement of the retired member and his spouse, if any, for the immediately preceding calendar year. Every beneficiary of a deceased member shall submit before May 1 of each year on a form approved by the Board of Trustees, a signed statement setting forth the total earned income and the total social security benefit entitlement of the beneficiary for the immediately preceding calendar year. The said form and its contents completed by a retired member or a deceased retired member’s beneficiary shall be certified and sworn to before a notary public. Should any retired member or a deceased retired member’s beneficiary fail to submit said signed statement as required, they shall not be entitled to the aforesaid minimum income benefit provided in this subsection until they have complied. However, they shall be entitled to receive the same benefit as they were entitled to receive on the day immediately preceding the effective date of this ordinance. (e) In no event shall any retired member or a deceased retired member’s beneficiary receive less than a 5% benefit increase, except those eligible for the aforesaid $4,000 or $2,000 minimum benefits, respectively, and those who have not filed the statements in accordance with the provisions of subsection (n)(4)(d), over and above the amount of the total annual retirement benefits, including supplemental payments, that they were entitled to receive under the provisions of this subtitle on the day immediately preceding the effective date of this ordinance. (f) The basis to be used in determining the eligibility for and computation of the new minimum total retirement benefits provided by this § 34(n) shall be the total annual retirement benefits, including supplemental payments, on the day immediately preceding the effective date of this ordinance, used to calculate periodic payments due a retired member or a deceased members’ beneficiary on the last payroll period immediately preceding the effective date of this ordinance, regardless of the basis used for calculating the benefits and even though the benefits may have been incorrectly determined. However, if the total annual benefits, including supplemental payments, used in calculating the periodic payments are less than those which would have been paid to the retired member or the deceased retired member’s beneficiary if the new definition of “service” under this ordinance were implemented, then the lesser retirement benefits are to be recalculated in conformity with the new definition of “service” as provided for under this ordinance, before determining the eligibility for and computation of the $4,000 minimum for a retired member and the $2,000 minimum for a deceased retired member’s beneficiary and the 5% minimum guarantee for a retired member or a deceased retired member’s beneficiary. (g) This subsection shall not be applicable to a beneficiary who received a lump sum benefit instead of a periodically paid retirement allowance. (h) The total minimum benefits provided by this subsection shall cease at the time that the retired member or deceased retired member’s beneficiary is no longer entitled to receive a periodically paid pension, annuity, or both, under any other subsection of this subtitle. It is further provided that the total minimum retirement benefits guarantee so discontinued, with the exception of paragraph (4)(d) of this subsection, shall not be reinstated upon any subsequent reemployment and eligibility for retirement as a result of such reemployment. (i) For purposes of applying this subsection of the ordinance, the minimum benefit of $2,000 for a surviving beneficiary of a retired member in paragraphs (2) and (3) and (4)(e) is to be paid, subject to the same conditions, deductions, and limitations as are provided for a beneficiary of a retired member, to a widow or a dependent child or children who are receiving periodic payments under the provisions of § 34(h)(4) of this subtitle as a result of the death of a member before the effective date of this ordinance. (o) (1) Notwithstanding anything to the contrary contained in § 34(n), effective with the 1st day of the 1st full pay period after July 1, 1975, any retiree who has 25 years or more of service and who is eligible for the benefits provided for in § 34(n), and who is eligible to receive, as of June 30, 1975, total annual retirement benefits in an amount under $4,400, subject to the limitations herein, shall be entitled to receive an increase of $400 over and above the amount that the retiree was eligible for as of June 30, 1975. However, if the $400 increment would result in the retiree’s receiving total retirement benefits in excess of $4,400, then such retiree shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $4,400. (2) Notwithstanding anything to the contrary contained in § 34(n), effective with the 1st day of the 1st full pay period after July 1, 1975, any beneficiary of a member who had 25 years or more of service and who is eligible for the benefits provided for in § 34(n), and who is eligible to receive, as of June 30, 1975, total annual retirement benefits in an amount under $2,200, subject to the limitations herein, shall be entitled to receive an increase of $200 over and above the amount that the beneficiary was eligible for as of June 30, 1975. However, if the $200 increment would result in the beneficiary’s receiving retirement benefits in excess of $2,200, then such beneficiary shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $2,200. (3) In the event that a retired member or deceased retired member had less than 25 years of service, the aforesaid $400 increase payable to a retired member and the $200 increase payable to any beneficiary of any deceased retired member, shall be reduced, pro rata, by each year and the decimal proportion of a year of service less than 25 years. However, if the reduced pro rata increment would result in the retiree’s receiving total retirement benefits in excess of $4,400, then such retiree shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $4,400, or if the reduced pro rata increment would result in the beneficiary’s receiving retirement benefits in excess of $2,200, then such beneficiary shall only be entitled to receive such lesser increase as would result in his or her receiving a total annual benefit of $2,200. (4) Notwithstanding anything to the contrary contained in § 34(n), any social security entitlement and earned income offsets provided for in § 34(n)(4)(d) shall, after July 1, 1975, not exceed the retiree’s or the beneficiaries’ offset which was used to calculate § 34(n) benefits on June 30, 1975. Should any such offset in any subsequent year be less than the June 30, 1975 offset, then the retiree or beneficiary shall, upon proper application, be entitled to receive the appropriate increase in § 34(n) benefits, in addition to the increased benefits provided for in this subsection. (p) In addition to the benefits provided for in this subtitle, any member who was retired on or before June 30, 1977, and who was receiving a periodically paid retirement benefit under this system shall be entitled to receive an increase in his total retirement benefits including §§ 34(n) and 34(o) adjusted benefits, effective with the 1st full pay period on or after July 1, 1979, in an amount equal to 5% of the total retirement benefits including §§ 34(n) and 34(o) adjusted increases, which said retiree was receiving on June 30, 1977, subject to a maximum increase of $260 a year. However, such maximum increase of $260 shall be reduced, pro rata, by each year and the decimal proportion of a year of the retiree’s service which was less than 25 years at the time of the member’s retirement. In addition to the benefits provided for in this subtitle, any beneficiary of a deceased retiree who became a beneficiary on or before June 30, 1977, as a result of the death of a retired member, which death occurred on or before June 30, 1977, and which beneficiary is receiving a periodically paid retirement benefit under this system, shall be entitled to receive an increase in his or her total retirement benefits including §§ 34(n) and 34(o) adjusted benefits, starting with the 1st full pay period on or after July 1, 1979, in an amount equal to 5% of the total retirement benefits including §§ 34(n) and 34(o) adjusted increases, which said beneficiary was receiving on June 30, 1977, subject to a maximum increase of $130 a year. However, such maximum annual increase of $130 shall be reduced, pro rata, by each year and the decimal proportion of a year that the original member retiree’s service was less than 25 years at the time the member retired. In addition to the benefits provided for in this subtitle, any beneficiary who becomes eligible for periodically paid retirement benefits as a result of the death of a retired member, which death occurs on or after July 1, 1977, and which member was retired and receiving benefits on or before June 30, 1977, shall be entitled to receive an increase in the total retirement benefits including §§ 34(n) and 34(o) adjusted increases, starting with the 1st full pay period on or after July 1, 1979, (or if the retired member dies after July 1, 1979, then the 1st pay period after the retired member’s death) in an amount equal to 5% of the total retirement benefits including §§ 34(n) and 34(o) adjusted increases, which said beneficiary was receiving on June 30, 1979, (or at the time of the retired member’s death, if later) subject to a maximum increase of $130 a year. However, such maximum increase of $130 shall be reduced, pro rata, by each year and the decimal proportion of a year that the original member retiree’s service was less than 25 years at the time of the original member’s retirement. The increases provided for under this section shall not be applicable to any retired member or any beneficiary of a deceased retired member who received a lump-sum benefit instead of a periodically paid retirement allowance. In addition, the benefits provided for in this section shall cease at the time that the retired member dies, or the deceased retired member’s beneficiary shall no longer be entitled to receive a periodically paid pension, annuity, or both, under any other section of this subtitle. It is further provided that the increases under this section when so discontinued, shall not be reinstated upon any subsequent reemployment and subsequent eligibility for retirement as a result of such reemployment. (q) Beginning July 1, 1982, any member who was retired between July 1, 1962, and July 1, 1973, shall be entitled to have his periodically paid retirement benefit under this system calculated on his average final compensation as defined in § 30(11). The provisions of this section shall apply prospectively from July 1, 1982. (r) Beginning July 1, 1984, any beneficiary receiving a periodically paid retirement benefit which is based on the average final compensation of 5 years of a deceased member shall be entitled to have said retirement benefit recomputed on the basis of an average final compensation as defined in § 30(11) for said deceased member. No retroactive payments for any such increased benefits shall be made to any eligible beneficiaries. (r-1) (1) A member or former member who applies for a line-of-duty disability benefit under subsection (e-1) of this section or for a 100% line-of-duty disability benefit under subsection (f-1) of this section is entitled to the benefit, without regard to the 5-year statute of limitations set by subsection (e-1)(1)(ii) of this section, if the applicant: (i) files a completed application with the Board of Trustees on or after January 3, 2005, and on or before April 1, 2005; and (ii) is found by a hearing examiner to be otherwise eligible for the benefit by having met all other criteria set by law. (2) If a retired or former member was denied a line-of-duty disability benefit because a hearing examiner found that he or she had not filed the application within 5 years of his or her injury, the retired or former member is nonetheless entitled to the line-of-duty disability benefit if she or he: (i) files a new completed application with the Board of Trustees on or after January 3, 2005, and on or before April 1, 2005; and (ii) is found by a hearing examiner to be otherwise eligible for the line-of-duty disability benefit originally applied for by having met all other criteria set by law at the time of his or her original application. (s) (1) Members, beneficiaries of members, and any surviving beneficiaries of members whose retirement was effective before July 1, 1986, shall receive a 3.7% increase in their retirement benefits as of June 30, 1997, subject to paragraph (3) of this subsection. (2) Members, beneficiaries of members, and any surviving beneficiaries of members whose retirement was effective on or after July 1, 1986, and before July 1, 1988, shall receive a 0.2% increase in their retirement benefits as of June 30, 1997, subject to paragraph (3) of this subsection. (3) The retirement benefit increases provided under paragraphs (1) and (2) of this subsection shall not apply to members and their beneficiaries who are receiving benefits under § 34(f)(3) or to beneficiaries of members receiving benefits under § 34(h)(4) or 34(i). (s-1) (1) If a spousal beneficiary of a sworn member who, before August 1, 1996, retired or died while in service with 20 or more years of service is receiving periodic retirement benefits from this System as of June 30, 2010, in an annual amount that is less than $16,000, that beneficiary shall receive an increase in his or her periodic retirement benefits so that the annual amount of those benefits equals $16,000. This increase shall be payable with the first full payroll period beginning after July 1, 2010. (2) If a spousal beneficiary of a sworn member who, before August 1, 1996, retired or died while in service with 20 or more years of service, commences receiving benefits from this System on or after July 1, 2010, the annual amount of that beneficiary’s periodic retirement benefits shall be not less than $16,000. (3) If a spousal beneficiary’s retirement benefits under this System are subject to a domestic relations order, the annual amount of that beneficiary’s benefits prior to assignment under that order shall be used in determining whether the beneficiary is eligible for the minimum benefit under this subsection. (s-2) (1) If a spousal beneficiary of a sworn member who, before August 1, 1996, retired on account of a line-of-duty disability with less than 20 years of service is receiving periodic retirement benefits from this System as of December 31, 2011, in an annual amount that is less than $16,000, that beneficiary shall receive an increase in his or her periodic retirement benefits so that the annual amount of those benefits equals $16,000. This increase shall be payable with the first full payroll period beginning after January 1, 2012. (2) If a spousal beneficiary of a sworn member who, before August 1, 1996, retired on account of a line-of-duty disability with less than 20 years of service commences receiving benefits from this System on or after January 1, 2012, the annual amount of that beneficiary’s periodic retirement benefits shall be not less than $16,000. (3) If a spousal beneficiary’s retirement benefits under this System are subject to a domestic relations order, the annual amount of that beneficiary’s benefits prior to assignment under that order shall be used in determining whether the beneficiary is eligible for the minimum benefit under this subsection. (t) (1) Notwithstanding any other provision of this subtitle, no benefits are provided under this subtitle to the extent that they exceed the limitations applicable to governmental plans covering Police and Fire Department employees in Internal Revenue Code § 415 and the regulations adopted under it. (2) The $160,000 dollar limitation under Internal Revenue Code § 415(b)(1)(A) shall be automatically adjusted under § 415(d), effective January 1 of each year and as published in the Internal Revenue Bulletin. Automatic Adjustments under § 415(d) that become effective after a member has terminated employment with the City shall apply with respect to that member’s benefit. (u) (1) Distributions under this subtitle shall be made in accordance with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9), as applicable to this System. This subsection is intended to comply with a reasonable good faith interpretation of Internal Revenue Code § 401(a)(9) to the extent applicable to this System, and may not be interpreted to impose any requirements on this System or on any member or beneficiary of this System beyond those required to comply with a reasonable good faith interpretation of § 401(a)(9). This subsection only specifies the latest permissible time by which distributions must begin and the longest permissible period over which distributions may be made, and in no way precludes any earlier commencement or more rapid distribution provided for in this subtitle. (2) Distribution of a member’s retirement benefit shall begin no later than the April 1 following the calendar year during which the member both has reached age 70½ and has terminated employment with the City. Distribution shall be made over a period not extending beyond the life of the member or the joint lives of the member and his or her beneficiary. (3) If a member dies before distribution of his or her retirement benefit begins, the member’s entire benefit shall be distributed within 5 years after death. This requirement is deemed satisfied by any distribution of the member’s benefit payable to his or her designated beneficiary over a period not extending beyond the life or life expectancy of the beneficiary, as long as those distributions begin no later than December 31 of the calendar year following the calendar year of the member’s death. However, if the designated beneficiary is the member’s surviving spouse, the date on which the distributions are required to begin is December 31 of the calendar year in which the member would have attained age 70½. This paragraph (3) does not apply if distribution of the member’s benefit began before his or her death and the remaining portion of the member’s benefit is distributed at least as rapidly as under the method of distribution being used at the date of the member’s death. Any amount paid to a child is treated as if it had been paid to a surviving spouse if that amount is paid to the surviving spouse when that child reaches the age of majority. (v) (1) The annual compensation of each member taken into account under this subtitle shall not exceed the federal Omnibus Budget Reconciliation Act of 1993 (“OBRA ’93") annual compensation limit. The OBRA ’93 annual compensation limit is $150,000, adjusted for cost of living increases under Internal Revenue Code § 401(a)(17)(B) and subject to the fresh start provisions set forth in paragraph (2) of this subsection. The cost of living adjustment in effect for a calendar year applies to any period not exceeding 12 months over which compensation is determined (the “determination period”) beginning in that calendar year. If a determination period consists of fewer than 12 months, the annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the short determination period and the denominator of which is 12. If compensation for any prior determination period is taken into account in determining a member’s retirement benefit in the current year, the compensation for that prior determination period is subject to the OBRA ’93 annual compensation limit for that prior determination period. For this purpose, for determination periods beginning before July 1, 1994, the OBRA ’93 annual compensation limit is $150,000. (2) (A) In this paragraph, A’ 401(a)(17) member” means any member on or after July 1, 1994, whose annual compensation for any year before 1994 exceeded $150,000. (B) This paragraph (2) applies to determine the retirement benefit of a § 401(a)(17) member. (C) The retirement benefit of a § 401(a)(17) member shall be the greater of (i) or (ii) below: (i) the member’s retirement benefit on June 30, 1994, determined as though the member terminated service with the City on that date, without regard to any amendments to this subtitle enacted after that date and taking into account annual compensation up to the applicable § 401(a)(17) limitation for each year before July 1, 1994; or (ii) the member’s retirement benefit, determined without regard to this paragraph (2). (3) Paragraphs (1) and (2) apply to benefits earned before January 1, 2002. For benefits earned on or after January 1, 2002, a member’s annual compensation taken into account under this subtitle may not exceed the amount determined by the Secretary of the Treasury under Internal Revenue Code § 401(a)(17). (w) (1) (A) In this subsection, the following terms have the meanings indicated: (B) (i) “Eligible rollover distribution” means any distribution of all or any portion of the balance to the credit of the distributee. (ii) “Eligible rollover distribution” does not include: 1. any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee’s designated beneficiary, or for a specified period of 10 years or more; 2. any distribution to the extent that it is required under Internal Revenue Code § 401(a)(9); and 3. the portion of any distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities. (iii) 1. A portion of a distribution does not fail to be an “eligible rollover distribution” merely because the portion consists of after-tax employee contributions that are not includible in gross income. 2. However, the portion may be transferred only to: i. an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (b); ii. for taxable years beginning after December 31, 2001, and before January 1, 2007, to a qualified trust that is part of a defined contribution plan that agrees to separately account for amounts so transferred, including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible; or iii. for taxable years beginning after December 31, 2006, to a qualified trust or to an annuity contract described in Internal Revenue Code § 403(B), if the trust or contract provides for separate accounting for amounts so transferred (including interest on those amounts), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. (C) “Eligible retirement plan” means any of the following that accepts the distributee’s eligible rollover distribution: (i) an individual retirement account described in Internal Revenue Code § 408(a); (ii) an individual retirement annuity described in Internal Revenue Code § 408(b); (iii) an annuity plan described in Internal Revenue Code § 403(a); (iv) a qualified trust described in Internal Revenue Code § 401(a); (v) an eligible deferred compensation plan described in Internal Revenue Code § 457(b) that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of either; (vi) an annuity contract described in Internal Revenue Code § 403(b); or (vii) for distributions made on or after January 1, 2008, a Roth IRA described in Internal Revenue Code § 408A, subject to the restrictions that apply to rollovers to a Roth IRA. (D) (i) “Distributee” means an employee or former employee. (ii) In addition, the employee’s or former employee’s surviving spouse and the employee’s or former employee’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Internal Revenue Code § 414(p), are “distributees” with regard to the interest of the spouse or former spouse. (iii) Effective July 1, 2010, a “distributee” also includes the employee’s or former employee’s nonspouse designated beneficiary. In the case of a nonspouse beneficiary, the direct rollover may be made only to an individual retirement account or annuity described in Internal Revenue Code § 408(a) or (B) (“IRA”) that is established on behalf of the designated beneficiary and that will be treated as an inherited IRA under § 402(c)(11). (E) “Direct rollover” means a payment under this subtitle to the eligible retirement plan specified by the distributee. (2) Notwithstanding any provision of this subtitle that would otherwise limit a distributee’s election under this section, a distributee may elect, at the time and in the manner prescribed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (x) On the effective date of a termination or partial termination of this System, as determined under applicable Internal Revenue Service regulations and rulings, and notwithstanding any other provision of this subtitle, all affected members who are not already vested in their accrued benefit must be immediately vested in that benefit, to the extent the benefit is funded. (y) *History: Ord. 62-1285* *History: Ord. 64-137* *History: Ord. 65-602* *History: Ord. 65-605* *History: Ord. 67-1022* *History: Ord. 67-1080* *History: Ord. 70-874* *History: Ord. 70-875* *History: Ord. 70-953* *History: Ord. 72-177* *History: Ord. 72-237* *History: Ord. 73-418* *History: Ord. 73-420* *History: Ord. 74-552* *History: Ord. 75-975* *History: Ord. 79-1055* *History: Ord. 79-1126* *History: Ord. 80-111* *History: Ord. 82-809* *History: Ord. 84-021* *History: Ord. 86-731* *History: Ord. 86-762* *History: Ord. 86-766* *History: Ord. 88-123* *History: Ord. 89-232* *History: Ord. 91-786* *History: Ord. 91-849* *History: Ord. 91-829* *History: Ord. 93-251* *History: Ord. 93-262* *History: Ord. 95-525* *History: Ord. 96-042* *History: Ord. 97-164* *History: Ord. 98-290A* *History: Ord. 98-319* *History: Ord. 00-049* *History: Ord. 03-576* *History: Ord. 04-889* *History: Ord. 07-584* *History: Ord. 09-209* *History: Ord. 10-257* *History: Ord. 10-306* *History: Ord. 10-357* *History: Ord. 11-444* *History: Ord. 11-520* *History: Ord. 12-043* *History: Ord. 14-268* *History: Ord. 19-254* *History: Ord. 20-459* *History: * #### § 34.1 Benefit payments. Balt., Md., Code art. 22, § 34.1 (2026) (a) Unless otherwise provided, all retirement allowances or other benefits paid by this System shall be paid monthly. (b) Unless otherwise provided, retirements for all members and beneficiaries of this System take effect on the 1st day of a calendar month and shall be paid on the 15th day of that calendar month. (c) (1) Death and survivorship benefits for beneficiaries payable under this subtitle take effect on the 1st day of the calendar month following the month in which the member dies and shall be paid on the 15th day of that calendar month. (2) For the calendar month in which the death of a retired member or beneficiary occurs, this System shall owe and pay the entire monthly allowance due to a retired member or beneficiary. (d) (1) (i) “Periodic benefit payments” means all periodic benefit payments made by this system. (ii) “Periodic benefit payments” does not include any one-time, lump-sum payment. (2) Except as provided in paragraph (3) of this subsection: (i) all periodic benefit payments made by this system shall be paid by electronic funds transfer; and (ii) each recipient of periodic benefit payments shall: (A) designate a financial institution or other authorized payment agent; and (B) provide the system with the information necessary for the recipient to receive electronic funds transfer payments through the payment agent so designated. (3) (i) The Board of Trustees may waive the requirements of this section on written request of a recipient of periodic benefit payments demonstrating hardship to receive funds by electronic transfer. (ii) Periodic benefit payments shall be paid to any recipient granted a waiver under this paragraph by any method determined appropriate by the Board of Trustees. *History: Ord. 15-381* *History: Ord. 19-254* #### § 35 Management of Funds. Balt., Md., Code art. 22, § 35 (2026) (a) The Board of Trustees shall be the trustees of the several funds of the Fire and Police Employees’ Retirement System of Baltimore created by Article 22 under this subtitle as provided in § 36. The Board of Trustees shall have the power to invest and reinvest such funds in the following types or classes of assets subject to the limitations, if any, as set forth with regard to each type or class of investment. The Board of Trustees has the duty and responsibility of periodically determining investment policies consistent with the capital market environment, and the actuarial characteristics of the Fire and Police Employees’ Retirement System and to publish these investment policy guidelines by filing a copy of them with the Department of Legislative Reference. All contributions from time to time paid into the several funds, and the income thereof, without distinction between principal and income, shall be held and administered by the Board of Trustees or its agents in the funds, and the Board shall not be required to segregate or invest separately any portion of the funds. Provided, however, that nothing in this section shall be deemed to render illegal or to invalidate the making and holding of any investment heretofore made and now remaining in said funds where such investment when made was authorized by law prior to the enactment of this section; and provided further, that nothing herein shall be deemed to prevent the Board of Trustees from accepting, in lieu or substitution of securities representing investments heretofore validly made, other securities not of the kind enumerated but authorized by ordinance as investments for the said Board prior to the enactment of this section, where the Board shall deem such substitution of securities desirable to preserve the investment of the said funds. Subject to the terms, provisions and conditions contained herein, said Trustees shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as the proceeds of said investments and any moneys belonging to said funds. (1) (i) 1. In this paragraph (1), the following words have the meanings indicated. 2. “Company” means any corporation, utility, partnership, joint venture, franchisor, franchisee, trust, entity, investment vehicle, financial institution, or its wholly-owned subsidiary. 3. “Divestment action” means selling, redeeming, transferring, exchanging, or otherwise disposing or refraining from further investment in certain investments. 4. “Doing business in Sudan” means maintaining equipment, facilities, personnel, or other apparatus of business or commerce in Sudan, including ownership of real or personal property in Sudan, or engaging in any business activity with the Government of Sudan. 5. A. “Sudan” means the government in Khartoum, Sudan, that is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006, including the coalition National Unity Government agreed on in the Comprehensive Peace Agreement for Sudan. B. “Sudan” does not include the regional government of southern Sudan. 6. A. “Actively managed separate account” means the accounts of the System that are actively managed at the direction of the Board of Trustees and held in separate accounts. B. “Actively managed separate account” does not include: 1. indexed funds, 2. private equity funds, 3. hedge funds, 4. real estate funds, and 5. other commingled or passively managed funds. (ii) Each Investment Manager engaged by the Board will provide to the Board quarterly written reports presenting a list of: 1. securities of companies under management doing business in Sudan, and 2. securities or instruments issued by Sudan held by the Investment Manager, in which System funds are invested. (iii) In preparing reports required in subparagraph (ii) of this paragraph (1), an investment manager shall reference the U.S. Department of the Treasury’s Office of Foreign Assets Control, Institutional Shareholder Services, or other list approved by the Board of Trustees. (iv) Consistent with the fiduciary duties of the Board of Trustees under this Article 22, and the provisions of subparagraph (v) of this paragraph (1), the Board of Trustees may take divestment action in actively-managed separate accounts with regard to investments in: 1. any bank or financial institution that makes loans to the Republic of Sudan, 2. a national corporation of Sudan, and 3. the stocks, securities, or other obligations of any company doing business in or with Sudan. (v) In determining whether to take divestment action under subparagraph (iv) of this paragraph (1) with regard to the investment of funds in actively-managed separate accounts in a company doing business in Sudan, the Board of Trustees may consider the following: 1. revenues paid by a company directly to the government of Sudan, 2. whether a company supplies infrastructure or resources used by the government of Sudan to implement its policies of genocide in Darfur or other regions of Sudan, 3. whether a company knowingly obstructs lawful inquiries into its operations and investments in Sudan, 4. whether a company attempts to circumvent any applicable sanctions of the United States, 5. the extent of any humanitarian activities undertaken by a company in Sudan, 6. whether a company is engaged solely in the provision of goods and services intended to relieve human suffering, or to promote welfare, health, education, or religious or spiritual activities, 7. whether a company is authorized by the federal government of the United States to do business in Sudan, 8. evidence that a company has engaged the government of Sudan to cease its abuses in Darfur or other regions in Sudan, 9. whether a company is engaged solely in journalistic activities, 10. the economic impact of the divestment from the portfolio, and 11. any other factor that the Board of Trustees deems prudent. (vi) If the Board of Trustees takes divestment action under subparagraph (iv) of this paragraph (1) with respect to investments in a company, the Board of Trustees shall direct the investment manager to provide the company with written notice of its decision and reasons for the decision. (vii) On or before October 1 of each year, the Board of Trustees shall submit a report to the City Council that provides: 1. all divestment actions taken by the Board in accordance with this paragraph (1), 2. a list of those companies doing business in Sudan and of those securities or instruments issued by Sudan, as reported to the Board by its investment managers under subparagraph (ii) of this paragraph (1), from which the Board has not divested; and 3. other developments relevant to investment in companies doing business in Sudan. (2) (i) On and after the 1st day of the 1st quarter of fiscal year 1994, no monies or funds held under any provision of the Retirement System shall be invested in the stocks, securities or other obligations of any bank or financial institution which makes loans to Northern Ireland, or to a national corporation of Northern Ireland, or in the stocks, securities, or other obligations of any company doing business in or with Northern Ireland, or whose subsidiary or affiliate does business in or with Northern Ireland, unless the bank, financial institution, national corporation of Northern Ireland or any company or that company’s subsidiary doing business in or with Northern Ireland has adopted and follows the goals known as the MacBride Principles: 1. increased representation of individuals from under-represented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs; 2. adequate security for the protection of minority employees at the work place and while traveling to and from work; 3. ban of provocative religious or political emblems from the work place; 4. public advertisement of all job openings and special recruitment efforts made to attract applicants from under-represented religious groups; 5. layoff, recall and termination procedures not to favor particular religious groups; 6. abolition of job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of religion or ethnic origin; 7. development of training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of minority employees; 8. establishment of procedures to assess, identify and actively recruit minority employees with potential for further advancement; and 9. appointment of a senior management staff member to oversee the company’s affirmative action efforts and the setting up of timetables to carry out affirmative action principles. (ii) Business entities doing business in Northern Ireland shall be identified by reference to the most recent report of Investor Responsibility Research Center, Incorporated concerning Northern Ireland. (iii) 1. Notwithstanding the provisions of § 35(a)(2)(i) with respect to corporations doing business in Northern Ireland, the Board of Trustees shall, consistent with sound investment policy, make investments in such a manner as to encourage corporations that, in the Board’s determination, pursue a policy of affirmative action in Northern Ireland. 2. Whenever feasible, the Board shall sponsor, cosponsor, and support shareholder resolutions designed to encourage corporations in which the Board has invested to pursue a policy of affirmative action in Northern Ireland. 3. The provisions of § 35(a)(2) shall not be construed to require the Board to dispose of existing investments. (3) (i) 1. In this paragraph (3), the following terms have the meanings indicated. 2. A. “Actively managed separate account” means assets of the System that are actively managed at the direction of the Board of Trustees and held in a separate account. B. “Actively managed separate account” does not include: 1. an indexed fund; 2. a private equity fund; 3. a hedge fund; 4. a real estate fund; or 5. any other commingled or passively managed fund. 3. “Company” means any sole proprietorship, organization, association, corporation, limited liability company, utility, partnership, joint venture, or any other entity or business association, including any wholly-owned subsidiary, majority-owned subsidiary, or parent entity of any company. 4. “Divest” or “divestment action” means selling, redeeming, transferring, exchanging, or otherwise disposing or refraining from further investment in certain investments. 5. “Fossil fuel company” means a company listed in the 200 publicly traded coal, oil, and gas companies that hold reported fossil fuel reserves with the largest potential carbon emissions, as ranked and updated annually in or any successor index. (ii) Except as otherwise provided in this paragraph (3), the Board of Trustees may not make any new investments in any fossil fuel company within an actively managed separate account. (iii) At least every 6 months, the Board of Trustees shall review the investment holdings in each actively managed separate account and identify each investment in any fossil fuel company. (iv) Except as otherwise provided in this paragraph (3), the Board of Trustees shall: 1. by July 1, 2022, divest at least 20% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022; 2. by July 1, 2023, divest at least 40% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022; 3. by July 1, 2024, divest at least 60% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022; 4. by July 1, 2025, divest at least 80% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022; and 5. by July 1, 2026, divest at least 100% of its investments in fossil fuel companies held in any actively managed separate account as of January 1, 2022. (v) 1. Nothing in this paragraph (3) shall require the Board to take action as described in this paragraph (3) unless the Board determines, in good faith, that the action is consistent with the fiduciary duties and responsibilities of the Board as required by law. 2. If the Board of Trustees finds that a delay in divesting from a fossil fuel company is necessary due to its fiduciary duty, the Board shall, within 30 days of that finding, report the delay to the Mayor, the Board of Estimates, and the City Council and report an estimated timeline for the resumption of divestment. (vi) 1. Before divesting from a fossil fuel company under this paragraph (3), the Board shall provide written notice and an opportunity to respond in writing to each company subject to the divestment action. 2. No divestment action may occur until 90 days from the date of the notice described in sub-subparagraph 1. of this subparagraph (vi). 3. No divestment action may occur if the company demonstrates to the Board of Trustees that it is exempt from divestment under subparagraph (vii) of this paragraph (3). (vii) The divestment requirements and investment prohibitions of this paragraph (3) do not apply to any company that can demonstrate to the Board of Trustees that the company: 1. has stopped exploring for new hydrocarbons; 2. contractually agrees not to develop or sell 80% of its current proven fossil fuel reserves; and 3. has ceased lobbying or attempting to influence City, state, or federal government officials to preserve fossil fuel subsidies, tax breaks, or the company’s competitive advantage with respect to clean, renewable energy. (viii) On or before June 30 of each year, the Board of Trustees shall submit a report to the Mayor and City Council detailing the operation and compliance with this paragraph (3). The report shall include: 1. identification of each investment in a fossil fuel company held in an actively managed separate account; 2. a list of each divestment action taken under this paragraph (3) in the prior fiscal year; 3. a description of each decision to delay divestment; and 4. a calculation of the administrative cost of compliance with this paragraph (3). (b) (c) For the purpose of meeting disbursements for pensions, annuities, and other payments, there may be kept available cash on deposit in one or more banks or trust companies located in the City of Baltimore, organized under the laws of the State of Maryland or of the United States, in such amount as the Trustees may by resolution from time to time adopt, not exceeding a sum equal to the estimated disbursements projected for a period of 15 days. The sums on deposit in bank shall be secured by collateral posted by the depositories of such type and amount as the Board of Finance may prescribe, but in no event shall the market value of such collateral be less than 100% of the amount on deposit according to the depositories’ records. In exercising this authority for bank deposits, the Trustees shall endeavor to minimize the amount of such deposits, and shall consider appropriate money management techniques, including wire transfers of funds and the zero-balance-fee-for-service method of maintaining bank accounts. In no event shall the bank accounts be used as the basis for, or form part of the basis for fees for the investment administrators or be used to provide supplementary compensation for such investment administrators. (d) The Director of Finance, as the Custodian designated in the City Charter, may cause any investment in securities held by the Trustees to be registered in or transferred into the name of the Trustees or into the name of such nominee as the Director of Finance may direct, including a nominee partnership created by the Board of Trustees, or the Director of Finance may retain them unregistered and in form permitting transferability, and further may authorize its contractual agents to deposit securities with “clearing corporations” as defined in § 8-102 of State Commercial Law Article for the express purpose of having such clearing corporations act as centralized depositories of such securities, but the books and records of the Director of Finance and its contractual agents shall at all times show that all such investments are part of the several funds of the Fire and Police Employees’ Retirement System. The authority to make use of a clearing corporation shall include the authority to utilize the “book entry” system of the United States Government, and agencies thereof, for which the Federal Reserve Bank is the authorized fiscal agent. (e) Except as otherwise herein provided, no trustee and no employee of the Board of Trustees shall have any direct interest in the gains or profits of any investment made by the Board of Trustees or their designees, nor as such receive any pay or emolument for his services, except as authorized from time to time by the Board of Estimates. No trustee or employee of the Board shall, directly or indirectly, for himself or as an agent in any manner use said gains or profits, except to make such current and necessary payments as are authorized by the Board of Trustees; nor shall any trustee or employee of the Board of Trustees become an endorser or surety or in any manner an obligor for moneys loaned by or borrowed from the Board of Trustees. (f) Neither the Board of Trustees nor any agent, person or other entity acting on behalf of the Board of Trustees shall be liable for the making, retention or sale of any investment or reinvestment made as herein provided, nor for any loss or diminution of the funds, except that due to his or its own gross negligence, willful misconduct or lack of good faith. (g) The Director of Finance shall be the custodian of the several funds of the Fire and Police Employees’ Retirement System. Supervision of the several funds of the Fire and Police Employees’ Retirement System shall be vested in the Board of Trustees. Subject to the approval of the Board of Estimates, the Board of Trustees may hire and appoint such persons, agents or entities (including corporate fiduciaries) as in its discretion may be required or advisable to enable it to perform such pension fund investment management duties hereunder; provided further, that subject to the approval of the Board of Estimates the Board of Trustees may enter into agency and pension fund investment management agreements with one or more qualified pension fund managers for the purpose of obtaining pension fund investment management for the Fire and Police Employees’ Retirement system and the several funds thereof. Payment for such investment management services shall be made from the resources of the pension fund or funds. (h) The Board of Trustees shall discharge its duties, with respect to the investment of the funds of the Fire and Police Employees’ Retirement System, solely in the interest of the members and beneficiaries and (1) for the exclusive purpose of: (i) providing benefits to members and beneficiaries; and (ii) defraying reasonable expenses of administering the Retirement System. (2) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; (3) by diversifying the investments of the Retirement Systems’ funds so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and (4) in accordance with the provisions of § 35 of this subtitle. *History: Ord. 62-1285* *History: Ord. 64-137* *History: Ord. 65-602* *History: Ord. 65-605* *History: Ord. 67-1022* *History: Ord. 67-1080* *History: Ord. 70-874* *History: Ord. 70-875* *History: Ord. 70-953* *History: Ord. 72-177* *History: Ord. 72-237* *History: Ord. 73-418* *History: Ord. 73-420* *History: Ord. 74-552* *History: Ord. 75-975* *History: Ord. 79-1055* *History: Ord. 79-1126* *History: Ord. 80-111* *History: Ord. 82-809* *History: Ord. 84-021* *History: Ord. 86-731* *History: Ord. 86-762* *History: Ord. 86-766* *History: Ord. 88-123* *History: Ord. 89-232* *History: Ord. 91-786* *History: Ord. 91-849* *History: Ord. 91-829* *History: Ord. 93-251* *History: Ord. 93-262* *History: Ord. 95-525* *History: Ord. 96-042* *History: Ord. 97-164* *History: Ord. 98-290A* *History: Ord. 98-319* *History: Ord. 07-570* *History: Ord. 11-520* *History: Ord. 21-043* #### § 36 Method of financing. Balt., Md., Code art. 22, § 36 (2026) (a) (1) In this System there are: (i) an Annuity Savings Fund; (ii) an Annuity Reserve Fund; (iii) a Pension Accumulation Fund; and (iv) a Pension Reserve Fund. (2) The Board of Trustees shall credit the assets of this System to the appropriate fund according to the purpose for which the assets are held. (b) (1) The Annuity Savings Fund consists of the assets for each member’s annuity portion of the member’s retirement benefit. (2) The Board of Trustees shall credit to each member’s individual account in the Annuity Savings Fund: (i) the contributions made by the member; plus (ii) interest on the member’s accumulated contributions, compounded annually at the rate provided for in § 30(9), from the effective date of membership through termination of membership. (3) From the Annuity Savings Fund, the Board of Trustees shall pay the accumulated contributions of a member that, as provided in this § 36: (i) are withdrawn by the member; or (ii) if a member dies, are paid to the member’s estate or designated beneficiary. (4) When a member retires, the Board of Trustees shall transfer his or her accumulated contributions from the Annuity Savings Fund to the Annuity Reserve Fund. (5) To determine the earnable compensation of a member in a payroll period, the Board of Trustees may treat the rate of annual compensation payable to the member on the 1st day of the payroll period as continuing throughout the payroll period. (6) No deductions may be made from the earnable compensation of a member either entering or leaving service who has worked less than a full payroll period. (7) (i) The member contributions provided for in this section shall be made notwithstanding any resulting reduction in the actual compensation received below the minimum compensation provided for by law for a member. (ii) Each member is deemed to have agreed to make the member contributions required by this section and to have received full compensation. (iii) Except for the benefits provided under this section, the payment of compensation less any member contribution is a complete discharge of all claims for services rendered by an employee during the time covered by the payment. (8) (i) The Board of Trustees shall certify to the Department of Finance the percentage of compensation to be deducted from each member’s earnable compensation. (ii) As each payroll is paid, the Department of Finance shall certify to the Board of Trustees, the member contributions deducted from the compensation of each member employed. (iii) On receipt of the certification from the Department of Finance that a member’s contributions have been deducted from the member’s compensation, the Board of Trustees shall credit those contributions to the member’s account in the Annuity Savings Fund. (9) Subject to the approval of the Board of Trustees, any member may redeposit, by a single payment or by an increased rate of contributions an amount equal to the total amount that the member previously withdrew, plus regular interest as provided for under § 32. (c) The Annuity Reserve Fund shall be the fund from which shall be paid all annuities and all benefits in lieu of annuities, payable as provided in this subtitle. Should a beneficiary retired on account of disability be restored to active service with a compensation not less than his average final compensation at the time of his last retirement, his annuity reserve shall be transferred form the Annuity Reserve Fund to the Annuity Savings Fund and credited to his individual account therein. (d) (1) The Pension Accumulation Fund shall be the fund in which shall be accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by the City of Baltimore and from which shall be paid all pensions and other benefits on account of members with prior service credit and lump sum death benefits for all members payable from the said contributions. Contributions to and payments from the Pension Accumulation Fund shall be made as follows: (2) On account of each member there shall be paid annually into the Pension Accumulation Fund by the City of Baltimore, for the preceding fiscal year, a certain percentage of the earnable compensation of each member to be known as the “normal contribution,” and an additional percentage of his earnable compensation to be known as the “accrued liability contribution”. The rates per centum of such contributions shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuation. (3) On the basis of regular interest and of such mortality and other tables as shall be adopted by the Board of Trustees, the actuary engaged by the Board shall make a valuation to determine the required contribution by the City of Baltimore to the Pension Accumulation Fund. The actuary shall determine a normal cost for each employee which is equal to the amount of annual contribution which is necessary to provide his benefit if such contributions had been made annually from his date of employment to his date of retirement. The total of amounts so determined shall be known as “normal cost contribution”. (4) (i) For each employee, the Board of Trustees shall calculate an accrued liability equal to the accumulation of the annual normal cost contribution described in paragraph (3) of this subsection from date of employment to the valuation date on the basis of the actuarial assumptions adopted by the Board of Trustees. (ii) The accrued liability calculated in accordance with subparagraph (i) shall be added to the reserve for retirement benefits payable to retired members from the Pension Accumulation Fund to obtain the total accrued liability. (iii) The assets of the Pension Accumulation Fund shall be applied against the total accrued liability calculated for all participants to determine the amount of unfunded accrued liability. (iv) If the total accrued liability exceeds the assets in the Pension Accumulation Fund, an accrued liability contribution shall be determined as the amount that is sufficient to meet regular interest on the unfunded accrued liability and to amortize the principal of the unfunded accrued liability over the period determined by the Board of Trustees. (v) If the assets in the Pension Accumulation Fund exceed the total accrued liability, the excess assets shall be amortized over the period determined by the Board of Trustees to reduce the required contribution by the City of Baltimore. (5) The required contribution by the City of Baltimore is the amount equal to the normal cost, plus the accrued liability contribution or less the amortization of the excess assets, as the case may be. However, the aggregate payment by the City must be sufficient, when combined with the amount in the fund, to provide the pensions and other benefits payable out of the fund during the then-current year. (6) All pensions and all benefits in lieu of pensions, with the exception of those payable on account of members who received no prior service allowance, and all lump sum death benefits on account of death in active service payable from contributions of the City of Baltimore shall be paid from the Pension Accumulation Fund. (7) On the retirement of a member not entitled to credit for prior service, an amount equal to that member’s pension reserve shall be transferred from the Pension Accumulation Fund to the Pension Reserve Fund. (e) The Pension Reserve Fund is the fund from which the pension is paid to members not entitled to credit for prior service and benefits in lieu thereof. If such a beneficiary retired on account of disability is restored to active service with compensation not less than his or her average final compensation at the time of his or her last retirement, the pension reserve thereon shall be transferred from the Pension Reserve Fund to the Pension Accumulation Fund. If the pension of such a disability beneficiary is reduced as a result of an increase in his or her earning capacity, the amount of the annual reduction in his or her pension shall be paid annually into the Pension Accumulation Fund during the period of that reduction. (f) (1) Annually, the Board of Trustees shall certify to the Director of Finance the amount of the City’s contribution, as determined by the System’s actuary and presented in the System’s fiscal year end actuarial valuation report approved and adopted by the Board of Trustees. (2) This certification shall be made no later than 90 days before the 1st day of the new fiscal year following the certification, at which date the contribution becomes due to the system. (3) The certified amount of the contribution shall be included in the new fiscal year’s Ordinance of Estimates. (g) (h) (1) Notwithstanding the funding provisions hereinabove set forth in this section, effective with the 1st full payroll period commencing closest to July 1, 1973, the contribution by a member to the retirement system shall equal 5% of his regular compensation, such contribution to continue throughout such member’s entire period of service. However, any member in the system prior to July 1, 1967, who elected to continue contributing at his rate of contribution as established prior to July 1, 1967, and to discontinue contributions at age 50, after 25 years of service, shall continue at a rate which is 1% less than his present rate of contribution. Overtime pay shall not be included within the term “regular compensation”. Effective with the 1st full payroll period commencing closest to January 1, 1989, each member who would otherwise contribute 5% of his regular compensation shall contributed 6½% of his regular compensation, such contribution to continue until the 1st full payroll period commencing closest to July 1, 1989, when it shall become 6¾% of his regular compensation; effective with the 1st full payroll period commencing closest to July 1, 1990, each member shall contribute 7% of his regular compensation, such contribution to continue throughout such member’s remaining period of service. (2) For members in the system prior to July 1, 1967, who elected to discontinue contributions at age 50 in accordance with the preceding paragraph of this § 36(h), effective with the 1st full payroll period commencing closest to January 1, 1989, such member shall contribute 1½% of his regular compensation, such contribution to continue until the 1st full payroll period commencing closest to July 1, 1989, when it shall become 1¾% of his regular compensation; effective with the 1st full payroll period commencing closest to July 1, 1990, each such member shall contribute 2% of his regular compensation, such contribution to continue throughout such member’s remaining period of service. (3) Effective with the 1st full payroll period commencing closest to January 1, 1989, the contributions described in this § 36(h) shall be treated as being “picked up” by the City of Baltimore within the meaning of § 414(h)(2) of the Internal Revenue Code of 1986 as amended. Such picked-up contributions shall not be excluded from “average final compensation” in computing the amount of any retirement allowance under the system or any other benefit paid or payable in connection with the member’s employment. Each member shall at all times be fully vested in such contributions. As soon as administratively practicable, the City shall request a private letter ruling from the Internal Revenue Service to the effect that the contributions so picked up by the City on behalf of members of the retirement system shall be treated as employer contributions described in Code § 414(h)(2) and will not be includable in the member’s gross income for federal income tax purposes for the year in which they are contributed. In the event the Internal Revenue Service rules that the City’s pick up of contributions does not satisfy the requirements of Code § 414(h)(2), or in the event § 414(h)(2) is repealed, the contribution rates set forth in this § 36(h) shall remain in effect, and the contributions shall no longer be treated as picked up by the City but shall be paid instead directly by the member. (4) Effective with the 1st full payroll period commencing after the date of enactment of Ordinance 93-262, each member who would otherwise contribute 7% of his regular compensation according to paragraph (1) above shall instead contribute 6% of his regular compensation, such contribution to continue throughout such member’s remaining period of service. (5) Effective with the 1st full payroll period commencing after the applicable effective date shown below, each member shall contribute the percentage of his or her regular compensation that corresponds to the effective date, this contribution to continue throughout the member’s remaining period of service:
Effective date Percentage of regular compensation
July 1, 2010 7%
July 1, 2011 8%
July 1, 2012 9%
July 1, 2013 10%
(i) Any employee who on July 1, 1967, is a member of the Employees’ Retirement System of the City of Baltimore, or any other pension or retirement fund supported wholly or partly by the City of Baltimore, and is otherwise eligible to be a member of this system, may file with the Board of Trustees on a form prescribed by the Board an election to transfer to the membership of the Retirement System, such election to be filed no later than July 1, 1968, or within 6 months after the appointment of a guardian with respect to the property of an employee who has been determined to be a disabled person whose disability existed on July 1, 1968, provided such election is filed prior to July 1, 1972. An eligible employee who during the aforesaid period files an election to transfer membership to the Retirement System may contribute to such system in excess of the normal contribution as otherwise herein defined the difference between contributions paid by him into the Employees’ Retirement System or any other pension or retirement fund supported wholly or partly by the City of Baltimore, and the amount that he would have been required to pay into the Retirement System from July 1, 1962, to the effective date of his transfer to the Retirement System, such difference to be paid to the Retirement System prior to retirement, with interest to date of payment. In the event that he does not elect to make these additional contributions, any retirement allowance to which he may be entitled shall be reduced by the actuarial equivalent of such contributions which have not been made, together with interest thereon. The total annuity that would have been payable had he been required to make payment of these additional contributions shall be used in determining the amount of the supplemental pension provided under § 34(a)(6). (j) (1) For the purpose of actuarial valuations, the system’s assets shall be carried at current market value and shall be valued on each June 30 valuation date at the then current market value. (2) The Board of Trustees shall annually credit regular interest, less the investment management, custodian, and investment advisor costs on the average account balances for the preceding year, to each of the funds. After payment of fees for pension fund management, custodian, and investment advice or services as provided in §§ 35(g) and 43(a), any excess earnings or deficit earnings of the Funds of this system (“Funds” shall exclude the Paid-Up Benefit Fund and the Contingency Reserve Fund) shall be determined by the system’s actuary in accordance with an appropriate asset valuation method giving effect to actual earnings of the Funds over the assumed rate of earnings based on the regular interest rate used for valuation purposes. (3) Any excess earnings shall be applied by the Board of Trustees in the following order: (i) to provide post retirement benefit increases as provided by § 36A of this subtitle; (ii) to meet the conditions of any asset valuation method then in use by the system; (iii) to meet any requirements, as recommended by the system’s actuary, adopted by the Board of Trustees, and, if necessary, approved by the Mayor and City Council, for changes in the assumed rate of regular interest used for valuation purposes or for changes in mortality or other assumptions; and (iv) subject to paragraphs (6) through (11) of this subsection, the remaining excess earnings, if any, may next be applied by the Board of Trustees, at the recommendation of the system’s actuary, in such amount or amounts as they determine (a) to decrease the amount to be contributed by the City of Baltimore, and/or (b) to decrease the period over which the unfunded accrued liability will be amortized as provided in § 36(d)(4). (4) Any deficit earnings shall be applied by the Board of Trustees in the following order: (i) to meet the conditions of any asset valuation method then in use by the system; and (ii) the remaining deficit earnings, if any, may next be applied by the Board of Trustees, at the recommendation of the system’s actuary, in such amount or amounts as they determine: (a) to increase the amount to be contributed by the City of Baltimore, and/or (b) to increase the period over which the unfunded accrued liability will be amortized as provided in § 36(d)(4). (5) For the purposes of the June 30, 1997, valuation through the June 30, 2000, valuation, the asset valuation method used by the system shall be the valuation method used for the June 30, 1996, valuation. (6) Beginning with the June 30, 1996, valuation date, any excess earnings or deficit earnings of the system as of the June 30 valuation date not allocated by the Board of Trustees under paragraphs (1) - (4) (“unallocated earnings”) shall be applied as follows: (i) ⅓ of the unallocated earnings shall be credited or charged to the Benefit Improvement Fund for the exclusive purpose of funding benefit improvements for members and beneficiaries of the system; (ii) ⅔ of unallocated earnings shall be credited or charged to the Employer Reserve Fund for the exclusive purpose of reducing the required annual contributions of the City to the system. (7) (i) Effective with unallocated earnings as of June 30, 1997, the first $10-million of unallocated earnings credited to the Benefit Improvement Fund shall not be available for funding the cost of benefit improvements and the first $20-million of unallocated earnings credited to the Employer Reserve Fund shall not be available for reducing the City’s annual contributions, but shall instead become permanent, minimum stabilization fund balances restricted in use only for application against future earnings deficits of the system. (ii) Beginning June 30, 2000, unallocated earnings shall first be applied to increase the minimum stabilization fund balances for the Benefit Improvement Fund and the Employer Reserve Fund, according to the following schedule. If the unallocated earnings are insufficient to increase the balances as specified, the unallocated earnings in subsequent years shall first be applied to meet the requirements of this schedule. Minimum Stabilization Fund Balance Increases (In Millions)
June 30 Benefit Improvement Fund Employer Reserve Fund Cum.Total
1999* $10.0 $20.0 $ 30.0
2000 15.0 30.0 75.0
2001 3.0 6.0 84.0
2002 3.0 6.0 93.0
2003 2.3 4.7 100.0
*Actual Balances as of June 30, 1999 (iii) Future earnings deficits shall be applied in the same ⅓ - ⅔ ratio as excess earnings, provided that such deficits first be charged against the minimum stabilization fund balances in each of the Benefit Improvement Fund and the Employer Reserve Fund. Any remaining deficits shall then be charged against the unrestricted portions of the Benefit Improvement Fund and the Employer Reserve Fund. In the event that future deficits are applied against these minimum stabilization fund balances, such balances must be replenished before any additional unallocated earnings are credited to the unrestricted portions of the Benefit Improvement Fund and the Employer Reserve Fund. (8) Excess earnings credited to the Benefit Improvement Fund shall be used to fund retirement laws providing benefits for members and beneficiaries of the system. The cost of these benefits shall be calculated by the system’s actuary and shall be charged against the Benefit Improvement Fund by using an actuarial present value method of costing in conjunction with actuarial assumptions and methods in place as of the effective date of the ordinance creating or improving the benefits, as modified if necessary to reflect changes in expected experience to the Plan on account of the ordinance. (9) Any unused balance in the Benefit Improvement Fund or the Employer Reserve Fund shall be carried forward to the next fiscal year. Positive and negative balances in the unrestricted portions of the Benefit Improvement Fund and the Employer Reserve Fund at the June 30 valuation date shall be credited or charged with interest at the rate of 8.25%, compounded annually. (10) Notwithstanding paragraphs (6) and (7) of this subsection, $16.7-million of the unallocated earnings of the system as of June 30, 1996, shall be credited to the Benefit Improvement Fund, and $33.3-million of unallocated earnings of this system as of June 30, 1996, shall be credited to the Employer Reserve Fund, without establishing the minimum stabilization fund balances in either fund. (11) Unallocated excess earnings shall be credited or deficit earnings shall be charged against the Benefit Improvement Fund and the Employer Reserve Fund through the June 30, 2005, valuation date. (12) Any balance in the Benefit Improvement Fund or the Employer Reserve Fund at June 30, 2005, whether positive or negative, shall be combined with the minimum stabilization fund balance in each respective fund as of June 30, 2005, to produce a “combined balance” for each respective fund. (13) Any positive combined balance in the Benefit Improvement Fund or the Employer Reserve Fund at June 30, 2005, shall continue to earn interest at the rate of 8.25% per annum, compounded annually, and may be used, respectively, to fund benefits or to reduce the City’s annual contribution until the balance in each fund is reduced to zero. (14) Any negative combined balance in the Benefit Improvement Fund or the Employer Reserve Fund at June 30, 2005, shall be applied by the Board of Trustees in accordance with an appropriate asset valuation method, as recommended by the system’s actuary. *History: Ord. 62-1285* *History: Ord. 67-1080* *History: Ord. 68-234* *History: Ord. 70-874* *History: Ord. 71-1017* *History: Ord. 71-1126* *History: Ord. 73-420* *History: Ord. 74-552* *History: Ord. 88-123* *History: Ord. 93-262* *History: Ord. 97-164* *History: Ord. 99-448* *History: Ord. 00-049* *History: Ord. 03-576* *History: Ord. 10-306* #### § 36A Post-retirement benefit increases to certain retirees and beneficiaries. Balt., Md., Code art. 22, § 36A (2026) (a) Each retired member and each beneficiary of a deceased member receiving periodic retirement, death or survivorship benefits as of June 30 is eligible to receive an increase in the periodic benefit on the following January 1, provided that the retired member or beneficiary meets the applicable age requirement set forth in §36A(b)(2). Eligibility for increases to a beneficiary of a deceased retired member shall be determined as if the beneficiary was receiving retirement benefits on the date of death. (b) (1) The post-retirement benefit increase under paragraph (2)(iii) of this subsection is first payable in January 2011 for the fiscal year ending June 30, 2010. The post-retirement increase under paragraph (2)(ii) of this subsection is first payable in January 2012 for the fiscal year ending June 30, 2011. (2) As of the applicable effective date provided in paragraph (1) of this subsection, and each succeeding June 30, a member or beneficiary who, as of that June 30, is eligible under subsection (a) of this section shall receive the following increase in his or her periodic benefit, the increase to commence effective as of the immediately following January: (i) A member or beneficiary who, as of that June 30, has not attained age 55, shall receive no increase. (ii) A member or beneficiary who, as of that June 30, has attained age 55 but has not attained age 65, shall receive an increase equal to 1.0%. (iii) A member who, as of that June 30, either has attained age 65 or has retired with a 100% line-of-duty disability under § 34(f-1), and a beneficiary who, as of that June 30, either has attained age 65 or is a beneficiary of a member who has retired with a 100% line-of-duty disability under § 34(f-1), shall receive an increase equal to 2.0%. (c) (1) The assets of the Paid-Up Benefit Fund and the Contingency Reserve Fund shall be transferred to the general asset account. (2) The post-retirement benefit liabilities of the Paid-Up Benefit Fund shall be transferred to the pension reserve. (3) Following these transfers, the Paid-Up Benefit Fund and the Contingency Reserve Fund shall be discontinued. (d) Effective June 30, 2010, all post-retirement benefit increases payable under this § 36A become the obligation of the City of Baltimore and are guaranteed under the provisions of § 37 of this subtitle. *History: Ord. 83-954* *History: Ord. 93-262* *History: Ord. 97-168* *History: Ord. 98-319* *History: Ord. 00-049* *History: Ord. 03-576* *History: Ord. 10-306* *History: Ord. 11-520* *History: * #### § 36B Deferred Retirement Option Plan. Balt., Md., Code art. 22, § 36B (2026) Effective July 1, 1996, instead of a member’s retiring from service and commencing a service retirement allowance under § 34(a) of this subtitle or a member’s remaining a member of this system and continuing to earn service credit, a member may elect to become a participant in the Deferred Retirement Option Plan (“DROP”) and defer the commencement of the member’s retirement benefit, subject to the following provisions. (a) (i) Any active employee who becomes a member of this system on or before June 30, 2003, and who has acquired at least 20 years of service as of December 31, 2009, is eligible to participate in the DROP provided by this § 36B by making an election in the manner prescribed in paragraph (iii) of this subsection. (ii) Any active employee who becomes a member of this system on or after July 1, 2003, and who, in addition to having acquired at least 20 years of service as of December 31, 2009, has acquired at least 10 years of service as a contributing member of this system as of December 31, 2009, is eligible to participate in the DROP by making an election in the manner prescribed in paragraph (iii) of this subsection. (iii) An eligible member may elect to participate in the DROP by filing a written application on a form approved by the Board of Trustees, stating the date, not less than 30 days nor more than 90 days after the application is filed, the member desires the election to take effect. (iv) The effective date of the DROP participation period for a member is always on the first of the month. (v) Any member in service who terminates employment, retires, or dies becomes ineligible to elect to participate or to continue participation in the DROP. (vi) The election to participate in the DROP and the election to claim any benefit under this § 36B must be made on forms provided for that purpose by the Board of Trustees and filed with the Board. (vii) The application requirements of § 34 of this subtitle apply to the applicable service and disability retirement and death benefits provided by this section. (viii) Any member who does not meet the eligibility requirements of this § 36B as of December 31, 2009, will not be entitled to the benefits of this section effective January 1, 2010. (b) A member’s DROP participation period shall be a single term of 3 consecutive years commencing from the effective date provided in subsection (a), provided that a member’s DROP participation period shall terminate if a member becomes ineligible to participate or to continue participation in the DROP under subsection (a) or elects to discontinue participation in the DROP under subsection (c)(2). (c) (1) (i) Notwithstanding any other provision of this subtitle to the contrary, a member shall remain a member of the System during the DROP participation period, provided, however, that the member shall not be credited with service during such period, and that, except with regard to the calculation of a member’s intermediate DROP retirement benefit under subsection (f)(2), compensation, pay or salary earned during that period shall be disregarded in calculating the member’s average final compensation. (ii) A member who becomes a participant in the DROP shall continue to make the contributions that are required under § 36(h) of this subtitle for members earning service credit. These contributions shall be accumulated in a subaccount within the Annuity Savings Reserve, but shall be credited with interest compounded annually in the same manner and at the same interest rate as though the contributions had been accumulated in the member’s DROP account as provided under subsection (d). Contributions that are required under § 36(h) of this subtitle of any member entitled to protection of retirement benefits and credits on account of military service under § 32(e) of this subtitle, shall be paid by the system into the member’s subaccount on his or her behalf for the duration of his or her absence from employment on account of military service. (iii) The contributions described in the preceding paragraph shall be treated as being “picked up” by the City of Baltimore within the meaning of § 414(h)(2) of the Internal Revenue Code of 1986, as amended. The contributions described in the preceding paragraph shall not be considered “accumulated contributions”, as defined in § 30(10) of this subtitle. (2) (i) Any member who becomes a participant in the DROP may retire or terminate service, and thereby discontinue participation in the DROP, at any time during the DROP participation period or may retire or terminate service at the conclusion of that period. (ii) A member may elect to discontinue participation in the DROP and resume earning service credit in the system only as of the 1st or 2nd anniversary of the effective date of the member’s DROP participation period. (iii) The election to discontinue participation shall be made on forms provided for that purpose by the Board of Trustees and shall be filed with the Board no less than 30 days not more than 90 days before the effective date of the discontinuance of participation. (iv) The additional accrual rate (recovery rate) provided by subsection (f)(2) or (g)(2) of this section may only be applied to the member’s completed years of DROP participation. (v) A member who continues employment at the conclusion of a full, 3-year DROP participation period shall resume earning service credit in the system. (vi) A member who becomes ineligible to participate in the DROP pursuant to subsection (a) or who elects to discontinue participation in the DROP pursuant to this subsection (c)(2) may not elect to again participate in the DROP. (3) Notwithstanding § 31(1) of this subtitle, if a member retires and begins receiving a DROP retirement benefit under subsection (e), (f), or (g), and is then reemployed, all retirement benefit payments to the reemployed member shall be suspended until the member’s subsequent retirement. Upon subsequent retirement or death, the member shall be eligible to receive benefits under subsection (l). (d) A separate DROP account shall be maintained in the Pension Accumulation Fund for the benefit of each member who becomes a participant in the DROP. The member’s DROP account shall consist of: (1) for each full year of a member’s DROP participation period, an amount equal to the annual service retirement allowance the member would have received under § 34(a) and (b) had the member retired from service and commenced receiving the maximum retirement allowance under the service retirement provisions of this subtitle on the effective date of the DROP participation period; (2) for each partial year of a member’s DROP participation period, an amount equal to a member’s prorated annual service retirement allowance; and (3) interest compounded annually at a rate equal to 8.25% from the effective date of the DROP participation period through a member’s termination of service. Notwithstanding a member’s failure to properly apply for preemployment military service credit under § 32(f) of this subtitle, calculation of “service retirement allowance” as used in this subsection (d) shall include a member’s preemployment military service credit benefit. (e) Notwithstanding § 34(b) of this subtitle, any member who retires during or at the conclusion of a DROP participation period shall receive“a basic DROP retirement benefit” equal to: (1) the service retirement allowance the member would have received under § 34(b) had the member retired from service and commenced a service retirement allowance on the effective date of the DROP participation period; (2) the balance in the member’s DROP account at the time of retirement, payable pursuant to the member’s election under subsection (n) of this section; and (3) the balance in the member’s Annuity Savings Reserve subaccount accumulated under subsection (c) of this section, payable pursuant to the member’s election under subsection (n) of this section. (f) Notwithstanding § 34(b) of this subtitle, any member who resumes earning credit for service following the end of a DROP participation period and who retires less than 18 months later shall receive an “intermediate DROP retirement benefit” equal to: (1) the amount described in subsection (e)(1) of this section; (2) 3.5% of the member’s “average final compensation” (as defined in § 30(11) of this subtitle) for each year of service credit, not to exceed 18 months, earned by the member through continuous employment immediately following the end of the DROP participation period. For purposes of this subsection (f)(2) and consistent with the 1st paragraph of subsection (c)(1) of this section, “average final compensation” includes compensation earned during the DROP participation period; (3) 2% of the member’s “average final compensation” for each year of service not already included in the calculation of the member’s service retirement allowance under paragraph (1) or (2) of this subsection (f), such as for service purchased or transferred to this system during or after the DROP participation period; and (4) the sum of paragraphs (2) and (3) of subsection (e) of this section, payable pursuant to the member’s election under subsection (n) of this section. For purposes of calculating this “intermediate DROP retirement benefit”, partial years of service credit are prorated. (g) Notwithstanding § 34(b) of this subtitle, any member who resumes earning credit for service following the end of a DROP participation period and who retires 18 or more months later shall receive a “full DROP retirement benefit” equal to: (1) the full service retirement allowance, as of the member’s actual date of retirement, available to the member under § 34(b) of this subtitle, excluding from the calculation of this retirement allowance the member’s service while a participant in the DROP; (2) 1.5% of the member’s “average final compensation” (as defined in § 30(11) of this subtitle) for each year of service credit, not to exceed 4 years, earned by the member through continuous employment immediately following the end of the DROP participation period; and (3) the sum of paragraphs (2) and (3) of subsection (e) of this section, payable pursuant to the member’s election under subsection (n) of this section. For purposes of calculating this “full DROP retirement benefit”, partial years of service credit are prorated. (h) Notwithstanding § 34(d) of this subtitle, any member who retires on account of non-line-of-duty disability: (1) during or at the conclusion of a DROP participation period, shall receive a non-line-of-duty disability benefit equal to the “basic DROP retirement benefit” provided under subsection (e) of this section; (2) less than 18 months following the conclusion of a DROP participation period, shall receive a non-line-of-duty disability benefit equal to the “intermediate DROP retirement benefit” provided under subsection (f) of this section; and (3) 18 or more months following the conclusion of a DROP participation period, shall receive a non-line-of-duty disability benefit equal to the “full DROP retirement benefit” provided under subsection (g) of this section. (i) Any member who retires on account of line-of-duty disability under § 34(e-1) or (f-1) of this subtitle during or after a DROP participation period shall receive the line-of-duty disability benefits provided under § 34(e-1) or (f-1)in place of any DROP benefits provided by this § 36B (including any balance in the member’s DROP account and Annuity Savings Reserve subaccount), as though the member had never participated in the DROP. (j) Notwithstanding § 34(h) of this subtitle, the non-line-of-duty death benefit payable on the death of a member who dies during or after a DROP participation period shall equal the non-line-of-duty death benefit provided in § 34(h), plus the balance of the member’s DROP account and Annuity Savings Reserve subaccount at the time of death, subject to the following: (1) for a member who dies during or at the conclusion of a DROP participation period, § 34(h)(3) shall be applied by assuming that the member had elected to have a service retirement allowance calculated under subsection (e)(1) of this section paid under Option 3 of § 34(k)(1) of this subtitle; (2) for a member who dies less than 18 months following the conclusion of a DROP participation period, § 34(h)(3) shall be applied by assuming that the member had elected to have a service retirement allowance calculated under subsection (f)(1), (2), and (3) of this section paid under Option 3 of § 34(k)(1) of this subtitle; (3) for a member who dies 18 or more months following the conclusion of his DROP participation period, § 34(h)(3) shall be applied by assuming that the member had elected to have a service retirement allowance calculated under subsection (g)(1) and (2) of this section paid under Option 3 of § 34(k)(1) of this subtitle; (4) for a recipient electing to receive non-line-of-duty death benefits under § 34(h)(1) and (2) of this subtitle, the balance of the deceased member’s DROP account and Annuity Savings Reserve subaccount shall be payable in one lump sum; (5) for a recipient electing to receive non-line-of-duty death benefits under § 34(h)(3) of this subtitle, the balance of the deceased member’s DROP account and Annuity Savings Reserve subaccount shall be payable pursuant to the election of the recipient under subsection (n) of this section; and (6) for a recipient electing to receive non-line-of-duty death benefits under § 34(h)(4) of this subtitle, the balance of the deceased member’s DROP account and Annuity Savings Reserve subaccount shall be payable pursuant to the election of the recipient under subsection (n) of this section. (k) (1) This subsection applies only to an individual: (A) who dies while a member of this System, during, at the conclusion of, or following a DROP participation period; and (B) whose death has been determined by a hearing examiner, as provided in § 33(l) of this subtitle, to have arisen: (i) out of and in the course of the actual performance of duty; and (ii) without willful negligence on the part of the member. (2) On the receipt of a written application, proper proof of death, and an award by a hearing examiner of a line-of-duty death benefit as provided for in paragraph (1) of this subsection, the Board of Trustees shall pay either: (A) the death benefit payable on the death of a member under subsection (j) of this section; or (B) the line-of-duty death benefit payable under § 34(i) in lieu of any DROP benefits provided by this section, including any balance in the member’s DROP account and Annuity Savings Reserve subaccount, as though the member had never participated in the DROP. (3) The election to receive a line-of-duty death benefit under either paragraph (2)(A) or (B) of this subsection shall be made: (A) by the member’s surviving spouse; (B) if there is no surviving spouse, by the legal guardian of the member’s minor child or children; (C) if there is no surviving spouse or minor children, by either or both of the member’s surviving dependent parents who are designated beneficiaries; (D) if there is no surviving spouse or minor children and if the deceased member did not designate a surviving parent as beneficiary, by either or both of the member’s surviving dependent parents (as that term is defined in § 34(i)(2)(B)); or (E) if there is no surviving spouse, minor children, or dependent parents, by the member’s designated beneficiary or beneficiaries. (l) (1) Notwithstanding § 34(b), (d), (e-2), and (f-2) of this subtitle, if a member receives retirement benefits under subsection (e), (f), or (g) of this section, is subsequently reemployed in a position covered by this subtitle, and subsequently retires on account of service or disability, the member shall resume receiving the benefits under subsection (e), (f), or (g) that had been suspended at the time of the member’s reemployment, plus 2% of the member’s average final compensation for each year of service credit earned by the member during the period of reemployment. For purposes of this paragraph (1), if a member retires less than 18 months after his or her reemployment, “average final compensation” includes compensation earned immediately prior to his or her initial retirement. This retirement benefit shall also apply to a member who is disabled as a result of an injury in the line of duty. (2) Notwithstanding § 34(h) and (i) of this subtitle, if a member receives benefits under subsection (e), (f), or (g) of this section, is subsequently reemployed in a position covered by this subtitle, and subsequently dies, the death benefit payable upon the death of the member shall equal the death benefit payable under § 34(h), except that § 34(h)(3) shall be applied by calculating the member’s service retirement allowance under paragraph (1) of this subsection paid under Option 3 of § 34 (k)(1) of this subtitle. This death benefit shall also apply to a member whose death arose in the line of duty. (m) (1) For a member who retires during or at the conclusion of a DROP participation period, the member’s DROP participation period shall be counted toward the eligibility requirement for post-retirement benefit increases under § 36A of this subtitle. (2) However, if a member resumes earning service credit following the conclusion of a DROP participation period, then the DROP participation period shall not be counted toward the eligibility requirement for post-retirement increases. (3) Post-retirement benefit increases for former DROP participants shall be applied prospectively only (i.e., no increase shall be provided to make up for any post-retirement benefit increases that the member would have received if the member had retired from service in lieu of electing to participate in the DROP). (4) If a member elects under subsection (n) to receive the balance of his or her DROP account in the form of periodic payments, those payments shall be eligible for post-retirement benefit increases under § 36A of this subtitle, upon satisfaction by the member of the eligibility requirements of § 36A(a), as modified by this subsection (m). (n) (1) The election of the form of payment of the DROP account balance shall be made on forms provided by the Board of Trustees and shall be filed with the Board. (2) A member or a beneficiary, if entitled to benefits payable under subsection (j) of this section, may elect to receive his or her DROP account balance and Annuity Savings Reserve subaccount in either: (i) a lump sum, which can be: (A) transferred in total or in part to 1 or more financial institutions or pension plans in accordance with § 34(w) of this subtitle, or (B) paid in total or in part directly to the member or beneficiary; or (ii) an annuity, to increase the member’s retirement benefit, which is the actuarial equivalent of the DROP account and the Annuity Savings Reserve subaccount and which shall be: (A) paid in the same form of periodic payments that the member or beneficiary elected for the receipt of the retirement or death benefit; and (B) paid in the same manner as the member’s Annuity Savings Reserve subaccount, on the death of the retired DROP participant. (3) If a lump sum payment is elected under paragraph (2)(i) of this subsection, that payment shall be made as soon as administratively feasible after the member’s retirement, termination, or death. (4) Any benefit payment made directly to the member, the member’s beneficiary, or an alternate payee (as defined in § 38(d) of this subtitle) shall be subject to Federal and Maryland state income tax withholding if applicable. (5) If an alternate payee is entitled to receive a portion of the member’s DROP account and Annuity Savings Reserve subaccount, the alternate payee must file an application with the System for his or her share. Distribution of the DROP account and Annuity Savings Reserve subaccount shall be made in the same form of payment as that elected by the member or beneficiary. (o) In the event of conflicting death benefit elections under this subtitle, an election for line-of-duty death benefits made by an eligible surviving spouse overrides an election for non-line-of-duty death benefits made by a designated beneficiary. (p) (1) During the fiscal year beginning July 1, 2004, the Board of Trustees shall determine the past and future cost of the DROP using the actuarial assumptions in effect on June 30, 1995. The past and future cost of the DROP shall be calculated by the enrolled actuary retained by the Retirement System, in consultation with the enrolled actuary retained for that purpose by the members, acting through their elected representatives. (2) To the extent that the past and future cost of DROP, as determined during fiscal year 2005, exceeds the unallocated interest surplus as of June 30, 1995, available to fund the DROP for active members as of July 1, 1996, plus accrued interest thereon, plus actuarial gains, net of actuarial losses, arising from experience in variance from actuarial assumptions in effect on July 1, 1995, then the City of Baltimore shall have the option of enacting legislation to reduce such excess cost, but only with respect to members eligible to enter the DROP after the effective of such legislation, and not with respect to members who are participating in the DROP as of the effective date of any such legislation. Any such legislation enacted to reduce the excess cost of the DROP shall have no effect on any other benefit payable under the Retirement System apart from the DROP. (3) If, after fiscal year 2005, the City of Baltimore shall enact legislation in order to reduce excess cost of the DROP, then such cost reduction legislation shall not be considered to be in violation of § 37 or § 42. § 37 and § 42 to the contrary notwithstanding, the City of Baltimore does not guaranty the payment of DROP benefits to members entering the DROP after July 1, 2004, if the actuarial calculation in fiscal year 2005 determines that there is excess cost in providing DROP benefits. In the event of any conflict between § 37 or § 42 and this section, the terms of this section shall prevail. (4) If the actuarial calculation made in fiscal year 2005 confirms that there is no excess cost to the DROP, then this subsection shall automatically become null and void, and of no further effect. *History: Ord. 96-042* *History: Ord. 97-164* *History: Ord. 00-049* *History: Ord. 03-576* *History: Ord. 09-209* *History: Ord. 11-520* #### § 36C Deferred Retirement Option Plan 2. Balt., Md., Code art. 22, § 36C (2026) (a) Effective January 1, 2010, a member who is making regular mandatory contributions pursuant to § 36(h) and who is not eligible for the DROP benefits of § 36B may elect to become a participant in this Deferred Retirement Option Plan 2 (“DROP 2"), subject to the following provisions. (b) (1) In this § 36C, the following terms have the meanings indicated. (2) “DROP 2” means the benefits established under this § 36C. (3) “DROP 2 start date” means the first day of a member’s DROP participation period. (4) “DROP 2 end date” means the last day of a member’s DROP participation period. (5) “DROP 2 participation period” means a minimum period of 1 year and a maximum period of 3 consecutive years during which the member makes regular contributions and during which DROP 2 contributions and benefits are accumulated on behalf of the DROP 2 participant. (6) “DROP 2 participant” means a member who has elected to be covered by the benefits of this § 36C. (7) “Interest” means 5 1/2% per annum compounded daily. (8) “Early DROP 2 service retirement” means retirement after a member completes at least 1 year of DROP 2 participation and retires during or at the conclusion of the member’s DROP 2 participation period. (9) “Mid DROP 2 service retirement” means retirement after the conclusion of a member’s DROP 2 participation period with the following years of service acquired through employment covered by this System immediately following the member’s DROP 2 participation period: (A) for police members, less than 3½ years of service, and (B) for fire members, less than 5 years of service. (10) “Complete DROP 2 service retirement” means retirement after the conclusion of a member’s DROP 2 participation period with the following years of service acquired through employment covered by this System immediately following the member’s DROP 2 participation period: (A) for police members, 3½ or more years of service, (B) for fire members, 5 or more years of service. (c) (1-a) Notwithstanding § 30(6) of this subtitle, the service credit requirements for DROP 2 eligibility on or before June 30, 2010, are as follows: (A) To be eligible, a member of this System as of July 1, 2003, must acquire 20 or more years of service. (B) To be eligible, an employee who becomes a member of this System after July 1, 2003 and on or before December 31, 2009, must acquire 20 or more years of service, 10 or more of which must be years of service as a contributing member of this System. (C) To be eligible, an employee who becomes a member of this System on or after January 1, 2010, must acquire 20 or more years of service as a contributing member of this System. (1-b) Notwithstanding § 30(6) of this subtitle, the service credit requirements for DROP 2 eligibility on or after July 1, 2010, are as follows: (A) To be eligible, a member of this System who as of June 30, 2010, has acquired 15 or more years of service must acquire 20 or more years of service. (B) To be eligible, a member of this System who as of June 30, 2010, has not acquired 15 or more years of service must acquire 25 or more years of service as a contributing member of this System. (2) An eligible member may elect to participate in DROP 2 by: (A) filing a written application on a form approved by the Board of Trustees, (B) filing the application not less than 30 days nor more than 90 days before the member’s DROP 2 start date, and (C) selecting the member’s DROP 2 start date. (3) The election to participate in DROP 2 and the election to claim any benefit under this § 36C must be made on forms provided for that purpose by the Board of Trustees and filed with the Board. (4) A member’s DROP 2 start date must always be the 1st day of a calendar month. (5) Any member in service who terminates employment, retires, or dies becomes ineligible to elect to participate or to continue participation in DROP 2. (6) Any member who retires or terminates employment before the 1st anniversary of the member’s DROP 2 start date is not entitled to any benefits under this § 36C and is only entitled to benefits under § 34 of this subtitle, calculated as if the member did not participate in DROP 2. (7) The beneficiary of any member who dies before the 1st anniversary of the member’s DROP 2 start date is not entitled to benefits under this § 36C and is only entitled to benefits under § 34 of this subtitle, calculated as if the member did not participate in DROP 2. (8) Unless stated within this § 36C, the application requirements of § 34 of this subtitle apply to the applicable service retirement, disability retirement, and death benefits provided by this section. (9) Notwithstanding § 34(e-1)(2)(ii) and § 34(f-1)(2)(ii), a member who elects to receive DROP 2 benefits under this § 36C may not file for line-of-duty disability or 100% line-of-duty disability retirement benefits following the member’s retirement unless the member first pays back to the System the member’s DROP 2 account distribution or DROP 2 annuity payments. (10) A member who participates or has participated in the DROP provided by § 36B may not participate in the DROP 2 under this § 36C. (11) A member who becomes ineligible to participate in DROP 2 pursuant to this subsection (c) or a member who was eligible to have participated in either the DROP provided by § 36B or this DROP 2, but did not participate and instead retired or terminated employment, may not elect to participate in DROP 2 if reemployed in a position covered by this System. (12) A DROP 2 participant who retires with a benefit under this section is subject to restrictions of this article concerning contemporaneous membership in more than one City of Baltimore retirement system. (d) (1) A member’s DROP 2 participation period shall be a single term of a minimum of 1 year and a maximum of 3 consecutive years beginning with the member’s DROP 2 start date, as provided in subsection (c)(4) of this section. (2) A member’s DROP 2 participation period terminates if a member becomes ineligible to participate or to continue participation in DROP 2 pursuant to subsection (c) of this section. (3) A member must remain an active member of this System during the member’s DROP 2 participation period. (4) A member may not earn service credit for employment during the member’s DROP 2 participation period. (5) Notwithstanding paragraph (4) of this subsection, a DROP 2 participant may continue making voluntary contributions for the purchase of additional service credits as provided by § 32 of this subtitle and subsection (f)(6) of this section. (6) A member who continues employment covered by this System at the conclusion of his or her DROP 2 participation period resumes earning service credit in this System. (e) (1) A member may elect to discontinue participation in DROP 2 and resume earning service credit in the System only as of the 1st or 2nd anniversary of the member’s DROP 2 start date. (2) The election to discontinue DROP 2 participation must be made on a form provided for that purpose by the Board of Trustees and filed with the Board no less than 30 days nor more than 90 days before the member’s DROP 2 discontinuation effective date. (3) A member who elects to discontinue DROP 2 participation may not elect to again participate in DROP 2. (f) (1) A member who becomes a DROP 2 participant must continue to make the regular mandatory member contributions required by § 36(h) of this subtitle for members earning service credit. (2) The regular mandatory member contributions required under § 36(h) and made during the member’s DROP 2 participation period: (A) shall be accumulated in a subaccount within the Annuity Savings Reserve and shall be credited to the member’s DROP 2 account, established under subsection (g) of this section; and (B) are not considered “accumulated contributions”, as defined in § 30(10) of this subtitle. (3) The contributions described in paragraph (1) of this subsection shall be treated as being “picked up” by the City of Baltimore within the meaning of § 414(h)(2) of the Internal Revenue Code, as amended. (4) Contributions that, under § 36(h) of this subtitle, are required of any member entitled to protection of retirement benefits and credits on account of military service under § 32(e) of this subtitle, shall be paid on behalf of the member by the System into the member’s DROP 2 account should the member be absent from employment on account of military service during the member’s DROP 2 participation period. (5) Contributions required to be made by the member during the DROP 2 participation period shall be credited with interest, compounded annually, as provided in subsection (g) of this section. (6) During a member’s DROP 2 participation period, the member may continue to make voluntary contributions for the purchase or the transfer-in of service credits under § 32 of this subtitle. Voluntary contributions may not be credited to the member’s DROP 2 account. (7) A member who continues employment at the conclusion of her or his DROP 2 participation period shall continue making required mandatory member contributions. These contributions shall be credited to the member’s annuity savings account and shall be “accumulated contributions”. (g) (1) A DROP 2 account shall be maintained for each member who becomes a DROP 2 participant. The account shall comprise: (A) DROP 2 member contributions, which shall be maintained in the Annuity Savings Reserve, and (B) DROP 2 benefits, which shall be maintained in the Pension Accumulation Reserve. (2) The member contributions credited to the DROP 2 account are the contributions described in subsection (f) of this section and are credited to the DROP 2 account, plus interest. (3) (A) The benefits credited to the DROP 2 account are as follows: (i) for each full 12-month period ending June 30 during a member’s DROP 2 participation period, an amount equal to the annual service retirement allowance that the member would have received under § 34(b)(4) of this subtitle had the member retired from service and began receiving the maximum service retirement allowance under the provisions of this section and this subtitle on the member’s DROP 2 start date, plus interest; plus (ii) for each full month of a member’s DROP 2 participation period that does not fall within item (i) of this paragraph (3)(A), an amount equal to one-twelfth of the member’s annual benefit calculated in accordance with item (i), plus interest; plus (iii) for each day of a month not falling within item (i) or (ii) of this paragraph (3)(A), an amount equal to one three hundred sixty-fifths of the member’s annual benefit calculated in accordance with item (i), plus interest. (B) Notwithstanding paragraph (3)(A)(i) of this section or § 32(f) of this subtitle, if a member fails to properly apply for credit for pre-employment military service and to supply to this System the proper and complete documentation for the member’s pre-employment military service prior to the member’s DROP 2 participation start date, that credit may not be included in the calculation of the member’s “service retirement allowance”, as used in this subsection (g), to calculate the member’s DROP 2 benefits for credit to the member’s DROP 2 account. (C) Notwithstanding paragraph (3)(B) of this section, a member who, subsequent to the member’s DROP 2 start date, properly applies for credit and provides this System the proper and complete documentation for pre-employment military service will have credit for his or her pre-employment military service, as provided in § 32(f) of this subtitle, included in the calculation of the member’s retirement pension under subsections (h), (i), and (j) of this section. (4) Should a member not make a required mandatory contribution for a pay period during the member’s 3-year DROP 2 participation period, except in the case of a member who is on leave due to military service, DROP benefits shall not be credited to the member’s DROP 2 account for that same pay period. (5) Interest shall be credited and compounded annually to the member’s DROP 2 account at the DROP 2 interest rate: (A) utilizing the same methodology as used to credit interest on the member’s non-DROP annuity savings account, and (B) from the start date of the member’s DROP 2 participation period through the member’s date of termination from employment covered by this System. (h) (1) A DROP 2 participant may retire with an early DROP 2 service retirement benefit if, on the member’s last day of employment covered by this System, the member: (A) completes a minimum 1-year of his or her DROP 2 participation period; (B) does not resume earning service credit for employment covered by this System; and (C) retires during or at the conclusion of his or her DROP 2 participation period. (2) To retire with an early DROP 2 retirement benefit under this subsection (h), a DROP 2 participant must: (A) apply to the Board of Trustees on a form approved by the Board; (B) set forth his or her retirement date; and (C) submit the application to the Board no less than 30 days nor more than 90 days before the date of retirement. (3) The maximum Early DROP 2 service retirement benefit shall be a periodically paid allowance, which shall consist of: (A) an annuity that is, as of the member’s retirement date, the actuarial equivalent of: (i) the member’s accumulated contributions as of the member’s DROP 2 start date, plus interest; plus (ii) any contributions made on behalf of a member who served in the military service during employment as those contributions would be credited to the member’s accumulated contributions according to § 32(e) of this subtitle, plus interest; and (B) a pension that, together with the member’s annuity, equals: (i) 2.5% of the member’s average final compensation, calculated as of the day before the member’s DROP 2 start date in accordance with § 30(11) of this subtitle, for each year of the first 20 years of service; plus (ii) 2.0% of the member’s average final compensation, calculated as of the day before the member’s DROP 2 start date in accordance with § 30(11) of this subtitle, for each year of service over 20 years, prorated for partial years, up to but not including the member’s DROP 2 start date. (4) In addition to receiving a periodically paid early DROP 2 service retirement benefit, a DROP 2 participant retiring under this subsection (h) shall receive the balance in his or her DROP 2 account payable pursuant to the member’s election under subsection (o) of this section. (5) The benefits payable under this subsection (h) are subject to the member’s election of optional forms of payment under § 34(k) of this subtitle. (6) If a member receives an early DROP 2 retirement benefit, voluntary contributions for the purchase or transfer-in of service credits made during the member’s DROP 2 participation period: (A) may not be used to calculate additional service credits included in the Early DROP 2 service retirement allowance, and (B) shall be refunded with interest to the member. (i) (1) A DROP 2 participant may retire with a mid DROP 2 service retirement benefit if, on the member’s last day of employment covered by this System, the member: (A) completes a minimum 1-year of her or his DROP 2 participation period; (B) resumes earning service credit for employment covered by this System immediately following completion of the member’s DROP 2 participation period; and (C) retires with less than the following required years of service credit acquired through continuous employment as a contributing member of this System immediately following the member’s DROP 2 participation period: (i) for a Police Department member, 3½ years; and (ii) for a Fire department member, 5 years. (2) To retire with a mid DROP 2 retirement benefit under this subsection (i), a DROP 2 participant must: (A) apply to the Board of Trustees on a form approved by the Board; (B) set forth his or her retirement date; and (C) submit the application to the Board no less than 30 days nor more than 90 days before the date of retirement. (3) The maximum annual mid DROP 2 service retirement benefit shall be a periodically paid allowance, which shall consist of: (A) an annuity that is, as of the member’s retirement date, the actuarial equivalent of: (i) the member’s accumulated contributions as of the member’s DROP 2 start date, plus interest; plus (ii) the mandatory member contributions made after the member’s DROP 2 participation period, plus interest; plus (iii) any voluntary contributions made to purchase additional service credits under § 32 of this subtitle before, during, or after the member’s DROP 2 participation period, plus interest; plus (iv) any contributions made on behalf of a member who served in the military service during employment, as those contributions would be credited to the member’s accumulated contributions according to §32(e) of this subtitle, plus interest; and (B) a pension that, together with the member’s annuity, equals: (i) 2.5% of the member’s average final compensation, calculated as of the day before the member’s DROP 2 start date in accordance with §30(11) of this subtitle, for each year of the first 20 years of service; plus (ii) 2.0% of the member’s average final compensation, calculated as of the day before the member’s DROP 2 start date in accordance with § 30(11) of this subtitle, for each year of service over 20 years, prorated for partial years, up to but not including the member’s DROP 2 start date; plus (iii) 2.0% of the member’s average final compensation, calculated as of the day before the member’s DROP 2 start date in accordance with § 30(11) of this subtitle, for each year of service, prorated for partial years, not already included in the calculation of the member’s retirement allowance under items (i) and (ii) of this paragraph (3)(b), for service purchased or granted under § 32 during or after the member’s DROP 2 participation period; plus (iv) 1. for a Police Department member, 2.0% of the member’s average final compensation, calculated as of the member’s date of termination from City employment covered by this System in accordance with § 30(11) of this subtitle, for each full year of service credit, prorated for partial years, up to 3½ years, earned by the member through continuous employment as a contributing member of this System immediately following the end of the member’s DROP 2 participation period; or 2. a. for a Fire Department member: (1) 2.0% of the member’s average final compensation, calculated as of the member’s date of termination from City employment covered by this System in accordance with § 30(11) of this subtitle, for each full year of service credit, prorated for partial years, up to 5 years, earned by the member through continuous employment as a contributing member of this System immediately following the end of the member’s DROP 2 participation period; plus (2) a Recovery rate, subject to the limitations of subparagraph b, of 6.0% (1.5% for each of 4 years) of the member’s average final compensation, calculated as of the member’s date of termination from employment covered by this System in accordance with § 30(11) of this subtitle, for each of the 4 years of service credit earned by the member through continuous employment as a contributing member of this System immediately following the end of the member’s DROP 2 participation period. b. The total of the Recovery rate will be limited to: (1) 2.0%, if the member elected to discontinue participation in DROP 2 after 1 year of DROP 2 participation in accordance with subsection (e) of this section; or (2) 4.0%, if the member elected to discontinue participation in DROP 2 after 2 years of DROP 2 participation in accordance with subsection (e) of this section. (4) In addition to receiving a periodically paid mid DROP 2 service retirement benefit, a DROP 2 participant retiring under this subsection (i) shall receive the balance in his or her DROP 2 account payable pursuant to the member’s election under subsection (o) of this section. (5) The benefits payable under this subsection (i) are subject to the member’s election of optional forms of payment under § 34(k) of this subtitle. (j) (1) A DROP 2 participant may retire with a complete DROP 2 service retirement benefit if, on the member’s last day of employment covered by this System, the member: (A) completes a minimum 1-year of her or his DROP 2 participation period; (B) resumes earning service credit for employment covered by this System immediately following completion of the member’s DROP 2 participation period; and (C) retires with the following required years of service credit acquired through continuous employment as a contributing member of this System immediately following the member’s DROP 2 participation period: (i) for a Police Department member, 3½ or more years; and (ii) for a Fire department member, 5 or more years. (2) To retire with a complete DROP 2 retirement benefit under this subsection (j), a DROP 2 participant must: (A) apply to the Board of Trustees on a form approved by the Board; (B) set forth his or her retirement date; and (C) submit the application to the Board no less than 30 days nor more than 90 days before the date of retirement. (3) The maximum annual complete DROP 2 service retirement benefit shall be a periodically paid allowance, which shall consist of: (A) an annuity that is, as of the member’s retirement date, the actuarial equivalent of: (i) the member’s accumulated contributions as of the member’s DROP 2 start date, plus interest; plus (ii) the mandatory member contributions made after the member’s DROP 2 participation period, plus interest; plus (iii) any voluntary contributions made to purchase additional service credits under § 32 of this subtitle before, during, or after the member’s DROP 2 participation period, plus interest; plus (iv) any contributions made on behalf of a member who served in the military service during employment, as those contributions would be credited to the member’s accumulated contributions according to § 32(e) of this subtitle, plus interest; and (B) a pension that, together with the member’s annuity, equals: (i) 2.5% of the member’s average final compensation, calculated as of the member’s date of termination from employment covered by this System in accordance with § 30(11) of this subtitle, for each year of the first 20 years of service; plus (ii) 1. for a Police Department member, 2.0% of the member’s average final compensation, calculated as of the member’s date of termination from employment covered by this System in accordance with § 30(11) of this subtitle, for each year of service over 20 years, prorated for partial years, but excluding from this calculation the member’s employment covered by this System during the member’s DROP 2 participation period; or 2. a. for a Fire Department member: (1) 2.0% of the member’s average final compensation, calculated as of the member’s date of termination from employment covered by this System in accordance with § 30(11) of this subtitle, for each year of service over 20 years, prorated for partial years, but excluding from this calculation the member’s employment covered by this System during the member’s DROP 2 participation period; plus (2) a Recovery rate, subject to the limitations of subparagraph b, of 6.0% (1.5% for each of 4 years) of the member’s average final compensation, calculated as of the member’s date of termination from employment covered by this System in accordance with § 30(11) of this subtitle, for each of the 4 years of service credit earned by the member through continuous employment as a contributing member of this System immediately following the end of the member’s DROP 2 participation period. b. The total of the Recovery rate will be limited to: (1) 2.0%, if the member elected to discontinue participation in DROP 2 after 1 year of DROP 2 participation in accordance with subsection (e) of this section; or (2) 4.0%, if the member elected to discontinue participation in DROP 2 after 2 years of DROP 2 participation in accordance with subsection (e) of this section. (4) In addition to receiving a periodically paid complete DROP 2 service retirement benefit, a DROP 2 participant retiring under this subsection (j) shall receive the balance in his or her DROP 2 account payable pursuant to the member’s election under subsection (o) of this section. (5) The benefits payable under this subsection (j) are subject to the member’s election of optional forms of payment under § 34(k) of this subtitle. (k) Notwithstanding § 34(d) of this subtitle, any member who retires on a non-line-of-duty disability after becoming a DROP 2 participant and who meets the qualifications of subsection (h), (i), or (j), shall receive a DROP 2 retirement benefit pursuant to that subsection. (l) (1) The non-line-of-duty death benefit payable on the death of a member who dies either during or after the member’s DROP 2 participation period shall be determined by the beneficiary eligibility and benefit provisions of § 34(h) of this subtitle and shall be subject to the following. (2) A beneficiary who elects to receive lump-sum non-line-of-duty death benefits under § 34(h)(2) of this subtitle shall receive the deceased member’s DROP 2 account only if: (A) the member participated in DROP 2 for a minimum of 1 year; and (B) the beneficiary elects to receive the DROP 2 account in a lump sum. (3) A beneficiary who elects to receive 100% survivorship non-line-of-duty death benefits under §34(h)(3) of this subtitle shall receive DROP 2 benefits as follows: (A) If the DROP 2 participant dies within the 1st year of DROP 2 participation, the beneficiary is only entitled to benefits under § 34(h)(3) and is not entitled to any benefits accumulated in the member’s DROP 2 account. (B) If the DROP 2 participant dies after the first year of DROP 2 participation, the death benefit payable shall: (i) be determined as if the member had retired on the date of death and had elected to receive benefits under subsection (h), (i), or (j), as applicable; (ii) be paid under the 100% survivorship option of § 34(k) of this subtitle; and (iii) include the balance of the deceased member’s DROP 2 account as of the date of the member’s death, and be payable pursuant to the election of the beneficiary under subsection (o) of this section. (4) A beneficiary who elects to receive the 25% plus non-line-of-duty death benefits under § 34(h)(4) of this subtitle shall receive DROP 2 benefits as follows: (A) If the member dies within the 1st year of the DROP 2 participation period, the beneficiary is only entitled to benefits under § 34(h)(4) and is not entitled to any benefits accumulated in the member’s DROP 2 account. (B) If the DROP 2 participant dies after the 1st year of the DROP 2 participation period, but during the 2nd or 3rd year of the DROP 2 participation period, the death benefit payable shall: (i) be determined using the member’s earnable compensation on the day before the member’s DROP 2 start date; (ii) be paid under the 25% plus non-line-of-duty death benefits under § 34(h)(4) of this subtitle; and (iii) include the balance of the deceased member’s DROP 2 account as of the date of the member’s death, and be payable pursuant to the election of the beneficiary under subsection (o) of this section. (C) If the member dies after the member’s DROP 2 participation period, the death benefit payable shall: (i) be determined using the member’s earnable compensation on the date of the member’s death, and (ii) include the balance of the deceased member’s DROP 2 account as of the date of the member’s death, and be payable pursuant to the election of the beneficiary under subsection (o) of this section. (m) (1) A member who is otherwise eligible for benefits under this § 36C and who applies for and retires on a line-of-duty disability retirement benefit under § 34(e-1) or (f-1) of this subtitle is not entitled to receive any benefits under this § 36C. (2) A member who is otherwise eligible for benefits under this § 36C and who applies for and retires on a service retirement or non-line-of-duty disability retirement may not apply for line-of-duty disability retirement benefits under § 34(e-1) or (f-1) of this subtitle after the member’s last day in employment covered by this System, unless the retired member first pays back to the System the member’s DROP 2 account distribution or DROP 2 annuity payments. (3) Beneficiaries applying for and receiving line-of-duty death benefits under § 34(i) of this subtitle are not entitled to DROP 2 benefits under this § 36C. (n) In the event of conflicting death benefit elections under § 34 of this subtitle, an election for line-of-duty death benefits made by an eligible spouse under § 34(i) overrides an election for non-line-of-duty death benefits made by a designated beneficiary. (o) (1) The election of the form of payment of the member’s DROP 2 account balance shall be made on forms provided by the Board of Trustees and shall be filed with the Board. (2) A member or a beneficiary, if entitled to benefits payable under § 36C(l), may elect to receive his or her DROP 2 account balance in either: (A) a lump sum, which can be: (i) transferred in total or in part to 1 or more financial institutions or pension plans in accordance with § 34(w) of this subtitle; or (ii) paid in total or in part directly to the member or beneficiary; or (B) an annuity, to increase the member’s retirement benefit, which is the actuarial equivalent of the DROP 2 account and which shall be: (i) paid in the same form of periodic payments that the member or beneficiary elected for the receipt of the retirement or death benefit; and (ii) paid in the same manner as the member’s Annuity Savings Reserve account, on the death of the retired DROP 2 participant. (3) If a lump-sum payment is elected under paragraph (2)(A) of this subsection, that payment shall be made as soon as administratively feasible after the member’s retirement, termination, or death. (4) Any benefit payment made directly to the member, the member’s beneficiary, or an alternate payee (as defined in § 38(d) of this subtitle) shall be subject to Federal and Maryland state income tax withholding if applicable. (5) If an alternate payee is entitled to receive a portion of the member’s drop 2 account, the alternate payee must file an application with the System for her or his share. Distribution of the DROP 2 account shall be made in the same form of payment as that elected by the member or beneficiary. (p) (1) Notwithstanding § 31(1) of this subtitle, if a member retires and receives a DROP 2 account distribution or DROP 2 annuity payments under this § 36C and is subsequently reemployed by the City of Baltimore in a position covered by this system, the member: (A) shall have his or her retirement benefit payments suspended as of the date of the member’s reemployment; and (B) shall again begin to earn current service credit in this System. (2) On the member’s subsequent retirement, the member shall resume receiving: (A) the retirement benefits that had been suspended at the time of the member’s reemployment; and (B) 2% of the member’s current average final compensation as of the member’s subsequent retirement date for each year of service credit earned by the member during the period of reemployment, prorated for partial years. (3) For purposes of this subsection (q), if a member retires less than 18 months after reemployment, “average final compensation” shall include compensation earned immediately before the member’s initial retirement date and shall be calculated in accordance with § 30(11) of this subtitle. (4) If a retired member receiving benefits under this § 36C is subsequently reemployed in a position covered by this System and dies during employment as the result of a line-of-duty injury, and if the member’s beneficiary is awarded a line-of-duty death benefit by the hearing examiner, the beneficiary shall be paid the line-of-duty death benefit determined as of the member’s date of death and payable in accordance with § 34(i) of this subtitle. (5) If a retired member receiving benefits under this § 36C is subsequently reemployed in a position covered by this System and dies during employment as the result of a non-line-of-duty illness or injury, and if the member’s beneficiary applies for benefits under § 34(h) of this subtitle as a result of the member’s death, the beneficiary shall be paid the non-line-of-duty death benefit determined as of the member’s date of death and payable in accordance with § 34(h), subject to the following qualifications: (A) For lump-sum benefits payable under § 34(h)(2): (i) the payment of the member’s accumulated contributions shall include the member’s accumulated contributions as of the previous retirement date, less any annuity payments made during the member’s period of retirement, plus the member contributions made during the member’s period of reemployment, with interest credited to the member’s date of death; and (ii) the member’s current compensation shall be determined as of the date of the member’s death. (B) For the 100% survivorship benefit payable under § 34(h)(3), the optional benefit shall be determined according to paragraph (2) of this subsection (q) as if the member had retired on the date of death. (C) For the 25% Plus death benefit payable under § 34(h)(4), the member’s compensation on the date of death shall be used to determine the benefit. (6) If a retired member receiving benefits under this § 36C is subsequently reemployed in a position covered by this System and is awarded a line-of-duty disability retirement by the hearing examiner, the line-of-duty disability retirement benefit payable shall be determined according to paragraph (2) of this subsection as of the member’s date of retirement. This line-of-duty disability benefit calculation shall be treated the same for tax purposes as the benefit calculated and paid according to § 34(e)(2) or (f)(2). (7) For purposes of this subsection (q), any post-retirement benefit increase that the member would have received had the member not returned to employment covered by this System may not be added to this retirement benefit when the member subsequently retires. (8) On the subsequent retirement of a member who has returned to employment under this subsection (q), the retiring member or beneficiary will again have to meet the post-retirement eligibility requirements of § 36A of this subtitle. (q) (1) (A) Beginning with the fiscal year ended June 30, 2011, and continuing until the fiscal year ended June 30, 2022, the enrolled actuary retained by the System shall submit to the Board of Trustees, as part of the annual actuarial valuation report, a DROP 2 experience report. (B) The DROP 2 experience report shall include: (i) the DROP 2 participation rates; (ii) a comparison of actual to expected timing of retirement; and (iii) the actuary’s assessment of the implications of the DROP 2 experience for the City of Baltimore’s expectations of contribution reductions, as defined in paragraph (2)(F) of this subsection (r), due to the implementation of the DROP 2 effective January 1, 2010. (C) The Board of Trustees shall forward the DROP 2 experience report to the Director of Finance. (2) (A) Beginning with the fiscal year ended June 30, 2018, and every 4 years following, the enrolled actuary retained by this System shall provide the Board of Trustees with the results of a DROP 2 savings test. (B) In the DROP 2 savings test, this System’s actuary, in consultation with the enrolled actuary retained by the members acting through their elected representatives, shall determine whether the City of Baltimore’s expectations of contribution reductions, as defined in subparagraph (F) of this paragraph (2), have been realized. (C) Beginning with the savings test performed as of the fiscal year ended June 30, 2022, if a savings test indicates that the City’s expectations of contribution reductions have not been realized, the City of Baltimore will have the option of enacting legislation to modify or terminate the existing DROP 2, but only with respect to members who are not eligible for the DROP 2 on the effective date of that modification or termination and not with respect to members who are participating or who are eligible to participate in the DROP 2. (D) Legislation enacted to modify or terminate the DROP 2 may not have any effect on any other benefits payable under the System apart from the DROP 2 benefit. (E) Notwithstanding subparagraph (C) of this paragraph (2), it is the intention of the City of Baltimore to maintain a deferred retirement option plan for the members of this System. Should the DROP 2 savings test fail to meet expected contribution reductions, the City will establish at a minimum a cost-neutral deferred retirement option plan for the members of this System. (F) For purposes of this subsection (r), the City of Baltimore’s expectations of contribution reductions are at least: (i) $2.5 million for the fiscal year beginning July 1, 2011 (fiscal year 2012), which reflects the results of the actuarial valuation performed for the fiscal year ended June 30, 2010, the year when the DROP 2 was established; and (ii) $5 million, as adjusted for payroll increases, for each subsequent fiscal year. *History: Ord. 09-209* *History: Ord. 10-306* *History: Ord. 10-357* *History: Ord. 11-520* *History: * #### § 37 Guaranty. Balt., Md., Code art. 22, § 37 (2026) The creation and maintenance of reserves in the Pension Accumulation Fund, the maintenance of annuity reserves and pension reserves as provided for, and regular interest creditable to the various funds as provided in § 35(b) of this subtitle and the payment of all pensions, annuities, retirement allowances, refunds and other benefits granted under the provisions of this subtitle and all expenses in connection with the administration and operation of this Retirement System are hereby made obligations of the City of Baltimore. All income, interest and dividends derived from deposits and investments authorized by this subtitle shall be used for the payment of the said obligations of the said City. Any amounts derived therefrom which, when combined with the regular amounts, otherwise contributable by the City of Baltimore as provided under the provisions of this subtitle, exceed the amount required to provide such obligations, shall be used to reduce the regular appropriations otherwise required, or to reduce the period of amortization of the unfunded accrued liability, or both, as determined by the Board of Trustees. *History: Ord. 62-1285* *History: Ord. 70-874* #### § 38 Exemption from assignment and execution. Balt., Md., Code art. 22, § 38 (2026) (a) (1) A person may not attach, execute, garnish, or otherwise seize any current or future benefit provided by this system or any money in a fund or an account created by this system. (2) All current and future benefits provided by this system and all money in a fund or an account created by this system are unassignable, except as specified in this section. (b) A retiree or beneficiary may elect to have the Board of Trustees deduct from his or her allowance, lump-sum benefit payment, or return of contributions, any payroll deduction or payment authorization authorized by the City for its employees, if the retiree or beneficiary has consented to the deduction in writing on a form approved by the Director of Finance. (c) A court of competent jurisdiction may expressly order that a benefit or payment by the system be assigned pursuant to: (1) a decree or order of alimony or child support; (2) a domestic relations order as defined in subsection (d) of this section; or (3) a court order appointing the assignee as guardian over the property of the member. (d) A member’s court-approved property settlement agreement incident to a divorce decree or a division of marital property pursuant to a court order authorizing the payment of pension benefits to an alternate payee (as defined in the Internal Revenue Code, 26 U.S.C. §414(p)(8), as amended) shall be accepted by the Board as a domestic relations order if that decree or order: (1) does not require the system to provide any type or form of benefit or any options not already provided by this subtitle; (2) requires the system to provide no more than the total amount of benefits that the member would otherwise receive (determined on the basis of actuarial values); (3) specifies the amount or percentage of the member’s benefits to be paid by the system to an alternate payee or the manner in which the amount or percentage is to be determined; (4) specifies (or, to protect the parties’ privacy, requires submission by separate writing of) the name, social security number, birth date, and last known mailing address of the member and of the alternate payee covered by the order and states that it is the responsibility of the alternate payee to keep a current mailing address on file with the system; (5) does not grant an alternate payee any of the rights, options, or privileges of a retiree or beneficiary under this subtitle other than an assigned percentage or amount of the member’s pension benefit or survivorship benefit; (6) does not require the system to commence payment of any type or form of benefit to an alternate payee prior to a member’s actual date of retirement or death; and (7) does not require the system to treat the alternate payee as a surviving spouse. (e) In satisfaction of a U.S. Internal Revenue Service Notice of Levy for unpaid taxes of a member or beneficiary that has terminated employment, the system may pay all or part of: (1) a member’s or beneficiary’s benefits from the system; or (2) a member’s refund of accumulated contributions, in which case the non-tax-deferred portion of those contributions shall be deemed to have been paid in satisfaction of the levy before any tax-deferred contributions. (f) The system may pay the benefits otherwise due a member or beneficiary to that member’s or beneficiary’s attorney-in-fact, as agent of the member or beneficiary, if the member or beneficiary properly designated the attorney-in-fact to act as agent under a duly executed durable power of attorney. (g) The system may pay the benefits otherwise due a minor beneficiary to a custodian validly appointed for the minor under the Maryland Uniform Transfers to Minors Act, Title 13, Subtitle 3, of the Maryland Estates and Trusts Article or similar out-of-state provision. (h) The system may pay the benefits otherwise due a member or beneficiary to the member’s or beneficiary’s trustee, as trustee of the member or beneficiary, if the trustee was designated trustee of the member or beneficiary under an enforceable inter vivos or testamentary trust agreement. (i) The system may pay the benefits otherwise due a member or beneficiary to the member’s or beneficiary’s social security “representative payee” pursuant to The Social Security Act, 42 U.S.C. §405(j), as amended. (j) The system may pay all or part of a death benefit payable on account of the death of a member to a funeral establishment providing funeral services to the deceased member, if the beneficiary of the member has consented to that payment in writing on a form approved by the Board. (k) An assignment under this section applies only to benefits paid after the Board of Trustees receives: (1) written notice of the court decree or order, power of attorney, custodial instrument of designation, trust document, payee representative certification, assignment to funeral establishment, or notice of tax levy; and (2) any additional information that the Board of Trustees requires. (l) If the Board of Trustees, the Social Security Administration, or a court of competent jurisdiction determines that funds paid to any person under this section have been misused, payment of benefits will be promptly revoked. (m) The Board of Trustees is not liable for an improper payment to a person that results from the Board’s nonreceipt of: (1) written notice of the court decree or order, power of attorney, custodial instrument of designation, trust document, payee representative certification, assignment to funeral establishment, or notice of tax levy; or (2) any additional information that the Board required in order to execute the payment. *History: Ord. 62-1285* *History: Ord. 72-237* *History: Ord. 04-882* #### § 39 Protection against fraud; validating overpayments. Balt., Md., Code art. 22, § 39 (2026) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this Retirement System in any attempt to defraud such system as a result of such act shall be guilty of a misdemeanor, and shall be punishable therefor under the laws of the State of Maryland. Should any change or error in the records result in any member or beneficiary receiving from the Retirement System more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall correct such error and, as far as practicable, shall adjust the payments in such a manner that the actuarial equivalent of the payment to which said member or beneficiary was correctly entitled shall be paid. Provided, however, that any overpayments of benefits which have been made, or which may be made before the effective date of this ordinance, by the Retirement System as a result of administrative errors, with the exception of overpayments resulting from the fraud or deliberate misrepresentation of a beneficiary or potential beneficiary, are hereby waived to the extent that they have not been recovered by the system prior to that date, and no request or demand for reimbursement thereof shall be made after January 1, 1974, upon any retired member or his beneficiary who shall have received same. No request or demand shall be made upon the Retirement System for the return of any such overpayments which may have been recovered by the system before the effective date of this ordinance. *History: Ord. 62-1285* *History: Ord. 73-420* *History: Ord. 74-552* #### § 40 Limitation of other statutes. Balt., Md., Code art. 22, § 40 (2026) (a) No other provision of any local law or ordinance which provides wholly or partly at the expense of the City of Baltimore for pensions or retirement benefits for employees of the said City, their widows or other dependents, shall apply to members or beneficiaries of the Retirement System established by this subtitle, their widows or other dependents. (b) (c) All provisions of law inconsistent with the provisions of this subtitle are hereby repealed to the extent of such inconsistency. *History: Ord. 62-1285* *History: Ord. 22-125* #### § 41 Hearings. Balt., Md., Code art. 22, § 41 (2026) The Board of Trustees, upon its own initiative, or upon the request of an applicant for the benefits provided for by this subtitle, shall conduct a hearing on said claim, which hearing shall be conducted as a judicial proceeding, all witnesses testifying under oath or by affirmation, and a record of the proceedings shall be made and kept. At such hearing, the investigation shall be conducted in such manner as to ascertain the substantial rights of the parties and the Board of Trustees shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure. *History: Ord. 62-1285* #### § 41A Subpoena powers. Balt., Md., Code art. 22, § 41A (2026) The Board of Trustees may, in the enforcement of this subtitle, issue subpoenas, compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records, and necessary for hearings, investigations, and proceedings. Any such subpoena shall be served by the Sheriff of Baltimore City or any of his deputies. In case of disobedience to a subpoena, the Board of Trustees may apply to a court of appropriate jurisdiction for an order requiring the attendance, and testimony of witnesses and the production of books, papers, records, and documents. Said court, in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance, or testimony of such witnesses or the production of such books, papers, records, and documents as the case may be, is relevant or necessary for such hearings, investigations, or proceedings of the Board of Trustees, may issue an order requiring the attendance and testimony of such witnesses and the production of such books, papers, records, and documents, or any of them, and any failure to obey such order of the court may be punished by the court as contempt thereof. *History: Ord. 68-065* ### Subtitle 4 – Contractual Provisions #### § 42 Contractual relationship. Balt., Md., Code art. 22, § 42 (2026) Upon becoming either a Class A, a Class B or a Class C member of the Employees’ Retirement System, or upon becoming a member of the Fire and Police Employees’ Retirement System, established under this Article 22, such member shall thereupon be deemed to have entered into a contract with the Mayor and City Council of Baltimore, the terms of which shall be the provisions of this Article 22, as they exist at the effective date of this ordinance, or at the time of becoming a member, whichever is later, and the benefits provided thereunder shall not thereafter be in any way diminished or impaired. *History: Ord. 64-426* *History: Ord. 79-1055* ### Subtitle 5 – Investment Advisors #### § 43 Employment; duties. Balt., Md., Code art. 22, § 43 (2026) (a) Subject to the approval of the Board of Estimates, the Boards of Trustees of the respective retirement systems established under this Article 22 may hire, employ or retain qualified persons or other legal entities as investment advisors. The duties of such investment advisors shall include formulating and recommending to the respective Boards of Trustees, for their adoption, policy to be followed by the said Boards in respect to investment of the retirement systems’ funds established under this article, subject to the limitations on the said Boards provided for by this article; and monitoring and evaluating the investment of the retirement systems’ funds, and the performance of the investment managers with respect thereto. Payment for such investment advisory services shall be made from the resources of the pension fund or funds. (b) Nothing herein contained shall be construed to limit in any manner the authority heretofore conferred by this article on the said Boards of Trustees over the investment and management of the said several retirement systems’ funds, it being the intention of this section that the investment advisors authorized herein shall advise and make recommendations to the said Boards with respect to general investment policy, but the final determination as to the investment and management of any of the said funds shall remain with the said respective Boards of Trustees. *History: Ord. 64-424* *History: Ord. 70-907* *History: Ord. 78-851* ### Subtitle 6 – Police Department, Special Fund #### § 44 Widows’ benefits. Balt., Md., Code art. 22, § 44 (2026) (a) Notwithstanding any provision to the contrary contained in § 16-26 of the Code of Public Local Laws of Baltimore City, effective with the 1st day of the 1st full pay period after July 1, 1985, any widow or eligible children entitled to receive benefits under the provisions of said § 16-26 of the Code of Public Local Laws of Baltimore City shall receive a total benefit allowance calculated at the rate of not less than 15% of the current annual salary of those members of the police force or other employees of the Police Department in active service in the highest step or flat salary, excluding longevity or merit increases, of the grade, rank or classification occupied by the deceased member or employee at the time of his retirement. Effective with the 1st day of the 1st full pay period after July 1, 1986, any widow or eligible children, as provided in this section, shall receive a total benefit allowance calculated at the rate of not less than 20% of current annual salaries; but never shall the payment be less than $4,716.60 per annum. Effective with the 1st day of the 1st full pay period after July 1, 1987, and every year thereafter, these widows and eligible children shall receive a total benefit allowance calculated at the rate of not less than 25% of the current annual salaries of members and employees in active service; but never shall the payment be less than $5,895.75 per annum. In no event shall any widow or eligible child receive a reduction in total benefit allowance on July 1, 1985, on July 1, 1986, or on July 1, 1987. The payment and continued payment of such increases in total benefit allowances as may result from the workings of this paragraph shall be subject to the annual appropriation and payment of the necessary funds by the Mayor and City Council of Baltimore. (b) In addition to any other provisions contained in this § 44, effective with the 1st full pay period on or after July 1, 1979, any surviving widow entitled to receive benefits on or before June 30, 1977, under the provisions of § 16-26 of the Code of Public Local Laws of Baltimore City shall be entitled to receive a 5% increase annually over and above the total annual benefit allowance such widow was receiving on June 30, 1977, not to exceed a maximum of $130, provided that the deceased member had 25 or more years of service. If the deceased member had less than 25 years of service, such widow’s maximum annual increase of $130 shall be reduced, pro rata, by each year and the decimal proportion of a year that the deceased member’s service was less than 25 years. The payment and continued payment of such increases in total benefit allowances as may result from the workings of this paragraph shall be subject to the annual appropriation and payment of the necessary funds by the Mayor and City Council of Baltimore. *History: Ord. 74-552* *History: Ord. 75-975* *History: Ord. 79-1055* *History: Ord. 85-346* *History: Ord. 86-579* #### § 45 Military service credit. Balt., Md., Code art. 22, § 45 (2026) Notwithstanding any provision to the contrary contained in § 16-29 and § 16-30 of the Code of Public Local Laws of Baltimore City, upon proper application to the Police Commissioner, credit for military service, as defined in § 4(e) of this article, shall be granted to any retiree who retired under the provisions of the Police Department Special Fund who served in the military prior to employment with the Police Department, provided the member has attained the age of 50 years and acquired at least 10 years of service, or has acquired 25 years of service prior to such application. However, a retiree shall not be awarded credit if he has received credit for a period of military service under any other retirement system for which retirement benefits have been or will be received by him; however, this exclusion does not apply to any such credit provided through Federal Old-Age and Survivor’s Insurance (Social Security), or to any benefits provided under Title 3 or Title 10, Chapter 67, §§ 1331 through 1337 of the U.S. Code. The military service credit herein provided shall not exceed 3 years. The payment and continued payment of any increases in total benefit allowances as may result from the provisions of this paragraph shall be subject to the annual appropriation of the necessary funds by the Mayor and City Council of Baltimore. The provisions of this section shall apply to all retirees who are receiving periodically paid benefits on the effective date of this ordinance, regardless of their date of retirement, provided that at the time of retirement the retiree met the age and service requirements stated above. The provisions of this section shall not apply to beneficiaries of the retirees of this fund. The recalculated benefit, if any is due, shall be prospective only from the effective date of this ordinance. *History: Ord. 87-910* ### Subtitle 7 – General Provisions #### § 46 Scope of subtitle. Balt., Md., Code art. 22, § 46 (2026) This subtitle applies to: (1) the Employees’ Retirement System of the City of Baltimore; (2) the Fire and Police Employees’ Retirement System of the City of Baltimore; (3) the Elected Officials’ Retirement System of the City of Baltimore; and (4) the Retirement Savings Plan of the City of Baltimore. *History: Ord. 97-168* #### § 47 Definitions. Balt., Md., Code art. 22, § 47 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “System” means: (1) the Employees’ Retirement System of the City of Baltimore; (2) the Fire and Police Employees’ Retirement System of the City of Baltimore; (3) the Elected Officials’ Retirement System of the City of Baltimore; or (4) the Retirement Savings Plan of the City of Baltimore. (c) “New system” means the system: (1) in which an employee becomes a member through a transfer of employment with the City, through reemployment with the City, or by assuming an elected office; or (2) in which an elected official becomes a member through employment or reemployment with the City. (d) “Previous system” means the system: (1) in which an employee was previously a member before his or her transfer of employment, employment with the City, or reemployment with the City; or (2) in which an elected official was previously a member before assuming an elected office. (e) “Terminate employment with the City” means to end all permanent full-time and permanent part-time City employment. (f) “Designated beneficiary” means 1 or more persons named by a member, former member, or a retiree as beneficiary on a notarized written designation filed with the Board of Trustees on forms provided by the Board of Trustees. (g) (1) “Surviving spouse” means the individual to whom a member, former member, or retiree was married on the date of his or her death, even if the individual was separated from or had been granted a limited divorce from the member, former member, or retiree. (2) “Surviving spouse” does not include an individual who has been granted an absolute divorce from a member, former member, or retiree before his or her death. (h) (i) “Retirement date” means the date on which a member effectively begins to receive retirement benefits. (j) “Elected office” means the office held by an elected official. (k) “Elected official” means any of the following: (1) the Mayor; (2) the City Comptroller; (3) the City Council President; or (4) a member of the City Council. *History: Ord. 97-168* *History: Ord. 98-290A* *History: Ord. 14-216* *History: Ord. 16-488* *History: Ord. 19-254* *History: Ord. 20-459* #### § 48 Contemporaneous benefits from 2 or more City systems. Balt., Md., Code art. 22, § 48 (2026) (a) If a City employee or elected official is eligible to retire from 1 or more systems or is currently receiving benefits from 1 or more systems: (1) the employee or official must join the appropriate new system on beginning employment or assuming an elected office in a position covered by that new system; (2) the employee or official retains service credit in the previous system or systems; and (3) the receipt of benefits from the previous system or systems is postponed or suspended until the member terminates employment or exits elected office. (b) On terminating employment or exiting elected office, a former employee or elected official may receive simultaneous retirement benefits from all previous systems and the new system. (c) On terminating employment or exiting elected office, a member’s retirement benefits that had been postponed or suspended from a previous system shall be calculated to include all post-retirement increases that the member would have been eligible to receive had the benefits not been postponed or suspended from that previous system. (d) (1) Any member whose receipt of retirement benefits from a previous system has been postponed by joining a new system may file, in accordance with the procedures of the previous system’s Board of Trustees, a tentative election to distribute death benefits. (2) The member may: (i) tentatively elect the payment mode of his or her retirement benefit under § 6(a)(5), 9(m), 9.2(k), 22(e), or 34(k) of this article; and (ii) designate tentative beneficiaries to receive his or her retirement benefits in the event he or she dies before terminating employment or exiting elected office. (3) The member may change this election, by making a new election in accordance with the procedures of the previous system’s Board of Trustees, at any time before the member files a permanent application for retirement. (4) Members of the Employees’ Retirement System who are entitled to deferred vested retirement benefits and who join a new system before attaining age 55 may file this tentative election on attaining age 55. (e) (1) The following death benefits shall be paid on behalf of any member who had benefits postponed or suspended from a previous system and who dies while in service in his or her new system: (i) a death benefit from the member’s new system, under § 6(h), 6(i), 9(o-1), 9(o-2), 9.2(m), 9.2(n), 22(f), 22(g), 34(h), or 34(i) of this article or § 9-4 of Article 22A; and (ii) a death benefit from the member’s previous system, as follows: 1. in the case of a suspended benefit, in accordance with the election of retirement benefits made at the time of applying for retirement benefits from the previous system; 2. in the case of a postponed benefit of a member who made a tentative election under subsection (d) of this section, in accordance with that election; and 3. in the case of a postponed benefit of a member who did not make a tentative election under subsection (d) of this section, as if the member had elected the maximum retirement allowance form of payment under § 6(a)(14), 9(m)(1), 9.2(k)(1), 22(e)(1), or 34(k)(3) - (6) of this article. (2) If a retiree dies while receiving retirement benefits from 2 or more systems, a death benefit shall be payable from each system, in accordance with the applicable provisions of the respective systems and the elections made in the application for retirement by the retiree at the time he or she retired from each system. *History: Ord. 97-168* *History: Ord. 14-216* #### § 49 Rollovers and transfers to purchase service credit, effective January 1, 2002. Balt., Md., Code art. 22, § 49 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) (i) “Rollover contribution” means an eligible rollover distribution, as defined in Internal Revenue Code § 402(c)(4), that the member: (A) receives from an eligible retirement plan, as defined in Internal Revenue Code § 402(c)(8)(b); and (B) transfers to the system in accordance with Internal Revenue Code § 402(c) so as not to be included in the member’s taxable income. (ii) “Rollover contribution” does not include any portion of a distribution that would not be included in the member’s taxable income if it were not rolled over. (3) “Trustee-to-trustee transfer” means a direct transfer to the system made in accordance with Internal Revenue Code § 403(b)(13) or § 457(e)(17). (b) If any provision of this article allows a member of any system to purchase or repurchase service credit by making a single payment, all or any portion of that payment may be made by a rollover contribution or a trustee-to-trustee transfer, except as specified in subsection (c) of this section. (c) No member may purchase or repurchase service credit under this section if the Board of Trustees determines that the purchase or repurchase does not qualify for tax-free rollover or transfer treatment under the applicable provisions of the Internal Revenue Code as then in effect. *History: Ord. 03-576* ## Article 22A – Retirement Savings Plan ### Subtitle 1 – Definitions; General Provisions #### § 1-1 Definitions. Balt., Md., Code art. 22A, § 1-1 (2026) (a) In this article, the following terms have the meanings indicated. (b) “Account” means the separate bookkeeping account established and maintained on behalf of each member under § 6-1 {“Accounts: Establishment”} of this article. (c) “Beneficiary” means any person entitled under § 9-4 {“Distributable events – Death”} of this article to receive the value of a member’s account on the death of that member. (d) “Board of Trustees” or “Board” means the Board of Trustees established by this article. (e) “City of Baltimore” or “City” means the Mayor and City Council of Baltimore. (f) “Deferred Compensation Plan” means the City of Baltimore Deferred Compensation Plan. (g) (1) “Earnable compensation” means the annual salary authorized for a hybrid member. (2) “Earnable Compensation” means the actual pay received each payroll period (if any) by a non-hybrid member. (3) For both hybrid and non-hybrid members, “earnable compensation” does not include overtime pay, differential pay, environmental pay, hazardous duty pay, pay for conversion of leave, bonus pay or other fringe benefits, or any like additional payments. (h) (1) “Employee” means any of the following, if in a job classification that requires at least 500 hours per year: (i) except as provided in paragraph (2) of this subsection, any permanent officer or employee of the Mayor and City Council of Baltimore, including any officer or employee of an agency, department, unit, subdivision, or instrumentality of the Mayor and City Council; (ii) any employee of the Baltimore City Public School System who is not eligible to participate in the Maryland State Retirement and Pension System; and (iii) any employee of the Enoch Pratt Free Library who is not eligible to participate in the Maryland State Retirement and Pension System. (2) “Employee” does not include: (i) any “elected official”, as defined in City Code Article 22, § 17A(2), for purposes of membership in the Elected Officials’ Retirement System of the City of Baltimore; (ii) any “employee”, as defined in City Code Article 22, § 30(2), for purposes of membership in the Fire and Police Employees’ Retirement System of the City of Baltimore; or (iii) any “employee” of the Baltimore Museum of Art or the Walters Art Museum. (3) (i) In all cases of doubt, the Board of Trustees determines who is an “employee” under this article. (ii) A determination by the Board under this paragraph is final and binding on all persons, subject to the rights of appeal and review under § 2-17 {“Administrative appeal”} and § 2-18 {“Judicial and appellate review”} of this article. (i) “Hybrid member” means an employee who, under City Code Article 22, § 9.1, has elected to become both a member of the Retirement Savings Plan and a Class D member of the Employees’ Retirement System. (j) (k) “IRC” means the Internal Revenue Code, as amended from time to time. (l) (1) “Member” means an employee who is a member of the Retirement Savings Plan. (2) “Member” includes, except as otherwise specifically limited, any hybrid member or non-hybrid member of the Plan. (m) “Military service” means “service in the uniformed services”, as that phrase is defined in 38 U.S.C. § 4303(13) or any successor law. (n) “Non-hybrid member” means an employee who, under City Code Article 22, § 9.1, has elected to become a member of the Retirement Savings Plan, but not a Class D member of the Employees’ Retirement System. (o) “Normal retirement age” means age 65. (p) “Other City retirement plan” means: (1) the Employees’ Retirement System of the City of Baltimore; (2) the Fire and Police Employees’ Retirement System of the City of Baltimore; or (3) the Elected Officials’ Retirement System of the City of Baltimore. (q) “Participating employer” or “employer” means: (1) the Mayor and City Council of Baltimore; and (2) the Baltimore City Public School System. (r) “Plan Year” means the 12-month period beginning on July 1 of each year and ending on June 30 of the following year, both dates inclusive. (s) “Retirement Savings Plan” or “Plan” means the Retirement Savings Plan of the City of Baltimore established by this article. (t) “Service”, as applied to an employee’s service with a participating employer, has the meaning stated in § 4-1 {“ ‘Service’ defined”} of this article. (u) “Trustee” means a member of the Board of Trustees. (v) “USERRA” means the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, 38 U.S.C. § 4301 et seq. (w) “Value”, as applied to a member’s account or sub-account, means the total value of that account or sub-account, as determined under § 6-3(b) {“Value of funds and accounts”} of this article. (x) “Vested account” means the aggregate of the following vested sub-accounts: (1) a non-hybrid member’s Mandatory Employee Contribution Sub-Account; (2) a member’s Employer Contribution Sub-Account, if vested under § 7-2 {“Vesting: Employer Contribution Sub-Account”} of this article; and (3) if applicable, a member’s Rollover Contribution Sub-Account. *History: Ord. 14-216* *History: Ord. 20-458* #### § 1-2 Balt., Md., Code art. 22A, § 1-2 (2026) Reserved #### § 1-3 Balt., Md., Code art. 22A, § 1-3 (2026) Reserved #### § 1-4 Plan established. Balt., Md., Code art. 22A, § 1-4 (2026) The Retirement Savings Plan of the City of Baltimore is established, effective as of July 1, 2014, for the purpose of providing retirement benefits for eligible employees. *History: Ord. 14-216* #### § 1-5 Qualification under Internal Revenue Code. Balt., Md., Code art. 22A, § 1-5 (2026) (a) The Retirement Savings Plan is intended to be: (1) a qualified profit-sharing plan under IRC § 401(a); and (2) a “governmental plan” under IRC § 414(d). (b) Accordingly, any provision of this article that is subject to more than one construction or interpretation must be resolved in favor of the construction or interpretation that is consistent with the requirements of IRC § 401(a) and § 414(d). *History: Ord. 14-216* *History: Ord. 15-329* #### § 1-6 Limitations on liability. Balt., Md., Code art. 22A, § 1-6 (2026) Notwithstanding any other provision of this article: (1) no member is, by virtue of membership in the Retirement Savings Plan, considered to have entered into a contract at any time with the Mayor and City Council of Baltimore; (2) the Mayor and City Council of Baltimore does not guarantee the payment of any benefit under the Plan; and (3) any person claiming a benefit under the Plan must look solely to Plan assets. *History: Ord. 14-216* #### § 1-7 Exclusive benefit. Balt., Md., Code art. 22A, § 1-7 (2026) (a) Notwithstanding any other provision of this article, other than subsection (b) of this section, no part of the assets of the Retirement Savings Plan may be used for or diverted to any purposes other than for the exclusive benefit of members and beneficiaries. (b) (1) An employer contribution made by mistake of fact may be returned to the appropriate participating employer after payment of the mistaken contribution. (2) The amount returned: (i) must be reduced by its proportionate share of losses and expenses; and (ii) may not be increased by any gains. *History: Ord. 14-216* *History: Ord. 20-458* ### Subtitle 2 – Administration #### § 2-1 Board established. Balt., Md., Code art. 22A, § 2-1 (2026) There is a Board of Trustees of the Retirement Savings Plan. *History: Ord. 14-216* #### § 2-2 Board composition. Balt., Md., Code art. 22A, § 2-2 (2026) (a) (1) The Board consists of the following 13 trustees, all of whom serve with voting privileges: (i) the Director of Finance or the Director’s designated representative, who must be either the Deputy Director of Finance or the Budget Director; (ii) the City Comptroller or the Comptroller’s designated representative, who must be a Deputy Comptroller; (iii) the Director of Human Resources; (iv) the City Labor Commissioner; (v) 2 representatives of the Baltimore City Public School System, to be designated by the Chief Executive Officer of the Baltimore City Public School System; (vi) the President of AFSCME Local 44 or the President’s designated representative; (vii) the President of the City Union of Baltimore (“CUB”) or the President’s designated representative; (viii) the President of the Managerial and Professional Society of Baltimore, Inc. (“MAPS”) or the President’s designated representative; (ix) a representative jointly designated by the Baltimore Fire Officers Association and Baltimore City Lodge #3 Fraternal Order of Police; (x) 2 residents and registered voters of the City of Baltimore, to be appointed by the Mayor in accordance with City Charter Article IV, §6; and (xi) `a representative appointee to be designated by the City Council President. (2) Each of the 2 trustees appointed under paragraph (1)(x) of this subsection must have at least 10 years of relevant institutional investment management expertise or other equivalent experience and may not be an official or employee of the City at the time of his or her appointment or during the entire term of office. (3) (i) Each of the 3 trustees appointed under paragraph (1)(x) and (xi) of this subsection serves for a term of 4 years, concurrent with the term of the Mayor and the City Council President. (ii) At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. (iii) If appointed to fill a vacancy in an unexpired term, a trustee serves only for the remainder of that term. (b) Notwithstanding City Charter Article IV, § 8, trustees may be appointed or hold their positions without regard to political affiliation. *History: Ord. 14-216* *History: Ord. 15-329* *History: Ord. 20-458* *History: Ord. 21-019* #### § 2-3 Board functions. Balt., Md., Code art. 22A, § 2-3 (2026) (a) The Board of Trustees serves both: (1) in an administrative capacity, as described in subsection (b) of this section; and (2) as trustee of Plan assets, as described in subsection (c) of this section. (b) Subject to § 2-8 {“Retention of services; Right of reliance”} of this subtitle, the Board is responsible for: (1) the general administration and proper operation of the Plan; and (2) effectuating the provisions of this article. (c) (1) The Board is the trustee of the Plan assets. (2) Subject to § 2-8 {“Retention of services; Right of reliance”} of this subtitle, the Board is responsible for: (i) selecting investment funds (including a default investment fund) under § 6-2 {“Accounts: Investments”} of this article; (ii) monitoring these investment funds on an ongoing basis; and (iii) adding or replacing these investment funds as the Board considers prudent. (d) Subject to § 2-8 {“Retention of services; Right of reliance”} of this subtitle, the Board is responsible for any other assets assigned to the Board by the City. The scope of the Board’s responsibility is determined by the terms of the assignment. *History: Ord. 14-216* *History: Ord. 15-329* *History: Ord. 20-458* #### § 2-4 Balt., Md., Code art. 22A, § 2-4 (2026) Reserved #### § 2-5 Oath of office. Balt., Md., Code art. 22A, § 2-5 (2026) Each Trustee must take an oath of office as required by City Charter Article IV, § 6(i), or other applicable law. *History: Ord. 14-216* #### § 2-6 Officers. Balt., Md., Code art. 22A, § 2-6 (2026) (a) The Director of Finance (or the Director’s designated representative) serves as Chair of the Board. (b) The trustees may elect a trustee to serve as Vice-Chair of the Board. (c) (1) If an Executive Director has been appointed by the Board under § 2-8(a) {“Services”} of this subtitle, the Executive Director serves as the Board’s Secretary. (2) If no Executive Director has been appointed, the trustees may elect a trustee to serve as the Board’s Secretary. *History: Ord. 14-216* *History: Ord. 20-458* #### § 2-7 Meetings; Voting; Records. Balt., Md., Code art. 22A, § 2-7 (2026) (a) (1) The Board of Trustees must meet once during each calendar quarter, unless the Chair determines that additional meetings are required. (2) All meetings of the Board must be conducted in accordance with the State Open Meetings Act, Title 3 of the State General Provisions Article. (b) (1) Each trustee is entitled to 1 vote on the Board. (2) 6 trustees constitute a quorum. (3) An affirmative vote by the majority of a quorum is needed for any action by the Board. (c) (1) The Board must keep a record of all of its proceedings. (2) These records are open to public inspection in accordance with the State Public Information Act, Title 4 of the State General Provisions Article. *History: Ord. 14-216* *History: Ord. 15-329* *History: Ord. 16-503* *History: Ord. 20-458* #### § 2-8 Retention of services; Right of reliance. Balt., Md., Code art. 22A, § 2-8 (2026) (a) (1) From time to time, as the Board of Trustees determines necessary for the efficient administration of the Retirement Savings Plan, the Board may: (i) retain the services of a third-party administrator to provide administrative and recordkeeping services for the Plan; (ii) retain the services of 1 or more investment advisors to provide investment assistance and advice; (iii) retain the services or secure the advice of any other person or entity; and (iv) appoint an Executive Director for the Plan and delegate to the Executive Director and the Executive Director’s staff any of the Board’s duties or responsibilities under this subtitle. (2) The retention of these services is subject to the approval of the Board of Estimates if the fees for the services exceed the dollar threshold that generally requires Board of Estimates approval. (b) (1) The Board of Trustees is entitled to rely conclusively on, and is fully protected in any action or omission taken by it in good faith reliance on, the advice of any person or entity. (2) The Board is not liable for any act or omission of any person to whom the Board has delegated any of its duties or responsibilities. *History: Ord. 14-216* #### § 2-9 Rules and regulations. Balt., Md., Code art. 22A, § 2-9 (2026) Subject to any limitations imposed by this article and to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Trustees may adopt rules and regulations for the efficient administration of the Retirement Savings Plan. *History: Ord. 14-216* *History: Text Conformed 02/22/21* #### § 2-10 Compensation; Expenses. Balt., Md., Code art. 22A, § 2-10 (2026) (a) Except as provided in subsection (b) of this section, each trustee serves without compensation. (b) Trustees serve without compensation, but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties. *History: Ord. 14-216* *History: Ord. 15-329* *History: Ord. 16-503* *History: Ord. 20-458* #### § 2-11 Legal advisor. Balt., Md., Code art. 22A, § 2-11 (2026) The City Solicitor is the legal advisor to the Board. *History: Ord. 14-216* #### § 2-12 Fiduciary standards; Indemnification; Insurance. Balt., Md., Code art. 22A, § 2-12 (2026) (a) For purposes of this section, a person is “acting as a fiduciary with respect to the Plan” to the extent that the person: (1) exercises any discretionary authority or discretionary control respecting management of the Retirement Savings Plan; (2) exercises any discretionary authority or discretionary control respecting management or disposition of Plan assets; or (3) has any discretionary authority or discretionary responsibility in administering the Plan. (b) The trustees and every other person “acting as a fiduciary with respect to the Plan” must discharge their duties with respect to the Plan: (1) solely in the interest of members and beneficiaries and for the exclusive purpose of providing benefits to members and beneficiaries and defraying reasonable expenses of administering the Plan; (2) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims; and (3) in accordance with this article and with the documents and instruments governing the Plan. (c) (1) To the extent allowable by applicable law, the City may indemnify every person who is made or is threatened to be made a party to any action, suit, or proceeding, including any administrative or investigative proceeding, by reason of “acting as a fiduciary with respect to the Plan”. (2) This indemnification may cover those expenses actually and reasonably incurred in connection with the action, suit, or proceeding, including attorney’s fees, judgments, fines, and amounts paid in settlement. (3) Notwithstanding any other provision of this subsection, indemnification may not be made with respect to: (i) any action, suit, or proceeding as to which the person acted with gross negligence or willful misconduct; or (ii) an independent contractor providing services to the Plan. (d) The City may provide insurance or self-insurance to cover potential liability resulting from an act or failure to act on the part of any person “acting as a fiduciary with respect to the Plan”. (e) If the City fails to indemnify or provide adequate insurance for any person “acting as a fiduciary with respect to the Plan”, the City assumes all liability resulting from that person’s act or failure to act. *History: Ord. 14-216* #### § 2-13 Plan expenses. Balt., Md., Code art. 22A, § 2-13 (2026) Except for investment fund fees and expenses paid under § 6-2(e) {“Investments: Fund fees and expenses”} of this article, all expenses incurred in the administration of the Retirement Savings Plan and in the management of Plan assets may only be paid as follows: (1) first, out of either forfeitures under Subtitle 8 {“Forfeitures”} of this article; or (2) the unallocated Plan Asset Account that holds revenue sharing or similar payments received by the Plan from or with respect to an investment option, as determined by the Board. *History: Ord. 14-216* *History: Ord. 20-458* #### § 2-14 Recovery of overpayments. Balt., Md., Code art. 22A, § 2-14 (2026) If the Board of Trustees determines that a member or beneficiary has received from the Retirement Savings Plan a distribution that exceeds the amount to which the member or beneficiary was entitled, the Board must take all necessary steps to recover the overpayment. *History: Ord. 14-216* #### §§ 2-15 and 2-16 Balt., Md., Code art. 22A, § 2-15 and 2-16 (2026) Reserved #### § 2-17 Administrative appeal. Balt., Md., Code art. 22A, § 2-17 (2026) (a) Any person aggrieved by a determination made or action taken with respect to a person’s eligibility for membership in or benefits under the Retirement Savings Plan may appeal that determination or action to the Board of Trustees. (b) A notice of appeal must be filed with the Board within 1 year of the determination or action in question. (c) (1) On receipt of a notice of appeal, the Board must hold a hearing on the appeal as soon as administratively practicable. (2) Except as otherwise provided in this section or, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, by rule or regulation of the Board: (i) the hearing must be conducted in an orderly but informal manner; and (ii) formal rules of evidence and trial procedures do not apply. (d) (1) The person filing the appeal may be represented by counsel at the hearing. (2) The Plan will be represented by the City Solicitor or the Solicitor’s designee. (e) All witnesses testifying at the hearing must do so under oath or by affirmation, subject to the penalties of perjury. (f) (1) As soon as administratively practicable after the hearing, the Board must render its decision and notify the person filing the appeal of that decision. (2) In its decision, the Board may affirm, modify, or reverse the determination or action from which the appeal was taken. *History: Ord. 14-216* *History: Text Conformed 02/22/21* #### § 2-18 Judicial and appellate review. Balt., Md., Code art. 22A, § 2-18 (2026) (a) A party aggrieved by a final decision of the Board of Trustees under § 2-17 {“Administrative appeal”} of this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 14-216* #### § 2-19 Balt., Md., Code art. 22A, § 2-19 (2026) Reserved #### § 2-20 Conflicts of interest. Balt., Md., Code art. 22A, § 2-20 (2026) (a) (1) The Board of Trustees is an “agency” and “board” within the meaning of and subject to the standards and requirements of the Baltimore City Public Ethics Law (City Code Article 8). (2) Each trustee is a “public servant” and an “official” within the meaning of and subject to the standards and requirements of the Baltimore City Public Ethics law. (3) Each employee of the Board is a “public servant” and an “employee” within the meaning of and subject to the standards and requirements of the Baltimore City Public Ethics Law. (b) (1) In addition to the standards and requirements contained in the Baltimore City Public Ethics Law, trustees and Board employees may not engage in any of the following activities or hold any of the following interests, as these activities or interests are defined in the Baltimore City Public Ethics Law. (2) No Trustee or Board employee may do business with any system, plan, or trust administered by any of the following (collectively, “the City Benefit Plans”): (i) the Board of Trustees of the Employees’ Retirement System of the City of Baltimore; (ii) the Board of Trustees of the Fire and Police Employees’ Retirement System of the City of Baltimore; (iii) the Board of Trustees of the Elected Officials’ Retirement System of the City of Baltimore; and (iv) the Board of Trustees of the Retirement Savings Plan of the City of Baltimore. (3) No trustee or Board employee may be employed by or have a financial interest in any person or entity doing business or seeking to do business with any City Benefit Plan. (4) (i) Notwithstanding City Code Article 8 {“Ethics”}, § 6-28(3) {“Gifts: Qualified exemptions; travel, etc., expenses”}, no trustee or Board employee may accept any gift or any payment, free admission, or expense reimbursement for attendance at a conference, seminar, or similar meeting, or for related food, travel, lodging, or entertainment, if the gift or the payment, free admission, or reimbursement is, directly or indirectly, from: (A) any person or entity engaged in an activity or providing a product or service that the trustee knows or has reason to know has been marketed to a City Benefit Plan or is of a type that the trustee reasonably would expect to be marketed to a City Benefit Plan; or (B) any trade, professional, or other association that has members engaged in an activity or providing a product or service that the trustee knows or has reason to know has been marketed to a City Benefit Plan or is of a type that the trustee reasonably would expect to be marketed to a City Benefit Plan. (ii) Subparagraph (i) of this paragraph does not preclude application of the qualified exemptions contained in City Code Article 8, § 6-28(1) {“food or beverages … consumed … in… presence … of donor”}, § 6-28(2) {“gift … [of] insignificant value”}, § 6-28(5) {“gift … [exempted by] Ethics Board”}, or § 6-28(6) {“gift from a spouse, parent, child, or sibling”}, subject to the qualifications of § 6-29 {“exemption limitations”}. (5) No assets of the Retirement Savings Plan or of any system, plan, or trust administered by the Board of Trustees of the Plan may be used to pay for the attendance of a trustee or Board employee at any conference, seminar, or similar meeting, or for related food, travel, lodging, or entertainment, unless that attendance has first been approved by the Board of Estimates in accordance with the Administrative Manual of Baltimore City, AM-240-3 {“Board of Estimates Approval”}. (6) No trustee or Board employee may engage in any activity that requires registration as a lobbyist with the City Ethics Board. (c) The City Ethics Board administers and enforces this section in accordance with the administrative and enforcement provisions of the Baltimore City Public Ethics Law. *History: Ord. 14-216* *History: Ord. 17-068* *History: Ord. 20-458* ### Subtitle 3 – Plan Membership #### § 3-1 Membership mandatory. Balt., Md., Code art. 22A, § 3-1 (2026) Every employee who is initially employed or reemployed by a participating employer on or July 1, 2014, must, as a condition of that employment, become either a hybrid member or a non-hybrid member of the Retirement Savings Plan. *History: Ord. 14-216* #### § 3-2 Commencement of participation. Balt., Md., Code art. 22A, § 3-2 (2026) (a) An employee initially employed by a participating employer on or after July 1, 2014, must make an election under City Code Article 22, § 9.1, and, based on that election, will commence participation in the Plan as follows: (i) A hybrid member will commence participation on the 1st anniversary of the date on which his or her initial employment began. (ii) A non-hybrid member will commence participation on the 180th day after the date on which his or her initial employment began. (b) (1) An employee who was employed by a participating employer before July 1, 2014, and who, after having terminated that employment with a vested benefit under a City retirement plan, is reemployed by that or another participating employer on or after July 1, 2014, automatically commences participation in the Plan as a non-hybrid member on the 30th day after the date of reemployment. (2) An employee who was employed by a participating employer before July 1, 2014, and who, after having terminated that employment before earning a vested benefit under a City retirement plan, is reemployed by that or another participating employer on or after July 1, 2014, must make an election under City Code Article 22, § 9.1, and, based on that election, will commence participation as a hybrid member or a non-hybrid member on the date provided in subsection (a) of this section. (c) A Plan member who terminates employment with a participating employer and is subsequently reemployed by that or another participating employer will recommence participation in the Plan as a hybrid member or a non-hybrid member, based on his or her previous election under City Code Article 22, § 9.1, on the 30th day after the date on which his or her reemployment began. *History: Ord. 14-216* *History: Ord. 20-458* #### § 3-3 Dual memberships precluded. Balt., Md., Code art. 22A, § 3-3 (2026) (a) Except as provided in subsection (b) of this section, a member of the Retirement Savings Plan may not, while a member of the Retirement Savings Plan, make contributions to, receive benefits from, or accrue service credit under any other City retirement plan. (b) Subsection (a) of this section does not apply to participation by a hybrid member of the Retirement Savings Plan as a Class D member of the Employees’ Retirement System. (c) (1) This subsection applies to a person who: (i) as a member of any other City retirement plan, becomes eligible for a retirement benefit from that other plan; and (ii) either: (A) after terminating employment or exiting elected office and having begun to receive that benefit, becomes an employee on or after July 1, 2014; (B) after terminating active membership with the other City retirement plan on or after July 1, 2014, immediately becomes an employee through a transfer of employment; or (C) after terminating employment or exiting elected office, becomes an employee on or after July 1, 2014, before beginning to receive that benefit. (2) (i) For a person described in paragraph (1)(ii)(A) of this subsection, payment of his or her benefit from the other City retirement plan is suspended until the member later terminates employment. (ii) For a person described in paragraph (1)(ii)(B) or (c) of this subsection, receipt of her or his benefit from the other City retirement plan is postponed until the member later terminates employment. (3) If a person described in paragraph (1) of this subsection dies before later terminating employment, the following death benefits must be paid: (i) the death benefit provided for by § 9-4 {“Distributable events – Death”} of this article; and (ii) a death benefit from the other City retirement plan in accordance with Article 22, § 48(e)(1)(ii). *History: Ord. 14-216* #### § 3-4 Termination of participation. Balt., Md., Code art. 22A, § 3-4 (2026) A member’s participation in the Retirement Savings Plan terminates on the complete distribution to the member or the member’s beneficiary of the member’s vested account. *History: Ord. 14-216* ### Subtitle 4 – Service #### § 4-1 “Service” defined. Balt., Md., Code art. 22A, § 4-1 (2026) (a) Except as otherwise provided in this section, “service” means the sum of each period of a member’s employment with a participating employer. (b) Except as provided in subsection (c) of this section, “service” does not include any period of employment: (1) that has been credited as service under any other City retirement plan for calculating the amount of a retirement benefit or a deferred vested retirement benefit; or (2) during which the member was not receiving earnable compensation for any portion of a pay period from the participating employer. (c) The exclusions of subsection (b) of this section do not apply to any period of employment credited to a hybrid member for service as a Class D member of the Employees’ Retirement System. (d) If a member transfers service to any other City retirement plan, that transferred service may not be counted to determine whether the member is vested in his or her employer contribution sub-account. *History: Ord. 14-216* *History: Ord. 20-458* *History: * #### § 4-2 Applicability. Balt., Md., Code art. 22A, § 4-2 (2026) A member’s service is used to determine whether the member is vested in his or her Employer Contribution Sub-Account. *History: Ord. 14-216* #### § 4-3 Military Service. Balt., Md., Code art. 22A, § 4-3 (2026) To the extent required by USERRA, the service of a member returning from an unpaid leave of absence on account of military service includes the period of the member’s leave of absence. *History: Ord. 14-216* #### § 4-4 Determination final and binding. Balt., Md., Code art. 22A, § 4-4 (2026) The determination of a member’s service: (1) is made by the Board of Trustees; and (2) is final and binding on all persons, subject to the rights of appeal and review under § 2-17{“Administrative appeal”} and § 2-18 {“Judicial and appellate review”} of this article. *History: Ord. 14-216* ### Subtitle 5 – Contributions #### § 5-1 Types of contributions. Balt., Md., Code art. 22A, § 5-1 (2026) The following contributions are made to the Retirement Savings Plan: (1) Mandatory employee contributions made under§ 5-2 {“Mandatory contributions by non-hybrid members”} of this subtitle; (2) Employer contributions made under § 5-3 {“Employer contributions”} of this subtitle; and (3) Rollover contributions made under § 5-4 {“Rollover contributions”} of this subtitle. *History: Ord. 14-216* #### § 5-2 Mandatory contributions by non-hybrid members. Balt., Md., Code art. 22A, § 5-2 (2026) (a) This section applies only to non-hybrid members of the Plan. (b) Beginning with the first full payroll period that starts on or after the date on which a non-hybrid member commences participation in the Retirement Savings Plan and continuing through the last full payroll period ending on or before termination of employment with a participating employer: (1) for each payroll period, the member must contribute to the Plan 5% of the member’s earnable compensation for that payroll period; (2) for each payroll period, the Department of Finance will cause the contribution to be deducted from the member’s earnable compensation for that payroll period; and (3) as soon as administratively practicable after the deduction is taken, the contribution will be credited to the member’s Mandatory Employee Contribution Sub-Account. (c) (1) (i) The contributions described in this section are intended to be treated as being “picked up” by the participating employer within the meaning of IRC § 414(h)(2). (ii) The amount of each mandatory employee contribution is paid by the employer in lieu of contributions by members, and members may not receive those amounts directly. Because the mandatory employee contributions are paid by the employer, they must be treated as employer contributions in determining their federal income tax treatment. (2) The picked-up contributions may not be excluded in computing any other benefit paid in connection with the member’s employment with a participating employer. (3) (i) As soon as administratively practicable after enactment of this article, the City will request a private letter ruling from the Internal Revenue Service to the effect that the contributions so picked up by the employer on behalf of members will be treated as employer contributions under IRC § 414(h)(2) and will not be includible in the member’s gross income for federal income tax purposes for the year in which they are contributed. (ii) If the Internal Revenue Service rules that the pick up of contributions does not satisfy the requirements of IRC § 414(h)(2), or if IRC § 414(h)(2) is repealed, the contributions required under this section will remain in effect, but the contributions may no longer be treated as picked up and instead will be treated as paid directly by the member. *History: Ord. 14-216* #### § 5-3 Employer contributions. Balt., Md., Code art. 22A, § 5-3 (2026) (a) Employer contributions must be made to the Retirement Savings Plan as provided in this section. (b) (1) For each payroll period in which a non-hybrid member makes a mandatory employee contribution under § 5-2 {“Mandatory contributions by non-hybrid members”} of this subtitle, the member’s employer must contribute to the Retirement Savings Plan an amount equal to 4% of the member’s earnable compensation for that payroll period. (2) As soon as administratively practicable after the employer contribution is made, the contribution will be credited to the non-hybrid member’s Employer Contribution Sub-Account. (c) (1) For each payroll period in which a hybrid member has earnable compensation and the Class D funded status is 85% or more, the hybrid member’s employer must contribute to the Retirement Savings Plan 3% of the member’s earnable compensation for that payroll period. (2) For each payroll period in which a hybrid member has earnable compensation and the Class D funded status is less than 85%, the hybrid member’s employer must contribute to the Retirement Savings Plan 1.5% of the members’s earnable compensation for that payroll period. (3) As soon as administratively practicable after the employer contribution is made, the contribution will be credited to the hybrid member’s Employer Contribution Sub-Account. (4) (i) For purposes of paragraphs (2) and (3) of this subsection, the Class D funded status for a payroll period is the ratio described in subparagraph (ii) of this paragraph as of June 30 of the calendar year immediately preceding the calendar year in which the payroll period begins. (ii) Except as provided in subparagraph (iii) of the paragraph, the Class D funded status as of each June 30 is the ratio that the Employees’ Retirement System’s assets attributable to Class D members on that date, determined on an “adjusted market value basis”, bears to the Employees’ Retirement System’s liabilities attributable to Class D members on that date. The ratio will be determined by the actuary of the Employees’ Retirement System, using a methodology approved jointly by the Boards of this Plan and of the Employees’ Retirement System. (iii) Notwithstanding subparagraph (ii) of this paragraph, the Class D funded status for payroll periods beginning in calendar years 2014 and 2015 is 100%. (d) (1) For each payroll period in which a non-hybrid member makes a voluntary deferral to the City’s Deferred Compensation Plan, the member’s employer must contribute to the Retirement Savings Plan an amount equal to 50% of the amount deferred by the member for that payroll period, but taking into account only the amount deferred that does not exceed 2% of the member’s earnable compensation for that payroll period. (2) As soon as administratively practicable after this employer contribution is made, the contribution will be credited to the non-hybrid member’s Employer Contribution Sub-Account. *History: Ord. 14-216* *History: Ord. 15-329* *History: Ord. 20-458* #### § 5-4 Rollover contributions. Balt., Md., Code art. 22A, § 5-4 (2026) (a) (1) Subject to the requirements of this section, a member may make 1 or more rollover contributions to the Retirement Savings Plan. (2) As soon as administratively practicable after a rollover contribution is made, the contribution will be credited to the member’s Rollover Contribution Sub-Account. (b) A member who wishes to make a rollover contribution must: (1) file a request with the Board of Trustees in the form required by the Board; and (2) establish to the satisfaction of the Board that amounts intended to be rolled over satisfy the conditions of subsection (c) of this section. (c) Every rollover contribution must be: (1) either: (i) an “eligible rollover distribution” as defined in IRC § 402(f)(2)(A), including eligible distributions of designated Roth contributions described in IRC § 402a(c)(3); or (ii) eligible for rollover treatment under IRC § 408(d)(3), including eligible distribution from a Roth IRA described in IRC § 408(a) eligible for rollover treatment under IRC § 408(d)(3), including eligible distributions from a Roth IRA described in IRC § 408(a). (2) made solely in cash; (3) distributed from: (i) a qualified plan under IRC § 401(a) or §403(a), except that amounts rolled over may not include nondeductible or after-tax contributions; (ii) a tax-sheltered annuity under IRC § 403(b); (iii) an eligible plan under IRC § 457(b) that is maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state; or (iv) an individual retirement account under IRC § 408(a) or an individual retirement annuity under IRC § 408(b), except that amounts rolled over may not include nondeductible or after-tax contributions; and (4) either transferred directly to the Retirement Savings Plan or, within 60 days of its receipt, contributed to the Plan by the member. *History: Ord. 14-216* *History: Ord. 20-458* #### § 5-5 Makeup contributions after military leave. Balt., Md., Code art. 22A, § 5-5 (2026) (a) (1) (i) To the extent required by USERRA, a non-hybrid member returning from an unpaid leave of absence on account of military service may make a 1-time irrevocable election to make up all or part of the mandatory employee contributions the member would have been required to make under § 5-2 {“Mandatory contributions by non-hybrid members”} of this subtitle had he or she remained actively employed by a participating employer. (ii) The non-hybrid member’s makeup contribution is based on what the member’s earnable compensation would have been had the member remained actively employed. (2) The election must: (i) be made by filing with the Board of Trustees in the form required by the Board; and (ii) include the amount of mandatory employee contributions that the non-hybrid member wishes to make up and the period (not to exceed the lesser of 3 times the length of the leave of absence or 5 years) over which the contributions will be made. (3) (i) As soon as administratively practicable after the Board receives the non-hybrid member’s election, the Department of Finance will cause the amount of makeup contributions to be deducted from the member’s earnable compensation pro-rata for each payroll period during the period elected (but not beyond the last full payroll period ending on or before the member’s termination of employment with an employer). (ii) As soon as administratively practicable after each amount is deducted, the amount will be credited to the member’s Mandatory Employee Contribution Sub-Account. (4) Makeup contributions made under this subsection will be treated as being “picked up” to the same extent as mandatory employee contributions are treated as being “picked up” under § 5-2I {“Mandatory contributions by non-hybrid members: ‘Picked-up’ Status”} of this subtitle. (b) (1) For each payroll period in which a non-hybrid member elects to make up mandatory employee contributions under subsection (a) of this section, the member’s employer must make a corresponding contribution to the Plan in an amount equal to 80% of the employee’s mandatory employee contribution for that payroll period (as determined under subsection (a) of this section). (2) As soon as administratively practicable after the corresponding contribution is made, the contribution will be credited to the member’s Employer Contribution Sub-Account. (c) (1) For each payroll period in which a member elects to make up voluntary deferrals to the City’s Deferred Compensation Plan, the member’s employer must make a corresponding contribution to the Plan in an amount equal to 50% of the first 2% of compensation deferred by the member as a makeup contribution for that payroll period. (2) As soon as administratively practicable after this corresponding contribution is made, the contribution will be credited to the member’s Employer Contribution Sub-Account. (d) (1) To the extent required by USERRA, the employer of a hybrid member returning from an unpaid leave of absence on account of military service must make an employer contribution to this Plan in an amount equal to the amount the employer would have been required to make, under § 5-3(c) {“Employer contributions: Hybrid members”} of this subtitle, had the retiring member remained actively employed by a participating employer. (2) As soon as administratively practicable after the contribution is made, the contribution will be credited to the hybrid member’s Employer Contribution Sub-Account. *History: Ord. 14-216* #### § 5-6 Maximum annual additions. Balt., Md., Code art. 22A, § 5-6 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) (i) “Annual additions” means the sum of the following amounts credited to a member’s account for the Limitation Year: (A) Mandatory employee contributions made under§ 5-2 {“Mandatory contributions by non-hybrid members”} of this subtitle; and (B) Employer contributions made under§ 5-3 {“Employer contributions”} of this subtitle. (ii) “Annual additions” includes makeup contributions made under § 5-5 {“Makeup contributions after military leave”} of this subtitle for the limitation year to which the contributions relate (not for the limitation year in which the contributions are made). (iii) “Annual additions” does not include rollover contributions made under § 5-4 {“Rollover contributions”} of this subtitle. (3) “Limitation year” means a calendar year. (4) (i) (A) “Section 415 compensation” means wages, within the meaning of IRC § 3401, plus amounts that would be included in wages but for an election under IRC § 125, § 132(f)(4), § 402I(3), § 402(h)(1)(B), § 402(k), or § 457(b), and all other payments of compensation to an employee by a participating employer for which the employer is required to furnish the employee a written statement under IRC § 6041(d), § 6051(a)(3), or § 6052. (B) Section 415 compensation must be determined without regard to any rules under IRC § 3401 that limit the remuneration included in wages based on the nature or location of the employment or the services performed (such as the exception for agricultural labor in IRC § 3401(a)(2)). (C) Section 415 compensation for a limitation year is the Section 415 compensation actually paid or made available in gross income for that limitation year. (ii) “Section 415 compensation” includes the following amounts paid after an employee’s severance from employment with a participating employer, if those amounts would have been included in subparagraph (i) of this paragraph had they been paid before severance and if those amounts are paid to the employee before the later of 2½ months after severance or the end of the calendar year in which the severance becomes effective: (A) regular payments made after severance, if: 1. the payments are: a. compensation for services during the employee’s regular working hours; b. compensation for services outside the employee’s regular working hours (such as overtime or shift differential); or c. commissions, bonuses, or other similar payments; and 2. the payments would have been paid to the employee before severance had the employee continued to be employed by the employer; and (B) payments made after severance for accrued and unused bona fide sick, vacation, or other leave, if the employee would have been able to use that leave had the employee continued to be employed by the employer. (iii) “Section 415 compensation” for a limitation year does not include compensation in excess of the compensation limit applicable to that limitation year under IRC § 401(a)(17). (b) Notwithstanding any other provision of this article, to the extent required under the Internal Revenue Code, the annual additions that are credited to the account of any member in any limitation year may not exceed the lesser of: (1) $40,000, as adjusted by cost-of-living increases under IRC § 415(d); or (2) 100% of the member’s Section 415 compensation for the limitation year. (c) If, for any limitation year, the annual additions that are credited to the account of a member exceed the limitation set forth in subsection (b) of this section, the City must follow any applicable correction methodology authorized by the Internal Revenue service under the Employee Plans Compliance Resolution System (“EPCRS”) or otherwise. *History: Ord. 14-216* #### § 5-7 Compensation limit. Balt., Md., Code art. 22A, § 5-7 (2026) Pursuant to IRC § 401(a)(17) and the regulations adopted under that section, the annual compensation of each member taken into account in determining the amount of contributions under the Retirement Savings Plan may not exceed $200,000, as adjusted by cost-of-living increases under IRC § 415(d). *History: Ord. 14-216* ### Subtitle 6 – Accounts #### § 6-1 Establishment. Balt., Md., Code art. 22A, § 6-1 (2026) (a) (1) A separate account on behalf of each member will be established and maintained under the Retirement Savings Plan. (2) The establishment and maintenance of an account is for bookkeeping purposes only and does not require or permit assets held in any account to be segregated for investment purposes. (b) (1) A member’s account consists of the following sub-accounts: (i) if applicable, a member’s Mandatory Employee Contribution Sub-Account; (ii) an Employer Contribution Sub-Account; and (iii) if applicable, a Rollover Contribution Sub-Account. (2) To each of these sub-accounts: (i) contributions are credited under § 5-2 {“Mandatory contributions by non-hybrid members”}, § 5-3 {“Employer contributions”}, or § 5-4 {“Rollover contributions”} of this article, respectively; (ii) gains and losses are allocated under § 6-2(d) {“Investments: Fund gains and losses”} of this subtitle; and (iii) fees and expenses are charged under§ 6-2(e) {“Investments: Fund fees and expenses”} of this subtitle. *History: Ord. 14-216* #### § 6-2 Investments. Balt., Md., Code art. 22A, § 6-2 (2026) (a) (1) The Board of Trustees must select: (i) 1 or more separate investment funds in which a member may elect to have the member’s account invested; and (ii) a default investment fund for the automatic investment of the account of a member who fails to make an affirmative investment election under subsection (b) of this section. (2) From time to time, the Board may change any or all of the investment funds or the default investment fund. Any change must be communicated to members before its effective date. (b) (1) Each member will be provided a list that identifies the available investment funds (including the default investment fund) when commencing participation in the Retirement Savings Plan. (2) In accordance with procedures established by the Board, each member may affirmatively elect to have the member’s account invested in 1 or more of the listed investment funds. (3) An affirmative investment election remains in effect until the member changes it by making a new election in accordance with the Board’s procedures. A new election revokes all prior elections. (4) As soon as administratively practicable after a member’s affirmative investment election is received, the member’s account must be invested in accordance with that election. (c) Unless and until a member makes an affirmative investment election under subsection (b) of this section, the member is deemed to have made an election to have the member’s account invested automatically in the default investment fund. (d) All gains and losses of an investment fund in which a member’s account is invested will be allocated to that account based on established procedures applied on a uniform and nondiscriminatory basis. (e) All fees charged and expenses incurred by an investment fund in which a member’s account is invested, including servicing fees paid by the investment fund to the Plan’s third-party administrator, will be charged to that account based on established procedures applied on a uniform and nondiscriminatory basis. (f) Neither the City nor the Board of Trustees is liable to a member, a beneficiary, or any other person for any loss resulting from: (1) a member’s affirmative investment election; (2) a member’s failure to make an affirmative investment election; (3) a reasonable delay in implementing an affirmative investment election; or (4) a reasonable delay in implementing a default investment under subsection (c) of this section. (g) Voluntary deferrals made by a member to the City’s Deferred Compensation Plan will be invested in accordance with the member’s affirmative investment election under subsection (b) of this section or the member’s default investment under subsection (c) of this section. *History: Ord. 14-216* *History: Ord. 15-329* #### § 6-3 Valuations. Balt., Md., Code art. 22A, § 6-3 (2026) (a) In this section,”valuation date” means the date, no less frequently than the last day of each calendar quarter, for determining: (1) the fair market value of each investment fund (including the default investment fund); (2) the portion of each member’s account invested in that fund; and (3) the total value of each member’s account. (b) The fair market value of each investment fund, the portion of each member’s account invested in that fund, and the total value of each member’s account will be determined as of each valuation date, based on established procedures applied on a uniform and nondiscriminatory basis. (c) The date as of which a member’s account is valued on a distributable event under Subtitle 9 {“Distributions”} of this article will be determined on the basis of established procedures applied on a uniform and nondiscriminatory basis. *History: Ord. 14-216* #### § 6-4 Periodic statements. Balt., Md., Code art. 22A, § 6-4 (2026) On a periodic basis, but no less frequently than quarterly, a statement showing the value of a member’s account as of the most recent valuation date will be made available to each member. *History: Ord. 14-216* ### Subtitle 7 – Vesting #### § 7-1 Mandatory Employee Contribution Sub-Account. Balt., Md., Code art. 22A, § 7-1 (2026) A member’s Mandatory Employee Contribution Sub-Account is immediately and at all times 100% vested and non-forfeitable. *History: Ord. 14-216* #### § 7-2 Employer Contribution Sub-Account. Balt., Md., Code art. 22A, § 7-2 (2026) A member’s Employer Contribution Sub-Account becomes 100% vested and non-forfeitable on the earliest of: (1) the member’s attainment of normal retirement age; (2) the member’s being credited with 5 years of service; (3) the member’s providing the Board of Trustees with an SSA determination of disability under § 9-3 {“Distributable events – Disability”} of this article; (4) the member’s death while an employee; (5) a permanent discontinuance of contributions or Plan termination under § 11-2 {“Discontinuance of payments; Plan termination”} of this article; or (6) a “partial plan termination”, as defined under applicable law. *History: Ord. 14-216* #### § 7-3 Rollover Contribution Sub-Account. Balt., Md., Code art. 22A, § 7-3 (2026) A member’s Rollover Contribution Sub-Account is immediately and at all times 100% vested and non-forfeitable. *History: Ord. 14-216* ### Subtitle 8 – Forfeitures #### § 8-1 Forfeiture of non-vested Employer Contributions. Balt., Md., Code art. 22A, § 8-1 (2026) The Employer Contribution Sub-Account of a member who terminates employment with a participating employer before that sub-account is vested under § 7-2 {“Vesting: Employer Contribution Sub-Account”} of this article is forfeited as of the date of the member’s termination of employment, unless that member is reemployed by a participating employer within 30 days after termination of employment. *History: Ord. 14-216* *History: Ord. 20-458* #### § 8-2 Forfeiture Account. Balt., Md., Code art. 22A, § 8-2 (2026) Forfeitures under this subtitle will be held in a separate Forfeiture Account for bookkeeping purposes. *History: Ord. 14-216* #### § 8-3 Restoration. Balt., Md., Code art. 22A, § 8-3 (2026) (a) If, following forfeiture of a member’s Employer Contribution Sub-Account, the member provides the Board with an SSA determination of disability under § 9-3 {“Distributable events – Disability”} of this article, the Employer Contribution Sub-Account will be restored out of the Forfeiture Account and distributed, without any adjustment for earnings or losses, to the member. (b) If the Forfeiture Account has insufficient funds to fully restore the Employer Contribution Sub-Account, the appropriate employer must make a contribution in the amount necessary for full restoration. *History: Ord. 14-216* #### § 8-4 Remaining amounts in Forfeiture Account. Balt., Md., Code art. 22A, § 8-4 (2026) (a) After the end of each Plan Year, any amount remaining in the Forfeiture Account after all Employer Contribution Sub-Accounts are restored under § 8-3 {“Restoration”} of this subtitle will be used to defray reasonable Plan administrative expenses. (b) Any amount remaining in the Forfeiture Account after all reasonable Plan administrative expenses are defrayed will be used to reduce the employer contribution required under § 5-3 {“Employer contributions”} of this article for the plan year in which the forfeiture occurred. *History: Ord. 14-216* ### Subtitle 9 – Distributions #### § 9-1 Form and commencement of payment. Balt., Md., Code art. 22A, § 9-1 (2026) (a) (1) On a distributable event under § 9-2 {“Distributable events – Retirement”}, § 9-3 {“Distributable events – Disability”}, or § 9-5 {“Distributable events – Other termination of employment”} of this subtitle, a member may elect to have his or her vested account distributed under 1 of the options described in subsection (b) of this section. (2) The election shall be made by written notice filed with the Board. (3) Subject to § 9-8 {“Minimum distribution rules”}of this subtitle, distribution of a member’s vested account balance shall be paid (in the case of a lump-sum cash payment under subsection (b)(1) of this section) or commence (in the case of installment payments or an annuity contract under subsections (b)(2) or (3) of this section) as soon as administratively practicable after receipt of the written notice required by paragraph (2) of this subsection. (b) Distributions will be made in any 1 of the following forms, as elected by the member: (1) a lump-sum cash payment. (2) (i) Periodic installment payments (monthly, quarterly, or annually) over a fixed period of years, as elected by the member. (ii) Subject to § 9-8 {“Minimum distribution rules”} of this subtitle, the amount payable each year under this option is: (A) the balance of the member’s vested account at the end of the preceding year, multiplied by (B) a fraction, the numerator of which is 1 and the denominator of which is the number of years remaining in the installment payment period. (3) Purchase of a single-premium, nontransferable, immediate or deferred annuity contract that provides one of the following payment options: (i) a single-life annuity under which: (A) the member will receive equal monthly payments during his or her lifetime; and (B) no further benefits will be paid after the member’s death; (ii) a joint and survivor annuity under which: (A) the member will receive equal monthly payments during his or her lifetime; and (B) on the member’s death, monthly payments will be made to the member’s designated beneficiary during the beneficiary’s lifetime, if the beneficiary survived the member; or (iii) a guaranteed annuity under which: (A) the member will receive equal monthly payments during his or her lifetime; and (B) on the member’s death: 1. if the member dies before receiving monthly payments for a guaranteed period of 5, 10, or 15 years, as elected by the member, the member’s designated beneficiary will continue to receive monthly payments for the remainder of the guaranteed period; and 2. if the member dies after receiving monthly payments for at least the guaranteed period, no further benefits will be paid after the member’s death. *History: Ord. 14-216* #### § 9-2 Distributable events – Retirement. Balt., Md., Code art. 22A, § 9-2 (2026) A member who terminates employment on or after the member’s normal retirement age is entitled to receive the value of the member’s: (1) if applicable, Mandatory Employee Contribution Sub-Account; (2) Employer Contribution Sub-Account; and (3) if applicable, Rollover Contribution Sub-Account. *History: Ord. 14-216* #### § 9-2A Distributable events – Transfers. Balt., Md., Code art. 22A, § 9-2A (2026) A member who terminates employment and transfers his or her service to another City retirement plan is entitled to receive the value of the member’s: (1) mandatory employee contribution sub-account; and (2) if applicable, rollover contribution sub-account. *History: Ord. 20-458* #### § 9-3 Distributable events – Disability. Balt., Md., Code art. 22A, § 9-3 (2026) (a) “SSA determination of disability” means a written determination, made by a Social Security Administration’s disability determination service, hearing officer, or administrative law judge, that a member is disabled under the federal Social Security Act. (b) If a member terminates employment as a result of a disability incurred while an employee and provides the Board of Trustees with the SSA determination of disability required by subsection (c) of this section, the member is entitled to receive the value of the member’s: (1) if applicable, Mandatory Employee Contribution Sub-Account; (2) Employer Contribution Sub-Account (determined as of the date the member terminated employment); and (3) if applicable, Rollover Contribution Sub-Account. (c) (1) A member who seeks to receive a distribution of his or her Employer Contribution Sub-Account as a result of a disability must provide the Board of Trustees, in accordance with procedures established by the Board, with an SSA determination of disability no later than 36 months after the member’s termination. (2) If a determination of disability is not provided by that deadline: (i) the member is not eligible to receive the distribution as a result of a disability; but (ii) the member might still be eligible for a distribution of that sub-account under§ 9-2 {“Distributable events – Retirement”} or § 9-5 {“Distributable events – Other termination of employment”} of this subtitle. (d) The final determination of whether a member is eligible to receive a distribution of the member’s Employer Contribution Sub-Account as a result of a disability: (1) is made by the Board of Trustees; and (2) is final and binding on all persons, subject to the rights of appeal and review under § 2-17 {“Administrative appeal”} and § 2-18 {“Judicial and appellate review”} of this article. *History: Ord. 14-216* #### § 9-4 Distributable events – Death. Balt., Md., Code art. 22A, § 9-4 (2026) (a) On the death of a member while an employee (or before receiving a distribution under § 9-2 {“Distributable events – Retirement”}, § 9-3 {“Distributable events – Disability”}, or § 9-5 {“Distributable events – Other termination of employment”} of this subtitle), the member’s beneficiary is entitled to receive, as soon as administratively practicable after the Board of Trustees has determined that the member has died, a lump-sum cash payment in an amount equal to the value of the member’s: (1) if applicable, Mandatory Employee Contribution Sub-Account; (2) Employer Contribution Sub-Account; and (3) if applicable, Rollover Contribution Sub-Account. (b) (1) In accordance with procedures established by the Board, a member may designate a beneficiary to receive death benefits from the Plan. (2) The designation remains in effect until the member changes it by making a new designation in accordance with the Board’s procedures. A new designation revokes all prior designations. (c) To receive a death benefit under this section, the member’s beneficiary must establish to the satisfaction of the Board that the member has died. (d) (1) If the Board determines that a member has died and there is no valid beneficiary designation, or if all designated beneficiaries predecease the member, the member’s account will be paid to the member’s surviving spouse, or, if there is no surviving spouse, to the member’s estate. (2) If the member’s estate would be entitled to receive the death benefit under paragraph (1) of this subsection, but no estate is opened within 1 year of the member’s death, the amount of the death benefit is forfeited and will be applied in accordance with Subtitle 8 {“Forfeitures”} of this article. (e) (1) If any question or dispute arises regarding payment of a death benefit under this section, the Board may: (i) distribute the death benefit to the member’s estate; (ii) retain the death benefit until the Board is satisfied that the right to payment has been finally determined; or (iii) deposit the amount of the death benefit into any court of competent jurisdiction. (2) A determination by the Board under this section is final and binding on all persons, subject to the rights of appeal and review under § 2-17 {“Administrative appeal”} and § 2-18 {“Judicial and appellate review”} of this article. (f) To the extent required by IRC § 401(a)(37), the value of a member’s account payable to the beneficiary of a member who dies while performing “qualified military service”, as defined in IRC § 414(u)(5), will be determined as if the member died while an active employee. *History: Ord. 14-216* *History: Ord. 15-329* *History: Ord. 20-458* #### § 9-5 Distributable events – Other termination of employment. Balt., Md., Code art. 22A, § 9-5 (2026) If a member terminates employment before the member’s normal retirement age and not as a result of disability or death, the member is entitled to receive the following: (1) if applicable, the value of the member’s Mandatory Employee Contribution Sub-Account and Rollover Contribution Sub-Account; and (2) if vested under § 7-2 {“Vesting: Employer Contribution Sub-Account”} of this article, the value of the member’s Employer Contribution Sub-Account. *History: Ord. 14-216* #### § 9-6 No loans or withdrawals. Balt., Md., Code art. 22A, § 9-6 (2026) No loan against nor in-service withdrawal from any part of a member’s account is permitted. *History: Ord. 14-216* #### § 9-7 Direct rollovers. Balt., Md., Code art. 22A, § 9-7 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Distributee” means: (i) an employee or former employee; (ii) the employee’s or former employee’s spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in IRC § 414(p), with regard to the interest of the spouse or former spouse; or (iii) the employee’s or former employee’s nonspouse designated beneficiary, if the direct rollover is made to an individual retirement account or annuity (“IRA”) under IRC § 408(a) or § 408(b) that: (A) is established on behalf of the designated beneficiary; and (B) is treated as an inherited IRA under IRC § 402(c)(11). (3) “Eligible retirement plan” means any of the following that accepts a distributee’s eligible rollover distribution: (i) an individual retirement account under IRC § 408(a); (ii) an individual retirement annuity under IRC § 408(b); (iii) a qualified plan under IRC § 401(a); (iv) an annuity plan under IRC § 403(a); (v) an eligible deferred compensation plan under IRC § 457(b) that is maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and that agrees to separately account for amounts transferred from the Retirement Savings Plan; (vi) an annuity contract described in IRC § 403(b); and (vii) a Roth IRA described in IRC § 408A. (4) (i) “Eligible rollover distribution” means any distribution of all or any portion of the balance to the credit of the distributee. (ii) “Eligible rollover distribution” does not include: (A) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee’s designated beneficiary, or for a specified period of 10 years or more; (B) any distribution to the extent that it is required under IRC § 401(a)(9); (C) any distribution that is made on account of hardship; and (D) subject to subparagraph (iii) of this paragraph, the portion of any distribution that is not includible in gross income. (iii) (A) Notwithstanding subparagraph (ii)(D) of this paragraph, a portion of a distribution does not fail to be an “eligible rollover distribution” merely because the portion consists of after-tax employee contributions that are not includible in gross income. (B) Sub-subparagraph (A) of this subparagraph applies only if the portion is transferred to: 1. a traditional individual retirement account or annuity under IRC § 408(a) or § 408(b) or a Roth individual retirement account or annuity under IRC § 408A; or 2. a qualified plan under IRC § 401(a) or § 403(a) or an annuity contract under IRC§ 403(b), if the plan or contract provides for: a. separate accounts for amounts so transferred (including earnings on the transferred amounts); and b. separate accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible. (b) Notwithstanding any provision of this article that would otherwise limit a distributee’s election under this section, a distributee may elect, at the time and in the manner directed by the Board of Trustees, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. *History: Ord. 14-216* #### § 9-8 Minimum distribution rules. Balt., Md., Code art. 22A, § 9-8 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Designated beneficiary” means the individual who is designated by the member (or the member’s surviving spouse) as the beneficiary of the member’s interest under the Plan and who is the designated beneficiary under IRC § 401(a)(9) and 26 CFR § 1.401(a)(9)-4. (3) (i) “Distribution calendar year” means a calendar year for which a minimum distribution is required. (ii) For distributions beginning before the member’s death, the first distribution calendar year is the calendar year immediately preceding the calendar year that contains the member’s required beginning date. (iii) The required minimum distribution for the member’s first distribution calendar year will be made on or before the member’s required beginning date. (iv) The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the member’s required beginning date occurs, will be made on or before December 31 of that distribution calendar year. (4) “Life expectancy” means life expectancy as computed by use of the Single Life Table in 26 CFR 1.401(a)(9)-9, Q&A-1. (5) (i) “Member’s account balance” means: (A) the account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year), increased by (B) the amount of any contributions made and allocated or forfeitures allocated to the account as of dates in the valuation calendar year after the valuation date, and decreased by (C) distributions made in the valuation calendar year after the valuation date. (ii) The account balance for the valuation calendar year includes any amounts rolled over or transferred to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year. (6) “Required beginning date” means April 1 of the calendar year following the calendar year in which the member attains age 70½. (b) Notwithstanding any other provision of this section, distributions under this article must be made in accordance with a reasonable good faith interpretation of IRC § 401(a)(9), as applicable to the Retirement Savings Plan. (c) As of the first distribution calendar year, distributions to a member, if not made in a lump-sum, may only be made over 1 of the following periods: (1) the life of the member; (2) the joint lives of the member and a designated beneficiary; (3) a period certain not extending beyond the life expectancy of the member; or (4) a period certain not extending beyond the joint life and last survivor expectancy of the member and a designated beneficiary. (d) (1) The member’s entire interest must be distributed to the member no later than the April 1 of the calendar year following the later of: (i) the calendar year in which the member attains age 70½; or (ii) the calendar year in which the member terminates employment with a participating employer. (2) If the member dies before distribution is made, the member’s entire interest must be distributed no later than December 31 of the calendar year in which the 5th anniversary of the member’s death occurs. (3) (i) As of the first distribution calendar year, unless a member’s interest is distributed on or before the required beginning date in the form of an annuity purchased from an insurance company or in a lump-sum, distributions must be made in accordance with subsections (e) and (f) of this section. (ii) If the member’s interest is distributed in the form of an annuity purchased from an insurance company, distributions under the annuity must be made in accordance with a reasonable good-faith interpretation of IRC § 401(a)(9). (e) (1) During a member’s lifetime, the minimum amount that must be distributed for each calendar year is the lesser of: (i) the quotient obtained by dividing the member’s account balance by the distribution period in the Uniform Lifetime Table set forth in 26 CFR § 1.401(a)(9)-9, Q&A-2, using the member’s age as of the member’s birthday in the distribution calendar year; or (ii) if the member’s sole designated beneficiary for the distribution calendar year is the member’s spouse, the quotient obtained by dividing the member’s account balance by the number in the Joint and Last Survivor Table set forth in 26 CFR § 1.401(a)(9)-9, Q&A-3, using the member’s and spouse’s attained ages as of the member’s and spouse’s birthdays in the distribution calendar year. (2) Required minimum distributions must be determined under this subsection beginning with the first distribution calendar year and continuing up to, and including, the distribution calendar year that includes the member’s date of death. (f) (1) If a member dies on or after the date distributions begin and there is a designated beneficiary, the minimum amount that must be distributed for each distribution calendar year after the year of the member’s death is the quotient obtained by dividing the member’s account balance by the longer of the remaining life expectancy of the member or the remaining life expectancy of the member’s designated beneficiary, determined as follows: (i) The member’s remaining life expectancy is calculated by using the age of the member in the year of death, reduced by one for each subsequent year. (ii) If the member’s surviving spouse is the member’s sole designated beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the member’s death by using the surviving spouse’s age as of the spouse’s birthday in that year. For distribution calendar years after the year of the surviving spouse’s death, the remaining life expectancy of the surviving spouse is calculated by using the age of the surviving spouse as of the spouse’s birthday in the calendar year of the spouse’s death, reduced by one for each subsequent calendar year. (iii) If the member’s surviving spouse is not the member’s sole designated beneficiary, the designated beneficiary’s remaining life expectancy is calculated using the age of the beneficiary in the year following the year of the member’s death, reduced by one for each subsequent year. (2) If a member dies on or after the date distributions begin and there is no designated beneficiary as of September 30 of the year after the year of the member’s death, the minimum amount that must be distributed for each distribution calendar year after the year of the member’s death is the quotient obtained by dividing the member’s account balance by the member’s remaining life expectancy, calculated by using the age of the member in the year of death, reduced by one for each subsequent year. *History: Ord. 14-216* #### § 9-9 Distribution of small account balances. Balt., Md., Code art. 22A, § 9-9 (2026) If a member experiences a distributable event under § 9-2 {“Distributable events – Retirement”}, § 9-3 {“Distributable events – Disability”}, § 9-4 {“Distributable events – Death”} or § 9-5 {“Distributable events – Other termination of employment”}, and if the member’s total vested account balance on the date of the event is less than $1,000, then the total vested account balance will automatically be distributed to the member (or the member’s beneficiary) without the member (or beneficiary) applying as soon as administratively practicable after 90 days following the distributable event. *History: Ord. 20-458* ### Subtitle 10 – Anti-Alienation Provisions #### § 10-1 Prohibited assignments, attachments, etc. Balt., Md., Code art. 22A, § 10-1 (2026) Except as otherwise expressly provided in §§ 10-3 {“Exceptions – General applicability”} through 10-10 {“Exceptions – Funeral expenses”} of this subtitle: (1) all current and future benefits provided under the Retirement Savings Plan and all amounts that have been credited to a member’s account are unassignable; and (2) no person may attach, execute, garnish, or otherwise seize any current or future benefit provided under the Retirement Savings Plan or any amount that has been credited to a member’s account. *History: Ord. 14-216* #### § 10-2 Balt., Md., Code art. 22A, § 10-2 (2026) Reserved #### § 10-3 Exceptions – General applicability. Balt., Md., Code art. 22A, § 10-3 (2026) Subject to the requirements of § 10-12 {“Notice to Board”} of this subtitle, the exceptions provided in §§ 10-4 {“Exceptions - Court orders”} through 10-10 {“Exceptions – Funeral expenses”} apply notwithstanding § 10-1 {“Prohibited assignments, attachments, etc.”} of this subtitle. *History: Ord. 14-216* #### § 10-4 Exceptions – Court orders. Balt., Md., Code art. 22A, § 10-4 (2026) (a) All or any portion of a member’s vested account may be assigned pursuant to: (1) a decree or order of alimony or child support issued by a court of competent jurisdiction; (2) a court order issued by a court of competent jurisdiction appointing the assignee as guardian over the property of the member; or (3) a domestic relations order, as defined in subsection (b) of this section. (b) (1) In this section, “domestic relations order” means either of the following that satisfies the conditions of paragraph (2) of this subsection: (i) a member’s court-approved property settlement agreement incident to a divorce decree; or (ii) a division of marital property pursuant to a court order that: (A) creates the right or recognizes the existence of the right of an alternate payee (as defined in IRC § 414(p)(8)) to receive all or a portion of a member’s benefit under the Retirement Savings Plan; or (B) assigns to an alternate payee the right to receive all or a portion of a member’s benefit under the Plan. (2) The property settlement agreement or court order: (i) may not require the Plan to make any distribution to the alternate payee in a form of payment other than as required by § 9-1 {“Form of payment”} of this article; (ii) may not require the Plan to provide to the alternate payee an amount greater than the value of the member’s vested account; (iii) may not require the payment of benefits to an alternate payee if the benefits are required to be paid to another alternate payee under another order previously accepted as a domestic relations order; (iv) must clearly specify the percentage or amount of the member’s vested account to be distributed to the alternate payee or the manner in which the percentage or amount is to be determined; and (v) must clearly specify (or, to protect the parties’ privacy, require submission by separate writing of) the name, Social Security number, birth date, and last known mailing address of the member and the alternate payee. (3) Following a determination by the Board of Trustees that a property settlement agreement or court order is a domestic relations order: (i) a separate account must be established and maintained on behalf of the alternate payee; (ii) the alternate payee must be afforded the same rights with respect to the account as a member has under this article, including the right to make an investment election under § 6-2 {“Investments”} of this article; and (iii) distributions to the alternate payee must be made at the time specified in the domestic relations order, which may be before the member (to whom the domestic relations order relates) has a distributable event under Subtitle 9 {“Distributions”} of this article. *History: Ord. 14-216* #### § 10-5 Exceptions – Tax liens. Balt., Md., Code art. 22A, § 10-5 (2026) All or any portion of a member’s vested account may be paid in satisfaction of a federal or state tax lien. *History: Ord. 14-216* #### § 10-6 Exceptions – Powers of attorney. Balt., Md., Code art. 22A, § 10-6 (2026) The amount otherwise due a member or beneficiary may be paid to the member’s or beneficiary’s attorney-in-fact, as agent of the member or beneficiary, if the member or beneficiary has properly designated the attorney-in-fact to act as agent under a duly-executed durable power of attorney. *History: Ord. 14-216* #### § 10-7 Exceptions – Custodian under Uniform Transfers to Minors Act. Balt., Md., Code art. 22A, § 10-7 (2026) The amount otherwise due a minor beneficiary may be paid to a custodian validly appointed for the minor under the Maryland Uniform Transfers to Minors Act (State Estates and Trusts Article, Title 13, Subtitle 3) or similar provisions of another jurisdiction. A “minor beneficiary” is a beneficiary who has not attained age 22. *History: Ord. 14-216* *History: Ord. 20-459* #### § 10-8 Exceptions – Trustee. Balt., Md., Code art. 22A, § 10-8 (2026) The amount otherwise due a member or beneficiary may be paid to the member’s or beneficiary’s trustee, if the trustee was designated trustee of the member or beneficiary under an enforceable inter vivos or testamentary trust agreement. *History: Ord. 14-216* #### § 10-9 Exceptions – Representative payee. Balt., Md., Code art. 22A, § 10-9 (2026) The amount otherwise due a member or beneficiary may be paid to the member’s or beneficiary’s Social Security “representative payee” pursuant to the Social Security Act, 42 U.S.C. § 405(j). *History: Ord. 14-216* #### § 10-10 Exceptions – Funeral expenses. Balt., Md., Code art. 22A, § 10-10 (2026) All or any portion of a member’s vested account that is payable on account of a member’s death may be paid to a funeral establishment providing funeral services to the deceased member, if the member’s beneficiary files with the Board of Trustees, in the form required by the Board, the beneficiary’s consent to that payment. *History: Ord. 14-216* #### § 10-11 Balt., Md., Code art. 22A, § 10-11 (2026) Reserved #### § 10-12 Notice to Board. Balt., Md., Code art. 22A, § 10-12 (2026) An assignment under §§ 10-4 {“Exceptions – Court orders”} through 10-10 {“Exceptions – Funeral expenses”} of this subtitle may be made only after the Board of Trustees receives: (1) a copy, as appropriate, of the court order or decree, notice of tax lien, power of attorney, custodial designation, trust document, certification of representative payee, or consent to assignment to funeral establishment; and (2) any additional documents or information that the Board requires. *History: Ord. 14-216* #### § 10-13 Balt., Md., Code art. 22A, § 10-13 (2026) Reserved #### § 10-14 Fraud or misuse. Balt., Md., Code art. 22A, § 10-14 (2026) If the Board, the Social Security Administration, or a court of competent jurisdiction determines that any amount paid under §§ 10-4 {“Exceptions – Court orders”} through 10-10 {“Exceptions – Funeral expenses”} of this subtitle was obtained by fraud or misused, the Board must take all necessary steps to recover that amount. *History: Ord. 14-216* ### Subtitle 11 – Plan Modifications #### § 11-1 Plan amendment. Balt., Md., Code art. 22A, § 11-1 (2026) (a) Subject to the limitations of subsection (b) of this section, the Mayor and City Council of Baltimore reserves the right, at any time by ordinance, to amend any provision of this article. (b) Notwithstanding subsection (a) of this section, no amendment may cause any vested contributions made before the amendment’s effective date to become forfeitable. *History: Ord. 14-216* #### § 11-2 Discontinuance of payments; Plan termination. Balt., Md., Code art. 22A, § 11-2 (2026) (a) In general. The Mayor and City Council reserves the right, at any time by ordinance, to permanently discontinue contributions to the Plan or to terminate the Plan. (b) On the effective date of a permanent discontinuance of contributions or a Plan termination, and notwithstanding any other provision of this article: (1) no person who is not already a member may become a member; (2) no further contributions may be made to the Plan; and (3) the Employer Contribution Sub-Account of any member that is not already 100% vested and non-forfeitable becomes 100% vested and non-forfeitable. (c) As soon as administratively practicable after the effective date of a permanent discontinuance of contributions or a Plan termination, the value of each member’s account must be paid to the member in a lump-sum cash payment. *History: Ord. 14-216* #### § 11-3 Plan merger, consolidation, or transfer. Balt., Md., Code art. 22A, § 11-3 (2026) In the case of a merger or consolidation of the Retirement Savings Plan with, or a transfer of Plan assets or liabilities to, any other plan, each member of the Retirement Savings Plan is entitled to receive, immediately after the merger, consolidation, or transfer (as if the other plan had then terminated), a benefit that is equal to or greater than the benefit the member would have been entitled to receive immediately before the merger, consolidation, or transfer (as if the Retirement Savings Plan had then terminated). *History: Ord. 14-216* ## Article 23 – Sanitation ### Subtitle 1 – Definitions; General Provisions #### § 1-1 Definitions. Balt., Md., Code art. 23, § 1-1 (2026) (a) In this article, the following terms have the meaning indicated. (b) “Director” means the Director of Public Works or the Director’s designee. (c) (1) “Mixed refuse” means, except as specified in paragraph (3) of this subsection, putrescible and non-putrescible solid waste. (2) “Mixed refuse” includes: (i) kitchen discards, residue, and other food wastes; (ii) rubbish; (iii) yard sweepings and yard waste; (iv) plastic and glass products; (v) ferrous and non-ferrous metals; (vi) paper products; (vii) textiles; (viii) rubber products; and (ix) inorganic materials, such as soaps, detergents, and other household cleaners in solid form. (3) “Mixed refuse” does not include: (i) hazardous waste; (ii) liquid wastes; (iii) industrial and manufacturing wastes; (iv) construction materials; (v) concrete; (vi) lumber; (vii) large rocks; (viii) automotive fluids; (ix) herbicides, pesticides, and fungicides; (x) solvents; (xi) electronics; (xii) “white goods”; and (xiii) other similar materials. (d) (1) “Recyclable materials” means materials designated by the Director of Public Works for separate collection by the Department for processing and return to the market place in the form of raw materials or products. (2) Materials designated by the Director shall include, at a minimum: (i) non-food-contaminated paper and cardboard; (ii) emptied food containers made of aluminum, steel, or tin; (iii) bottles and jars made of clear-, brown-, or green-colored glass; and (iv) appropriate grades of plastic bottles and jars. (e) (1) “Yard waste” means, except as specified in paragraph (3) of this subsection, compostable vegetative matter that is the byproduct of lawn care and gardening activities. (2) “Yard waste” includes: (i) grass clippings; (ii) plants and weeds; (iii) leaves; (iv) shrub trimmings; and (v) except as specified in paragraph (3) of this subsection, tree trimmings. (3) “Yard waste” does not include: (i) soil; (ii) tree trunks; or (iii) tree branches that are more than 4 inches in diameter or 3 feet in length. *History: Ord. 09-175* #### § 1-2 Balt., Md., Code art. 23, § 1-2 (2026) Reserved Comment: For the Code-wide standard uses of mandatory terms (“must” and “shall”), prohibitory terms (“may not”, “must not”, and “no ... may”), and permissive terms (“may”). #### § 1-3 Balt., Md., Code art. 23, § 1-3 (2026) Reserved #### § 1-4 Public Works to provide sanitation services. Balt., Md., Code art. 23, § 1-4 (2026) (a) The Director of Public Works has charge of the following services, as authorized or required to be done by the City: (1) the cleaning of the public streets, lanes, and alleys; and (2) the collection and removal of mixed refuse and recyclable materials. (b) For premises that receive collection services, the Director of Public Works shall provide for: (1) the collection of mixed refuse once a week; and (2) the collection of recyclable materials once a week. *History: Ord. 1882-006* *History: Ord. 1887-021* *History: Ord. 10-478* *History: Ord. 48-402* *History: Ord. 76-144* *History: Ord. 09-175* #### § 1-5 Rules and regulations. Balt., Md., Code art. 23, § 1-5 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Public Works may adopt rules and regulations to carry out this article. *History: Ord. 09-175* *History: Text Conformed 02/23/21* #### § 1-6 Balt., Md., Code art. 23, § 1-6 (2026) Reserved #### § 1-7 Use of hydrants. Balt., Md., Code art. 23, § 1-7 (2026) The Director of Public Works may use the water from fire hydrants in order to flush the gutters, streets, lanes, and alleys of the City. *History: Ord. 1880-102* *History: Ord. 48-400* *History: Ord. 76-144* *History: Ord. 09-175* ### Subtitle 2 – Mixed Refuse Handling and Collection #### § 2-1 Receptacles. Balt., Md., Code art. 23, § 2-1 (2026) In all places where mixed refuse is accumulated, a sufficient number of receptacles to contain the mixed refuse between collections must be provided and maintained as specified in the City Property Maintenance Code. *History: Ord. 49-955* *History: Ord. 02-475* *History: Ord. 09-175* #### § 2-2 Handling. Balt., Md., Code art. 23, § 2-2 (2026) (a) Occupants of any dwelling, including any multiple-family dwelling, and the proprietor of any boarding house, hotel, restaurant, and other place where mixed refuse is accumulated must place the mixed refuse into a receptacle provided for that purpose, as required by § 2-1 of this subtitle. (b) Each of these persons must: (1) keep the receptacle covered continually, except when it is being filled or emptied; and (2) place the receptacle: (i) in a position that is easily accessible to the collector; or (ii) otherwise in the manner and at time designated by the Director of Public Works. (c) All mixed refuse must be kept as dry as practicable. *History: Ord. 16-138* *History: Ord. 19-564* *History: Ord. 49-955* *History: Ord. 76-144* *History: Ord. 09-175* #### § 2-3 Collections. Balt., Md., Code art. 23, § 2-3 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Condominium or cooperative” means: (i) a condominium regime formed under the Maryland Condominium Act, State Real Property Article Title 11; or (ii) a cooperative housing corporation formed under the Maryland Cooperative Housing Corporation Act, State Corporations and Associations Article, Title 5, Subtitle 6B. (b) The Director of Public Works must collect all mixed refuse, recyclable materials, and yard waste from all dwellings, including multiple-family dwellings, and from all boarding houses, hotels, restaurants, hospitals, and other places where mixed refuse is accumulated, subject to the quantity limitations specified in this section. (c) For each designated collection day, the amount to be collected from each place is: (1) for mixed refuse, limited to 96 gallons; and (2) for recyclable materials and yard waste, if bundled or contained separately from mixed refuse, unlimited. (d) (1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Public Works shall adopt rules and regulations for granting exceptions from the quantity limitations specified in subsection (c) of this section for single-family dwellings whose occupants demonstrate an inability to meet those limitations. However, the total amount of mixed refuse to be allowed under an exception may not exceed 160 gallons. (2) (i) The limitations specified in subsection (c) of this section may be exceeded by the Director of Public Works for condominiums, cooperatives, and other multiple-family dwellings, other than apartment structures originally built as apartment structures, if the Director is authorized to do so by the Board of Estimates, based on considerations of public health, safety, and welfare. (ii) Before requesting authorization to collect mixed refuse from a condominium or cooperative, the Director must: (A) receive a written request for those services; (B) receive documentation that a majority of the units in the condominium or cooperative are owner-occupied as a primary residence; (C) have a right-of-entry agreement with the condominium or cooperative; (D) approve a feasible means to collect mixed refuse from the condominium or cooperative; and (E) approve a feasible means to collect recyclable materials from the condominium or cooperative. (iii) To continue collecting mixed refuse and recyclable materials from a condominium or cooperative, the Director must receive biennial documentation that the majority of the units are owner-occupied as a primary residence. *History: Ord. 49-955* *History: Ord. 53-578* *History: Ord. 66-872* *History: Ord. 76-144* *History: Ord. 88-176* *History: Ord. 09-175* *History: Text Conformed 02/23/21* #### § 2-4 Mixing ashes, plaster, soil prohibited. Balt., Md., Code art. 23, § 2-4 (2026) (a) It is unlawful to place or cause to be placed with mixed refuse any ashes, plaster, or yard or garden soil. (b) If a mixture of this sort is found in any receptacle, the occupant of the premises must separate the ashes, plaster, and yard or garden soil from the other contents. *History: Ord. 19-564* *History: Ord. 49-955* *History: Ord. 09-175* #### § 2-5 Balt., Md., Code art. 23, § 2-5 (2026) Reserved #### § 2-6 Penalties. Balt., Md., Code art. 23, § 2-6 (2026) (a) Any person who violates a provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 60 days or both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 09-175* ### Subtitle 3 ### Subtitle 4 – Receptacles on Collection Days #### § 4-1 General prohibition. Balt., Md., Code art. 23, § 4-1 (2026) Except as specifically provided in this subtitle, no person may have, keep, or maintain on any street, lane, alley, sidewalk, or other public place in the City, any box, bin, barrel, or other receptacle for the reception of mixed refuse, litter, or rubbish of any sort. *History: Ord. 48-473* *History: Ord. 99-548* *History: Ord. 09-175* #### § 4-2 Placement for collection. Balt., Md., Code art. 23, § 4-2 (2026) To facilitate the removal of mixed refuse on a designated collection day, the occupant of any premises may, at the time and in the manner specified in this article and the City Property Maintenance Code: (1) place suitable receptacles containing the mixed refuse on a sidewalk or along an alley: (i) in the rear of the premises; or (ii) if the rear is not accessible to the collection vehicle, in front or on the side of the premises; and (2) allow the receptacles to remain until the mixed refuse has been collected. *History: Ord. 48-473* *History: Ord. 99-548* *History: Ord. 09-175* #### § 4-3 Balt., Md., Code art. 23, § 4-3 (2026) Reserved #### § 4-4 Penalties. Balt., Md., Code art. 23, § 4-4 (2026) (a) Any person who violates a provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 60 days or both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 09-175* ### Subtitle 5 ### Subtitle 6 – Markets #### § 6-1 Receptacles required. Balt., Md., Code art. 23, § 6-1 (2026) All occupants of stalls in the City markets must: (1) place all vegetable and animal offal or refuse, paper, and other refuse in receptacles or containers; and (2) place the receptacles or containers near the stalls or in places designated by the Market Master. *History: Ord. 20-375* *History: Ord. 42-736* *History: Ord. 50-1120* *History: Ord. 99-548* #### § 6-2 Prohibited littering. Balt., Md., Code art. 23, § 6-2 (2026) No person may throw foodstuffs, garbage, trash, paper, or other refuse on any street running through or bordering on any of the City markets. *History: Ord. 42-736* *History: Ord. 50-1120* *History: Ord. 99-548* ### Subtitle 7 ### Subtitles 8 to 10 ### Subtitle 11 – Solid Waste Surcharges #### § 11-1 Definitions. Balt., Md., Code art. 23, § 11-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Approved recycling facility” means a City-owned recycling facility or a private recycling facility so certified by the Director of Public Works, which processes material into a form or forms for reuse and for which an end user exists. (2) The facility need not be located in the City but it must be certified by the Director, at least semi-annually, as a facility which is not a final disposal site or a transfer station to a final disposal site. (c) (1) “Disposal”, “dispose”, or “disposed” means the complete and ultimate placement of solid waste in a landfill, incinerator, or waste-to-energy facility. (2) “Disposal”, “dispose”, or “disposed” does not include the handling of solid waste at a transfer station or other processing facility where solid waste is not completely and ultimately placed in a landfill, incinerator, or waste-to-energy facility. (d) (1) “Hauler” means any person who contracts to provide services for collecting or transporting solid waste to a disposal site. (2) For the purposes of this subtitle, “hauler” also means any person with a valid demolition permit issued by the Commissioner of Housing and Community Development. (e) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person”also includes a governmental entity or an instrumentality or unit of a governmental entity. (f) “Recyclable materials” means materials: (1) not destined for final disposal and for which an end user exists; (2) which would otherwise become solid waste for disposal in a solid waste acceptance facility; and (3) are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. (g) “Residue” means the material (including, but not limited to, fly ash, bottom ash, and siftings) remaining after the processing of solid waste and after removal of any recyclable materials. (h) (1) “Self hauler” means any person who collects, transports, and disposes of solid waste generated by that person. (2) “Self hauler” does not include any person occupying residential property who collects, transports, and disposes of solid waste resulting from the residential use of such property. (i) (1) “Solid waste” means garbage, rubbish, refuse, hazardous waste, asbestos, medical waste, rubble, incinerator ash, ash, trash, and other material generated by commercial, industrial, institutional, and residential establishments. (2) “Solid waste” does not include: (i) significant pollutants, such as silt or sediment in water resources; (ii) any recyclable materials; or (iii) residue from a waste-to-energy facility. (j) “Solid waste acceptance facility” means any: (1) sanitary landfill; (2) transfer facility; (3) central processing facility; (4) incinerator; (5) medical/pathological waste incinerator; (6) waste-to-energy facility; or (7) any other type of facility that accepts solid waste for disposal, treatment, processing, composting, compacting, or transfer to a solid waste acceptance facility. (k) “Solid waste generator” means any person engaged in an enterprise which generates solid waste requiring collection and hauling to a disposal site. *History: Ord. 91-757* *History: Ord. 91-784* *History: Ord. 20-366* *History: Ord. 22-125* #### § 11-2 Haulers disposal surcharge. Balt., Md., Code art. 23, § 11-2 (2026) Reserved (a) Except as otherwise provided in § 11-7 {“Exemptions”} of this subtitle, there is a solid waste hauler disposal surcharge imposed on every hauler or solid waste generator who disposes of or causes to be disposed any solid waste in Baltimore City. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, the solid waste hauler disposal surcharge is levied at a rate of $7.50 per ton of solid waste, as determined by the actual weight obtained from the scales located at the solid waste acceptance facility. (2) The Board of Estimates shall establish an appropriate differential surcharge for small haulers licensed under Title 7, Subtitle 2, of the City Health Code. (c) The solid waste hauler disposal surcharge shall be paid by the hauler and collected by the operator at the solid waste acceptance facility for each ton of solid waste that is disposed in Baltimore City. *History: Ord. 91-757* *History: Ord. 04-672* *History: Ord. 20-366* #### § 11-3 Recycling incentive surcharge. Balt., Md., Code art. 23, § 11-3 (2026) Reserved (a) There is hereby imposed a recycling incentive surcharge on every solid waste generator in Baltimore City. (b) (1) The recycling incentive surcharge is levied at a rate set by the Board of Estimates at a rate recommended by the Director of Finance which would yield substantially the same revenue as the solid waste hauler disposal surcharge provided for in § 11-2 above as a percentage of the total bill presented by a hauler to the solid waste generator for payment. (2) The total bill: (i) shall include costs for service, including equipment disposal charges, and applicable taxes; and (ii) shall not include any charges for the collection, processing, transporting, and disposition of recyclable materials. (c) (1) A solid waste generator who is a self hauler is subject to the payment of the recycling incentive surcharge. (2) The surcharge rate shall be applied to the lesser of: (i) 2 times the amount charged by the solid waste acceptance facility; or (ii) all customary and usual expenses actually incurred by the self hauler as documented on a form provided by the Director. (3) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director shall adopt such rules, standards, or guidelines to determine the expenses incurred by the self hauler provided for in this subsection. (c-1) The Board of Estimates shall establish an appropriate differential surcharge for small haulers licensed under Title 7, Subtitle 2, of the City Health Code. (d) Any hospital generating solid waste for delivery to a solid waste acceptance facility shall pay a recycling incentive surcharge at a rate of $7.50 per ton. (e) The recycling incentive surcharge: (1) shall be paid by the solid waste generator and collected by the hauler; or (2) shall be paid directly to the Director of Finance by the solid waste generator when self-hauling. (f) Proposed demolition by self-hauler. (1) Any self-hauling generator obtaining a demolition permit shall, 30 days before the demolition begins, estimate the expenses to be incurred, based on the number of loads of demolition debris, the cost of transporting such debris to a disposal site, and the price charged at the disposal site and shall prepay the recycling incentive surcharge. (2) After completion of the hauling of the demolition debris, the contractor may present to the Finance Department receipts from an approved recycling facility and will be refunded that portion of the prepaid surcharge for which receipts prove the materials have been recycled. *History: Ord. 91-757* *History: Ord. 04-672 Text Conformed 02/23/21* #### § 11-4 Collections. Balt., Md., Code art. 23, § 11-4 (2026) (a) Commencing on August 25, 1991, with regard to the charge for the surcharges for services rendered during July, 1991, and continuing on the 25th day of each successive calendar month thereafter, every hauler, self hauler, and solid waste acceptance facility shall remit all applicable surcharges due under this subtitle to the Director for the services rendered during the preceding calendar month. (b) Each monthly remittance shall be: (1) on the forms prescribed by the Director of Finance; and (2) accompanied by such other information as may be necessary to fully collect the surcharge imposed by this subtitle. *History: Ord. 91-757* #### § 11-5 Records. Balt., Md., Code art. 23, § 11-5 (2026) (a) (1) Pursuant to the Ordinance adopting this subtitle, it shall be the duty of every hauler, self hauler, solid waste generator, and solid waste acceptance facility subject to the provisions of this subtitle to keep and preserve, for a period of 4 years, such suitable records as may be necessary to determine the amount of such surcharges for which that person may be liable. (2) Among the records necessary are: (i) schedules and locations of disposal and collection; (ii) amount charged to each customer; and (iii) any other records determined by the Director of Finance to be necessary to the proper oversight of the surcharges. (b) Every hauler and self-hauling solid waste generator shall keep records and receipts relating to the final destination of recyclable materials that were transferred. (c) The Director or the Director’s agent shall have the right to inspect these records during regular business hours. (d) If any person fails to keep records from which the surcharge imposed by this subtitle may be accurately computed, the Director of Finance may make use of a factor developed by surveying other operators of a similar type, or otherwise, compute the amount of surcharge due, and this computation shall be prima fade correct. (e) Recyclable materials which are taken to a non-approved facility are not exempt from the recycling incentive surcharge. *History: Ord. 91-757* #### § 11-6 Sale, etc., of business. Balt., Md., Code art. 23, § 11-6 (2026) Whenever any person required to pay a surcharge hereunder ceases doing business or otherwise disposes of his or her business: (1) any monies due hereunder shall immediately become due and payable; and (2) that person shall within 3 days of cessation or disposition of the business submit the required receipts and remit the total mount of the surcharge due. *History: Ord. 91-757* #### § 11-7 Exemptions. Balt., Md., Code art. 23, § 11-7 (2026) (a) (1) The City of Baltimore and any authorized agents of the City, and Baltimore County or any authorized agents of the County are exempted from any solid waste surcharge. (2) The Water and Waste Water Enterprise Fund of Baltimore City is not exempt from any solid waste surcharge. (b) Solid waste from harbor area clean-up activity normally delivered to a solid waste acceptance facility owned and operated by the City of Baltimore, by the Maryland Port Authority, is exempt from the solid waste hauler disposal surcharge. (c) Any solid waste hauled from a nonprofit organization (as defined in § 11-204(a)(3) and (d) of the State Tax-General Article) certified as to its nonprofit status by the Director of Finance, which is otherwise exempt from disposal fees charged by a solid waste acceptance facility which generally charges haulers disposal fees for acceptance of their solid waste, shall not be subject to the solid waste hauler disposal surcharge only with regard to disposal at such solid waste disposal acceptance facility. (d) Neighborhood improvement associations are exempted from the solid waste hauler disposal surcharge for solid waste (described in agreements between the neighborhood association and the City of Baltimore in an agreement approved by the Board of Estimates) delivered by the neighborhood association to solid waste acceptance facilities owned and operated by the City of Baltimore. (e) Loads under 1 ton delivered to solid waste acceptance facilities owned and operated by the City of Baltimore shall be exempted from the solid waste hauler disposal surcharge. (f) Solid waste that is destined for final disposal outside of Baltimore City is exempted from any surcharge imposed by this subtitle. *History: Ord. 91-757* *History: Ord. 94-401* *History: Ord. 20-366* #### § 11-8 Interest and penalties. Balt., Md., Code art. 23, § 11-8 (2026) Whenever any person required to pay a surcharge hereunder fails to collect and/or remit to the Director of Finance the surcharge imposed by this subtitle within the time limited therefor, that person shall be assessed by the Director of Finance: (1) the amount of the surcharge due; (2) interest at the rate of 1% per month or any fraction thereof; and (3) a penalty of 10% of the surcharge due. *History: Ord. 91-757* #### § 11-9 License revocation. Balt., Md., Code art. 23, § 11-9 (2026) Any hauler who violates any provision of this subtitle shall, in addition, be subject to revocation of the solid waste collection permit issued to the hauler by the Commissioner of Health under the provisions of Title 7, Subtitle 2, of the Health Code of Baltimore City. *History: Ord. 91-757* #### § 11-10 Director of Finance to administer. Balt., Md., Code art. 23, § 11-10 (2026) In addition to the above powers granted to the Director of Finance, the Director is hereby authorized: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to make, adopt, and amend such rules and regulations as may be deemed necessary or proper: (i) to fully collect the surcharge; and (ii) to define any terms used in connection with the imposition and collection of the surcharge; (2) to compromise disputed claims in connection with the surcharge and for good and sufficient cause shown to waive interest and penalty; (3) to extend, for good cause shown, the time for remitting any surcharge required to be paid for such period of time as may be deemed reasonable; and (4) to develop procedures to identify haulers used by solid waste generators. *History: Ord. 91-757* *History: Text Conformed 02/23/21* #### § 11-11 Balt., Md., Code art. 23, § 11-11 (2026) Reserved #### § 11-12 Criminal penalties. Balt., Md., Code art. 23, § 11-12 (2026) (a) Any person who violates any provision of this subtitle shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500. (b) Each day that a person violates a provision of this subtitle shall be considered a separate offense. *History: Ord. 91-757* ### Subtitles 12 to 15 ### Subtitle 16 – Recyclable Materials and Compostable Yard Waste #### § 16-1 No disposal at Quarantine Landfill. Balt., Md., Code art. 23, § 16-1 (2026) Recyclable materials, as defined in § 11-1 of this article, and compostable yard waste may not be disposed of at the Quarantine Landfill. *History: Ord. 92-113* *History: Ord. 07-488* #### § 16-2 Recycling plan. Balt., Md., Code art. 23, § 16-2 (2026) (a) The Commission on Sustainability shall prepare and implement a comprehensive recycling plan for recycling and composting at facilities operated by the City, individuals, and corporations, as prescribed in City Code Article 5, Subtitle 34 {“Commission on Sustainability”}. (b) The plan shall include: (1) provisions for a City recycling and composting facility; (2) standards for the operation of private individual and corporate recycling and composting facilities; (3) provisions for residential and food and beverage business recycling programs, including: (i) an expansion of the scope of recyclable materials to be collected from residential and food and beverage business locations; (ii) improvements in frequency and scheduling of pickup of recyclable materials from residential and food and beverage business locations; (iii) performance measures for evaluating recycling services; (iv) an analysis of the fiscal impact of complying with this recycling plan; (4) provisions for a local food waste composting program for food and beverage businesses; (5) an analysis of the fiscal impact of complying with the recycling and composting plan; and (6) any other provisions relating to the process of providing for a comprehensive recycling and composting plan for the City of Baltimore. *History: Ord. 92-113* *History: Ord. 07-488* #### § 16-4 Rules and regulations. Balt., Md., Code art. 23, § 16-4 (2026) The Director of Public Works may adopt rules and regulations to carry out the provisions of this subtitle, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, and subject to review by the Commission on Sustain ability. *History: Ord. 92-113* *History: Ord. 07-488* *History: Text Conformed 02/23/21* #### § 16-5 Balt., Md., Code art. 23, § 16-5 (2026) Reserved ### Subtitles 17 to 20 ### Subtitle 21 – General Penalties #### § 21-1 Enforcement by citation. Balt., Md., Code art. 23, § 21-1 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, the following provisions of this article may be enforced by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}: (1) § 2-1 {“Mixed Refuse: Receptacles”}; (2) § 2-2 {“Mixed Refuse: Handling”}; (3) § 4-1 {“Receptacles on Collection Days: General prohibition”}; and (4) § 4-2 {“Receptacles on Collection Days: Placement for collection”}. (b) The issuance of an environmental citation to enforce these sections does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 99-548* *History: Ord. 09-175* #### § 21-2 Criminal Penalties. Balt., Md., Code art. 23, § 21-2 (2026) Any person who violates any provision of this article is guilty of a misdemeanor and, unless a different penalty is specified, is subject on conviction to a fine of not more than $100 for each offense. *History: Ord. 19-564* *History: Ord. 83-1049* *History: Ord. 99-548* *History: Ord. 09-175* ## Article 24 – Water ### Subtitle 1 – Director of Public Works #### § 1-1 Rules and regulations. Balt., Md., Code art. 24, § 1-1 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Public Works may adopt and enforce rules and regulations governing: (1) the operations of the Department of Public Works; and (2) the protection of the City’s water supply and facilities. *History: Ord. 1862-010* *History: Ord. 1896-026* *History: Ord. 48-463* *History: Ord. 76-142* *History: Ord. 02-476* *History: Text Conformed 02/23/21* #### § 1-2 Rates and charges. Balt., Md., Code art. 24, § 1-2 (2026) (a) The Director of Public Works shall: (1) assess the water rates or charges on all buildings and premises where the rates are established by law; and (2) keep suitable books in which shall be entered: (i) all transactions of the department; (ii) the kind of building or premises; (iii) the amount charged; (iv) the names of the owners of all buildings or premises; (v) the street and number of the building or premises; and (vi) the front footage. (b) The Director of Public Works must ensure that: (1) every consumer’s accessible water meter is actively read and the actual reading accurately recorded at least once a month; and (2) no water bill based on an estimated rather than actual reading is sent to any residential consumer whose water meter is accessible to Department of Public Works employees when they attempt to read the water meter. (c) The charges imposed under this article and all increases, interest, and penalties thereon shall be a lien upon the property of any person liable to pay the same to the City. Such lien shall be recorded in the Tax Lien Records maintained by the Department of Finance. *History: Ord. 1862-010* *History: Ord. 48-462* *History: Ord. 76-142* *History: Ord. 79-959* *History: Ord. 11-455* *History: Ord. 16-523* #### § 1-3 Payments on claims. Balt., Md., Code art. 24, § 1-3 (2026) (a) No payments for any claims upon the Department of Public Works shall be made unless the bill or claim be certified by the officer or other person duly authorized to make an agreement or contract for the Director of Public Works. (b) All payments shall be ordered by the Director and the order recorded on his records. *History: Ord. 1862-010* *History: Ord. 48-496* *History: Ord. 76-142* #### § 1-4 Installations. Balt., Md., Code art. 24, § 1-4 (2026) (a) The Director of Public Works is empowered and authorized to make installations of water supply service pipes from the water mains to the curb line or, lacking such limit at the time of installation, to a corresponding appropriate location within the public way, or the private way used or intended to be used by the public. (b) No pipe or main shall be tapped, opened, or reopened for a supply of water unless it be done under the direction of the Director of Public Works. *History: Ord. 1862-010* *History: Ord. 48-496* *History: Ord. 76-142* #### § 1-5 Work by contract or labor. Balt., Md., Code art. 24, § 1-5 (2026) The Department of Public Works is authorized and empowered to do any of the work either by contract or by day labor as in the judgment of the Director of Public Works may be best for the interests of the City, in each instance. *History: Ord. 1862-010* *History: Ord. 48-496* *History: Ord. 76-142* #### § 1-6 Suspension, etc., of certain uses. Balt., Md., Code art. 24, § 1-6 (2026) (a) Whenever the Director of Public Works determines that the state of the water supply requires, the Director may issue an order to suspend, condition, limit, or temporarily prohibit the use of water. (b) The Director’s order may encompass, as the Director considers appropriate under the circumstances: (1) some or all types of water users, including industrial, commercial, residential, and other users; and (2) some or all types of water uses, including lawn sprinkling, air conditioning, street or pavement washing, car or other vehicle washing, and industrial or commercial processes. *History: Ord. 04-125* *History: Ord. 11-043* *History: Ord. 48-508* *History: Ord. 76-142* *History: Ord. 02-476* #### §§ 1-7 to 1-10 Balt., Md., Code art. 24, § 1-7 to 1-10 (2026) Reserved #### § 1-11 Definitions. Balt., Md., Code art. 24, § 1-11 (2026) (a) In this article, the following terms have the meanings indicated. (b) “Applicant” means a customer who applies for the Water-for-All Discount Program. (c) “Authorized representative” means a person who has been designated in writing by the applicant or recipient to act on behalf of the applicant or recipient. The writing need not be notarized. (d) “Customer” means: (1) the owner or tenant of a property who receives or is requesting to receive water or wastewater services from the Department; or (2) that owner’s or tenant’s authorized representative. (e) “Department” or “DPW” means the Department of Public Works. (f) “Director” or “DPW Director” means the Director of the Department of Public Works or the Director’s designee. (g) “Eligible residential-water-utility customer” and “eligible tenant-water-utility customer” mean a customer who is eligible for the Water-for-All Discount Program. (h) “Household” means an individual or group of individuals who are living together as one unit and for whom water and wastewater services are purchased in common. (i) “Recipient” means a person who is eligible for and enrolled in the Water-for-All Discount Program. (j) “Residential-water-utility customer” means a customer: (1) who owns and occupies real property as his or her principal residence; (2) whose name appears on Department records or who is a legal heir to a person whose name appears on Department records; and (3) who is responsible for payment of the cost of water or wastewater services at that residence. (k) “Tenant” means an individual who is renting or leasing real property as his or her principal residence. (l) “Tenant-water-utility customer” means a customer who is a tenant and who can verify that he or she pays a landlord, separate from the fixed periodic rent, an amount for water or wastewater services provided to his or her principal residence. (m) “Unused credit” means any portion of a Water-for-All Credit not applied to the recipient’s water and wastewater bill or sent to the recipient prior to cut-off of service. (n) “Water-for-All Credit” means the total credit towards the cost of water or wastewater services for a household that a customer is eligible to receive from the Water-for-All Discount Program for the calendar year, as determined on review of the customer’s application. (o) “Water-for-All Discount Program” or “Program” means the Water-for-All Discount Program established under this article. *History: Ord. 02-476* *History: Ord. 20-336* *History: Ord. 22-125* ### Subtitle 2 – Bills #### § 2-1 Bills. Balt., Md., Code art. 24, § 2-1 (2026) (a) The bills for water used or work done by the Department of Public Works shall be collected by the Department of Finance. (b) Unless abated under this subtitle, all bills therefor shall be paid within 20 days after they have been issued. (c) Subject to the requirements of this article, on default in payment for bills issued under this section, the Department of Public Works may cut off the supply. (d) (1) Any landlord that requires a residential tenant to pay for the costs of water or wastewater services shall: (i) include that requirement in a written lease, as provided in City Code Article 13, § 7-3(a-1); and (ii) either: (A) timely provide the tenant with a copy of the water or wastewater bill; or (B) timely notify the Department that a copy of the bill should be sent to the tenant. (2) The Department shall timely provide a copy of a water or wastewater bill to a tenant-water-utility customer who: (i) submits, either in person or via electronic means, a signed copy of the Department’s Water Bill Request Form; or (ii) does not submit a copy of the Water Bill Request Form, but provides, either in person or via electronic means, 1 of the following documents, which shall be addressed to the individual at the property for which they are requesting a copy of the water bill: (A) a valid government-issued identification card; (B) a voter registration card; (C) 2 pieces of mail; (D) a utility bill; (E) a pay stub; or (F) a letter from a local, state, or federal government agency. (3) The Department shall provide a copy of the water or wastewater bill via electronic means, if requested. (e) The property owner’s or managing operator’s refusal or failure to participate in a tenant-water-utility-customer’s request to the Department for a discount, bill adjustment, payment plan, or other agency action may not be grounds for the Department to deny the request. *History: Ord. 04-125* *History: Ord. 11-043* *History: Ord. 48-501* *History: Ord. 76-142* *History: Ord. 16-523* *History: Ord. 20-336* *History: Ord. 20-468* *History: * #### § 2-2 Abatements. Balt., Md., Code art. 24, § 2-2 (2026) (a) The Director of Public Works shall have full power and authority to abate any charge for water made against any property, whether the same be made by meter, fixed charge, or otherwise, whenever the Director in his discretion may, for any cause, deem such abatement proper and advisable. (b) Said abatement may, in the discretion of the Director of Public Works, be of the whole or any part of the charge so made, and upon such terms and conditions as the Director may deem advisable and may prescribe. *History: Ord. 04-125* *History: Ord. 11-043* *History: Ord. 48-501* *History: Ord. 76-142* #### § 2-3 Cut-off for arrearage. Balt., Md., Code art. 24, § 2-3 (2026) (a) The owners of property are in all cases responsible for the payment of water bills. (b) (1) If a structure for which a bill is in arrears is not a vacant structure, as defined in Building Code § 116.4 {“Vacant structures”}, the Department may cut off water service, subject to the requirements of this article, until all arrearages are paid. (2) If a structure for which a bill is in arrears is a vacant structure, as defined in Baltimore City Building Code § 116.4 {“Vacant structures”}, the Department shall proceed as follows: (i) for a structure that has an accessible water meter, the Department shall cut off the water to the premises; or (ii) for a structure that does not have an accessible water meter, the Department shall cut off the water to the premises if damage to adjacent property is imminent or demolition of the property is planned. (c) (1) Except as otherwise provided in this subsection, when a water supply is cut off for nonpayment of water charges, a service-restoration fee must be paid before the supply is turned on again. (2) The amount of the service-restoration fee shall be as determined by the Board of Estimates in accordance with Subtitle 3 of this article. (3) While enrolled in the Water-for-All Discount Program, a recipient is not liable for any service-restoration fee imposed under this subsection. (d) The Department of Public Works may cut off the water from the premises of any person who: (1) introduces water to his, her, or its premises without authorization from the Department; or (2) permits another person (not entitled to use the water) to use the water without authorization from the Department. *History: Ord. 1862-010* *History: Ord. 1866-083* *History: Ord. 48-502* *History: Ord. 76-142* *History: Ord. 78-923* *History: Ord. 99-526* *History: Ord. 02-476* *History: Ord. 07-434* *History: Ord. 13-093* *History: Ord. 15-427* *History: Ord. 20-336* #### §§ 2-4 to 2-5 Balt., Md., Code art. 24, § 2-4 to 2-5 (2026) Reserved #### § 2-6 Water-for-All Program – Overview. Balt., Md., Code art. 24, § 2-6 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the DPW Director and the Finance Director shall adopt and enforce rules and regulations to administer a Water-for-All Discount Program in conformance with this article. (b) (1) Each residential- and tenant-water-utility customer whose household income in a calendar year is less than 200% of the federal government’s official poverty income guidelines, as published annually by the U.S. Department of Health and Human Services, is eligible for the Water-for-All Discount Program. (2) Residential- and tenant-water-utility customers are not required to be citizens or permanent residents of the United States in order to be eligible for the Water-for-All Discount Program. (c) The DPW Director or Finance Director, as the case may be, shall inform each residential- and tenant-water-utility customer of the availability of and eligibility criteria for the Water-for-All Discount Program in each bill and in each notice provided under § 4-3(d) {“Cut-off for non-payment: Notice”} of this article. *History: Ord. 20-336* *History: Text Conformed 02/23/21* #### § 2-7 Water-for-All Program – Application for Program. Balt., Md., Code art. 24, § 2-7 (2026) (a) A customer may submit a Water-for-All Discount Program application to the Department online, in person, or by mail. (b) Except as provided in subsection (d) of this section, a complete application, signed and dated by the customer or the customer’s authorized representative, must include: (1) the names of all household members; (2) the estimated annual household income for the current calendar year; (3) if the applicant is a tenant: (i) a statement, separately signed and dated by the customer or the customer’s authorized representative, that the tenant is a tenant-water-utility customer; (ii) the name and address of the landlord; and (iii) if applicable, verification that the tenant pays a separate amount for water or wastewater services to the landlord (e.g., by copy of the rental or lease agreement so indicating); (4) a statement, separately signed and dated by all members of the household whose income will be evaluated for the Program, allowing the Director to obtain verification, through any appropriate sources, about statements made or documents presented by members of the household whose income will be evaluated for the Program during the application process; (5) a certification: (i) that the recipient will notify the Department immediately if the actual annual household income exceeds the amount stated in the application; and (ii) that, if the actual income renders the recipient ineligible, the recipient will fully and promptly cooperate with the Department in its efforts, under § 2-11(c) {“Water-for-All ... – Midyear ineligibility”} of this subtitle, to recover credits distributed for any period of ineligibility; and (6) a certification, separately signed and dated by the applicant or the applicant’s authorized representative, that all answers to the questions and items on the application form are true and accurate to the best of the applicant’s knowledge. (c) On request by the Director for good cause, the applicant shall: (1) provide verification of the information provided on the application; and (2) submit for review the relevant Federal, State, or City income tax return or other acceptable evidence. (d) (1) Instead of the application set forth in this section, an applicant who demonstrates that he or she is already a participant in any State program where eligibility is established by income of less than 200% of the Federal government’s official guidelines, is deemed eligible for the Water-for-All Discount Program. (2) The Director shall provide a streamlined application process for these applicants and may not require any other income verification for Program eligibility. *History: Ord. 20-336* #### § 2-8 Water-for-All Program – Grant of Credit. Balt., Md., Code art. 24, § 2-8 (2026) (a) Each eligible residential- or tenant-water-utility customer who submits a complete application, containing the information required by § 2-7 {“Water-for-All ... – Application for Program”} of this subtitle, shall receive a Water-for-All Credit as follows: (1) Eligible residential-water-utility customers shall receive 1 fixed annual credit for each household. Only 1 credit is allowed per household per calendar year. (2) Eligible tenant-water-utility customers shall receive only 1 annual credit per eligible customer. However, where there are multiple tenants sharing rent in a household, the credit shall be divided among those who are on the lease or rental agreement or who otherwise verify that they are eligible tenant-water-utility customers. For subleases, the credit shall be prorated for the time that the sublessee is an eligible tenant-water-utility customer living in that household. (b) (1) The Water-for-All Credit is determined by the formula C = B – I x A where C = the Water-for-All Credit. B = either: (i) the recipient’s estimated annual water and wastewater bill, inclusive of volumetric usage charges, the account management fee, and infrastructure charges, based on the recipient’s historical average annual water usage and the projected rate schedule for the year; or (ii) if water and wastewater utility service is master-metered and the owner bills the cost of service to a tenant-water-utility-customer on an allocated basis, the recipient’s estimated annual water and wastewater bill, based on evidence of prior billings occurring during the tenant recipient’s current lease or rental-agreement term and exclusive of the owner’s administrative charges related to the allocation. (i) if the recipient’s annual household income is 50% or less than the federal government’s official poverty income guidelines, A equals 1%; (ii) if the recipient’s annual household income is greater than 50% but not greater than 100% of the federal government’s official poverty income guidelines, A equals 2%; and (iii) if the recipient’s annual household income is greater than 100% of the federal government’s official poverty income guidelines, A equals 3%. (2) For all negative values of C, the Water-for-All Credit is zero dollars. (3) The 1st annual Water-for-All Credit shall be prorated, accounting from the date of the recipient’s enrollment in the Program. (c) In calculating annual household income for both eligibility and amount of the Water-for-All Credit, the Director shall use the same countable and non-countable income specified, in COMAR 07.03.22.04, as amended from time to time, by the Maryland Department of Human Resources for its “Electric Universal Service Program”. *History: Ord. 20-336* #### § 2-9 Water-for-All Program – Distribution of Credit. Balt., Md., Code art. 24, § 2-9 (2026) (a) The Water-for-All Credit shall be applied to the water or wastewater bill or sent to each recipient by check, as follows: (1) Distribution of the credit shall begin as soon as practicable after the eligible residential- or tenant-water-utility customer applies for the Program. But in no case may it be later than 90 days after the Department’s receipt of a completed application that demonstrates a customer’s eligibility for the Program. (2) The credit for a tenant-water-utility customer whose water and wastewater utility service is master-metered and billed to the customer by the owner on an allocated basis shall be disbursed by check payable to the tenant-water-utility customer. (3) Customers may elect to receive credits disbursed on a monthly basis in an amount equal to one-twelfth of the annual credit. (4) The credit shall be applied to each subsequent bill until the full amount of the credit is exhausted. (5) At the end of each calendar year, for customers eligible for the Water-for-All Discount Program for the following year, the Director shall apply any unused credit to the recipient’s bills for the following year. (b) When a recipient terminates service, the unused credit shall be dispersed according the following priorities: (1) Within 45 days of termination, the DPW Director or Finance Director, as the case may be, shall apply any unused balance to the recipient’s bill before any other credits or deposits are applied when determining the bill balance due to or from the customer. (2) When a recipient changes his or her principal residence to a different unit that is provided water and wastewater services by the Department, any unused credit shall be transferred to the recipient’s new bill. (3) On the death of a recipient, the unused credit shall be transferred to a new bill of a surviving member of the decedent’s household who is an eligible residential- or tenant-water-utility customer in his or her own right. (4) Within 60 days of termination, any unused credit that cannot be transferred as stated in this subsection shall be returned to the self-sustaining water fund. *History: Ord. 20-336* #### § 2-10 Water-for-All Program – Program denials. Balt., Md., Code art. 24, § 2-10 (2026) If the Director determines any applicant to be ineligible for the Water-for-All Credit, the Director shall notify the applicant of this determination and of the applicant’s right to appeal under § 2-21 {“Office ... – Appeals”} of this subtitle. *History: Ord. 20-336* #### § 2-11 Water-for-All Program – Midyear ineligibility for credit. Balt., Md., Code art. 24, § 2-11 (2026) (a) The Water-for-All Credit is conferred based on annual household income for the current calendar year, as estimated at the time of application. If the recipient’s actual annual household income for the current calendar year exceeds the eligibility criteria, that recipient will become ineligible for the remainder of the calendar year. (b) Recipients are required to notify the Director immediately if their annual household income exceeds the eligibility criteria. (c) The Finance Department shall take necessary action to recover, when appropriate, the full amount of Water-for-All Credits distributed to beneficiaries for any period of ineligibility. *History: Ord. 20-336* #### § 2-12 Water-for-All Program – Enrollment confirmation. Balt., Md., Code art. 24, § 2-12 (2026) On a customer’s enrollment into the Water-for-All Discount Program, the Department shall provide the customer with a written statement that sets forth: (1) the estimated annual and monthly bill without the Water-for-All Credit; (2) the amount of the Water-for-All Credit; (3) the estimated annual and monthly bill with the Water-for-All Credit to be applied; (4) the monthly bill due date; (5) the amount of pre-Water-for-All Credit arrears that were accrued prior to enrollment; (6) the requirement that bills issued must be paid; (7) a brief explanation of the consequences of nonpayment; (8) a brief explanation of the elimination of pre-enrollment arrears on timely payments, as provided in § 2-13 {“Water-for-All ... – Program arrears”} of this subtitle; (9) a brief explanation of the duty to remain eligible or to notify the Department immediately if the customer becomes ineligible; and (10) a brief explanation of the annual recertification requirement for continued participation. *History: Ord. 20-336* #### § 2-13 Water-for-All Program – Program arrears. Balt., Md., Code art. 24, § 2-13 (2026) (a) Each on-time payment by a Water-for-All Discount Program recipient shall be credited towards the recipient’s pre-enrollment arrears in the amount of the payment until all arrears are satisfied. (b) Any amount paid for a bill in excess of the recipient’s current water liabilities reduces the balance of his or her pre-enrollment arrears and reduces the amount of on-time payments that the recipient will have to make to satisfy those arrears (c) Once a recipient is enrolled in the Water-for-All Discount Program, timely payment in full of each bill satisfies all of a recipient’s current water liabilities, so that there is no addition to arrears after enrollment. (d) A failure to make timely payments in full will add to pre-enrollment arrears, subjecting them to potential water cut-off pursuant to § 4-3 {“Cut-off for nonpayment”} of this article and extending the number of on-time payments that the recipient will have to make to eliminate all pre-enrollment arrears. (e) In the event that a recipient’s service is terminated for non-payment of bills after enrollment in the Water-for-All Discount Program, the recipient is entitled to immediate restoration of service on: (i) the recipient’s payment of those unpaid bills; or (ii) the recipient’s entry into an installment payment agreement with the Department for payment of those unpaid bills. (f) The Department shall notify all customers in arrears of the availability of the Water-for-All Program and of their ability to enter into an installment payment agreement program pursuant to § 4-5 {“Installment payment agreement”} of this article. *History: Ord. 20-336* #### § 2-14 Water-for-All Program – Annual recertification of eligibility. Balt., Md., Code art. 24, § 2-14 (2026) (a) No less than 60 calendar days before the end of each calendar year, the Director shall: (1) notify all recipients of their obligation to recertify their eligibility for the Program; and (2) allow each recertified recipient to re-enroll in person, online, or in the mail. (b) A recipient’s recertification of eligibility has the same effect as if the customer had reapplied. (c) A recipient’s failure to recertify eligibility within 90 days after the notification renders the recipient ineligible to continue in the Program, subject to reapplication. *History: Ord. 20-336* #### § 2-15 Water-for-All Program – Program disputes. Balt., Md., Code art. 24, § 2-15 (2026) Any applicant or recipient aggrieved by a determination of the Department under this Program may appeal that determination, as provided in § 2-21 {“Office ... – Appeals”} of this subtitle. *History: Ord. 20-336* #### § 2-16 Balt., Md., Code art. 24, § 2-16 (2026) Reserved #### § 2-17 Office of Water-Customer Advocacy and Appeals – Office established; Nature, purposes; Primary functions. Balt., Md., Code art. 24, § 2-17 (2026) (a) There is an Office of Water-Customer Advocacy and Appeals in the Department of Public Works. (b) (1) The Office is a neutral intermediary created to promote fairness to customers dealing with water and wastewater billing disputes. (2) The purposes of the Office are: (i) to provide a problem-solving resolution process for disputes between customers and the Department of Public Works about water and wastewater billings, assistance under the Water-for-All Discount Program, and assistance under any other Baltimore Water Assistance Programs; and (ii) to provide guidance on broader rules, regulations, policies, and procedures of the Department that relate to customer issues with water and wastewater billings. (3) The Office is entitled to the full cooperation and collaboration of the Department of Public Works’ staff and contractors, including access to all customer records and the ability to confer with Department leadership, staff, and contractors. (c) The Office serves the following three primary functions: (1) serving as a customer advocate, by conducting problem-solving investigations and implementing solutions, including: (i) investigating the causes of and solutions to billing disputes between customers and the Department of Public Works, even if the customer has not yet exhausted options for dispute resolution offered by the Department; (ii) investigating the causes of and solutions to disputes between customers and the Department of Public Works over Water-for-All Discount Program determinations or other Department actions or decisions related to water and wastewater billing, service cut-offs, or lack of notice of billing-related issues; (iii) connecting customers to complementary social services; (iv) investigating and improving communications between customers and the Department of Public Works, by investigating whether notices should be in other languages, ensuring that customers receive timely and complete notice of payments due, and ensuring that customers receive timely and complete notice of options for reducing payments under all existing programs; and (v) adjusting customer bills when warranted; (2) conducting appeals hearings on request of aggrieved customers after a problem-solving determination has been made; and (3) reporting at least semi-annually to the Committee for Office Oversight established under § 2-23 {“Office ... - Committee for Office Oversight”} of this subtitle, on: (i) Office operations and activities, including: (A) data on the Office’s customer-advocacy investigation and problem-solving efforts and its appeals function, as set fort in subsection (d) of this section; and (B) examples of common customer complaints, the methods by which the Department of Public Works addresses those complaints, an assessment of those methods, and recommendations for alternative approaches; and (ii) recommendations that the Office has for: (A) changes to the department’s rules, regulations, policies, or procedures that will promote fairness to customers and resolve customer concerns; (B) task forces and additional Office staff; and (C) any other options for promoting fairness to customers and resolving customer concerns. (d) (1) Data and metrics shall be used to enable: (i) an understanding of the problems experienced by customers and by DPW; (ii) the design of workable solutions; and (iii) the evaluation of whether reforms implemented are successful. (2) Significant data shall be collected from individuals participating in the various dispute resolution processes under this subtitle, which will reduce data collection costs and emphasize customers’ direct experiences. (3) Data shall be collected that reveals the nature and frequency of: (i) customer concerns raised on matters of all kinds; (ii) methods used by Office Advocates to investigate problems, to assess DPW’s responses, and to create solutions promoting customer fairness; (iii) dispute resolution outcomes and justifications, including bill adjustment dollar amounts, orders regarding enrollment in discount and affordability programs, referrals to social service agencies, complaints left unaddressed, and other outcome es; (iv) decisions of the Public Works Director that overrule an Office Advocate or the ECB; (v) communications among billing analysts, the Office, the ECB, and customers; (vi) data collection efforts; (vii) customer feedback (from customers both participating in dispute resolution systems and not participating in them); (viii) ideas solicited from customers about potential causes of problems and potential solutions that would promote customer fairness; (ix) input from social service organizations that serve customers; and (x) with respect to discount and affordability programs, application and enrollment numbers compared to the anticipated number of eligible customers, reasons for denials, and the relative success of different outreach methods. (4) When reporting to the Committee for Office Oversight, the Office shall explain how data derived directly from customer experiences was given great weight in designing reform proposals that promote customer fairness, and shall define metrics to be used to measure the effectiveness of the future reforms. As reforms are implemented, additional data shall be collected to evaluate the effectiveness of the reforms, and the Office shall, as appropriate, propose further improvements to the reforms or to the metrics to be used to assess them. *History: Ord. 20-336* *History: Ord. 20-468* #### § 2-18 Office of Customer Advocacy . . . – Administration. Balt., Md., Code art. 24, § 2-18 (2026) (a) The head of the Office, who shall supervise and direct the Office’s personnel and operations, is the Office Administrator, to be appointed by the Mayor in accordance City Charter Article IV, § 6. (b) The Office Administrator may appoint the Office’s Customer Advocates and supporting staff, as provided in the Ordinance of Estimates. (c) The Office’s Administrator and Customer Advocates must: (1) be impartial; (2) be knowledgeable about water and wastewater services, water usage, billing practices, and billing procedures; and (3) have substantial experience in dispute resolution, consumer protection, and the delivery of public services. (d) (1) The Office’s Administrator, Customer Advocates, and supporting staff are entitled to compensation as provided in the Ordinance of Estimates. (2) The Office’s Administrator, Customer Advocates, and supporting staff are entitled to participate in any City-sponsored benefits program to the same extent and under the same terms as other City officers and employees. (e) Office employees: (1) may not be made to suffer any adverse employment action without cause; and (2) to avoid even the appearance of a conflict of interest: (i) may not be required to get prior approval from DPW officials or employees for Office reviews, reports, or recommendations; and (ii) shall have only limited communications with DPW employees, as needed to fulfill the Office’s customer fairness mandate. *History: Ord. 20-336* *History: Ord. 20-468* #### § 2-19 Office of Customer Advocacy . . . – Request for assistance. Balt., Md., Code art. 24, § 2-19 (2026) (a) A customer may seek Office assistance by submitting a written or oral request to the Department or to the Office within 90 calendar days of any disputed Water-for-All Discount Program determination or other Department action or decision related to water and wastewater billing, service cut-offs, or lack of notice of billing-related issues. (b) The right to dispute a determination by the Department before the Department, the Office, or the ECB may not be limited, except as otherwise stated in this article. Thus, a customers may not be required by the Department, the Office, or the ECB to do any of the following as a prerequisite to having the customer’s appeal heard: (1) pay money to any party, including a plumber; (2) prove that DPW equipment is faulty; or (3) pay bills that are being challenged by the customer. (c) All proposed new or modified rules and regulations that govern or affect the operations of the Office or ECB or that delimit rights granted customers by this article shall be published for public comment and shall be posted online in both draft and final form. *History: Ord. 20-336* *History: Ord. 20-468* #### § 2-20 Office of Customer Advocacy . . . – Customer-advocacy services. Balt., Md., Code art. 24, § 2-20 (2026) (a) Whenever a customer asks the Department for assistance under § 2-19 {“Office ... - Request for assistance ...”}, the Department shall immediately: (1) notify the customer of the customer’s right to access the Office’s customer-advocacy problem-solving services; and (2) forward the customer’s request for assistance to the Office. (b) (1) In order to resolve a billing or other dispute, a Customer Advocate may: (i) investigate the computation of water charges for accuracy; (ii) investigate meter reading for possible miscalculations or malfunction; (iii) investigate whether the amount billed is erroneous based on household size, billing cycle, amount of reported usage, or other relevant factors; (iv) consider whether reported meter readings are so unreasonably high as to be prima facie evidence that the meter is incorrect; (v) facilitate a search for leaks on the customer’s premises and nearby City property; and (vi) make a reasonable investigation of any material facts and claims asserted by the customer as to the cause of the erroneous bill or Department decision. (2) Both the customer and the Department of Public Works shall comply with a Customer Advocate’s requests for information and scheduling. On request of the Office, staff and contractors of the Department shall perform tests and otherwise use their expertise to assist in investigation and problem-solving functions. (c) (1) A Customer Advocate may grant appropriate equitable relief to a customer, including: (i) the change of an amount due on a bill for water or wastewater; or (ii) the reversal of a Department decision. (2) Notwithstanding any other provision of this article, a Customer Advocate may not increase any charges in a bill issued to a residential- or tenant-water-utility customer. (d) (1) After completion of an investigation, the Customer Advocate shall: (i) issue a written report containing a description of the investigation and a statement of: (A) the law and facts; (B) the results of the investigation; (C) any relief granted or denied; and (D) an explanation for that determination; (ii) mail a copy of the report to the Department and to the customer at the customer’s last-known address; and (iii) keep all records of the investigation and the report. (2) If the report concludes that the customer’s bill needs to be adjusted, the Finance Department shall promptly issue an amended bill to the customer. (3) (i) The report shall notify the customer of his or her right to appeal the results of the investigative report. (ii) The notice shall contain: (A) the deadlines for and methods of filing the appeal; and (B) the procedures by which the appeal will be heard. *History: Ord. 20-336* #### § 2-21 Office of Customer Advocacy . . . – Appeals. Balt., Md., Code art. 24, § 2-21 (2026) (a) (1) DPW shall contract with the Environmental Control Board to make available hearing officers to provide an independent review of customer appeals from a Customer Advocate’s investigative report. (2) Hearing officers and individuals conducting or overseeing these independent reviews: (i) may not be made to suffer any adverse employment action without cause; and (ii) to avoid even the appearance of a conflict of interest: (A) may not engage in any ex parte communication involving a matter pending before the ECB; and (B) may not communicate with any DPW official or employee about preferences for the outcome of a matter that might come before the ECB. (b) (1) A customer is entitled to file an appeal with the Environmental Control Board within 30 calendar days of receipt of a Customer Advocate’s investigative report or within 45 calendar days of asking for assistance from the customer advocate. (2) The appeal must be filed: (i) in-person, at an address designated by the Environmental Control Board; (ii) electronically, in a format approved by the Environmental Control Board; or (iii) by first-class mail, postmarked within 30 calendar days of receipt of the report. (c) (1) Within 30 days of the filing of an appeal, the Environmental Control Board shall: (i) promptly schedule an in-person hearing with a hearing officer; and (ii) notify the Department, the customer, and the Customer Advocate of the date, time, and location of the hearing. (2) The customer must be given at least 15 calendar days notice of the hearing’s date, time, and location. (d) At the hearing, the customer is entitled to: (1) represent him- or herself or be represented by an attorney; (2) present his or her case with evidence; (3) submit evidence in rebuttal; and (4) conduct cross-examination. (e) At the hearing, the Customer Advocate shall appear and may be questioned by the customer, the Department, and the hearing officer. (f) (1) Hearings shall be conducted in a full, fair, impartial, and orderly manner. (2) Except as otherwise provided by law, formal rules of evidence and trial procedures do not apply. (3) The hearing shall be filmed, audio recorded, or transcribed. (4) To facilitate the resolution of an appeal, the hearing officer may: (i) administer oaths and affirmations; (ii) examine witnesses and take testimony; (iii) issue summonses and subpoenas, especially those requested by the customer or the Department and received by the hearing officer at least 7 days before the hearing; (iv) request investigative reports prepared by the Customer Advocate and any relevant Department records or information; (v) regulate the course and conduct of hearings, which shall be conducted: (A) informally, in a manner to ascertain the substantial rights of the customer and the Department; and (B) without the hearing officer’s being bound by common law or statutory rules as to the admissibility of evidence or by technical rules of procedure; (vi) consider whether reported meter readings are so unreasonably high as to be prima facie evidence that the meter is not functioning properly or is the wrong size; (vii) rule on motions or informal requests; and (viii) continue any hearing as deemed necessary for the efficient disposition of the matter, but the hearing officer may not receive ex parte, directly or indirectly,any additional evidence or communication regarding the merits of any issue in the matter during the continuance. (g) (1) After the hearing has concluded, the hearing officer shall issue a written proposed decision, including a statement of material facts and conclusions of law. (2) The proposed decision: (i) shall be based on consideration of the entire record; (ii) may include the forms of relief specified in § 2-20(c) {“Office ... – Customer-advocacy services: Examples of potential relief”} of this subtitle; and (iii) may not increase any charges in a bill issued to a residential- or tenant-water-utility customer. (3) The hearing officer’s proposed decision shall be communicated by mail to the customer and to the DPW Director no later than 30 days after the hearing, unless the customer agrees in writing to a longer period. (h) (1) Promptly on receipt of the hearing officer’s proposed decision, the DPW Director: (i) shall review the proposed decision and the administrative record of the dispute; and (ii) shall: (A) issue a final agency decision that: i. adopts the hearing officer’s proposed decision; or ii. modifies the hearing officer’s proposed decision and, in writing: 1. specifies each of the Director’s modifications; and 2. explains the reasons for each modification; or (B) if the hearing officer’s proposed decision fails to provide sufficient information on which to render a final decision, issue an order that describes the deficiency and remands the matter to the hearing officer for further proceedings. (2) The Director shall promptly serve a copy of the final agency decision or the remand order, as the case may be, on each party to the proceeding and, if not a party, on the owner of the property. (i) (1) A customer or other party aggrieved by a final decision under this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the Circuit Court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 19-332* *History: Ord. 20-336* *History: Ord. 20-468* #### § 2-22 Office of Customer Advocacy . . . – Continued service, rights pending reviews, etc. Balt., Md., Code art. 24, § 2-22 (2026) Notwithstanding any other provision of this article, the Department may not cut off water or wastewater service because of a delinquency or arrearage that is the subject of a pending request, made in good faith, for investigation, review, or appeal, or for judicial or appellate review of a billing dispute. *History: Ord. 20-336* *History: Ord. 20-468* #### § 2-23 Office of Customer Advocacy . . . – Committee for Office Oversight. Balt., Md., Code art. 24, § 2-23 (2026) (a) There is a Committee for Office Oversight. (b) The Committee comprises the following 7 members: (1) the Inspector General or the Inspector General’s designee; (2) the City Auditor or the City Auditor’s designee; (3) the Mayor or the Mayor’s designee; (4) the City Council President or the President’s designee; and (5) 3 City Councilmembers, appointed by the City Council President. (c) The Committee: (1) shall elect one of its members to serve as the Chair of the Committee; and (2) may elect from among its members any other officers that the Committee considers necessary or appropriate. (d) (1) The Committee shall meet at the call of the Chair or at the call of a majority of Committee members, as frequently as required to perform its duties. (2) 4 members of the Committee constitute a quorum for the transaction of business. (3) An affirmative vote of at least 4 members is needed for any official action. (4) All meetings of the Commission must be conducted in accordance with the State Open Meetings Act (State General Provisions Article, Title 3). (e) The Committee shall: (1) review and evaluate the activities and operations of the Office, including the performance of its customer-advocacy problem-solving services and its appeals function; (2) provide advice and guidance to the Office and recommend new or modified policies and procedures that the Committee considers necessary or appropriate for the more effective operation of the Office; and (3) to these ends, hold at least 2 publicly advertised hearings a year at which: (i) the Office Administrator shall appear and report on: (A) the status of Office activities and operations; and (B) the Office’s recommendations for changes necessary or appropriate to further promote fairness to customers and resolving customer concerns; and (ii) the public may attend and testify on the efficacy of the Office’s activities and operations and any need for further modifications to these activities and operations. *History: Ord. 20-336* *History: Ord. 20-468* ### Subtitle 3 – Setting Rates and Charges; Expenditures #### § 3-1 Board of Estimates to set. Balt., Md., Code art. 24, § 3-1 (2026) (a) The Board of Estimates, on the recommendation of the Director of Finance and the Director of Public Works, may establish, assess, and change rates and charges for: (1) sanitary wastewater; and (2) for the supply or use or both of water, for any purpose and at any point in or outside Baltimore City, whether by meter, fixed charge, or otherwise. (b) At least 30 days before taking any final action on rates or charges, the Board of Estimates: (1) shall publish notice of the proposed action; (2) shall send the recommendations of the Director of Finance and the Director of Public Works to the City Council and the members thereof; and (3) shall afford an opportunity for the Council members and the public to make recommendations thereon. (c) The Board shall also have the power to provide for abatement and reduction of such rates or other charges. *History: Ord. 04-125* *History: Ord. 11-043* *History: Ord. 23-072* *History: Ord. 78-941* *History: Ord. 02-476* #### § 3-2 Accounting system Balt., Md., Code art. 24, § 3-2 (2026) (a) The accounting system for the water and sanitary wastewater utilities: (1) shall conform to generally accepted principles of utility accounting; and (2) shall be kept on the accrual basis and in the manner prescribed in Article VII, § 11 of the City Charter. (b) The records of revenues of each said utility shall be kept so that the sales made to each class of customer according to the rate schedules adopted by the Board of Estimates for each utility can be determined. *History: Ord. 78-941* #### § 3-3 Annual report. Balt., Md., Code art. 24, § 3-3 (2026) After the close of each fiscal year, there shall be submitted to the Board of Estimates, the Board of Finance, and to the members of the City Council, a report which may be submitted as a separate section of the statements prescribed under Article VII, § 11 of the City Charter as to the operation of each said utility containing at least the following financial statements: (1) a comparative balance sheet showing the financial condition of the utility as of the beginning and close of the fiscal year; (2) an analysis of the retained earnings account showing the factors of change in the account as reflected by the comparative balance sheet; (3) a comparative income statement of the last 2 fiscal years; and (4) a comparative detailed analysis of operating expense for the last 2 fiscal years according to functional groupings. *History: Ord. 78-941* #### § 3-4 Excess revenues. Balt., Md., Code art. 24, § 3-4 (2026) (a) After the budgets of the water and sanitary wastewater utilities have been adopted, should it appear that for either utility there will be revenues in excess of those budgeted: (1) additional expenditures may be authorized by the Board of Estimates from the funds of that utility in an amount not exceeding such excess; or (2) upon recommendation of the Directors of Finance and Public Works, the Board may decrease the utility rates and charges. (b) Any such additional expenditures of the water or sanitary wastewater utility shall be subject to the appropriation procedures provided in Article VI of the City Charter. *History: Ord. 78-941* #### § 3-5 Setting rates and charges. Balt., Md., Code art. 24, § 3-5 (2026) (a) It shall be the duty of the Director of Finance and the Director of Public Works to recommend, and the duty of the Board of Estimates to: (1) establish rates and charges to make each utility financially self-sustaining at all times; and (2) adjust the rates if the projected profit and loss statement for the current year anticipates a loss and the actual results for the immediate prior year resulted in a loss or deficit. (b) The rates so established shall be at a level sufficient to recover any accumulated loss from prior years. (c) In order to make and assure that each utility is financially self-sustaining, there shall be provision for: (1) operating and maintenance costs; (2) depreciation accruals; (3) amortization of bonds; and (4) reasonable accumulation of surplus. (d) Charges shall be made to various classes of consumers including but not limited to domestic, commercial, industrial, and municipal government and other governmental users of the services of water and sanitary wastewater utilities. *History: Ord. 78-941* #### § 3-6 Approval of expenditures. Balt., Md., Code art. 24, § 3-6 (2026) (a) Expenditures may be made with the approval of the Board of Estimates from the appropriated funds of either utility, on the recommendation of the Director of Public Works, for necessary renewing, improving, rebuilding, or extending the plant and distribution system of such utility including all costs related thereto. (b) The budgets for renewing, improving, rebuilding or extending the plant and distribution system of such utility shall be prepared in the manner prescribed in Article V of the City Charter. *History: Ord. 78-941* #### § 3-7 City loans to utility. Balt., Md., Code art. 24, § 3-7 (2026) (a) The City may lend to each utility an amount not to exceed the equivalent to a 60-day cash working capital requirement. (b) Any such loan shall be repaid by each utility on or before 24 months from the date of such loan, with interest at the rate of average interest earned by the City on its invested funds during the same period. *History: Ord. 78-941* #### § 3-8 Conflict with covenants, etc. Balt., Md., Code art. 24, § 3-8 (2026) In the event that any provision in this subtitle for the water and sanitary wastewater utilities shall be inconsistent with any covenants, conditions, laws, or any regulations promulgated thereunder governing any contract, project, or grant from the United States or from the State or funds dedicated by an Act of Congress or by State law or by the terms of any private grant, such provision in this section shall be applicable only to the extent that it is not inconsistent with any such covenants, laws, or regulations for any federal or State contract, project, or grant or with the terms of any such private grant. *History: Ord. 78-941* ### Subtitle 4 – Collection of Charges #### § 4-1 Balt., Md., Code art. 24, § 4-1 (2026) Reserved #### § 4-2 Metered water charges; Fire supply service inspection charges. Balt., Md., Code art. 24, § 4-2 (2026) (a) Metered water charges and fire supply service inspection charges are due and payable when the bills for them have been rendered. (b) Excep as otherwise provided, any metered water charges and fire supply service inspection charges unpaid 20 days after the issue date of the bill are considered delinquent, and all water service are subject to turn-off for nonpayment of those charges at any time. (c) (1) Except as otherwise provided in paragraph (2) of this subsection: (i) a penalty at the rate of 1.64% of the water charge and fire supply service inspection charge shall be added to every metered water charge and fire supply service inspection charge at the time they become delinquent; and (ii) an additional penalty of 1.64% shall be imposed on all charges, including accrued penalties, which remain unpaid and are forwarded as arrearages on subsequent bills. (2) Recipients of the Water-for-All Discount Program are not liable for any penalties imposed under this subsection while enrolled in the Program. *History: Ord. 1897-004* *History: Ord. 48-499* *History: Ord. 49-621* *History: Ord. 67-1153* *History: Ord. 58-1572* *History: Ord. 59-035* *History: Ord. 66-901* *History: Ord. 67-1016* *History: Ord. 68-059* *History: Ord. 69-391* *History: Ord. 73-393* *History: Ord. 80-070* *History: Ord. 08-042* *History: Ord. 16-523* *History: Ord. 20-336* #### § 4-3 Cut-off for nonpayment. Balt., Md., Code art. 24, § 4-3 (2026) (a) Subject to subsections (b) through (e) of this section, an account balance of $250 or more and 2 billing cycles past due is sufficient reason for sending a cut-off notice for all water service, even though other water charges against the property are not in arrears. (b) (1) Prior to any cut-off for delinquency of payment, the Director of Public Works shall, at least 45 days prior to the earliest date on which service will be cut-off, provide notice as required by subsection (d) of this section. (2) Cut-offs may be performed: (i) only Monday through Thursday; (ii) only when no heat or cold advisory issued by the City Health Department is in effect; and (iii) for residential and multi-unit locations, only from March 1 through October 31. (3) The Department may not cut off water more than 90 calendar days after the cut-off notice, unless it has issued a new cut-off notice in the manner required by subsection (d) of this section. (c) Fire service may not be cut off for nonpayment. (d) Each notice: (1) shall be served both by certified mail and by posting on the front entrance to the customer’s premises; and (2) shall clearly state: (i) the earliest date on which service may be cut off; (ii) the reasons for the cut-off; (iii) the actions that the customer must take to avoid service cut-off, including the total amount required to be paid and the date by which that payment must be made; (iv) the address and telephone number of a Department representative that the customer may contact in reference to the account; (v) the procedures specified in § 2-19 {“Office ... – Request for assistance”} and § 2-21 {“Office ... – Appeals”} of this article to request Office assistance and subsequent appeal; (vi) the exceptions set forth in subsections (c) and (f) of this section; (vii) that any payment made by check or draft that is subsequently dishonored does not constitute payment and will entitle the Department to cut off service without further notice; (viii) a description of the actions that the customer must take to enter into an installment payment agreement, as set forth in § 4-5 {“Installment payment agreement”} of this subtitle; and (ix) a description of the Water-for-All Discount Program and the actions that the customer must take to apply. (e) On the day that service will be cut-off, the Director shall verify that the customer has not taken any action and is not otherwise qualified under subsections (c) and (f) of this section to avoid service cut-off. (f) The Department may not cut off service if, prior to the time that cut-off is to take place: (1) with respect to any charges giving rise to the cut-off, the customer requests, in good faith, Office assistance under § 2-19 {“Office ... – Request for assistance”} of this article; (2) the customer produces a written record of payment in full of all delinquent charges that gave rise to the cut-off notice; (3) the customer pays the full amount demanded in the cut-off notice; (4) the customer offers to enter into an installment payment agreement, in accordance with § 4-5 {“Installment payment agreement”} of this subtitle and, within 3 days, executes the agreement and pays the down payment or initial installment; (5) the customer has submitted an application for the Water-for-All Discount Program and a determination of eligibility is pending; (6) the customer indicates that the customer has a significant medical condition, as certified in writing by a licensed medical doctor, nurse practitioner, physician assistant, or the Baltimore City Department of Health, indicating that the absence of water service at the subject residential premises will aggravate the existing significant medical condition; (7) the customer provides verifiable documentation that the customer is 62 years old or older, under 18 years old, or has an infant human being not more than 6 months old in residence at the premises; (8) the customer provides verifiable documentation that the customer has central vision acuity of 20/200 or less in the better eye with the use of a correcting lens, has at least one eye with a limitation in the fields of vision such that widest diameter of the visual field subtends an angle no greater than 20 degrees, as certified in writing by a licensed medical doctor, nurse practitioner, physician assistant, or the Baltimore City Department of Health; (9) the customer provides verifiable documentation that the customer has a physical, mental, or medical impairment resulting from anatomical, physiological, or neurological conditions that prevents the exercise of a normal bodily function or that renders the customer unable to manage his or her own resources or to protect himself or herself from neglect or hazardous situations without the assistance of others, as certified in writing by a licensed medical doctor, nurse practitioner, physician assistant, or the Baltimore City Department of Health; (10) the property where service is to be cut off is in bankruptcy proceedings; or (11) the property where service is to be cut off is in tax lien certificate sale. *History: Ord. 48-499* *History: Ord. 49-621* *History: Ord. 57-1153* *History: Ord. 58-1572* *History: Ord. 66-901* *History: Ord. 67-1016* *History: Ord. 68-059* *History: Ord. 69-391* *History: Ord. 73-393* *History: Ord. 08-042* *History: Ord. 20-336* #### § 4-4 Full payment required to restore service. Balt., Md., Code art. 24, § 4-4 (2026) The total of all delinquent water charges, including but not limited to the penalty or interest and turn-off charges, must be paid before service will be restored. *History: Ord. 48-499* *History: Ord. 49-621* *History: Ord. 157-153* *History: Ord. 58-1572* *History: Ord. 66-901* *History: Ord. 67-1016* *History: Ord. 68-059* *History: Ord. 69-391* *History: Ord. 73-393* *History: Ord. 08-042* #### § 4-5 Installment payment agreement. Balt., Md., Code art. 24, § 4-5 (2026) (a) (1) The Finance Director shall offer an installment payment agreement to each customer who has been issued a cut-off notice. (2) Execution of an installment payment agreement acceptable to the Finance Director will enable the customer to: (i) avoid service cut-off; (ii) avoid accrual of the penalties imposed under § 4-2(c) {“Metered water charges...: Penalties”} of this subtitle; and (iii) enable service that has been turned off to be restored, provided that the customer remains in compliance with the agreement. (b) If payment is missed and the payment agreement declared to be breached, the suspended penalties shall be reinstated a nd all subsequent penalties shall continue to accrue. (c) Each offer of an installment payment agreement must: (1) inform the customer of the availability of an agreement; (2) state the minimum terms of the agreement that would be acceptable to the Director; (3) explain any alternate terms that may be available; (4) state the date by which the customer must contact the Department and execute an agreement in order to avoid service cut-off; (5) indicate the name and telephone number of a Department representative that the customer may call to discuss an agreement; and (6) state what action the Department will take if an installment payment agreement is not executed and returned by its due date. (d) An installment payment agreement shall set forth: (1) the total amount and dates of the delinquent charges covered by the agreement; (2) the time period over which the total amount shall be paid; (3) the number, due date, and amount of each periodic payment due under the agreement; (4) the amount of the required down payment or initial installment due on the customer’s execution of the agreement, which may not exceed 25% of the total amount covered by the agreement; (5) the interest rate to be charged on the unpaid balance under the agreement, which shall be equal to the interest rate then being charged by the City for unpaid real estate taxes on a property where the annual real estate taxes are $2,750 or less; and (6) the customer’s right under § 2-17 et seq. of this article to the services of a Customer Advocate in seeking resolution of any billing or other dispute. (e) The Finance Department shall mail to the customer 30 days’ notice of each installment payment due. *History: Ord. 08-042* *History: Ord. 16-523* *History: Ord. 20-336* ### Subtitle 5 – Municipal Uses #### § 5-1 Tax to cover costs. Balt., Md., Code art. 24, § 5-1 (2026) A sufficient tax shall be annually levied and imposed for the payment of the expenses incurred in supplying water to any of the departments of the city government and all other uses ordered by the Mayor and City Council. *History: Ord. 04-125* *History: Ord 11-043* *History: Ord. 23-072* *History: Ord. 76-142* #### § 5-2 Public parks and squares. Balt., Md., Code art. 24, § 5-2 (2026) (a) The Department of Recreation and Parks shall pay for the water used in the public parks and squares, the charges to be at the rate or rates fixed by the Board of Estimates for water used by individuals, firms, and corporations where meters are installed. (b) The Board of Estimates may, however, in its discretion, make an agreement with the said Department of Recreation and Parks for the payment of a certain amount each year in lieu of said charges. *History: Ord. 04-125* *History: Ord 11-043* *History: Ord. 23-072* *History: Ord. 76-142* ### Subtitles 6 to 10 ### Subtitle 11 – Drinking Fountains #### § 11-1 Construction; location; removal. Balt., Md., Code art. 24, § 11-1 (2026) (a) The Mayor and the Director of Public Works are hereby authorized to remove or change the location of any and all existing drinking fountains and water troughs which, in their judgment, should be removed, or the location of which, in their judgment, ought to be changed. (b) The Mayor and the Director of Public Works are hereby empowered to authorize and direct the construction of such drinking fountains and water troughs as they may deem advisable in the public highways of Baltimore City, and to determine the location thereof. (c) No drinking fountain or water trough shall hereafter be constructed in any of the public highways of Baltimore City without the authority of the Mayor and the Director of Public Works unless the same be authorized by ordinance of the Mayor and City Council of Baltimore. *History: Ord. 16-104* *History: Ord. 76-142* ### Subtitle 12 – Laying Pipes in Streets #### § 12-1 Powers of Department. Balt., Md., Code art. 24, § 12-1 (2026) (a) The Department of Public Works shall have full power and authority: (1) to convey water under and along any of the streets, lanes, and alleys of the City of Baltimore; (2) to lay a pipe or pipes in any of the said streets, lanes, and alleys for the purpose of conveying and distributing the said water; (3) to renew and repair the said pipes from time to time; and (4) for that purpose, to dig, break up, and open such portions of such street, lane, or alley, and of the pavement and footways thereof as may be necessary, leaving at all times a sufficient passageway for pedestrians and vehicles, if the same will admit thereof. (b) All such streets, lanes, and alleys as shall from time to time and at any time be so dug, opened, and taken up shall be restored as soon as possible to their former condition at the expense of the Department of Public Works. *History: Rev. Ords. 1858-043* *History: Ord. 48-495* *History: Ord. 76-142* #### § 12-2 Digging up streets. Balt., Md., Code art. 24, § 12-2 (2026) Whenever the Department of Public Works, or any of its agents or workmen, shall take up any part of the pavement or dig up any part of the streets, lanes, or alleys of the City of Baltimore for the purpose of laying or repairing the pipes for conducting the water through the City or into the houses or lots of the citizens, it shall proceed without delay to put down or repair the pipes, as the case may be, and immediately thereafter fill in the earth or otherwise secure the place so dug up from becoming a nuisance or endangering persons using the streets, lanes, and alleys. *History: Rev. Ords. 1858-043* *History: Ord. 48-495* *History: Ord. 76-142* #### § 12-3 Repairing pipes. Balt., Md., Code art. 24, § 12-3 (2026) (a) As often as any of the said pipes shall prove defective, so as to cause the water to flow on the surface of the ground or pavement, it shall be the duty of the Department of Public Works to have the same immediately repaired. (b) The pipes mentioned and referred to in subsection (a) of this section are hereby declared to mean and be any pipes laid by the Department of Public Works or in connection with the works under its care, under or along any street, lane, or alley of the City, whether the same be under or along the space covered or designed to be covered with the foot pavement or not, and a notice of the fact, by any person whatsoever, left at the office of said Department, shall be a sufficient notification. *History: Rev. Ords. 1858-043* *History: Ord. 48-495* *History: Ord. 76-142* ### Subtitle 13 – Pavements #### § 13-1 Repair work. Balt., Md., Code art. 24, § 13-1 (2026) In all cases where the Department of Public Works or any of its agents or workmen shall take up any paving or curbing, whether in the roadway or sidewalk area, for any of the purposes aforesaid, the said Department of Public Works shall have such areas repaved, reconstructed, or repaired in a satisfactory manner. *History: Rev. Ords. 1858-043* *History: Ord. 50-1246* *History: Ord. 76-142* #### § 13-2 Marking distribution facilities. Balt., Md., Code art. 24, § 13-2 (2026) (a) Whenever it becomes necessary to pave, repave, or repair any street, lane, alley, sidewalk, or yard in the City of Baltimore, it shall be the duty of the contractor, paver, or other person or persons performing this work to distinctly mark, by a wooden or iron box, or by some other means approved by the Director of Public Works, all manhole frames and covers, roadway valve boxes, meter frames and covers, and curb boxes which are a part of the distribution system of the Department of Public Works or are a part of the water supply service to a consumer’s property. (b) Any person, firm, or corporation failing or neglecting to comply with this provision shall forfeit and pay for each and every offense the sum of $10 to be paid to the Director of Finance. *History: Ord. 1864-003* *History: Ord. 50-1391* *History: Ord. 76-142* ### Subtitle 14 ### Subtitles 15 to 20 ### Subtitle 21 – Prohibited Conduct; Penalties #### § 21-1 Rules and regulations. Balt., Md., Code art. 24, § 21-1 (2026) No person may violate any rule or regulation adopted under § 1-1 of this article to protect the City’s water supply and facilities. *History: Ord. 02-476* #### § 21-2 Suspension, etc., of certain uses. Balt., Md., Code art. 24, § 21-2 (2026) No person may violate any order issued under § 1-6 of this article to suspend, condition, limit, or temporarily prohibit the use of water. *History: Ord. 02-476* #### § 21-3 Injuring fire hydrants. Balt., Md., Code art. 24, § 21-3 (2026) No person may wilfully injure or deface any fire hydrant belonging to the City. *History: Rev. Ords. 1858-043* *History: Ord. 1859-080* *History: Ord. 50-1141* *History: Ord. 02-476* #### § 21-4 Wrongful use after cut-off. Balt., Md., Code art. 24, § 21-4 (2026) No person may, without authorization from the Department of Public Works, connect with any water pipe that belongs to the City or otherwise turn on the water to any premises to which the water was turned off by an officer of the Department. *History: Rev. Ords. 1858-043* *History: Ord. 1880-043* *History: Ord. 50-1393* *History: Ord. 76-142* *History: Ord. 02-476* #### § 21-5 Refusal of entry. Balt., Md., Code art. 24, § 21-5 (2026) No person may refuse to permit an agent of the Department of Public Works to visit his, her, or its premises in the discharge of that agent’s official duties. *History: Rev. Ords. 1858-043* *History: Ord. 50-1393* *History: Ord. 02-476* #### § 21-6 Interference with equipment; Illegal use of water. Balt., Md., Code art. 24, § 21-6 (2026) (a) This section does not apply to the lawful governmental regulation of water companies, their canals, springs, reservoirs, tunnels, mounds, dams, plugs, fire hydrants, mains, pipes, conduits, connections, taps, valves, engines, and machinery. (b) Unless authorized by law or by permit from the Department of Public Works, no person may: (1) connect, disconnect, tap, or interfere or tamper with any of the canals, springs, reservoirs, tunnels, mounds, dams, plugs, fire hydrants, mains, pipes, conduits, connections, taps, valves, engines, or machinery belonging to the City; (2) connect with any canal, spring, reservoir, tunnel, mound, dam, plug, fire hydrant, main, pipe, conduit, connection, tap, valve, engine, or machinery for the purpose of using or wasting water; (3) tamper in any way with any meter used to register water consumption; or (4) introduce water to any premises not entitled to use it. *History: Ord. 94-346* *History: Ord. 02-476* #### §§ 21-7 to 21-10 Balt., Md., Code art. 24, § 21-7 to 21-10 (2026) Reserved #### § 21-11 Enforcement by citation. Balt., Md., Code art. 24, § 21-11 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (i) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (ii) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 02-476* *History: Ord. 03-595* #### § 21-12 Criminal penalties. Balt., Md., Code art. 24, § 21-12 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 02-476* ## Article 25 – Sewers ### Subtitle 1 – Definitions; General Provisions #### § 1-1 Definitions. Balt., Md., Code art. 25, § 1-1 (2026) (a) Whenever the following words or phrases appear in this article, they shall have the following meanings. (b) “Biochemical oxygen demand” or “BOD” means the quantity of oxygen, expressed in mg/l or ppm, utilized in the biochemical oxidation of organic matter during incubation at 20° C. for a period of 5 days. The test shall be made in accordance with "Guidelines Establishing Test Procedures for the Analysis of Pollutants", 40 CFR Part 136. (c) “Bypass” means the intentional diversion of wastestreams from any portion of an industrial user’s treatment facility. (d) “City” means the Mayor and City Council of Baltimore acting as the legal entity known as the City of Baltimore. (e) “Combined sewer” means a pipe or sewer the purpose of which is to carry both: (1) sanitary wastewater or mixtures of sanitary and industrial wastewaters; and (2) storm and surface waters, ground drainage, and street washings. (f) “Director” or “Director of Public Works” means the Director of Public Works of the City of Baltimore or his delegated representative. (g) “Environmental Protection Agency” (“EPA”) means: (1) the U.S. Environmental Protection Agency or its successor agency; or (2) where appropriate, the administrator or other duly authorized official of that agency. (h) “Industrial wastewater” means all water-carried solid, liquid, or gaseous wastes or a combination thereof, resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resource. (i) “Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) inhibits or disrupts the publicly owned treatment works, its treatment processes or operations, or its sludge processes, use, or disposal; and (2) therefore is a cause of: (i) a violation of any requirement of the POTW’s National Pollutant Discharge Elimination System permit (including an increase in the magnitude or duration of a violation); or (ii) the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): (A) § 405 of the Clean Water Act; (B) the Solid Waste Disposal Act (“SWDA”) (including Title II, commonly referred to as the Resource Conservation and Recovery Act (“RCRA”), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA); (C) the Clean Air Act; (D) the Toxic Substances Control Act; and (E) the Marine Protection, Research and Sanctuaries Act. (j) “mg/l” means milligrams per liter, sometimes referred to as parts per million (“ppm”). (k) “Pass-through” means a discharge which exits the treatment plant into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the treatment plant’s NPDES permit (including an increase in the magnitude or duration of a violation). (l) (1) “Person”, “establishment”, “user”, “industrial user” (“IU”), “commercial user”, “discharger”, or “owner” means any “person”, as defined in § 1-107 of the City Code’s General Provisions Article, that discharges wastewaters to the municipal sanitary sewerage system. (2) When used in any clause imposing a penalty, the term “person”: (i) as applied to a partnership or association, includes the partners or members thereof; and (ii) as applied to a corporation, includes the officers thereof. (m) (1) “Pretreatment” means the reduction of the amount of pollutant, the elimination of pollutants, or the attenuation of the nature of pollutant properties in wastewater to a less harmful state prior or in lieu of discharging or otherwise introducing these pollutants into the system. (2) The reduction or alteration can be obtained by any means except as prohibited by federal, state, or local law. (n) “Private sewer” or “private drain” means a sewer or drain, either on public or private property, not owned by the City. (o) “Public sewer” or “public drain” means a sewer or drain owned and controlled by the City. (p) “Publicly owned treatment works” (“POTW”) or “wastewater treatment plant” means any arrangement of structures and devices for: (1) treating wastewaters or industrial wastewater; and (2) handling the sludge resulting from such treatment. (q) “Sanitary sewer” means a sewer or drain the specific purpose of which is to carry sanitary wastewater or mixtures of sanitary and industrial wastewaters, as herein defined. (r) “Sanitary wastewater” means a combination of water-carried wastes: (1) discharged from the sanitary conveniences of: (i) dwellings, including apartment houses and hotels; (ii) business buildings; (iii) institutions; and (iv) industrial establishments; and (2) free from stormwater, surface water, and industrial wastewater. (s) (1) “Sewer system” means the combination of the City’s sewers, pumping stations, force mains, and appurtenant structures or devices used for collecting wastewater. (2) “Sewer system” includes the wastewater treatment plant. (t) (1) “Significant industrial user” (“SIU”) shall mean: (i) any industrial user who, except as provided by paragraph (2) of this subsection: (A) is subject to federal categorical pretreatment standards; (B) discharges an average of 25,000 gallons or more per average work day of process wastewater (excluding non-contact cooling water, boiler blowdown, and sanitary wastestreams); or (C) has a flow greater than 5% of the average dry weather flow or organic capacity of the POTW; or (ii) any user who is found by the Director of Public Works, the State, or EPA to have significant impact, either singly or in combination with other contributing industries to the POTW, the quality of the sludge, the treatment plant’s effluent quality, or air emissions generated by the system. (2) Upon finding that any non-categorical industrial user meeting the criteria in paragraph (1) of this subsection has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user. (u) (1) “Storm sewer” or “storm drain” means a pipe or sewer the purpose of which is to carry storm and surface waters, ground drainage, and street washings. (2) It may, however, carry cooling waters, water condensates, unpolluted waters from any source, or wastewater permitted under the national pollutant discharge elimination system. (v) “Stormwater” means the excess water running off from the surface of a drainage area during and immediately following rain or as a result of other precipitation. (w) “Suspended solids” or “SS” means the laboratory determination of the dry weight, expressed in mg/l, of solids that either float on the surface or are in suspension and which can be removed from the wastewater in accordance with procedures given in 40 CFR 136, “Guidelines Establishing Test Procedures for the Analysis of Pollutants”. (x) “Total phosphorus” (“TP”) means the sum of the concentrations of various forms of phosphorus classified as orthophosphates, condensed phosphates, and organophosphates, expressed in mg/l, as determined by laboratory tests performed in accordance with 40 CFR Part 136, “Guidelines Establishing Test Procedures for the Analysis of Pollutants”. (y) “Toxic substance” means any substance, gaseous, liquid, or solid, which when discharged to a sewer or drain, may tend to: (1) interfere with any waste treatment process; (2) constitute a hazard to human beings or animals; (3) inhibit aquatic life; or (4) create a hazard to recreation, in the receiving water of the effluent from the wastewater treatment plant or from the storm sewer into which wastes are discharged. (z) (1) “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards or local limits because of factors beyond the reasonable control of the industrial user. (2) “Upset” does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (aa) “Wastewater” means any combination of sanitary and industrial wastewaters and such ground water and surface water as may be present. *History: Ord. 75-914* *History: Ord. 91-775* *History: Ord. 99-526* *History: Ord. 22-125* #### § 1-2 Rules and regulations. Balt., Md., Code art. 25, § 1-2 (2026) In order to properly carry out and enforce the provisions of this article, the Director of Public Works is hereby authorized, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to make, adopt, promulgate, and amend from time to time rules and regulations and operating procedures as he may deem necessary or proper to carry out and enforce the provisions of this article and which are not inconsistent therewith. *History: Ord. 91-775* *History: Text Conformed 02/23/21* #### § 1-3 Authorized representatives; certifications. Balt., Md., Code art. 25, § 1-3 (2026) (a) All applications, reports, or other information submitted to the Director shall be signed by an authorized representative. (b) (1) “Authorized representative” means: (i) (A) a responsible corporate officer such as a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function; (B) any other person who performs similar policy- or decision- making functions for the corporation; or (C) the manager of 1 or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25-million, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; (ii) a general partner or proprietor, if the industrial user is a partnership or sole proprietorship, respectively; or (iii) by a duly authorized representative of the individual designated in paragraph (i) or (ii) above if: (A) the authorization is made in writing by the individual described in paragraph (i) or (ii); (B) the authorization specifies either an individual or a position having: 1. responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or a position of equivalent responsibility; or 2. overall responsibility for environmental matters for the company; and (C) the written authorization is submitted to the Director. (2) If authorization under item (iii) is no longer accurate because a different individual or position has responsibility, a new authorization must be submitted to the Director prior to or together with any reports to be signed by an authorized representative. (c) With each submittal, the industrial user must provide to the Director, a certification statement: “I certify under penalty of law that this document and all attachments were prepared under my action or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” *History: Ord. 91-775* #### § 1-4 Falsifying information. Balt., Md., Code art. 25, § 1-4 (2026) Any person who knowingly makes any false statement, representation, record, report, plan, or other document filed with the Director of Public Works, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall be subject to a fine, imprisonment, or both as provided in § 23-4. *History: Ord. 84-129* *History: Ord. 91-775* #### § 1-5 Balt., Md., Code art. 25, § 1-5 (2026) Reserved #### § 1-6 Revision of article. Balt., Md., Code art. 25, § 1-6 (2026) The City reserves the right to amend this article in any manner and to establish more stringent limitations or regulations where deemed necessary to comply with the objectives of this article. *History: Ord. 84-129* *History: Ord. 91-775* #### § 1-7 Repeal of inconsistent provisions. Balt., Md., Code art. 25, § 1-7 (2026) This article regulating sewer construction, sewer use, wastewater discharges, and waste haulers shall supersede all previous regulations and policies of the City governing items covered in this article. All other articles and regulations, or parts thereof, inconsistent or conflicting with any part of this article are hereby repealed to the extent of such inconsistency or conflict. *History: Ord. 84-129* *History: Ord. 91-775* #### § 1-8 Balt., Md., Code art. 25, § 1-8 (2026) Reserved ### Subtitle 2 – Control of Sanitary and Storm Sewers #### § 2-1 Definitions. Balt., Md., Code art. 25, § 2-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Free-floating oil” means oil that can be removed in adequate facilities for gravity separation. (c) “Slug” means any discharge of significant quantities of water, sewage, or industrial waste which, in concentration of any given constituent or quantity of flow, could: (1) cause interference of the treatment works; (2) pass-through the POTW; (3) endanger sewer worker safety; (4) contaminate the sludge; or (5) cause a violation of any permit issued to the treatment plant. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* #### § 2-2 Scope of subtitle. Balt., Md., Code art. 25, § 2-2 (2026) The following restrictions are applicable to users of all sewers which are part of or tributary to the Baltimore City sewer system. *History: Ord. 84-129* *History: Ord. 91-775* #### § 2-3 Prohibited discharges into sanitary sewers. Balt., Md., Code art. 25, § 2-3 (2026) (a) No person shall discharge or cause to be discharged any stormwater, ground water, roof run-off, subsurface drainage, uncontaminated cooling water, or unpolluted water in any sanitary sewer. (b) (1) Stormwater runoff from limited areas which is likely to be polluted at times may be admitted to the system by a permit from the Director of Public Works. (2) Where storm sewers or drains are not or cannot be made available, limited quantities of approved water from installations such as swimming pools may be admitted to the sanitary sewers by a permit from the Director of Public Works. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* #### § 2-4 Prohibited discharges into sanitary or storm sewers. Balt., Md., Code art. 25, § 2-4 (2026) (a) No person shall discharge or cause to be discharged into any sanitary or storm sewer any of the following described substances, materials, liquids, or wastes. (b) (1) No person may discharge or cause to be discharged any flammable or explosive liquid, solid, or gaseous material or other substance which may be injurious to the system, including but not limited to any pollutant causing the wastestream to have a closed cup flashpoint of less than 140°F. or 60°C., using the test methods specified in the 40 CFR 261.21. (2) However, segregated solvents or quantities of solvents which can be separated from the wastestream through best management practices are strictly prohibited from discharge to the sanitary sewerage system. These materials are to be strictly controlled, and industries discharging detectable levels of these materials must have a solvent management plan, approved by the Director, in full force and effect. At no time shall the reading on an explosion hazard meter, at the point of the user’s discharge into the system, be greater than the level established by the Director. (c) No person may discharge or cause to be discharged liquids or vapors having a temperature sufficiently high: (1) to cause damage to the public sewers; (2) to cause vapors hazardous to personnel working in the sewers; or (3) causing the temperature of the influent at a wastewater treatment plant to exceed 104°F. or 40°C.; such temperatures unless otherwise noted to be 150°F. or 65°C. (d) (1) No person may discharge or cause to be discharged any solid or viscous substance in quantities capable of causing obstruction to the flow in sewers or interference with the option of the sewer system. (2) Such materials include, but are not limited to, ashes, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, paunch manure, hair, fleshings, entrails, lime slurries, concentrated distillery slops, chemical or plant residues, paraffins, bulk solids, and free floating oil. (e) No person may discharge or cause to be discharged any noxious or malodorous solid, liquid, or gas which, either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entrance into sewers for their maintenance and repair. (f) No person may discharge or cause to be discharged pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. (g) (1) Radioactive materials shall be discharged only after a permit is issued by the City of Baltimore. (2) The issuance of said permit shall be contingent upon the person being authorized to use radioactive materials by the State Department of the Environment, its successor, or other governmental agency empowered to regulate the use of radioactive materials. (3) In addition, the waste shall be discharged in strict conformity with current state and federal regulations and recommendations for safe disposal. (h) (1) In this subsection, “flow back” and “hydraulic fracturing” have the meanings stated in City Health Article § 7-501. (2) No person may discharge or cause to be discharged into any sanitary or storm sewer any flow back or other wastewater resulting from hydraulic fracturing. *History: Ord. 84-129* *History: Ord. 91-775* *History: Ord. 13-113* *History: Ord. 13-175* #### § 2-5 Limitations on discharges into sanitary sewers. Balt., Md., Code art. 25, § 2-5 (2026) (a) No discharge of the following materials shall be made into the sanitary sewers beyond the limits or conditions hereafter stipulated, or to be established by the Director of Public Works. (b) (1) No discharge may be made of petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through. These materials shall be limited on analysis to the concentration set by the wastewater discharge permit. (2) Where oils or greases, including those of animal and vegetable origin, are of the nature that they will solidify at temperatures of normal sewage and it is probable that they will collect in the sewer lines and contribute to clogging or, if non-petroleum oils and greases, can overload skimming and grease handling equipment or interfere with the treatment process, restrictions on discharge concentrations may be required. (c) (1) “Garbage” means solid waste: (i) from domestic and commercial preparation, cooking, and dispensing of food; and (ii) from the handling, storage, and sale of food products. (2) No discharge may be made of any garbage that has not been properly comminuted or shredded, as determined by the Director of Public Works. (d) (1) “pH” means the logarithm of the reciprocal of the hydrogen ion concentration of a solution. It indicates the intensity of acidity and alkalinity on a scale running from 0 to 14. A pH of 7.0 represents neutrality, values above 7.0 alkalinity, and below 7.0 acidity. (2) No discharge may be made of acids or alkalies: (i) having pH values, upon dilution in the immediate public sewer, lower than 6.0 or higher than 12.0; or (ii) which would in any way attack or corrode sewers or waste treatment equipment. (3) At no time shall the pH measured at the point of discharge be less than 5.0. Where concrete sewers without special protection are involved, a more neutral discharge may be required. (e) No discharge may be made of any wastewater containing toxic pollutants in sufficient quantity which, either alone or by interaction with other pollutants: (1) injure or interfere with any wastewater treatment process; (2) constitute a hazard to humans or animals; (3) create a toxic effect in the receiving waters of the system; or (4) cause the system to violate: (i) its national pollutant discharge elimination system permit or the state disposal system permit or both; or (ii) the receiving water quality standards. (f) No discharge may be made of any substance which may: (1) cause the treatment plant’s effluent or any other product of the treatment plant to be unsuitable for reclamation and reuse; or (2) interfere with reclamation process where the system is pursuing a reuse and reclamation program. (g) No discharge may be made of concentrated dye waste or other wastes high in color which are sufficiently strong to affect the color of the treatment plant effluent. (h) No discharge may be made of any wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes or for neutralizing said wastes. (i) (1) No discharge may be made of any excessive amounts of : (i) deionized water; (ii) steam condensate; (iii) distilled water; or (iv) single pass cooling water. (2) “Excess amounts” will be determined by the hydraulic loading on the sewer and POTW and the ability of each to handle the discharge. (j) No discharge may be made of any trucked or hauled pollutants, except at discharge points designated by the POTW. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* #### § 2-6 Prohibited discharges into storm drains. Balt., Md., Code art. 25, § 2-6 (2026) No person shall discharge into any storm drain any of the following materials: (1) free floating oil or emulsified oils which: (i) will accumulate in the drains or along banks of streams into which discharge is made; and (ii) will result in a readily discernable film on the receiving water or will accumulate on facilities or structures alongside or in the receiving waters; (2) acids or alkalies in concentrations sufficient to damage the drainage system or the waters into which the drains discharge; or (3) organic, chemical, or other pollutants that will deleteriously affect the water quality, as defined by the State Water Quality Standards, of the waters into which the drain will ultimately discharge. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* #### § 2-7 Excessive concentrations. Balt., Md., Code art. 25, § 2-7 (2026) Wastes containing permissible constituents, with BOD, suspended solids, total phosphorus, and, if so established, other concentrations greater than that set by the Director of Public Works: (1) will be subject to a sewer service surcharge, which is to be based upon the unit cost of handling and of treating the wastes at the receiving treatment plant; and (2) may be subject to discharge limitations. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* #### § 2-8 Special approval required for certain flows. Balt., Md., Code art. 25, § 2-8 (2026) Where average daily flows into the sanitary sewers are greater than 2% of the average daily flow at the wastewater treatment plant, or where flow occurs in slugs, the discharge shall be subject to review and special regulation or approval of the Director of Public Works before discharge is permitted. *History: Ord. 91-775* #### § 2-9 Required notices. Balt., Md., Code art. 25, § 2-9 (2026) (a) All users of the municipal sewer system shall immediately notify the Director and the POTW of all discharges that could cause problems within the sewer system or POTW, including any slug loadings that would violate any of the specific prohibitions of this subtitle or 40 CFR 403.5(b). (b) All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). *History: Ord. 91-775* #### § 2-10 Measurement of discharges to sanitary sewers. Balt., Md., Code art. 25, § 2-10 (2026) (a) All persons who: (1) discharge or desire to discharge to the sanitary sewers, industrial wastes or wastewaters other than sanitary, or (2) store, use, or generate toxic or prohibited substances and have access to the sewer system, shall furnish the City with data covering quantity and variations of flow and concentrations of constituents to be discharged, including averages and peaks or slugs, and volumes of toxic or prohibited substances stored and/or generated. (b) After the Director of Public Works has satisfied himself of the accuracy and completeness of the information provided, he shall determine what regulation of discharge is required and what permits, if any, are necessary. (c) Where the required data and information cannot be provided, the Director of Public Works: (1) may require installation of facilities for measuring flow and concentration of the discharge, at the expense of the user; and (2) will establish regulations, agreements, and charges based upon the results of these measurements. (d) (1) Upon request of the City, any discharger or potential discharger of industrial wastes into the treatment plant may be required to submit plans, reports, questionnaires, notices, or analytical data to evaluate waste discharge characteristics and ensure compliance with this article. (2) These required documents may include baseline monitoring reports, compliance reports, periodic self-monitoring reports, compliance schedule progress reports, violation reports, and notice of slug loadings, upset, bypass, or any other reporting requirement specified in 40 CFR 403.12. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 3 – Wastewater Discharge Permits #### § 3-1 Permit required. Balt., Md., Code art. 25, § 3-1 (2026) (a) (1) All industrial/commercial users proposing to connect or to discharge, directly or indirectly, into a public sanitary or combined sewer must apply for a wastewater discharge permit before connecting to or discharging into a public sanitary or combined sewer. (2) All industrial or commercial users connected to or discharging into a public sewer after June 28, 1984, must apply for a permit. (3) The discharge of industrial or commercial wastewater to the public sewer without having applied for a permit shall result in the assessment of penalties as provided by §§ 3-2 and 23-4. (b) These users include: (1) any user who is subject to national categorical pretreatment standards; (2) any significant industrial user; (3) any user whose discharge would be in violation of Subtitle 2 {“Control of Sanitary and Storm Sewers”} of this article; (4) any user regulated by state pretreatment requirements; (5) any user using, storing, or generating prohibited, toxic, or priority pollutants; and (6) any other user as required by the Director. (c) No industrial/commercial user shall discharge wastewater directly or indirectly into a public sewer except pursuant to and in accordance with a wastewater discharge permit, when determined by the Director that a permit is required. *History: Ord. 84-129* *History: Ord. 91-775* #### § 3-2 Applications. Balt., Md., Code art. 25, § 3-2 (2026) (a) Users seeking a wastewater discharge permit shall complete and file with the Director of Public Works an application in the form prescribed by the Director. (b) The applicant shall be required to submit, in units and terms appropriate for evaluation, the following information, if applicable: (1) name, address, and standard industrial classification (“SIC”) number of applicant; (2) nature of process; (3) volume and rate of flow of wastewater to be discharged; (4) wastewater constituents and characteristics, including but not limited to those mentioned in this subtitle, as determined by a laboratory approved by the Director; (5) time and duration of discharge and hours of operation; (6) average and peak wastewater flow rates, including daily, monthly, and seasonal variations, if any; (7) production quantities and mass discharge rate; (8) description of activities, facilities, and plant processes on the premises, including all materials, processes, and types of materials which are or could be discharged; and (9) any other information as may be deemed by the Director to be necessary to evaluate the permit application. *History: Ord. 84-129* *History: Ord. 91-775* #### § 3-3 Evaluation and issuance. Balt., Md., Code art. 25, § 3-3 (2026) (a) (1) The Director will evaluate the data furnished by the user and may require additional information. (2) After evaluation and acceptance of the data furnished, an on-site inspection of the waste discharge system, treatment system, or other systems relating to the waste discharge may be required. (b) The Director may then issue a wastewater discharge permit subject to terms and conditions provided herein. *History: Ord. 84-129* *History: Ord. 91-775* #### § 3-4 Permit fee. Balt., Md., Code art. 25, § 3-4 (2026) (a) A wastewater discharge permit fee may be established by the Director of Public Works. (b) (1) Such a fee shall be based on the City’s costs of operating the industrial waste control program. (2) Costs shall include, but not be limited to, issuance of permits, inspection of facilities, sampling, testing, and operation of the City’s industrial wastes laboratory. *History: Ord. 84-129* *History: Ord. 91-775* #### § 3-5 Permit conditions - in general. Balt., Md., Code art. 25, § 3-5 (2026) (a) Wastewater discharge permits shall be subject to: (1) all provisions of this article; and (2) all other regulations, user charges, and fees established by the City. (b) The conditions of wastewater discharge permits shall be uniformly enforced by the Director of Public Works in accordance with this article, and applicable state and federal regulations. (c) In the event of conflict between local, state, or federal regulations, the most stringent regulation shall be enforced by the Director. (d) The terms and conditions of the permit may be modified or changed by the City during the life of the permit: (1) as limitations or requirements imposed by federal, state, or local laws or regulations are modified or changed; or (2) to protect the POTW from interference, pass-through, or contamination of treatment by-products. *History: Ord. 91-775* #### § 3-6 Permit conditions - specific requirements. Balt., Md., Code art. 25, § 3-6 (2026) (a) (1) “New source” means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Federal Water Pollution Control Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (i) the building, structure, facility, or installation is constructed at a site at which no other source is located; (ii) the building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (iii) the production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (1)(ii) or (iii) of this subsection but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this subsection has commenced if the owner operator has: (i) begun or caused to begin as part of a continuous on-site construction program: (A) any placement, assembly, or installation of facilities or equipment; or (B) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (ii) entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (b) Permits shall contain the following: (1) the average and maximum concentrations and/or loadings of permitted wastewater constituents; these limitations will be based upon applicable federal general and categorical pretreatment standards for new and existing sources per 40 CFR Subchapter N, Parts 401 through 471, local limits, and/or state and local laws; (2) self-monitoring, sampling, reporting, notification, and record-keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and/or state and local laws; (3) requirements for submission of technical reports, discharge reports, waste disposal reports, or other reports as necessary; (4) requirements for: (i) maintaining plant records relating to wastewater discharge, as specified under § 21-1 of this article; and (ii) affording the City access thereto; (5) requirements for amending the permit if discharge is significantly changed; (6) effective date and expiration date; (7) statement of non-transferability, as specified in § 3-10 of this subtitle; (8) statement of applicable civil and criminal penalties for violation of pretreatment standards, requirements, and any applicable compliance schedule; and (9) other conditions as deemed appropriate by the Director to insure compliance with this article and with state and federal pretreatment standards and requirements. (c) (1) Permit requirements based upon federal standards may not be waived. (2) No consideration will be given to a request for a waiver of federal general or categorical pretreatment standards. *History: Ord. 84-129* *History: Ord. 91-775* #### § 3-7 Permit conditions - compliance required. Balt., Md., Code art. 25, § 3-7 (2026) (a) No person shall discharge wastewaters in violation of the limitations set by the wastewater discharge permit. (b) Any person desiring to discharge wastewater or use facilities which are not in conformance with the wastewater discharge permit should apply to the Director of Public Works for an amended permit. *History: Ord. 84-129* *History: Ord. 91-775* #### § 3-8 Changes in operations. Balt., Md., Code art. 25, § 3-8 (2026) (a) Substantial changes in: (1) business location; (2) industrial process; (3) volume or characteristics of pollutants in the discharge; (4) quantity or quality of discharge; or (5) in chemical storage practices, shall be reported to the Director. (b) Advance notice is required for anticipated facility expansions and for production increases, decreases, or modifications which could result in the change of the quantity or quality of discharged pollutants. *History: Ord. 91-775* #### § 3-9 Term and reissuance of permits. Balt., Md., Code art. 25, § 3-9 (2026) (a) (1) Permits shall be issued for a specified time period, not to exceed 5 years. (2) A permit may be issued for a period of less than a year or may expire on a specific date. (b) (1) Any user desiring to appeal a permit determination must provide comments to the Director within 15 days of receipt of the permit. (2) If any user disagrees with or is aggrieved by any determination or decision which is made, rendered, issued, or given under the provisions of this section, such user may appeal as provided in § 21-7 of this article. (c) The user shall apply for permit reissuance at least 30 days prior to the expiration of the user’s existing permit. *History: Ord. 84-129* *History: Ord. 91-775* #### § 3-10 Permit transfers. Balt., Md., Code art. 25, § 3-10 (2026) (a) Wastewater discharge permits are issued to a specific user for a specific operation. (b) (1) A wastewater discharge permit shall not be reassigned or transferred or sold a new owner, new user, or a new or changed operation without the prior written approval of the Director. (2) A permit shall not be transferred to any other location. *History: Ord. 84-129* *History: Ord. 91-775* #### § 3-11 Suspension of permit. Balt., Md., Code art. 25, § 3-11 (2026) (a) A user’s wastewater discharge permit may be suspended: (1) for any violation of this article or applicable state and federal regulations; or (2) for failure to act in strict accordance with the conditions of the user’s wastewater discharge permit, including: (i) failing to report or inaccurately reporting wastewater constituents and characteristics or changes therein; (ii) refusing right of entry guaranteed by §§ 4-8 and 21-5 of this article; (iii) failing to reapply for a permit or to request a required permit modification; or (iv) failing to pay the required permit fee. (b) (1) The Director shall provide prior notice of the suspension as is in his opinion reasonably permitted by the circumstances. (2) If such notice does not conform to §§ 21-6 and 22-1 of this article and the suspension is expected to continue or has continued in effect for more than 48 hours, the Director shall provide notice as set forth in said §§ 21-6 and 22-1 after the suspensions have taken effect. (3) This provision is in addition to statutes, rules, or regulations authorizing termination of service, including termination of existing wastewater connections, for delinquency in payment. *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 4 – Sampling and Monitoring #### § 4-1 In general. Balt., Md., Code art. 25, § 4-1 (2026) (a) The Director of Public Works shall require significant users to provide results of periodic measurements of discharges, including chemical analyses and flow. (b) The Director may require a monitoring facility to be furnished and operated at user’s expense. (c) All dischargers making periodic measurements shall furnish and install at an appropriate location, a calibrated flume, weir, flow meter, or similar device suitable to measure flow rate and total volume approved by the Director. (d) In lieu of wastewater flow measurement, the Director may accept records of water usage, and may adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge. *History: Ord. 84-129* *History: Ord. 91-775* #### § 4-2 Scope and frequency of reports. Balt., Md., Code art. 25, § 4-2 (2026) (a) (1) Significant industrial users shall submit a minimum of semi-annual reports (on dates specified by the City) indicating flows and the nature and concentration of pollutants in the discharge. (2) The specific standards or the City itself may require these reports to be filed more frequently. (b) Other users may be required to submit reports as directed by the City. *History: Ord. 91-775* #### § 4-3 Required sampling and analytical techniques. Balt., Md., Code art. 25, § 4-3 (2026) (a) All analyses, including sampling techniques submitted in support of any application, report, or evidence, or required by any permit or order, shall be performed in accordance with 40 CFR Part 136 and amendments thereto. (b) Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the administrator (as defined in 40 CFR Part 136) determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City or other persons approved by the administrator. (c) All procedures must be performed by laboratories approved by the Director. *History: Ord. 91-775* #### § 4-4 Violations discovered by self-monitoring. Balt., Md., Code art. 25, § 4-4 (2026) (a) Whenever self-monitoring results indicate a violation, the user shall notify the Director within 24 hours of becoming aware of the violation. (b) (1) The user shall also repeat the sampling and analysis of the exceeded parameter(s) and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. (2) However, the industrial user is not required to resample if: (i) the City performs sampling at the industrial user at a frequency of at least once per month; or (ii) the City performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling. *History: Ord. 91-775* #### § 4-5 Additional monitoring to be reported. Balt., Md., Code art. 25, § 4-5 (2026) Any wastewater monitoring conducted more frequently than that required by the Director, using the procedures prescribed in this subtitle, shall be reported to the Director and included with the self-monitoring compliance report. *History: Ord. 91-775* #### § 4-6 Construction and placement of sampling and monitoring facilities. Balt., Md., Code art. 25, § 4-6 (2026) (a) (1) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Director of Public Works’ requirements and all applicable local construction standards and specifications. (2) Construction shall be completed within 90 days following written notification by the Director, unless a time extension is granted by the Director. (b) The monitoring facility should normally be situated on the user’s premises, but the Director of Public Works may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. *History: Ord. 84-129* *History: Ord. 91-775* #### § 4-7 Number of measurements; equipment. Balt., Md., Code art. 25, § 4-7 (2026) Significant users required by the Director of Public Works to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements as required in the wastewater discharge permit. When required by the Director, users shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment. *History: Ord. 84-129* *History: Ord. 91-775* #### § 4-8 Right of entry; inspections. Balt., Md., Code art. 25, § 4-8 (2026) (a) (1) Persons or occupants of premises where wastewater is generated or discharged shall allow the Director of Public Works and state and federal officials ready access at all times to all of those parts of the premises for purposes of sampling or performance of any other duties. (2) The Director shall have the right to set up on the user’s property such devices as are necessary to conduct sampling or metering operations. (3) Where a user has security measures in force, the user shall make the necessary arrangements with the security guards so that upon presentation of suitable identification, the Director shall be permitted to enter without unnecessary delay. (4) Failure to provide access will result in enforcement actions described in Subtitle 22 of this article. (b) (1) All sampling, analysis, and flow measurement procedures, equipment, results, and records shall be subject at any time to inspection by the Director of Public Works and by state and federal officials. (2) The Director shall have the right to copy industrial user records. *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 5 – Pretreatment #### § 5-1 In general. Balt., Md., Code art. 25, § 5-1 (2026) Users shall make wastewater acceptable under the limitations established by the permit before discharging to any public sanitary or combine sewer. *History: Ord. 84-129* *History: Ord. 91-775* #### § 5-2 Pretreatment standards and requirements. Balt., Md., Code art. 25, § 5-2 (2026) All industrial users shall comply with: (1) the Federal General Pretreatment Regulations in 40 CFR Part 403; (2) the applicable national categorical pretreatment standards set out in 40 CFR Subchapter N, Parts 401 through 471 upon promulgation; and (3) all applicable federal, state, or local requirements or standards. *History: Ord. 91-775* #### § 5-3 Schedule of compliance. Balt., Md., Code art. 25, § 5-3 (2026) (a) If pretreatment or operation and maintenance changes will be required for an industrial user to comply with any provisions of this article or any state or federal pretreatment standard or requirement, the City may require the industrial user to submit for approval a schedule specifying the shortest time frame for the industry to achieve compliance. (b) (1) Such schedule may not extend the compliance date beyond applicable federal deadlines. (2) This schedule will contain increments of progress in the form of dates for the commencement and completion of major events, leading to the construction and operation of the additional pretreatment to bring the industrial user into compliance. *History: Ord. 91-775* #### § 5-4 Pretreatment facilities and operations. Balt., Md., Code art. 25, § 5-4 (2026) (a) Any facilities required to pretreat wastewater to a level in compliance with the limitations set by the permit shall be provided and maintained at the user’s expense. (b) (1) Plans, compliance schedules, and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before construction of the facility. (2) The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Director under the provisions of this article and the wastewater discharge permit. (3) Acceptance of plans and operating procedures does not constitute acceptance of the level of the treatment provided by such facilities and operations. Nor does the City thereby accept any responsibility for, or provide any guarantee as to, the performance of the facilities and operations. (c) (1) Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Director. (2) No user shall increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any local, state, or federal discharge standard. *History: Ord. 84-129* *History: Ord. 91-775* #### § 5-5 Public notice of significant violators. Balt., Md., Code art. 25, § 5-5 (2026) (a) “Significant noncompliance” means significant violations which meet the criteria as defined by federal general pretreatment regulations (40 CFR Part 403.8): (1) chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a 6-month period exceed (by any magnitude) the daily minimum limit or the average limit for the same pollutant parameter; (2) technical review criteria (“TRC”) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a 6-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH); (3) any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Director determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public); (4) any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge; (5) failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance; (6) failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7) failure to accurately report noncompliance; or (8) any other violation or violations which the Director determines will adversely affect the operation or implementation of the local pretreatment program. (b) The City shall publish annually in the largest daily newspaper a list of industrial users which at any time during the previous 12 months were in significant noncompliance with applicable pretreatment requirements. *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 6 – Notice of Hazardous Waste Discharge #### § 6-1 Notice required. Balt., Md., Code art. 25, § 6-1 (2026) The IU shall notify: (1) the Director of Public Works; (2) the Director of the Regional Waste Management Division of the United States Environmental Protection Agency; and (3) the Director of the Solid and Hazardous Waste Management Administration of the Maryland Department of the Environment, in writing, of any discharge into the POTW of a substance, which, if otherwise disposed, would be a hazardous waste under 40 CFR Part 261. *History: Ord. 91-775* #### § 6-2 Contents of notice. Balt., Md., Code art. 25, § 6-2 (2026) Such notification shall include: (1) the identity of the waste as set forth in 40 CFR Part 261; (2) the EPA hazardous waste number; (3) the type of discharge (batch, continuous or other); and (4) if the IU discharges more than 220 pounds (100 kilograms) of such waste per calendar month to the POTW, the notification shall also contain the following information, to the extent each information is known and readily available to the user: (i) an identification of the hazardous constituents contained in the wastes; (ii) an estimation of the mass and concentration of such constituents in the wastestream discharged during the calendar month; and (iii) an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. *History: Ord. 91-775* #### § 6-3 Notice deadline. Balt., Md., Code art. 25, § 6-3 (2026) (a) Users who commence discharge after August 23, 1990, shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. (b) Any notification under this subtitle needs to be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted in accordance with 40 CFR 403.12(j). *History: Ord. 91-775* #### § 6-4 Notice under amended regulation. Balt., Md., Code art. 25, § 6-4 (2026) In the event of new regulations under § 3001 of the Resource Conservation Recovery Act identifying additional characteristics of hazardous wastes or listing any additional substance as a hazardous waste, the user must notify the individuals listed in § 6-1 above, or their authorized representatives, of the discharge of such substance(s) within 90 days of the effective date of such regulation. *History: Ord. 91-775* #### § 6-5 Program to reduce volume and toxicity. Balt., Md., Code art. 25, § 6-5 (2026) In the case of any notification made under this subtitle, the user must certify that a program has been implemented to reduce the volume and toxicity of hazardous waste generated, to the degree it has been determined to be economically practical. *History: Ord. 91-775* #### § 6-6 Exceptions. Balt., Md., Code art. 25, § 6-6 (2026) (a) This notification does not apply to pollutants already reported under self-monitoring requirements of 40 CFR 403.12(b), (d), and (e). (b) (1) Users are exempt from the requirements of this subtitle during a calendar month in which they discharge no more than 33 pounds (15 kg) of hazardous wastes, unless the wastes are acute hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e). (2) Discharge of more than 33 pounds (15 kg) of non-acute hazardous waste in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a 1-time notification. Subsequent months during which a user discharges more than such quantities of any hazardous waste do not require additional notification. *History: Ord. 91-775* ### Subtitle 7 – Upsets, Spills, and Accidental Discharges #### § 7-1 Protection against accidental discharges. Balt., Md., Code art. 25, § 7-1 (2026) (a) Each user shall provide protection from accidental discharge of prohibited materials or from other substances regulated by the article. (b) Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user’s cost and expense. (c) (1) A notice shall be permanently posted on the user’s bulletin hoard or other prominent place advising employees whom to call in the event of all accidental discharges. (2) Users shall insure that all employees who may cause or discover such a discharge are advised of the emergency notification procedures. *History: Ord. 84-129* *History: Ord. 91-775* #### § 7-2 Immediate notice required. Balt., Md., Code art. 25, § 7-2 (2026) (a) In the case of an accidental discharge, upset, or spill with the potential for discharge, it is the responsibility of the user to notify the Director of Public Works of the incident within 15 minutes of the occurrence. (b) The notification shall include: (1) location of discharge or potential discharge; (2) type of waste; (3) concentration and volume of material; and (4) corrective actions. *History: Ord. 84-129* *History: Ord. 91-775* #### § 7-3 Subsequent written report required. Balt., Md., Code art. 25, § 7-3 (2026) Within 5 days following the accident, the user shall submit to the Director a detailed written report describing: (1) the cause of the incident; (2) the volume of material discharged and/or contained; (3) a chronology of events from the time the incident was discovered until disposal has occurred; (4) material safety data sheets for the compound(s); and (5) the measures to be taken by the user to prevent similar future occurrences. *History: Ord. 84-129* *History: Ord. 91-775* #### § 7-4 User’s liability. Balt., Md., Code art. 25, § 7-4 (2026) Such notification shall not relieve the user of any expense, loss, damages, or other liability which may be incurred as a result of damage to the wastewater system, fish kills, or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. *History: Ord. 84-129* *History: Ord. 91-775* #### § 7-5 Upset as affirmative defense. Balt., Md., Code art. 25, § 7-5 (2026) (a) An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, provided the industrial user meets certain conditions. (b) An industrial user who wishes to establish the affirmative defense of upset must demonstrate through properly signed contemporaneous operating logs or other relevant evidence that: (1) an upset occurred and the industrial user can identify the cause or causes; (2) the facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operational and maintenance procedures; (3) the industrial user submitted the following information to the City within 24 hours of becoming aware of the upset: (i) a description of the indirect discharge and cause of noncompliance; (ii) the period of noncompliance, including exact dates and times, or if not corrected, the anticipated time the noncompliance is expected to continue; and (iii) steps being taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance; (4) if this information is provided orally, a written submission must follow within 5 days; and (5) the industrial user shall control production or all discharges to the extent necessary to maintain compliance with pretreatment standards upon loss, reduction, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. *History: Ord. 91-775* ### Subtitle 8 – Bypass of Treatment Facilities #### § 8-1 Scope of subtitle. Balt., Md., Code art. 25, § 8-1 (2026) An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of this subtitle. *History: Ord. 91-775* #### § 8-2 Bypass prohibited. Balt., Md., Code art. 25, § 8-2 (2026) (a) (1) “Severe property damage” means: (i) substantial physical damage to property; (ii) damage to treatment facilities which causes them to become inoperable; or (iii) substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. (2) “Severe property damage” does not include economic loss caused by delays in production. (b) Bypasses are prohibited. (c) (1) The Director may take enforcement action against an industrial user for a bypass unless: (i) the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) there were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and (iii) the industrial user submitted notices as required under this subtitle. (2) The condition in paragraph (1)(ii) of this subsection is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance. (3) The Director may approve an anticipated bypass after considering its adverse effects, if the Director determines that it will meet the 3 conditions listed in paragraph (1) of this subsection. *History: Ord. 91-775* #### § 8-3 Notice of anticipated bypass. Balt., Md., Code art. 25, § 8-3 (2026) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Director, if possible at least 10 days before the date of the bypass. *History: Ord. 91-775* #### § 8-4 Notice of unanticipated bypass. Balt., Md., Code art. 25, § 8-4 (2026) (a) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Director within 24 hours from the time the industrial user becomes aware of the bypass. (b) (1) A written submission shall also be provided within 5 days of the time the industrial user becomes aware of the bypass. (2) The written submission shall contain: (i) a description of the bypass and its cause; (ii) the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and (iii) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. (3) The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. *History: Ord. 91-775* ### Subtitles 9 to 10 ### Subtitle 11 – Waste Haulers #### § 11-1 Definitions. Balt., Md., Code art. 25, § 11-1 (2026) (a) “Scavenger vehicle” means any vehicle used in the transportation of wastewater. (b) “Waste hauler” means any person engaged in transportation or conveyance of wastewater for discharge directly or indirectly into the sewer system. *History: Ord. 91-775* #### § 11-2 Waste hauler permit required. Balt., Md., Code art. 25, § 11-2 (2026) (a) All waste haulers proposing to discharge wastewater into the sewer system must obtain a waste hauler permit before discharging wastewater to the sewer system. (b) No waste hauler shall discharge wastewater into the sewer system except pursuant to and in accordance with a waste hauler permit. (c) The discharge of trucked or hauled pollutants is prohibited except at discharge points designated by the POTW. *History: Ord. 84-129* *History: Ord. 91-775* #### § 11-3 Applications. Balt., Md., Code art. 25, § 11-3 (2026) (a) Waste haulers seeking a waste hauler permit shall complete and file with the Director of Public Works an application in the form prescribed by the Director and accompanied by the applicable fees. (b) The applicant shall submit, in units and terms appropriate for evaluation, the following information if applicable: (1) name and address of applicant; (2) volume of wastewater to be discharged; (3) wastewater constituents and characteristics, as determined by a laboratory approved by the Director and analyzed in accordance with 40 CFR Part 136, “Guidelines Establishing the Test Procedures for Analysis of Pollutants” as required by § 4-3 of this article; (4) name, location, and wastewater discharge permit number, if any, of the facility where the wastewater is generated; (5) a description of: (i) the processes generating the wastewater; and (ii) the types of materials which are or could be included in the wastewater; and (6) any other information as may be deemed by the Director to be necessary to evaluate the permit application. *History: Ord. 84-129* *History: Ord. 91-775* #### § 11-4 Evaluation, inspection, and issuance. Balt., Md., Code art. 25, § 11-4 (2026) (a) The Director of Public Works will evaluate the data furnished by the waste hauler and may require additional information. (b) After evaluation and acceptance of the data furnished, an inspection of the equipment to be used for transport of the wastewater and an inspection of the facilities where the wastewater is generated may be required. (c) The Director may then issue a waste hauler permit subject to terms and conditions provided herein. *History: Ord. 91-775* #### § 11-5 Permit conditions — in general. Balt., Md., Code art. 25, § 11-5 (2026) (a) (1) Waste hauler permits shall be subject to: (i) all provisions of this article; and (ii) all other regulations, user charges, and fees established by the City. (2) However, no person to whom a waste hauler permit has been issued shall be required to obtain a wastewater discharge permit with regard to discharges from scavenger vehicles. (b) The conditions of the waste hauler permits shall be uniformly enforced by the Director of Public Works, in accordance with this article and applicable state and federal regulations. (c) In the event of conflict between local, state, or federal regulations, the most stringent regulation shall be enforced by the Director. *History: Ord. 84-129* *History: Ord. 91-775* #### § 11-6 Permit conditions — terms and conditions. Balt., Md., Code art. 25, § 11-6 (2026) Permits may contain the following: (1) conditions applicable to wastewater discharge permits; (2) requirements for scavenger vehicles, including vehicle permit tags, type, equipment, maintenance, cleaning, identification, and limitations on other uses of such vehicles; (3) discharge procedures; (4) limitations as to time, location, volume, and flow of discharges; (5) requirements for inspection and sampling; (6) fee payment procedures; (7) limitations on constituents and materials to be discharged; (8) requirements for reports; (9) requirements for seeking amendment of the permit if discharge is significantly changed or if source of discharge is changed; and (10) other conditions as deemed appropriate by the Director to insure compliance with this article. *History: Ord. 84-129* *History: Ord. 91-775* #### § 11-7 Term, transfer, and suspension of permits. Balt., Md., Code art. 25, § 11-7 (2026) Waste hauler permits are subject to the same limitations on duration, transfer, and suspension as wastewater discharge permits as provided under §§ 3-9 through 3-11 of this article. *History: Ord. 84-129* *History: Ord. 91-775* #### § 11-8 Scavenger vehicle permit tags. Balt., Md., Code art. 25, § 11-8 (2026) No vehicle shall discharge any material into the sewer system unless the hauler: (1) has been issued a permit to do so; and (2) displays the appropriate identification and scavenger vehicle permit tag. *History: Ord. 91-775* #### § 11-9 Fees. Balt., Md., Code art. 25, § 11-9 (2026) (a) The Director of Public Works may establish a schedule of fees for: (1) waste haulier permits; (2) scavenger vehicle permit tags; and (3) discharges by waste haulers. (b) (1) Such fees shall be based on the City’s costs of providing services to waste haulers. (2) Costs may include, but not be limited to, issuance of permits, inspection, sampling, testing, and charges for use of the sewer system. *History: Ord. 84-129* *History: Ord. 91-775* #### § 11-10 Refusal of wastewater. Balt., Md., Code art. 25, § 11-10 (2026) (a) When, in the opinion of the Director of Public Works, a proposed discharge of wastewater: (1) will constitute: (i) a hazard to health, safety, or operation of the sewer system; or (ii) a violation of this article or of a waste hauler permit condition; or (2) may cause the violation of any restriction upon discharges from the sewer system, the Director may refuse discharge of said wastewater to the sewer system. (b) The Director: (1) may order any discharge in progress to be stopped; or (2) may order any waste hauler not to discharge into the sewer system. (c) A scavenger vehicle which contained wastewater refused by the Director shall be emptied and the storage tank and lines through which the refused wastewater passed shall be thoroughly cleaned before collecting any wastewater to be discharged into the sewer system. *History: Ord. 84-129* *History: Ord. 91-775* #### § 11-11 Reciprocity. Balt., Md., Code art. 25, § 11-11 (2026) (a) The City of Baltimore will accept permit inspections and approvals of waste haulers located in counties with similar programs for monitoring and regulating waste haulers. (b) Such waste haulers wishing to operate scavenger vehicles in the City of Baltimore: (1) will be required to apply for: (i) a waste hauler permit; and (ii) a City of Baltimore scavenger vehicle permit tag for each scavenger vehicle; (2) will not be required to pay any fees to the City for the waste hauler permit; and (3) will be required to pay: (i) fees for each scavenger vehicle permit tag; and (ii) fees for discharges to the sewer system. *History: Ord. 84-129* *History: Ord. 91-775* #### § 11-12 Sources outside City. Balt., Md., Code art. 25, § 11-12 (2026) All waste haulers providing waste removal services to sources of wastewater outside the limits of the City of Baltimore will include in their service contracts provisions allowing the director of public works of the applicable jurisdiction to inspect the source of wastewater to be discharged into the sewer system. *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 12 ### Subtitle 13 – Sewer Service Charges #### § 13-1 Charges imposed. Balt., Md., Code art. 25, § 13-1 (2026) (a) Charges are imposed for the use of and the services rendered by the plants, properties, works, systems, or facilities, or any part thereof, which are owned or controlled by the Mayor and City Council of Baltimore and which are used or useful in connection with the collection, treatment, or disposal of wastewaters, which includes any combination of sanitary and industrial wastewaters, and such ground water and surface water as may be present, upon the properties located in Baltimore City served thereby, and the owners of such properties, at the rate or rates hereinafter set forth. (b) (1) All properties located in Baltimore City which: (i) directly through pipes or conduits of any kind discharge; or (ii) indirectly through 1 or more pipes, conduits, gutters, streams, channels, or similar or other means or a series thereof discharge, either treated or untreated sewage or industrial waste or used water or wastewater, or any combination thereof, into the City’s sanitary facilities, or any part thereof shall be deemed to be served by the City’s sanitary facilities. (2) The phrase “discharged into the City’s sanitary facilities” as used in this subtitle shall mean directly or indirectly discharged into the City’s sanitary sewer system in the manner or by the means hereinbefore set forth. (3) The said charges shall not apply to properties which do not either directly or indirectly discharge sewage or industrial waste or used water or wastewater, or any combination thereof, into the City sanitary facilities or any part thereof. *History: Ord. 59-016* *History: Ord. 68-074* *History: Ord. 87-868* *History: Ord. 16-523* #### § 13-2 Calculation – In general. Balt., Md., Code art. 25, § 13-2 (2026) All charges imposed under this subtitle shall be: (1) based, except as otherwise provided in this subtitle, upon the water service available for, or the consumption of water on, the particular property served by the City’s sanitary facilities, as measured by the charges made for water supplied or made available by the City in and for the then current period; (2) in an amount calculated by utilizing the volume of water consumed or water service provided to a particular property in or for the then current period, multiplied by the periodically set rate for the then current period as set by the Board of Estimates in accordance with Article 24, Subtitle 3 of the City Code; and (3) assessed, due, and payable on a monthly basis. *History: Ord. 59-016* *History: Ord. 68-074* *History: Ord. 70-866* *History: Ord. 75-924* *History: Ord. 87-868* *History: Ord. 16-523* #### § 13-3 Calculation – Non-City water sources. Balt., Md., Code art. 25, § 13-3 (2026) (a) (1) On any property, and the owner thereof, which uses water, all or part of which water is from a source or sources other than the City’s water supply system, a charge is hereby imposed, separate and in addition to any other charge imposed under this subtitle, based on the consumption of water derived from, or based on water service made available by the City’s water supply system. (2) Such separate or additional charge shall be based on the quantity of water derived or received from any source or sources, other than the City’s water supply system, which is discharged into the City’s sanitary facilities from the property involved. (b) The owner of each such property shall install, without cost to the City, a meter or meters to measure the quantity of water received from any source or sources other than the City’s water supply system and which is discharged into the City’s sanitary system. No meter shall be installed or used for such purposes without the prior approval of the Director of Public Works. (c) In all cases where the water is discharged into the City’s sanitary facilities and (1) such water is derived or received partly from the City’s water supply system and partly from the source or sources other than the City’s water supply system, or (2) such water is derived or received entirely from a source or sources other than the City’s water supply system, such separate or additional charge shall be the same in amount and shall be calculated on the same basis as though all of the water had been received or derived from the City’s water supply system. (d) If the owner of any such property fails to install an approved meter or meters: (1) the Director of Public Works shall: (i) determine the amount of water from any source or sources other than the City’s water supply system which is discharged into the City’s sanitary facilities from the particular property; and (ii) furnish to the Director of Finance of the City the amount of such water determined as aforesaid; and (2) the particular property involved, and the owner thereof, shall be liable for such separate and additional charge calculated and based upon the aforesaid amount of such water determined by the Director of Public Works as aforesaid. (e) The owner of every property which uses water on said property, all or part of which is received or derived from a source or sources other than the City’s water supply system and all or part of which water is discharged into the City’s sanitary facilities, shall, within 20 days after this subtitle becomes effective or within 20 days after such condition commences, inform the Director of Public Works in writing of such condition, if the Director of Public Works has not been so notified under the provisions of any prior ordinance. *History: Ord. 59-016* *History: Ord. 76-141* *History: Ord. 87-868* #### § 13-4 Exceptions. Balt., Md., Code art. 25, § 13-4 (2026) (a) Whenever any property upon which the charge imposed hereunder uses water from the City’s water supply system or any other source or sources in such a manner that the water so used is not discharged into the sanitary facilities of the City, the quantity of water so used and not discharged into the City’s sanitary facilities shall be excluded in determining the charge imposed hereunder as to said property if the quantity of water so used and not discharged into the City’s sanitary facilities is measured by a device or devices approved by the Director of Public Works and installed without cost to the City. (b) Whenever any property upon which the charge imposed hereunder uses water from the City’s water supply system or from any other source or sources for an industrial or commercial purpose in such a manner that the water so used is discharged into the storm drain facilities of the City, the quantity of water so used and discharged into the City’s stone drain system shall be excluded in determining the charge imposed hereunder as to said property if the quantity of water so used and discharged into the City’s storm drain system is measured by a device or devices approved by the Director of Public Works and installed without cost to the City and the owner of said property first obtains a storm drain discharge permit and complies with all federal, state and local rules and regulations covering the discharge of wastewaters to surface waters. (c) (1) In any case where it is determined by the Director of Public Works that it is not practical to install a measuring device in connection with an industrial or commercial operation to determine continuously the quantity of water not discharged into the City’s sanitary facilities, the Director of Public Works: (i) shall determine periodically in such reasonable manner and by such reasonable method as he may adopt, the quantity of water which is not discharged into the City’s sanitary facilities; and (ii) in connection therewith, shall take into consideration: (A) the total amount of water from all sources used on the property; (B) the nature, kind, and type of industrial or commercial business being operated on said property; and (C) the operational processes used in connection therewith. (2) The quantity of water which is not discharged into the City’s sanitary facilities as determined by the Director of Public Works as aforesaid shall be excluded in determining the charge imposed hereunder. *History: Ord. 59-016* *History: Ord. 76-141* *History: Ord. 87-868* *History: Ord. 11-518* #### § 13-5 Storm drain discharge permits. Balt., Md., Code art. 25, § 13-5 (2026) (a) The owner of any particular property served by the City’s storm drain system desiring to obtain a sewer use charge exemption for wastewaters discharged to the storm drain and the owner of any particular property served by the City’s storm drain system designated by the Director of Public Works as requiring a permit because of the quantity and/or quality of discharge, must obtain a storm drain discharge permit from the Director of Public Works or his designated representative. (b) Property owners seeking a storm drain discharge permit shall complete and file with the Director of Public Works an application in the form prescribed by the Director, and accompanied by the applicable fees. (c) The applicant shall be required to submit, in units and terms appropriate for evaluation, the following information if applicable: (1) name, address, and Standard Industrial Classification (SIC) number of applicant; (2) volume of wastewater to be discharged; (3) wastewater constituents and characteristics designated by the Director; (4) time and duration of discharge; (5) average and peak wastewater flow rates, including daily, monthly, and seasonal variations, if any; (6) description of activities, facilities, and plant processes on the premises, including all materials, processes, and types of materials which are or could be discharged; and (7) any other information as may be deemed by the Director to be necessary to evaluate the permit application. (d) (1) Storm drain discharge permits shall be subject to all regulations and fees established by the City. The conditions of storm drain discharge permits shall be uniformly enforced by the Director of Public Works in accordance with local, state and federal regulations. In the event of conflict between local, state or federal regulations, the most stringent regulation shall be enforced by the Director. (2) Permits may contain the following: (i) the average and maximum wastewater constituents and characteristics; (ii) limits on rate and time of discharge or requirements for flow regulation and equalization; (iii) requirements for installation of inspection and flow monitoring facilities; (iv) pretreatment requirements; (v) requirements for submission of technical reports or discharge reports; (vi) requirements for maintaining plant records relating to wastewater discharge; (vii) mean and maximum mass discharge rates, or other appropriate limits when incompatible pollutants are proposed or present in the discharge; and (viii) specifications for monitoring programs, which may include: (A) sampling locations; (B) frequency and method of sampling; (C) number and types of tests; and (D) reporting schedules. (3) The terms and conditions of the permit may be subject to modification and changed by the City during the life of the permit as limitations or requirements are modified and changed. The owner shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (e) No person shall discharge wastewaters in violation of the limitations set by the storm drain discharge permit. Any person desiring to discharge wastewater or use facilities which are not in conformance with the storm drain discharge permit shall apply to the Director of Public Works for an amended permit. (f) (1) Permits shall be issued for a specific time period, not to exceed 5 years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. (2) If the owner is not notified by the Director 30 days prior to the expiration of the permit, the permit shall be extended 1 additional year. (g) Storm drain discharge permits are issued to a specific owner for a specific operation. A storm drain discharge permit shall not be reassigned, transferred, or sold to a new owner, new user, or a new or changed operation without the prior written approval of the Director. A permit shall not be transferred to any other location. (h) An owner’s storm drain discharge permit may be suspended for any violation of applicable local, state, and federal regulations or for failure to act in strict accordance with the conditions of the user’s storm drain discharge permit, including failure to report or inaccurately reporting wastewater constituents and characteristics or changes therein. The Director shall provide whatever prior notice of the suspension which is, in his opinion, reasonably permitted by the circumstances. (i) Storm drain discharge permit fees shall be established by the Director of Public Works. The fees shall be based on the City’s cost of operating the storm drain discharge program. Costs may include, but not be limited to, issuance of permits, inspection of facilities, sampling, testing, and the cost of building and maintaining the storm drain system. The fees shall reflect quantity and quality of flow. *History: Ord. 87-868* #### § 13-6 Unusual circumstances. Balt., Md., Code art. 25, § 13-6 (2026) In all cases where: (1) the amount of water from any particular property which is being discharged into the City’s sanitary facilities cannot be reasonably determined under any of the provisions of this subtitle; or (2) unusual or extraordinary circumstances or conditions exist in connection with the discharge of water into the City’s sanitary facilities and which are not covered by the provisions of this subtitle, the Director of Public Works shall have the power and authority to determine the amount of water being discharged into the City’s sanitary facilities under the facts and circumstances in each case and the charges imposed under this subtitle shall be calculated and based upon the amount of water being discharged into the City’s sanitary facilities as determined by the Director of Public Works as aforesaid. *History: Ord. 59-016* *History: Ord. 87-868* #### § 13-7 Administrative review. Balt., Md., Code art. 25, § 13-7 (2026) (a) In the event that any particular property owner who is legally liable for the payment of the charges imposed under this subtitle disagrees with or is aggrieved by any determination, decision, order, or notice of any kind, which is made, rendered, issued, or given under the provisions of this subtitle, such property owner, within 20 days after notice of any such determination, decision, order, or notice has been given to or mailed to such property owner shall have the right to take such action as may be necessary or proper to bring the matter in dispute before the Board of Municipal and Zoning Appeals for review by it. (b) (1) Upon reasonable notice in accordance with its rules and the provisions of the Baltimore City Charter, the Board shall determine whether or not the determination, decision, order or notice which is the subject of review is proper or correct. (2) The Board, by a majority vote thereof, shall have the power and authority to reverse or affirm, wholly or partly, or may modify the determination, decision, order, or notice appealed from, and may give or make such determination, decision, order, requirement or notice as ought to be made, provided, however, that nothing contained herein shall be taken or construed as authorizing the Board to waive, set aside, or in any manner change any specific provision or provisions of this subtitle. *History: Ord. 59-016* *History: Ord. 87-868* #### § 13-8 Meters. Balt., Md., Code art. 25, § 13-8 (2026) (a) All meters or other measuring devices installed or required to be used under the provisions of this subtitle shall be subject to inspection by, and under the control of, the Director of Public Works. (b) The owner of the property upon which any such meter or measuring device is installed shall be responsible for its proper repair, maintenance, and safe keeping. All repairs thereto shall be made at the cost and expense of such owner, whether such repairs are made necessary by ordinary wear and tear or any other cause or causes. *History: Ord. 59-016* *History: Ord. 76-141* *History: Ord. 87-868* #### § 13-9 Collections. Balt., Md., Code art. 25, § 13-9 (2026) (a) (1) All charges imposed under this subtitle shall be due and payable at the same time that charges made by the City for supplying water or water service are due and payable. (2) These charges: (i) shall be billed by the same agency of the City that renders bills for water service; (ii) may be included in the same bills rendered for water charges or stated in separate bills; and (iii) shall be collected by the Director of Finance, at the same time or times and in the same manner and subject to the same interest rates and penalties provided for nonpayment of charges for supplying water. (3) This section applies to all properties and the owners of properties that are subject to the payment of the charges imposed under this subtitle, without regard to the source of water used on those properties. (b) (1) All bills in arrears for charges imposed under this subtitle may be deemed a sufficient reason for discontinuing water furnished by the City until all such charges and interest and penalties have been paid in full. (2) Whenever water is shut off for nonpayment of the charges imposed hereunder, the sum specified in Article 24, § 2-3 of the City Code shall be paid to the Director of Finance before the water supply is turned on again. *History: Ord. 59-016* *History: Ord. 76-141* *History: Ord. 87-868* *History: Ord. 08-042* #### § 13-10 Charges to be liens. Balt., Md., Code art. 25, § 13-10 (2026) The charges imposed under this subtitle and all increases, interest, and penalties thereon shall be a lien upon the property of any person liable to pay the same to the City. Such lien shall be recorded in the Tax Lien Records maintained by the Department of Finance. *History: Ord. 59-016* *History: Ord. 76-141* *History: Ord. 87-868* *History: Ord. 16-523* #### § 13-11 Regulations. Balt., Md., Code art. 25, § 13-11 (2026) (a) In order to properly carry out and enforce the provisions of this subtitle and to collect the charges levied and imposed under this subtitle, the Director of Finance is hereby authorized and empowered, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to make, adopt, promulgate, and amend, from time to time, such rules and regulations as deemed necessary or proper to: (1) carry out and enforce the provisions of this subtitle; (2) fully collect the charges imposed under this subtitle; and (3) define or construe any of the terms and provisions used in this subtitle in connection with the imposition or collection of said charges. (b) In order to properly carry out and enforce the provisions of this subtitle, the Director of Public Works is hereby authorized and empowered, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to make, adopt, promulgate, and amend, from time to time, such rules and regulations deemed necessary or proper to carry out and enforce the provisions of this subtitle. *History: Ord. 59-016* *History: Ord. 76-141* *History: Ord. 87-868* *History: Text Conformed 02/23/21* #### § 13-12 Penalties. Balt., Md., Code art. 25, § 13-12 (2026) Every person or other legal entity who shall: (1) participate or aid in any manner in the evasion of the charges imposed under this subtitle; or (2) violate any of the provisions of this subtitle or any of the rules or regulations made, adopted, or promulgated under the provisions of this subtitle, shall be guilty of a misdemeanor and, upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than $500 or imprisonment not exceeding 6 months, or both, in the discretion of the court, for each such offense. *History: Ord. 59-016* *History: Ord. 76-141* *History: Ord. 87-868* ### Subtitle 14 – Surcharge for Industrial Wastewater #### § 14-1 Surcharge imposed. Balt., Md., Code art. 25, § 14-1 (2026) (a) In addition to normal sewer charges, which are based on the volume of wastewater discharged into the public sanitary sewers, there shall be levied a surcharge for discharging into the sanitary sewer system any wastewater which exceeds the maximum values of polluting materials established by the surcharge formula in § 14-3 of this subtitle. (b) There is hereby imposed an annual surcharge, established by the surcharge formula in § 14-3 of this subtitle, for the use of, and the services rendered by, the plants, properties, works, systems, or facilities, or any part thereof, which are owned or controlled by the City, for discharging any wastewater into the sanitary sewer system and/or storm sewer system which exceeds the maximum values of polluting materials. *History: Ord. 75-914* *History: Ord. 76-131* *History: Ord. 84-129* *History: Ord. 91-775* #### § 14-2 By whom payable; annual basis. Balt., Md., Code art. 25, § 14-2 (2026) (a) The surcharge imposed hereunder shall be on a calendar year basis at the annual rate as established by the surcharge formula in § 14-3 of this subtitle. (b) Such surcharge shall be applicable to all establishments that discharge directly or indirectly into the City sewer system and shall be payable to the City on an annual basis. (c) The provisions of this subtitle shall apply to all properties and the owners thereof which are subject to the payment of the surcharge imposed under this subtitle, without regard to the source or sources of water used on said properties. *History: Ord. 75-914* *History: Ord. 76-131* *History: Ord. 84-129* *History: Ord. 91-775* #### § 14-3 Computation of surcharge. Balt., Md., Code art. 25, § 14-3 (2026) (a) Surcharges shall be based upon the average volume and concentration of flow discharged to the sanitary sewer, multiplied by factors expressing the costs of treating the constituents covered by the formula. (b) The amount of total surcharge will be determined from the following formula: V x 8.34 x Fa (BOD - 300 mg/1) + V x 8.34 x Fb (SS - 300 mg/1) + V x 8.34 x Fc (TP -12 mg/1) where: V = volume of waste in millions of gallons discharged to the public sewer tributary to the treatment plants. Fa = cost per pound (in dollars) of removing BOD constituents from the wastewater, expressed to the nearest tenth of a cent. Fb = cost per pound (in dollars) of removing suspended solids from the wastewater, expressed to the nearest tenth of a cent. Fc = cost per pound (in dollars) of removing total phosphorus from the wastewater, expressed to the nearest tenth of a cent. BOD = biochemical oxygen demand. SS = suspended solids. TP = total phosphates. (c) (1) 300 mg/1-maximum milligrams per liter by weight of BOD and SS allowable without payment of surcharge. (2) 12 mg/l-maximum milligrams per liter by weight of TP allowable without payment of surcharge. (d) Until a reliable cost can be established for treating each constituent at the City treatment plants, the cost factor may be based upon the average cost of treating those constituents at other plants having like or similar processes and effluent requirements. (e) Should it become necessary to place a surcharge on other constituents, charges will be computed in the same manner. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* #### § 14-4 Measuring volume of flow. Balt., Md., Code art. 25, § 14-4 (2026) (a) Where the person or establishment purchases all of its water from the City and discharges all of it as wastewater to the sewer system, the volume of water purchased shall be used as a measure of the quantity of industrial wastewater discharged. (b) (1) Where the person or establishment purchases its water from the City and discharges only a part of it to the sewer system: (i) an allowance for water not put into the sewer system shall be made in computing wastewater flow; or (ii) flow shall be measured separately before it discharges to the sewer system. (2) The person or establishment shall provide, at its own expense, metering facilities as required to indicate accurately to the satisfaction of the City: (i) the amount of water claimed as a credit; or (ii) the flow discharging to the sewer system. (3) The Director shall determine which method is acceptable. (4) Whenever a computation is used to determine credit, the industrial user shall submit the data to the Director. Failure to submit the required data within the period specified by the Director will result in the forfeiture of the credit. (c) Whenever a person or establishment using a private water supply discharges wastewater to the sewer system, either sanitary or (where allowed) storm, the flow will be based upon: (1) metered use of water in the establishment or in that portion of the establishment discharging wastewater to the public sewer; or (2) metered flow discharged to the sewer system. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* #### § 14-5 Disputed determinations. Balt., Md., Code art. 25, § 14-5 (2026) In all cases where the volume of industrial wastewater and/or the cost of treating the constituents covered by the formula based on the type of discharge from any particular property which is being discharged into the City’s sewage system or storm drain facilities cannot be reasonably agreed upon between the person discharging said industrial wastewater and the Director: (1) the Director of Public Works or his delegate shall have the authority to determine the volume of industrial wastewater being discharged into the City’s sewage system or storm drain facilities and/or the cost for treating the constituents covered by the formula of the discharge under the facts and circumstances in each case; and (2) the charges imposed under this subtitle shall be calculated and based upon the volume of industrial wastewater and/or the cost for treating the constituents covered by the formula of the discharge being discharged into the City’s sewage system or storm drain facilities as determined by the Director of Public Works or his delegate as aforesaid. *History: Ord. 76-131* *History: Ord. 84-129* *History: Ord. 91-775* #### § 14-6 Billings; due date. Balt., Md., Code art. 25, § 14-6 (2026) (a) All surcharges shall be billed by the Department of Finance of the City. Said surcharges may be included in the same bills rendered for water charges, or stated in separate bills, and shall be collected by the Department of Finance of the City. (b) All surcharges imposed under this subtitle shall be due and payable on the January 1 of each year. (c) Any surcharge unpaid on April 1 of such taxable year shall be considered in arrears and delinquent and all water services shall be subject to turn-off for nonpayment of such surcharge at any time thereafter. *History: Ord. 76-131* *History: Ord. 84-129* *History: Ord. 91-775* #### § 14-7 Administrative penalties. Balt., Md., Code art. 25, § 14-7 (2026) (a) For all surcharges due and payable or which are overdue and in arrears on and after January 1, there are hereby imposed the following penalties, which include interest at the rate of 8% per annum, on all such surcharges becoming in arrears, the same to be imposed in or for the year for which such surcharges were levied: (1) 1⅓% on April 1 on surcharges remaining unpaid at the end of the month of March; (2) 2⅔% on May 1 on surcharges remaining unpaid at the end of the month of April; (3) 4% on June 1 on surcharges remaining unpaid at the end of the month of May; (4) 5⅓% on July 1 on surcharges remaining unpaid at the end of the month of June; (5) 6⅔% on August 1 on surcharges remaining unpaid at the end of the month of July; (6) 8% on September 1 on surcharges remaining unpaid at the end of the month of August; (7) 9⅓% on October 1 on surcharges remaining unpaid at the end of the month of September; (8) 10⅔% on November 1 on surcharges remaining unpaid at the end of the month of October; (9) 12% on December 1 on surcharges remaining unpaid at the end of the month of November; and (10) thereafter, in addition to the aforegoing penalties, a penalty at the rate of 1⅓% per month, which includes interest at the rate of 8% per annum, shall be imposed until said surcharges are paid. (b) (1) All bills in arrears for charges imposed under this subtitle may be deemed a sufficient reason for discontinuing water furnished by the City until all such surcharges and interest and penalties have been paid in full. (2) Whenever water is shut off for nonpayment of the surcharges imposed hereunder, the sum of $100 shall be paid to the Department of Finance of the City before the water supply may be turned on again. *History: Ord. 76-131* *History: Ord. 84-129* *History: Ord. 91-775* #### § 14-8 Surcharges, etc., as liens. Balt., Md., Code art. 25, § 14-8 (2026) The surcharges imposed under this subtitle and all increases, interest, and penalties thereon shall be a lien upon the property of any person liable to pay the same to the City. Such lien shall be recorded in the Tax Lien Records maintained by the Department of Finance. *History: Ord. 76-131* *History: Ord. 84-129* *History: Ord. 91-775* *History: Ord. 16-523* #### § 14-9 Lists of surcharge payors. Balt., Md., Code art. 25, § 14-9 (2026) (a) (1) The Director of Public Works shall maintain a list of all establishments which pay a surcharge because of their discharges into the public sanitary sewers. The amount of the surcharge shall not be included on the list. (2) The list shall be updated on January 1 and July 1 of each year and a copy filed with the Department of Legislative Reference. (b) The Director of Public Works shall provide each Council member with a semi-annual list of those establishments in the member’s district which pay the sewer surcharge. (c) Any member of the public may acquire a copy of a list upon payment of a charge to cover the cost of copying and mailing. *History: Ord. 83-1096* *History: Ord. 91-775* #### § 14-10 Rules and regulations. Balt., Md., Code art. 25, § 14-10 (2026) In order to carry out and enforce the provisions of this subtitle and to collect the surcharges levied and imposed under this subtitle, the City Department of Finance and/or Department of Public Works are hereby authorized, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to make, adopt, promulgate, and amend, from time to time, such rules and regulations as they may deem necessary or proper: (1) to carry out and enforce the provisions of this subtitle; (2) to collect the surcharges imposed under this subtitle; and (3) to define or construe any of the terms and provisions used in this subtitle in connection with the imposition or collection of said surcharges. *History: Ord. 76-131* *History: Ord. 84-129* *History: Ord. 91-775* *History: Text Conformed 02/23/21* #### § 14-11 Administrative review. Balt., Md., Code art. 25, § 14-11 (2026) In the event that any person legally liable for payment of the surcharge imposed under this subtitle disagrees with, or is aggrieved by, any determination, decision, order, or notice of any kind, which is made, rendered, issued, or given under the provisions of this subtitle, such person has the right to file an appeal as described in § 21-7 of this article. *History: Ord. 76-131* *History: Ord. 84-129* *History: Ord. 91-775* #### § 14-12 Penalties. Balt., Md., Code art. 25, § 14-12 (2026) Every person or other legal entity who participates or aids in any manner in the evasion of the surcharges imposed under this subtitle or who violates any of the provisions of this subtitle or any of the rules or regulations made, adopted, or promulgated by the City under the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than $500 or imprisonment not exceeding 6 months, or both, in the discretion of the court, for each offense. *History: Ord. 76-131* *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 15 ### Subtitle 16 – House Connections #### § 16-1 “Property owners” subject to subtitle. Balt., Md., Code art. 25, § 16-1 (2026) Whenever any person or persons shall occupy, or shall be in actual possession, or have charge, care, or control of any property within the City, as executor, administrator, trustee, guardian, or other fiduciary, or as agent: (1) such person: (i) shall be deemed and taken to be the owner of such property, within the true intent and meaning of this subtitle; and (ii) shall be bound to comply with all the provisions of this subtitle so far as the same may affect such property, in the same manner and subject to the same consequences in every respect prescribed by this subtitle as if such person were actually the owner of such property; and (2) notice to any such person by the Commissioner of Housing and Community Development, as hereinabove prescribed, shall be deemed and taken to be as good and sufficient notice as if such person were actually the owner of such property. *History: Ord. 11-058* *History: Ord. 59-164* *History: Ord. 84-129* *History: Ord. 91-775* #### § 16-2 Service of notices. Balt., Md., Code art. 25, § 16-2 (2026) The notices provided for in this subtitle: (1) shall be left with the owner or occupier, or agent of the owner of the property mentioned in said notice; and (2) if there be no owner or occupier, or agent of the owner of said property, upon which said notice can be served, notice shall be deemed in all respects sufficient if exposed, in some open way, upon the property to which it refers. *History: Ord. 11-058* *History: Ord. 59-164* *History: Ord. 84-129* *History: Ord. 91-775* #### § 16-3 Carrying pipe to inside of wall. Balt., Md., Code art. 25, § 16-3 (2026) The Director of Public Works is hereby authorized and directed, in constructing all pipes connecting from the sewer or sewer pipes in the highway to a building on a lot adjacent to such highway, where the wall of such building stands upon or near to the building lines, to carry said connecting pipe to the inside of such wall, so that the connections with the house fixtures can be thereafter made from the inside, without digging up the pavement or surfaces outside of such wall. *History: Ord. 11-058* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* #### § 16-4 Right of entry. Balt., Md., Code art. 25, § 16-4 (2026) The Director of Public Works shall have the authority to enter upon the property of any person, association, or corporation through which the public or private sewers now or may hereafter run, in order to regulate or repair the same. *History: Ord. 46-468* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* #### § 16-5 Notice to make connections. Balt., Md., Code art. 25, § 16-5 (2026) (a) (1) Immediately after the Director of Public Works: (i) shall notify the Commissioner of Housing and Community Development that any portion of the sewerage system provided for by §§ 20-8 through 20-10 of the Code of Public Local Laws is in actual operation and in a condition to collect, transmit, and dispose of domestic or house sewerage; and (ii) shall impart to the Commissioner the metes and bounds of said portion of said sewerage system which is in such state of preparedness, (2) the said Commissioner shall notify, in writing, all owners of property within such metes and bounds to: (i) connect, at their own costs and expense, their respective house drains, at their respective building lines, with said sewerage system; (ii) clean out and fill up their respective privy sinks, wells, cesspools, or other sewerage or drainage receptacles; and (iii) abandon the use of their existing arrangements of every sort for the disposal of sewerage or drainage, within 15 days after the receipts of such notice. *History: Ord. 11-058* *History: Ord. 59-164* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* #### § 16-6 Compliance with notice. Balt., Md., Code art. 25, § 16-6 (2026) (a) After receiving the notice provided for in § 16-5, and within the time stated therein, the owner of all such property: (1) shall comply with the terms and requirements of said notice; (2) shall make said connections with the said sewerage system and do all of the things prescribed by said notice: (i) in a thorough and workmanlike manner; (ii) in faithful conformity with all existing laws, ordinances, or regulations relating to plumbing; and (iii) especially so that no water from roofs or cellars or ground water will enter such portion of said sewerage system; (3) shall also fill in all cesspools cleaned out pursuant to said notice with good, pure material; and (4) in cases where the old drain is to cross a cesspool in order to reach the new sewers, shall lay an iron instead of a vitrified pipe across said cesspool. (b) Provided, however, that upon application within said 15 days by and such owners to the Commissioner for an extension of time within which to complete said connection and other work by the section directed to be done, the said Commissioner shall grant a further time of not less than 15 days for the doing of all said work. *History: Ord. 11-058* *History: Ord. 59-164* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* #### § 16-7 Approval of work required. Balt., Md., Code art. 25, § 16-7 (2026) (a) Before the work provided for in § 16-6 shall be covered up or put in operation, the said work must be approved by the Commissioner of Housing and Community Development or the Commissioner’s representative. (b) Any violation of the provision of this section shall subject the offender to a penalty of not less than $5 or no more than $1,000 to be collected as other fines are collected. *History: Ord. 11-058* *History: Ord. 59-164* *History: Ord. 84-129* *History: Ord. 91-775* #### § 16-8 Work by City. Balt., Md., Code art. 25, § 16-8 (2026) (a) Should any owner of any such property refuse, neglect, or fail to comply with any of the terms or requirements of their said notice within the time therein stated or the extension thereof, if extended as provided in § 16-6 hereof, then upon the expiration of the time limited in said notice, if no application has been made for an extension, or upon the expiration of the extended time, if any extension has been granted as hereinabove provided, the Commissioner of Housing and Community Development is hereby empowered and directed to make written request upon the Director of Public Works of Baltimore City to make the necessary connection and do the other work hereinabove required to be done in and upon such property. (b) Thereupon, the said Director is hereby directed to: (1) perform all the work required of the said owner of said property; (2) supply all the materials needed therefor; and (3) keep an accurate account of the cost of such materials and work upon each of such properties separately. (c) Upon the completion of the work, the said Director shall make a written report stating, as to each property separately: (1) that the said connections have been made and said work done; (2) the costs of the labor and material required in doing the same, to which he shall add a lump sum of $50 as a penalty upon the owner for failing to comply with this subtitle and to cover administrative or supervisory expenses; (3) the description of the property by street and number; and (4) the name of the owner. (d) Thereupon the Director shall: (1) notify the owner of said property of the amount of the total expense; and (2) in said notice, appoint a day for such owner to appear before him and show cause if any exists why said total expense should not be charged against the said property. (e) (1) If such party shall fail to appear within the time limited, or fail to show any just reason why said charge should not be made, the Director shall cause such charge to be entered in the records to be provided for that purpose and kept in the office of the Director of Finance. (2) Said records shall show the amount of the expense for making the sewer connection and the date when said expense was incurred by the Director and said administrative charge or penalty. (3) The interest herein directed to be charged shall be at the rate set from time to time by the Board of Estimates. (f) Any person thus charged with the expense of such connection, as hereinabove provided, shall have the same right of appeal to the Board of Municipal and Zoning Appeals and within the same time and by the same procedure, as is now provided by law. *History: Ord. 11-058* *History: Ord. 59-164* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* #### § 16-9 Ground water in system. Balt., Md., Code art. 25, § 16-9 (2026) (a) Should it appear at any time as to any connection made with any portion of the said sewage system, as provided for in § 16-6 hereof, that ground water passes through said connection, then upon notice to that effect, which may be given in the same manner as that pointed out by § 16-2 hereof, the offending owner shall within 30 days relay said connection so that said ground water will cease to enter said sewerage system. (b) Should any such owner refuse, neglect, or fail to relay said connection in said manner within the time specified, then upon the expiration of the time specified the Commissioner of Housing and Community Development is hereby empowered and directed to proceed in the same way as that set forth in § 16-8 hereof, and there shall be the same lien and the same right to charge and add to the tax bill and the same liability to punishment, and the same consequences in every respect as are provided for in § 16-8 hereof. *History: Ord. 11-058* *History: Ord. 59-164* *History: Ord. 84-129* *History: Ord. 91-775* #### § 16-10 Interference with Director or Commissioner prohibited. Balt., Md., Code art. 25, § 16-10 (2026) (a) The owners of all improvements on lots adjacent to any highway, where sewers have been or may be laid, and where the Director of Public Works is directed by § 16-3 of this article to carry the pipes to the inside of the walls of such improvements, are hereby directed not to interfere with the Director, his agents or servants, in any manner in the performance of the duties put upon him by § 16-3 of this article; and any property owner who interferes with the Director, his agents or servants, in the performance of said duty shall be subject to a fine, imprisonment, or both, as provided in § 23-3 of this article. (b) Any person interfering with the Commissioner of Housing and Community Development or the Director of Public Works or their agents or servants in the performance of any of the duties by §§ 16-5 through 16-9 required of them shall be subject to a penalty of not less than $10 or more than $1,000, to be collected as other penalties due the Mayor and City Council of Baltimore are collected. *History: Ord. 11-044* *History: Ord. 11-058* *History: Ord. 59-164* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 17 – Disturbing Sewers, etc. #### § 17-1 Disturbing sewer or stormwater drain. Balt., Md., Code art. 25, § 17-1 (2026) (a) Any person who shall: (1) willfully, intentionally, or negligently damage, obstruct, stop, or otherwise interfere with any sewer or stormwater drain in the City; (2) willfully, intentionally, or negligently place any obstruction or any matter in such sewer or stormwater drain of a nature to obstruct the same, and which shall obstruct the same and cause damage; or (3) willfully, intentionally, or negligently place any obstruction or any matter in any connection or sewer on public or private property or fixture connecting with the sewerage system, of a nature to obstruct or otherwise interfere with the said sewer or connection on such public or private property, and which shall obstruct the same and cause damage, shall, upon notification by the City, take immediate action to correct the cause of the obstruction. (b) This person shall be guilty of a misdemeanor and, upon conviction thereof: (1) shall be subject to a fine, imprisonment, or both, as provided in § 23-3 of this article; and (2) shall be liable for costs incurred as a consequence of such obstruction, damage, or interference as provided in Subtitle 22 of this article. *History: Rev. Ords. 1858-018* *History: Ord. 12-217* *History: Ord. 46-443* *History: Ord. 84-129* *History: Ord. 91-775* #### § 17-2 Tapping, etc., sewer. Balt., Md., Code art. 25, § 17-2 (2026) (a) Without first obtaining a permit from the Director of Public Works, no person may: (1) tap, open, repair, alter, or cause to be tapped, opened, repaired, or altered any sewer, either stormwater or sanitary; or (2) connect with or cause to be connected with any sewer, either stormwater or sanitary, any land, building, or premises. (b) It shall be the duty of the Director to cause a notice to be served upon the person tapping, opening, repairing, altering, or connecting with any sewer without having first obtained a permit to do so, directing said person to close or restore the sewer so tapped, opened, altered, or connected with, in the manner prescribed in said notice. (c) Any person tapping, opening, repairing, altering, or connecting with any sewer without a permit as aforesaid: (1) shall be subject to a fine, imprisonment, or both, as provided in § 23-3 of this article; and (2) shall moreover pay the expenses incurred in case such sewer shall be closed or restored under the direction of the Director, which the Director is hereby authorized to have done in case of such neglect or refusal. *History: Ord. 14-462* *History: Ord. 46-443* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* *History: Ord. 04-672* #### § 17-3 Disturbing manhole. Balt., Md., Code art. 25, § 17-3 (2026) (a) “Manhole” means a structure designed to provide access to the sewer or drain for purposes of examination, cleaning, or sampling. (b) Any person who shall enter any manhole of any public sewer, either stormwater or sanitary, or who shall disturb or interfere with any such sewer or manhole in any manner whatsoever, without a permit from the Director of Public Works, shall be subject to a fine, imprisonment, or both, as provided in § 23-3 of this article. *History: Ord. 14-462* *History: Ord. 75-914* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* #### § 17-4 Refuse in sewers. Balt., Md., Code art. 25, § 17-4 (2026) (a) If any person or persons shall carelessly or intentionally throw, sweep, or place any waste paper, street sweepings, garbage, dirt, ashes, dead animal, offal, or other putrescible matter, or any rubbish or refuse of any sort, into any inlet, grating, manhole, or other appurtenance of any sewer in the City of Baltimore, he, she, or they shall be subject to a fine, imprisonment, or both as provided in § 23-3 of this article. (b) Provided, however, that the provisions of this section shall not apply to matter commonly designated as sewage discharge from a house sewer into another sewer. *History: Ord. 1894-010* *History: Ord. 46-450* *History: Ord. 84-129* *History: Ord. 91-775* #### § 17-5 Unused connections. Balt., Md., Code art. 25, § 17-5 (2026) (a) Whenever it shall appear that more than 1 sanitary sewer connection has been made to any land, building, or premises and the subsequent improvement or alteration of said land, building. or premises makes 1 or more of said sanitary sewer connections unnecessary, then upon notice from the Director of Public Works it shall be the duty of the owner or occupier of said land, building, or premises under the action and supervision of the official giving said notice: (1) to remove the cast-iron pipe from the end or ends of such unused sanitary sewer connection or connections, or to cut off the terra cotta pipe, where no cast-iron pipe is used, at its connection to the sewer or at such other points as may be directed; and (2) to properly close up the terra cotta pipe of said sanitary sewer connection or connections. (b) Any person failing or refusing to comply with the provisions of this section shall be subject to a fine, imprisonment, or both, as provided in § 23-3 of this article. *History: Ord. 14-462* *History: Ord. 17-228* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 18 – Jones’ Falls #### § 18-1 Director may require walling. Balt., Md., Code art. 25, § 18-1 (2026) The Director of Public Works is hereby authorized, whenever he shall deem it necessary, to notify the owner or owners of property binding upon Jones’ Falls, or any part thereof, to have the same walled up on the line of said Jones’ Falls, with a good and sufficient stone, brick, masonry, or concrete wall, to such height as said Director may direct, and to have the same backed up or filled with earth, so as to secure such property or other property in the vicinity from inundation or damage by water, and when the same shall have been walled up wholly or in part, to rebuild or repair in a good and sufficient manner any such wall; all such work to be done at the entire expense of such owner or owners. *History: Ord. 1864-070* *History: Ord. 46-677* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* #### § 18-2 Compliance with notice. Balt., Md., Code art. 25, § 18-2 (2026) If any person, firm, or corporation shall refuse or neglect to have any such wall built, rebuilt, or repaired, as above provided, for within 2 months after receiving notice from the Director of Public Works, as set forth in § 18-1, it shall then be the duty of the Director, and he is hereby authorized and directed to cause such wall to be built, rebuilt, or repaired, as specified in said notice, and the cost thereof shall be a lien upon the property so walled up, repaired, or rebuilt, as aforesaid, to be recovered in due course of law from the owner or owners so refusing to build, rebuild, or repair after notice as aforesaid. *History: Ord. 1864-070* *History: Ord. 46-677* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 19 – Private Sewers #### § 19-1 Permit required. Balt., Md., Code art. 25, § 19-1 (2026) It shall be unlawful for any person, firm, or corporation to construct within the City limits a private sewer under the streets, lanes, or alleys, without having had and obtained the written permission therefor from the Director of Public Works under a penalty not to exceed $1,000 for each and every day the same shall remain without such permit. *History: Ord. 1864-052* *History: Ord. 46-677* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* #### § 19-2 Acquisition by City. Balt., Md., Code art. 25, § 19-2 (2026) The Director of Public Works is hereby authorized to acquire, by purchase or condemnation, any sanitary or stormwater sewers or sewage disposal plants as authorized by Chapter 222, Laws of Maryland 1924, and also by Ordinance 24-233 of the Mayor and City Council of Baltimore, said ordinance having been submitted to the legal voters of Baltimore City at an election held in the City of Baltimore on Tuesday, November 4, 1924, and by said voters approved. *History: Ord. 25-330* *History: Ord. 84-129* *History: Ord. 91-775* ### Subtitle 20 ### Subtitle 21 – General Administration of Article #### § 21-1 Records. Balt., Md., Code art. 25, § 21-1 (2026) (a) All users subject to this article shall retain and preserve for not less than 3 years any records, books, documents, memoranda, reports, and correspondence and any and all summaries thereof, relating to monitoring, sampling, and chemical analyses made by or on behalf of a user in connection with its discharge. (b) All records which pertain to matters which are the subject of administrative action or any other enforcement or litigation activities undertaken by the City shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. *History: Ord. 84-129* *History: Ord. 91-775* #### § 21-2 Confidential information. Balt., Md., Code art. 25, § 21-2 (2026) (a) Information and data concerning a person obtained from reports, questionnaires, and inspections shall be available to the public without restriction unless the person specifically requests and is able to demonstrate to the satisfaction of the Director of Public Works that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of that person. (b) (1) When requested by the person furnishing a report, and until the information is determined not to be confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to state and federal government agencies, upon their written request, for uses related to this article, including judicial review or enforcement proceedings. (2) All such portions of a report shall be immediately available for use by the City in judicial review or enforcement proceedings involving the person furnishing the report without the submittal of a written request. (c) In no case shall wastewater constituents and characteristics be recognized as confidential information. *History: Ord. 84-129* *History: Ord. 91-775* #### § 21-3 Special agreements. Balt., Md., Code art. 25, § 21-3 (2026) (a) No provision contained in this article shall be deemed to prevent any special agreement or arrangement between the City and any person whereby wastewater of unusual strength or characteristic may be accepted by the City for treatment, provided that the agreement or arrangement will not violate or cause the City and/or the user to violate federal or state pretreatment requirements or standards or to violate discharge standards and which will not be harmful to the system. (b) Under no circumstances shall federal or state pretreatment standards or requirements be waived. *History: Ord. 84-129* *History: Ord. 91-775* #### § 21-4 Public hearings. Balt., Md., Code art. 25, § 21-4 (2026) The Director of Public Works shall have the following duties: (1) To hold at least 1 public hearing before the execution of any contract which permits an establishment to discharge industrial wastes into a sanitary or storm sewer. At least 15 days’ notice of the time and place of such hearing shall be published in a newspaper of general circulation, and on a newspaper of local community circulation if such is published. (2) To hold an annual hearing after 15 days’ notice by publication in at least 2 newspapers of general circulation, for the purpose of reviewing the status of all existing contracts in force which permit the discharge of industrial wastes into the City’s sewers. *History: Ord. 83-1096* *History: Ord. 91-775* #### § 21-5 Inspections. Balt., Md., Code art. 25, § 21-5 (2026) (a) Adequate identification shall be provided by the Director of Public Works for all inspectors and other authorized personnel. Those persons shall identify themselves when entering any property for inspection purposes. (b) (1) Inspection and sampling of every facility involved directly or indirectly with the discharge of wastewater to the City’s wastewater system may be made by the Director of Public Works and by state and federal officials. (2) These facilities shall include but not be limited to sewers, wastewater pumping stations, pollution control plants, industrial processes, chemical, raw material, and product storage areas, record files, industrial wastewater generation, conveyance and pretreatment facilities, and all similar wastewater facilities. (c) Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the requirements of this article. (d) (1) Access to any of the above facilities or to other facilities directly or indirectly connected to the City’s wastewater system shall be given to authorized personnel of the Department of Public Works at all times. (2) No person shall interfere with, delay, resist, or refuse entrance to an authorized department inspector attempting to inspect any wastewater generation, conveyance, or treatment facility connected directly or indirectly to the City’s wastewater system. *History: Ord. 84-129* *History: Ord. 91-775* #### § 21-6 Notices. Balt., Md., Code art. 25, § 21-6 (2026) (a) Unless otherwise provided herein, any notice required to be given by the Director of Public Works under this article shall be in writing and served in person or by registered or certified mail, except when immediate action is required to prevent or minimize damage to life, safety, the POTW, or the environment. (b) (1) If served by mail, the notice shall be sent to the user’s last address known to the Director. Where the address is unknown, notice may be made upon the owner of record of the property involved. (2) Notice shall be deemed to have been given at the time of its deposit, postage prepaid in a facility regularly serviced by the United States Postal Service. *History: Ord. 91-775* #### § 21-7 Administrative and judicial review. Balt., Md., Code art. 25, § 21-7 (2026) (a) (1) All users served by the Director with a notice, order, permit revocation, wastewater suspension, administrative penalty, or other enforcement remedy shall have the right to appeal the Director’s action, as provided in this section. (2) In the event that any person who is legally responsible for compliance with pretreatment regulations or who is legally liable for payment of industrial sewer surcharge disagrees with, or is aggrieved by, any determination, decision, or order of any kind, which is made, rendered, issued, or given under the provisions of this article, such person, within 20 days after notice of any such determination, decision, or order has been given or mailed to such person, shall have the right to appeal the determination, decision, or order before the Director of Public Works or an appointed hearing officer. (b) (1) A person aggrieved by a final decision of the Director or hearing officer under this section may seek judicial review of the decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 91-775* *History: Ord. 04-672* *History: Ord. 19-322* ### Subtitle 22 – Administrative Remedies #### § 22-1 Violation notice. Balt., Md., Code art. 25, § 22-1 (2026) (a) Any person found to be violating any provisions of Subtitles 2 through 11 or of §§ 1-4, 21-1, or 21-5(d) of this article shall be served by the Director of Public Works with a written notice of violation stating: (1) the provision that has been violated; and (2) the facts that constitute the violation. (b) (1) Within a period specified in the notice: (i) an explanation of the violation; and (ii) a plan for satisfactory correction and prevention thereof, shall be submitted to the Director. (2) Submission of this information shall not relieve the user of liability for any violations occurring before or after this notice of violation. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* #### § 22-2 Show cause order. Balt., Md., Code art. 25, § 22-2 (2026) (a) Any person who causes or contributes to a violation of Subtitles 2 through 11 or of §§ 1-4, 21-1, or 21-5(d) of this article or order issued hereunder, may be ordered by the Director to show cause why a proposed enforcement action should not be taken. (b) A written notice shall be served on the user specifying: (1) the time and place of a hearing; (2) the reason why the action is to be taken; and (3) the proposed enforcement action. (c) The Director may propose any enforcement action reasonably necessary to abate the violation. (d) (1) Based upon the evidence presented at the hearing, the Director shall determine the appropriate enforcement actions, if any, which should be taken. (2) Immediate enforcement action may be pursued whether or not a duly notified user appears. *History: Ord. 84-129* *History: Ord. 91-775* #### § 22-3 Cease and desist order. Balt., Md., Code art. 25, § 22-3 (2026) Any person who violates or continues to violate Subtitles 2 through 11 or of §§ 1-4, 21-1, or 21-5(d) of this article may be ordered by the Director to cease and desist all such actions by taking such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. *History: Ord. 91-775* #### § 22-4 Consent order. Balt., Md., Code art. 25, § 22-4 (2026) (a) Any person who has violated or continues to violate any provision of Subtitles 2 through 11 or of §§ 1-4, 21-1, or 21-5(d) of this article may be served by the Director of Public Works with a consent order, compliance order, or similar document, establishing an agreement with the user responsible for the noncompliance. (b) (1) Such order shall include specific actions to be taken by the user to correct the noncompliance within a specified time period. (2) Orders may contain requirements as might be necessary and appropriate to address the noncompliance, such as the installation of pretreatment technology, additional self-monitoring, and management practices. *History: Ord. 91-775* #### § 22-5 Right to legal action. Balt., Md., Code art. 25, § 22-5 (2026) As an alternative to the actions set forth in § 22-4 of this subtitle, the Director of Public Works may refer the complaint or charges for violations to the City Solicitor or State’s Attorney for Baltimore City. *History: Ord. 84-129* *History: Ord. 91-775* #### § 22-6 Administrative penalties. Balt., Md., Code art. 25, § 22-6 (2026) (a) Notwithstanding any other provision of this article, any person found to be violating Subtitles 2 through 11 or of §§ 1-4, 21-1, or 21-5(d) shall be subject to administrative penalties of not less than $250 nor more than that allowed under state law. (b) Each day on which noncompliance shall occur or continue shall be considered a separate and distinct violation. *History: Ord. 91-775* #### § 22-7 Suspension or termination of service. Balt., Md., Code art. 25, § 22-7 (2026) (a) The Director of Public Works may suspend, interrupt, or terminate wastewater service to any premises or take such other action as he deems necessary if a violation of this article or a discharge of wastewater causes or threatens to cause a condition which could present an imminent or substantial danger to life, safety, the POTW, or the environment. (b) (1) The user which is responsible, in whole or in part, for imminent endangerment shall submit to the Director a detailed written statement describing: (i) the causes of the harmful contribution; and (ii) the measures taken to prevent any future occurrence. (2) This report must be submitted within the time period specified by the Director. (c) The Director shall allow the user to resume discharge when the endangerment has passed, unless permanent termination is initiated as described in subsection (d) below. (d) (1) The Director shall have the power and right, after giving notice, to: (i) close any sewer or sewer connection so tapped or connected with; or (ii) remove the cast-iron pipe or to cut off and close the terra cotta pipe from any sanitary sewer connection. (2) The cost and expense of such work shall be charged to the person failing or refusing to comply with the provisions of the article. *History: Ord. 14-462* *History: Ord. 17-228* *History: Ord. 76-146* *History: Ord. 84-129* *History: Ord. 91-775* #### § 22-8 Permit revocation. Balt., Md., Code art. 25, § 22-8 (2026) Any user who violates any provision of this article is subject to permit revocation by the Director as described in § 3-11 of this article. *History: Ord. 75-914* *History: Ord. 91-775* ### Subtitle 23 – Judicial Enforcement; Penalties #### § 23-1 Injunctive relief. Balt., Md., Code art. 25, § 23-1 (2026) Whenever a discharge of wastewater is in violation of the provisions of this article or otherwise causes or threatens to cause a condition which could present an imminent and substantial danger to life, safety, the POTW, or environment, the Director of Public Works may petition the courts for issuance of an ex parte preliminary or permanent injunction or both, as may be appropriate to restrain the continuance of such discharge. *History: Ord. 91-775* #### § 23-2 Civil penalties. Balt., Md., Code art. 25, § 23-2 (2026) (a) (1) Any person who violates any provision of Subtitles 2 through 11 or of §§ 1-4, 21-1, or 21-5(d) of this article, a wastewater discharge permit condition, order, prohibition, effluent limitation, or pretreatment or toxicity standard shall be liable to a civil penalty of not less than $250 nor more than that allowed under state law for each day in which such violation occurs, plus actual damages incurred by the POTW. (2) In addition, the Director may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement action, including sampling and analytical expenses. (b) In determining the amount of liability, the court shall take into account all relevant circumstances, including, but not limited to: (1) the extent of harm caused by the violation; (2) its magnitude and duration; (3) any economic benefit gained through the user’s violation; (4) corrective actions by the user; (5) the compliance history of the user; and (6) any other factors as justice requires. *History: Ord. 75-941* *History: Ord. 91-775* #### § 23-3 Penalties — § 16-10(a) and Subtitle 17. Balt., Md., Code art. 25, § 23-3 (2026) (a) Any person who shall violate any provision of § 16-10(a) or of Subtitle 17 of this article shall be guilty of a misdemeanor and, upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine not to exceed $1,000, or imprisonment not to exceed 10 days, or both, in the discretion of the court, for each and every offense. (b) Every such person who shall fail to comply with the notice shall upon conviction be subject to an additional fine not to exceed $100 for each and every day that he shall neglect or refuse to comply. (c) All said fines are to be collected as other fines are collected, and all said imprisonment imposed as other imprisonment is imposed, for violation of the City’s ordinances. *History: Ord. 91-775* #### § 23-4 Penalties — Subtitles 2 to 11 and §§ 1-4, 21-1, and 21-5(d). Balt., Md., Code art. 25, § 23-4 (2026) (a) Any person who intentionally violates any provision of Subtitles 2 through 11 or of §§ 1-4, 21-1, or 21-5(d) of this article, a wastewater discharge permit condition, cease and desist order, prohibition, effluent limitation, or pretreatment or toxicity standard shall be guilty of a misdemeanor and, upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not less than $250 nor more than that allowed under state law for each day in which such violation occurs, or imprisonment for not more than 6 months, or both, in the discretion of the court. (b) If the conviction is for a violation committed after the first conviction of such person, punishment shall be a fine not to exceed that allowed under state law for each day in which such violation occurs, or by imprisonment for not more than 1 year, or both. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* ## Article 26 – Surveys, Streets, and Highways ### Subtitle 1 – Survey Authority #### § 1-1 Right of entry. Balt., Md., Code art. 26, § 1-1 (2026) Civil engineers and surveyors, and their assistants, when they are in the employ of the Mayor and City Council of Baltimore, shall have the right to enter upon any private lands or property for the purpose of making surveys, running lines of levels, or obtaining any needful information or data for the preparation of plans, reports, or new legislation necessary for any proposed public sewerage system, water work, establishment of corporate boundaries, or any extension of the same, highways or improvements thereto, or any public undertaking. *History: Ord. 75-914* *History: Ord. 84-129* *History: Ord. 91-775* #### § 1-2 Setting landmarks. Balt., Md., Code art. 26, § 1-2 (2026) Civil engineers and surveyors, and their assistants, when acting under the authority of § 1-1 of this subtitle: (1) shall not damage or destroy any property or lands entered by them in the performance of their work; but (2) they shall have the right to set stakes, markers, or monuments or other suitable landmarks or reference points where necessary. *History: Ord. 48-461* #### § 1-3 Not to be impeded. Balt., Md., Code art. 26, § 1-3 (2026) (a) No owner, occupant, or agent of private lands so entered: (1) shall obstruct, impede, or annoy civil engineers or surveyors, or their assistants, in the performance of their work under this subtitle; nor (2) shall any such owner, occupant, or agent, destroy, obliterate, or remove any stakes, markers, monuments, or other landmarks set or placed by such civil engineers or surveyors. (b) Any owner, occupant, or agent violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine of not less than $25, nor more than $100, or to imprisonment for not less than 30 days nor more than 60 days, or both, in the discretion of the Court. *History: Ord. 48-461* #### §§ 1-4 to 1-5 Balt., Md., Code art. 26, § 1-4 to 1-5 (2026) Reserved #### § 1-6 Authority of DoT. Balt., Md., Code art. 26, § 1-6 (2026) The Department of Transportation has full power and authority: (1) to ascertain and fix and to mark on the ground, with stones or other landmarks, the true lines of any of the private, public, or proposed streets, lanes, and alleys; and (2) to so ascertain, fix, and mark any boundary line of any lot or parcel of ground, improved or unimproved, within the City. *History: Ord. 1863-006* *History: Ord. 50-1392* *History: Ord. 76-139* *History: Ord. 15-435* #### § 1-7 At owner’s request. Balt., Md., Code art. 26, § 1-7 (2026) In any and all cases where this work is done at the request of any property owner, other than the Mayor and City Council of Baltimore: (1) the Department of Transportation shall fix and determine the cost of the work; and (2) the property owner or owners shall pay to the Mayor and City Council of Baltimore the entire cost of the work in advance. *History: Ord. 50-1392* *History: Ord. 76-139* *History: Ord. 15-435* #### § 1-8 Record of lines. Balt., Md., Code art. 26, § 1-8 (2026) The Department of Transportation shall keep in its files an official, signed record of every line that is ascertained, fixed, or marked on the ground, in exercise of the power and authority granted by this subtitle. *History: Ord. 1863-006* *History: Ord. 50-1392* *History: Ord. 76-139* *History: Ord. 15-435* #### § 1-9 Disturbing landmarks. Balt., Md., Code art. 26, § 1-9 (2026) Anyone who unlawfully removes, mutilates, or in any manner disturbs any of the landmarks, monuments, survey points, or markers established throughout the City of Baltimore by the Department of Transportation or any City official, department, bureau, board, commission, or other City agency for the purpose of fixing and marking any elevation, line, or lines pertaining to the municipal survey system or to the location of streets, lanes, and alleys, or to any of the lots or other locations within the City, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $100 for each offense. *History: Ord. 04-144* *History: Ord. 30-941* *History: Ord. 76-139* *History: Ord. 15-435* ### Subtitle 2 – Geodetic and Topographical Surveys #### § 2-1 Duties of DoT. Balt., Md., Code art. 26, § 2-1 (2026) The Department of Transportation shall maintain, extend, and expand the system for precise control of horizontal and vertical surveys, which system was established and installed by a Board of Commissioners authorized by, and acting pursuant to Ordinance 1893-098. This system shall be known as the Baltimore Survey Control System. *History: Ord. 1893-098* *History: Ord. 48-466* *History: Ord. 76-140* *History: Ord. 15-435* #### § 2-2 Triangulation stations, etc. Balt., Md., Code art. 26, § 2-2 (2026) In maintaining, extending, and expanding the Baltimore Survey Control System, the Department of Transportation may: (1) reestablish and replace any triangulation stations, traverse stations, or bench marks that have been disturbed or removed; (2) establish and install new triangulation stations or precise traverse stations or bench marks; (3) establish, revise, and correct values for triangulation stations or bench marks; and (4) extend the Baltimore Survey Control System beyond the corporate limits of Baltimore City. *History: Ord. 48-466* *History: Ord. 76-140* *History: Ord. 15-435* #### § 2-3 Records. Balt., Md., Code art. 26, § 2-3 (2026) (a) The Department of Transportation shall maintain adequate, accurate, and comprehensive records showing the location of and the values established, reestablished, revised, and corrected for each of the triangulation stations, traverse stations, and bench marks comprising the Baltimore Survey Control System. (b) These records shall be for the use of all City agencies and all engineers or surveyors having occasion to use such records. *History: Ord. 48-466* *History: Ord. 76-140* *History: Ord. 15-435* #### § 2-4 Plats and maps - Preparation. Balt., Md., Code art. 26, § 2-4 (2026) The Department of Transportation shall prepare and maintain original plats, maps, and atlas sheets on which the physical characteristics of the City of Baltimore are delineated, in the manner and form determined by the Director of Transportation. *History: Ord. 48-466* *History: Ord. 76-140* *History: Ord. 15-435* #### § 2-5 Plats and maps - Copies. Balt., Md., Code art. 26, § 2-5 (2026) (a) The Department of Transportation shall make or have made from time to time copies of the original plats, maps, and atlas sheets, in the form and quantity determined by the Director of Transportation. (b) (1) These copies shall be purchasable at a cost to be fixed and determined from time to time by the Director of Transportation. (2) Purchasers, excepting agencies of the Mayor and City Council, shall pay to the Mayor and City Council the cost of all the plats, maps, or atlas sheets purchased, and these costs shall be collected as are other similar charges due the Mayor and City Council. *History: Ord. 48-466* *History: Ord. 76-140* *History: Ord. 15-435* #### § 2-6 Plats and maps - Official Map. Balt., Md., Code art. 26, § 2-6 (2026) (a) The maps prepared under § 2-4 of this article: (1) shall be revised from time to time by the Department of Transportation, so as to keep them reasonably up-to-date; and (2) shall be the Official Map of Baltimore City. (b) All departments, bureaus, boards, and commissions of the City: (1) shall use said maps as the Official Map of Baltimore City; and (2) may require all maps, plats, and drawings submitted to them to be in conformity with the said Official Map. *History: Ord. 49-704* *History: Ord. 76-140* *History: Ord. 15-435* ### Subtitle 3 – Opening, Widening, Closing Streets #### § 3-1 Record of benefits, damages. Balt., Md., Code art. 26, § 3-1 (2026) The Department of Transportation shall keep a record of the proceedings pertaining to the assessment of the amounts to be paid by or to any person for benefits derived, or damage sustained, for the opening, extending, widening, straightening, grading, or closing of any street or alley or part thereof in Baltimore City, which the Mayor and City Council shall hereafter by ordinance direct the Department of Transportation to open, extend, widen, straighten, grade, or close, in a book provided by the Department, and in such form as the City Solicitor may subscribe. *History: Ord. 1881-024* *History: Ord. 50-1530* *History: Ord. 75-945* *History: Ord. 76-139* *History: Ord. 15-435* #### § 3-2 Notice of proposed ordinance. Balt., Md., Code art. 26, § 3-2 (2026) (a) (1) Before any ordinance is introduced in the City Council under City Charter Article II, § (34) {“Streets, Bridges and Highways”} relating to the laying out, opening, extending, widening, straightening, or closing up, in whole or in part, of any street, square, lane, or alley within Baltimore City, notice shall be given by advertisement published twice a week for 2 consecutive weeks, in 2 of the daily newspapers in the City, that application shall be made for the passage of the ordinance. (2) The notice: (i) shall set forth clearly in the case of laying out, opening, or extending any street, square, lane, or alley, the length or width of the street, square, lane, or alley, or part thereof to be laid out, opened, or extended; (ii) in the case of widening or straightening, shall set forth clearly both the present and the intended width and also the length of any street, square, lane, or alley or part thereof intended to be widened or straightened; and (iii) in case of closing, shall set forth clearly the length and width of the street, square, lane, or alley, or any part thereof, intended to be closed. (b) (1) Notice shall also be given by filing with the Department of Transportation, on or before the 1st day of the publication, a map on the scale of not less than 50 feet to the inch, prepared by some competent surveyor, whose name shall be signed to the map, which: (i) in case of laying out, opening, extending, widening, or straightening, shall show: (A) the course and the lines of the projected improvement; and also (B) the lots and the buildings that will be taken or destroyed, in whole or in part; and which (ii) in the case of closing, shall show: (A) the street, square, lane, or alley, or part thereof, intended to be closed; and also (B) the abutting lots and improvements thereon. (2) The Director of Transportation shall: (i) endorse on the map his or her name, with the date of its being filed; and (ii) keep the map where the public may have access to it. (3) Whenever the map may be needed for the purpose of being shown at any meeting of the City Council, or of any committee thereof, he may, on the written order or request of the President of the City Council, or of the chairman of such committee, and, on obtaining his receipt therefor, allow the map to be taken from his office for that purpose, to be returned on the following day. (c) At any time before the final passage of the ordinance, the map and the ordinance may be amended if the amendment does not substantially depart from the published notice, so as to substantially affect parties who would not be warned by the notice. *History: Ord. 76-139* *History: Ord. 08-063* *History: Ord. 15-435* #### § 3-3 Notice of proposed action. Balt., Md., Code art. 26, § 3-3 (2026) Before the Department of Transportation may proceed under these sections to perform its duty, it shall give notice in at least 2 of the daily newspapers in the City of Baltimore of the object of the ordinance under which it proposes to act, at least 10 days before the time of the 1st meeting to execute the same. *History: Ord. 76-139* *History: Ord. 15-435* #### § 3-4 Methods of acquiring property. Balt., Md., Code art. 26, § 3-4 (2026) (a) Whenever the Mayor and City Council of Baltimore provides, by ordinance, for the laying out, opening, extending, widening, or straightening of any highway, street, square, lane, or alley in Baltimore City: (1) the ordinance may provide that the Department of Transportation shall proceed to acquire the property necessary, in accordance with the City Charter and this subtitle; or (2) the ordinance may provide: (i) that the property necessary to be acquired for such laying out, opening, extending, widening, or straightening may be acquired by proceedings in the Circuit Court for Baltimore City under Title 12 of the Real Property Article of the Maryland Code; and (ii) that, after the damages to be awarded have been ascertained by the proceedings, the Department of Transportation may proceed to assess the benefits for the laying out, opening, extending, widening, or straightening, in the same manner as if the damages had been assessed by it under §§ 3-5 through 3-10 of this article; and (iii) it shall state in the report the amount of damages assessed by the proceedings in court to the various owners, and the expenses of the court proceedings, and its own proceedings. (b) Before the benefits and damages are assessed, there shall be filed with the Department of Transportation a profile map or plat showing the grade of the proposed highway, street, square, lane, or alley with respect to the abutting property, which map or plat shall be included by the Department of Transportation in the return of its proceedings. *History: Ord. 76-139* *History: Ord. 15-435* #### § 3-5 Determining damages and benefits. Balt., Md., Code art. 26, § 3-5 (2026) (a) Whenever the Mayor and City Council directs the Department of Transportation to lay out, open, extend, widen, straighten, or close up, in whole or in part, any street, square, lane, or alley within the bounds of this City the Department of Transportation, having given the notice required by law of its 1st meeting to execute the same: (1) shall meet at the time and place mentioned in said notice, and from time to time thereafter, as may be necessary, to exercise the powers and perform the duties required of said Department by said ordinance; and (2) shall ascertain whether any and what amount of value in damage will thereby be caused to the owner of any right or interest in any ground or improvements within the City of Baltimore, for which, taking into consideration all advantages and disadvantages, such owner ought to be compensated. (b) The said Department, having ascertained the whole amount of damages for which compensation ought to be awarded, as aforesaid, and having added thereto an estimate of the probable amount of expenses which will be incurred by the Department in the performance of the duties required by it, as aforesaid, and also of the expenses incurred by the Mayor and City Council of Baltimore by reason of said proceedings, shall proceed to assess all the ground and improvements within the City, the owners of which, as such, the said Department shall decide and deem to be directly benefitted by accomplishing the object authorized in the ordinance aforesaid. (c) If the direct benefits, assessed as aforesaid, do not equal the damages and expenses incurred, the balance of the expenses and damages shall be paid by the Department of Transportation from funds appropriated. *History: Ord. 1881-024* *History: Ord. 50-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-6 Only part of property needed. Balt., Md., Code art. 26, § 3-6 (2026) (a) (1) In every case where: (i) it shall be necessary, in order to effect the object proposed, under any of the ordinances provided for laying out, opening, widening, or straightening, in whole or in part, any street, square, lane, or alley, that a portion only of a lot or of a lot and improvements shall be taken and used or destroyed; and (ii) the owner or owners thereof shall claim to be compensated for the whole; the Department of Transportation in such cases may, if it deems it best, and not otherwise, accept a surrender in writing of the whole of the lot or the whole of the lot and improvements, or the whole of the improvements, from the owner or owners. (2) In that event, the Department of Transportation: (i) shall ascertain the full value thereof as if the whole lot, or lots and improvements, or improvements, as the case may be, were necessary to be taken and used for the proposed object; and (ii) the whole amount of the valuation, when finally decided on, shall be paid or tendered to the owner or owners before any part thereof shall be destroyed, removed, or used, unless the owner or owners assent thereto in writing as now provided for by law. (b) Provided, however, that where, in the judgment of the Director of Transportation, only a part of the whole of a lot or a part of the whole of the improvements on any lot, can be taken without destroying the whole of the lot or improvements, for the purpose for which the lot or improvements are used, or for building purposes, then the Department of Transportation shall: (1) condemn only that part of the whole lot or improvement that is necessary for the proposed object; and (2) shall award to the owner or owners of the part of the lot or improvements so taken, such damages, and assess upon the remainder thereof such benefits as in its judgment shall be right and proper. *History: Ord. 1888-038* *History: Ord. 1888-043* *History: Ord. 1893-159* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 76-139* *History: Ord. 15-435* #### § 3-7 Statement of benefits and damages. Balt., Md., Code art. 26, § 3-7 (2026) (a) As soon as the Department of Transportation shall have completed the valuation of damages to be ascertained by it as directed by §§ 3-5 and 3-6 of this article, it shall cause a statement thereof to be made out for the inspection of all persons desiring information of its contents. (b) Such statement, together with an explanatory map or maps, shall contain: (1) a description of each separate lot or parcel of ground deemed to have sustained damages, including: (i) its dimensions; (ii) the name of the street, square, lane, or alley on which it bounds; (iii) the names of all persons supposed to have any estate or interest in it; (iv) the amount of damages as valued by the Department of Transportation; and (v) if there be any house or other improvements on it, necessary to be removed, in whole or in part, such description thereof as the Department of Transportation shall deem necessary; and (2) in like manner, a description of each parcel of ground deemed by the Department of Transportation to be benefitted, including: (i) the name or names of such person or persons as may be supposed to have any estate or interest therein; and (ii) the amount assessed thereon for benefits. *History: Ord. 1881-024* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 08-063* *History: Ord. 15-435* #### § 3-8 Publication of notice. Balt., Md., Code art. 26, § 3-8 (2026) The Department of Transportation shall cause a notice to be published once a week for 2 successive weeks in 2 daily newspapers of the City, stating: (1) the extent of the ground covered by the assessment; (2) that such statement and maps are ready for the inspection of all persons interested therein; and (3) that the Department of Transportation will meet at its office on a day to be named in the notice, which shall be within 15 days after the 1st publication of the notice, for the purpose of reviewing any of the matters contained in the statement to which any person claiming to be interested shall make objection. *History: Ord. 1881-024* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-9 Hearing. Balt., Md., Code art. 26, § 3-9 (2026) (a) The Department of Transportation shall meet at the time and place so appointed, and shall hear and consider all representations or testimony on oath or affirmation, verbal or in writing, in relation to any matter in the statement that shall be offered to them on behalf of any person claiming to be interested. (b) It may adjourn, from day to day, if necessary, to give all parties claiming a review an opportunity to be heard, not exceeding in the whole 10 days. (c) And the Department of Transportation shall make all corrections and alterations in the valuations, assessments, and estimates, and all other matters contained in the statements and explanatory map or maps, that appear in its judgment to be just and proper. *History: Ord. 1881-024* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-10 Book of proceedings; Notice of completion. Balt., Md., Code art. 26, § 3-10 (2026) (a) After closing the review, the Department of Transportation shall make all corrections in its statement and explanatory map or maps that it deems proper, and cause the statement as corrected to be recorded in a book of proceedings, and certified under the hand and seal of the Director of Transportation and the person or persons appointed by the Director as provided by § 3-1 of this subtitle. (b) Within 5 days after closing the review, the Department shall notify all persons interested by an advertisement, to be inserted once a week for 2 successive weeks in 2 of the daily newspapers of the City, that the assessment and maps have been completed, and that the parties affected are entitled to appeal therefrom by petition, in writing, to the Board of Municipal and Zoning Appeals. *History: Ord. 1881-024* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-11 Personal service of notice. Balt., Md., Code art. 26, § 3-11 (2026) (a) The Department of Transportation shall serve written or printed notice upon each and every party or parties assessed for damages, caused by the condemnation and opening of any public highway. (b) However, the service of this notice is not a prerequisite to the condemnation and opening of any street under any ordinance passed by the Mayor and City Council of Baltimore. *History: Ord. 1973-076* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-12 Administrative appeal. Balt., Md., Code art. 26, § 3-12 (2026) (a) Any person or persons, or corporation, who is dissatisfied with the assessment of damages or benefits may: (1) within 20 days after the completion of the corrected statement and map or maps, as provided in § 3-10 of this article; and (2) within 20 days from the date of the 1st publication of the notice thereof, as provided in § 3-10 of this article; appeal therefrom by petition, in writing, to the Board of Municipal and Zoning Appeals, praying the Board to review the same. (b) On appeal, the Board: (1) may and shall appoint a day for hearing said appeal, which shall not be less than 5 nor more than 30 days after the expiration of the 20 days limited for taking appeals as aforesaid; and (2) shall direct the Board’s secretary to notify in writing the Department of Transportation, to produce and deliver to the Board the record of the proceedings of the Department in the case, and all maps, plats, documents, and papers connected with that record. (c) The Board has full power to hear and fully examine the subject and decide on the appeal, and, for that purpose, the Board is authorized and empowered: (1) to adjourn from time to time, and (2) may cause all such appeals to be consolidated, or may hear and decide them separately, and (3) may require the Department of Transportation, its surveyor, or other agents and servants, or any of them, and all such other persons as the Board shall deem necessary, to attend, and examine them on oath or affirmation, and (4) may permit and require all such explanations, amendments, and additions to be made to and of the said record of the proceedings as the said Board shall deem requisite. *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-13 Judicial review - In general. Balt., Md., Code art. 26, § 3-13 (2026) (a) The persons appealing to the Board, as aforesaid, feeling aggrieved by any decision of the Board: (1) may at any time within 30 days of a decision by the Board, appeal therefrom to the Circuit Court for Baltimore City as provided in Article VII, §88 of the City Charter; and (2) shall be secured in the right of a jury trial to try any question of facts and, if necessary, to view any property in the City, to ascertain and decide on the amount of damages or benefit, under the direction of the court. (b) The court: (1) may not reject or set aside the record of the proceedings of the Department of Transportation and Board for any defect or omission in either form or substance, but (2) shall: (i) amend or supply all defects and omissions; (ii) increase or reduce the amount of damages and benefits assessed; and (iii) alter, modify, and correct the return of proceedings, in all or any of its parts, as the court considers just and proper; and (3) shall have full power, in his discretion, to add the reasonable costs of any appeal, to be taxed by him, or any part thereof, to the damages to be collected for opening or closing said street, or to require such cost, or any part thereof, to be paid by all or by either of the appellants as the circumstances of each appeal in his opinion shall justify. (c) (1) The court shall cause: (i) the proceedings and decisions on the returns and appeals to be entered in the book containing the record of the proceedings of the Department of Transportation, certified by the clerk, under the seal of the court; and (ii) the book to be transmitted to the Department of Transportation, which shall be final and conclusive in every respect, unless an appeal be taken to the Court of Special Appeals. (2) The record book, or a copy of the proceedings or any part of the proceedings in the record book, whether in court or out of court, certified by the Director of Transportation or the person or persons appointed by the Director as provided by § 3-1 shall be evidence in any court in this State. *History: Ord. 1866-027* *History: Ord. 1868-029* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-14 Judicial review - Awards. Balt., Md., Code art. 26, § 3-14 (2026) (a) Whenever there is any appeal from the action of the Board of Municipal and Zoning Appeals to the Circuit Court for Baltimore City, either by the Mayor and City Council of Baltimore, or by any person having or claiming to have any interest in any lot or parcel of ground assessed with benefits, or the whole, or any part of which is taken for the laying out, opening, extending, widening, or straightening of any street, square, lane, or alley, the jury shall award and assess de novo the damages and benefits to be allowed and charged for and to such lot of ground. (b) In assessing the value of any lot taken in whole or in part for the public use, the jury shall: (1) value the fee simple interest of the part taken; (2) add thereto compensation for such damages, if any, as is done by the taking of the fee simple interest in the part not taken; and (3) apportion the damages so awarded among the owners of the different estates therein according to the value of their respective interests. *History: Ord. 1895-039* *History: Ord. 51-1530* #### § 3-15 Ordinance repealed or set aside. Balt., Md., Code art. 26, § 3-15 (2026) Whenever any ordinance passed by the Mayor and City Council of Baltimore, providing for the condemnation and opening, widening, or closing of any street, square, lane, or alley in said City, shall be set aside or declared null and void by a court of competent jurisdiction, to wit: the Circuit Court for Baltimore City, the Court of Special Appeals, or the Court of Appeals, in the event of an appeal to that tribunal, or the same shall be repealed by the Mayor and City Council of Baltimore, it shall be the duty of the Director of Finance immediately thereafter to refund to any and all persons, or their legal representatives, such sums of money as they may have paid to the City by reason of the assessment of benefits by virtue of such ordinance. The Director of Finance shall likewise pay all expenses which may have been incurred by virtue of any such ordinance, in carrying out the provisions thereof, for which the City may be liable under existing ordinances. *History: Ord. 1877-008* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 08-063* #### § 3-16 Billing assessments for benefits. Balt., Md., Code art. 26, § 3-16 (2026) (a) If no appeal has been prayed, then within 20 days after the time hereinbefore limited therefor or after the return of the decision on appeal has been made to the Board of Municipal and Zoning Appeals or to the Circuit Court for Baltimore City, the Department of Transportation shall transfer its return to the Director of Finance. (b) The Director of Finance shall proceed forthwith to notify the parties assessed for benefits by means of bills: (1) specifying the several sums so assessed; and (2) warning them that if the same be not paid within 3 months from the date of the transfer of the Department of Transportation’s returns, he will proceed to collect the same by way of sale of the specific pieces or parts of property on which the unpaid sum or sums of money have been assessed, in the manner provided by law for the sale of property for the nonpayment of taxes on real estate situate in Baltimore City. *History: Ord. 1866-026* *History: Ord. 1889-002* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-17 Failure to make payments. Balt., Md., Code art. 26, § 3-17 (2026) (a) If the sums assessed upon the property specified shall not be paid within the time above limited, the Director of Finance is hereby directed to sell the property, or any part thereof, on which such assessment has been laid after the expiration of the time limited in § 3-16 for the payment of said benefits in the manner provided by law for the sale of property for the nonpayment of taxes on real estate situate in Baltimore City. (b) And the monies so collected by the Director of Finance shall be paid over by him to the Mayor and City Council of Baltimore as other monies are directed to be paid over, to be by it paid to the persons entitled to receive the same. *History: Ord. 1889-002* *History: Ord. 51-1530* *History: Ord. 75-945* #### § 3-18 Assessment as lien. Balt., Md., Code art. 26, § 3-18 (2026) All sums of money assessed by the Department of Transportation on property deemed by it to be benefitted shall be and continue as liens on each several piece of property so assessed, to the amount of its particular assessment, until paid to the City. *History: Ord. 1866-026* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-19 Payment of damages. Balt., Md., Code art. 26, § 3-19 (2026) But no part of any street, square, lane, or alley may be opened on or over the ground of any person or persons or corporation adjudged by the Department of Transportation to be entitled to damages for the opening, without the consent, in writing, of the person or corporation so entitled, until: (1) such damages shall be paid; or (2) the amount thereof held in trust by the Director of Finance for the use of each person or corporation entitled to any part of the compensation for such damages, to the amount of his, her, or their respective right and interest therein, and shall be invested by the Director of Finance in such investments as the Director of Finance is authorized by law to make for City funds, and the income derived from such investments shall be applied by the Director of Finance to the respective amounts due each person or corporation for whom such compensation is held in trust, in proportion that each amount so held in trust bears to the total of such amounts held in trust under this section. *History: Ord. 1866-026* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-20 Deposit of books and papers. Balt., Md., Code art. 26, § 3-20 (2026) As soon as the Department of Transportation has completed its work on each street, the Department shall file all related papers and books in the Department, in a manner as to insure a permanent record of the proceedings. *History: Ord. 1866-026* *History: Ord. 1867-053* *History: Ord. 51-1530* *History: Ord. 75-945* *History: Ord. 15-435* #### § 3-21 Offer to convey property. Balt., Md., Code art. 26, § 3-21 (2026) (a) Whenever the owner or owners of the bed of any existing or proposed street, square, lane, or alley in the City shall offer to convey the same to the City: (1) it shall be the duty of the Mayor to obtain the opinion of the City Solicitor in relation to the title to the property and the legality of the deed or deeds; and (2) if, in the opinion of the Mayor, it will be right and proper and the public good will result therefrom, he is authorized to receive, in the name of the Mayor and City Council of Baltimore, any deed or deeds so offered to the City. (b) The written approval of the Director of Transportation and the City Solicitor shall be endorsed on all of the deeds and conveyances before acceptance by the Mayor. *History: Ord. 1859-092* *History: Ord. 1866-026* *History: Ord. 1897-073* *History: Ord. 48-481* *History: Ord. 76-139* *History: Ord. 08-063* *History: Ord. 15-435* ### Subtitle 4 – Paving of Private Streets #### § 4-1 City’s authority. Balt., Md., Code art. 26, § 4-1 (2026) (a) The Director of Transportation is authorized and empowered to repair and maintain existing private streets and roads that are open and used by the public, but have not been actually accepted as public highways by the Mayor and City Council of Baltimore. (b) (1) The repairs and maintenance shall be of the character that, in the judgment of the Director of Transportation, will make private streets and roads safe for public travel and will prevent nuisances dangerous to the public health arising thereon. (2) Provided that private streets and roads shall be repaired and maintained in the same manner and with the same character of materials as originally constructed. *History: Ord. 22-751* *History: Ord. 76-139* *History: Ord. 15-435* #### § 4-2 Appropriations. Balt., Md., Code art. 26, § 4-2 (2026) In order to provide for the cost and expenses of the abovementioned repairs and maintenance, the Board of Estimates is requested to provide a sufficient sum of money therefor in the annual Ordinances of Estimates, beginning with the year 1923. *History: Ord. 22-751* #### § 4-3 Effect of work done. Balt., Md., Code art. 26, § 4-3 (2026) Nothing in this subtitle, nor any acts done by the Director of Transportation under this subtitle, may be construed as an acceptance of the dedication of any private street or road or as in any way affecting the status of these streets or roads. *History: Ord. 22-751* *History: Ord. 50-1281* *History: Ord. 76-139* *History: Ord. 15-435* ### Subtitle 5 – Paving on Petition #### § 5-1 Signatures required. Balt., Md., Code art. 26, § 5-1 (2026) Upon the written request of the owners of 60% of the front feet of ground binding on the whole, or any part, of any street, avenue, lane, or alley of the City of Baltimore, which is now open, or may hereafter be opened, the Director of Transportation, acting under the provisions of Chapter 401, Laws of Maryland 1906, and any amendment or amendments thereof, may, if in the Director’s judgment the public interests will be served, grade, curb and pave, grade and pave, or pave, as the Director considers necessary, the street, avenue, lane, or alley, or part thereof, at the expense pro rata of the owners of all the property binding thereon in accordance with the provisions of this subtitle. *History: Ord. 22-739* *History: Ord. 29-735* *History: Ord. 76-139* *History: Ord. 15-435* #### § 5-2 Notice by publication. Balt., Md., Code art. 26, § 5-2 (2026) Upon the receipt of a completed application, the Director of Transportation shall give 10 days’ notice, in at least 2 of the daily newspapers published in the City of Baltimore, of the fact that the application has been made, and of the intention of the Director to consider the same, and also of the time when and place where objections to the application will be received and heard. *History: Ord. 22-739* *History: Ord. 76-139* *History: Ord. 15-435* #### § 5-3 Who deemed owners. Balt., Md., Code art. 26, § 5-3 (2026) (a) A tenant having a 99-year lease, renewable forever, or the executor or administrator of such a tenant, or the guardian of an infant owner, or a mortgagor in possession, shall be deemed and taken as an owner for the purpose of any application authorized by this subtitle, and the application of any such person shall bind the property so represented for any assessment or tax made under it. (b) (1) The Mayor of Baltimore City is hereby authorized to sign any such application on behalf of the Mayor and City Council of Baltimore as owner or any property binding on said street, avenue, lane, or alley, or any part thereof, whenever the said Mayor shall deem it advisable to do so. (2) The Mayor shall have full power, whenever he may deem it advisable, to sign, on behalf of the City corporation, for the paving, grading, or curbing of streets, lanes, which may front any property belonging to the City. *History: Ord. 1874-044* *History: Ord. 22-739* *History: Ord. 76-139* #### § 5-4 Assessment of costs. Balt., Md., Code art. 26, § 5-4 (2026) (a) After any contract for the work of grading, paving, or curbing the street, avenue, lane, or alley, or part thereof, has been awarded in the manner provided by law, the Director of Transportation shall impose a tax upon the property binding on the street, avenue, lane, or alley, or any part thereof, so to be graded, paved, or curbed, equal in amount to the part of the expense that the Director, in his or her discretion, determines is to be borne by the owner or owners of the property, and also 3% on the amount so to be assessed against the property for the costs and expenses of collecting the same. (b) (1) The Director of Transportation shall apportion the tax so that the several lots of ground binding on both sides of the street, avenue, lane, or alley, or part thereof, to be graded, paved, or curbed, become liable for a pro rata part thereof, according to the frontage of the property thereon. (2) Provided that, in counting the number of feet which any property abuts upon the street, avenue, lane, or alley to be paved: (i) the actual number of such feet shall be taken as to all lots having their front or rear upon said street, avenue, lane, or alley; but (ii) corner lots, having their front on some intersecting or crossing street, avenue, lane, or alley, and having their side upon the street, avenue, lane, or alley to be paved, shall be counted for only ⅓ of the length of such side; and the property owners’ share of the expense of paving such street, avenue, lane, or alley shall be divided equally in proportion to the number of feet abutting upon such street, avenue, lane, or alley, counted as herein directed. (c) Provided that the cost of paving streets, avenues, lanes, or alleys under the provisions of this subtitle shall be assessed in the aforementioned proportion upon the abutting property owner in every case, in no instance, however, to exceed ⅔ of said cost. (d) The Director of Transportation shall then prepare a statement showing the amount of assessment upon each of the lots of ground. *History: Ord. 22-739* *History: Ord. 29-735* *History: Ord. 76-139* *History: Ord. 15-435* #### § 5-5 Deferred payments. Balt., Md., Code art. 26, § 5-5 (2026) (a) Whenever any street, avenue, lane, or alley, or part thereof, shall be graded, paved, or curbed, in accordance with this subtitle, the Director of Transportation may, if it appears advisable to the Director, provide in the statement of benefit assessments that the payment of the amount so assessed may, at the option of the owners of the respective lots of ground assessed: (1) be deferred for such definite period of time as the said Director shall determine, not to exceed 5 years from the date of the delivery of the statement aforesaid, to the Director of Finance, as hereinafter provided; (2) with interest on the deferred payments as the Director of Transportation determines to be just and proper. (b) The assessments so made shall be and continue liens on the respective lots of ground from the date of the award of the contract for the grading, paving, and curbing of such street, lane, or alley, or part thereof, until paid. *History: Ord. 22-739* *History: Ord. 29-735* *History: Ord. 76-139* *History: Ord. 15-435* #### § 5-6 Publication of notice. Balt., Md., Code art. 26, § 5-6 (2026) After the Director of Transportation has completed his or her apportionment of the costs and expenses to be assessed, and the statement thereof, the Director shall give notice by advertisement inserted twice a week for 2 successive weeks in 2 of the daily newspapers published in the City of Baltimore: (1) that such apportionment has been made; (2) that the statement thereof is on file in the office of the Department of Transportation for the inspection of all persons interested; and (3) that he will attend, at his said office on a day in such notice to be named, which shall be not less than 10 nor more than 20 days from the 1st publication of such notice, to review any of the matters set forth in such statement, to which any persons claiming to be interested therein shall on or before the day so appointed, make objection. *History: Ord. 22-739* *History: Ord. 76-139* *History: Ord. 15-435* #### § 5-7 Hearing. Balt., Md., Code art. 26, § 5-7 (2026) The Director of Transportation: (1) shall attend, at the time and place so appointed, and consider all such representations and testimony, verbal or in writing, in relation to any matter in such statement which shall be offered to him on behalf of any person claiming to be interested therein; (2) shall make all such corrections and alterations in the said apportionment and statement as shall be necessary to make the same correct and just; and (3) he may adjourn from time to time, if necessary, to give all persons claiming a review an opportunity to be heard. *History: Ord. 22-739* *History: Ord. 76-139* *History: Ord. 15-435* #### § 5-8 Corrected list of assessments; notice. Balt., Md., Code art. 26, § 5-8 (2026) After closing such review, he: (1) shall make all such corrections as shall be proper; (2) shall make a correct list of the property and of the owners, or reputed owners thereof, liable to pay the assessments in the manner aforesaid, and the amount for which each piece of property, or the owner thereof, shall be liable; (3) shall cause the statement to be certified under the hand and seal of the Director of Transportation; and (4) shall notify persons interested by an advertisement to be inserted once a week for 4 successive weeks in 2 of the daily newspapers of the City, that: (i) the said assessments have been completed; and (ii) that the persons affected thereby are entitled to appeal therefrom by a petition in writing to the Circuit Court for Baltimore City within 30 days after the 1st publication of said notice. *History: Ord. 22-739* *History: Ord. 76-139* *History: Ord. 15-435* #### § 5-9 Appeals. Balt., Md., Code art. 26, § 5-9 (2026) And if any appeal shall be taken, the proceedings therein shall be similar to those in the trial of street appeals and the same right shall be had to appeal to the Court of Special Appeals. *History: Ord. 22-739* *History: Ord. 76-139* #### § 5-10 Collections Balt., Md., Code art. 26, § 5-10 (2026) (a) If no appeal has been prayed at the expiration of the time allowed for appeals, then within 10 days thereafter or after the return of the decision on appeal has been made to the Director of Transportation, the Director shall transfer the statement and list to the Director of Finance. (b) The Director of Finance shall proceed to collect the same in all respects as the Director does in cases where persons or property are assessed for benefits for opening, closing, widening, or straightening any street, avenue, lane, or alley, and, unless otherwise provided in the statement, the assessments shall be due and payable on the date of the transfer of the statement to the Director of Finance. *History: Ord. 22-739* *History: Ord. 76-139* *History: Ord. 15-435* #### § 5-11 New Paving Fund. Balt., Md., Code art. 26, § 5-11 (2026) Whenever any money has been collected by the Director of Finance under this subtitle, that money shall be paid over in the manner required by law, to be placed to the credit of the “New Paving Fund” provided for in Section 6 of Chapter 401, Laws of Maryland 1906, and may be appropriated by the Director of Transportation for the purpose designated in that Act and this subtitle. *History: Ord. 22-739* *History: Ord. 76-139* *History: Ord. 15-435* #### § 5-12 Paving materials. Balt., Md., Code art. 26, § 5-12 (2026) No street, avenue, lane, or alley, or part thereof, shall be paved, in whole or in part, under the provisions of this subtitle, with any paving material of a grade or quality lower than that of water-bound macadam oiled. *History: Ord. 22-739* *History: Ord. 50-1282* ### Subtitle 6 – Building Address Numbers #### § 6-1 Numbering scheme. Balt., Md., Code art. 26, § 6-1 (2026) (a) The houses and buildings within the City shall be numbered according to the decimal system. (b) (1) For streets running generally east and west, the point of commencement shall be at Charles Street, going thence easterly and westerly. (2) For streets running generally north and south, the point of commencement shall be Baltimore Street, going thence northerly and southerly. (c) 100 numbers shall be the proportion for each square, and each successive square shall have its enumeration begin with an even 100. (d) Where any street does not commence at Baltimore Street or at Charles Street, the enumeration shall conform to other adjacent streets running in the same general direction with an even successive hundred for each additional square, and in all respects adherence to the decimal system shall be observed. *History: Ord. 1899-195* *History: Ord. 48-516* #### § 6-2 Conformity required. Balt., Md., Code art. 26, § 6-2 (2026) No house or building and no row of houses or series of buildings, whether or not denominated as or on a “Place”, “Terrace”, or “Square”, now erected or in process of erection or hereafter to be erected, shall be numbered or by figures, letters, or names distinguished in any way different from or in violation of the provisions of this subtitle. *History: Ord. 48-516* #### § 6-3 Duty to affix numbers. Balt., Md., Code art. 26, § 6-3 (2026) (a) The owner of any new house or other building shall affix or place on the premises, in the manner prescribed in this subtitle, the correct number of that house or other building, as determined and fixed by the Department of Transportation. (b) The owner or occupant of any house or other building shall affix and shall at all times maintain on the premises the correct number of that house or other building, as determined and fixed by the Department of Transportation. *History: Ord. 48-516* *History: Ord. 76-140* *History: Ord. 09-113* *History: Ord. 15-435* #### § 6-4 Notice of noncompliance. Balt., Md., Code art. 26, § 6-4 (2026) (a) If a house or other building is found to be without the correct numbers prescribed by this subtitle, the Director of Transportation shall give written notice to the owner or occupant of the house or other building of the deficiency and of the steps necessary to correct it. (b) (1) The owner or occupant shall place or affix the correct number of the house or other building, as ordered by the Director of Transportation, within 30 days of receiving the notice. (2) Failure to comply with the notice is subject to enforcement under §§ 6-9 and 6-10 of this subtitle. *History: Ord. 48-516* *History: Ord. 76-140* *History: Ord. 09-113* *History: Ord. 15-435* #### § 6-5 Change of number. Balt., Md., Code art. 26, § 6-5 (2026) Whenever the number of any house or other building is changed by the Department of Transportation, the owner or occupant of that building shall completely remove or obliterate the old number within 10 days after receiving from the Department of Transportation a written notice reporting the changing of the number and notifying the owner or occupant of the new number that has been determined and fixed for the house or other building. *History: Ord. 48-516* *History: Ord. 76-140* *History: Ord. 15-435* #### § 6-6 Correct number required. Balt., Md., Code art. 26, § 6-6 (2026) No owner or occupant may place or affix or permit to remain placed or affixed or otherwise displayed on any house, building, or premises, any number or number plate except the correct number as determined and fixed or as changed by the Department of Transportation. *History: Ord. 48-516* *History: Ord. 76-140* *History: Ord. 15-435* #### § 6-7 Required display. Balt., Md., Code art. 26, § 6-7 (2026) The correct number of every house or other building: (1) shall be displayed as provided in International Building Code § 502 {“Building Address”}; and (2) shall be affixed or otherwise placed: (i) at the front entrance of the house or other building or the front entrance to the premises on which the house or other building is located so that the number is plainly visible and legible in daytime from a point located 4 feet above the curb line immediately in front of the entrance on which the number is placed; and (ii) for a property whose rear borders an alley (as defined in Baltimore City Zoning Code § 1-302(l) {“Alley”}), at the rear of the property so that the number is plainly visible and legible in daytime from a point located 4 feet above the grade level of the alley. *History: Ord. 48-516* *History: Ord. 76-140* *History: Ord. 09-113* *History: Ord. 15-427* *History: Ord. 16-581* *History: Ord. 20-361* *History: * #### § 6-8 Balt., Md., Code art. 26, § 6-8 (2026) Reserved #### § 6-9 Enforcement by citation. Balt., Md., Code art. 26, § 6-9 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 09-113* #### § 6-10 Penalties. Balt., Md., Code art. 26, § 6-10 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, subject to a fine of not more than $500 for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 48-516* *History: Ord. 09-113* ### Subtitle 7 – Street Names #### § 7-1 Brune report approved. Balt., Md., Code art. 26, § 7-1 (2026) The report of William H. Brune to the Commissioners for Opening Streets is hereby approved, concurred in, and adopted, and the revision and the change of the names of such public streets, avenues, and highways in the City of Baltimore, as suggested and recommended in said report is hereby approved, ordered, and directed, as therein recommended. *History: Ord. 08-162* #### § 7-2 Procedure for new streets. Balt., Md., Code art. 26, § 7-2 (2026) (a) Whenever a proposed ordinance or resolution is introduced in the City Council to authorize the acceptance by the Mayor or by the Mayor and City Council of a deed to the bed of any street, avenue, or other thoroughfare in the City, the proposal shall at once be referred to the Department of Transportation for a report as to the name of the street, avenue, or other thoroughfare. (b) If the same name by which such street, avenue, or other thoroughfare has been known is a duplicate of the name of any public street, avenue, or thoroughfare in the City of Baltimore, the said Department in its report shall so state, and in that event, it shall suggest to the City Council in said report a new name for such street, avenue, or thoroughfare. *History: Ord. 08-163* *History: Ord. 28-281* *History: Ord. 76-140* *History: Ord. 15-435* #### § 7-3 Procedure for naming or renaming. Balt., Md., Code art. 26, § 7-3 (2026) (a) Whenever a bill is introduced in the City Council to name or rename any public street, avenue, or other thoroughfare in Baltimore City, the bill shall at once be referred to the Department of Transportation and to the Department of Planning’s Historical and Architectural Preservation Division for a written report as to the advisability of the proposed name. (b) The Department of Transportation and the Historical and Architectural Preservation Division shall submit their reports as soon as practicable, and no further action may be taken by the City Council on the bill pending the receipt of those reports. (c) In naming or changing the name of any street, avenue, or other thoroughfare, the following guidelines shall be observed: (1) the name may not be the same as the name of an existing street, avenue, or thoroughfare; (2) the name may not be the name of a living person or persons; (3) the name may not be the name of an existing or proposed business or of an existing or proposed product of a business; and (4) the name shall be given to the entire length of the street, avenue, or thoroughfare. *History: Ord. 08-163* *History: Ord. 28-281* *History: Ord. 76-140* *History: Ord. 91-799* *History: Ord. 15-408* *History: Ord. 15-435* #### § 7-4 Procedure for revisions. Balt., Md., Code art. 26, § 7-4 (2026) (a) The Department of Transportation is authorized and directed to revise or change the names of any public streets, avenues, and highways of the City as may appear to be necessary and beneficial to the interests of the City. (b) Such revision or change shall become effective only upon and after the approval and concurrence of the Mayor and City Council of Baltimore. *History: Ord. 06-088* *History: Ord. 76-140* *History: Ord. 15-435* #### § 7-5 Renaming private streets. Balt., Md., Code art. 26, § 7-5 (2026) (a) Whenever a majority of the owners on any private street desire the name of the street to be changed on the municipal records and on the street signs, they shall file a petition with the Department of Transportation requesting the change. (b) The Department of Transportation shall refer to the City Council the petition and a written report with a recommendation as to the advisability of the name change. (c) (1) If the proposed change is satisfactory to the Department of Transportation and is approved by ordinance of the Mayor and City Council, the Department shall then change the street signs on the streets. (2) When the street name signs have been changed, the Department of Transportation shall enter the new name on its official maps, plats, and records, and thenceforth all records of the City shall carry the street under the new name. *History: Ord. 48-511* *History: Ord. 76-140* *History: Ord. 92-029* *History: Ord. 15-435* ### Subtitle 8 – Alleys #### § 8-1 Abutting owners’ duty to perform. Balt., Md., Code art. 26, § 8-1 (2026) It shall be the duty of the owners of property abutting upon or in the vicinity of public or private alleys in Baltimore City to: (1) do or have done any or all of the work hereinafter described which may be or become necessary from time to time; and (2) place and keep said alleys in proper condition; for and to promote the public welfare, health, safety, and convenience, and for the local benefit of the property owners in the vicinity. *History: Ord. 45-273* *History: Ord. 49-599* #### § 8-2 Alley work required. Balt., Md., Code art. 26, § 8-2 (2026) (a) (1) The Director of Transportation is authorized, at any time or times and from time to time, to do or have done, on the assessment plan hereinafter set forth, any or all of the following work in or adjacent to any public or private alleys of the City that he finds to be necessary for and to promote the public welfare, health, safety, and convenience, and for the local benefit of the property owners in the vicinity: (i) the proper grading or regrading of any alley; (ii) the paving or repaving of any alley with concrete or bituminous paving as, in the judgment of the Director of Transportation, may be necessary; (iii) the repair or paving of any alley in the manner and to the extent as, in the judgment of the Director of Transportation, may be necessary; and (iv) the construction, reconstruction, alteration, repair, removal, or relocation of any guard rails, guard fences, walls, embankments, supports, hedges, driveways, aprons, or approaches in or immediately adjacent to an alley as, in the judgment of the Director of Transportation, may be necessary. (2) The construction, reconstruction, alteration, or repair of any and all drains, drainage facilities, and their appurtenances in or adjacent to these alleys shall be done by, under the supervision of, or with the approval of the Director of Public Works. (b) Any and all such work shall be done in accordance with the provisions of the City Charter relating to public contracts and work, insofar as said Charter provisions may be applicable to said work. *History: Ord. 45-273* *History: Ord. 49-599* *History: Ord. 73-438* *History: Ord. 15-435* #### § 8-3 Plats and estimates. Balt., Md., Code art. 26, § 8-3 (2026) 20 days before beginning any of work on the assessment plan, the Director of Transportation: (1) shall prepare and file, in his office, a location plan showing the proposed work and an estimate of the cost thereof; and (2) shall send notice of the proposed work and an estimate of its cost, by mail, to each abutting property owner as shown on the assessment books: (i) stating that after the expiration of 20 days from the date of 1st mailing, he will proceed to do said work (describing said work, generally, in said notice and referring to said estimate and location plat) on the assessment plan provided in this ordinance; (ii) warning all persons and corporations desiring to put in any pipes or conduits in said alleys or to do other work requiring the digging up of the same, to proceed at once to do such work; and (iii) further warning all persons interested that they may appear in the Director’s office, on a day certain, at the time and location stated in the notice and make known to the Director any objections they may have to doing the work on the assessment plan. *History: Ord. 45-273* *History: Ord. 49-599* *History: Ord. 73-438* *History: Ord. 15-435* #### § 8-4 Assessment of costs. Balt., Md., Code art. 26, § 8-4 (2026) (a) After any contract for the work of grading, paving, or curbing an alley or part thereof has been awarded in a manner provided by the law, the Director of Transportation shall assess the costs thereof upon the property binding on the alley or any part thereof to be graded, paved, or curbed equally in amount to the part of the expense that the Director of Transportation, with the concurrence of the Board of Estimates, determines to be borne by the owner or owners of the property. (b) (1) The Director of Transportation shall apportion the costs so that the several lots of ground binding on both sides of the alley or part thereof to be graded, paved, or curbed shall become liable for pro rata parts thereof according to the frontage of the property thereon. (2) In counting the number of feet which any property abuts upon the alley to be paved: (i) the actual number of such feet shall be taken as to all lots having their front or rear upon said alley; but (ii) corner lots, having their front on some intersecting or crossing alley and having their side upon the alley to be paved, shall be counted for 1/5 the length of such side; and the property owners’ share of the expense of paving such alley shall be divided equally in proportion to the number of feet abutting upon such alley counting as herein directed. (3) Provided that if within a period of 5 years, alleys are graded, paved, or curbed abutting a corner lot, the owner of the corner lot abutting the alleys graded, paved, or curbed shall be assessed for the improvements to either the side alley or rear alley whichever assessment is greater. (c) (1) The cost of paving alleys under the provisions of this subtitle shall be assessed in the aforementioned proportion upon the abutting property owners in every case, in no instance, however, to exceed ⅔ of said cost. (2) No assessment made for said work shall include any of the following costs and expenses, which costs shall be borne by the City of Baltimore: (i) Exception 1. The cost and expense for the construction, reconstruction, alteration, or repair of drains or drainage facilities. (ii) Exception 2. The cost and expense for the acquisition of necessary easements or rights of way. (d) The Director of Transportation shall then prepare a statement showing the amount of assessment upon each of the lots of ground. *History: Ord. 45-273* *History: Ord. 49-599* *History: Ord. 73-438* *History: Ord. 76-139* *History: Ord. 79-985* *History: Ord. 85-505* *History: Ord. 85-553* *History: Ord. 91-660A* *History: Ord. 15-435* #### § 8-5 Deferred payments. Balt., Md., Code art. 26, § 8-5 (2026) (a) Whenever any alley or part thereof is graded, paved, or curbed, the Director of Transportation may, if it appears advisable to the Director, provide in the statement of assessments that the payment of the amount so assessed may, at the option of the owners of the respective lots of ground assessed, be made: (1) in equal annual payments, (2) plus interest on the unpaid balance as the Director of Transportation, with the concurrence of the Board of Estimates, determines to be just and proper, and (3) over a definite period of time as the Director of Transportation determines, not to exceed 5 years from the date of the delivery of the statement to the Director of Finance. (b) The assessments so made shall be and continue liens on the respective lots of ground from the date of completion of the contract or portion thereof for the grading, paving, and curbing of such alley, or part thereof, until paid. *History: Ord. 45-273* *History: Ord. 49-599* *History: Ord. 56-644* *History: Ord. 73-438* *History: Ord. 15-435* #### § 8-6 Appeals. Balt., Md., Code art. 26, § 8-6 (2026) (a) Within 30 days of the mailing of a notice of assessment, the owner of the property may appeal the assessment to the Board of Municipal and Zoning Appeals in accordance with the City Charter. (a-1) (1) A person aggrieved by a decision of the Board of Municipal and Zoning Appeals under this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. (b) If the assessment is sustained, in whole or in part, by the Board or, if further appealed, by the Court, the lien relates back to the time the work was completed. *History: Ord. 45-273* *History: Ord. 49-599* *History: Ord. 73-438* *History: Ord. 76-139* *History: Ord. 04-672* *History: Ord. 19-332* #### § 8-7 Collections. Balt., Md., Code art. 26, § 8-7 (2026) (a) After the completion of the contract or portion thereof or as soon as possible thereafter, the Director of Transportation shall report the assessment so made to the Director of Finance, who shall proceed to collect the same in the same manner as taxes upon real estate are collected. (b) (1) These assessments: (i) shall be due and payable as soon as reported to the Director of Finance; and (ii) may be paid in deferred payments as provided in § 8-5 of this subtitle. (2) This election, with the 1st installment, must be made prior to the interest date and may also be paid in full, without interest, at any time prior to 30 days after the 1st of the month succeeding the date of such report to the Director of Finance and, unless paid within that time, shall thereafter bear interest until paid in full. (c) Said assessments shall be liens upon the property, the owners of which are so assessed, from the date of the completion of the contract or portion thereof for the work for which such assessments are made, subject, as to any party who may have appealed, to the final determination of the Board of Municipal and Zoning Appeals or the court or jury upon such appeal. (d) (1) The Director of Finance: (i) shall have the same remedies for the collection of said assessments, interest, and penalties as are provided by law or ordinance for the collection of ordinary taxes upon real estate; and (ii) may use these remedies upon default of any 1 annual payment. (2) Said default shall cause the whole of the remainder of the amount so assessed and yet unpaid to be due and owing. *History: Ord. 45-273* *History: Ord. 49-599* *History: Ord. 73-438* *History: Ord. 76-139* *History: Ord. 04-672* *History: Ord. 15-435* #### § 8-8 Projects excepted from assessments – Permissive exceptions. Balt., Md., Code art. 26, § 8-8 (2026) Notwithstanding any other terms and provisions of this subtitle, in each and every case, from time to time, where the Director of Transportation estimates that the entire cost of all the work required to be done under this subtitle will not be more than 5% of the cost of the total construction or reconstruction of the alley, exclusive of the exceptions of § 8-4 of this subtitle, the Director of Transportation is authorized, but not required, to do or to have that work done at the entire expense of the City. *History: Ord. 45-273* *History: Ord. 49-599* *History: Ord. 74-438* *History: Ord. 76-139* *History: Ord. 15-435* #### § 8-9 Projects excepted from assessments – Mandatory exceptions. Balt., Md., Code art. 26, § 8-9 (2026) (a) Notwithstanding any other terms and provisions of this subtitle, when work is: (1) required to be done: (i) pursuant to the provisions of this subtitle; and (ii) in accordance with Area Code Enforcement or Urban Renewal Plan approved by ordinance of the Mayor and City Council of Baltimore; and (2) financed either wholly or partially by Federal funds, then and in that event said work shall be done at the entire expense of the City, and shall in no event become a lien against any adjacent property owner. (b) The cost of the work shall be shared by the Department of Housing and Community Development and the Department of Transportation, consistent with the adopted policy of the Board of Estimates and fee schedule. *History: Ord. 74-764* *History: Ord. 15-435* #### § 8-10 Maintenance of alleys. Balt., Md., Code art. 26, § 8-10 (2026) The Director of Transportation is authorized to maintain the alleys that have been paved, constructed, or reconstructed under this subtitle for a period not to exceed 10 years without further charge to the property owner. *History: Ord. 73-438* *History: Ord. 15-435* #### § 8-11 Effect of work done. Balt., Md., Code art. 26, § 8-11 (2026) The doing of any of the aforesaid work on the said assessment plan, or at the general expense and without assessment therefor, shall not be held, taken, or construed as: (1) acceptance of any dedication of any alley; or (2) obligating the City to thereafter maintain any of the said alleys except as herein provided; or (3) in any way affecting the legal status of any alley. *History: Ord. 73-438* ### Subtitle 8A – Gating and Greening Alleys #### § 8A-1 Definitions. Balt., Md., Code art. 26, § 8A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Abandoned property” means: (1) an unoccupied structure or vacant lot on which taxes are in arrears for at least 2 years; or (2) a building that: (i) is unoccupied by an owner or tenant; (ii) is unfit for habitation; (iii) has deteriorated to the point at which: A. it is structurally unsound; or B. the cost of rehabilitating the building would significantly exceed the building’s post-rehabilitation market value; and (iv) has been the subject of a violation notice or order from the City that requires the owner to: A. rehabilitate the building to conform to minimum code habitability requirements; or B. demolish the building for health and safety reasons. (c) “Department” means the Department of Transportation. (d) “Director” or “Director of Transportation” means the Director of the Department of Transportation or the Director’s designee. (e) (1) “Greening” means any alteration to an alley, beyond mere gating, that newly restricts vehicular access to or in the alley. (2) “Greening” includes, but is not limited to, the installation of a fixed object, plant, or tree that newly restricts vehicular access to or in the alley. *History: Ord. 07-409* *History: Ord. 11-580* *History: Ord. 15-405* #### § 8A-2 Balt., Md., Code art. 26, § 8A-2 (2026) Reserved #### § 8A-3 Balt., Md., Code art. 26, § 8A-3 (2026) Reserved #### § 8A-4 Scope; General standards. Balt., Md., Code art. 26, § 8A-4 (2026) (a) This subtitle governs the procedures for gating, greening, and leasing alleys under the authority of City Charter Article II, § 35(e) and (f). (b) The Director of Transportation may authorize the gating and, if applicable, the greening of an alley if, on petition, public notice, and hearing as provided in this subtitle, the Director determines that: (1) the alley is no longer needed for through pedestrian or vehicular traffic; (2) the gating and, if applicable, the greening will promote the public health, safety, or welfare; and (3) the majority of the structures abutting the alley: (i) are residential; or (ii) contain, above a non-residential ground floor, 1 or more upper stories that, as allowed by the applicable Use Table of the Baltimore City Zoning Code, are being used or are designed and intended to be used as residential dwellings. *History: Ord. 07-409* *History: Ord. 11-580* *History: Ord. 15-405* *History: Ord. 18-107* #### § 8A-5 Rules and regulations; Fees. Balt., Md., Code art. 26, § 8A-5 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation must adopt rules and regulations to carry out this subtitle. (b) The rules and regulations adopted under this subtitle may set reasonable fees to cover the costs incurred by the Department in processing a petition. *History: Ord. 07-409* *History: Ord. 11-580* *History: Ord. 15-405* *History: Text Conformed 02/23/21* #### § 8A-6 Balt., Md., Code art. 26, § 8A-6 (2026) Reserved #### § 8A-7 Record of abutting owners. Balt., Md., Code art. 26, § 8A-7 (2026) At the request of any person interested in the gating or greening of an alley, the Department of Transportation must provide that person with a list of the names and addresses, as then shown on the Department’s records, of the owners of all properties abutting that alley. *History: Ord. 07-409* *History: Ord. 11-580* *History: Ord. 15-405* #### § 8A-8 Petition required. Balt., Md., Code art. 26, § 8A-8 (2026) (a) To initiate a proceeding under this subtitle, a petition by abutting owners must be submitted to the Director of Transportation. (b) The petition must specify whether it is for: (1) gating, but not greening, an alley; (2) gating and greening an alley; or (3) greening an alley for which gating already has been approved. (c) The petition must be accompanied by: (1) a statement that specifies how the proposed gating and, if applicable, the proposed greening would promote the public health, safety, or welfare; and (2) the signed consents of abutting owners, as required by § 8A-9 {“Consents – Gating only”} or § 8A-10 {“Consents – Greening”} of this subtitle, as the case may be. (d) Each petition and its accompanying statement and consents must be in the form and contain the information that the Director requires by rule or regulation. *History: Ord. 07-409* *History: Ord. 11-580* *History: Ord. 15-405* *History: Ord. 19-332* #### § 8A-9 Consents of abutting owners – Gating only. Balt., Md., Code art. 26, § 8A-9 (2026) (a) A petition to gate, but not to green an alley must be accompanied by the signed consents of at least 75% of the owners of all abutting properties, not including abandoned properties. (b) If 1 or more abutting owners has not consented in writing to the proposed gating, the petition must be accompanied by an affidavit, made under the penalties of perjury, that describes and substantiates diligent attempts made by the petitioners to obtain the consents of all of the owners of all abutting properties. *History: Ord. 07-409* *History: Ord. 15-405* #### § 8A-10 Consents of abutting owners – Greening. Balt., Md., Code art. 26, § 8A-10 (2026) (a) Except as provided in subsection (b) of this section, a petition to gate and green an alley or a petition to green an alley for which gating already has been approved must be accompanied by the signed consents of 100% of the owners of all abutting properties. (b) If 1 or more abutting properties are unoccupied or abandoned and, notwithstanding due diligence, their owners have not been found, the petition may still be filed and considered if: (1) the petition is accompanied by the signed consents of 100% of the owners of all occupied properties abutting the alley; (2) the properties for which signed consents have been obtained constitute at least 80% of all of the properties, not including any abandoned properties, abutting the alley; and (3) the petition is accompanied by an affidavit, made under the penalties of perjury, that: (i) describes and substantiates diligent attempts made by the petitioners to obtain the consents of 100% of the owners of all unoccupied properties and abandoned properties abutting the alley; and (ii) affirms that no owner of any abutting property has refused to sign a consent or otherwise is known to object to the petition. *History: Ord. 07-409* *History: Ord. 15-405* #### § 8A-11 Reviews by Police and Fire Departments. Balt., Md., Code art. 26, § 8A-11 (2026) (a) On receipt of a completed petition, the Director of Transportation must refer the petition to both the Police Commissioner and the Fire Marshall for their respective reviews and, within 30 days of the referral, submission of reports. (b) If the Police Commissioner or the Fire Marshall fails to submit a report to the Director of Transportation within the 30-day submission period, that official is deemed to have no objections to the petition. *History: Ord. 07-409* *History: Ord. 15-405* #### § 8A-12 Public hearing. Balt., Md., Code art. 26, § 8A-12 (2026) (a) During the 30-day period for submission of reports under § 8A-11 {“Reviews by Police and Fire Departments”}, the Director of Transportation must: (1) determine whether the petition satisfies all legal requirements for a petition; and (2) if it does, schedule a public hearing to be held as soon as practicable after the determination and, in any event, within 30 days of that determination. (b) (1) At least 10 days before the hearing, the petitioners must post notice of the hearing at each end of the alley. (2) The posted notice must be of the size and contain the information that the Director requires by rule or regulation. (c) (1) At least 10 days before the hearing, the petitioners must also mail notice of the hearing to the owners of all properties abutting the alley, as then shown on the Department’s records. (2) The mailed notice must contain the information that the Director requires by rule or regulation. *History: Ord. 07-409* *History: Ord. 11-580* *History: Ord. 15-405* #### § 8A-13 Decision. Balt., Md., Code art. 26, § 8A-13 (2026) Within 30 days of the hearing, the Director of Transportation must: (1) issue a written decision on the petition; and (2) send a copy of the decision to the person designated for this purpose by the petitioners. *History: Ord. 07-409* *History: Ord. 11-580* *History: Ord. 15-405* #### § 8A-14 Balt., Md., Code art. 26, § 8A-14 (2026) Reserved #### § 8A-15 Required lease. Balt., Md., Code art. 26, § 8A-15 (2026) (a) The approval of any petition to gate or green an alley is subject to the entry into a lease, in the form and on the terms approved by the Board of Estimates, between the City, as lessor, and a neighborhood association or other non-profit entity that consists of property owners whose properties abut the alley or otherwise represents the area in which the alley and its abutting properties are located, as lessee. (b) The lease must include, at a minimum, provisions to the following effect: (1) All plans for the design and construction of gates, for any sodding, seeding, pavement removal, or other landscaping of the alley, and, if within the scope of the approved petition, for any greening of the alley must be reviewed and approved by the Department of Public Works, by the Department of Transportation, and, if the alley is located within an Historical and Architectural Preservation District or is on or adjacent to property included on the City’s Landmark List or Special List, by the Commission for Historical and Architectural Preservation. (2) All costs related to the preparation of these plans, to the purchase, installation, and maintenance of gates, to sodding, seeding, pavement removal, or other landscaping of the alley, or, if within the scope of the approved petition, to any greening of the alley, and all costs related to general maintenance of the alley, including all fees for building, fire, or related permits, are at the lessee’s expense. (3) If the approved petition is for gating, but not greening, the alley, the lessee may not cause or permit any greening of the alley or otherwise cause or permit any alteration to the alley, beyond mere gating, that would newly restrict vehicular access to or in the alley. (4) If the approved petition is for gating and greening the alley or for greening an alley for which gating already has been approved, no greening activities may be undertaken until the lessee has first entered into a developer’s agreement with the Department. (5) Access to the alley must be available to the City’s Police, Fire, Public Works, and Transportation Departments, to all other appropriate agencies of the City, and to all companies that have utilities lawfully located in the alley. (6) A Knox box must be placed on each gate for access by authorized vehicles and pedestrians. (7) No utilities in the alley may be disturbed or built upon, and all easements for utilities must be preserved. (8) If the Public Works Department, the Transportation Department, or their employees, agents, or contractors enter the alley for maintenance, repair, or replacement of City utilities, the Department: (i) is responsible, on completion of its work, for restoring the alley to grade; but (ii) is not responsible for any other work in the alley or for any other costs incurred in restoring the alley. (9) Nothing in the lease may affect or be construed to affect any person’s private rights in the alley. (10) The Director of Transportation may terminate the lease and may order or cause, at the lessee’s expense, the removal of all gates and other obstructions and the alley’s restoration if: (i) at any time, the owners of two-thirds of the abutting properties, not including any abandoned properties, so request in writing; (ii) at any time, the lessee is in default of any term of the lease and has failed to cure that default in accordance with the terms of the lease; or (iii) after a public hearing, with prior notice as provided in the lease, the Director determines that: A. the alley is needed for through pedestrian or vehicular traffic; or B. the gating and, if applicable, the greening no longer promotes the public health, safety, or welfare. *History: Ord. 07-409* *History: Ord. 11-580* *History: Ord. 15-405* #### § 8A-16 Restoration of alley by utility companies. Balt., Md., Code art. 26, § 8A-16 (2026) If a company that has utilities lawfully located in a leased alley enters the alley for maintenance, repair, or replacement of the utilities, the company: (1) is responsible, on completion of its work, for restoring the alley to grade; but (2) is not responsible to the lessee for any other work in the alley or for any other costs incurred in restoring the alley. *History: Ord. 07-409* *History: Ord. 15-405* #### § 8A-17 Balt., Md., Code art. 26, § 8A-17 (2026) Reserved #### § 8A-18 Judicial and appellate review. Balt., Md., Code art. 26, § 8A-18 (2026) (a) A person aggrieved by a final decision of the Director under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 07-409* *History: Ord. 11-580* ### Subtitle 9 – Footways - In General #### § 9-1 General standards. Balt., Md., Code art. 26, § 9-1 (2026) (a) (1) Every footway installed along any paved or unpaved street, lane, or alley of the City must be of the width and in the location that the Director of Transportation directs in each instance. In no event, however, may the width be less than 4 feet. (2) Wherever required by the Director of Transportation , the streets, lanes, and alleys of the City must be paved to the building line, to the full width of the sidewalk reservation. (b) If the proprietor of any lot refuses or neglects to comply with this section, the owner of the lot is subject to a fine of $10 for each day the neglect or refusal continues, to be recovered as other fines and forfeitures are recoverable. *History: Ord. 1868-071* *History: Ord. 12-102* *History: Ord. 15-007* *History: Ord. 48-319, Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* #### § 9-2 Temporary footway required when digging up sidewalk. Balt., Md., Code art. 26, § 9-2 (2026) (a) (1) Whenever any sidewalk is dug or torn up by any person or corporation, that person or corporation must construct a substantial footway over the sidewalk so dug or torn up. (2) The footway must: (i) be constructed within 2 days from the start of the digging or tearing up; (ii) be at least 3 feet wide, with proper guards on the side for the use of the public; and (iii) be maintained until the sidewalk is restored and repaved in a proper manner. (b) If the work is done in an area subject to a streetscape plan approved in accordance with Subtitle 10A of this article: (1) the work performed and the temporary footway must conform to all provisions of the plan that govern temporary footways; and (2) all restoration and repair must be performed in accordance with the streetscape plan. (c) Every person or corporation who refuses or neglects to comply with this section is liable to a penalty of $10 for each day that passes without a footway being in place as required by this section. *History: Ord. 1894-013* *History: Ord. 00-010* #### § 9-3 Director’s authority. Balt., Md., Code art. 26, § 9-3 (2026) (a) The Director of Transportation has full power: (1) to grade and regulate the footways in all paved streets, lanes, and alleys in the City, and all streets, lanes, and alleys to be paved, repaved, or repaired, to the grade of ½ of an inch ascent (as nearly as practicable in each case) for every 1 foot in width of the footway, from the top of the curb or gutter to the line of the street, lane, or alley; and (2) to require that all drainage across footways be carried underground and through the curb to the gutter, in accordance with the specifications of the Director of Public Works. (b) In addition, the Director of Transportationmay implement a streetscape plan approved in accordance with Subtitle 10A of this article to the same extent and with the same authority as other repairs and work described in Subtitle 10 of this Article. *History: Rev. Ords. 1858-013* *History: Ord. 48-319* *History: Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* ### Subtitle 10 – Footways - Along Paved Streets #### § 10-1 Notice to property owners. Balt., Md., Code art. 26, § 10-1 (2026) (a) This section applies whenever the Director of Transportation: (1) finds that any footway, in whole or in part, of any paved street, lane, or alley of the City: (i) is not properly graded and paved; (ii) is in bad repair; (iii) is otherwise in a defective condition; or (iv) is inconsistent with a streetscape plan approved in accordance with Subtitle 10A of this article; and (2) determines, in his or her judgment, that the footway: (i) needs grading, paving, repaving, or repairing; or (ii) otherwise needs to be brought into compliance with the approved streetscape plan. (b) (1) The Director must: (i) provide each person whose property binds or abuts on the footway with a written notice of the Director’s intention to improve, grade, pave, repave, or repair it; and (ii) give all persons whose property binds or abuts on the footway an opportunity 30 days after the date of notice to show cause, if any, why the footway should not be improved, graded, paved, repaved, or repaired. (2) If the owner of any property cannot be found by the Director of Transportation, the Director must cause the notice to be conspicuously posted on the premises. (c) (1) The Director of Transportation must cause the notice provided for in this section to be given to the owner of each lot adjacent to which a footway is required to be improved, graded, paved, repaved, or repaired. (2) For this purpose, notice may be: (i) left at any house on the lot; (ii) served personally on the owner or the owner’s tenant, agent, or guardian; (iii) left at the owner’s residence; (iv) published in 1 or more newspapers of the City; or (v) posted or set up on the premises. (3) Notice given in any of these ways suffices for the purposes of this section and §§ 11-1 and 17-4 of this article. *History: Rev. Ords. 1858-013* *History: Ord. 12-102* *History: Ord. 21-573* *History: Ord. 22-711* *History: Ord. 48-319* *History: Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* *History: * *History: * #### § 10-2 Appeal of proposed work. Balt., Md., Code art. 26, § 10-2 (2026) (a) Within 30 days from the date of the hearing by the Director of Transportation, any person whose property binds or abuts on the footway and who is dissatisfied with the Director’s decision on the need for improving, grading, paving, repaving, or repairing any footway, may appeal to the Board of Municipal and Zoning Appeals. (b) That Board must hear the appeal, and its decision is final. *History: Ord. 12-102* *History: Ord. 21-573* *History: Ord. 22-711* *History: Ord. 48-319* *History: Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* *History: * *History: * #### § 10-3 By whom work to be done. Balt., Md., Code art. 26, § 10-3 (2026) (a) If no appeal is taken from the Director’s decision or if, after appeal, the Director’s decision is affirmed by the Board of Municipal and Zoning Appeals, the Director must then have the footway properly improved, graded, paved, repaved, or repaired. (b) The owner of the property may privately improve, grade, pave, repave, or repair the footway either: (1) within 45 days after the notice described under §10-1(b) is provided to the owner; or (2) if an appeal is taken, within 15 days after the decision of the Board of Municipal and Zoning Appeals *History: Rev. Ords. 1858-013* *History: Ord. 12-102* *History: Ord. 21-573* *History: Ord. 22-711* *History: Ord. 48-319* *History: Ord. 76-139* *History: Ord. 00-010* *History: * *History: * #### § 10-4 Manner of work. Balt., Md., Code art. 26, § 10-4 (2026) All work by the Director or a property owner must be done as follows: (1) where no streetscape plan is in effect, with materials approved by the Director; (2) where a streetscape plan is in effect, strictly in accordance with the streetscape plan; and (3) in all cases: (i) under the supervision and in accordance with the specifications of the Director of Transportation; and (ii) in a sufficient and substantial manner, consistent with modern techniques for improving, paving, repaving, or repairing footways. *History: Ord. 12-102* *History: Ord. 21-573* *History: Ord. 22-711* *History: Ord. 48-319* *History: Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* *History: * #### § 10-5 Assessments of costs. Balt., Md., Code art. 26, § 10-5 (2026) When work under this subtitle is completed by the Director of Transportation, the Department of Transportation must determine and record in the Director’s office: (1) the fact that the work has been done; (2) the date the work was completed; (3) the total expense of doing the work, including expenses reasonably incurred to ascertain the names of abutting property owners; (4) the names of the abutting property owners; (5) the scope of the work done at each property for which the property or its owner is to be assessed; and (6) the total amount proposed to be assessed against each of the abutting properties and their owners. *History: Rev. Ords. 1858-013* *History: Ord. 12-102* *History: Ord. 15-007* *History: Ord. 21-573* *History: Ord. 48-319* *History: Ord. 56-644* *History: Ord. 76-139* *History: Ord. 89-290* *History: Ord. 00-010* *History: Ord. 15-435* *History: * *History: * #### § 10-6 Damage caused by City trees. Balt., Md., Code art. 26, § 10-6 (2026) (a) If the damage to a footway was clearly caused by trees owned by the City, then the Mayor and City Council of Baltimore is responsible for the cost of the necessary improving, grading, paving, repaving, or repairing. (b) The question of responsibility may be determined at the hearing and any appeal taken by the property owner, as authorized in this subtitle. (c) In any fiscal year, the City’s obligation under this section may not exceed the amount appropriated in that fiscal year for these purposes. *History: Ord. 67-1196* *History: Ord. 73-347* *History: Ord. 00-010* *History: * #### § 10-7 Deferred payments. Balt., Md., Code art. 26, § 10-7 (2026) (a) Whenever any footway is improved, graded, paved, repaved, or repaired, the Director of Transportation may authorize payment of the assessed amount, if it is for more than $100, to be made, at the option of the property owner, in equal annual payments, plus interest on the unpaid balance. (b) Except as provided in subsection (c) of this section: (1) interest accrues at the rate that the Director of Transportation, with the concurrence of the Board of Estimates, determines to be just and proper; and (2) the number of years over which installments may be paid is as set by the Director of Transportation, not to exceed 5 years from the date of the assessment report to the Director of Finance. (c) For work done under a streetscape plan approved in accordance with Subtitle 10A of this article: (1) interest accrues at the rate specified in the plan; and (2) the number of years over which installments may be paid is as specified in the plan, not to exceed 10 years from the date of the assessment report to the Director of Finance. (d) The assessments continue as liens on the respective lots of ground from the date the work was completed until paid. *History: Ord. 89-290* *History: Ord. 00-010* *History: Ord. 15-435* *History: * #### § 10-8 Collections. Balt., Md., Code art. 26, § 10-8 (2026) (a) Once made, the Director of Transportation must report the assessments to the Director of Finance, who must proceed to collect them in the same manner that real estate taxes are collected. (b) (1) All assessments are due as soon as reported to the Director of Finance. (2) Assessments may be paid: (i) pursuant to an election to be made before the interest date, in deferred payments as provided in § 10-7 of this subtitle; or (ii) in full, without interest, at any time prior to 30 days after the 1st of the month succeeding the date of the report to the Director of Finance. (3) All assessments bear interest from the date due until paid in full, unless: (i) the assessment is paid on time; or (ii) the assessment is pending appeal. (c) A property owner may appeal an assessment: (1) to the director of transportation within 10 days of receipt of a Notice of Assessment from the director of finance; or (2) to the board of municipal and zoning appeals within 30 days of the Mailing of a notice of assessment, in accordance with §10-9 of this Subtitle. (d) The assessments are liens on the property from the date the work is completed, subject, as to any party who has appealed, to the final decision on appeal. (e) (1) The Director of Finance: (i) has the same remedies for the collection of assessments, interest, and penalties as those provided by law for the collection of ordinary taxes on real estate; and (ii) may use these remedies on default of any 1 annual payment. (2) A default causes all of the amount assessed and yet unpaid to be due and payable. *History: Ord. 21-573* *History: Ord. 48-319* *History: Ord. 56-644* *History: Ord. 76-139* *History: Ord. 89-290* *History: Ord. 00-101* *History: Ord. 04-672* *History: Ord. 19-332* *History: * *History: * *History: * #### § 10-9 Appeals. Balt., Md., Code art. 26, § 10-9 (2026) (a) Within 30 days of the mailing of a notice of assessment, the owner of the property on which the assessment is levied may appeal the assessment to the Board of Municipal and Zoning Appeals in accordance with the City Charter. (b) (1) A person aggrieved by a decision of the Board of Municipal and Zoning Appeals under this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Appellate Court of Maryland in accordance with the Maryland Rules of Procedure. (c) If, on appeal, an assessment is sustained in whole or in part, the lien relates back to the time the work was completed. *History: Ord. 21-573* *History: Ord. 48-319* *History: Ord. 56-644* *History: Ord. 76-139* *History: Ord. 89-290* *History: Ord. 00-010* *History: Ord. 15-435* *History: * #### § 10-10 Recovery by suit. Balt., Md., Code art. 26, § 10-10 (2026) In addition to the remedy provided in § 10-9 of this subtitle, the City may recover, by suit or action at law from the owner of any property abutting on any footway that has been improved, graded, paved, repaved, or repaired by the Director of Transportation under this subtitle, the cost of the work done on the footway. *History: Rev. Ords. 1858-013* *History: Ord. 21-573* *History: Ord. 48-319* *History: Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* *History: * #### § 10-11 Anticipation of collections. Balt., Md., Code art. 26, § 10-11 (2026) With the Mayor’s approval, the Director of Transportation may draw on the City Comptroller, in anticipation of the collections from abutting property owners, for the money needed to improve, grade, pave, repave, or repair any footway under this subtitle. *History: Rev. Ords. 1858-013* *History: Ord. 21-573* *History: Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* *History: * ### Subtitle 10A – Footways - Streetscape Plans #### § 10A-1 Definitions. Balt., Md., Code art. 26, § 10A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “District” means: (1) a Management District established under the City Charter; or (2) the Midtown Community Benefits District established under City Code Article 14, Subtitle 7 {“Midtown Community Benefits District”}. (c) “Streetscape plan” means a plan for the consistent treatment of footways, sidewalks, curbs, gutters, and landscaping within all or any part of a District. (d) “Improved” or any of its variations: (1) means the implementation of the footway, sidewalk, curb, gutter, or landscaping standards, guidelines, treatments, and materials contained in an approved streetscape plan; and (2) includes all costs of repairing or replacing the elements of a streetscape plan. *History: Ord. 00-010* *History: Ord. 04-671* #### § 10A-2 Required elements of plan. Balt., Md., Code art. 26, § 10A-2 (2026) (a) Each streetscape plan must address the repair, replacement, beautification, enhancement, treatment, and future maintenance of all sidewalks, curbs, gutters, and landscaping within the affected area. (b) Each streetscape plan must contain: (1) standards and guidelines for all materials and work; (2) a proposed implementation schedule; (3) an estimate of the costs to be incurred in implementing the plan; and (4) an estimated allocation and assessment of costs to property owners. *History: Ord. 00-010* #### § 10A-3 Costs. Balt., Md., Code art. 26, § 10A-3 (2026) (a) Each streetscape plan must provide both an annual and long-term budget for the anticipated costs of the plan. (b) A streetscape plan may not impose costs on a property owner that exceed the estimated obligation the property owner would incur under its repair obligations in the absence of a streetscape plan. (c) A streetscape plan: (1) need not be limited to costs imposed directly on each abutting property owner; (2) may include or provide for: (i) a deferred payment arrangement of the kind authorized in § 10-7 of this article; and (ii) contributions from any public or private entity or body; and (3) may contain elements that are to be implemented only if contributions are obtained or provided from public or private entities or bodies. (d) Every streetscape plan must consider and address the costs and allocation of responsibility for regular maintenance and repair. *History: Ord. 00-010* #### § 10A-4 Approval of plan. Balt., Md., Code art. 26, § 10A-4 (2026) (a) No streetscape plan may be submitted to the Director of Transportation or to the affected property owners unless the board of directors of the District’s Management Authority, after holding a public hearing on it, approves the plan. (b) (1) No streetscape plan may be implemented until the property owners affected by the streetscape plan have been given an opportunity to protest the streetscape plan. (2) The Director of Transportation must establish a protest period for this purpose, with procedures generally similar to those set forth in Section 11 of Ordinance 92-057. (3) The streetscape plan may not be submitted to the Director of Transportation for approval if, by the end of the protest period, protests have been received from more than 40% of the property owners, either as to number or assessable values. (c) The Approval of a streetscape plan is not subject to the appeal rights set forth in Subtitle 10 of this article. *History: Ord. 00-010* *History: Ord. 04-671* *History: Ord. 15-435* #### § 10A-5 Implementation of plan. Balt., Md., Code art. 26, § 10A-5 (2026) (a) On approval by the Director of Transportation of a streetscape plan, the Director must implement the plan in accordance with its terms, working where appropriate with the Management Authority for the District. (b) (1) Work designated under the plan to be done by the Director of Transportation may proceed without regard to the notice and procedures of Subtitle 10 of this article. (2) Work designated under the Plan to be done by property owners may only be done by the Director in accordance with the notice and appeal rights of Subtitle 10 of this article. *History: Ord. 00-010* *History: Ord. 15-435* #### § 10A-6 Owners not relieved of maintenance obligations. Balt., Md., Code art. 26, § 10A-6 (2026) Approval of a streetscape plan does not diminish the obligations of adjoining property owners to sweep, clean, and maintain in good order footways and sidewalks adjacent to their properties. *History: Ord. 00-010* *History: Ord. 04-671* ### Subtitle 11 – Footways - Along Unpaved Streets #### § 11-1 Work done by property owners. Balt., Md., Code art. 26, § 11-1 (2026) (a) This section applies whenever any unpaved street, lane, avenue, or alley: (1) is used as a public thoroughfare; and (2) either: (i) is without a proper footway; or (ii) the footway along the street, lane, avenue, or alley is out of repair or in a bad, unsafe, or dangerous condition. (b) The Director of Transportation must notify the owners of the lots binding or abutting on the unpaved street, lane, avenue, or alley in the same manner that notice is required to be given under Subtitle 10 of this article. (c) The notice must require the owner as follows: (1) in an area where no streetscape plan is in effect, to construct a footway out of cinders, crushed stone, wood, or other suitable material or to repair or put in good condition any already-existing footway within 5 days from the time the notice is given; and (2) in an area subject to a streetscape plan approved in accordance with Subtitle 10A of this article, to construct a footway or to repair or put in good condition an already-existing footway strictly in accordance with the streetscape plan. *History: Ord. 02-051* *History: Ord. 48-319* *History: Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* #### § 11-2 Work done by City; assessments. Balt., Md., Code art. 26, § 11-2 (2026) (a) On the failure of the owner of any lot binding or abutting on any unpaved street, lane, avenue, or alley to comply with a notice given under § 11-1 of this article, the Director of Transportation must: (1) construct the footways and make the necessary improvements, repairs, and grading; and (2) charge the cost of that work to the owner to whom notice was given. (b) These costs are a debt against the property, and the Director of Transportation must refer them to the Director of Finance, to be collected as the other claims of the City are collected. *History: Ord. 02-051* *History: Ord. 48-319* *History: Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* #### § 11-3 Grades. Balt., Md., Code art. 26, § 11-3 (2026) The Director of Transportation may cause all footways that the Director constructs or that otherwise are constructed in accordance with this subtitle, brought to proper grades, either by excavating where too high or filling in where too low. *History: Ord. 02-051* *History: Ord. 76-139* *History: Ord. 00-010* *History: Ord. 15-435* ### Subtitle 12 – Alley and Footway Assessment Credits #### § 12-1 Persons eligible. Balt., Md., Code art. 26, § 12-1 (2026) A property owner who receives a statement of assessments from the Director of Transportation for the grading, paving, or repairing of an alley or footway shall be eligible for a credit on the amount assessed if the property owner received a homeowner’s property tax credit in the fiscal year immediately previous to the year in which the assessment statement is received. *History: Ord. 89-289* *History: Ord. 15-435* #### § 12-2 Amount of credit. Balt., Md., Code art. 26, § 12-2 (2026) The credit provided by this subtitle shall be equivalent to the same percentage that the homeowner’s property tax credit provided for in Tide 9, Subtitle 1 of the Tax-Property Article of the Maryland Code bears to the total real property tax bill. *History: Ord. 89-289* ### Subtitle 13 – Lamps and Lighting #### § 13-1 Street lamps, etc. Balt., Md., Code art. 26, § 13-1 (2026) (a) The Department of Transportation, subject to the powers of the Board of Estimates, shall make all contracts: (1) for furnishing, operating, and maintaining lamps and lamp standards; (2) for furnishing steam for public buildings; and (3) for furnishing illuminating gas and electric current for street lamps and public buildings. (b) The Department of Transportation must: (1) regulate the lighting and cleaning of the City lamps and see that they are kept in proper repair; (2) erect new lamp standards and lamps for lighting the highways, streets, lanes, alleys, bridges, parks, and squares in the City; (3) remove or relocate any lamp standards and lamps whenever and wherever, in its judgment, convenience and necessity of the public may require; (4) make monthly statements of the street gas lamps and ascertain the correct rate or rates of gas consumption for all such lamps; and (5) ensure that, on or before June 30th 2013, all City electric street lamps are equipped with energy efficient light emitting diode lights or similar cost-effective technology. *History: Ord. 1880-104* *History: Ord. 46-590* *History: Ord. 76-056* *History: Ord. 11-567* #### § 13-2 Lighting alleys. Balt., Md., Code art. 26, § 13-2 (2026) (a) The Department of Transportation may, in its discretion, furnish lighting for any alleyway, either improved or unimproved, public or private, that is connected to a public way, and is in general use by the City’s sanitation and other municipal vehicles and the public, when, in its judgment, the safety and convenience of the public so require. (b) Nothing in this section may be construed as committing the City to the policy of lighting private property; nor shall it be construed as investing the Department of Transportation with any authority to invade private rights. *History: Ord. 73-471* *History: Ord. 76-056* *History: Ord. 15-435* #### § 13-3 Shades on street lamps. Balt., Md., Code art. 26, § 13-3 (2026) (a) (1) The Department of Transportation shall issue on application, permits for the placing of shades over portions of street lamps when the lamps are situated so close to dwelling houses as, in the Department’s discretion, to be a special annoyance to the occupants of these houses. (2) No charge or fee shall be made for the issuing of such permits. (b) In no case shall it be lawful to place any shades on or about any street lamps in such a manner as to interfere with the full and proper lighting of the streets, alleys, lanes or sidewalks. (c) The placing of all shades over street lamps shall be done under the supervision and direction of the Department of Transportation. (d) All shades shall be removed on notice from the Department of Transportation whenever the Department finds them unnecessary or the public interest requires their removal. *History: Ord. 00-068* *History: Ord. 46-598* *History: Ord. 76-056* *History: Ord. 15-435* #### § 13-4 Interfering with lamps. Balt., Md., Code art. 26, § 13-4 (2026) (a) It shall not be lawful for any person or persons other than such persons as are legally authorized for that purpose: (1) to light or extinguish any of the public lamps of the City of Baltimore; (2) to turn the stopcock of any such public lamp or to do any other thing to increase or diminish the flow of gas or electricity therein; (3) to attach anything to any public lamp or lamp-post; (4) to interfere in any way with the lighting of the highways, streets, lanes, alleys, bridges, parks, or squares of the City of Baltimore; (5) to remove or in any way damage any public lamp or lamp-post in said City; or (6) to post or paste any notice or advertisement on any such lamp or lamp-post. (b) Any person violating the provisions of this section shall forfeit and pay the sum of $5 for each and every offense, and in addition shall pay the costs of all damage to said lamp or lamp-post, to be recovered as other penalties for violating City ordinances are recoverable. *History: Ord. 1877-006* *History: Ord. 1894-018* *History: Ord. 46-600* #### § 13-5 Police to report problems. Balt., Md., Code art. 26, § 13-5 (2026) The Police Department shall report to the Department of Transportation: (1) all failures to light the lamps at the proper time; and (2) all broken or damaged street lamps. *History: Res. 1887-008* *History: Ord. 1888-83* *History: Res. 1891-118* *History: Ord. 1896-032* *History: Ord. 46-601* *History: Ord. 76-056* *History: Ord. 15-435* ### Subtitle 14 – Bridges #### § 14-1 By whom work to be done. Balt., Md., Code art. 26, § 14-1 (2026) (a) All work of designing, constructing, reconstructing, altering, relocating, or repairing of bridges shall be done by the Department of Transportation. (b) All such work may be done either by contract or by forces employed directly by the City. *History: Ord. 1863-006* *History: Ord. 48-520* *History: Ord. 76-139* *History: Ord. 15-435* ### Subtitle 15 – Street Cuts #### Part 1 – Definitions; General Provisions ##### § 15-1 Definitions. Balt., Md., Code art. 26, § 15-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Department” means the Department of Transportation. (c) “Director” means the Director of Transportation or the Director’s designee. (d) “Excavation” means any work for or in connection with the installation, improvement, maintenance, or repair of any facilities that: (1) involves the displacement or removal of materials; and (2) is performed in or below the surface of a public way. (e) (1) “Facilities” means any equipment or other property that is located or proposed to be located in a public way. (2) “Facilities” includes access holes, cables, cabinets, ducts, conduits, converters, drains, handholds, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, valves, vaults, wires, or other appurtenances or property. (f) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person”also includes a governmental entity or an instrumentality or unit of a governmental entity. (g) “Public way” means the entire area within the boundary lines of any public street, alley, sidewalk, footway, or other right-of-way, whether acquired by purchase, grant, dedication, or otherwise. (h) “Street-cut permit” means any permit required by or issued under this subtitle. (i) “Utility” means any person that owns or operates facilities used to provide electrical, gas, steam, water, sewer, telecommunications, information, video, or other services to customers. *History: Ord. 06-245* *History: Ord. 15-435* *History: Ord. 22-125* ##### § 15-2 Scope of subtitle. Balt., Md., Code art. 26, § 15-2 (2026) (a) This subtitle applies to any excavation on or in a public way by or on behalf of any public or private utility or any other person. (b) (1) The requirements of this subtitle are in addition to any other law, rule, regulation, or standard applicable to excavations, construction, maintenance, repair, or other work in a public way. (2) Other applicable requirements include: (i) obtaining and complying with the terms of any required franchise, minor privilege permit, developer’s agreement, right of entry, or similar authority; and (ii) notifying the City’s One-Call System contractor for the marking of facilities, as required by the State Public Utility Companies Article, Title 12, Subtitle 1. (c) (1) The issuance of a street-cut permit does not give any person any property right in or to the use of a public way. (2) All permits issued and held under this subtitle are subject to the superior right of the City to control the use of public ways and to ensure the safe and orderly movement of traffic. *History: Ord. 06-245* ##### § 15-3 Balt., Md., Code art. 26, § 15-3 (2026) Reserved ##### § 15-4 Administration. Balt., Md., Code art. 26, § 15-4 (2026) The Department of Transportation is responsible for administering and enforcing this subtitle. *History: Ord. 06-245* *History: Ord. 15-435* ##### § 15-5 Rules and regulations. Balt., Md., Code art. 26, § 15-5 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department of Transportation shall adopt rules and regulations to carry out this subtitle. (b) These rules and regulations shall incorporate standards set by the Department to govern: (1) backfilling, repaving, and repair specifications; (2) traffic control; (3) work hours; (4) lighting, fencing, and covering of work areas; and (5) incidental related matters. (c) These rules and regulations may include procedures for the issuance, service, and enforcement of administrative orders to stop work being done in violation of this subtitle, a rule or regulation adopted under this subtitle, or a condition imposed on a permit issued under this subtitle. *History: Ord. 06-245* *History: Ord. 15-435* *History: Text Conformed 02/23/21* ##### §§ 15-6 to 15-10 Balt., Md., Code art. 26, § 15-6 to 15-10 (2026) Reserved #### Part 2 – Permit Requirements ##### § 15-11 In general. Balt., Md., Code art. 26, § 15-11 (2026) No person may excavate on or in a public way unless: (1) the person first obtains from the Department a street-cut permit for that excavation; or (2) the work is emergency excavation performed in accordance with § 15-13 {“Emergency excavation”} of this subtitle. *History: Ord. 06-245* ##### § 15-12 Street-cut permit. Balt., Md., Code art. 26, § 15-12 (2026) (a) Each application for a street-cut permit must be in the form and contain the information that the Director requires. (b) If an application is approved, the Director may: (1) impose conditions on the permit as necessary or appropriate to preserve and maintain the health, safety, welfare, and convenience of the public; and (2) issue the permit on receipt of: (i) the permit fees imposed under § 15-14 {“Fees”} of this subtitle; and (ii) the performance security required under § 15-31 {“Performance security”} of this subtitle. (c) (1) The Director may deny an application if the applicant: (i) within the preceding 2 years, has done excavation work without a street-cut permit or otherwise in violation of any applicable laws, rules, or regulations; (ii) has not satisfactorily completed all repairs required under a previously issued street-cut permit; or (iii) remains indebted to the City for: (A) expenses previously incurred under this subtitle by the City; or (B) fines previously imposed under this subtitle by the City. (2) If an application is denied, the Director must notify the applicant, by written, electronic, or facsimile communication, of: (i) the reasons for the denial; and (ii) how to obtain administrative review of the denial. (d) Each street-cut permit shall specify: (1) a start date on which work is first authorized to begin; and (2) an end date by which all work, inspections, and approvals must be completed. (e) Unless extended by the Department, a street-cut permit expires if the work to be done under the permit: (1) has not begun within 30 calendar days of the start date; (2) is not pursued diligently; or (3) is not completed by the end date. (f) A street-cut permit is not transferable. *History: Ord. 06-245* ##### § 15-13 Emergency excavation. Balt., Md., Code art. 26, § 15-13 (2026) (a) A person may conduct an emergency excavation without first obtaining a street-cut permit only if: (1) the excavation is needed, as a result of an unforeseen event, to prevent or abate a potential danger to life, health, or property; (2) before undertaking the excavation: (i) the person notifies the Director of the emergency; and (ii) the Director authorizes the person to proceed with the excavation; and (3) the person obtains a street-cut permit for the excavation: (i) within 18 hours after beginning the excavation; or (ii) if the Department’s offices are closed, on the next day that its offices are open. (b) Under no circumstances may an emergency excavation be closed before: (1) a street-cut permit is issued; and (2) the work is inspected and approved by the Department. *History: Ord. 06-245* ##### § 15-14 Fees. Balt., Md., Code art. 26, § 15-14 (2026) (a) Fees for street-cut permits shall be assessed in accordance with a fee schedule established by the Director, with the approval of the Board of Estimates. (b) The fee schedule may set differential rates based on: (1) size of excavation; (2) portion of public way affected; (3) extent of damage to the public way; (4) recency and nature of any previous repaving or repair; and (5) any other relevant factor. *History: Ord. 06-245* ##### §§ 15-15 to 15-20 Balt., Md., Code art. 26, § 15-15 to 15-20 (2026) Reserved #### Part 3 – Performance Schedules and Standards ##### § 15-21 Scope. Balt., Md., Code art. 26, § 15-21 (2026) The requirements of this Part 3 are in addition to any requirements or standards imposed by the Department in its rules and regulations or as a condition of a street-cut permit. *History: Ord. 06-245* ##### § 15-22 Display of permit. Balt., Md., Code art. 26, § 15-22 (2026) Any person doing excavation work must: (1) maintain the appropriate street-cut permit on site at all times; and (2) exhibit the permit when requested by the Department. *History: Ord. 06-245* ##### § 15-23 Work schedule. Balt., Md., Code art. 26, § 15-23 (2026) (a) No person may begin work under a street-cut permit until: (1) in the case of an emergency excavation performed in accordance with § 15-13 {“Emergency excavation”} of this subtitle, the person notifies the Department and obtains permission to begin work; and (2) in all other cases, the start date specified in the permit. (b) The permittee must diligently pursue the work until its completion. (c) All work to be done under a street-cut permit must be completed, inspected, and approved before the end date specified in the permit. *History: Ord. 06-245* ##### § 15-24 Securing public way. Balt., Md., Code art. 26, § 15-24 (2026) At the end of each workday, the permittee must secure the public way: (1) with temporary fill or paving; (2) by trench plating; or (3) by other protective measures approved by the Department. *History: Ord. 06-245* ##### § 15-25 Decorative or landscaped areas. Balt., Md., Code art. 26, § 15-25 (2026) (a) Before disturbing decorative surfaces, streetscapes, and landscaped areas, the applicant for a street-cut permit must provide proof that alternatives, such as rerouting, boring, jacking, or scooping, cannot be used. (b) Restoration of these areas must: (1) comply with all conditions and other requirements of the permit; (2) conform with all current rules, regulations, and standards; and (3) when completed, match preexisting conditions. *History: Ord. 06-245* ##### § 15-26 Locating or relocating poles. Balt., Md., Code art. 26, § 15-26 (2026) (a) Before erecting or relocating any pole, the applicant for a street-cut permit must agree, for itself and its successors in interest, to the conditions specified in this section. (b) The pole may be placed only in the position that the Director specifies. (c) (1) If, at any time, the Director orders the pole to be removed or relocated, the pole will be removed or relocated within 3 days of the order or, if longer, within the time specified in the order. (2) All costs of removing or relocating the pole, including the cost of all needed repairs to the public way, will be borne by the applicant or its successors in interest. *History: Ord. 06-245* ##### §§ 15-27 to 15-28 Balt., Md., Code art. 26, § 15-27 to 15-28 (2026) Reserved #### Part 4 – Warranty; Performance Security; Indemnification ##### § 15-29 Scope. Balt., Md., Code art. 26, § 15-29 (2026) This Part 4 does not apply to excavation work performed by a governmental entity. *History: Ord. 06-245* ##### § 15-30 Warranty; Correction of defects. Balt., Md., Code art. 26, § 15-30 (2026) (a) By accepting a street-cut permit, the permitee warrants all work done under the permit against all defects in workmanship and materials for a period of 1 year after the work has been completed, inspected, and approved. (b) On written notice from the Department of any defect in workmanship or materials during the warranty period, the permittee must make the necessary repairs within the period specified in the notice. (c) (1) If the permitte fails to correct the defects within the time specified in the notice, the City may make the repairs at the permittee’s expense. (2) The permittee: (i) is responsible for all expenses incurred by the City, including any related administrative expenses; and (ii) shall pay those expenses to the City within 30 days following notice of the amount owed. (d) Any repair during the warranty period automatically extends the warranty period to run for 1 additional year beyond the original warranty period. *History: Ord. 06-245* ##### § 15-31 Performance security. Balt., Md., Code art. 26, § 15-31 (2026) (a) In this section, “performance security” means any one or a combination of: (1) a performance bond; (2) an irrevocable letter of credit; or (3) a cash deposit. (b) No street-cut permit may be issued to any person unless that person submits performance security as required by this section. (c) (1) The performance security must be approved: (i) as to form and legal sufficiency by the City Solicitor; and (ii) as to amount by the Director. (2) The performance security must serve to save the City harmless from: (i) any cost, liability, expense, claim, or suit for damages in any manner arising out of or resulting from the work done under the permit; and (ii) any loss or cost by reason of the restoring or failure to restore the public way to required conditions and standards. (d) (1) The performance security may be made to cover all street-cut permits issued from time to time to any one person. (2) In that case, the Director may require from time to time that the amount of the security be increased to an amount sufficient in the Director’s judgment to protect the City, based on the volume of work undertaken by the person or the number of permits issued to the person. (e) The Department shall release the performance security, in whole or in part, after completion of the warranty period and the correction of any defects or violations identified during that period. *History: Ord. 06-245* ##### § 15-32 Indemnification. Balt., Md., Code art. 26, § 15-32 (2026) (a) By accepting a street-cut permit, the permittee agrees, for and on behalf of itself and, if different, the owner and operator of the facilities, and their respective successors and assigns, to indemnify, defend, protect, and hold harmless the City, its officers, agents, and employees, from and against all claims, actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, and attorneys’ fees allegedly arising directly or indirectly from any act, omission, or negligence of the permitee, owner, or operator, their subcontractors, or the officers, agents, or employees of any of them relating to the permit or the activities authorized by the permit. (b) Each permittee, owner, and operator has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within this indemnity obligation, even if the allegations are groundless, false, or fraudulent. (c) The City has a cause of action for indemnity against each permittee, owner, and operator for any costs the City may incur with respect to the permit, except for claims resulting directly from the negligence or willful misconduct of the City. (d) This indemnity obligation survives expiration of the permit and completion of the work authorized by it. *History: Ord. 06-245* ##### §§ 15-33 to 15-35 Balt., Md., Code art. 26, § 15-33 to 15-35 (2026) Reserved #### Part 5 – Administrative and Judicial Review ##### § 15-36 Administrative review. Balt., Md., Code art. 26, § 15-36 (2026) (a) (1) Any person aggrieved by a decision or action of the Department under this subtitle, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this subtitle, or otherwise, may appeal that decision or action to the Director. (2) The appeal must: (i) be in writing; (ii) be filed within 10 days of the decision or action in dispute; and (iii) clearly state the grounds on which the appeal is based. (b) (1) The Director shall adopt procedures for appeals and administrative hearings. (2) A copy of these procedures must be filed with the Department of Legislative Reference before they take effect. *History: Ord. 06-245* ##### § 15-37 Judicial review. Balt., Md., Code art. 26, § 15-37 (2026) A party aggrieved by a final decision of the Director under § 15-36 {“Administrative review”} of this subtitle may appeal that decision to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Civil Procedure. *History: Ord. 06-245* ##### §§ 15-38 to 15-40 Balt., Md., Code art. 26, § 15-38 to 15-40 (2026) Reserved #### Part 6 – Penalties ##### § 15-41 Civil fines. Balt., Md., Code art. 26, § 15-41 (2026) (a) The Director may impose civil fines for violations of: (1) this subtitle.; (2) a rule or regulation adopted under this subtitle; (3) a condition imposed on a permit issued under this subtitle; or (4) a stop-work order issued under this subtitle. (b) A schedule of fines, not to exceed $500 for any one offense, shall be established and may be amended from time to time by the Director with the approval of the Board of Estimates. *History: Ord. 06-245* ##### § 15-42 Criminal penalties. Balt., Md., Code art. 26, § 15-42 (2026) Any person who violates any provision of this subtitle, of a rule or regulation adopted under this subtitle, of a condition imposed on a permit issued under this subtitle, or of a stop-work order issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000, imprisonment for not more than 1 year, or both fine and imprisonment, for each offense. *History: Ord. 06-245* ##### § 15-43 Each day a separate offense. Balt., Md., Code art. 26, § 15-43 (2026) Each day that a violation continues is a separate offense. *History: Ord. 06-245* ### Subtitle 16 – Pavement Protection #### § 16-1 In general. Balt., Md., Code art. 26, § 16-1 (2026) (a) It shall be unlawful to cut, break, dig down, injure, or destroy any abutment, bank, mound, or other public work or structure erected, constructed, or maintained by or under the orders of the Director of Transportation. (b) This section shall not be construed to apply to any case covered by § 16-2 of this subtitle. (c) Every person violating the provisions of this section shall be subject to a penalty not exceeding $200 and, moreover, shall be liable to pay the expenses of repairing and restoring the work or structure. *History: Ord. 50-1394* *History: Ord. 13-237* *History: Ord. 76-139* *History: Ord. 15-435* #### § 16-2 Riding on closed streets. Balt., Md., Code art. 26, § 16-2 (2026) Any person or persons who rides or drives upon any new pavement or new repairs of streets constructed or being constructed by or under the State Roads Commission, the Director of Transportation, or any other official or body representing the City of Baltimore, or by any contractor employed by any such official or body, before the street is open for traffic, and any person or persons who removes any light or guards set up by or under the authority of the Commission, Department, other official or body, or contractor, for the purpose of closing a street or part of a street to traffic, is subject to a fine of not less than $5, nor more than $100, and is liable for the expense of repairing the injury done. *History: Ord. 13-237* *History: Ord. 76-139* *History: Ord. 15-435* #### § 16-3 Concrete; oil products; weight on asphalt. Balt., Md., Code art. 26, § 16-3 (2026) (a) It is unlawful for any person, firm, or corporation to mix mortar, cement, or concrete, or to cause mortar, cement, or concrete to be mixed, on any type of pavement on any street, lane, or alley in the City unless the pavement is protected by a tight platform or mixing box constructed to the satisfaction of the Director of Transportation and in accordance with the Baltimore City Building Code. (b) Nor shall it be lawful for any person, firm, or corporation to cause or permit gasoline, kerosene, fuel oil, naphtha, benzine, or any other oil or lubricating or illuminating fluid to fall, flow, or drip on any type of pavement on any street, lane, or alley in the City. (c) Nor shall it be lawful to place any stick, trestle, or other supporting device bearing any weight whatsoever, for any purpose, upon any sheet asphalt or other bituminous pavement on any street, lane, or alley in the City, unless the said stick, trestle, or other supporting device shall have a flat base resting upon the pavement of not less than 12 inches square. (d) Under a penalty not exceeding $25 for each violation of any provision of this section. *History: Ord. 1898-091* *History: Ord. 16-192* *History: Ord. 50-1287* *History: Ord. 76-139* *History: Ord. 15-435* *History: Ord. 17-068* #### § 16-4 Heavy equipment. Balt., Md., Code art. 26, § 16-4 (2026) (a) It is unlawful to move, under its own power or otherwise, over any of the public highways of Baltimore City, any traction engine, tractor, roller, shovel, or other heavy equipment or structure whose movement over the highway may, in the judgment of the Director of Transportation, injure the highway, or the surface, foundation, or other part thereof, including but not limited to bridges and utility structures in and along the highway, without a permit therefor from the Director of Transportation. (b) The Director of Transportation is authorized to issue this permit upon such reasonable terms and conditions, including an indemnity bond with corporate surety, as, in the Director’s judgment, the public interest or safety requires. (c) The provisions of this section shall not apply to the operation of railroads, street railways, or other carriers of passengers for hire. (d) Any person, firm, or corporation violating this section shall be subject to a penalty of not less than $25 nor more than $100 for each such offense; and, in addition thereto, shall be responsible for any and all injuries and damages caused by such movement, with or without permit. *History: Ord. 12-132* *History: Ord. 50-1270* *History: Ord. 76-139* *History: Ord. 15-435* #### § 16-5 Penalties for failure to repair. Balt., Md., Code art. 26, § 16-5 (2026) Any person or corporation: (1) upon whom the obligation may be imposed by any law or ordinance: (i) to keep in repair any part of any of the streets, lanes, or alleys within the City; or (ii) to replace and restore in proper order and condition the bed or surface of any street, lane, or alley, or any portion thereof which such person or corporation may, for any purpose, be licensed or permitted to dig up, displace, or remove; and (2) who refuses or neglects to make the repairs, replacement, or restoration within 3 days after having been notified in writing by the Director of Transportation to make the repairs, or to replace and restore in proper order and condition the bed or surface of the street, lane, or alley, shall forfeit and pay the sum of $20 for each and every case of such refusal or neglect, these fines to be collected as other fines and penalties for the violation of City ordinances are collected. *History: Ord. 1882-032* *History: Ord. 76-139* *History: Ord. 15-435* #### § 16-6 Work done by City. Balt., Md., Code art. 26, § 16-6 (2026) If any person or corporation whose duty it is to keep in repair any part of any of the streets, lanes, or alleys within the City or to replace and restore in proper order and condition the bed or surface of any street, lane, or alley that the person or corporation is licensed or permitted to dig up, displace, or remove neglects this duty after being notified in writing by the Director of Transportation, as provided in § 16-5, and if it appears to the Director that the condition of the street, lane, or alley is attended with possible danger to persons passing over or using it, the Director shall forthwith: (1) make repairs as necessary; (2) when completed, collect the cost of making the repairs from the person or corporation through whose default or neglect the repairs became necessary; and (3) for that purpose, the Director may, with the approval of the Mayor, cause suit to be instituted in the name of the Mayor and City Council of Baltimore against the person or corporation. *History: Ord. 1882-032* *History: Ord. 76-139* *History: Ord. 15-435* #### § 16-7 Street repairs on application. Balt., Md., Code art. 26, § 16-7 (2026) The Director of Transportation is authorized, upon the application of the owners of a majority of the front feet on any private street, lane, or alley: (1) to cause that street, lane, or alley to be thoroughly repaired and cleaned; and (2) to assess and collect from the owners of the property a tax sufficient to defray the expense of the work in the manner prescribed by law. *History: Ord. 1868-083* *History: Ord. 50-1399* *History: Ord. 76-139* *History: Ord. 15-435* ### Subtitle 17 – Drainage under Sidewalks #### § 17-1 Under-sidewalk construction required. Balt., Md., Code art. 26, § 17-1 (2026) All drainage of every character whatsoever within the City of Baltimore, be it from rain-spouts or from any other conceivable source, which naturally or artificially flows outward and across the line of the public sidewalks into the gutter-ways or other means of discharge, shall be conducted under instead of across the surface of said sidewalks. *History: Ord. 04-111* #### § 17-2 Same. Balt., Md., Code art. 26, § 17-2 (2026) The owner, owners, or occupiers of any building or other structure from which the drip or drainage as above described is carried, or is to be carried, across the line of the public sidewalks aforesaid, shall provide underground pipes or other agencies so as to conduct the same under the surface of the sidewalks, as required by § 17-1 of this article, the scheme of pipes or other agencies to be subject to the approval of the Director of Public Works. *History: Ord. 04-111* *History: Ord. 76-139* #### § 17-3 Approval required. Balt., Md., Code art. 26, § 17-3 (2026) No method of conducting drainage under the public sidewalks in accordance with the provisions of this subtitle, shall be deemed a sufficient compliance with the terms of this subtitle unless such method is approved and so certified by the Director of Public Works. *History: Ord. 04-111* *History: Ord. 76-139* #### § 17-4 Work by City. Balt., Md., Code art. 26, § 17-4 (2026) (a) In all cases where the owner, owners, or occupiers of buildings or other structures shall refuse or neglect to make provisions for the discharge of the drip or drainage in accordance with the intent and purpose of this subtitle, the Director of Public Works shall proceed to have the necessary means or appliances properly constructed, having first given at least 3 days’ notice to such owner, owners, or occupiers to comply with the provisions of this subtitle. (b) The cost of said means or appliance and of the laying and construction thereof shall in such case be charged to the owner, owners, or occupier of the building or other structure from which the drip or drainage is so conducted. (c) And the said owner, owners, or occupier shall thereupon become indebted to the Mayor and City Council of Baltimore for the full amount expended as aforesaid, and the claim shall become a lien on the entire lot and premises. (d) Should the indebtedness not be paid to the City within 1 year from incurring the expense, the same shall be placed in the hands of the City Solicitor for foreclosure and recovery of the money, including all costs and interest. *History: Ord. 04-111* *History: Ord. 76-139* #### § 17-5 Balt., Md., Code art. 26, § 17-5 (2026) Reserved #### § 17-6 Penalties. Balt., Md., Code art. 26, § 17-6 (2026) Any person or persons violating the provisions of this subtitle shall be subject to a penalty of not less than $50, nor more than $100, to be enforced and collected as other City fines and penalties are enforced and collected. *History: Ord. 04-111* ### Subtitle 18 – Grades, Grading, and Paving #### § 18-1 Fixing grade line - on application. Balt., Md., Code art. 26, § 18-1 (2026) (a) Upon application in writing to the Director of Transportation by the owner of any property binding upon any private or public street, lane, or alley, or part thereof, now or hereafter to be marked, located, widened, straightened, or laid out in the City of Baltimore, for the fixing and establishing, or changing, as the case may be, of the grade line or lines of that street, lane, or alley, or part thereof, the Director of Transportation shall, provided in his judgment the public interests require the grade line or lines to be fixed and established or changed, proceed to fix and establish, or change, as the case may be, the grade line or lines of the street, lane or alley, or part thereof. (b) The Director of Transportation shall fix and determine the cost of establishing or changing the grade line or lines, which cost shall be paid in advance to the Mayor and City Council of Baltimore by the person or persons applying for the establishment or change. *History: Ord. 1874-044* *History: Ord. 04-116* *History: Ord. 27-1139* *History: Ord. 48-507* *History: Ord. 76-139* *History: Ord. 15-435* #### § 18-2 Fixing grade line - Director’s initiative. Balt., Md., Code art. 26, § 18-2 (2026) (a) Whenever the Director of Transportation determines that the public interests require the fixing, establishing, or changing of the grade line or lines of any private or public street, lane, or alley, or part thereof, in the City of Baltimore, the Director shall proceed to fix and establish, or to change, as the case may be, the grade line or lines of all such streets, lanes, or alleys, or parts thereof. (b) The cost of so fixing and establishing or changing the grade line or lines shall be paid out of the appropriation allowed the Department of Transportation for the purpose. *History: Ord. 1888-058* *History: Ord. 1888-105* *History: Ord. 1889-033* *History: Ord. 04-116* *History: Ord. 27-1139* *History: Ord. 48-507* *History: Ord. 76-139* *History: Ord. 15-435* #### § 18-3 Fixing grade line - notice. Balt., Md., Code art. 26, § 18-3 (2026) Before fixing and establishing, or changing, as the case may be, the grade line or lines of any private or public street, lane, or alley, or part thereof, in the City of Baltimore, the Director of Transportation shall give 5 days’ notice, in 2 daily papers published in the City of Baltimore, that the Director will be available, at the time and on the day named in the notice, for the purpose of hearing and considering protests and to explain matters in connection with the fixing and establishing or changing of the grade line or lines of the street, lane, or alley, or part thereof, under consideration. *History: Ord. 04-116* *History: Ord. 26-604* *History: Ord. 27-1139* *History: Ord. 48-507* *History: Ord. 76-139* *History: Ord. 15-435* #### § 18-4 Fixing grade line - grade profiles. Balt., Md., Code art. 26, § 18-4 (2026) The Director of Transportation shall prepare grade profiles, which shall be kept in the Department of Transportation as a permanent record of the grade lines fixed, established, or changed, as the case may be, in accordance with this subtitle. *History: Ord. 04-116* *History: Ord. 27-1139* *History: Ord. 48-507* *History: Ord. 76-139* *History: Ord. 15-435* #### § 18-5 Balt., Md., Code art. 26, § 18-5 (2026) Reserved #### § 18-6 Cobblestones prohibited. Balt., Md., Code art. 26, § 18-6 (2026) From and after February 24, 1899, no contracts shall be made by the City for paving or repaving any street, avenue, lane, or alley within the limits of said City with what is known as a cobblestone pavement, nor shall any such pavement be permitted to be laid on any street, avenue, lane, or alley within the said City by any individual or corporation. *History: Ord. 1899-165* #### § 18-7 How work done. Balt., Md., Code art. 26, § 18-7 (2026) In all paving, repaving, grading, or repairing of streets, avenues, lanes, or alleys, including footways, where the work is done by the City, the work shall be done by contract or by labor employed by the City and paid by the City, as in the judgment of the Director of Transportation may be best for the interest of the City, in each instance. *History: Ord. 1899-165* *History: Ord. 48-478* *History: Ord. 76-139* *History: Ord. 15-435* #### § 18-8 Macadamizing permitted. Balt., Md., Code art. 26, § 18-8 (2026) Nothing contained in this Code is intended to prevent macadamizing of streets, avenues, lanes or alleys in the City of Baltimore when and where macadamizing is deemed necessary or desirable by the Director of Transportation. *History: Ord. 1899-165* *History: Ord. 48-478* *History: Ord. 76-139* *History: Ord. 15-435* #### § 18-9 Paving without curbs permitted. Balt., Md., Code art. 26, § 18-9 (2026) Any streets, lanes, or alleys in the City to be paved or repaved may be paved or repaved without curbs, provided the Director of Transportation considers it advisable to do so. *History: Ord. 1874-044* *History: Ord. 48-478* *History: Ord. 76-139* *History: Ord. 15-435* #### § 18-10 Center gutters. Balt., Md., Code art. 26, § 18-10 (2026) In paving or repaving streets, lanes, or alleys not over 25 feet in width, the Director of Transportation may, in his discretion, put the gutter in the center of the street, lane, or alley. *History: Ord. 1874-044* *History: Ord. 48-478* *History: Ord. 76-139* *History: Ord. 15-435* #### § 18-11 “Bike-safe” grates required. Balt., Md., Code art. 26, § 18-11 (2026) (a) For purposes of this section “bike-safe grate” means a drainage grate that: (1) has bars running perpendicular to the flow of traffic; (2) consists of a grating composed of intersecting bars; or (3) uses another design that both the City and the State Departments of Transportation have approved as meeting bicycle safety design criteria as well as engineering and structural design demands. (b) No contracts may be made by the City that include paving or repaving any street, avenue, lane, or alley within the City limits unless the contract requires that all drainage grates in the affected area that are not bike-safe grates be replaced with bike-safe grates. (c) No permit may be issued by the Department of Transportation for a paving or repaving project on any street, avenue, lane, or alley within the City, and no paving or repaving project may be undertaken by the City, unless the project plan requires that all drainage grates in the affected area that are not bike-safe grates are replaced with bike-safe grates. (d) This section does not apply to emergency resurfacing work that is: (1) required due to a utility failure; and (2) done in accordance with State law. *History: Ord. 10-367* *History: Ord. 15-435* ### Subtitle 19 – Grading and Paving Permits #### § 19-1 Requirements for grading or paving. Balt., Md., Code art. 26, § 19-1 (2026) (a) It is unlawful for any person, firm, or corporation to do any grading, paving, or repaving of any public street, lane, or alley, or of any private street, lane, or alley used or intended to be used by the public: (1) without first obtaining from the Director of Transportation a permit for that work; (2) without conforming to the construction requirements of the Director of Transportation for these streets, lanes, and alleys; or (3) without conforming to the true lines and established grades of such streets, lanes, and alleys. (b) Noncompliance with any 1 of the 3 requirements described in subsection (a) of this section constitutes a violation of this section. *History: Ord. 49-580* *History: Ord. 76-139* *History: Ord. 15-435* #### § 19-2 Director’s powers. Balt., Md., Code art. 26, § 19-2 (2026) The Director of Transportation is authorized and empowered: (1) to refuse to issue a permit for any grading, paving. or repaving that, if done or constructed as proposed, would menace the public safety, security, or health; (2) to require that all grading, paving, and repaving work conform to the true lines and established grades of the streets, lanes, and alleys; and (3) to require that all grading, paving, and repaving work shall be done under the Director’s supervision and in accordance with plans and specifications approved by the Director. *History: Ord. 49-580* *History: Ord. 76-139* *History: Ord. 15-435* #### § 19-3 Considerations. Balt., Md., Code art. 26, § 19-3 (2026) In determining whether any proposed grading, paving, or repaving would menace the public safety, security, or health and in approving or disapproving plans and specifications, the Director of Transportation shall consider the following: (1) the plans and specifications for the proposed work; (2) the traffic of all kinds that may be reasonably expected on the streets, lanes, and alleys; (3) current practice in such grading, paving, and repaving work; (4) experience with grading, paving, and repaving theretofore done and installed; (5) the probable life of the proposed paving or repaving; (6) the estimated cost of the grading, paving or repaving; (7) the cost of maintenance of any such paving or repaving; (8) whether proper and adequate drainage is existing or will be provided; (9) what utilities are to be installed before any paving or repaving is to be done; (10) whether the proposed grading, paving, or repaving conforms to the true lines and established grades of the streets, lanes, or alleys involved; (11) any risks, hazards, and dangers to the traveling public which may be involved in the proposed grading, paving, or repaving, or any failure or inadequacy thereof; and (12) the probability of any of the private streets, lanes, and alleys becoming public highways in the future by operation of law or otherwise. *History: Ord. 49-580* *History: Ord. 76-139* *History: Ord. 15-435* #### § 19-4 Paving procedures. Balt., Md., Code art. 26, § 19-4 (2026) (a) All grading, paving, and repaving work shall be done in accordance with the requirements of the Director of Transportation as to construction, line, and grade. (b) The Director of Transportation is further authorized and empowered: (1) to stop, at any time or times, any grading, paving, or repaving work that: (i) is being done without a permit from the Director; or (ii) is not being done in accordance with the Director’s requirements as to construction, line, or grade; and (2) to continue the work stoppage until the nonconformities are corrected by and at the cost and expense of the person, firm, or corporation for whom the work is being done or constructed. (c) If the nonconformities are not corrected within a reasonable time or, in the judgment of the Director of Transportation, the work actually done has created conditions that menace the public safety, security, or health in the use of the streets, lanes, or alleys as thoroughfares, then the Director of Transportation is authorized and empowered to do any and all work, acts, and things that, in the Director’s judgment, are necessary to eliminate the menace to the public safety, security, or health at the cost and expense of the person, firm, or corporation creating the conditions, which cost and expense shall be a lien on the abutting property of that person, firm, or corporation, until paid. *History: Ord. 49-580* *History: Ord. 76-139* *History: Ord. 15-435* #### § 19-5 Public Works sole authority. Balt., Md., Code art. 26, § 19-5 (2026) No approval of any application nor the issuance of any permit by any municipal officer, department, bureau, or agency other than the Director of Transportation may be construed to authorize the doing of any of the grading, paving, or repaving work described in this subtitle or to relieve any person, firm, or corporation from compliance with the provisions of this subtitle. *History: Ord. 49-580* *History: Ord. 76-139* *History: Ord. 15-435* #### § 19-6 Balt., Md., Code art. 26, § 19-6 (2026) Reserved #### § 19-7 Penalties. Balt., Md., Code art. 26, § 19-7 (2026) Any person, firm, or corporation violating any of the provisions of this subtitle or any order or requirement of the Director of Transportation under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $50 for each offense and a like sum of $50 for each and every day the violation continues. *History: Ord. 49-580* *History: Ord. 76-139* *History: Ord. 15-435* ### Subtitle 20 – Permit for Builders’ Use of Streets #### § 20-1 Permit required. Balt., Md., Code art. 26, § 20-1 (2026) Any builder that wants to use a part of the street or sidewalk in front of its property, in accordance with the City Building Code, must obtain a permit from the Director of Transportation. *History: Ord. 12-192* *History: Ord. 50-1288* *History: Ord. 76-139* *History: Ord. 02-475* *History: Ord. 15-435* #### § 20-2 Bond. Balt., Md., Code art. 26, § 20-2 (2026) The Director of Transportation is authorized, as a condition of issuing the permit, to require from the builder a bond with sufficient corporate surety: (1) conditioned to protect fully the Mayor and City Council of Baltimore against any liabilities, claims, suits, costs, expenses, damages, injuries, and/or losses arising from or in connection therewith, including but not limited to the expense of repairing any damage which may be done to the paving and curbing of the street and sidewalk by his use of same for his materials; and (2) upon condition that the Director of Transportation may restore the pavement, curbing, and sidewalk to as good condition as they were in at the time of applying for the permit and charge the expense of restoration against the bond and builder. *History: Ord. 12-192* *History: Ord. 50-1288* *History: Ord. 76-139* *History: Ord. 15-435* #### § 20-3 Fees. Balt., Md., Code art. 26, § 20-3 (2026) The Director of Transportation is also authorized to include in the permit a provision that the applicant shall pay reasonable charges for use of the street or sidewalk, as fixed from time to time by the Board of Estimates. *History: Ord. 50-1288* *History: Ord. 76-139* *History: Ord. 15-435* #### § 20-4 Rules, regulations, terms, conditions. Balt., Md., Code art. 26, § 20-4 (2026) (a) The Director of Transportation is also authorized to include any other regulations, terms and conditions that the Director considers necessary for the protection of the public interest. (b) These regulations may include procedures for the issuance, service, and enforcement of administrative orders to stop work being done in violation of this subtitle or of a regulation, term, or condition, adopted under this subtitle. *History: Ord. 50-1288* *History: Ord. 76-139* *History: Ord. 06-245* *History: Ord. 15-435* #### § 20-5 Permit revocation. Balt., Md., Code art. 26, § 20-5 (2026) Nothing in this subtitle may be construed to abridge the right of the Director of Transportation to revoke any permit at any time when the public interests may require it. *History: Ord. 12-192* *History: Ord. 50-1288* *History: Ord. 76-139* *History: Ord. 15-435* #### § 20-6 Balt., Md., Code art. 26, § 20-6 (2026) Reserved #### § 20-7 Fines and penalties. Balt., Md., Code art. 26, § 20-7 (2026) (a) (1) The Director may impose civil fines for violations of: (i) this subtitle; (ii) a regulation, term, or condition imposed under this subtitle; or (iii) a stop-work order issued under this subtitle. (2) A schedule of fines, not to exceed $500 for any one offense, shall be established and may be amended from time to time by the Director with the approval of the Board of Estimates. (b) Any person who violates any provision of this subtitle, of a regulation, term, or condition imposed under this subtitle, or of a stop-work order issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000, imprisonment for not more than 1 year, or both fine and imprisonment, for each offense. (c) Each day that a violation continues is a separate offense. *History: Ord. 12-192* *History: Ord. 50-1288* *History: Ord. 76-139* *History: Ord. 06-245* ### Subtitles 21 and 22 ### Subtitle 23 – Underground Conduit System for Cables, Wires, and Similar Facilities #### Part 1 – Definitions; General Provisions ##### § 23-1 Definitions. Balt., Md., Code art. 26, § 23-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Department” means the City Department of Transportation. (c) “Director” means the Director of the Department of Transportation or the Director’s designee. (d) (1) “Facility” means any type of electrical, communication, or service cable, wire, or similar facility that may be strung over or buried directly under a street, alley, or other right-of-way. (2) “Facility” does not include any catenary cable used to power a street railway. (e) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person”also includes, except as used for the imposition of a civil or criminal penalty, a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 19-263* *History: Ord. 22-125* ##### § 23-2 Balt., Md., Code art. 26, § 23-2 (2026) Reserved ##### § 23-3 Administration. Balt., Md., Code art. 26, § 23-3 (2026) The Department of Transportation is responsible for administering and enforcing this subtitle. *History: Ord. 19-263* ##### § 23-4 Rules and regulations. Balt., Md., Code art. 26, § 23-4 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation shall adopt rules and regulations to carry out this subtitle. (b) These rules and regulations may include procedures for the issuance, service, and enforcement of administrative orders to stop work being done in violation of this subtitle, a rule or regulation adopted under this subtitle, or a condition imposed on a permit issued under this subtitle. *History: Ord. 19-263* *History: Text Conformed 02/23/21* ##### § 23-5 Fees for conduit use. Balt., Md., Code art. 26, § 23-5 (2026) (a) The Board of Estimates may set and, from time to time, modify the annual charges imposed for the use of the conduit system. (b) These charges shall be billed and paid as the Board of Estimates directs. *History: Ord. 19-263* ##### §§ 23-6 to 23-10 Balt., Md., Code art. 26, § 23-6 to 23-10 (2026) Reserved #### Part 2 – Location and Maintenance of Conduit System ##### § 23-11 Location of system. Balt., Md., Code art. 26, § 23-11 (2026) A system of conduits for the reception of electrical, communication, and service cables, wires, or similar facilities shall be constructed within the territory or districts determined by the Director pursuant to Chapter 200, Laws of Maryland 1892. *History: Ord. 19-263* ##### § 23-12 DoT to maintain system. Balt., Md., Code art. 26, § 23-12 (2026) The Director is responsible for maintaining this conduit system. *History: Ord. 19-263* ##### § 23-13 Plans and specifications; Work superintendence. Balt., Md., Code art. 26, § 23-13 (2026) The Director shall: (1) cause to be prepared the plans and specifications for the work required to construct, maintain, and repair the conduit system; and (2) superintend that work. *History: Ord. 19-263* ##### § 23-14 Labor and materials. Balt., Md., Code art. 26, § 23-14 (2026) The Director may employ the labor and purchase the materials necessary to enable the Department to perform the work, or so much of the work that it considers to be in the best interest of the City for the Department to perform. *History: Ord. 19-263* ##### § 23-15 Balt., Md., Code art. 26, § 23-15 (2026) Reserved #### Part 3 – Use of Conduit System ##### § 23-16 Required permit and authorizations. Balt., Md., Code art. 26, § 23-16 (2026) (a) Use of the conduit system for facility installations is available only to persons to whom the Department has issued one or more permits that expressly authorize those facility installations. (b) In addition to permits, the Department may require the person responsible for the installation to obtain other authorizations, including lease agreements, prior to any installation. (c) No person may install facilities in the conduit system without the permit and other authorizations required under this section. (d) (1) The procedures in paragraph (2) of this subsection for the removal of an unauthorized installation are in addition to any other civil or criminal enforcement action or penalty authorized by Part 4 {“Civil and Criminal Penalties”} of this subtitle or otherwise authorized by law. (2) If an installation is determined to have been installed without the required permit or other authorizations: (i) the Department shall notify the person responsible for the installation and order its removal; (ii) the person responsible for the installation shall remove the installation within 30 days of the notice; and (iii) if the installation is not removed within the required period: (i) the Department may remove the installation; and (ii) the person responsible for the installation is liable to the Department for all expenses of the removal and of any consequent repairs needed to be made to the conduit. *History: Ord. 19-263* ##### § 23-17 Voluntary relocation of facilities. Balt., Md., Code art. 26, § 23-17 (2026) (a) When the conduit system or any of its parts have been completed and made ready for occupancy and the rates of rental have been set pursuant to this subtitle, the Director shall lease space in the conduit system to any person that complies with the conditions prescribed by this subtitle and with any further conditions that the Director specifies. (b) A person authorized to install facilities under this subtitle must install the facilities within 6 months from the date the installation is authorized. *History: Ord. 19-263* ##### § 23-18 Mandatory relocation of facilities. Balt., Md., Code art. 26, § 23-18 (2026) (a) The Director may: (1) order facilities to be removed from above the streets and placed underground in the conduit system in accordance with Chapter 200, Laws of Maryland 1892; (2) order facilities to be moved from one underground conduit location to another; and (3) use methods that, in the judgment of the Director, are necessary to protect and promote the health, safety, and general welfare of the City. (b) The person responsible for the facilities shall comply with a relocation order issued under this section within 150 days of the order. (c) If the facilities are not relocated within 6 months of the order: (1) the Department may relocate the facilities and remove any poles remaining above the streets; and (2) the person responsible for the facilities is liable to the Department for all expenses of the relocation and of the removal of poles remaining above the streets. *History: Ord. 19-263* ##### § 23-19 Tampering with conduit. Balt., Md., Code art. 26, § 23-19 (2026) No person may tamper with, open, or in any way interfere with any of the manholes or facilities in the conduit system without first having obtained: (1) a permit from the Department; and (2) all other authorizations required by the Department. *History: Ord. 19-263* ##### § 23-20 Balt., Md., Code art. 26, § 23-20 (2026) Reserved ##### § 23-21 Survey of and reports by conduit users. Balt., Md., Code art. 26, § 23-21 (2026) (a) The Department shall survey or otherwise identify and retain records of: (1) each person whose facilities have been installed in the conduit system; (2) the nature of the facilities installed by that person; and (3) the total linear footage of conduit occupied by those facilities. (b) (1) No later than June 30 of each year, each person whose facilities have been installed in the conduit system shall report annually to the Department, in the format that the Department requires. (2) The report required by this subsection shall consist of: (i) one or more maps showing the location of all facilities installed in the conduit system by or on behalf of the person; (ii) the total linear footage of conduit occupied by those facilities; and (iii) any other information that the Department deems necessary to include in the report. (c) No person that files a report under this section may intentionally misrepresent: (1) the nature or location of the person’s facilities that have been installed in the conduit system; (2) the total linear feet of conduit occupied by those facilities; or (3) any other information provided in the report. *History: Ord. 19-263* ##### §§ 23-22 to 23-25 Balt., Md., Code art. 26, § 23-22 to 23-25 (2026) Reserved #### Part 4 – Civil and Criminal Penalties ##### § 23-26 Enforcement by citation. Balt., Md., Code art. 26, § 23-26 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day that a violation continues is a separate offense. *History: Ord. 19-263* ##### § 23-27 Criminal penalties. Balt., Md., Code art. 26, § 23-27 (2026) (a) Any person who violates a provision of this subtitle, a rule or regulation adopted under this subtitle, a condition imposed on a permit issued under this subtitle, or a stop-work order issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more that $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 19-263* ### Subtitle 24 – Telephone Wires #### § 24-1 Authority to lay wires. Balt., Md., Code art. 26, § 24-1 (2026) The Chesapeake and Potomac Telephone Company, of Baltimore City, and the Chesapeake and Potomac Telephone Company acting separately, or in conjunction, are respectively authorized to lay their or their respective telephone wires intended to be used in connection with the Telephone Exchange to be established in the building belonging to The Chesapeake and Potomac Telephone Company, at the corner of St. Paul Street and Bank Lane, in the City of Baltimore, in cables, laid in suitable conduits under the surface of the streets, alleys, or highways in said City, now traversed, or to be so traversed by their said respective wires, with the necessary manholes for affording access to said cables. *History: Ord. 1889-041* #### § 24-2 Conditions and limitations. Balt., Md., Code art. 26, § 24-2 (2026) (a) Such conduits and manholes shall be constructed by either or both of said companies as parts of one system, at their, or their respective cost and expense. (b) (1) Before constructing any portion of the conduit or conduits, the companies shall file with the Director of Transportation a plan showing the location and character of the portion or portions of the conduit or conduits next proposed to be constructed. (2) Every conduit or part thereof shall be constructed under the supervision of the Director of Transportation. (c) (1) Such conduits and manholes shall be constructed in such manner as not to injure any vault, sewer, water pipe, or gas pipe. (2) All paving that is temporarily removed by the the companies in the course of constructing any conduit or conduits authorized by § 24-1 of this subtitle, shall be restored or replaced, under the direction and superintendence of the Director of Transportation, by the companies or company constructing the conduit or conduits, at their or its expense, in a manner satisfactory to the Director. (d) Provided, however, that the said two companies, if acting together, shall have and possess the powers and privileges only which might have been exercised by one of said companies if acting alone under this subtitle. (e) And said companies so acting separately or jointly in constructing said system of underground wires shall have power to make the necessary house-connections in localities where the same may be required, in such manner as may be best adapted to the location by means of any wire or wires from such cable or cables. *History: Ord. 1889-041* *History: Ord. 76-056* *History: Ord. 15-435* #### § 24-3 Agreement; annual fee. Balt., Md., Code art. 26, § 24-3 (2026) (a) Said companies shall, in consideration of the rights and privileges granted to them by this subtitle, before constructing any portion of the conduit or conduits hereinbefore authorized, enter into an agreement in a form to be approved by the Mayor of the City of Baltimore, and with sufficient security, certified by the Comptroller and approved by the Mayor, to pay annually to the Mayor and City Council of Baltimore: (1) 30¢ for each lineal yard of the 1st 4 miles in aggregate lineal length of conduit or conduits, constructed under the provisions of this subtitle; and (2) 20¢ per lineal yard for each succeeding mile or fraction of a mile of the aggregate lineal length of such conduit or conduits exceeding such aggregate lineal length of 4 miles. (b) Provided, however, that the annual payment so to be made in any year accounting from May 9, 1889, shall not be less than the sum of $3,000. *History: Ord. 1889-041* *History: Ord. 76-056* #### § 24-4 Bond. Balt., Md., Code art. 26, § 24-4 (2026) The said companies shall, before exercising any privileges under this subtitle, enter into a bond in the sum of $10,000, with good and sufficient securities to be approved by the Mayor and Comptroller, conditioned that the company or companies exercising the privileges granted by this subtitle will faithfully perform the obligations imposed upon it or them, respectively, thereby. *History: Ord. 1889-041* #### § 24-5 Space for police and fire needs. Balt., Md., Code art. 26, § 24-5 (2026) (a) In every underground conduit constructed under the provisions of this subtitle, space shall be provided, if required, free of cost or rent for the laying therein by the Fire Department of Baltimore City of a cable for the exclusive and official use only of the police and the Fire Communications Division and police and patrol wires. (b) In every underground conduit heretofore or hereafter constructed by the Chesapeake and Potomac Telephone Company of Baltimore City, or the Chesapeake and Potomac Telephone Company, or both, by virtue of this subtitle, space shall be provided free of cost or rent, if required by the Fire Department, for the laying therein by the said Fire Department of a cable, or cables or wires for the exclusive and official use only of the Police and Fire Communications Division and police and patrol wires and such wire or wires as may be necessary for supplying current to electric lights upon or over the fire alarm boxes under the jurisdiction of the said Fire Department. *History: Ord. 1889-041, Ord. 13-177* *History: Ord. 76-056* #### § 24-6 Grant of authority not exclusive. Balt., Md., Code art. 26, § 24-6 (2026) Nothing contained in this subtitle may be construed as granting these telephone companies any exclusive right to lay underground wire cables within the limits of the City of Baltimore. *History: Ord. 1889-041* *History: Ord. 99-526* ### Subtitle 25 – Inspection Costs #### § 25-1 Scope of subtitle. Balt., Md., Code art. 26, § 25-1 (2026) The provisions of this subtitle shall not apply to contractors doing City work by contract. *History: Ord. 50-1280* #### § 25-2 Assessment of costs. Balt., Md., Code art. 26, § 25-2 (2026) In all work to be done under the supervision of the Director of Public Works, Director of Transportation, or Director of General Services that, in the judgment of the Director having jurisdiction, requires the services of an inspector, the party or parties doing the work: (1) shall pay the City the reasonable costs of the inspection; and (2) shall make a deposit of money to cover the cost of the inspection if the Director considers a deposit necessary for the protection of the City’s interests. *History: Ord 1899-172* *History: Ord 50-1280* *History: Ord. 15-435* ### Subtitle 26 – Street Lines and Grades Required for Construction #### § 26-1 True lines required before construction. Balt., Md., Code art. 26, § 26-1 (2026) It shall be unlawful for any person, firm, or corporation to dig or lay the foundation of any building or to construct or reconstruct any building or any premises binding or abutting on any existing or proposed public or private street, lane, or alley, or to construct any wall or fence binding or abutting on any such street, lane, or alley before the true lines of all such streets, lanes, and alleys have been duly ascertained, fixed, and marked on the ground, either by the Department of Public Works as authorized in § 1-6 or § 1-7 of this article or by a duly licensed private land surveyor, unless the Director of Public Works certifies that in his opinion the true lines of all such streets, lanes, and alleys are already sufficiently marked on the ground by the existing physical improvements or landmarks. *History: Ord. 49-504* *History: Ord. 76-139* #### § 26-2 Grades required before construction. Balt., Md., Code art. 26, § 26-2 (2026) (a) It shall be unlawful for any person, firm, or corporation to dig or lay the foundation of any building or to construct or reconstruct any building on any premises binding or abutting on any existing or proposed public or private street, lane, or alley or to construct any wall or fence binding or abutting on any such street, lane, or alley before the grades of all such streets, lanes, and alleys have been duly established, as provided for in §§ 18-1 through 18-4 of this article and before the said established grades have been duly marked on the ground by or with the approval of the Department of Public Works, unless the Director of Public Works certifies that in his opinion the said duly established grade lines or lines are already sufficiently marked on the ground by the existing physical improvements or landmarks. (b) The Commissioner of Housing and Community Development shall not issue any permit to dig or lay the foundation of any building or to construct or reconstruct any building on any premises binding or abutting on any existing or proposed public or private street, lane, or alley or to construct any wall or fence binding or abutting on any such street, lane, or alley before the grades of all such streets, lanes, and alleys have been duly established as provided for in §§ 18-1 through 18-4 of this article. *History: Ord. 48-504* *History: Ord. 76-139* #### § 26-3 Conformance required when building. Balt., Md., Code art. 26, § 26-3 (2026) It shall be unlawful for any person, firm, or corporation to do or perform any of the foundation, construction, or reconstruction work mentioned in §§ 26-1 and 26-2 of this article unless the said work shall be in conformity with the lines and grades ascertained, fixed, marked, and established as provided in said §§ 26-1 and 26-2. *History: Ord. 48-504* #### § 26-4 Housing Commissioner to enforce. Balt., Md., Code art. 26, § 26-4 (2026) (a) It shall be the duty of the Commissioner of Housing and Community Development to see that any such foundation, construction, or reconstruction work mentioned in §§ 26-1 and 26-2 of this article shall be dug, laid, constructed, or reconstructed in conformity with the lines and grades ascertained, fixed, marked, and established as provided in said §§ 26-1 and 26-2. (b) The Commissioner of Housing and Community Development is hereby authorized and empowered to stop, at any time or times, any such foundation, construction, or reconstruction work mentioned in §§ 26-1 and 26-2 of this article which the Department of Public Works certifies is not in conformity with the lines and grades ascertained, fixed, marked, and established as provided in said §§ 26-1 and 26-2, and to keep said work stopped until such nonconformities are corrected by and at the cost and expense of the person, firm, or corporation for whom said work is being done or constructed. *History: Ord. 00-083* *History: Ord. 48-504* *History: Ord. 76-139* #### § 26-5 Balt., Md., Code art. 26, § 26-5 (2026) Reserved #### § 26-6 Penalties. Balt., Md., Code art. 26, § 26-6 (2026) Any person, firm, or corporation violating any of the provisions of this subtitle, or violating the provisions of any order of the Commissioner of Housing and Community Development stopping nonconforming work as provided for in § 26-4 of this article, shall, upon conviction thereof, be subject to a fine of $50 for each such offense, and a like sum of $50 for each and every day such violation shall continue. *History: Ord. 48-504* *History: Ord. 76-139* ### Subtitles 27 to 30 ### Subtitle 31 – Dedicated Streets, etc. #### § 31-1 Declaration as public highways. Balt., Md., Code art. 26, § 31-1 (2026) (a) All streets, avenues, lanes, and alleys, situated within the corporate limits of the City of Baltimore, which said streets, avenues, lanes, and alleys have been heretofore unconditionally dedicated as highways by deed or plat, or in any other manner by which a street, avenue, lane, or alley may be dedicated as a highway, are hereby declared to be public highways of the City of Baltimore. (b) (1) Saving and excepting that this section shall not be construed to apply to any street, avenue, lane, or alley less than 10 feet in width. (2) And provided that this section shall not apply to any street, avenue, lane, or alley heretofore dedicated, unless the same is directly connected with some street, avenue, lane, or alley already a public highway, or which, under the terms of this section, shall become a public highway. (3) And provided further that this section shall not apply to any streets, avenues, lanes, or alleys within the territory annexed to the City of Baltimore by the Chapter 98, Laws of Maryland 1888, unless the same have been so dedicated that the lines thereof conform to the general plan of streets for said territory under § 32-1 of this article, or any lawful amendment or amendments thereof. *History: Ord. 05-002* *History: Ord. 22-753* ### Subtitle 32 – Street Plan for 1888 Annexation #### § 32-1 1898 Plan. Balt., Md., Code art. 26, § 32-1 (2026) (a) The plan or scheme of streets, avenues, lanes, etc., in the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which plan or scheme has just been completed by the Topographical Survey of the City of Baltimore, is hereby adopted. (b) The Topographical Survey is hereby directed to proceed with the preparation of a map (based on said plan or scheme) of said proposed streets, lanes, avenues, alleys, etc., showing the length and width of blocks, as well as the widths of all streets, avenues, alleys, lanes, etc., as well as a general system of grades. (c) In adopting such plan and map, it is expressly understood that the Mayor and City Council in no way assumes any ownership over or recognizes as public any street, avenue, alley, lane, etc., in said territory, except such streets as have been made public by due course of law. *History: Ord. 1898-129* #### § 32-2 1907 change in Harford Road section. Balt., Md., Code art. 26, § 32-2 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory included between the Baltimore and Harford Turnpike Road, Erdman Avenue, the Belair Road, the eastern City limits, and the Herring Run, is hereby altered and amended by substituting for the above mentioned portion of the aforesaid plan the plan indicated on the plat which is attached to this ordinance as a part thereof, and from and after July 5, 1907, the said amendment shall have the same validity and effect as though it had been a part of the above mentioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 07-010* #### § 32-3 1908 change in Clifton Avenue section. Balt., Md., Code art. 26, § 32-3 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory included between Clifton Avenue, North Avenue, Twelfth Street, and Fifteenth Street, is hereby altered and amended by substituting for the above mentioned portion of the aforesaid plan the plan indicated on the plat which is attached to this ordinance as a part thereof, and from and after April 14, 1908, the said amendment shall have the same validity and effect as though it had been a part of the above general plan of streets at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 08-094* #### § 32-4 1908 change in 32nd Street section. Balt., Md., Code art. 26, § 32-4 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory bounded on the north by Thirty-Second Street and Lake Montebello property, on the east and south by the Harford Turnpike Road, and on the south and west by the Alameda, is hereby altered and amended by substituting for the above mentioned portion of the aforesaid plan indicated on the plat which is attached to this ordinance; the said amendment shall have the validity and effect as though it had been a part of the above mentioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 08-116* #### § 32-5 1908 change in North Avenue section. Balt., Md., Code art. 26, § 32-5 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory bounded on the north by Clifton Avenue, on the east by Warwick Avenue, on the south by North Avenue, and on the west by Dukeland Street, is hereby altered and amended by substituting for the above mentioned portion of the aforesaid general plan of streets, the plan indicated on the plat which is attached to this ordinance, as a part thereof; and from and after November 16, 1908, the said amendment shall have the same validity and effect as though it had been a part of the above mentioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 08-216* #### § 32-6 1909 change in 39th Street section. Balt., Md., Code art. 26, § 32-6 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to Thirty-Ninth Street between the west side of Charles Street and the east side of Melrose Avenue, formerly called Ash Avenue, is hereby altered and amended by substituting for the above mentioned portion of the aforesaid general plan of streets, the plan indicated on the plat which is attached to this ordinance as a part thereof; and from and after March 10, 1909, the said amendment shall have the same validity and effect as though it had been a part of the above mentioned general plan of streets, at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 09-268* #### § 32-7 1909 change in Greenmount Avenue section. Balt., Md., Code art. 26, § 32-7 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory bounded on the east by Greenmount Avenue (formerly York Road), on the south by Thirty-Fifth Street, on the west by Charles Street, and on the north by the Northern City Boundary is hereby altered and amended by substituting for the above mentioned portion of the aforesaid general plan of streets, the plan indicated on the plat which is attached to this ordinance, as a part thereof; and from and after March 10, 1909, the said amendment shall have the same validity and effect as though it had been a part of the above mentioned general plan of streets, at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 09-269* #### § 32-8 1909 change in Reisterstown Road section. Balt., Md., Code art. 26, § 32-8 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory bounded by the western boundary of Baltimore City, the northern boundary of Baltimore City, the Reisterstown Turnpike Road, and Liberty Heights Avenue, is hereby altered and amended by substituting for the above-mentioned portion of the aforesaid general plan of streets, the plan indicated on the plat which is attached to this ordinance as a part thereof; and from and after July 10, 1909, the said amendment shall have the same validity and effect as though it had been a part of the above-mentioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 09-356* #### § 32-9 1910 change in eastern boundary section. Balt., Md., Code art. 26, § 32-9 (2026) (a) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to the location and width of Harford Road, from North Avenue to the eastern boundary of Baltimore City, is hereby altered and amended by substituting for the above-mentioned portion of the aforesaid general plan of streets, the location and width of Harford Road indicated on the plat which is attached to this ordinance as a part thereof, and from and after April 25,1910, the said amendment shall have the same validity and effect as though it had been a part of the abovementioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned. (b) (1) Provided, however, that the United Railways and Electric Company of Baltimore shall be allowed to maintain any structures or buildings it may now own or lease upon the bed of the Harford Road as intended to be opened and widened as indicated on the plat, which is made part of this ordinance, between the north side of the lane leading to Holy Cross Cemetery and a point 223 feet, more or less, northwardly therefrom, and also the conduits in the bed of said Harford Road, between the north side of North Avenue and said point 223 feet, more or less, northwardly from the aforesaid lane ... until such time as said structures, buildings or conduits, or any of them, shall be voluntarily razed, torn down, destroyed or removed by the owner or owners thereof, after which time, however, any new building or buildings on said property shall conform to the building line as shown on said plat. (2) The privilege hereby reserved to the United Railways and Electric Company not to continue, however, as to the frame car house of said company within the limits abovementioned longer than 1 year after said Harford Road shall have been graded, curbed, and macadamized, after which time the part of said building last mentioned which encroaches upon the said limits shall be removed promptly upon notice from the Mayor of Baltimore City. (c) Whenever the property embraced within the lines of said Harford Road, as indicated on the plat attached to this ordinance, shall have been acquired by the Mayor and City Council of Baltimore for the purpose of opening and widening said road, then all property owned by the Mayor and City Council of Baltimore within said lines, shall thereafter be taken to constitute said highway. *History: Ord. 10-480* #### § 32-10 1910 change in Gwynn’s Falls Park section. Balt., Md., Code art. 26, § 32-10 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory bounded by Clifton Avenue, Gwynn’s Falls Park, and the eastern and western outlines of the property known as Fairmont, shown on the plat which is attached to this ordinance as a part thereof, is hereby altered and amended by substituting for the above-mentioned portion of the aforesaid general plan of streets, the plan indicated on the aforesaid plat, and from and after May 2, 1910, the said amendment shall have the same validity and effect as though it had been a part of the above-mentioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 10-490* #### § 32-11 1910 change in 37th Street section. Balt., Md., Code art. 26, § 32-11 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, and subsequently amended, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to Thirty-Seventh Street, between the east side of Charles Street and the northwest side of St. Paul Street, is hereby altered and amended by substituting for the above-mentioned portion of the aforesaid general plan of streets the plan indicated on the plat which is attached to this ordinance as a part thereof; and from and after June 3, 1910, the said amendment shall have the same validity and effect as though it had been a part of the abovementioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 10-523* #### § 32-12 1913 change in 25th Street section. Balt., Md., Code art. 26, § 32-12 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory bounded on the northeast by Twenty-Fifth Street, on the southeast by Harford Road and Aisquith Street, on the southwest by Curtain Avenue and on the northwest by Taylor Street, is hereby altered and amended by substituting for the above-mentioned portion of the aforesaid plan the plan indicated on the plat which is attached to this ordinance; the said amendment shall have the validity and effect as though it had been a part of the above-mentioned general plan of streets, at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 13-363* #### § 32-13 1915 change in Patterson Avenue section. Balt., Md., Code art. 26, § 32-13 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory bounded by Patterson Avenue, Poplar Grove (formerly Seventh) Street, Riggs Avenue, and Rosedale (formerly Ninth) Street, is hereby altered and amended by substituting for the above-mentioned portion of the aforesaid general plan of streets, the plan indicated on the plat which is attached to this ordinance as a part thereof, and from after March 5, 1915, the said amendment shall have the same validity and effect as though it had been a part of the above mentioned general plan of streets, at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 15-582* #### § 32-14 1915 change in Montpelier Street section. Balt., Md., Code art. 26, § 32-14 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, which relates to that section of the aforesaid territory bounded on the northeast by Montpelier Street, on the southwest by Twenty-Fifth Street, on the northwest by Montebello Avenue, and on the southeast by Harford Road, is hereby altered and amended by substituting for the above-mentioned portion of the aforesaid plan the plan indicated on the plat which is attached to this ordinance; the said amendment shall have the validity and effect as though it had been a part of the abovementioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 15-614* #### § 32-15 1916 change in Belmont Avenue section. Balt., Md., Code art. 26, § 32-15 (2026) With the approval of the Topographical Survey Commission, that part of the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, and subsequently amended by Ordinance 13-363, which relate to Belmont Avenue between the northwest side of Harford Road and the southeast side of Taylor Street, are hereby altered and amended by substituting for the above mentioned parts of the aforesaid plan the plan indicated on the plat which is attached to this ordinance; the said amendment shall have the validity and effect as if it had been a part of the above mentioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned. *History: Ord. 16-141* #### § 32-16 1920 addition of Charlotte Avenue. Balt., Md., Code art. 26, § 32-16 (2026) With the approval of the Topographical Survey Commission, the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, is hereby altered and amended so as to show {on?} the aforesaid plan a street known as Charlotte Avenue. The said amendment to have the same validity and effect as though it had been a part of the afore-mentioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned, the said street being located and described as follows: Beginning for the same on the southwest side of Park Heights Avenue, as now laid out seventy-four feet wide, at the distance of three hundred and fifty-one and thirty-two one-hundreds (351.32) feet southeasterly from the southeast side of Gordon Lane, the co-ordinates of said point of beginning, based upon the system used by the City of Baltimore Topographical Survey Commission, being west thirteen thousand five hundred and ninety-five and fifty-four one-hundredths (13595.54) feet and north thirteen thousand nine hundred and fifty-eight and nine one-hundredths (13958.09) feet and running thence, binding on the southwest side of Park Heights Avenue, south, twenty-nine degrees, forty-two minutes and forty-five seconds east, forty and one one-hundredth (40.01) feet to a point eighty feet northwesterly from the southernmost boundary line of the property belonging to Stephen P. Harwood; thence parallel with said southernmost boundary line, south, fifty-eight degrees, forty-seven minutes and thirty seconds west, four hundred and one and one one-hundredth (401.01) feet to the northeast side of the Reisterstown Road, as now laid out eighty feet wide; thence binding on the northeast side of the Reisterstown Road, north thirty-one degrees, one minute and forty seconds west, forty feet; thence parallel with the second line in this description mentioned, north fifty-eight degrees, forty-seven minutes and thirty seconds east, four hundred and two and fifteen one-hundredths (402.15) feet to the place of beginning. *History: Ord. 20-361* #### § 32-17 1920 deletion of part of East Wabash Avenue. Balt., Md., Code art. 26, § 32-17 (2026) With the approval of the Topographical Survey Commission, the general plan of streets, adopted by § 32-1 of this article, for the territory annexed to the City of Baltimore by the Act of 1888, Chapter 98, as said plan has been amended from time to time, is hereby altered and amended so as to eliminate from the aforesaid plan a portion of the street known as East Wabash Avenue, said portion of said street lying between Grantly Avenue and Umatilla Avenue, the said amendment to have the same validity and effect as though it had been a part of the aforementioned general plan of streets at the time of its adoption by the sections hereinbefore mentioned, the said portion of said street being located and described as follows: Beginning for the same at a point formed by the intersection of the northeast side of East Wabash Avenue and the southeast side of Grantly Avenue, the co-ordinates of said point of beginning based upon the system used by the City of Baltimore Topographical Survey Commission, being West 15327.111 feet and North 14096.472 feet, and running thence binding on the northeast side of said East Wabash Avenue South 65 degrees forty minutes East 419.42 feet to the southwest side of Umatilla Avenue, thence binding on the southwest side of said Umatilla Avenue South twenty-six degrees twenty-seven minutes and thirty-three seconds East one hundred and six feet, more or less, to the southeast side of said East Wabash Avenue, thence binding on the southeast side of said East Wabash Avenue North sixty-five degrees, forty minutes west five hundred and forty-eight feet, more or less, to the southeast side of said Grantly Avenue, thence northeasterly binding on the southeast side of said Grantly Avenue eighty feet, more or less to the place of beginning. The courses of the above description are all referred to the true meridian of the City of Baltimore Topographical Survey Commission. *History: Ord. 20-481* ### Subtitles 33 to 39 ### Subtitle 40 – Complete Streets #### Part I – Definitions; Applicability ##### § 40-1 Definitions. Balt., Md., Code art. 26, § 40-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Complete Streets” means a transportation philosophy that calls for streets to be constructed and operated in a way that considers the needs of all users and enables equitable and safe access. (c) “Advisory Committee” means the Complete Streets Advisory Committee established by this subtitle. (d) “Public transit vehicle” means any vehicle that: (1) is of a type used primarily for the transportation of the general public; and (2) has a seating capacity of 10 or more passengers. (e) “Street” means any street, boulevard, road, highway, alley, lane, sidewalk, footway, mall, esplanade, or other way or place that is owned by the City or habitually used by the public. (f) “Transportation Department” or “Department” means the Baltimore City Department of Transportation. (g) “Transportation Director” or “Director” means the Director of the Baltimore City Department of Transportation or the Director’s designee. *History: Ord. 18-197* *History: Ord. 22-125* ##### § 40-2 Applicability of subtitle. Balt., Md., Code art. 26, § 40-2 (2026) (a) Except as otherwise provided in this subtitle, this subtitle applies to all project phases undertaken by or, under the authority of the Transportation Department for the improvement of any street and public right of way, including planning, programming, design, acquisition of land, construction, construction engineering, reconstruction, rehabilitation, resurfacing, retrofit, and operation. (b) This subtitle does not apply to ordinary maintenance, such as mowing, cleaning, sweeping, pothole filling, concrete joint repair, and other regular or seasonal maintenance. Ordinary maintenance includes local road resurfacing on roadway segments, exclusive of intersections, that experience traffic volumes of fewer than 6,000 vehicles per day, based on the latest available or estimated traffic data. (c) This subtitle does not apply to a project at or above 30% design or under construction as of January 3, 2020. (d) This subtitle does not apply to a street where use by both pedestrians and bicyclists is prohibited by law. *History: Ord. 18-197* ##### §§ 40-3 to 40-5 Balt., Md., Code art. 26, § 40-3 to 40-5 (2026) Reserved #### Part II – Complete Streets Transportation System ##### § 40-6 Department to construct and operate system. Balt., Md., Code art. 26, § 40-6 (2026) The Department must construct and operate a comprehensive Complete Streets Transportation System that enables access, mobility, economic development, attractive public spaces, health, and well-being for all people. *History: Ord. 18-197* *History: Ord. 19-332* ##### § 40-7 System to ensure safety, etc., and convenience of all users. Balt., Md., Code art. 26, § 40-7 (2026) This Transportation System must be designed and operated in ways that ensure the safety, security, comfort, access, and convenience of all users of the streets, including pedestrians, bicyclists, public transit users, emergency responders, transporters of commercial goods, motor vehicles, and freight providers. *History: Ord. 18-197* ##### § 40-8 System to include connected facilities accommodating all travel modes. Balt., Md., Code art. 26, § 40-8 (2026) This Transportation System must include integrated networks of connected facilities accommodating all modes of travel. *History: Ord. 18-197* ##### § 40-9 System to promote walking, biking, and public transit. Balt., Md., Code art. 26, § 40-9 (2026) This Transportation System must, to the greatest extent possible, promote walking, biking, and public transit. *History: Ord. 18-197* ##### § 40-10 System to promote economic development. Balt., Md., Code art. 26, § 40-10 (2026) This Transportation System must, to the greatest extent possible, promote economic development. *History: Ord. 18-197* ##### § 40-11 System to ensure equity. Balt., Md., Code art. 26, § 40-11 (2026) This Transportation System must, to the greatest extent possible, ensure equity by actively pursuing the elimination of health, economic, and access disparities. *History: Ord. 18-197* ##### § 40-12 System may be constructed incrementally. Balt., Md., Code art. 26, § 40-12 (2026) This Transportation System may be achieved through projects that fully implement complete streets or projects that incrementally implement complete streets through a series of smaller improvements over time. *History: Ord. 18-197* ##### §§ 40-13 to 40-15 Balt., Md., Code art. 26, § 40-13 to 40-15 (2026) Reserved #### Part III – Complete Streets Advisory Committee ##### § 40-16 Committee established. Balt., Md., Code art. 26, § 40-16 (2026) There is a Complete Streets Advisory Committee. *History: Ord. 18-197* ##### § 40-17 Composition. Balt., Md., Code art. 26, § 40-17 (2026) (a) The Advisory Committee comprises the following officials (or their respective designees): (1) the Transportation Director; (2) the Director of the City Department of Planning; (3) the Director of City Department of Public Works; (4) The Commissioner of the Department of Housing and Community Development; and (5) The Chief of the Baltimore City Fire Department. (b) (1) The Chair of the Committee must include and extend to the Maryland Transit Administration (MTA) all invitations and opportunities for participation with the Advisory Committee as would be extended to any statutory member, exactly as if MTA were a member of the Committee. (2) Further, the Chair must, to the greatest extent possible, foster the strongest possible collaboration with MTA to pursue the goals of this subtitle. (c) The Transportation Director is the Chair of the Advisory Committee. (d) Subcommittees may be established. *History: Ord. 18-197* *History: Ord. 19-332* ##### § 40-18 Meetings; Quorum; Voting. Balt., Md., Code art. 26, § 40-18 (2026) (a) The Advisory Committee meets on the call of the Chair as frequently as required to perform its duties and at least once per quarter. (b) A majority of the members constitutes a quorum for the transaction of business. (c) An affirmative vote of at least a majority of a quorum is needed for any official action. *History: Ord. 18-197* ##### § 40-19 Minutes. Balt., Md., Code art. 26, § 40-19 (2026) (a) Minutes must be taken of all meetings of the Advisory Committee. (b) The minutes of every meeting must be made publically available by posting on the Transportation Department’s website within 7 days of the meeting. *History: Ord. 18-197* ##### § 40-20 Staff. Balt., Md., Code art. 26, § 40-20 (2026) The Transportation Department must provide staff for the Advisory Committee. *History: Ord. 18-197* ##### § 40-21 Duties. Balt., Md., Code art. 26, § 40-21 (2026) In addition to the other duties specified elsewhere in this subtitle, the Advisory Committee is responsible for: (1) promoting interagency cooperation in project identification, funding, and planning; (2) reviewing proposals for projects brought to the Committee by any of its members; (3) reviewing the status of projects to which this subtitle is applicable; (4) making recommendations to the Director about prioritization of projects; (5) reviewing reports on complete streets implementation, compliance, and performance; and (6) coordinating interagency cooperation in community engagement. *History: Ord. 18-197* ##### §§ 40-22 to 40-25 Balt., Md., Code art. 26, § 40-22 to 40-25 (2026) Reserved #### Part IV – Design Standards ##### § 40-26 Definitions. Balt., Md., Code art. 26, § 40-26 (2026) (a) In this Part IV, the following terms have the meanings indicated. (b) “Transit street” means any street on which a public transit vehicle provides fixed-route service. (c) “Truck route” means any street so designated on the Transportation Department’s map of “Official Truck Routes”. *History: Ord. 18-197* ##### § 40-27 Design vehicles. Balt., Md., Code art. 26, § 40-27 (2026) (a) In this section, “design vehicle” means a selected vehicle, with specific weight, dimensions, and operating characteristics, used to establish street design controls. (b) The design vehicle used by the Transportation Department for all streets, except for transit streets and truck routes, must be the design vehicle recommended for neighborhood streets by the most recent edition of the National Association of City Transportation Officials, “Urban Street Design Guide”. (c) The design vehicle used by the Transportation Department for transit streets must be the design vehicle recommended for designated transit streets by the most recent edition of the National Association of City Transportation Officials, “Transit Street Design Guide”. (d) The design vehicle used by the Transportation Department for truck routes must be the design vehicle recommended for designated truck routes by the most recent edition of the National Association of City Transportation Officials, “Urban Street Design Guide”. *History: Ord. 18-197* ##### § 40-28 Design speed. Balt., Md., Code art. 26, § 40-28 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Design speed” means the speed used to determine geometric features of a street during the design phase. (3) “Target speed” means the desired driver speed recommended by street typology. (b) The design speed must be equal to the target speed and posted speed limit on any local, collector, and non-interstate arterial. *History: Ord. 18-197* *History: Ord. 19-332* ##### § 40-29 Lane widths. Balt., Md., Code art. 26, § 40-29 (2026) (a) In this section, “shared street” means a street developed for mixed use by low volumes of slow-moving vehicular traffic mixed with high levels of walking. (b) Except as provided in this section or otherwise required by law, the lanes of any street may not be more than 10 feet wide, but 9 feet is the preferred width. (c) (1) On a street designated on the Baltimore City Roadway Functional Classification Map as “local”, lanes may not be more than 9 feet wide. (2) On a transit street or truck route, 1 lane in each direction may be up to 11 feet wide. (3) On a street designated as a “shared street”, lane width restrictions do not apply. *History: Ord. 18-197 Ord. 19-332* ##### § 40-30 DoT to use latest and best standards. Balt., Md., Code art. 26, § 40-30 (2026) In constructing and operating its Complete Streets Transportation System, the Transportation Department must use the latest and best standards, including: (1) National Association of City Transportation Officials: (i) “Global Street Design Guide”. (ii) “Urban Street Design Guide”. (iii) “Transit Street Design Guide”. (iv) “Urban Bikeway Design Guide”. (v) “Urban Street Stormwater Guide”. (2) American Association of State Highway and Transportation Officials: (i) “Guide for Planning Design and Operation of Pedestrian Facilities”. (ii) “Guide for the Development of Bicycle Facilities”. (3) Federal Highway Administration: (i) “Separated Bike Lane Planning and Design Guide”. (ii) “Report on Incorporating On-Road Bicycle Networks into Resurfacing Projects”. (4) Institute of Transportation Engineers, “Manual for Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities”. (5) National Cooperative Highway Research Program, Report 616, “Multi-Modal Level of Service Analysis for Urban Streets”. *History: Ord. 18-197* ##### § 40-31 Compliance with State and Federal funding requirements. Balt., Md., Code art. 26, § 40-31 (2026) The technical design standards required for state or federally funded projects will supersede local requirements in this subtitle and the Complete Streets Manual if there is an actual conflict between the local and state or federal standards and if funding will be impacted by adherence to the local standard. *History: Ord. 18-197* *History: Ord. 19-332* ##### §§ 40-32 to 40-35 Balt., Md., Code art. 26, § 40-32 to 40-35 (2026) Reserved #### Part V – Complete Streets Manual ##### § 40-36 Director to adopt Complete Streets Manual. Balt., Md., Code art. 26, § 40-36 (2026) The Transportation Director, in consultation with the Complete Streets Advisory Committee, must adopt and may amend from time to time a Complete Streets Manual to carry out this subtitle. *History: Ord. 18-197* *History: Ord. 19-332* ##### § 40-37 Modal hierarchy. Balt., Md., Code art. 26, § 40-37 (2026) The Complete Streets Manual must include a hierarchy of the various modes of travel, indicating the priority to be given to each mode. *History: Ord. 18-197* ##### § 40-38 Street typologies. Balt., Md., Code art. 26, § 40-38 (2026) (a) The Complete Streets Manual must include Complete Streets street typologies for classifying City streets. (b) In creating street typologies, the Transportation Director, in consultation with the Advisory Committee, must consider: (1) roadway form and function, including traffic volume, speed, and functional classification; (2) intersections and crossings; (3) bridges and overpasses; (4) loading zones; (5) overlays, including for transit streets, truck routes, and fire and emergency routes; (6) existing land use; (7) zoning designations; (8) public space guidelines; (9) stormwater management; (10) green infrastructure; (11) “Main Streets”, as part of the Baltimore Main Streets program; (12) public art; (13) arts districts; (14) historic preservation; (15) plans formally adopted by the Planning Commission; and (16) any other necessary considerations. *History: Ord. 18-197* ##### § 40-39 Project prioritization process. Balt., Md., Code art. 26, § 40-39 (2026) (a) The Complete Streets Manual must include a process for identifying, screening, and prioritizing projects seeking funding through federal or state grants, the City Capital Improvement Program, or other means. (b) This project prioritization process must include an equity assessment. The equity assessment must consider transportation disparity trends based on race, gender, sexual orientation, age, disability, ethnicity, national origin, or income and recommend ways to reverse these trends. It must assess and recommend ways to eliminate structural and institutional discrimination in transportation based on immutable characteristics. *History: Ord. 18-197* *History: Ord. 19-332* ##### § 40-40 Project delivery process. Balt., Md., Code art. 26, § 40-40 (2026) (a) The Complete Streets Manual must include a project delivery process. (b) This project delivery process must include: (1) project phases from identification through construction through operation; (2) a chart listing the types of projects undertaken by, under the authority of, or under the supervision of the Department, and showing project phases for each type, and steps to complete each project phase, and whether, for each project type, a given step is required, optional, or inapplicable; (3) a decision tree showing how street typology, existing and planned land use, modal hierarchy, and any additional factors determine street design, and whether various elements are required, recommended, optional, or not required; and (4) a project management checklist. *History: Ord. 18-197* ##### § 40-41 Equity in community engagement. Balt., Md., Code art. 26, § 40-41 (2026) The Complete Streets Manual must include community engagement policies that overcome barriers to engagement associated with race, income, age, disability, English language proficiency, and vehicle access of populations affected by a project, including a means of measuring success in overcoming these barriers. *History: Ord. 18-197* ##### § 40-42 Public comment period. Balt., Md., Code art. 26, § 40-42 (2026) (a) The Transportation Director must publish the proposed Complete Streets Manual or proposed amendment to the Manual by posting a copy of the proposal to the Department’s website at least 45 days before its adoption. (b) (1) A notice of the proposed Manual or proposed amendment to the Manual must also be posted to the Transportation Department’s website, social media, and other channels of distribution available to the Department. (2) This notice must include: (i) a summary of the proposed Manual or proposed amendment; and (ii) information on how a person can: (A) obtain a copy of the proposal; (B) obtain a schedule of public hearing(s) to be held on the proposal; and (C) submit comments before the proposal is finalized and adopted. (c) (1) During the 45-day public comment period, the Director must also advertise and hold 1 or more public hearings on the proposed Manual or proposed amendment. (2) At least 1 hearing must be held in whole or in part between 6 pm and 8 pm. *History: Ord. 18-197* ##### § 40-43 Final adoption. Balt., Md., Code art. 26, § 40-43 (2026) (a) After the 45-day public comment and hearing period, the Director may modify and adopt the Complete Streets Manual. (b) A copy of the Complete Streets Manual and, from time to time, any amendment to the Manual must be filed with the Department of Legislative Reference before it becomes effective. (c) DOT guidelines, policies, and procedures must be updated for compliance with the Complete Streets Manual. *History: Ord. 18-197* *History: Ord. 19-332* ##### §§ 40-44 to 40-45 Balt., Md., Code art. 26, § 40-44 to 40-45 (2026) Reserved #### Part VI – Annual Report and Public Accountability ##### § 40-46 Annual report required. Balt., Md., Code art. 26, § 40-46 (2026) On or before August 31 of each year, the Director, in consultation with the Advisory Committee, must: (1) prepare a report assessing the status of the Complete Streets Transportation System; and (2) submit that report to: (i) the Mayor; (ii) the City Council; and (iii) the Advisory Committee. ##### § 40-47 Performance measures. Balt., Md., Code art. 26, § 40-47 (2026) (a) Performance measures will be established using available data. (b) (1) The annual report must measure year-over-year changes in crash data for all modes of travel as measured by: (i) the “Maryland Statewide Vehicle Crashes Data” collected by the Maryland State Police; (ii) the “Fatality Analysis Reporting System” data collected by the National Highway Traffic Safety Administration; or (iii) other similar data. (2) Crash data for all modes of travel must be separately reported by the following categories: (i) all crashes; (ii) injury crashes; and (iii) fatal crashes. (c) The annual report must measure year-over-year change in transit on-time performance, as measured by: (1) the performance data collected by the Maryland Transit Administration and published in the Maryland Department of Transportation’s Annual Attainment Report; or (2) other similar data collected by the Maryland Transit Administration or the Transportation Department. (d) The annual report must measure commute times for all modes of travel, as measured by the travel-time-to-work data reported in the American Communities Survey’s “Commuting (Journey to Work)”. (e) The annual report must measure modal share, as measured by the means-of-transportation data reported in the American Communities Survey’s “Commuting (Journey to Work)”. (f) (1) The annual report must measure: (i) the amount of transportation infrastructure built, upgraded, replaced, or rehabilitated in the previous 1-year period; and (ii) the total amount of infrastructure in the City’s overall transportation system. (2) The measurements required by paragraph (1) of this subsection must be separately reported by type, including: (i) infrastructure for walking, biking, and public transit; (ii) public space infrastructure; and (iii) green infrastructure. (g) The annual report must measure year-over-year changes in certain economic development data points and conditions: (1) in each of the City’s “Main Streets”, as part of the Baltimore Main Streets program; and (2) in any other geographical area otherwise designated by the Advisory Committee. (h) The annual report must include an inventory of all ongoing projects in any phase and the projected cost of those projects. (i) The annual report must include a list of all instances in which the local standards set forth in this subtitle or in the Complete Streets Manual were or are planned to be superseded by state or federal standards, pursuant to § 40-31 of this subtitle, as well as citations and causes for the local standard being superseded. *History: Ord. 18-197* ##### § 40-48 Equity lens. Balt., Md., Code art. 26, § 40-48 (2026) (a) In preparing the annual report, the Department must separately report data by geographic subunit (e.g., census tract, traffic analysis zone, or the like). (b) The annual report must separately report data into the following categories: (1) populations that are above and below the median number of persons of color for Baltimore City. (2) populations above and below 50% no vehicle access. (3) populations with a median income above and below the median household income for Baltimore City. *History: Ord. 18-197* ##### § 40-49 Report and data to be publically available. Balt., Md., Code art. 26, § 40-49 (2026) (a) The annual report must be made available to the public by posting it on the Transportation Department’s website. (b) To the greatest extent possible, all underlying data used in preparing the annual report must be made available to the public. *History: Ord. 18-197* ##### § 40-50 Accountability to communities. Balt., Md., Code art. 26, § 40-50 (2026) The Transportation Department, in consultation with the Complete Streets Advisory Committee, must conduct public meetings and other community engagement and outreach activities to present the Complete Streets annual report to the public and solicit public input. *History: Ord. 18-197* *History: Ord. 19-332* ## Article 27 – Stormwater Remediation Fees ### Subtitle 1 – Definitions; General Provisions #### § 1-1 Definitions. Balt., Md., Code art. 27, § 1-1 (2026) (a) In this article, the following terms have the meanings indicated. (b) “City stormwater management system” includes: (1) the City’s conveyance or system of conveyances designed or used to collect or convey stormwater through infrastructure, such as gutters, swales, inlets, pipes, manholes, pumping stations, culverts and other man-made channels, and outfalls; (2) City practices that retain, filter, or infiltrate stormwater for the purpose of reducing pollutant loadings; and (3) the City’s system of receiving waters, such as streams, wetlands, rivers, and harbors. (c) “Director of Public Works” or “Director” means the Director of Public Works or the Director’s designee. (d) “Enabling Law” means State Environment Article § 4-202.1 {“Watershed protection and restoration programs”}, which mandates that the City adopt and impose a stormwater management fee. (e) (1) “Impervious surface” means any surface that does not allow stormwater to infiltrate into the ground. (2) “Impervious surface” includes rooftops, driveways, sidewalks, or pavement. (3) “Impervious surface” does not include ballasted railroad tracks. (f) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this article “person”also includes, except as otherwise provided in this article or by other applicable law, a governmental entity or an instrumentality or unit of a governmental entity. (h) “Professional engineer” means a person licensed to practice engineering under State Code Business Occupations and Professions Article, Title 14 {“Professional Engineers”}. (i) “Professional land surveyor” means a person licensed to practice land surveying under State Code Business Occupations and Professions Article, Title 15 {“Professional Land Surveyors”}. (j) (1) “Single-family property” means a developed lot that contains but 1 dwelling unit and is used exclusively as a single-family dwelling. (2) In this subsection, “dwelling”, “dwelling unit”, “lot”, and “single-family dwelling” have the meanings stated in the Baltimore City Zoning Code. (k) “Stormwater remediation fee” or “fee” means the stormwater remediation fee imposed under this article. (l) “Watershed Protection and Restoration Fund” or “Fund” means the stormwater enterprise fund established under City Charter Article VI, § 18 {“Water, sanitary wastewater, and stormwater utilities”}. *History: Ord. 13-143* *History: Ord. 16-581* *History: Ord. 22-125* #### § 1-2 Rules and regulations. Balt., Md., Code art. 27, § 1-2 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Public Works shall adopt rules and regulations to carry out this article. (b) A copy of all rules and regulations adopted by the Director of Public Works under this subtitle must be filed with the Department of Legislative Reference at least 30 days before they take effect. *History: Ord. 13-143* #### § 1-3 Balt., Md., Code art. 27, § 1-3 (2026) Reserved ### Subtitle 2 – Watershed Protection and Restoration Fund #### § 2-1 Purpose of fund. Balt., Md., Code art. 27, § 2-1 (2026) The Watershed Protection and Restoration Fund is established pursuant to the Enabling Law for the purpose of financing the costs of improving the City stormwater management system, including its watershed protection and restoration program. *History: Ord. 13-143* *History: Ord. 13-175* #### § 2-2 Required deposits into Fund. Balt., Md., Code art. 27, § 2-2 (2026) The City shall deposit in the Watershed Protection and Restoration Fund the following receipts: (1) all proceeds received from stormwater remediation fees; (2) all interest or other income earned on the investment of money in the Fund; and (3) any additional money made available from other sources for the purposes for which the Fund has been established. *History: Ord. 13-143* #### § 2-3 Permitted uses of Fund. Balt., Md., Code art. 27, § 2-3 (2026) Money in the Watershed Protection and Restoration Fund may be used for the following purposes only: (1) capital improvements for stormwater management, including stream and wetland restoration projects; (2) operation and maintenance of the City stormwater management system and facilities; (3) public education and outreach relating to stormwater management or stream and wetland restoration; (4) stormwater management planning, including: (i) mapping and assessment of impervious surfaces; and (ii) monitoring, inspection, and enforcement activities to carry out the purposes of the Fund; (5) to the extent that fees imposed under the authority of State Environment Article § 4-204 are deposited into the Fund, review of stormwater management plans and permit applications for future development; (6) grants to nonprofit organizations for up to 100% of a project’s costs for watershed restoration and rehabilitation projects relating to: (i) planning, design, and construction of stormwater management practices; (ii) stream and wetland restoration; and (iii) public education and outreach related to stormwater management or stream and wetland restoration; (7) reasonable costs necessary to administer the Fund; and (8) any other use authorized by the Enabling Law. *History: Ord. 13-143* ### Subtitle 3 – Fee Imposition and Collection #### § 3-1 Fee imposed. Balt., Md., Code art. 27, § 3-1 (2026) (a) A stormwater remediation fee is imposed on all properties located in Baltimore City and the owners of those properties. (b) This subtitle does not apply to any property that is expressly exempted by the Enabling Law. (c) The stormwater remediation fee is in addition to any other fee or charge that the City has the right to charge under any other law, rule, or regulation. *History: Ord. 13-143* #### § 3-2 Assessment of base fee – Single-family properties. Balt., Md., Code art. 27, § 3-2 (2026) (a) The fee for a single-family property is the flat rate determined by: (1) the applicable tier category within which the property falls, as determined under subsection (b) of this section; (2) the number of equivalent residential units (or “ERUs”) assigned to that tier; and (3) the rate per ERU set in accordance with § 3-4 {“Initial rates”} or § 3-5 {“Subsequent rates”} of this subtitle. (b) (1) The tier categories for single-family properties are based on a property’s impervious surface area, as determined by the Department of Public Works. (2) The tier categories are as follows: (i) Tier 1 – property with impervious surface area less than or equal to 820 square feet. (ii) Tier 2 – property with impervious surface area greater than 820 square feet and less than or equal to 1,500 square feet. (iii) Tier 3 – property with impervious surface area greater than 1,500 square feet. (c) If a property owner contests the property’s tier assignment and presents plat information, non-aerial photography, or non-aerial videography to support a claim that the property belongs in a lower tier, the Department must: (1) demonstrate that the higher tier is correct; or (2) failing to so demonstrate, make the requested correction. *History: Ord. 13-143* #### § 3-3 Assessment of base fee – All other properties. Balt., Md., Code art. 27, § 3-3 (2026) (a) This section applies to all properties in the City that are not single-family properties subject to § 3-2{“Assessment of base fee – Single-family properties”} of this subtitle. (b) (1) The fee for properties subject to this section is the rate per Equivalent Residential Unit (or “ERU”) set in accordance with § 3-4 {“Initial rates”} or § 3-5 {“Subsequent rates”} of this subtitle times the number of ERUs on the property. (2) For this purpose, 1 ERU comprises 1,050 square feet of impervious surface area. (c) (1) For properties subject to this section, the following methods may be used, at the sole discretion of the Director of Public Works, to determine the impervious surface measurement of a property: (i) geographic information systems analysis of aerial photographs; (ii) measurement from approved as-built engineering drawings that are signed and sealed by a professional engineer; (iii) field surveys that are signed and sealed by a professional engineer or professional land surveyor; and (iv) the use of any additional information that can reliably supplement the data derived from the other measures. (2) The resultant ERU count shall be rounded to the nearest whole number. (3) The computations and back-up materials for all resultant ERU counts shall be maintained by the Department of Public Works and made available to the public, in the Department’s main office and on the Department’s website. (d) The minimum assessed stormwater fee for all properties subject to this section shall be equal to the fee for 1 ERU. (e) (1) The maximums set by paragraphs (2) and (3) of this subsection do not apply to any property or portion of a property for which a credit or exemption has been applied for under § 3-6 {“Credits; Exemptions”} of this article. (2) (i) Subject to subparagraph (ii) of this paragraph, the fee for any property that is subject to property tax and is subject to assessment under this section may not exceed an amount equal to 20% of the total of all State and local real property taxes levied on the property. (ii) This paragraph (2) applies only to properties for which each of the following exceeds $1,000: (A) the net State and local real property taxes levied on the property; and (B) the storm water remediation fee otherwise assessable under this article. (3) Notwithstanding § 3-4 {“Initial rates”} and § 3-5 {“Subsequent rates”}, the fee for structures located on property owned by religious groups or organizations is $12 per ERU per year if: (1) the property is not subject to State or City property tax; and (2) the structures on the property are used exclusively for: (i) places of worship; or (ii) elementary, middle, or high school education. *History: Ord. 13-143* #### § 3-4 Initial rates though FY 2017. Balt., Md., Code art. 27, § 3-4 (2026) (a) Through June 30, 2017, the rates are as provided in this section. (b) For single-family properties assessed under § 3-2 {“Assessment of base fee – Single-family properties”}, the rate per month is the following multiple of the rate-per-month-per-ERU established for properties assessed under § 3-3 {“Assessment of base fee – All other properties”}: (1) Tier 1 properties: 2/3 of the rate per ERU. (2) Tier 2 properties: the rate per ERU. (3) Tier 3 properties: twice the rate per ERU. (c) For all properties assessed under § 3-3 {“Assessment of base fee – All other properties”}, the rate per month is $5 per ERU. *History: Ord. 13-143* *History: Ord. 16-523* #### § 3-5 Subsequent rates. Balt., Md., Code art. 27, § 3-5 (2026) (a) For all fiscal years beginning on or after July 1, 2017, the Board of Estimates, on the recommendation of the Director of Public Works and the Director of Finance, may change the rates for the stormwater remediation fee. (b) The rates shall be based on the share of stormwater management services related to a property and provided by the City. (c) At least 30 days before taking any action on the Directors’ recommendation, the Board of Estimates shall: (1) publish notice of the recommendation; (2) send the recommendations to the members of the City Council; and (3) afford an opportunity for Councilmembers and the public to comment at a public hearing. (d) After the notice and opportunity to comment, the Board of Estimates may: (1) adopt or modify the Directors’ recommendation; and (2) set the rates accordingly. *History: Ord. 13-143* #### § 3-6 Credits; Exemptions. Balt., Md., Code art. 27, § 3-6 (2026) (a) The rules and regulations adopted by the Director of Public Works under this article shall establish a system of credits and exemptions that may be used to reduce the base fee. (b) (1) The system shall provide credits for: (i) specific actions that reduce the quantity or improve the quality of stormwater discharged from the property; (ii) specific actions that improve the quality of stormwater discharged to the City stormwater management system; (iii) properties subject to an NPDES industrial stormwater discharge permit that requires stormwater management or that have been determined by the Maryland Department of the Environment to be exempt from stormwater permitting due to a condition of no exposure, for a credit equal to 55% of the base fee; and (iv) any portion of a property that discharges directly to the Baltimore Harbor and not through the City’s stormdrain system, for a credit equal to 30% of the base fee. (2) The system shall provide hardship exemptions for: (i) any portion of a property where the stormwater is permitted by the Department to connect to the public wastewater system; (ii) streets that, in lieu of publicly maintained streets, are privately maintained, but open to the public, in single-family residential communities; (iii) any portion of a property where caps or other impervious surfaces are required to encapsulate a recognized Superfund area or to protect subterranean structures, as required by the State of Maryland or the U.S. Environmental Protection Agency; and (iv) any other property where a demonstrable and substantial financial hardship exists as a result of the stormwater remediation fee. (c) (1) In this subsection, “historic cooperative property” means property owned by a cooperative housing corporation: (i) formed under the Maryland Cooperative Housing Corporation Act, State Corporations and Associations Article, Title 5, Subtitle 6B; and (ii) existing on or before 1965. (2) Residents of an historic cooperative property that maintains an onsite stormwater management system and are experiencing financial hardship because they are subject to dual assessments to fund both a community system and the City stormwater management system shall receive a reduction of its stormwater remediation fee as follows: (i) an historic cooperation property that maintains an onsite stormwater management system that conveys stormwater from its property to a public stormwater maintenance system shall receive a 40% credit against its total fee; and (ii) an historic cooperative property that maintains an onsite stormwater management system that conveys stormwater from a neighboring community to a public stormwater maintenance facility shall receive a 40% credit against its total fee. *History: Ord. 13-143* #### § 3-7 Collections. Balt., Md., Code art. 27, § 3-7 (2026) (a) All bills for stormwater remediation fees shall be paid within 20 days after they have been issued. (b) These fees: (1) shall be billed by the Department of Public Works; (2) may be included in the same bills rendered for water charges or stated in separate bills; and (3) may be collected by the Director of Finance, at the same time, in the same manner, and subject to the same interest rates and penalties for late- or nonpayment as provided for charges for supplying water. (c) The combined interest and penalties for any property may not exceed 10 times the amount of the fee imposed for that property. (d) This section applies to all properties and the owners of properties that are subject to the payment of the fee imposed under this article. *History: Ord. 13-143* *History: Ord. 16-523* #### § 3-8 Liability and lien for charges, interest, and penalties. Balt., Md., Code art. 27, § 3-8 (2026) (a) The stormwater fee imposed under this article and all interest and penalties on the fee are a personal debt owed by the owner of the property subject to the fee. (b) These fees, interest, and penalties are a lien in favor of the City on the property subject to the fee. (c) These fees, interest, and penalties may be collected and enforced in the same way that the City collects and enforces debts due to it or liens in its favor. *History: Ord. 13-143* #### § 3-9 Rules and regulations by Finance Director. Balt., Md., Code art. 27, § 3-9 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations necessary or proper to fully enforce and collect the charges imposed under this subtitle. (b) A copy of all rules and regulations adopted by the Director of Finance under this subtitle must be filed with the Department of Legislative Reference at least 30 days before they take effect. *History: Ord. 13-143* ### Subtitle 4 – Administrative and Judicial Review #### § 4-1 Administrative appeal of fees. Balt., Md., Code art. 27, § 4-1 (2026) (a) (1) Any property owner aggrieved by a stormwater fee may appeal the fee to the Director of Public Works, as provided in this section. (2) The appeal shall: (i) contain the information and documentation required by the rules and regulations adopted under this article; and (ii) be submitted in writing within 30 days from the date of the bill containing the contested stormwater fee. (b) (1) A person aggrieved by the final decision of the Director of Public Works may appeal that decision to the Board of Municipal and Zoning Appeals. (2) The appeal must be taken within 30 days of the Director’s final decision. *History: Ord. 13-143* #### § 4-2 Judicial review. Balt., Md., Code art. 27, § 4-2 (2026) (a) A person aggrieved by the final decision of the Board of Municipal and Zoning Appeals may seek judicial review of the decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 13-143* ### Subtitle 5 – Stormwater Utility #### § 5-1 “Utility” defined. Balt., Md., Code art. 27, § 5-1 (2026) In this subtitle, “utility” means the stormwater utility governed by City Charter Article VI, § 18. *History: Ord. 13-143* #### § 5-2 Accounting system. Balt., Md., Code art. 27, § 5-2 (2026) (a) The accounting system for the stormwater utility: (1) shall conform to generally accepted principles of utility accounting; and (2) shall be kept on the accrual basis and in the manner prescribed under City Charter Article VII, § 11 {“Department of Finance: accounting”}. (b) The records of revenues of the stormwater utility shall be kept so that the fees imposed on each class of property, according to the rate schedules adopted under this article, can be determined. *History: Ord. 13-143* #### § 5-3 Annual report. Balt., Md., Code art. 27, § 5-3 (2026) (a) After the close of each fiscal year, a report on the financial operations of the stormwater utility shall be: (1) submitted to the Board of Estimates, the Board of Finance, and the members of the City Council; (2) filed with the Department of Legislative Reference; and (3) posted by the Department of Public Works on its website. (b) The report shall contain at least: (1) the following financial statements: (i) a comparative statement of operating and capital revenues and expenditures and of net assets showing the financial conditions of the utility as of the beginning and close of the fiscal year; (ii) a comparative statement of operating and capital budgets and of revenues, expenses, and changes in net assets for the last 2 fiscal years; and (iii) a comparative statement of cash flow for the last 2 fiscal years; and (2) performance outcomes. (c) The report required by this section: (1) in addition to any other report required by law; but (2) may be submitted as a separate section of the statements provided for in City Charter Article VII, § 11 {“Department of Finance: accounting”}. *History: Ord. 13-143* #### § 5-4 Excess revenues. Balt., Md., Code art. 27, § 5-4 (2026) (a) After each fiscal year of operation, if it appears that there will be revenues in excess of those budgeted for that fiscal year: (1) the Board of Estimates may authorize additional expenditures for the following fiscal year or years, in an amount not exceeding the excess revenues, for uses permitted by § 2-3 {“Permitted uses of Fund”} of this article; or (2) on recommendation of the Directors of Finance and Public Works, the Board of Estimates may decrease for the following fiscal year or years the rates for the stormwater remediation fee. (b) All additional expenditures of the stormwater utility are subject to the appropriation procedures provided in City Charter Article VI {“Board of Estimates”}. (c) Money in the Watershed Protection and Restoration Fund may not revert or be transferred to the general fund of the City. *History: Ord. 13-143* #### § 5-5 City loans to Utility. Balt., Md., Code art. 27, § 5-5 (2026) (a) The City may lend to the stormwater utility an amount not to exceed the equivalent to a 60-day cash-working-capital requirement. (b) The loan shall be repaid by the utility on or before 24 months from the date of the loan, with interest at the rate of the average interest earned by the City on its invested funds during the same period. *History: Ord. 13-143* #### § 5-6 Conflicts with covenants, etc. Balt., Md., Code art. 27, § 5-6 (2026) If any provision of this subtitle for the stormwater utility is inconsistent with any covenant, condition, law, or rule or regulation governing any contract, project, or grant from the United States or from the State or funds dedicated by an Act of Congress or by State law or by the terms of any private grant, the provision in this subtitle applies only to the extent that it is not inconsistent with the covenant, condition, law, or rule or regulation. *History: Ord. 13-143* ### Subtitle 6 – Prohibited Conduct; Penalties #### § 6-1 Prohibited conduct. Balt., Md., Code art. 27, § 6-1 (2026) No person may: (1) participate or aid, in any manner, in the evasion of a charge imposed under this article; (2) make any false statement or representation or submit any false record, plan, or other document to the Department of Public Works under or in connection with this article; or (3) otherwise violate any of the provisions of this article or of any rule or regulation adopted under this article. *History: Ord. 13-143* #### § 6-2 Criminal penalties. Balt., Md., Code art. 27, § 6-2 (2026) Any person who violates a provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment not exceeding 6 months or both fine and imprisonment for each offense. *History: Ord. 13-143* ## Article 28 – Taxes ### Division I – General Administration #### Subtitle 1 – Oaths ##### § 1-1 Director may administer. Balt., Md., Code art. 28, § 1-1 (2026) (a) The Director of Finance shall have power and authority to administer oaths with the same powers possessed by a Notary Public of the State of Maryland in connection with the performance of the duties of his office. (b) And he may, from time to time, designate 1 or more of the employees of his office to administer oaths pursuant to the performance of the duties required of them by law or ordinance or assigned to them by the said Director of Finance. *History: Ord. 38-799* *History: Ord. 76-141* #### Subtitle 2 – Lien Certificates ##### § 2-1 Bureau of Liens created; lien certificates established. Balt., Md., Code art. 28, § 2-1 (2026) The Director of Finance is hereby authorized and directed, in accordance with Article II, § (19) of the City Charter: (1) to establish and provide, as a part of his Department, a subdepartment or bureau, to be known as the Bureau of Liens, where there shall be collected, upon application, as hereinafter directed, and kept, a record of the kind and amount of all municipal charges and assessments affecting real estate; and (2) to provide for the issuance of a formal certificate thereby, setting forth plainly whether any and, if so, what municipal charges or assessments exist against any particular piece of property in the City of Baltimore. *History: Ord. 15-579* *History: Ord. 76-141* ##### § 2-2 Chief Clerk and assistant. Balt., Md., Code art. 28, § 2-2 (2026) (a) The Director of Finance is hereby authorized and directed to appoint a competent person, to be designated Chief Clerk, Bureau of Liens, to take and have charge, under the supervision of said Director of Finance, of said bureau so to be established, and to do such other works as the Director of Finance may direct. (b) In addition thereto, the Director of Finance shall appoint 1 other competent person who shall, under the direction of the Chief Clerk in charge of said bureau, to be appointed as aforesaid, perform such clerical and other work as may be found necessary to be done in connection with the operation of said bureau, or as otherwise directed. (c) The salaries of the Chief Clerk in charge of said Bureau and his Assistant and the expense of said bureau shall be such as may be fixed by the Board of Estimates and provided for in the Ordinance of Estimates. *History: Ord. 15-579* *History: Ord. 76-141* ##### § 2-3 Issuance and effect of lien certificates. Balt., Md., Code art. 28, § 2-3 (2026) (a) The Director of Finance, through the Chief Clerk in charge of said Bureau, to be appointed as aforesaid, shall make provisions for: (1) the systematic and reliable collection of accurate data in regard to all municipal charges or assessments affecting any particular piece of real property situate in the City of Baltimore; and (2) the issuance, upon the application of any person tendering a fee of $15 for each separate piece of property inquired about, of a certificate showing plainly and accurately the kind and amount of all such charges or assessments against such particular piece of property. (b) (1) Said certificate hereby provided to be issued, when issued, shall be and become effectual in favor of every bona fide purchaser for value and without notice to bar any claim thereafter, for and on account of any charge or assessment against any particular piece of property, precluded by the fact of said certificate. (2) But neither the payment of the said fee nor the issuance of the certificate mentioned shall in any event be held to preclude the claim by the City to any charge or assessment as against: (i) the owner of the property at the time such certificate as is herein provided for is applied for and issued; or (ii) any person acquiring said property with knowledge of such claim. (c) All fees tendered in payment for the issuance of certificates, as herein provided, shall be collected and receipted for and accounted for by the Director of Finance in the same manner as if the same were proceeds of City taxes. *History: Ord. 15-579* *History: Ord. 26-765* *History: Ord. 76-141* *History: Ord. 82-574* ##### § 2-4 Bureau access to supporting information. Balt., Md., Code art. 28, § 2-4 (2026) (a) For the purpose of obtaining the information necessary to give said certificate, the said Chief Clerk, or his assistant, shall, at all times, have access to the books and records of every department, subdepartment, and municipal officer of the City, having any charges of any kind against any person, which constitute a lien against any real estate. (b) And when so directed by the Board of Estimates, any department, subdepartment, or municipal officer shall furnish to said Chief Clerk or his assistant upon application, a written statement showing every item of any claim against any person, constituting a charge or lien against any real estate, under such system as may be arranged between such department or officer and said Chief Clerk, with the approval of the Board of Estimates. *History: Ord. 15-579* ##### § 2-5 Payments by certificate holder. Balt., Md., Code art. 28, § 2-5 (2026) In addition to the ordinary method of payment now in practice, immediately after the establishment of the Bureau herein provided for, any person holding a certificate issued by the said Bureau, as provided, shall be entitled to pay, and the Director of Finance shall receive in 1 payment all or any of the amounts constituting the separate charges or assessments shown by said certificates to be due, and the said Director shall thereafter distribute the various items thus collected to the respective departments to which they were primarily payable. *History: Ord. 15-579* *History: Ord. 76-141* ##### § 2-6 Certificate required for recordation. Balt., Md., Code art. 28, § 2-6 (2026) (a) (1) No written instrument intended to effect a transfer of any estate or inheritance or freehold, or any declaration of limitation of use, or any estate above 7 years shall be presented to the Clerk of the Circuit Court for Baltimore City for recordation among the Land Records of Baltimore City unless and until the person intending to record such written instrument shall first: (i) procure a certificate of liens from the Department of Finance of Baltimore City, which certificate shall be dated no later than 45 days from the date recordation is intended to be made; and (ii) exhibit evidence in the form of a receipt signed by the Director of Finance that all due and payable liens reflected on the said certificate have been paid in full. (2) Except that this section shall not apply to any lease or sublease for an initial term of not more than 7 years which contains any provision for renewal for 1 or more succeeding stated terms of not more than 7 years each, if under such provision for renewal the right to effect or prevent each such renewal term shall be optional with either the landlord or tenant. (b) In the event any written instrument intending to effect a transfer which is subject to the provisions of this section is recorded by the Clerk of the Circuit Court for Baltimore City without liens reflected on the certificate of liens having first been paid in full: (1) transferor and transferee shall be jointly and severally liable for the payment of such liens; and (2) either or both shall be assessed by the Director of Finance of Baltimore City for: (i) the amount of the lien due; plus (ii) interest at the rate of ½% per month, or fractional part thereof, accounting from the date when such written instrument was received for recordation; and (iii) a penalty of 10% of the lien due. (c) Nothing contained herein shall be taken or construed as imposing any duty or liability upon the Clerk of the Circuit Court for Baltimore City in connection with the administration or enforcement of the provisions of this section. (d) The provisions of this section shall not apply to the recordation of any written instrument, as hereinbefore defined, when: (1) the sole purpose of such written instrument is to add the name or names of an additional person or persons to the title of any property; and (2) such written instrument does not delete or transfer the interest of any existing title holder. *History: Ord. 69-551* *History: Ord. 70-906* *History: Ord. 76-141* #### Subtitle 3 – Refunds ##### § 3-1 Limitations period. Balt., Md., Code art. 28, § 3-1 (2026) No refunds shall be made by the Director of Finance nor ordered by the Board of Municipal and Zoning Appeals where the claim is filed more than 3 years from the date of payment of the taxes or other municipal charges. *History: Ord. 34-595* *History: Ord. 44-149* *History: Ord. 67-1090* *History: Ord. 76-147* ##### § 3-2 Director to examine. Balt., Md., Code art. 28, § 3-2 (2026) The Director of Finance is hereby authorized to examine all claims for return of taxes and other municipal charges which are alleged to have been paid in error resulting in an overpayment or a double payment. *History: Ord. 34-595* *History: Ord. 44-149* *History: Ord. 67-1090* *History: Ord. 76-147* ##### § 3-3 Required documentation; appeal to BMZA. Balt., Md., Code art. 28, § 3-3 (2026) (a) (1) Where the claimant is able to present a canceled check or checks or a valid receipt or receipts as evidence of such overpayment or double payment, and where the records of the Department of Finance show that there has been such overpayment or double payment, the Director of Finance is hereby empowered to make refund of such payment. (2) If upon examination of a claim for an alleged overpayment or double payment of taxes or other municipal charges, the claimant is unable to establish such evidence as stipulated above, the claim shall be denied and the claimant may file a petition for a refund of such overpayment or double payment with the Board of Municipal and Zoning Appeals. (b) (1) Notwithstanding the provisions of subsection (a) hereof, the Director of Finance is hereby authorized, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to adopt rules and regulations to establish the documentation necessary to be furnished by the taxpayer, to support a claim for refund of taxes paid as a result of an overpayment or a double payment on the taxpayers’ property. (2) If upon examination of a claim for an alleged overpayment or double payment of taxes, the claimant is unable to establish such evidence as required by the Director of Finance’s rules and regulations, the claim shall be denied and the claimant may file a petition for a refund of such overpayment or double payment with the Board of Municipal and Zoning Appeals, and have such rights as provided in this subtitle. *History: Ord. 34-595* *History: Ord. 44-149* *History: Ord. 67-1090* *History: Ord. 76-147* *History: Text Conformed 02/25/21* ##### § 3-4 Action by BMZA. Balt., Md., Code art. 28, § 3-4 (2026) (a) It shall be the duty of the Board of Municipal and Zoning Appeals to examine carefully all evidence presented upon such petitions to determine whether an overpayment or double payment does in fact exist. (b) The Board shall reject all such claims as may be considered doubtful or not well founded. (c) If the Board finds that the petition is well founded, the Board shall by order or orders in writing direct the Director of Finance to refund or repay the amount claimed. *History: Ord. 34-595* *History: Ord. 44-149* *History: Ord. 67-1090* *History: Ord. 76-147* ##### § 3-5 Abatement of claim already paid. Balt., Md., Code art. 28, § 3-5 (2026) (a) Upon the representation of any taxpayer that he or she has paid the taxes or other municipal charges for which the Director of Finance has demanded payment, the Board of Municipal and Zoning Appeals is hereby authorized to investigate the case. (b) If the party shall declare his or her receipt has been destroyed or lost, and if undoubted proof or satisfactory documentary evidence is given that the said bill has been paid, the claim shall be abated. *History: Ord. 44-149* *History: Ord. 67-1057* ##### § 3-6 List of refunds and abatements. Balt., Md., Code art. 28, § 3-6 (2026) The Board of Municipal and Zoning Appeals shall keep a correct list or account of all claims for the refund or abatement of taxes or other municipal charges presented to or examined by said Board, which said list or account shall contain the names and addresses of the person or persons presenting such claims, the amount of taxes or other municipal charges refunded or abated, including those rejected and the reasons for their action in the premises. *History: Ord. 44-149* *History: Ord. 67-1057* #### Subtitle 4 – Collections ##### § 4-1 Director to collect. Balt., Md., Code art. 28, § 4-1 (2026) (a) The Director of Finance is directed to collect taxes on personalty within 1 year from the date of the levy thereof, and at the expiration of the said period of 1 year, payment of all personal taxes then remaining unpaid shall be enforced by process of law. (b) Taxes levied on real estate he is directed to collect as now provided by law. *History: Res. 1880-063* *History: Ord. 76-141* ##### § 4-2 Banks as tax-collection agents. Balt., Md., Code art. 28, § 4-2 (2026) (a) The Director of Finance of the City of Baltimore is hereby authorized and directed, from time to time as may in his judgment seem necessary or desirable for the convenience of the public, to appoint banks, trust companies, and other financial institutions to act as agents of the said Director in the collection of State and City taxes, water rents, fees, and other charges: (1) provided that the financial institutions hereinabove mentioned are chartered by the United States of America or the State of Maryland and have authority under their charters to receive and hold money on deposit; and (2) provided further that they have been previously designated and approved for the purpose by the Board of Finance. (b) The Director is further authorized and directed to provide and establish such forms of receipts, blanks for daily reports, and other material as he may deem necessary in the execution of this section. (c) Municipal bills receipted by any financial institution so appointed shall have the same force and effect as if the same has been receipted by the Director. (d) No agreement made by the Director with any bank or trust company pursuant to the authority granted by this section shall be binding on the City until it shall have been approved by the Board of Estimates. *History: Ord. 28-512* *History: Ord. 35-034* *History: Ord. 47-057* *History: Ord. 65-503* ##### § 4-3 Balt., Md., Code art. 28, § 4-3 (2026) Reserved ##### § 4-4 Warning of lien and potential foreclosure. Balt., Md., Code art. 28, § 4-4 (2026) (a) (1) Except as provided in paragraph (2) of this subsection, this section applies to every bill, invoice, or other statement issued by or for the City to collect a tax, fee, or other charge that, by operation of law, constitutes a lien on real property. (2) This section does not apply to water and wastewater bills for: (i) a residential property; or (ii) a property that is owned by a religious group or organization and is exempt from taxation under § 7-204(1) or (2) of the State Tax-Property Article. (b) Each bill, invoice, or other statement to which this section applies shall contain the following warning, prominently and conspicuously displayed in bold face type: “Warning: These charges are a lien on the property identified. Failure to timely pay these charges can lead to sale of the lien at auction and possible foreclosure of the property identified. Foreclosure can result in the loss of ownership of the property.” *History: Ord. 15-411* *History: Ord. 20-336* #### Subtitle 5 ### Division II – Property Tax #### Subtitle 6 – Discounts, Interest, and Penalties ##### § 6-1 Discounts authorized. Balt., Md., Code art. 28, § 6-1 (2026) On all bills for taxes for municipal purposes for real estate, chattels real, and personal property levied and imposed for a taxable year, the Director of Finance shall allow a discount of 0.5% if paid on or before July 31. *History: Ord. 27-196* *History: Ord. 47-109* *History: Ord. 48-538* *History: Ord. 49-900* *History: Ord. 55-1381* *History: Ord. 59-024* *History: Ord. 60-429* *History: Ord. 66-794* *History: Ord. 68-041* *History: Ord. 69-357* *History: Ord. 10-339* ##### § 6-2 Interest and civil penalties imposed. Balt., Md., Code art. 28, § 6-2 (2026) (a) (1) All ordinary City taxes which are due and payable on July 1 for any year shall be overdue and in arrears on October 1 of the same calendar year, and from and after that date they shall bear, until paid: (i) interest at the rate of 1% for each month and fraction thereof; and (ii) penalty at the rate of 1% for each month and fraction thereof. (2) The aforegoing due dates as stipulated in this subsection shall apply to all taxes based upon assessments reported to the Director of Finance provided that the bill therefor is rendered on or before August 31 in the taxable year for which such taxes apply. (b) (1) Taxes based upon assessments reported to the Director of Finance, bills for which are rendered after August 31, in the taxable year for which such taxes apply, will be considered delinquent 30 days after the date of the bill therefor. (2) Such bills, if not paid within the 30-day period, shall bear, until paid: (i) interest at the rate of 1% for each month and fraction thereof; and (ii) penalty at the rate of 1% for each month and fraction thereof. (c) In all instances of escaped or omitted property, the penalties and interest herein provided shall be added to the bill for the current year and back years in the same manner as if such property had not escaped or been omitted. (d) The penalties and interest provided for shall be added to the bill for taxes itself and collected by the Director of Finance in the same manner as taxes are collected. *History: Ord. 23-069* *History: Ord. 24-283* *History: Ord. 50-1444* *History: Ord. 58-1598* *History: Ord. 58-1615* *History: Ord. 59-025* *History: Ord. 66-847* *History: Ord. 67-1017* *History: Ord. 68-042* *History: Ord. 69-356* *History: Ord. 73-380* *History: Ord. 81-366* *History: Ord. 82-656* *History: Ord. 83-929* ##### § 6-3 Three-quarter year taxes. Balt., Md., Code art. 28, § 6-3 (2026) (a) (1) Pursuant to the provisions of State Tax-Property Article §§ 10-104, 14-604, and 14-702, there is hereby levied a tax on any real property completed during the period after July 1 in any year and through September 30, or otherwise first added to the assessment rolls during such period, for the 9 months beginning on October 1 and ending on the next succeeding June 30. (2) Taxes for these 9 months shall be computed by using the assessed valuation of the property at ¾ the current annual tax rate, and taxes imposed for these 9 months shall be due and payable as of the specified day of October 1 or as of the day a tax bill therefor was or reasonably should have been received or made available, whichever is the later date. (b) All such bills shall be overdue and in arrears on the next succeeding January 1 or 30 days after the bill for the taxes has been mailed or made available, whichever is the later date, and shall bear, until paid: (1) interest at the rate of 1% for each month and fraction thereof; and (2) penalty at the rate of 1% for each month and fraction thereof until paid. (c) In all instances of escaped or omitted property, the penalties and interest herein provided shall be added to the bill for the current year and back years in the same manner as if such property had not escaped or been omitted. (d) The penalties and interest provided for shall be added to the bill for taxes itself and collected by the Director of Finance in the same manner as taxes are collected. *History: Ord. 67-1100* *History: Ord. 68-085* *History: Ord. 69-454* *History: Ord. 73-382* *History: Ord. 81-366* *History: Ord. 82-656* *History: Ord. 83-929* *History: Ord. 99-526* ##### § 6-4 One-half year taxes. Balt., Md., Code art. 28, § 6-4 (2026) (a) (1) Taxes levied pursuant to State Tax-Property Article §§ 10-103, 14-604, and 14-702, on any real property completed during the period after October 1 in any year and through January 1 in the next succeeding year shall be computed by using the assessed valuation of the property at ½ the current annual tax rate. (2) Taxes imposed for these 6 months shall be due and payable as of the specified day of January 1 or as of the day a tax bill therefor was or reasonably should have been received or made available, whichever is the later date. (b) All such bills shall be overdue and in arrears on the next succeeding April 1 or 30 days after the bill for the taxes has been mailed or made available, whichever is the later date, and shall bear, until paid: (1) interest at the rate of 1% for each month and fraction thereof; and (2) penalty at the rate of 1% for each month and fraction thereof. (c) In all instances of escaped or omitted property, the penalties and interest herein provided shall be added to the bill for the current year and back years in the same manner as if such property had not escaped or been omitted. (d) The penalties and interest provided for shall be added to the bill for taxes itself and collected by the Director of Finance in the same manner as taxes are collected. *History: Ord. 65-714* *History: Ord. 83-929* ##### § 6-5 One-quarter year taxes. Balt., Md., Code art. 28, § 6-5 (2026) (a) (1) Pursuant to the provisions of State Tax-Property Article §§ 10-105, 14-604, and 14-702, there is hereby levied a tax on any real property completed during the period after January 1 in any year and through March 30, or otherwise first added to the assessment rolls during such period, for the 3 months beginning on April 1 and ending on the next succeeding June 30. (2) The taxes for these 3 months shall be computed by using the assessed valuation of the property at ¼ the current annual tax rate, and taxes imposed for these 3 months shall be due and payable as of the specified day of April 1 or as of the day a tax bill therefor was or reasonably should have been received or made available, whichever is the later date. (b) All such bills shall be overdue and in arrears on the next succeeding July 1 or 30 days after the bill for the taxes has been mailed or made available, whichever is the later date, and shall bear, until paid: (1) interest at the rate of 1% for each month and fraction thereof; and (2) penalty at the rate of 1% for each month and fraction thereof. (c) In all instances of escaped or omitted property, the penalties and interest herein provided shall be added to the bill for the current year and back years in the same manner as if such property had not escaped or been omitted. (d) The penalties and interest provided for shall be added to the bill for taxes itself and collected by the Director of Finance in the same manner as taxes are collected. *History: Ord. 66-894* *History: Ord. 67-1018* *History: Ord. 68-086* *History: Ord. 69-455* *History: Ord. 73-381* *History: Ord. 81-366* *History: Ord. 82-656* *History: Ord. 83-929* #### Subtitle 7 – Semiannual Payments for Owner-Occupied Dwellings ##### § 7-1 Definitions. Balt., Md., Code art. 28, § 7-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Owner-occupied residential property” has the meaning stated in State Tax-Property Article § 10-204.3. *History: Ord. 94-323* *History: Ord. 03-534* ##### § 7-2 Election of semiannual payment. Balt., Md., Code art. 28, § 7-2 (2026) The real property taxes due on any owner-occupied residential property may be paid on a semiannual payment schedule as provided in State Tax-Property Article § 10-204.3. *History: Ord. 94-323* *History: Ord. 03-534* ##### § 7-3 Service charge. Balt., Md., Code art. 28, § 7-3 (2026) (a) A property owner electing to pay real property taxes under a semiannual payment schedule shall pay a service charge annually with the 2nd installment. (b) The service charge and all interest and penalties due on the principal amount shall be a lien on the property of any person liable for the charge, interest, and penalties, and the lien shall be recorded and collected in the same manner as taxes are collected. (c) The Mayor and City Council shall set the service charge in accordance with the requirements and limitations of State Tax-Property Article § 10-204.3. *History: Ord. 94-323* *History: Ord. 03-534* ##### § 7-4 Contents of bill. Balt., Md., Code art. 28, § 7-4 (2026) The property tax bill under a semiannual schedule shall contain the information required by State Tax-Property Article § 10-204.3. *History: Ord. 94-323* *History: Ord. 03-534* ##### § 7-5 Due dates; interest and civil penalties. Balt., Md., Code art. 28, § 7-5 (2026) (a) Payments under a semiannual schedule are due as specified in State Tax-Property Article § 10-204.3. (b) Each semiannual installment that has not been paid by the respective date allowed in State Tax-Property Article § 10-204.3 for its payment without interest shall bear, until paid: (1) interest at the rate of 1% for each month and fraction of a month; and (2) penalty at the rate of 1% for each month and fraction of a month. *History: Ord. 94-323* *History: Ord. 03-534* ##### § 7-6 Rules and regulations. Balt., Md., Code art. 28, § 7-6 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations: (1) to carry out the provisions of this subtitle; and (2) to conduct investigations to assure compliance with this subtitle. *History: Ord. 94-323* *History: Ord. 03-534* *History: Text Conformed 02/25/21* #### Subtitle 7A – Installment Payments ##### § 7A-1 Definitions. Balt., Md., Code art. 28, § 7A-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Director” means the Baltimore City Director of Finance or the Director’s designee. (c) “Property” means any unit of real property that is subject to the real property tax of Baltimore City. *History: Ord. 21-065,* ##### § 7A-2 Election of installment payments. Balt., Md., Code art. 28, § 7A-2 (2026) (a) The local portion of the real property taxes that will become due on any eligible property may be paid in a monthly installment payment schedule as authorized in State Tax-Property Article § 10-208 {“Installment payment schedule”}. (b) To be eligible for election of installment payments under this action {section}, a property: (1) shall be liable for payment of taxes under § 5-101 {“Persons liable”} of the Tax-Property Article of the Maryland Code; and (2) may not be subject to a deed of trust, a mortgage, or any other encumbrance that includes the escrowing of property tax payments. (c) The term of any installment plan under this subtitle must comply with the State Tax-Property Article. *History: Ord. 21-065,* ##### § 7A-3 Rules and regulations. Balt., Md., Code art. 28, § 7A-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations to carry out the provisions of this subtitle. *History: Ord. 21-065,* #### Subtitle 7B – Installment Payments for Taxes in Arrears ##### § 7B-1 Definitions. Balt., Md., Code art. 28, § 7B-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Department” means the Baltimore City Department of Finance. (c) “Director” means the Baltimore City Director of Finance or the Director’s designee. (d) (1) “Dwelling” means: (i) a building that is used, in whole or in part, for residential occupancy; and (ii) the lot or curtilage on which the building is erected. (2) “Dwelling” includes: (i) a condominium unit; (ii) an apartment in a cooperative apartment corporation; and (iii) a part of real property used other than primarily for residential purposes, if the real property is used as a principal residence by an individual who has a legal interest in the real property. (e) “Eligible property” means any property that has a dwelling. (f) “Property” means any unit of real property that is subject to the real property tax of Baltimore City. *History: * ##### § 7B-2 Installment payment program. Balt., Md., Code art. 28, § 7B-2 (2026) (a) The Director shall establish an installment payment program: (1) in which any person with a legal interest in an eligible property may enroll; and (2) that allows any person with a legal interest in an eligible property to: (i) make payment of taxes in arrears on an eligible property; and (ii) make payment of any fee or charge of any kind that is included on a property tax bill for that eligible property. (b) (1) A person is not in compliance with the terms of an installment payment plan if the minimum payment on that installment payment plan is not made for a period of 90 days after the date the payment is due. (2) If a person is in compliance with the terms of an installment payment plan under this section, the Director may not take action under Title 14, Subtitle 8 of the State Tax-Property Article {“Collection”} to collect any property taxes in arrears that are included in the installment payment plan. (3) If a person is not in compliance with the terms of an installment payment plan, the Director may: (i) terminate the person’s installment payment plan; and (ii) take action under Title 14, Subtitle 8 of the State Tax-Property Article {“Collection”} to collect the property taxes in arrears that were included in the installment payment plan. (c) Each offer of an installment payment plan shall: (1) include the availability of an installment payment plan; (2) state the minimum terms of the plan that would be acceptable to the Director; (3) explain any alternate terms that may be available; (4) state the date by which the Department must be contacted to enter into an installment payment plan; (5) indicate the name and telephone number of a Department representative that a person may call to discuss the installment payment program; and (6) state what action the Department may take if the person does not enter into an installment payment plan by the date specified in paragraph (4) of this subsection. (d) An installment payment plan shall set forth: (1) the total amount and dates of the delinquent charges covered by the plan; (2) the total value of the plan, if different than the amount in paragraph (1) of this subsection; (3) the time period over which the total amount shall be paid; (4) the number, due date, and amount of each installment payment due under the plan; and (5) whether invoices will be sent by mail or electronic means. (e) The Department shall send to a person with an installment payment plan a statement that provides 30 days’ notice of each installment payment due under the plan. (f) On or before July 1 of each year, the Department shall provide to the Mayor and City Council a report that contains the following information: (1) the total number of persons enrolled in an active installment payment plan and the average amount of arrearage for all plans; (2) the total number of persons that entered into an installment payment plan in the prior fiscal year and the average amount of arrearage; (3) the number of persons enrolled in an installment payment plan that are not in compliance with the plan and the average amount of arrearage; (4) a summary of the resources that are available to assist a person that is not in compliance with an installment payment plan; (5) a summary of the outreach conducted by the Department to encourage people to enroll in an installment payment agreement; and (6) any additional information requested by the Director that is relevant to property tax arrearages and installment payment agreements authorized under this subtitle. *History: * ##### § 7B-3 Rules and regulations. Balt., Md., Code art. 28, § 7B-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations to carry out the provisions of this subtitle. *History: * #### Subtitle 8 – Tax Sales ##### § 8-1 Interest rate on redemptions from tax sales. Balt., Md., Code art. 28, § 8-1 (2026) Pursuant to the authorization contained in State Tax-Property Article §14-820(b)(3), the interest rate applicable to redemptions of property from tax sales in Baltimore City is: (1) 12% a year for any residential real property that, as of January 1 immediately preceding the tax sale, was designated by the State Department of Assessments and Taxation as the owner’s principal residence in accordance with the criteria governing the State Homestead Tax Credit; and (2) 18% a year for all other property. *History: Ord. 73-379* *History: Ord. 81-288* *History: Ord. 83-938* *History: Ord. 84-217* *History: Ord. 99-516* *History: Ord. 16-485* ##### § 8-2 Tax deeds copied, recorded. Balt., Md., Code art. 28, § 8-2 (2026) The Comptroller of the City shall, on receipt of a deed from the Director of Finance of any property purchased by the City of Baltimore at any sale for taxes: (1) have the deed: (i) scanned electronically into the database required by City Code Article 5, § 16-1 {“Record of conveyances and contracts”}; and (ii) duly recorded among the land records in the Clerk’s office of the Circuit Court for Baltimore City; and (2) when recorded, retain the original deed in the Comptroller’s office. *History: Ord. 1880-045* *History: Ord. 76-141* *History: Ord. 21-032* ##### § 8-3 Resales of tax property. Balt., Md., Code art. 28, § 8-3 (2026) (a) (1) The City Comptroller may from the certified list hereinafter provided for, offer for sale any property purchased by the Mayor and City Council of Baltimore at sales of property by the Director of Finance for nonpayment of taxes, at either public or private sale. (2) If an offer be made for any such property which in the judgment of said City Comptroller shall be advantageous to the Mayor and City Council of Baltimore, the said City Comptroller is hereby authorized to accept such offer and further authorized and directed to execute and deliver to the purchaser an all right, title, and interest deed for the property upon payment of the purchase money. (b) (1) Provided, however, that the property so offered for sale shall be contained in a list of properties, arranged by Councilmanic District, proposed to be sold hereunder, which shall be from time to time supplied by the City Comptroller to the members of the City Council and to the President of the City Council who shall have the list of properties published in the City Council Journal. (2) If no written objection to the sale thereof by a member of the Council is received by the President within 30 days of the publishing of the list in the Journal, he shall so certify to the Comptroller. (c) (1) Where timely objection to the sale of the properties or any of them is made, the same shall be stricken from the list prior to certification as aforesaid. (2) In the event that a member of the City Council shall file such a written objection to the sale within 30 days of the publishing of such list, then the City Comptroller shall seek authority for such sale by ordinance of the Mayor and City Council, except in such cases where the purchaser has a title interest in the property, in which latter event no prior authorization by an ordinance of the Mayor and City Council shall be required. (d) (1) And provided that all such sales shall be ratified by the Board of Estimates. (2) And provided further, that no deed or deeds shall pass under this section unless the same be approved as to form and legal sufficiency by the City Solicitor. *History: Ord. 1880-045* *History: Ord. 01-020* *History: Ord. 34-576* *History: Ord. 50-1347* *History: Ord. 73-477* ##### § 8-4 Reporting resales. Balt., Md., Code art. 28, § 8-4 (2026) The City Comptroller shall report to the Supervisor of Assessments for Baltimore City, all property that may be sold by him under the provisions of the foregoing sections, with the names of the purchasers thereof, in order that the same may be properly assessed to the owners. *History: Ord. 1880-045* *History: Ord. 76-141* ##### § 8-5 Properties exempt from sale. Balt., Md., Code art. 28, § 8-5 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Dwelling” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead tax credit”}. (3) “Homeowner” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead tax credit”}. (b) This section applies to the sale of a dwelling with an assessed value of $250,000 or less. (c) (1) On receipt of an application from an eligible homeowner and subject to the limitation set forth in paragraph (3) of this subsection, the Director of Finance shall withhold the homeowner’s dwelling from tax sale for 1 year. (2) A homeowner is eligible to have the homeowner’s dwelling withheld from tax sale under this section if the homeowner: (i) has resided in the dwelling for at least 15 years; and (ii) either: (A) has a total annual household income of less than $36,000; (B) is at least 65 years old and has annual earned income of $75,000 or less; or (C) is an adult currently receiving disability benefits from the Federal Social Security Disability Insurance program or the Supplemental Security Income program and has annual earned income of $75,000 or less. (3) In any tax year, the aggregate tax and lien liability of all homeowners for whom the Director of Finance has withheld their dwellings from tax sale under this section may not exceed $2 million. (4) Subject to the limitation set forth in paragraph (3) of this subsection, a homeowner may submit a renewal application annually to have the homeowner’s dwelling withheld from tax sale for an additional year provided that the homeowner demonstrates continuing eligibility under this section. (d) A homeowner may submit an application under this section online, in person, or by mail. (e) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance shall adopt rules and regulations to carry out this section, including application and supporting documentation procedures. (f) On or before December 31 of each year, the Director of Finance shall submit a report to the Mayor and City Council: (1) the total number of dwellings that were subject to this section; (2) the total and average amounts of outstanding taxes owed on the dwellings that were subject to this section; and (3) the number of dwellings that were subject to this section separated by the type of homeowner subject to this section. *History: Ord. 20-427* *History: Text Conformed 02/25/21* ##### § 8-6 City Tax Sale Ombudsman. Balt., Md., Code art. 28, § 8-6 (2026) (a) In this section, “homeowner” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead tax credit”}. (b) (1) There is a City Tax Sale Ombudsman in the Department of Housing and Community Development. (2) The Ombudsman shall: (i) be designated by the Commissioner of the Department of Housing and Community Development to carry out the duties of this section; and (ii) have substantial knowledge of the property tax collection process. (c) The Ombudsman shall: (1) assist homeowners to understand the process for collection of delinquent taxes; (2) actively assist homeowners to apply for tax credits, discount programs, and other public benefits that may assist the homeowners to pay delinquent taxes and improve their financial situation; (3) refer homeowners to legal services, housing counseling, and other social services that may assist homeowners to pay delinquent taxes and improve their financial situation; and (4) maintain a website that: (i) functions as a clearinghouse for information concerning: (A) the process for collection of delinquent taxes; and (B) services and programs that are available to assist homeowners to pay delinquent taxes and improve their financial situation; and (ii) includes: (A) a notice regarding eligibility to enroll in an installment payment plan; (B) a complete description of the installment payment programs established under Subtitles 7A and 7B of this article; and (C) detailed instructions on how to enroll in the installment payment programs established under Subtitles 7A and 7B of this article. *History: Ord. 20-427* *History: * #### Subtitle 8.1 – In Rem Foreclosure – Vacant and Abandoned Property ##### § 8.1-1 Definitions. Balt., Md., Code art. 28, § 8.1-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Department” means the Baltimore City Department of Housing and Community Development. (2) “Department” includes any attorney representing the Department in an action filed under this subtitle. (c) “Interested party” has the meaning stated in § 14-873 {“Definitions: Interested party”} of the State Tax-Property Article. (d) “Property” or “real property” has the meaning stated in § 1-101 {“Definitions: Real property”} of the State Tax-Property Article. (e) “Tax” has the meaning stated in § 14-801 {“Definitions: Tax”} of the State Tax-Property Article. *History: Ord. 20-393* *History: Ord. 22-125* ##### § 8.1-2 Authorization. Balt., Md., Code art. 28, § 8.1-2 (2026) In accordance with State Tax-Property Article §§ 14-873 through 14-876, the Mayor and City Council is authorized to subject certain property to judicial in rem foreclosure and sale. *History: Ord. 20-393* ##### § 8.1-3 HCD may initiate action; Applicable properties. Balt., Md., Code art. 28, § 8.1-3 (2026) (a) In accordance with this subtitle, the Department, on behalf of the Mayor and City Council, may file an action in the Circuit Court for Baltimore City for the in rem foreclosure of real property. (b) Except as provided in subsection (c) of this section, in order to be subject to an action for foreclosure under this subtitle: (1) the real property must be: (i) a vacant lot; or (ii) an improved property cited as vacant and unsafe or unfit for habitation or other authorized use on a housing or building violation notice, provided that: (A) the time for appeal of the violation notice has expired without an appeal having been filed; or (B) an administrative review of a filed appeal has been decided in favor of the Building Official, as defined in the City Building, Fire, and Related Codes Article; (2) the real property must be at least 6 months in arrears on taxes and liens; and (3) the total amount of liens for unpaid taxes on the property must exceed the lesser of the total value of the property as last determined by : (i) the Maryland Department of Assessments and Taxation; or (ii) an appraisal report prepared not more than 6 months before the filing of a complaint under this section by a real estate appraiser who is licensed under Title 16 of the State Business Occupations and Professions Article. (c) (1) The Department may not file an action for foreclosure against a property under this subtitle if the property is subject to an active lien certificate held by a third party. (2) Provided that the property otherwise meets the requirements set forth in subsection (b) of this section, the Department may file an action for foreclosure against real property under this subtitle if: (i) the real property is subject to an active tax certificate held by the Mayor and City Council; and (ii) the Mayor and City Council has not previously filed an action to foreclose the right of redemption. *History: Ord. 20-393* *History: Ord. 22-124* ##### § 8.1-4 Balt., Md., Code art. 28, § 8.1-4 (2026) Reserved ##### § 8.1-5 Rules and regulations. Balt., Md., Code art. 28, § 8.1-5 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Commissioner of Housing and Community Development may adopt rules and regulations to carry out this subtitle. *History: Ord. 20-393* *History: Text Conformed 02/25/21* ##### § 8.1-6 Balt., Md., Code art. 28, § 8.1-6 (2026) Reserved ##### § 8.1-7 Complaint. Balt., Md., Code art. 28, § 8.1-7 (2026) (a) (1) Prior to filing a complaint under this subtitle, the Department shall send notice by certified mail, restricted delivery, return receipt requested, to the record owner of the subject property at the tax address on record among the City’s real property records. (2) The notice required by this subsection shall: (i) clearly identify the property; (ii) identify the tax and other municipal liens due to the Mayor and City Council; and (iii) state that unless full payment of all municipal liens is made to the Department of Finance within 30 days, the Department may file an in rem foreclosure action in the Circuit Court for Baltimore City and seek the vesting of title to the property in the Mayor and City Council of Baltimore. (b) The Department may file a complaint in the Circuit Court for Baltimore City to initiate an in rem foreclosure action if: (1) the property otherwise meets the specifications in § 8.1-3(b) {“Applicable properties”} of this subtitle; (2) the Department has sent the notice required by subsection (a) of this section; and (3) the full payment of municipal liens has not been paid within 30 days from the date the notice described in paragraph (2) of this subsection was sent. (c) A complaint filed under this section shall include: (1) a description of the property as it appears in City land records; (2) the tax identification number of the property; (3) a statement that taxes for the property are delinquent at the time of filing; (4) the amount of taxes that are delinquent for the property at the time of filing; (5) the names and last known addresses of all interested parties to the property and, if applicable, a statement that the address of a particular interested party to the property is unknown; (6) a statement that the property is either: (i) a vacant lot; or (ii) an improved property cited by the Department as vacant and unsafe or unfit for habitation or another authorized use; (7) if the Department states that the property is an improved property cited by the Department as vacant and unsafe or unfit for habitation or another authorized use, a copy of any relevant notices or citations issued by the Department; (8) a request that the Circuit Court not schedule a hearing on the complaint until 30 days after the date that the complaint has been filed; and (9) a request that the Circuit Court enter a judgment that: (i) forecloses the existing interests of all interested parties to the property; and (ii) orders ownership of the property to be transferred to the City. (d) A complaint filed under this section may be amended to include all taxes that become delinquent after the commencement of the in rem foreclosure action. (e) (1) Subject to paragraph (2) of this subsection, an interested party may cure the delinquent taxes and liens on the property by paying all past due fees, payments, and penalties at any time prior to the entry of the foreclosure judgment. (2) An interested party may not cure the delinquent taxes and liens on the property by paying all past due fees, payments, and penalties after the entry of the foreclosure judgment. *History: Ord. 20-393* *History: Ord. 22-124* ##### § 8.1-8 Defendants; Service of process. Balt., Md., Code art. 28, § 8.1-8 (2026) (a) Each interested party to the property shall be named as a defendant in the complaint and shall be identified, located, and served with process as specified in this section. (b) (1) The title of the complaint shall display the last known address of each defendant, as obtained from: (i) any record examined as part of the title examination for the property; (ii) the tax rolls of the Department of Finance and, if different from the Department of Finance’s tax rolls, the tax address on file with the Maryland Department of Assessments and Taxation; and (iii) any other likely address that is known to the Department. (2) Other than the methods described in paragraph (1) of this subsection, the Department is not required to conduct any further investigations or to search any additional record to ascertain an address for a defendant. (c) (1) In this subsection, “owner” means the owner of the fee simple, leasehold, or reversionary interest in a real property. (2) When the owner of a real property cannot be reasonably ascertained: (i) the unknown owner to the property may be included as a defendant by the following designation: “Unknown owner of (identify the nature of the interest: fee simple, leasehold, or reversionary) interest in the property ...... (giving a description of the property in substantially the same form as the description that appears on the pre-complaint notice), the unknown owner’s heirs, devisees, and personal representatives and their or any of their heirs, devisees, executors, administrators, grantees, assigns, or successors in right, title, and interest”; and (ii) the unknown owner shall be referred to throughout the proceeding using this designation, and the proceedings shall continue against the unknown owner by publication under order of the court as provided in subsection (e) of this section. (3) In order for the Department to designate a defendant as described in paragraph (2) of this subsection, immediately before the filing of the complaint, the Department shall perform a full records search consisting of at least 50 years in accordance with generally accepted standards for title examination. (4) Any complaint filed under this subtitle against an unknown owner shall attach to it an affidavit by the individual performing the search described in paragraph (3) of this subsection that attests to the individual’s efforts. (d) (1) On filing of a complaint under this subtitle and in accordance with the Maryland Rules, the Circuit Court shall issue a summons to procure the answer and the appearance of all defendants. (2) To the extent practicable and except as otherwise provided in this section, the summons required by this section shall be served on defendants in the manner described in Title 14, Subtitle 8, Part III of the State Tax-Property Article. (e) (1) (i) At the same time that the summons is issued, as provided by subsection (c) of this section, the Court shall pass an order of publication directed to all defendants, naming them as provided by this subtitle. (ii) The property shall be described in the order of publication as the property is described in the complaint. (iii) The order of publication shall warn any person that has or claims to have an interest in the property: (A) to answer the complaint or to redeem the property on or before the date specified in the order of publication; and (B) that, in case of failure to appear, answer, or redeem the property, an in rem foreclosure judgment will be entered to foreclose all rights of redemption in the property and order ownership of the real property be vested in the Mayor and City Council of Baltimore. (iv) The date specified in subparagraph (iii)(A) of this paragraph may not be less than 60 days from the issuance of the order of publication. (v) When the order of publication is issued and published, any person that has any right, title, interest, claim, lien, or equity of redemption in the property is bound by the judgment of the court that may be passed in the case as if the person were personally served with process. (2) The order of publication shall be in substantially the following form: Order of Publication “The object of this proceeding is to secure the foreclosure of all rights of redemption in and vest title in the Mayor and City council of Baltimore to the following property in the City of Baltimore: (Here insert description of property in substantially the same form as the description that appears in the complaint.) The complaint states, among other things, that the real property is a vacant lot or improved property cited as vacant and unsafe or unfit for habitation or other authorized use on a housing or building violation notice, and that the amounts necessary for redemption have not been paid. It is thereupon this .... day of ......., 20.., by the Circuit Court for Baltimore City, ordered, that notice be given by the insertion of a copy of this order in some newspaper having a general circulation in .... once a week for 3 successive weeks, warning all persons interested in the property to appear in this court by the .... day of ......, 20.., and redeem the property ....... and answer the complaint or thereafter a final judgment will be entered foreclosing all rights of redemption in the property, and vesting title in the Mayor and City Council of Baltimore, free and clear of all encumbrances.”. (3) (i) This paragraph only applies to instances when the Department has ascertained a defendant’s last known address. (ii) On issuance of the order of publication, the Department shall send a copy of the order to each defendant, at the defendant’s last known address, by first class mail or certified mail, postage prepaid. (f) (1) Notice to a defendant may be made in any other manner that results in actual notice of the pendency of the action. (2) If notice is made under this subsection, the Department shall file an affidavit with the Court certifying the notice with a description of the method service used and the time of service. (g) If a defendant has not been served with the summons issued under subsection (d) of this section or if the defendant has not been served by alternative means as described in subsection (f) of this section, the Department must file with the Court: (1) an affidavit certifying that all provisions of this section have been complied with; and (2) to indicate that a good faith effort was made to serve the summons and complaint on each interested party, a copy of: (i) the receipt obtained from the United States Post Office for the mailing; (ii) the certified mail receipt; or (iii) an affidavit of a process server. *History: Ord. 20-393* *History: Ord. 22-124* ##### § 8.1-9 Post-filing notice. Balt., Md., Code art. 28, § 8.1-9 (2026) Within 5 days after the filing of the complaint, the Department shall send a copy of the complaint to each interested party to the action, by first-class mail and certified mail, postage pre-paid, return receipt requested, to the address or addresses identified in the caption of the complaint, if those addresses were found. *History: Ord. 20-393* ##### § 8.1-10 Sufficiency of notice. Balt., Md., Code art. 28, § 8.1-10 (2026) The provisions of this subtitle as to notice and service of process to persons who may have an interest in a property, in conjunction with the order of publication, routine tax notices, and the pre-filing and post-filing notices required by this subtitle, as well as the knowledge of the taxes and the consequences for nonpayment of the taxes is declared: (1) to be reasonable and sufficient under all of the circumstances involved, and necessary in light of the compelling need for the prompt collection of taxes and to address abandoned and blighted properties; and (2) to supersede any other requirement in other cases or civil causes generally, including requirements in the Maryland Rules that may be construed to conflict with the notice and service or process requirements in this section. *History: Ord. 20-393* *History: Ord. 22-124* ##### § 8.1-11 Hearing. Balt., Md., Code art. 28, § 8.1-11 (2026) (a) (i) Whether to schedule a hearing is within the Circuit Court’s discretion. (ii) If a hearing is scheduled, the hearing must be at least 30 days after the filing of the complaint and 60 days from the date of the order of publication. (b) At a hearing during the pendency of the action, any interested party has the right to be heard and to contest the delinquency of the taxes or the adequacy of the proceedings. *History: Ord. 20-393* ##### § 8.1-12 Judgment. Balt., Md., Code art. 28, § 8.1-12 (2026) (a) This section only applies if the Court finds, after a hearing or on the pleadings and affidavits, that: (1) the Department sent notice and a copy of the complaint to each interested party in accordance with this subtitle; (2) service of process and other notice requirements have been met; and (3) the information set forth in the complaint is accurate. (b) If the Court has made the findings required by subsection (a) of this section, the Court shall: (1) enter a judgment finding that: (i) proper notice has been provided to all interested parties; and (ii) the real property is a vacant lot or an improved property cited as vacant and unsafe or unfit for habitation or other authorized use on a housing or building violation notice; and (2) order that the ownership of the real property is transferred to the Mayor and City Council pursuant to § 8.1-13 {“Title; Recordation”} of this subtitle. (c) A judgment in an action under this subtitle is binding and conclusive, regardless of legal disability, on: (1) all persons, known and unknown, who were parties to the action and who had a claim to the property, whether present or future, vested or contingent, legal or equitable, or several or undivided; and (2) all persons who were not parties to the action and had a claim to the property that was not recorded at the time that the action was commenced. *History: Ord. 20-393* ##### § 8.1-13 Title; Recordation. Balt., Md., Code art. 28, § 8.1-13 (2026) (a) Unless specified otherwise in the Court’s judgment or in this section, the title acquired in an in rem foreclosure proceeding shall be an absolute fee simple title. (b) (1) If the Department’s title search indicates that a property’s title is held in leasehold and the Department wishes for the property to be awarded in leasehold, the Department may ask the Court to award leasehold title. (2) Service of process having been rendered on the ground rent owner, either directly, if the owner has been identified and located, or by publication or other method approved by the Court, if the ground rent owner has not been identified or located, shall be sufficient for the Court to award fee simple title to a leasehold property. (c) The Department shall record a judgment transferring title to the Mayor and City Council under this subtitle in the land records of Baltimore City. *History: Ord. 20-393* ##### § 8.1-14 Balt., Md., Code art. 28, § 8.1-14 (2026) Reserved ##### § 8.1-15 Post-judgment sale. Balt., Md., Code art. 28, § 8.1-15 (2026) (a) (1) After obtaining and recording an in rem foreclosure judgment, the City may retain title to the property or sell the property, pursuant to City Charter, Article V, § 5, and City Code, Article 15, § 2-7, to advance the City’s blight elimination goals. (2) The goals described in paragraph (1) of this subsection include rehabilitation, redevelopment, creation or preservation of open or park space, or other similar uses. (b) If Baltimore City establishes a Land Bank Authority in accordance with City Charter, Article II, § 65 {“Land Bank Authority”}, the City may convey the property to that Authority to be used for the City’s or the Authority’s blight elimination and revitalization goals. (c) (1) (i) At the time the City sells any property obtained under this subtitle, the City shall deposit into the Court registry any excess funds paid by the buyer, either directly for the property or on a pro-rata basis if the property was consolidated with other lots to create a single parcel, beyond the lien amounts owed to the Mayor and the City Council, inclusive of interest, fees, and penalties, at the time of the in rem foreclosure judgement under this subtitle. (ii) In depositing the excess funds, the City shall provide an accounting of the amount of City liens at the time of the in rem foreclosure judgement on the property and detail the price or pro-rata share of the price ultimately paid by the buyer of the property. (2) The amount deposited under paragraph (1)(i) of this subsection shall be distributed to the owner and other defendants, upon their motions, in order of lien priority. *History: Ord. 20-393* *History: Ord. 22-124* #### Subtitle 9 – Exemptions ##### § 9-1 Household furnishings. Balt., Md., Code art. 28, § 9-1 (2026) On and after the year 1943, household furniture and effects held for the household use of the owner or members of his family, and not held or employed for purposes of profit or in connection with any business, profession, or occupation, shall be exempt from assessment and taxation. *History: Ord. 41-563* ##### § 9-2 Manufacturers. Balt., Md., Code art. 28, § 9-2 (2026) (a) In order to encourage the growth and development of manufacturing industries in Baltimore City and thereby promote the general welfare of the inhabitants of the City, machinery and equipment used in the pasteurization, and processing of milk, laundry and dry cleaning machinery and equipment when employed or used in the business of laundering and dry cleaning, and all mechanical tools or implements, whether worked by hand or steam or other motive power, machinery, manufacturing apparatus or engines, actually and directly employed in the manufacturing process of a manufacturer, raw material on hand, and manufactured products in the hands of the manufacturers, shall be exempt from taxation for all ordinary municipal purposes of the Mayor and City Council of Baltimore. (b) Provided, that manufactured products in the hands of the manufacturer, with the exception of milk in the hands of the processor and bread in the hands of the baker, and food and food products in the hands of the processor or manufacturer thereof, and held in the hands of said manufacturer for sale at retail by such manufacturer, shall not be exempt from taxation under the terms and provisions of this section. (c) (1) In determining the fair average value of the inventory for sale at retail for the 12 months preceding the date of finality, it shall be presumed in the absence of clear evidence to the contrary that a ratio of the entire inventory held by the taxpayer during said period shall be subject to assessment equal to the ratio that the total retail sales bear to the total sales for such period. (2) The terms “retail sale” and “sale at retail” as used in this section shall be construed to be a sale in any quantity or quantities of any tangible personal property to any person, partnership, association, corporation, or other legal entity, as said terms are defined in the State Tax-General Article, when the sale is for any purpose other than those in which the purpose of the purchaser is: (i) to resell the property so transferred in the form in which it is received by him or it; or (ii) to use or incorporate the property so transferred as a material or part of other tangible personal property to be produced for sale by manufacturing, assembling, processing, or refining. (d) In case any person, firm, corporation or other legal entity engaged in manufacturing in Baltimore City shall also be engaged in the business of a jobber or wholesaler, nothing in this section shall be construed to exempt from taxation the personal property, other than goods of his own manufacture, used in connection with said business of jobber or wholesaler. (e) (1) Provided, further, that in the year 1960 and each year thereafter, ores and unrefined metals shipped into the City, for refining by others than the owners thereof, and the metals derived therefrom, while the said ore, and unrefined metals, and metals derived therefrom, are in the hands of the refiner, shall be exempt from assessment and taxation for all ordinary municipal purposes. (2) The term “refining” as used herein, means the reduction of ores and unrefined metals to a fine and pure state, unmixed and not alloyed with other metals or compounds. (3) Provided that nothing in this section shall be deemed to limit the application of the exemption granted by Article 37, § 50(a) of the Baltimore City Code of 1950, as said subsection was ordained by Ordinance 58-1340, to the extent that the same would otherwise be applicable. *History: Ord. 1881-007* *History: Ord. 12-140* *History: Ord. 50-1503* *History: Ord. 56-643* *History: Ord. 58-1340* *History: Ord. 59-156, Ord. 66-752* *History: Ord. 99-526* ##### § 9-3 Stock in business. Balt., Md., Code art. 28, § 9-3 (2026) The stock in business of every person, firm, corporation, or other legal entity engaged in any commercial business in the City of Baltimore is exempt from taxation for all ordinary municipal purposes of the Mayor and City Council of Baltimore. *History: Ord. 58-1339* *History: Ord. 76-084* *History: Ord. 99-526* ##### § 9-4 Inventory of importer. Balt., Md., Code art. 28, § 9-4 (2026) The inventories of foreign imports of importers located within Baltimore City shall be exempt from ordinary municipal taxation, provided the imported property is in the hands of the importer and is in the original package. *History: Ord. 76-123* ##### § 9-5 New and expanded manufacturers, milk processors, laundries. Balt., Md., Code art. 28, § 9-5 (2026) (a) In order to encourage and promote the location of new manufacturing industries, and the expansion, growth and development of established manufacturing industries, in Baltimore City, beginning on July 1, 1958, and continuing thereafter, all mechanical tools or implements regardless of the kind of motive power needed or used to operate them, machinery, motors, engines, apparatus, or equipment used entirely or chiefly in connection with manufacturing, and all machinery and equipment used in the pasteurization and processing of milk, and all laundry machinery when employed or used in the business of laundering, shall be exempt from taxation for all ordinary municipal purposes of the Mayor and City Council of Baltimore: (1) if and when such personal property is used by any new manufacturing, milk processing, or laundering industry, as the case may be, located wholly within Baltimore City and if and when the plant or factory of such new manufacturing, milk processing, or laundering industry, as the case may be, is completed and placed in operation after July 1, 1958; or (2) if and when such personal property is acquired and used after July 1,1958, by an established manufacturing, milk processing, or laundering industry, as the case may be, located wholly within Baltimore City for or in connection with the expansion, growth or development of such established manufacturing, milk processing, or laundering industry, as the case may be, and the total assessed valuation of such personal property is in excess of $10,000 in each and every instance or particular case which is covered by the provisions of this subsection. (b) (1) Raw materials on hand and in the possession of, and manufactured products in the hands of, any new manufacturing, milk processing, or laundering industry, as the case may be, located wholly within Baltimore City and whose plant or factory is completed and placed in operation after July 1, 1958, beginning on July 1, 1958, and continuing thereafter, shall be exempt from taxation for all ordinary municipal purposes of the Mayor and City Council of Baltimore. (2) Provided, the manufactured products in the hands of any such new manufacturing, milk processing, or laundering industry, as the case may be, with the exception of milk in the hands of the processor and bread in the hands of the baker, and food and food products in the hands of the processor or manufacturer thereof, and held in the hands of any such new manufacturing, milk processing, or laundering industry, as the case may be, for sale at retail by such manufacturer, milk processor, or launderer, shall not be exempt from taxation under the terms and provisions of this section. (3) In determining the fair average value of the inventory for sale at retail for the twelve months preceding the date of finality, it shall be presumed in the absence of clear evidence to the contrary that a ratio of the entire inventory held by the taxpayer during said period shall be subject to assessment equal to the ratio that the total retail sales bear to the total sales for such period. (4) The terms “retail sale” and “sale at retail” as used in this section shall be construed to be a sale in any quantity or quantities of any tangible personal property to any person, partnership, association, corporation or other legal entity, as said terms are defined in the State Tax-General Article, when the sale is for any purpose other than those in which the purpose of the purchaser is: (i) to resell the property so transferred in the form in which it is received by him or it; or (ii) to use or incorporate the property so transferred as a material or part of other tangible personal property to be produced for sale by manufacturing, assembling, processing or refining. (5) In case any such new manufacturer, milk processor, or launderer, as the case may be, shall also be engaged in the business of a jobber or a wholesaler, nothing in this section shall be construed to exempt from taxation the personal property, other than goods of his own manufacture or products produced by him, used in connection with said business of jobber or wholesaler. (c) Provided, however, that no tax exemption is granted under the provisions of this section for the replacement of any of such personal property which has simply or merely deteriorated or become obsolete. (d) The tax exemption provided for in this section shall be in addition to any other exemption granted by any ordinance or law exempting such personal property from taxation. *History: Ord. 58-1522* *History: Ord. 22-124* ##### § 9-6 Balt., Md., Code art. 28, § 9-6 (2026) Reserved *History: Ord. 07-474* *History: Text Conformed 02/25/21* *History: Ord. 20-367* ##### § 9-7 Private aircraft landing areas. Balt., Md., Code art. 28, § 9-7 (2026) (a) In accordance with State Tax-Property Article § 8-302, the essential portions of aircraft landing strips and areas, as certified by the Maryland Aviation Administration, are exempt from taxation, if the landing strips and areas are: (1) located on privately owned property; (2) used by the public; and (3) licensed under State Transportation Article Title 5. (b) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations to carry out the provisions of this section. *History: Ord. 10-275* *History: Text Conformed 02/25/21* ##### § 9-8 Community-managed open space. Balt., Md., Code art. 28, § 9-8 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Community managed open space” or “CMOS” has the meaning stated in State Tax-Property Article, § 7-519(a)(2). (3) “Community open space management entity” or “COSME” has the meaning stated in State Tax-Property Article, § 7-519(a)(3). (4) “Cultivated state” means a state where design and choice of plants and materials is guided by human preference. (5) “Natural state” means an undeveloped state where design and choice of plants and materials is not guided by human preference, with the exception of the elimination by human intervention of invasive or non-native species. (6) “Sensitive environmental areas” means forests or other undeveloped areas, in a natural state, that are managed to contribute ecological benefits to air or water or to provide animal and plant habitat. (b) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance, after consultation with the Director of the Office of Sustainability, may adopt rules and regulations to carry out the provisions of this section. (c) In accordance with State Tax-Property Article § 7-519, a community managed open space, owned by a community open space management entity, is exempt from Baltimore City real property taxes if, in accordance with the rules and regulations adopted under this section, it is: (1) for open spaces in a cultivated state, no larger than 2 acres; (2) for sensitive environmental areas, no larger than 10 acres; and (3) if owned by a COSME holding more than 3 community-managed open space sites, the COSME does not have more than 50% of its holdings within a 1-mile radius of any given site. (d) A COSME claiming 1 or more exemptions under this section must submit to the Office of Sustainability: (1) an annual status report by April 1st of each year that provides the information required by the Office of Sustainability, including the names and contact information for each CMOS’s manager and assistant manager; and (2) a more detailed report every 4 years that provides the information required by the Office of Sustainability, including information about the level of community involvement and improvements made at each CMOS. (e) (1) For all properties acquired after the effective date, a COSME must include in deeds for property exempted under this section a requirement that the land will be used only as a CMOS in a cultivated or natural state so long as it is owned by the COSME. (2) A COSME acquiring land transferred to it from the City must include language approved by the Department of Real Estate or by the Board of Estimates in any deed for property exempted under this provision that grants the City a right of first refusal for the land in the event that the COSME seeks to sell or transfer the land. *History: Ord. 16-499* *History: Text Conformed 02/25/21* #### Subtitle 10 – Credits ##### § 10-1 Homestead property. Balt., Md., Code art. 28, § 10-1 (2026) Pursuant to the authorization contained in State Tax-Property Article § 9-105, for the taxable year beginning July 1, 2027, the homestead credit percentage for the City property tax is 105%. *History: Ord. 90-631* *History: Ord. 91-842* *History: Ord. 92-156* *History: * ##### § 10-1.1 Portable homestead. Balt., Md., Code art. 28, § 10-1.1 (2026) (a) (1) In this section, the following words have the meanings indicated. (2) “Dwelling” has the meaning stated in State Tax-Property Article, § 9-304(g). (3) “Finance Director” or “Director” means the Director of the City Department of Finance or the Director’s designee. (4) “Homeowner” has the meaning stated in State Tax-Property Article, § 9-304(g). (b) In accordance with State Tax-Property Article, § 9-304(g), a tax credit is granted against the City property tax imposed on a dwelling that is newly purchased by a homeowner who, for the preceding 5 tax years, has received a credit under State Tax-Property Article, § 9-105 {“Homestead tax credit”} for a dwelling located in Baltimore City. (c) To qualify for the credit authorized by this section, the homeowner must: (1) for the 5 tax years preceding the purchase of the new dwelling in Baltimore City: (i) have owned and occupied, as his or her principal residence, a dwelling in the City; and (ii) received a credit under State Tax-Property Article, § 9-105 {“Homestead tax credit”} for that dwelling; (2) occupy the newly purchased dwelling as his or her principal residence; (3) submit an application to the Finance Director, in the form and containing the information that the Director requires, either: (i) within 90 days of settlement on the newly purchased dwelling; or (ii) by May 31, 2023; (4) for each tax year for which the credit is sought file a State income tax return as a resident of Baltimore City; (5) comply with all other procedures and conditions required by the rules and regulations adopted under this section; and (6) either: (i) file with the Finance Director an affidavit signed under oath in the form provided by the Director certifying that: (A) they are a “homeowner” as defined under State Tax- Property Article, § 9-105(a)(7); and (B) the newly purchased dwelling is a “dwelling” as defined under State Tax-Property Article, § 9-105(a)(5); or (ii) have applied and been approved for the credit under State Tax-Property Article, § 9-105 {“Homestead tax credit”} for the newly purchased dwelling. (d) (1) Except as provided in paragraph (2) of this subsection, the credit granted under this section is a fixed amount of $4,000, to be allocated and applied over a period of 5 tax years as follows: (i) $1,000 in the 1st tax year; (ii) $900 in the 2nd tax year; (iii) $800 in the 3rd tax year; (iv) $700 in the 4th tax year; and (v) $600 in the 5th tax year. (2) (i) For applications filed on or after October 1, 2015, the fixed amount of the credit is $5,000 for a homeowner who purchases a dwelling located within a low or moderate income census tract, as designated from time to time by the U.S. Department of Housing and Urban Development and in which at least 51% of the persons living in the tract are in households earning 80% or less of the area median income. (ii) A homeowner who was residing within a low or moderate income census tract, as described in subparagraph (i) of this paragraph, when the homeowner submitted the application for the credit remains eligible for the higher credit authorized by this paragraph even if, after the date of the application, the census tract changes and the homeowner would otherwise be ineligible for the higher credit during the 5–year period. (iii) The $5,000 shall be allocated and applied over a period of 5 tax years as follows: (A) $1,200 in the 1st tax year; (B) $1,100 in the 2nd tax year; (C) $1,000 in the 3rd tax year; (D) $900 in the 4th tax year; and (E) $800 in the 5th tax year. (iv) The Finance Director may establish additional criteria necessary to carry out this paragraph. (e) A homeowner may not receive a credit under this section (or portion of the credit) for any year in which application of the credit (or portion of the credit) would reduce the homeowner’s property tax liability below the homeowner’s property tax liability for the dwelling previously occupied by the homeowner. (f) In any year in which a homeowner receives a credit under this section, the homeowner may not receive: (1) the local portion of the credit under State Tax-Property Article, § 9-105 {“Homestead tax credit”}; or (2) any other property tax credit provided by the City. (g) The credit granted under this section for a dwelling may not be transferred to: (1) a person who purchases the dwelling from the homeowner receiving the credit; or (2) a dwelling that is subsequently purchased by the homeowner receiving the credit. (h) After termination of the credit granted under this section, a homeowner is entitled to the local portion of the credit granted under State Tax-Property Article, § 9-105 {“Homestead tax credit”}, which shall be calculated: (1) as if the homeowner had received the credit under § 9-105 beginning in the second year the homeowner occupied the dwelling; and (2) based on the full assessed value of the dwelling in each year the homeowner received the credit granted under this section. (i) The Finance Director shall review and approve applications for the credit granted under this section based on: (1) the availability of the funds appropriated for the credit and its administration under State Tax-Property Article, § 9-304(g)(9)(i); and (2) the order in which applications for the credit are received; and (j) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Finance Director shall adopt rules, regulations, and procedures as necessary to carry out this section. (k) The Department of Finance shall evaluate the efficacy of the credit established by this section and submit a report of its findings and recommendations on or before December 31, 2024, and every 2 years thereafter, to: (1) the Mayor and the City Council; and (2) in accordance with State Government Article, § 2-1246: (i) the Baltimore City House Delegation; (ii) the Baltimore City Senate Delegation; (iii) the Senate Budget and Taxation Committee; and (iv) the House Committee on Ways and Means. (l) *History: Ord. 14-303* *History: Text Conformed 02/25/21* *History: Ord. 22-166* ##### § 10-2 Dwellings on cemetery property. Balt., Md., Code art. 28, § 10-2 (2026) (a) In accordance with the provisions of State Tax-Property Article § 9-202, there is hereby established a tax credit from Baltimore City real property taxes levied on any improvement: (1) located on the site of cemetery property that is exempt under State Tax-Property Article § 7-201, (2) if the improvement is used as a dwelling by an employee of the owner of the exempt property. (b) (1) The owner must file an application for this tax credit with the Director of Finance annually, on or before September 1 of the taxable year for which the credit is sought. (2) The application for the tax credit shall contain information that the Director of Finance considers necessary for determining the eligibility of the applicant. (c) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations to carry out the provisions of this section. (d) Any applicant who makes a false statement for the purpose of obtaining a tax credit under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment. *History: Ord. 86-780* *History: Ord. 04-672* *History: Text Conformed 02/25/21* ##### § 10-3 Vacant dwellings. Balt., Md., Code art. 28, § 10-3 (2026) (a) In this section, “vacant dwelling” means residential real property that: (1) contains no more than 4 dwelling units; and (2) either: (i) has been cited as vacant and abandoned on a housing or building violation notice for 1 year; or (ii) has been owned by the Mayor and City Council of Baltimore City for 1 year and is in need of substantial repair to comply with applicable City codes. (b) In accordance with the provisions of State Tax-Property Article § 9-304(c) , there is hereby granted a tax credit against the Baltimore City real property tax imposed on a vacant dwelling owned and occupied as the principle residence by a qualifying owner. (c) Owners of vacant dwellings may qualify for the tax credit authorized by this section by: (1) substantially rehabilitating the vacant dwelling in compliance with the code and laws applied to dwellings; (2) occupying the dwelling after rehabilitation as their principal residence; and (3) satisfying other requirements as may be provided in a Resolution of the Board of Estimates. (d) A property tax credit granted under this section may not exceed the amount of City property tax imposed on the increased value of the residential real property that is due to the improvements made to the property immediately before the occupancy permit was issued, multiplied by: (1) 100% for the 1st taxable year in which the property qualifies for the tax credit; (2) 80% for the 2nd taxable year in which the property qualifies for the tax credit; (3) 60% for the 3rd taxable year in which the property qualifies for the tax credit; (4) 40% for the 4th taxable year in which the property qualifies for the tax credit; (5) 20% for the 5th taxable year in which the property qualifies for the tax credit; and (6) 0% for each taxable year thereafter. (e) (1) The owner shall file an application for this tax credit with the Director of Finance annually, on or before September 1 of the taxable year for which the credit is sought. (2) The application for the tax credit shall contain information that the Board of Estimates considers necessary for determining the eligibility of the applicant. (f) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Estimates may adopt rules and regulations to carry out the provisions of this section. (g) Any applicant who, for the purpose of obtaining a tax credit under the provisions of this section, makes a false statement on the application shall be guilty of a misdemeanor and shall be fined not more than $500. *History: Ord. 93-234* *History: Text Conformed 02/25/21* ##### § 10-4 Balt., Md., Code art. 28, § 10-4 (2026) Reserved ##### § 10-5 Newly constructed dwellings. Balt., Md., Code art. 28, § 10-5 (2026) (a) In this section, “newly constructed dwelling” and “owner”have the meanings stated in State Tax-Property Article § 9-304(d). (b) There is established a property tax credit, as authorized in State Tax-Property Article § 9-304(d), against the property tax imposed on newly constructed dwellings that are owned by qualifying owners. (c) The owner of a newly constructed dwelling may qualify for the tax credit authorized by this section by: (1) purchasing a newly constructed dwelling; (2) occupying that dwelling as his or her principal residence; (3) filing an application for the credit either: (i) within 90 days after settling on the purchase of the dwelling; or (ii) within 90 days after the owner first receives an assessment on the building; (4) for each taxable year for which the credit is sought, filing a state income tax return as a resident of Baltimore City; and (5) satisfying all other conditions imposed by the regulations of the Director of Finance. (d) A property tax credit granted under this section may not exceed the amount of property tax imposed on the real property, less the amount on any other credit applicable in that year, multiplied by: (1) 50% for the 1st taxable year in which the property qualifies for the tax credit; (2) 40% for the 2nd taxable year in which the property qualifies for the tax credit; (3) 30% for the 3rd taxable year in which the property qualifies for the tax credit; (4) 20% for the 4th taxable year in which the property qualifies for the tax credit; (5) 10% for the 5th taxable year in which the property qualifies for the tax credit; and (6) 0% for each taxable year thereafter. (e) (1) Subject to the approval of the Board of Estimates, and subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance shall adopt regulations to carry out the provisions of this section. (2) These regulations: (i) shall include procedures necessary and appropriate for the submission of an application for and the granting of a property tax credit under this section; and (ii) may include procedures for granting partial credits for eligibility for less than a full taxable year. (f) The estimated amount of all tax credits received by owners under this section in any fiscal year: (1) shall be reported by the Director of Finance of Baltimore City as a “tax expenditure” for that fiscal year; and (2) shall be included in the publication of the City’s budget for any subsequent fiscal year with the estimated or actual City property tax revenue for the applicable fiscal year. (g) (1) The Director of Finance shall develop by January 1, 1996, a method, which shall be approved by the Board of Estimates, for analysis of the public costs and benefits of the tax credits. (2) The method will include development of baseline data to include new residential construction, new housing tenure, and net migration trends in the City. (3) Measurement of the public costs and benefits of the tax credit will be made against baseline data and will include credit and administrative costs and estimates of benefits from property, income, and transfer tax revenues. (h) The Director of Finance shall report annually to the Board of Estimates and to the Mayor and City Council the results and findings of that analysis, including the steps taken and proposed to be taken to promote and otherwise further the use of the tax credit program. (i) (1) After June 30, 2019, additional owners of newly constructed dwellings may not be granted a credit under this section. (2) This subsection does not apply to an owner’s continuing receipt of a credit as allowed in subsection (d) with respect to a property for which a tax credit under this section was received for a taxable year ending on or before June 30, 2019. *History: Ord. 95-464* *History: Ord. 98-283* *History: Ord. 00-097* *History: Ord. 02-400* *History: Ord. 05-057* *History: Ord. 07-441* *History: Ord. 09-197* *History: Ord. 14-260* *History: Text Conformed 02/25/21* ##### § 10-6 Home improvements. Balt., Md., Code art. 28, § 10-6 (2026) (a) The definitions for “dwelling” and “homeowner” contained in State Tax-Property Article § 9-304(e) are incorporated into this section by this reference. (b) There is established a property tax credit, as authorized in State Tax-Property Article § 9-304(e), against the property tax imposed on the increased value of the dwelling that is due to improvements made to the property that is owned by qualifying owners. (c) (1) The tax credit granted under the provisions of this section shall be applied against the property tax on a dwelling that: (i) is owned by a homeowner; (ii) has been substantially improved since the last reassessment; and (iii) is reassessed at a higher value. (2) The property tax credit may not apply to the value of the improvements to the dwelling that exceed $100,000. (3) To receive the tax credit under this section, the homeowner shall have the burden of showing that the increase in assessment is due to the value of the improvements to the dwelling that were made since the last assessment of the dwelling. (d) (1) To continue eligibility for a tax credit under this section, a dwelling must remain in compliance with the City Property Maintenance Code. (2) If a dwelling owned by a person who has received a tax credit under this section is found to be in violation of the City Property Maintenance Code, the property owner is not eligible for any further tax credit under this section until the dwelling is determined again to be in compliance with that Code. (3) A dwelling that is again brought into compliance is eligible for a tax credit at the rate it would have been eligible before the violation of the Property Maintenance Code. (4) In addition to compliance with the Property Maintenance Code, the homeowner shall comply with all other parts of the City Building, Fire, and Related Codes Article, including their permit requirements for improvements. (e) The tax credit provided under this section shall equal the amount of property tax imposed on the increased value of the dwelling that is due to the improvements made to the property, multiplied by: (1) 100% for the 1st taxable year following the 1st reassessment after the improvements are made; (2) 80% for the 2nd taxable year following the 1st reassessment after the improvements are made; (3) 60% for the 3rd taxable year following the 1st reassessment after the improvements are made; (4) 40% for the 4th taxable year following the 1st reassessment after the improvements are made; (5) 20% for the 5th taxable year following the 1st reassessment after the improvements are made; and (6) 0% for each taxable year thereafter. (f) If a dwelling that is eligible for a tax credit under this section is transferred, the grantee is eligible for the balance of the property tax credits under this section in the same manner and under the same conditions as the grantor of the property. (g) The Director of Finance may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations necessary to implement the provisions of this section; (2) settle disputed claims that may arise in connection with the credit authorized by this section; and (3) delegate powers, duties, or functions in connection with the administration of the credit authorized by this section to the City Collector or any other employee of the City. *History: Ord. 94-446* *History: Ord. 02-475* *History: Ord. 07-552* *History: Ord. 15-427* *History: Text Conformed 02/25/21* ##### § 10-7 Neighborhood preservation and stabilization demonstration project. Balt., Md., Code art. 28, § 10-7 (2026) (a) “Project Area” means the neighborhood preservation and stabilization demonstration project area designated by the Mayor in accordance with State Tax-Property Article § 9-326 for participation in a demonstration project for neighborhood preservation and stabilization. (b) In accordance with § 9-326 of the State Tax-Property Article, a property tax credit is established against the property tax imposed on owner-occupied residential real property that is purchased on or after July 1, 1996, and on or before June 30, 2001, in the area designated as the neighborhood preservation and stabilization demonstration project area. (c) The tax credit granted under this section applies only if, for the 12-month period immediately prior to purchasing the property, the applicant’s principal residence was neither in the project area nor in the corresponding area of Baltimore County, unless the applicant was not an owner of the property that was the applicant’s principal residence. (d) To qualify for a tax credit under this section, an individual must apply for the credit: (1) within 6 months after title to the property was transferred to the individual; or (2) for property purchased before June 1, 1999, on or before December 1, 1999. (e) The property tax credit shall equal: (1) 40% of the property tax for each of the first 5 taxable years after the purchase of the real property; (2) 35% of the property tax for the 6th taxable year after the purchase of the real property; (3) 30% of the property tax for the 7th taxable year after the purchase of the real property; (4) 25% of the property tax for the 8th taxable year after the purchase of the real property; (5) 20% of the property tax for the 9th taxable year after the purchase of the real property; (6) 15% of the property tax for the 10th taxable year after the purchase of the real property; and (7) 0% of the property tax for each subsequent taxable year. (f) The property tax credit shall first apply to the taxable year beginning after the date of the purchase of the eligible real property. (g) On an annual basis, the Director of Finance shall provide to each individual qualifying for the tax credit under this section a statement certifying qualification for the tax credit and the amount of the tax credit being granted. The statement may be provided on or with the annual property tax bill or in another manner chosen by the Director of Finance. (h) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations to carry out the provisions of this section. (i) Any person who makes a false statement for the purpose of obtaining a tax credit under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months, or both. *History: Ord. 96-049* *History: Ord. 99-588* *History: Text Conformed 02/25/21* ##### § 10-8 Historic improvements, restorations, and rehabilitations. Balt., Md., Code art. 28, § 10-8 (2026) (a) (1) In this section, the following words have the meanings indicated. (2) “CHAP” means the Commission for Historical and Architectural Preservation or the Commission’s designee. (3) “Eligible improvements” means significant improvements to an historic property that have been approved by CHAP as meeting local preservation standards. (4) “Historic property” means a property: (i) individually listed on the National Register of Historic Places; (ii) individually listed on the City Landmark List; (iii) located within a National Register Historic or Landmark District and certified by CHAP as contributing to the historic significance of that district; (iv) located within a City Historical and Architectural Preservation District or within a Historical Conservation District and certified by CHAP as contributing to the historic significance of that district; or (v) included within the boundaries of a certified heritage area. (5) “Significant improvements” means improvements, restoration, or rehabilitation for which the total documented construction cost equals or exceeds 25% of a property’s full cash value before commencement of the improvements, restoration, or rehabilitation. (b) The goal of this program is to help preserve and revitalize Baltimore’s neighborhoods by encouraging home and business owners to make special efforts to restore or rehabilitate historic buildings. (c) In accordance with State Tax-Property Article § 9-204.1, a 10-year tax credit is granted against the City real property tax attributable to eligible improvements of historic properties. (d) The tax credit granted by this section applies only to eligible improvements that, before the improvements are begun, have been preliminarily approved by CHAP as meeting local historic preservation standards. (e) (1) The calculations specified in paragraphs (2) and (3) of this subsection are subject to: (i) the reduction required by paragraph (5) of this subsection; and (ii) the limitations imposed by subsections (f) and (f-2) of this section. (2) (i) For credits initially granted under this section before October 1, 2014, and for the duration of the credit, the credit is equal to the difference between: (A) the real property tax on the most recent full cash value of the property before the commencement of eligible improvements; and (B) the real property tax on the most recent full cash value of the property after completion of the eligible improvements. (ii) For purposes of this calculation, the full cash value of the property is the full cash value before phase in, as determined by the State Department of Assessments and Taxation through the assessment procedures established under Tax-Property Article, Title 8, of the Maryland Code. (3) (i) For credits initially granted under this section on or after October 1, 2014, and for the duration of the credit, the credit is equal to the difference between: (A) the real property tax on the full cash value of the property before the commencement of eligible improvements; and (B) the real property tax on the full cash value of the property after completion of the eligible improvements. (ii) For purposes of this calculation, the full cash value of the property shall be determined by an appraisal of the property before commencement and after completion of eligible improvements by a professional appraiser selected by the City and licensed under Business Occupations and Professions Article, Title 16, Subtitle 3, of the Maryland Code. (4) Notwithstanding paragraph (3) of this subsection, if a property received preliminary approval under subsection (d) of this section before October 1, 2014, the credit shall be calculated in accordance with paragraph (2) of this subsection. (5) The credit calculated under this subsection shall be reduced by the amount of the credit, if any, for which the property is eligible under the Maryland Enterprise Zone Tax Credit Program. (f) For development projects exceeding $5 million in documented construction costs, the tax credit is limited to the following percentages of the amount computed under subsection (e) of this section:

(1) in years 1 through 5

-

80%

(2) in year 6

-

70%

(3) in year 7

-

60%

(4) in year 8

-

50%

(5) in year 9

-

40%

(6) in year 10

-

30%.
(f-1) (1) This subsection applies only to development projects exceeding $3.5 million in documented construction costs, (2) For a project subject to this subsection to be eligible for any tax credit under this section: (i) the developer must: (A) submit all documents requested by the Finance Director; and (B) submit documentation reviewed by the developer with the State Department of Assessments and Taxation to support a preliminary estimate of value for tax purposes based on construction costs and projected income; and (ii) either: (A) the existing building in question must have been at least 75% vacant for at least 3 years; (B) the project is a high-performance market-rate rental housing project, as these terms are defined in § 10-18 (a)(2) {“Definitions: High-performance”} and (a)(3) {“Definitions: Market-rate rental housing project”} of this subtitle; or (C) the developer must otherwise demonstrate to the Finance Director that the credit is necessary in order for the project to proceed. (3) When a project subject to this subsection applies for the credit, the developer must submit a statement of projected economic impact and public benefits for the project. 3 years from the date an application is accepted, the developer must submit statements of actual economic impact and public benefits for the project. Public benefit measures include neighborhood revitalization impact, job creation, tax generation, and minority business development. (4) If a project subject to this subsection is located in a Maryland Enterprise Zone, the credit under this section may be taken only for those parts of the property that have been rejected as ineligible for the enterprise zone tax credit. (f-2) No part of any credit calculated under this section may be applied in any tax year: (1) to reduce the property’s tax liability for that tax year, after application of any other applicable credit, to less than the tax liability to which the property was subject, after application of any other applicable tax credit, before commencement of the eligible improvements; or (2) in any case in which the property’s tax liability for that tax year, after application of any other applicable credit, is less than the tax liability to which the property was subject, after application of any other applicable tax credit, before commencement of the eligible improvements. (g) A credit under this section: (1) is subject to eligibility requirements no less stringent than those applicable to credits authorized under Tax-Property Article § 9-204, of the Maryland Code; (2) is limited to a period of 10 consecutive tax years (or portion of a tax year), beginning with the first billing period that occurs after CHAP and the Finance Director have issued their final approvals; (3) is fully transferrable to a new owner for the remaining life of the credit; and (4) terminates if the property is converted so as to no longer meet established historic preservation standards. (h) During the credit period, the property owner shall: (1) maintain the major historic features of the property; (2) ensure that the property for which the credit was granted is in full compliance with the City Building, Fire, and Related Codes Article; and (3) submit all statements required by subsection (f-1)(3) of this section. (i) Except for the Maryland State Enterprise Zone Tax Credit Program, the credit authorized by this section does not apply to any property for which any other tax subsidy from the City, whether in the form of a tax credit, payment in lieu of taxes, or otherwise, is being received or has been applied for. (j) (1) A property owner seeking this credit shall: (i) file an application with CHAP; and (ii) pay the application fee set by the Board of Estimates. (2) The application shall contain the information, including identification of major historic features, that CHAP considers necessary for determining the eligibility of the applicant. (k) The Finance Director, after consultation with the Director of Planning, may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this section; (2) settle any disputed claims that may arise in connection with the credit authorized by this section; and (3) delegate his or her powers and duties to administer this section to any employee or agency of the City. (l) (1) CHAP, in coordination with the Department of Finance, shall establish review procedures for the credit program established by this section. (2) The Department of Finance shall analyze the data submitted under subsection (f)(3) of this section. (m) Applications for a credit under this section may not be accepted after December 31, 2027. (n) Any person who knowingly makes a false statement on or in connection with an application for a tax credit under this section or in connection with any report or statement supporting a property’s continued eligibility for a tax credit granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 95-668* *History: Ord. 97-183* *History: Ord. 99-416* *History: Ord. 00-103* *History: Ord. 02-475* *History: Ord. 06-184* *History: Ord. 07-439* *History: Ord. 07-552* *History: Ord. 09-140* *History: Ord. 14-194* *History: Ord. 14-288* *History: Ord. 15-427* *History: Ord. 16-454* *History: Ord. 16-503* *History: Ord. 20-414* *History: Text Conformed 02/25/21* *History: Ord. 21-105* *History: Ord. 23-192* *History: Ord. 23-253* *History: * *History: * ##### § 10-9 Newly constructed market-rate rental housing. Balt., Md., Code art. 28, § 10-9 (2026) (a) (1) In this section, the following words have the meanings indicated. (2) “Market-rate rental housing project” means a multifamily dwelling containing 5 or more units in which none of the units are subject to government restrictions on the amount of rent charged or the income level of the tenant. (3) “Newly constructed” means: (i) newly erected on a vacant lot; (ii) converted from non-residential use, provided the conversion/ construction costs exceed $60,000 per unit; or (iii) substantially rehabilitated, provided the structure was a dwelling identified by the Commissioner of Housing, through issuance of a “vacant house notice” or otherwise, as having been vacant and unfit for human habitation for a period of at least 1 year prior to issuance of a construction permit for the project, and provided the rehabilitation/construction costs exceed $60,000 per unit; for which, in each case, a first occupancy permit following construction is issued after January 1, 1996. (b) In accordance with the provisions of State Tax-Property Article § 9-304(f), there is established a tax credit against the Baltimore City real property tax imposed on newly constructed market-rate rental housing projects. (c) The amount of a property tax credit granted under this section shall be the amount of City real property tax imposed on a market-rate rental housing project, less the amount of any other credit applicable in that year, multiplied by: (1) 50% for the 1st taxable year in which the property qualifies for the tax credit; (2) 40% for the 2nd taxable year in which the property qualifies for the tax credit; (3) 30% for the 3rd taxable year in which the property qualifies for the tax credit; (4) 20% for the 4th taxable year in which the property qualifies for the tax credit; (5) 10% for the 5th taxable year in which the property qualifies for the tax credit; and (6) 0% for each taxable year thereafter. (d) A newly constructed market-rate rental housing project qualifies for a tax credit under this section when an occupancy permit is first issued for the project following construction. (e) A newly constructed market-rate rental housing project with an occupancy permit issued after June 30, 2001 shall not qualify for a tax credit under this section. (f) (1) The owner of a newly constructed market-rate rental housing project shall file an application for a tax credit under this section with the Director of Finance on or before September 1 of the 1st taxable year in which the property qualifies and shall file an application annually thereafter for each year in which the credit is sought. (2) The application shall contain all information that the Director of Finance considers necessary for determining the eligibility of the applicant. (g) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations to implement the provisions of this section. (h) (1) The Director of Finance shall analyze the public costs and benefits of the credits granted under this section and shall report annually the findings of the analysis to the Board of Estimates. (2) The method of analysis developed by the Director of Finance shall be approved by the Board of Estimates prior to its use. *History: Ord. 95-680* *History: Text Conformed 02/25/21* ##### § 10-10 Brownfields. Balt., Md., Code art. 28, § 10-10 (2026) (a) (1) In this section, the following words have the meanings indicated. (2) “Brownfields Incentive Fund” means the Brownfields Revitalization Incentive Fund established under Article 83A, § 3-904 of the Maryland Code. (2) “Brownfields Incentive Program” means the Brownfields Revitalization Incentive Program established under “Economic Development Article, § 5-335 of the Maryland Code”. (3) “Brownfields site” means a qualified Brownfields site, as defined in “Economic Development Article, § 5-301(i) of the Maryland Code”. (4) “Increased property tax liability” means the remaining property tax liability, after first applying all other property tax credits applicable to the site, attributable to the increase in the assessment of a Brownfields site, including improvements added to the site within the tax-credit period provided for in this section, over the assessment of the Brownfields site before its voluntary cleanup. (b) Pursuant to § 9-229 of the State Tax-Property Article, the City of Baltimore elects to participate in the Brownfields Incentive Program and to provide the tax credits authorized by this section. (c) The credit granted by this section applies in each of the taxable years immediately following the 1st revaluation of the Brownfields site after completion of a voluntary cleanup or corrective action plan, for a total of: (1) 5 taxable years; or (2) if the site is in a designated State Enterprise Zone, 10 taxable years. (d) The amount of the tax credit is 50% of the Brownfields site’s increased property tax liability. (e) An additional credit of 20% of a Brownfields site’s increased property tax liability shall be granted if the aggregate cost of the site’s purchase and the voluntary cleanup or corrective action plan efforts equals or exceeds $250,000. (f) For each year of the tax-credit period specified in subsection (c) of this section, the City shall contribute to the Brownfields Incentive Fund an amount equal to 30% of a Brownfields site’s increased property tax liability. (g) The credits provided for in subsections (d) and (e) of this section may be transferred to a purchaser of the property for the remaining term of the credit. (h) The tax credit granted under this section terminates if: (1) the recipient of the credit withdraws from the voluntary cleanup program under § 7-512(a) or (b) of the Environment Article; (2) the Department of the Environment withdraws approval of a response action plan or a certificate of completion under § 7-512(e) and (f) of the Environment Article; or (3) the recipient of the credit otherwise ceases to qualify for the credit under this section or the rules and regulations adopted under this section. (i) (1) An application for a tax credit under this section must be filed in the 1st taxable year in which the property qualifies. (2) The application must be made on the form and contain the information that the Director of Finance specifies. (3) Before a credit may be granted, the applicant must provide satisfactory evidence of: (i) completion of a voluntary cleanup or corrective action plan approved by the State Department of the Environment; and (ii) for the additional credit provided under subsection (e) of this section, the cost of the site’s purchase and of the voluntary cleanup or corrective action plan. (j) The Director of Finance may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out the provisions of this section; (2) settle any disputed claims arising in connection with the credit authorized by this section; and (3) delegate his or her powers and duties to administer this section to any employee or agency of the City. *History: Ord. 98-248* *History: Text Conformed 02/25/21* ##### § 10-11 South Baltimore Little League. Balt., Md., Code art. 28, § 10-11 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations to carry out this section. (b) (1) A tax credit is granted against the City property tax imposed on the property located at 1101 E. Fort Avenue. (2) The tax credit applies only as long as the property is owned by the South Baltimore Little League and used by the League for amateur sports. (3) The amount of the tax credit equals 100% of the City property tax imposed on the property. *History: Ord. 98-282* *History: Text Conformed 02/25/21* ##### § 10-12 Northwest Family Sport Center. Balt., Md., Code art. 28, § 10-12 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations to carry out this section. (b) (1) A tax credit is granted against the City property tax imposed on the personal property owned by the Northwest Family Sport Center, Inc. (2) The amount of the tax credit equals 100% of the City property tax imposed on the Center’s personal property. *History: Ord. 98-284* *History: Text Conformed 02/25/21* ##### § 10-13 Telecommunications renovations. Balt., Md., Code art. 28, § 10-13 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Eligible area” means any area that is eligible for designation as an eligible neighborhood under Article 83B, §§ 4-201 through 4-208 of the Maryland Code. (3) “Qualifying renovations” means infrastructure renovations to accommodate advanced computer and telecommunications systems, including the installation of fiber-optic cable, emergency electrical capacity, emergency back-up power, fiber-optic risers, internal/external network cabling, information outlets, and other specialized equipment. (4) “State-of-the-art communications and utility standards” means the communication and utility standards published by the Electrical Industry Association and the Telecommunications Industry Association as EIA/TIA Standard 568, generally referred to as “Class 5” Installations. (b) A real property tax credit is granted against the City property tax imposed on a commercial (including commercial-residential) building: (1) that is in an eligible area; and (2) to which qualifying renovations have been made to meet state-of-the-art communications and utility standards. (c) The tax credit granted under this section for any 1 taxable year shall equal 7.5% of the cost of qualifying renovations, subject to a maximum cumulative credit of $750,000 for the 10-year credit period. The credit shall be applied only to that part of the taxes due that exceed the tax calculated on the fully phased-in pre-improvement value of the property. (d) (1) A tax credit may be granted under this section only for 10 years or until the maximum credit amount of $750,000 is reached, whichever is first. (2) The 10-year credit period begins after: (i) the qualifying renovations have been completed; (ii) the Building Official gives final approval to the project; and (iii) the State Department of Assessments and Taxation completes an assessment review. (3) The credit will be first applied to the tax bill generated after the State Department of Assessments and Taxation has issued a revised assessment notice on a part- or full-year basis. (e) The credit authorized by this section does not apply to any property for which any other tax subsidy from the City, whether in the form of a tax credit, payment in lieu of taxes, or otherwise, is being received or has been applied for. (f) (1) The person responsible for paying property taxes should file an initial application for the credit concurrently with the application for building permits for the renovation work. In no event, however, may any application for a credit be accepted after a building permit is issued. The application shall estimate the costs of the proposed qualifying renovations, separately from all other costs. (2) Before renovations begin, the applicant must file renovation plans with the City Building Official and obtain preliminary approval that the plans meet state-of-the-art communication and utility standards. (3) During construction and on completion of the renovations, the applicant must obtain certification from the Building Official that the renovations conform to the approved plans. (4) On completion of the renovations, the applicant must provide documented evidence of the costs of the qualifying renovations. (g) The use of the credit in any year is conditioned on the taxpayer’s: (1) maintaining the property in compliance with all City housing, building, health, fire, and other applicable City Code requirements; and (2) remaining current on all payments due to the City. (h) (1) The Director of Finance may: (i) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this section; (ii) settle disputed claims that may arise in connection with the credit authorized by this section; and (iii) delegate powers, duties, or functions in connection with the administration of this credit to the City Collector or any other City employee. (2) The Director of Finance shall report the estimated cost of all tax credits granted under this section in any fiscal year as a tax expenditure for that fiscal year and shall include that cost in the Ordinance of Estimates for that fiscal year. *History: Ord. 98-350* *History: Ord. 02-475* *History: Text Conformed 02/25/21* ##### § 10-14 Arts and entertainment districts. Balt., Md., Code art. 28, § 10-14 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Arts and entertainment district” has the meaning stated in State Economic Development Article, § 4-701. (3) “Arts and entertainment enterprise” has the meaning stated in State Economic Development Article, § 4-701. (4) “Director” means the Director of Finance or designee. (5) “Eligible assessment” means the phased-in value, as applied by the State Department of Assessments and Taxation in the 1st, 2nd, or 3rd year in a 3-year cycle under State Tax-Property Article § 8-103, attributable to the qualifying renovations, as determined by the State Department of Assessments and Taxation. (6) “Qualifying renovations” means renovations that are made: (1) to a manufacturing, commercial, or industrial building located in a State-designated arts and entertainment district; and (2) for use by a qualifying residing artist or an arts and entertainment enterprise. (7) “Qualifying residing artist” has the meaning stated in State Economic Development Article, § 4-701. (b) (1) In accordance with State Tax-Property Article § 9-240, a real property tax credit is granted against the City property tax imposed on a manufacturing, commercial, or industrial building that: (i) is located in a State-designated arts and entertainment district; and (ii) is wholly or partially renovated for use by a qualifying residing artist or an arts and entertainment enterprise. (2) The credit is prorated to reflect the proportion of the building used by a qualifying residing artist or an arts and entertainment enterprise. (c) A tax credit may be taken under this section for up to 10 years, as provided in subsection (d) of this section, subject to compliance with the continuing eligibility requirements of subsection (j) of this section. (d) (1) Except for properties eligible for a Maryland Enterprise Zone Tax Credit, the amount of the credit granted under this section is the amount of property tax imposed on the eligible assessment of the property, multiplied by: (i) 80% for the first 5 taxable years; (ii) 70% for the 6th taxable year; (iii) 60% for the 7th taxable year; (iv) 50% for the 8th taxable year; (v) 40% for the 9th taxable year; (vi) 30% for the 10th taxable year; and (vii) 0% for each subsequent taxable year. (2) For properties eligible for a Maryland Enterprise Zone Tax Credit, the amount of the credit granted under this section is the amount of property tax imposed on the eligible assessment of the property, multiplied by: (i) 20% for the first 5 taxable years; (ii) 30% for the 6th taxable year; (iii) 40% for the 7th taxable year; (iv) 50% for the 8th taxable year; (v) 60% for the 9th taxable year; (vi) 70% for the 10th taxable year; and (vii) 0% for each subsequent taxable year. (e) The credit period begins after the first reassessment of the property by the State after the completion of qualifying renovations. The credit will first be applied to the tax bill generated after the State has issued a revised assessment notice, on a part- or full-year basis. (f) Improvements made before July 1, 2002, do not qualify for a tax credit under this section. (g) The tax credit granted by this section may be transferred to a purchaser of the property for the remaining term of the credit, subject to compliance with the continuing eligibility requirements of subsection (j) of this section. (h) The property owner must apply to the Director for a tax credit under this section within 90 days of receipt of an assessment notice reflecting the eligible assessment. (i) The credit granted under this section does not apply to any property for which any other tax subsidy from the City, other than a Maryland Enterprise Zone Tax Credit, is being received or has been applied for, whether in the form of a tax credit, payment in lieu of taxes, or otherwise. (j) The use of the credit in any year is conditioned on: (1) the property’s compliance with all City housing, building, health, fire, and other applicable code requirements; (2) the taxpayer’s remaining current on all payments due to the City; (3) the continued use of the property or eligible portion of the property by a qualifying residing artist or an arts and entertainment enterprise; and (4) the taxpayer’s providing to the Director an annual certification of that continued use. (k) The Director may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to implement the provisions of this section; (2) settle disputed claims that may arise in connection with the credit authorized by this section; and (3) delegate powers, duties, or functions in connection with the administration of the credit authorized by this section to any employee of the City. *History: Ord. 02-462* *History: Ord. 16-534* *History: Text Conformed 02/25/21* ##### § 10-15 “Fallen Heroes”. Balt., Md., Code art. 28, § 10-15 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Director” means the Director of Finance or designee. (3) (i) “Dwelling” means real property that is occupied by not more than 2 families. (ii) “Dwelling” includes the lot or curtilage and structures necessary to use the real property as a residence. (4) (i) “Fallen hero” means, except as specified in subparagraph (ii) of this paragraph, any individual who dies: 1. as a result of or in the course of employment as a Baltimore City law enforcement officer; or 2. while in the active service of a Baltimore City fire, rescue, or emergency-medical service. (ii) “Fallen hero” does not include any individual whose death was the result of his or her willful misconduct or his or her abuse of alcohol or drugs. (b) A real property tax credit is granted against the City property tax imposed on a dwelling if: (1) the dwelling is owned by the surviving spouse of a fallen hero; (2) the dwelling is the surviving spouse’s legal residence; (3) the surviving spouse has not remarried; and (4) either: (i) the dwelling was owned by the fallen hero at the time of his or her death; (ii) the fallen hero or the surviving spouse was domiciled in the State at the time the fallen hero died and the dwelling was acquired by the surviving spouse within 2 years of the death; or (iii) the dwelling was acquired after the surviving spouse qualified for a credit under item (4)(i) or (ii) of this subsection for a former dwelling, to the extent of the previous credit. (c) The credit granted under this section continues from year to year, without further application by the surviving spouse. (d) The amount of the credit granted under this section is 100% of the City property tax imposed on the dwelling. (e) The Director may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this section; (2) settle disputed claims that arise in connection with the credit granted by this section; and (3) delegate powers, duties, or functions in connection with the administration of the credit to any employee of the City. *History: Ord. 04-664* *History: Text Conformed 02/25/21* ##### § 10-16 Targeted Homeowner’s Tax Credit. Balt., Md., Code art. 28, § 10-16 (2026) (a) In accordance with State Tax-Property Article § 9-221, a Targeted Homeowner’s Tax Credit is granted against the City property tax imposed on owner-occupied property that has qualified for the Homestead Tax Credit under State Property-Tax Article § 9-105. (b) (1) The credit is calculated by multiplying credit rate by the assessed value of the improved portion of the property. (2) The credit shall be granted annually on the initial July tax bill. No partial year credits may be granted. (3) A homeowner is entitled to the credit granted under this section regardless of the amount of the Homestead Tax Credit to which the homeowner is entitled. (c) (1) The rate of the credit for each tax year shall be set by the Board of Estimates on or before the date on which the Board of Estimates states the rate for the levy of full rate property taxes in that tax year. (2) A property tax credit granted under this section, when combined with other tax credits, may not exceed the amount of property tax imposed on the property. (d) (1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance shall adopt rules and regulations necessary or appropriate to carry out the provisions of this section. (2) The Director of Finance may: (i) settle disputed claims that arise in connection with the credit authorized by this section; and (ii) delegate his or her powers or duties to administer this section to any agency or employee of the City. *History: Ord. 12-009* *History: Text Conformed 02/25/21* ##### § 10-17 High-performance market-rate rental housing – Targeted areas. Balt., Md., Code art. 28, § 10-17 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “High-performance” means a high performance building as defined in State Tax-Property Article § 9-242. (3) “Market-rate rental housing project” means a multi-family dwelling: (i) that contains 50 or more rental units; and (ii) in which dwelling, except to the extent specifically required by City Code Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}, none of the rental units are subject to governmental restrictions on the amount of rent charged or on the tenant’s income level. (4) “Newly constructed or converted” means a high-performance market-rate rental housing project that: (i) was either: (A) newly constructed on a vacant lot, cleared site, or parking lot; or (B) converted from a non-residential use; and (ii) for which: (A) the cost of the construction or conversion exceeds $60,000 per rental unit; and (B) a first occupancy permit following the construction or conversion is issued after January 1, 2013. (b) The goal of this program is to help grow Baltimore’s residential population in an environmentally sensitive manner, by encouraging the construction or conversion of new high-performance market-rate rental housing projects. (c) In accordance with State Tax-Property Article § 9-242, a High-Performance Market-Rate Rental Housing Tax Credit is granted against the City property tax imposed on eligible newly constructed or converted high-performance market-rate rental housing projects. (d) (1) The amount of the credit shall equal a percentage, as specified in paragraph (2) of this subsection, of 1 or another of the following: (i) if the property is still in the assessment cycle of the first assessment of the completed project following the issuance of an occupancy permit, the difference between the property tax liability that, but for the tax credit, is owed in the current year of the assessment cycle, and the total property tax liability on the assessed value of the property prior to the commencement of the project; or (ii) if the property is no longer in the assessment cycle of the first assessment of the completed project following the issuance of an occupancy permit, the difference between the property tax liability that, but for the tax credit, was owed in the final year of that assessment cycle, and the total property tax liability on the assessed value of the property prior to the commencement of the project. (2) The credit is limited to the following percentages of the amount computed under paragraph (1) of this subsection:

(i) in years 1 and 2

100%

(ii) in years 3, 4, and 5

80%

(iii) in year 6

70%

(iv) in year 7

60%

(v) in years 8, 9, and 10

50%

(vi) in year 11

40%

(vii) in year 12

30%

(viii) in years 13, 14, and 15

20%
(3) In no event, however, may the tax credit granted under this section, alone or combined with the State Enterprise Zone Tax Credit, exceed the amount of the property tax imposed on the property. (e) The property tax credit granted under this section applies only to eligible improvements that are located within the following areas: (1) Downtown Area, within the area that is common to both the Downtown Management Authority District and the Maryland Enterprise Zone; (2) Reservoir Hill Area, within Census Tract 130100, Census Blocks 2001 and 3000; (3) Jonestown Area, within Census Tract 030200, Census Blocks 1000-1002 and 1014-1016; (4) W. Cold Spring Lane Area, within Census Tract 130806, Census Blocks 1002-1004 and 1006; (5) Poppleton Area, within: (i) Census Tract 180100, Census Blocks 1016, 2015-2017, and 2021; and (ii) Census Tract 180300, Census Blocks 1001-1002 and 1004-1006; (6) York Road Area, within: (i) Census Tract 271002, Census Blocks 2003, 2006, 3002-3003, 3007, 3011, 4001, 4004-4005, 5002, and 5005-5006; and (ii) Census Tract 271101, Census Blocks 1000, 1005, 3000, 3005-3006, 3009-3010, 3017-3018; (7) Bel Air Road Area, within: (i) Census Tract 260101, Census Blocks 1000-1003, 1005-1009, 1011-1012, 1015, 1017, 4002, 5002, 5010-5011, 5017-5018, and 5021; (ii) Census Tract 260102, Census Blocks 4000-4002, 5000, 5002, and 5005- 5008; (iii) Census Tract 270401, Census Blocks 1015-1018, 1026-1028, 1031-1034, 2012, 3002, 3004-3005, and 3010-3013; and (8) Station North Area, within: (i) Census Tract 110200, Census Block 1000; (ii) Census Tract 120400, Census Block 1010; (iii) Census Tract 120500, Census Blocks 1001-1005, 1010-1012, 1017-1027, 1030-1031, 2016-2017, 2022, 2024-2025; (iv) Census Tract 120600, Census Blocks 3012-3022; and (v) Census Tract 120700, Census Blocks 3026-3027. (f) A property tax credit granted under this section shall: (1) be subject to eligibility requirements no less stringent than those applicable to credits authorized under State Tax-Property Article § 9-242; (2) be for a period of 15 years for each property, starting with the first assessment after issuance of an occupancy permit for the completed project; (3) be fully transferrable to a new owner for the remaining life of the credit; and (4) terminate if, during the credit period, the project: (i) fails to maintain its high-performance rating; or (ii) no longer qualifies as a market-rate rental housing project, as defined in this section. (g) (1) The property owner shall ensure that, during the credit period, the project for which the credit was granted is: (i) in full compliance with the City Building, Fire, and Related Codes Article; (ii) maintains its high-performance rating; and (iii) continues to be used for market-rate rental housing. (2) At the time of application for the credit, the property owner must submit a statement of projected economic impact and public benefits for the project. 3 years from the date an application is accepted, the owner must submit statements of actual economic impact and public benefits for the project. Public benefit measures include neighborhood revitalization impact, job creation, tax generation, and minority business development. (h) Except for the Maryland State Enterprise Zone Tax Credit Program, the tax credit authorized by this section does not apply to any property for which any other tax subsidy from the City, whether in the form of a tax credit, payment in lieu of taxes, tax incremental financing, or otherwise, is being received or has been applied for. (i) (1) The owner shall submit the application for the tax credit to the Finance Department, with a copy to the Office of Sustainability, and pay the application fee set by the Board of Estimates. (2) If the property is transferred at any time, the new owner shall file an application to continue the credit. (j) The Director of Finance may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out the provisions of this section, including procedures for granting partial credits for eligibility for less than a full taxable year; (2) settle disputed claims arising in connection with the credit authorized by this section; and (3) delegate powers, duties, or functions in connection with the administration of the credit authorized by this section to any employee or agency of the City. (k) (1) The Department of Finance shall establish review procedures for the program. (2) The Department of Finance shall analyze data submitted under subsection (f)(2) of this section. (l) Applications for the credit may not be accepted after December 31, 2017. *History: Ord. 13-112* *History: Ord. 13-175* *History: Ord. 14-278* *History: Ord. 15-427* *History: Ord. 16-554* *History: Ord. 17-068* *History: Text Conformed 02/25/21* ##### § 10-18 High-performance market-rate rental housing – Citywide. Balt., Md., Code art. 28, § 10-18 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “High-performance” means a high performance building as defined in State Tax-Property Article § 9-242. (3) “Market-rate rental housing project” means a multi-family dwelling: (i) that contains 10 or more rental units; and (ii) in which dwelling, except to the extent specifically required by City Code Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}, none of the rental units are subject to governmental restrictions on the amount of rent charged or on the tenant’s income level. (4) “Newly constructed or converted” means a high-performance market-rate rental housing project: (i) that is either: (A) newly constructed on a vacant lot, cleared site, or parking lot; (B) converted from a non-residential use; or (C) a wholly renovated structure; and (ii) for which: (A) the cost of the construction or conversion exceeds $60,000 per rental unit; and (B) a first occupancy permit following substantial completion of the construction or conversion is issued after January 1, 2014, and on or before June 30, 2029. (b) The goal of this program is to help grow Baltimore’s residential population in an environmentally sensitive manner, by encouraging the construction or conversion of new high-performance market-rate rental housing projects. (c) In accordance with State Tax-Property Article § 9-242, a High-Performance Market-Rate Rental Housing Tax Credit is granted against the City property tax imposed on eligible newly constructed or converted high-performance market-rate rental housing projects. (d) (1) The amount of the credit shall equal a percentage, as specified in paragraph (2) of this subsection, of 1 or another of the following: (i) if the property is still in the assessment cycle of the first assessment of the completed project following the issuance of an occupancy permit, the difference between the property tax liability that, but for the tax credit, is owed in the current year of the assessment cycle, and the total property tax liability on the assessed value of the property prior to the commencement of the project; or (ii) if the property is no longer in the assessment cycle of the first assessment of the completed project following the issuance of an occupancy permit, the difference between the property tax liability that, but for the tax credit, was owed in the final year of that assessment cycle, and the total property tax liability on the assessed value of the property prior to the commencement of the project. (2) The credit is limited to the following percentages of the amount computed under paragraph (1) of this subsection:

(i) in years 1 through 5

80%

(ii) in year 6

70%

(iii) in year 7

60%

(iv) in year

50%

(v) in year 9

40%

(vi) in year 10

30%

(vii) in years 11 and after

0%
(3) In no event, however, may the tax credit granted under this section, alone or combined with the State Enterprise Zone Tax Credit, exceed the amount of the property tax imposed on the property. (e) The tax credit granted under this section does not apply to: (1) any project that involves improvements eligible for a tax credit under § 10-8 {“Historic restorations and rehabilitations”} of this subtitle; or (2) any project that involves modifications to or affecting a property listed individually on the National Register of Historic Places or located within a National Register Historic District, if the City’s Commission for Historical and Architectural Preservation determines that the modifications are incompatible with local historic preservation standards. (f) A property tax credit granted under this section shall: (1) be subject to eligibility requirements no less stringent than those applicable to credits authorized under State Tax-Property Article § 9-242; (2) be for a period of 10 years for each property, starting with the first assessment after issuance of an occupancy permit for the completed project; (3) be fully transferrable to a new owner for the remaining life of the credit; and (4) terminate if, during the credit period, the project: (i) fails to maintain its high-performance rating; or (ii) no longer qualifies as a market-rate rental housing project, as defined in this section. (g) (1) The property owner shall ensure that, during the credit period, the project for which the credit was granted is: (i) in full compliance with the City Building, Fire, and Related Codes Article; (ii) maintains its high-performance rating; and (iii) continues to be used for market-rate rental housing. (2) At the time of application for the credit, the property owner must submit a statement of projected economic impact and public benefits for the project. 3 years from the date an application is accepted, the owner must submit statements of actual economic impact and public benefits for the project. Public benefit measures include neighborhood revitalization impact, job creation, tax generation, and minority business development. (h) Except for the Maryland State Enterprise Zone Tax Credit Program and the High-Performance Inclusionary Housing Tax Credit, the tax credit authorized by this section does not apply to any property for which any other tax subsidy from the City, whether in the form of a tax credit, payment in lieu of taxes, tax incremental financing, or otherwise, is being received or has been applied for. (i) (1) The owner shall submit the application for the tax credit to the Finance Department, with a copy to the Office of Sustainability, and pay the application fee set by the Board of Estimates. (2) If the property is transferred at any time, the new owner shall file an application to continue the credit. (j) (1) The Department of Finance shall establish general review procedures for the program. (2) The Commission for Historical and Architectural Preservation, in coordination with the Department of Finance, shall establish specific procedures for determining whether the criteria of subsection (e) of this section apply to a project so as to render it ineligible for the credit authorized by this section. (3) The Department of Finance shall analyze data submitted under subsection (f)(2) of this section. (k) The Director of Finance may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out the provisions of this section, including procedures for granting partial credits for eligibility for less than a full taxable year; (2) settle disputed claims arising in connection with the credit authorized by this section; and (3) delegate powers, duties, or functions in connection with the administration of the credit authorized by this section to any employee or agency of the City. (l) Applications for the credit may not be accepted after December 31, 2027. *History: Ord. 14-278* *History: Ord. 15-427* *History: Ord. 16-554* *History: Ord. 17-022* *History: Ord. 17-068* *History: 19-331* *History: Text Conformed 02/25/21* *History: Ord. 21-104* *History: * ##### § 10-18.1 High-performance newly constructed dwellings. Balt., Md., Code art. 28, § 10-18.1 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “High-performance” means meeting the performance standards set forth in State Tax-Property Article § 9-242(a) {“‘High performance building’ defined”}. (3) (i) “Newly constructed dwelling” means residential real property: (A) that has not been previously occupied since its construction; and (B) for which the building permit for construction was issued on or after October 1, 1994. (ii) “Newly constructed dwelling” includes a vacant dwelling that: (A) has been rehabilitated in compliance with applicable local laws and regulations; and (B) has not been previously occupied since the rehabilitation. (4) “Owner” has the meaning stated in State Tax-Property Article § 9-304(d) {“Newly constructed dwellings”}. (5) “Vacant dwelling” means residential real property that: (i) contains no more than 4 dwelling units as defined in § 202.2 of the Baltimore City Building Code; and (ii) either: (A) had been cited with a vacant building notice that remained unabated until the rehabilitation described in paragraph (3)(ii)(A); or (B) has been owned by the Mayor and City Council of Baltimore City for 1 year and is in need of substantial repair to comply with applicable City codes. (b) There is established a property tax credit, as authorized in State Tax-Property Article § 9-242, against the property tax imposed on high-performance newly constructed dwellings that are owned by qualifying owners. (c) The owner of a high-performance newly constructed dwelling may qualify for the tax credit authorized by this section by: (1) purchasing a high-performance newly constructed dwelling; (2) occupying that dwelling as his or her principal residence; (3) filing an application for the credit within 90 days after settling on the purchase of the dwelling; (4) for each taxable year for which the credit is sought, filing a state income tax return as a resident of Baltimore City; (5) satisfying all other conditions imposed by the regulations of the Director of Finance; and (6) not currently receiving the credit authorized by § 10-5 of this subtitle {“Newly constructed dwellings”}. (d) A property tax credit granted under this section shall equal the amount of City property tax imposed on the real property, less the amount of any other credit applicable in that year, multiplied by: (1) 50% for the 1st full taxable year in which the property qualifies for the tax credit; (2) 40% for then 2nd full taxable year in which the property qualifies for the tax credit; (3) 30% for the 3rd full taxable year in which the property qualifies for the tax credit; (4) 20% for the 4th full taxable year in which the property qualifies for the tax credit; (5) 10% for the 5th full taxable year in which the property qualifies for the tax credit; and (6) 0% for each taxable year thereafter. (e) (1) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance shall adopt rules and regulations to carry out the provisions of this section. (2) These regulations shall include procedures necessary and appropriate for the submission of an application for and the granting of a property tax credit under this section. (f) The estimated amount of all tax credits received by owners under this section in any fiscal year: (1) shall be reported by the Director of Finance of Baltimore City as a “tax expenditure” for that fiscal year; and (2) shall be included in the publication of the City’s budget for any subsequent fiscal year with the estimated or actual City property tax revenue for the applicable fiscal year. (g) The Director of Finance shall report annually to the Board of Estimates and to the Mayor and City Council any results and findings of any analysis of the tax credit, including the steps taken and proposed to be taken to promote and otherwise further the use of the tax credit program. (h) Notwithstanding any other provision of this section, additional owners whose settlement on the purchase of a high-performance newly constructed dwelling occurs after June 30, 2027, may not apply for a credit under this section. *History: Ord. 19-290* *History: Ord. 19-317* *History: Ord. 19-332* *History: Text Conformed 02/25/21* *History: Ord. 21-027* *History: Ord. 21-106* ##### § 10-18.2 High-performance inclusionary housing tax credit. Balt., Md., Code art. 28, § 10-18.2 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Affordable unit” means a dwelling unit that is required by City Code Article 13, Subtitle 2B {“Inclusionary Housing Requirements”} to be provided to a family earning an income that is either: (i) low income; (ii) moderate income; (iii) very low income; or (iv) extremely low income. (3) “AMI” means the area median income for the metropolitan region that encompasses Baltimore City, as published and annually updated by the United States Department of Housing and Urban Development. (4) “Extremely low income” means a household income below 30% AMI. (5) “High-performance” means a high-performance building as defined in State Tax-Property Article § 9-242 {“High performance buildings”}. (6) “Low income” means a household income at or below 60% AMI. (7) “Market-rate rental housing project” means a multi-family dwelling: (i) that contains 20 or more rental units; and (ii) in which none of the rental units are subject to governmental restrictions on the amount of rent charged or on the tenant’s income level, except to the extent specifically required by City Code Article 13, Subtitle 2B {“Inclusionary Housing Requirements”}. (8) “Moderate income” means a household income at or below 80% AMI. (9) “Newly constructed or converted” means a high-performance market-rate rental housing project: (i) that is either: (A) newly constructed on a vacant lot, cleared site, or parking lot; (B) converted from a non-residential use; or (C) a wholly renovated structure; and (ii) for which: (A) the cost of the construction or conversion exceeds $60,000 per rental unit; and (B) a 1st occupancy permit following substantial completion of the construction or conversion is issued after January 1, 2024. (10) “Very low income” means a household income at or below 50% AMI. (b) The goal of this program is to facilitate those inclusionary housing requirements established under Article 13, Subtitle 2B {“Inclusionary Housing Requirements”} of the City Code. (c) (1) (i) In accordance with State Tax - Property Article § 9-242 {“High performance buildings”}, a High-Performance Inclusionary Housing Tax Credit is granted against the City property tax imposed on eligible newly constructed or converted high-performance market-rate rental housing projects that provide affordable units as required by Article 13, Subtitle 2B {“Inclusionary Housing Requirements”} of the City Code. (ii) The tax credit described in subparagraph (i) of this paragraph shall be equal to the actual amount of the difference between the market rate rent and the rental rate for each affordable unit in the months in which that affordable unit was rented. (2) The tax credit detailed in paragraph (1) of this subsection commences with the first full year tax bill issued for the property after the Department of Finance has received a complete application for the tax credit and documentation of the actual rent charged in the prior year for the completed project. (3) (i) The accounting year for the calculation of the difference between the market rate rent and the rent for each affordable unit is January 1 to December 31 of each calendar year. (ii) All accounting required under this subtitle shall be submitted to the Department of Finance by January 15 following the termination of the previous accounting year. (d) The amount of the tax credit described under subsection (c)(1) of this section shall be deducted from the next July property tax bill after verification by the Department of Finance. (e) (1) The tax credit granted under this section may not, alone or combined with any other credit, exceed the amount of the property tax imposed on the property in any tax year. (2) The tax credit granted under this section only applies to the required units outlined in City Code Article 13, Subtitle 2B. (f) (1) To receive the tax credit, the owner of the high-performance market-rate rental housing project must: (i) apply to the Department of Finance for the credit in the form and format required under paragraph (2) of this subsection; (ii) provide the Department of Finance an accounting of how many rental units are set aside as affordable units; (iii) demonstrate to the Department of Finance compliance with Article 13, Subtitle 2B {“Inclusionary Housing Requirements”} of the City Code; and (iv) demonstrate to the Department of Finance the difference between the market rent that would have been charged for a market rate rental unit and the rent charged for an affordable unit. (2) (i) The owner shall: (A) submit the application for the tax credit to the Department of Finance in the form and format required by the Department of Finance; and (B) pay the application fee as set by the Board of Estimates. (ii) If the property is transferred at any time, the new owner shall file an application to continue the credit in the form required by the Department of Finance. (g) The tax credit granted under this section does not apply to any project that proposes more than 20% of its units be set aside for renters earning 60% of AMI or below. (h) A tax credit granted under this section shall: (1) be subject to eligibility requirements no less stringent than those applicable to credits authorized under State Tax – Property Article § 9-242 {“High performance buildings”}; (2) before a period of 30 years for each property, starting with the first full year tax bill issued for the property after the Department of Finance has received a complete application for the tax credit and documentation of the actual rent charged in the prior year for the completed project (3) be fully transferrable to a new owner for the remaining credit period; and (4) terminate if, during the credit period, the project: (i) fails to maintain its high-performance rating; or (ii) fails to provide the affordable units required by Article 13, Subtitle 2B {“Inclusionary Housing Requirements”} of the City Code. (i) The property owner shall ensure that, during the credit period, the project for which the credit was granted is: (1) in full compliance with the City Building, Fire, and Related Codes Article; (2) maintains its high-performance rating; and (3) continues to provide affordable units as required by Article 13, Subtitle 2B {“Inclusionary Housing Requirements”} of the City Code. (j) The tax credit authorized by this section may apply to any property for which any other tax subsidy from the City is being received or has been applied for, whether: (1) in the form of a tax credit, (2) in the form of a payment in lieu of taxes agreement; or (3) in form of tax increment financing. (k) The Director of Finance may: (1) subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out the provisions of this section; (2) settle disputed claims arising in connection with the credit authorized by this section; and (3) delegate powers, duties, or functions in connection with the administration of the credit authorized by this section to any employee or agency of the City. (l) (1) Each fiscal year, the estimated amount of all tax credits received by property owners under this section: (i) shall be reported by the Director of Finance as a tax expenditure; and (ii) shall be included by the Department of Finance in the City’s budget publications for any subsequent fiscal year with the estimated or actual City property tax revenue. (2) On or before July 1 of each year, the Director of Finance shall submit a report that includes an analysis of the tax credit and its findings to the: (i) Board of Estimates; (ii) Mayor; and (iii) City Council. (3) Every 2 years the Department of Finance and the Department of Housing and Community Development shall conduct a study and submit a report to the Board of Estimates, Mayor, and City Council that: (i) evaluates the impact of the tax credit established by this section; (ii) states a conclusion about whether the program goal established in subsection (b) of this section is being met; and (iii) makes recommendations to modify this section to better meet the program goal. (m) Termination of program. The Department of Finance may accept applications for the credit for a period of time that is concurrent with the term of the inclusionary housing requirements established by Article 13, Subtitle 2B {“Inclusionary Housing Requirements”} of the City Code. *History: * ##### § 10-19 Urban agricultural property. Balt., Md., Code art. 28, § 10-19 (2026) (a) (1) In this section, the following words have the meanings indicated. (2) “Sustainability Office” means the Baltimore City Office of Sustainability, established by City Code Article 1, Subtitle 34. (3) “Urban agricultural property” has the meaning stated in State Tax-Property Article, § 9-253. (4) “Urban agricultural purposes” has the meaning stated in State Tax-Property Article, § 9-253. (5) “Value” means the amount equal to: (i) the gross income that is actually received from sales of plants, plant products, animals, or animal products produced on site; or (ii) for plants, plant products, animals, or animal products that are distributed free or at less than applicable market prices, the gross income that could reasonably be assumed to be received from their sale at market prices. (b) In accordance with State Tax-Property Article § 9-253, a tax credit is granted against the City property tax imposed on qualified urban agricultural properties. (c) (1) To qualify for the credit granted by this section, a parcel of land: (i) must be an urban agricultural property that is being used for urban agricultural purposes; (ii) may not be used for any other purpose that would subject the parcel to property tax liability; (iii) must be maintained in full compliance with the City Building, Fire, and Related Codes Article; and (iv) unless a waiver is granted under paragraph (3) of this subsection, must produce and either sell or otherwise distribute each tax year plants, plant products, animals, or animal products with an aggregate value of $5,000 or more. (2) The Sustainability Office may require an owner to verify values by providing copies of sales receipts or invoices and, if relevant, evidence of current market rates. (3) (i) The Sustainability Office may grant a waiver to the value requirement if, in the tax year for which the credit is being sought, the agricultural use of the property: (A) is newly established; or (B) has suffered an unexpected disaster, such as drought, vandalism, or infestation (ii) A waiver may not be granted under this paragraph for more than 2 consecutive tax years. (d) The amount of the credit granted under this section is equal to: (1) the amount of property tax that would otherwise be due on the property, less (2) the amount of any other credit applicable to the property in that tax year, multiplied by (3) 90%. (e) (1) A property owner seeking to obtain and annually maintain a credit under this section must: (i) at least 90 days before the 1st tax year for which the credit is sought, file an application for the credit with the Sustainability Office; and (ii) at least 90 days before each subsequent tax year during the term of the credit, file with the Sustainability Office a certification that the property continues to be used for urban agricultural purposes and to meet all other qualification for the credit. (2) The application and certification must be in the form and contain the information that the Sustainability Office requires. (f) (1) The term of the credit is 5 tax years, unless renewed. (2) On application made no later than 90 days before expiration of the 5-year term, a property owner may apply to renew the credit for another 5 tax years. (g) (1) If, at any time during the initial 5-year term of the credit or during a 5-year renewal term, the property ceases to be used for urban agricultural purposes: (i) the credit granted to the property is terminated; and (ii) the owner of the property is liable for: (A) all property taxes that would have been due during that 5-year term if the credit had not been granted, plus (B) a surcharge at the rate of 1% for each month or fraction of a month accounting from the dates that those taxes would have become due had the credit never been granted through the date on which the taxes first became due by application of this subsection, (2) (i) A property owner may apply to the Director of Finance for a waiver of all or part of the surcharge imposed under paragraph (1) of this subsection. (ii) The property owner has the burden to demonstrate that: (A) the cessation of the property’s use for urban agricultural purposes was the result of circumstances beyond the owner’s control; and (B) the owner otherwise meets the requisite criteria for a waiver, as established in the rules and regulations adopted under subsection (h)(1)(ii) of this section. (iii) The Director of Finance shall consult with the Sustainability Office before denying or granting the application for a waiver, in whole or in part. (h) The Director of Finance, after consultation with the Sustainability Office: (1) shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this section, including: (i) the procedures, forms, and documentation required to apply for the credit and to periodically evidence continuing eligibility for the credit; and (ii) the procedures and governing criteria for obtaining a surcharge waiver under subsection (g)(2) of this section; (2) may settle disputed claims that might arise in connection with the credit; and (3) may delegate to any other City agency or employee the powers, duties, or functions in connection with the administration of the credit. (i) The Sustainability Office, after consultation with the Director of Finance, must analyze the public costs and benefits of the credits granted under this section and annually report its findings to the Board of Estimates and the City Council. *History: Ord. 15-350* *History: Ord. 15-427* *History: Ord. 16-503* *History: Text Conformed 02/25/21* *History: Ord. 22-124* *History: Ord. 22-125* ##### § 10-20 City Supplement to Homeowners’ Tax Credit Program. Balt., Md., Code art. 28, § 10-20 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Combined income” has the meaning stated in State Tax-Property Article § 9-104(a)(3). (3) “Dwelling” has the meaning stated in State Tax-Property Article § 9-104(a)(6). (4) “Homeowner” has the meaning stated in State Tax-Property Article § 9-104(a)(9). (5) “State Homeowners’ Tax Credit Program” means the Homeowners’ Property Tax Credit Program established by State Tax-Property Article § 9-104. (6) “Total real property tax” has the meaning stated in State Tax-Property Article § 9-104(a)(13). (b) In accordance with State Tax-Property Article § 9-215, a City supplement to the State Homeowners’ Tax Credit Program is granted for eligible dwellings. (c) A dwelling is eligible for the City supplemental tax credit if: (1) the dwelling is eligible for participation in the State Homeowners’ Tax Credit Program; and (2) as of the end of the calendar year immediately preceding the taxable year for which the supplemental credit is sought, the dwelling’s homeowner: (i) is at least 62 years old; (ii) has resided in the dwelling for at least 10 years; and (iii) has a combined income of less than $40,000. (d) The City supplemental tax credit for an eligible dwelling is the total real property tax on the dwelling, less: (1) the property tax credit granted for the dwelling under State Tax-Property Article § 9-104; and (2) the aggregate of the following percentages of the homeowner’s combined income: (i) 0% of the 1st $12,000 of combined income; (ii) 3% of the next $4,000 of combined income; (iii) 7% of the next $4,000 of combined income; and (iv) 9% of combined income over $20,000. *History: Ord. 16-497* ##### § 10-21 Public safety officers. Balt., Md., Code art. 28, § 10-21 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Dwelling” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead tax credit”}. (3) “Finance Director” means the Director of the City Department of Finance or that Director’s designee. (4) “Homeowner” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead tax credit”}. (5) “Homestead dwelling” means a dwelling that is: (i) located in Baltimore City; (ii) owned by and used as the principal residence of a public safety officer; and (iii) otherwise eligible for the tax credit authorized by State Tax-Property Article § 9-105{“Homestead tax credit”}. (6) “Public safety officer” means a firefighter, an emergency medical technician, or a law enforcement officer who is a sworn member of and employed full time by: (i) the Baltimore City Fire Department; (ii) the Baltimore City Police Department; (iii) the Baltimore City Sheriff’s Office; or (iv) the Baltimore City Public School System. (b) In accordance with State Tax-property Article § 9-304(i), a real property tax credit is granted against the City property tax imposed on the homestead dwelling of a public safety officer. (c) In any taxable year, the amount of the credit granted to a homestead dwelling under this section is the lesser of: (1) $2,500; and (2) the amount of the property tax imposed on the dwelling. (d) In any taxable year for which a property receives a credit granted under this section, the property may not receive any other property tax credit provided by Baltimore City except: (1) the local portion of the credit authorized by State Tax-Property Article § 9-105 {“Homestead tax credit”}; and (2) the credit authorized by State Tax-Property Article § 9-221 {“Offsetting income tax rates”}. (e) (1) A public safety officer seeking to obtain and annually maintain a credit under this section must: (i) at least 90 days before the 1st tax year for which the credit is sought, file with the Finance Director an application for the credit; and (ii) at least 90 days before each subsequent tax year, file with the Finance Director a verification that: (A) the homeowner continues to serve as a public safety officer; and (B) the property continues to be: 1. used as the public safety officer’s principal residence; and 2. otherwise eligible for the tax credit authorized by this section. (2) The application and annual verification must be in the form and contain the information that the Finance Director requires. (f) (1) The credit granted under this section continues from tax year to tax year, subject to: (i) compliance with the annual verification requirements of subsection (e) of this section; and (ii) termination under paragraph (2) of this subsection. (2) If, at any time during a tax year, the homeowner ceases to serve as a public safety officer: (i) the tax credit granted under this section for that tax year is terminated; and (ii) the homeowner is liable for all property taxes that would have been due for that tax year had the credit not been granted, payable as provided in the rules and regulations adopted under this section. (g) The Finance Director: (1) shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section and to periodically verify continuing eligibility for the credit; (2) in those rules and regulations, may define or further define any terms used in connection with the qualifications for or computation of the credit authorized by this section; (3) may settle disputed claims arising in connection with the credit authorized by this section; (4) must prepare an annual written report to the Mayor and City Council detailing the number of public safety officers from each agency who have utilized the tax credit in the preceding year; and (5) may delegate to any other City agency or employee the Director’s powers, duties, or functions in connection with the administration of the credit authorized by this section. (h) Any person who knowingly makes a false statement on or in connection with an application for a tax credit under this section or in connection with any report or statement supporting a property’s continued eligibility for a tax credit granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. (i) Applications for this credit may not be accepted after June 30, 2028. *History: Ord. 17-074* *History: Ord. 18-209* *History: Text Conformed 02/25/21* *History: Ord. 22-124* ##### § 10-22 9-1-1 specialists. Balt., Md., Code art. 28, § 10-22 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “9-1-1 specialist” means a Baltimore City employee of a public safety answering point whose duties and responsibilities include: (i) receiving and processing 9-1-1 requests for emergency assistance; (ii) other support functions directly related to 9-1-1 requests for emergency assistance; or (iii) dispatching law enforcement officers, fire rescue services, emergency medical services, and other public safety services to the scene of an emergency. (3) “Dwelling” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead tax credit”}. (4) “Finance Director” means the Director of the City Department of Finance or that Director’s designee. (5) “Homeowner” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead tax credit”}. (6) “Homestead dwelling” means a dwelling that is : (i) located in Baltimore City; (ii) owned by and used as the principal residence of a 9-1-1 specialist; and (iii) otherwise eligible for the tax credit authorized by State Tax-Property Article § 9-105 {“Homestead tax credit”}. (b) In accordance with State Tax-Property Article § 9-262, a real property tax credit is granted against the City property tax imposed on the homestead dwelling of a 9-1-1 specialist. (c) In any taxable year, the amount of the credit granted to a homestead dwelling under this section is the lesser of: (1) $2,500; and (2) the amount of the property tax imposed on the dwelling. (d) In any taxable year for which a property receives a credit granted under this section, the property may not receive any other property tax credit provided by Baltimore City except: (1) the local portion of the credit authorized by State Tax-Property Article § 9-105 {“Homestead tax credit”}; and (2) the credit authorized by § 9-221 {“Offsetting income tax rates”}. (e) (1) A 9-1-1 specialist seeking to obtain and annually maintain a credit under this section must: (i) at least 90 days before the 1st tax year for which the credit is sought, file with the Finance Director an application for the credit; and (ii) at least 90 days before each subsequent tax year, file with the Finance Director a verification that: (A) the homeowner continues to serve as a 9-1-1 specialist; and (B) the property continues to be: 1. used as the 9-1-1 specialist’s principal residence; and 2. otherwise eligible for the tax credit authorized by this section. (2) The application and annual verification must be in the form and contain the information that the Finance Director requires. (f) (1) The credit granted under this section continues from tax year to tax year, subject to: (i) compliance with the annual verification requirements of subsection (e) of this section; and (ii) termination under paragraph (2) of this subsection. (2) If, at any time during a tax year, the homeowner ceases to serve as a 9-1-1 specialist: (i) the tax credit granted under this section for that tax year is terminated; and (ii) the homeowner is liable for all property taxes that would have been due for that tax year had the credit not been granted, payable as provided in the rules and regulations adopted under this section. (g) The Finance Director: (1) shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section and to periodically verify continuing eligibility for the credit; (2) in those rules and regulations, may define or further define any terms used in connection with the qualifications for or computation of the credit authorized by this section; (3) may settle disputed claims arising in connection with the credit authorized by this section; (4) must prepare an annual written report to the Mayor and City Council detailing the number of 9-1-1 specialists who have utilized the tax credit in the preceding year; and (5) may delegate to any other City agency or employee the Director’s powers, duties, or functions in connection with the administration of the credit authorized by this section. (h) Any person who knowingly makes a false statement on or in connection with an application for a tax credit under this section or in connection with any report or statement supporting a property’s continued eligibility for a tax credit granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. (i) Applications for this credit may not be accepted after June 30, 2029. *History: Ord. 19-298* *History: Text Conformed 02/25/21* ##### § 10-23 Low-income employees. Balt., Md., Code art. 28, § 10-23 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) Dwelling. “Dwelling” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead Tax Credit”}. (3) “Finance Director” means the Director of the City Department of Finance or the Director’s designee. (4) “Homeowner” has the meaning stated in State Tax-Property Article § 9-105 {“Homestead Tax Credit”}. (5) “Homestead dwelling” means a dwelling that is: (i) located in Baltimore City; (ii) owned by and used as the principal residence of a low-income employee; and (iii) otherwise eligible for the tax credit authorized by State Tax-Property Article § 9-105 {“Homestead Tax Credit”}. (6) “Low-income employee” means an individual who: (i) is employed full-time by the City of Baltimore; (ii) is among the 25% lowest-paid, full-time Baltimore City employees; and (iii) owns a dwelling located in Baltimore City. (b) In accordance with State Tax-Property Article § 9-304(k), a real property tax credit is granted against the City property tax imposed on the homestead dwelling of a low-income employee. (c) In any taxable year, the amount of the credit granted to a homestead dwelling under this section is the lesser of: (1) $2,500; and (2) the amount of the property tax imposed on the building. (d) In any taxable year for which a property receives a credit granted under this section, the property may not receive any other property tax credit provided by Baltimore City except: (1) the local portion of the credit authorized by State Tax-Property Article § 9-105 {“Homestead tax credit”}; and (2) the credit authorized by State Tax-Property Article § 9-221 {“Offsetting income tax rates”}. (e) (1) To determine whether an individual qualifies as a low-income employee as defined by this section, the Finance Department, in consultation with the Department of Human Resources, shall use an individual’s annual rate of pay for the calendar year most recently completed prior to the tax year for which the credit is sought. (2) The Finance Department shall notify employees that their income may qualify them for the tax credit authorized by this subtitle no later than January 30 of the tax year. (f) In addition to meeting the other requirements provided in this section, to be eligible for a tax credit under this section, the low-income employee must, as of the March 31 of the calendar year in which the application is filed: (1) have been continuously employed with the City for the preceding 9 months; (2) have worked a minimum of 1,125 hours during that time; and (3) have been classified as a regular, full-time employee by the Department of Human Resources. (g) (1) A low-income employee seeking to obtain and annually maintain a credit under this section must file with the Finance Director an application for the credit. (2) The application must be filed with the Finance Director on or after February 1 preceding the tax year for which the credit is sought but no later than March 31 of that tax year. (3) The application must be in the form and contain the information that the Finance Director requires and shall include a verification that: (i) the homeowner is a regular, full-time City employee; and (ii) the property is: (A) used as the low-income employee’s principal residence; and (B) otherwise eligible for the tax credit authorized by this section. (h) The credit granted under this section continues from tax year to tax year, subject to compliance with the annual verification requirements of subsection (g) of this section. (i) The Finance Director: (1) shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section and to periodically verify continuing eligibility for the credit; (2) may, in those rules and regulations, define or further define any terms used in connection with the qualifications for or computation of the credit authorized by this section; (3) may settle disputed claims arising in connection with the credit authorized by this section; (4) must prepare an annual written report to the Mayor and City Council detailing the number of low-income employees from each agency who have utilized the tax credit in the preceding year; and (5) may delegate to any other City agency or employee the Director’s powers, duties, or functions in connection with the administration of the credit authorized by this section. (j) Any person who knowingly makes a false statement on or in connection with an application for a tax credit under this section or in connection with any report or statement supporting a property’s continued eligibility for a tax credit granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. (k) Applications for this credit may not be accepted after June 30, 2030. *History: Ord. 20-348* *History: Text Conformed 02/25/21* ##### §§ 10-24 to 10-29 Balt., Md., Code art. 28, § 10-24 to 10-29 (2026) Reserved ##### § 10-30 Food Desert Incentive Areas (Personal Property Tax Credit). Balt., Md., Code art. 28, § 10-30 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Finance Director” means the Director of the City Department of Finance or that Director’s designee. (3) “Food desert” means an area in which: (i) the distance to a supermarket is more than ¼ mile; (ii) the median household income is at or below 185% of the Federal Poverty Level, as measured by the most recent 5-year estimate of the U.S. Census Bureau’s American Community Survey; (iii) over 30% of households have no vehicle available, as measured by the most recent 5-year estimate of the U.S. Census Bureau’s American Community Survey; and (iv) the Healthy Food Availability Index average score of all food stores is low, as measured by the Johns Hopkins Center for a Liveable Future. (4) “Food Desert Incentive Area” means any area: (i) that is a food desert; (ii) that is within ¼ mile of a food desert; or (iii) that would be a food desert but for the presence of a qualified supermarket. (5) “Personal property” means any personal property that is subject to the City’s tax on personal property. (6) “Qualified supermarket’ means a supermarket that has been newly constructed or newly substantially renovated to meet the qualifications imposed by this subtitle. (7) “Supermarket” means a grocery store that has: (i) all major food departments, including produce, meat, seafood, dairy, and canned and packaged goods; (ii) more than 50% of total sales derived from food sales; and (iii) more than 50% of total floor space dedicated to food sales. (b) In accordance with State Tax-Property Article § 9-304(h), a tax credit is granted against the City personal property tax imposed on qualified supermarkets. (c) To qualify for the credit granted by this section, a qualified supermarket must: (1) be located in a Food Desert Incentive Area; (2) have at least 500 square feet of total floor space dedicated to the sale of fruits and vegetables; (3) have at least 500 square feet of total floor space dedicated to the sale of other perishable goods, including meat, seafood, and dairy products; and (4) have expended on new personal property: (i) for a newly constructed supermarket, an amount equal to the greater of: (i) $150,000; or (ii) $25 per square foot of total floor space; or (ii) for a newly substantially renovated supermarket, an amount based on the supermarket’s total floor space, as follows:
Total Floor Space Expenditure Required
20,000 sq. ft. or less $5 per square foot
More than 20,000 sq. ft. up to 45,000 sq. ft. $8 per square foot
More than 45,000 sq. ft. $10 per square foot
(d) The amount of the credit granted under this section is equal to: (1) the amount of personal property tax that would otherwise be due in the current tax year on the supermarket’s personal property, less (2) the amount of any other credit applicable in the current tax year to the personal property, multiplied by (3) 80%. (e) The owner of the personal property for which a credit under this section is being sought must file an application with the Finance Director at least 90 days before the 1st tax year for which the credit is sought. (f) The term of the credit is 10 tax years. (g) The owner of the personal property for which a credit has been granted under this section shall ensure that, throughout the credit period, the supermarket: (1) continues to operate as a supermarket; and (2) is maintained in full compliance with: (i) the City Health Article; and (ii) the City Building, Fire, and Related Codes Article. (h) The Finance Director, after consultation with the Baltimore Development Corporation: (1) shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section and to periodically evidence continuing eligibility for the credit; (2) in those rules and regulations, may define or further define any terms used in connection with the qualifications for or computation of the credit authorized by this section; (3) may settle disputed claims arising in connection with the credit authorized by this section; and (4) may delegate to any other City agency or to the Baltimore Development Corporation any of her or his ministerial powers, duties, or functions in connection with the administration of the credit authorized by this section. *History: Ord. 15-434* *History: Ord. 16-503* *History: Ord. 18-151* *History: Text Conformed 02/19/21* *History: Ord. 22-125* ##### § 10-31 Energy Conservation Devices (Real Property Tax Credit). Balt., Md., Code art. 28, § 10-31 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) (i) “Dwelling” means a house that is: (A) used as the principal residence of the homeowner; and (B) actually occupied or expected to be occupied by the homeowner for more than 6 months of a 12-month period beginning with the date of finality for the taxable year for which the property tax credit under this section is sought. (ii) “Dwelling” includes: (A) a condominium unit that is occupied by an individual who has legal interest in the condominium; (B) an apartment in a cooperative apartment corporation that is occupied by an individual who has legal interest in the apartment; and (C) a part of real property used other than primarily for residential purposes, if the real property is used as a principal residence by an individual who has a legal interest in the real property. (iii) “Dwelling” does not include the lot or curtilage on which the house, condominium, apartment, or other improvement is erected. (3) “Eligible costs” means reasonable costs incurred: (i) within the 12 months before the initial application for the credit; (ii) for the purchase or lease of a solar energy device or geothermal energy device, including any part, component, or accessory equipment necessary to operate the device; and (iii) associated with installation of the solar energy device or the geothermal energy device. (4) “Geothermal energy device” means an energy conserving device that: (i) uses geothermal energy to heat or cool a structure or to provide hot water for use in the structure; and (ii) meets national safety and performance standards set by a nationally recognized testing laboratory for that type of device. (5) “House” means a structure that has been adapted for overnight accommodation of an individual. (6) “Principal residence” means the one dwelling where an individual regularly resides and is the location designated by the individual for the legal purpose of voting, obtaining a driver’s license, and filing income tax returns. (7) “Solar energy device” means an energy conserving device that: (i) uses solar energy to heat or cool a structure, to generate electricity to be used in the structure, or to provide hot water for use in the structure; and (ii) meets national safety and performance standards set by a nationally recognized testing laboratory for that type of device. (b) (1) In accordance with State Tax-Property Article § 9-203, a tax credit is granted against the City portion of real property tax on a dwelling to which a solar energy device or geothermal energy device is installed and in use. (2) The City may not grant more than 1 tax credit for each dwelling. (c) The owner of a dwelling that uses a solar energy device or geothermal energy device may qualify for the tax credit authorized by this section by: (1) filing a state income tax return as a resident of Baltimore City for each taxable year for which the credit is sought; (2) filing an application for the credit with the Director of the Department of Finance; and (3) satisfying all other conditions imposed by the regulations of the Director of the Department of Finance. (d) The credit against the City portion of real property tax on a dwelling under this section is the lesser of: (1) 50% of the eligible costs up to a maximum of $5,000; or (2) 50% of the eligible costs up to a maximum of $1,500 for either a solar energy device or geothermal energy device installed exclusively to provide hot water for use in the dwelling. (e) The amount of a credit applied in a tax year may not exceed the amount of City real property tax imposed on the dwelling in that tax year. (f) The tax credit granted under this section applies in the taxable year immediately following the submission of an application. (g) The tax credit granted under this section is transferable to a subsequent owner if: (1) the transfer is within the 1-year credit eligibility period; and (2) the solar energy device or geothermal energy device remains in use in the dwelling. (h) The application must be in the form and contain the information that the Director of the Department of Finance requires. (i) The Director of the Department of Finance or the Director’s designee: (1) shall, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to carry out this section, including procedures, forms, and documentation required to apply for the credit authorized by this section; and (2) may settle disputed claims arising in connection with the credit authorized by this section. (j) The estimated amount of all tax credits received by owners under this section in any fiscal year shall be: (1) reported by the Director of the Department of Finance as a “tax expenditure” for that fiscal year; and (2) included in the publication of the City’s budget for any subsequent fiscal year with the estimated or actual City property tax revenue for the applicable fiscal year. (k) The Director of the Department of Finance or the Director’s designee must report annually to the Board of Estimates and to the Mayor and City Council any results and findings of any analysis of the tax credit, including the steps taken and proposed to be taken to promote and further the use of the tax credit program. (l) The Department of Finance may not accept applications for the tax credit granted under this section after June 30, 2028. *History: Ord. 22-162* *History: Ord. 23-228* #### Subtitle 11 – Vacant Lots; Vacant Structures ##### § 11-1 Definitions. Balt., Md., Code art. 28, § 11-1 (2026) (a) In this section, the following words have the meanings indicated. (b) “Building” has the meaning stated in City Code Article 13, § 11-1 {“Definitions”}. (c) “Property owner” means the person who holds the title to a vacant structure. (d) “Vacant lot” means: (1) an unimproved parcel of real property; or (2) an unimproved portion of a block that is identified by a symbol in accordance with City Charter Article VII, § 116(k) {“System of Uniform Property Identification”} and shown on a block plat filed with the Department of Transportation. (e) “Vacant structure” means a structure or distinguishable part of a structure that is: (1) unoccupied; and (2) unsafe or unfit for human habitation or other authorized use. *History: * *History: * ##### § 11-2 Establishment of subclass of real property. Balt., Md., Code art. 28, § 11-2 (2026) As authorized under State Tax – Property Article § 6-202.1 {“Subclass of Real Property Consisting of Vacant Lots or Improved Property Cited as Vacant and Unfit for Habitation”}, the Mayor and City Council of Baltimore establish a subclass of real property consisting of: (1) vacant lots; and (2) vacant structures. *History: * *History: * ##### § 11-3 Special real property tax rate. Balt., Md., Code art. 28, § 11-3 (2026) (a) A special real property tax rate is established for: (1) vacant lots; and (2) vacant structures. (b) Vacant lots and vacant structures are subject to 4 times the full rate property tax established by the Mayor and City Council of Baltimore under City Charter Article VI, § 7(c) {“Enactment of Ordinance of Estimates: Revenue Ordinances”}. *History: * *History: * ##### § 11-4 Notice required. Balt., Md., Code art. 28, § 11-4 (2026) (a) The City Administrator or the City Administrator’s designee shall notify an owner of real property located within the City limits of the implementation of the tax established by this Subtitle 11 by the following methods: (1) United States mail; (2) advertisement in 2 newspapers in general circulation for a minimum of 2 consecutive weeks during each month of June preceding each tax year; and (3) posting on the City website. (b) To comply with subsection (a)(1) of this section the City Administrator or the City Administrator’s designee may include the notice required by this section with: (1) a water bill; or (2) a violation notice for a vacant structure issued by the Department of Housing and Community Development. *History: * *History: * ##### § 11-5 Rules and regulations. Balt., Md., Code art. 28, § 11-5 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance and the Commissioner of Housing and Community Development shall adopt rules and regulations to carry out the provisions of this subtitle. *History: * *History: * ##### § 11-6 Reporting. Balt., Md., Code art. 28, § 11-6 (2026) On or before December 1 of each year, the Department of Finance shall submit to the Mayor and City Council, and in accordance with § 6-302(c)(2) of the State Tax – Property Article, the Maryland Department of Housing and Community Development, and the Maryland General Assembly, a report that includes the following: (1) the special rate set under State Tax – Property Article § 6-302(c)(1); (2) the number of properties to which the special tax rate applies; (3) the revenue change resulting from the special rate; (4) the use of the revenue from the special rate; (5) whether properties subject to the special rate are viable for adaptive reuse, as defined in § 1-102 of the State Housing and Community Development Article; and (6) any existing plans to convert properties viable for adaptive reuse. *History: * *History: * #### Subtitle 12 – Payments in Lieu of Taxes: Hotel Facilities in Urban Renewal Areas ##### § 12-1 Definitions. Balt., Md., Code art. 28, § 12-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “City-owned property” means any ownership interest held by the City in the applicable real property, including legal title to the property, whether in fee or as a leasehold interest, whether or not subject to a ground lease, and whether now owned or later acquired by the City. (c) “Enabling Law” means § 7-501 of the State Tax-Property Article. (d) (1) “Hotel facilities” means any land and improvements thereon, or a portion thereof, that: (i) is to be constructed for the use and operation as a hotel for short-term guest rentals; and (ii) has a minimum investment of $50,000,000 of private capital. (2) “Hotel facilities” includes related meeting facilities, banquet facilities, dining facilities, associated public or private parking facilities, and other related service facilities. (3) “Hotel facilities” does not include any City-owned property that is used, in whole or part, for the conduct of gaming or gambling activities. (e) “PILOT” means negotiated payments in lieu of taxes, as authorized by the Enabling Law. (f) “PILOT Agreement” means an agreement providing for negotiated payments in lieu of taxes, as authorized by this subtitle. *History: Ord. 98-253* ##### § 12-2 Findings and determinations. Balt., Md., Code art. 28, § 12-2 (2026) The Mayor and City Council finds and determines that: (1) there is a need for additional hotel facilities in the urban renewal areas of the City to provide a positive atmosphere for the tourism and convention businesses; and (2) the authorization of a PILOT in connection with any lease of City-owned property entered into on or after January 1, 1998, for hotel facilities in an urban renewal area will substantially aid in achieving and encouraging economic development in the City. *History: Ord. 98-253* ##### § 12-3 PILOTs authorized. Balt., Md., Code art. 28, § 12-3 (2026) (a) Acting pursuant to the Enabling Law, the City is authorized to exempt from municipal taxation hotel facilities: (1) that are on City-owned property within any urban renewal area; and (2) that, on or after January 1, 1998, are leased or otherwise made available to any person: (i) who uses the property in connection with a business that is conducted for profit; and (ii) who is authorized to accept a PILOT in accordance with the terms and conditions of a PILOT Agreement. (b) Provided, however, that the assessment of these hotel facilities shall be included in the assessable base of the City to determine the amount of any State of Maryland aid that is based on the assessable base of the City. *History: Ord. 98-253* ##### § 12-4 PILOT Agreements authorized. Balt., Md., Code art. 28, § 12-4 (2026) (a) The City is authorized to negotiate a PILOT Agreement in connection with any lease after January 1, 1998, of any City-owned property within any urban renewal area for use as hotel facilities. (b) (1) However, the economic terms to be incorporated into any PILOT Agreement must be approved by an Ordinance of the Mayor and City Council before the Board of Estimates gives final approval to the PILOT Agreement. (2) Each PILOT Agreement: (i) shall conform to the economic terms approved by an Ordinance of the Mayor and City Council; and (ii) shall contain any additional terms that the Board of Estimates deems reasonably necessary to accomplish the purposes of this subtitle, taking into account the specific needs of the particular hotel facility. (3) All PILOT Agreements executed pursuant to this subtitle must provide that the PILOT Agreement will terminate immediately if the property is no longer used as a hotel facility. *History: Ord. 98-253* ##### § 12-5 Board of Estimates to set final terms. Balt., Md., Code art. 28, § 12-5 (2026) The final terms of any PILOT Agreement or disposition agreement affecting any hotel facility and the final forms of all documents drafted in connection with it, are subject to the approval of the Board of Estimates. *History: Ord. 98-253* #### Subtitles 13 to 15 ### Division III – Other Taxes #### Subtitle 16 – Recordation Tax ##### § 16-1 Tax imposed. Balt., Md., Code art. 28, § 16-1 (2026) Pursuant to State Tax-Property Article § 12-103(b), the rate of tax applicable to instruments recorded with the Clerk of the Circuit Court for Baltimore City is: (1) in the case of instruments conveying title to property, $5 for each $500 or fractional part of $500 of the actual consideration paid or to be paid; and (2) in the case of instruments securing a debt, $5 for each $500 or fractional part of $500 of the principal amount of the debt secured. *History: Ord. 68-145* *History: Ord. 82-752* *History: Ord. 85-389* *History: Ord. 04-727* ##### § 16-2 Partial exemption for owner-occupied residence. Balt., Md., Code art. 28, § 16-2 (2026) (a) The tax imposed by this subtitle does not apply to the first $22,000 of the consideration payable on the conveyance of owner-occupied residential property if the instrument in writing is accompanied by a statement, signed under oath by the buyer, that the buyer will use the property as the buyer’s principal residence by actually occupying the property for at least 7 months of the 12-month period immediately following the conveyance. (b) (1) Except as specified in paragraph (2) of this subsection, the buyer shall receive the entire exemption provided by this section, irrespective of (i) any contractual provisions concerning the division of taxes between the buyer and the seller and (ii) the presumption under State Real Property Article § 14-104(b) {“Division of ... Tax: Presumption”}. (2) The seller shall receive the entire exemption provided by this section if (i) the seller has agreed by contract to pay the entire amount of the tax imposed by this subtitle or (ii) the seller is responsible for paying the entire amount of the tax under State Real Property Article § 14-104(c) {“Division of ... Tax: First-time Maryland Home-buyers”}. *History: Ord. 04-727* *History: Ord. 04-891* #### Subtitle 17 – Transfer Tax ##### § 17-1 Definitions. Balt., Md., Code art. 28, § 17-1 (2026) (a) As used herein, the following definitions shall apply. (b) (1) “Estate” means real property and chattels real of every description, including, but not limited to, fee simple estate, leasehold estate, limited estate, and legal and equitable interests in real property. (2) But the term “estate” specifically does not include land installment contracts, such a contract for the purposes of this subtitle being defined as a legally binding executory agreement under which: (i) the vendor agrees to sell an interest in property to the vendee and the vendee agrees to pay the purchase price in 5 or more subsequent payments exclusive of any down payment; and (ii) the vendor retains title as security for the vendee’s obligation. (c) “Estate of inheritance” means any estate which may descend to heirs, otherwise known as an estate in fee simple. (d) The term “mortgage” as used in this subtitle, shall include deeds of trust made to secure the repayment of indebtedness. (e) “Transfer” means the acts of the parties, or of the law, by which the title to any estate of inheritance or freehold, or any declaration or limitation of use, or any estate above 7 years, is conveyed from 1 person to another. *History: Ord. 63-048* *History: Ord. 66-792* *History: Ord. 67-926* *History: Ord. 67-992* *History: Ord. 67-1052* *History: Ord. 67-1102* *History: Ord. 69-511* *History: Ord. 72-089* *History: Ord. 75-807* *History: Ord. 76-141* *History: Ord. 76-151* *History: Ord. 81-367* ##### § 17-2 Tax imposed — In general. Balt., Md., Code art. 28, § 17-2 (2026) (a) (1) A tax is hereby levied and imposed upon the transfer of any estate of inheritance or freehold, of any declaration or limitation of use, or any estate above 7 years, in Baltimore City, at the rate of 1½% of the taxable basis thereof, as hereinafter defined. (2) Except that the tax levied and imposed hereunder shall not apply to any lease or sublease for an initial term of not more than 7 years which contains any provisions for renewal for 1 or more succeeding stated terms of not more than 7 years each, if under such provision for renewal the right to effect or prevent each such renewal term shall be optional with either the landlord or the tenant. (b) Said tax shall be payable before the written instrument intending to effect such transfer shall be offered to the Clerk of the Circuit Court for Baltimore City for recordation. (c) (1) The payment of the tax levied and imposed hereunder: (i) shall be made to the Director of Finance of Baltimore City, at a place designated by the said Director of Finance; and (ii) shall be evidenced by the affixing of an official receipt upon such written instrument by the Director of Finance or his authorized representative. (2) Such receipt shall be in such form as may be designated by the Director of Finance. (d) (1) The tax imposed by this subtitle does not apply to the first $22,000 of the consideration payable on the conveyance of owner-occupied residential property if: (i) the total consideration payable on the conveyance is less than $250,000; and (ii) the instrument in writing is accompanied by a statement, signed under oath by the buyer, that the buyer will use the property as the buyer’s principal residence by actually occupying the property for at least 7 months of the 12-month period immediately following the conveyance. (2) (i) Except as specified in subparagraph (ii) of this paragraph, the buyer shall receive the entire exemption provided by this subsection (d), irrespective of (A) any contractual provisions concerning the division of taxes between the buyer and the seller and (B) the presumption under State Real Property Article § 14-104(b) {“Division of ... Tax: Presumption”}. (ii) The seller shall receive the entire exemption provided by this subsection (d) if (A) the seller has agreed by contract to pay the entire amount of the tax imposed by this subtitle or (B) the seller is responsible for paying the entire amount of the tax under State Real Property Article § 14-104(c) {“Division of ... Tax: First-time Maryland Home-buyers”}. *History: Ord. 63-048* *History: Ord. 67-926* *History: Ord. 67-992* *History: Ord. 67-1052* *History: Ord. 67-1102* *History: Ord. 69-511* *History: Ord. 72-089* *History: Ord. 75-807* *History: Ord. 76-141* *History: Ord. 76-151* *History: Ord. 81-367* *History: 06-312* ##### § 17-3 Tax imposed — Corporate transfers. Balt., Md., Code art. 28, § 17-3 (2026) (a) A tax is hereby levied and imposed upon the transfer of real property affected by filing of articles of sale, lease, exchange, or other transfer of all or substantially all the property and assets of a corporation with respect to the property subject to the certificate required under State Corporations and Associations Article § 3-112, at the rate of 1½% of the taxable basis thereof, as hereinafter defined. (b) (1) The tax shall be payable pursuant to the provisions of State Tax-Property Article § 13-404. (2) No written instrument evidencing the transfer of property taxable hereunder shall be received for recording in Baltimore City until the original of the articles of sale, lease, exchange or other transfer shall have been exhibited to the Clerk of the Circuit Court for Baltimore City showing that the tax herein levied and imposed has been paid to the State and, if any additional tax is payable on the written instrument, it has been paid. *History: Ord. 67-926* *History: Ord. 67-992* *History: Ord. 67-1052* *History: Ord. 67-1102* *History: Ord. 69-511* *History: Ord. 72-089* *History: Ord. 75-807* *History: Ord. 76-141* *History: Ord. 76-151* *History: Ord. 81-367* ##### § 17-4 Tax imposed — Other instruments. Balt., Md., Code art. 28, § 17-4 (2026) (a) No attornment agreement, memorandum of lease, assignment of lease, or other instrument (referred to collectively herein as “other instrument”) intended to publicize or giving or intended to give constructive notice of the existence of a lease which has not been recorded but which is taxable hereunder, whether or not such other instrument gives such constructive notice in point of law, shall be received for recording until the original lease shall have been exhibited to the clerk and the tax paid thereon, in addition to whatever tax may be payable on such other instrument. (b) Nothing in this section shall be taken to apply to any lease not taxable under § 17-1 of this subtitle. *History: Ord. 67-926* *History: Ord. 67-992* *History: Ord. 67-1052* *History: Ord. 67-1102* *History: Ord. 69-511* *History: Ord. 72-089* *History: Ord. 75-807* *History: Ord. 76-141* *History: Ord. 76-151* *History: Ord. 81-367* ##### § 17-5 Taxable basis. Balt., Md., Code art. 28, § 17-5 (2026) (a) Except as otherwise provided in this section, “taxable basis” means the cash consideration and the value of any other consideration paid or agreed to be paid for the property transferred, including the amount of any liens or encumbrances on the property other than current property taxes and other municipal charges. (b) (1) The cash consideration plus the value of any other consideration paid or agreed to be paid for the property, including the amount of liens or encumbrances on the property, shall be stated in a written affidavit, made on personal knowledge of the affiant and under penalties of perjury, on forms to be furnished by the Director of Finance. (2) The Director of Finance may not accept the affidavit unless it is accompanied by written proof of the purchase price for the property. This proof shall include a copy of the settlement sheet, contract of sale, or other document the Director of Finance finds adequate. (3) The affidavit and accompanying documents shall be filed with the Director of Finance at the time that the tax is paid. (c) If any part of the consideration paid or agreed to be paid for the property consists of anything other than (i) cash paid or agreed to be paid or (ii) the amount of liens or encumbrances on the property,“taxable basis” means the greater of: (1) the consideration stated in accordance with subsections (a) and (b) of this section; or (2) the full cash value of the property, as most recently determined by the State Department of Assessments and Taxation. (d) For a transfer of a perpetually renewable ground rent, if any part of the consideration paid or agreed to be paid consists of anything other than (i) cash paid or agreed to be paid or (ii) the amount of liens or encumbrances, “taxable basis” means the greater of: (1) the consideration stated in accordance with subsections (a) and (b) of this section; or (2) either: (i) the redemption value of the ground rent, if redeemable; or (ii) if irredeemable, the capitalization at 5% of the ground rent. (e) (1) For a lease for a term above 7 years, not perpetually renewable,“taxable basis” means the capitalization at 10% of the average annual base rental for the property over the entire term of the lease, including all renewal terms, plus the cash consideration and the value of any other consideration paid or agreed to be paid, other than the base rent. (2) If the average annual rental cannot be determined at the time of recording the lease or the attornment agreement, memorandum of lease, assignment of lease, or other instrument intended to give notice of the lease, or if any part of the consideration paid or agreed to be paid for the rental of the property consists of anything other than cash paid or agreed to be paid, the value of which cannot be readily determined, then in either case: (i) the stipulated cash base rental (excluding indeterminable items of every kind, such as percentage of sales, taxes, maintenance, and repair costs and utilities) shall be used as the basis for tax computation; and (ii) “taxable basis” means the greater of: (A) the minimum average annual rental ascertainable from the terms of the lease, plus 5% of the minimum average annual rental, the whole to be capitalized at 10%, plus any consideration paid or agreed to be paid, other than rent; or (B) the full cash value of the property, as most recently determined by the State Department of Assessments and Taxation. *History: Ord. 63-048* *History: Ord. 66-792* *History: Ord. 67-926* *History: Ord. 67-992* *History: Ord. 67-1052* *History: Ord. 67-1102* *History: Ord. 69-511* *History: Ord. 72-089* *History: Ord. 75-807* *History: Ord. 76-141* *History: Ord. 76-151* *History: Ord. 81-367* *History: Ord. 04-694* ##### § 17-6 Life estates, remainders, and reversions. Balt., Md., Code art. 28, § 17-6 (2026) (a) The value of life estates subject to the tax levied and imposed by this subtitle shall be determined in the same manner as the value of life estates are determined from time to time, for federal estate tax purposes under the Internal Revenue Code and regulations promulgated thereunder. (b) The remainders and reversions after a life estate or life estates shall be valued by determining the value of the whole and deducting therefrom the value of the preceding estates determined as aforesaid. *History: Ord. 63-048* ##### § 17-7 Property partly outside City. Balt., Md., Code art. 28, § 17-7 (2026) In the case of a transfer of property lying partly within and partly without Baltimore City, the tax levied and imposed by this subtitle shall be based only upon the taxable basis of the portion or fractional part of said property which lies within Baltimore City. *History: Ord. 63-048* ##### § 17-8 Exemptions. Balt., Md., Code art. 28, § 17-8 (2026) The tax levied and imposed by this subtitle shall not apply to the following: (1) where the taxable basis is less than $100; (2) transfers by way of mortgage securing a debt; (3) transfers by way of bona fide gift or without any consideration; (4) transfers to the United States, the State of Maryland, or any political subdivision thereof, or the Mayor and City Council of Baltimore, or any instrumentality or agency of said respective bodies politic; (5) transfers by the Housing Authority of Baltimore City to transferees who, in connection with such transfers, grant mortgages which are insured by the Federal Housing Administration or by the U.S. Department of Housing and Urban Development pursuant to Section 235 of the National Housing Act or successor program of the National Housing Act (12 U.S.C. §1701 et seq.), as amended from time to time; (6) transfers of property which in the hands of the transferee, immediately after such transfer, shall be entitled to exemption from taxation pursuant to Article 81, § 9 of the Annotated Code of Maryland (1957) {cf. Tax-Property Article, Title 7, Subtitle 1}; (7) a transfer to a mortgagee when the instrument intending to effect such transfer is presented for recording simultaneously with a deed from such mortgagee to the federal or state government or any instrumentality, agency, or political subdivision thereof; (8) a transfer made for the partitioning in kind between joint owners or undivided interests, provided there is no consideration paid or to be paid in connection with such transfers other than the division of the jointly-owned property; (9) a transfer under the last will and testament of a decedent, or a transfer to the heirs or next of kin of a decedent under the law of descent and distribution of the State of Maryland; (10) a transfer made expressly for the purpose of confirming or correcting a transfer previously made, if there is no taxable basis in excess of $100 for such transfer; or (11) a transfer made expressly for any of the following purposes: (i) the transfer of title to real property between a subsidiary corporation and its parent corporation for no consideration, for nominal consideration, or in sole consideration of the issue or cancellation or surrender of a subsidiary’s stock; (ii) the transfer of title to real property between 2 or more subsidiary corporations wholly owned by the same parent corporation for no consideration, for nominal consideration, or in sole consideration of the issue or the cancellation or surrender of a subsidiary’s stock; or (iii) deed made pursuant to reorganizations within the meaning of § 368(a), or in accordance with §§ 371 to 374, inclusive, of the Internal Revenue Code of the United States duly accepted for filing by the State Department of Assessments and Taxation. *History: Ord. 63-048* *History: Ord. 72-089* ##### § 17-9 Payment required for recordation. Balt., Md., Code art. 28, § 17-9 (2026) (a) No written instrument intended to effect a transfer which is subject to the tax levied and imposed by this subtitle shall be presented to the Clerk of the Circuit Court for Baltimore City for recordation among the Land Records of Baltimore City unless and until such tax shall have been paid to the Director of Finance. (b) When the Director of Finance shall determine that a particular transfer is not subject to the tax levied and imposed by this subtitle, he shall so indicate by legend or notation on the written instrument intending to effect such transfer. *History: Ord. 63-048* *History: Ord. 76-141* *History: Ord. 76-151* ##### § 17-10 Interest and civil penalties. Balt., Md., Code art. 28, § 17-10 (2026) In the event any written instrument intending to effect a transfer subject to the tax levied and imposed under this subtitle is recorded by the Clerk of the Circuit Court for Baltimore City without such tax having been first paid, the person and/or other legal entity liable for the payment of such tax shall be assessed by the Director of Finance of Baltimore City for: (1) the amount of the tax due; (2) plus interest at the rate of ½% per month, or fractional part thereof, accounting from the date when such written instrument was received for recordation; and (3) a penalty of 10% of the tax due. *History: Ord. 63-048* *History: Ord. 76-141* *History: Ord. 76-151* ##### § 17-11 Liability for tax. Balt., Md., Code art. 28, § 17-11 (2026) (a) The tax levied and imposed by this subtitle, and all increases, interest, and penalties thereon, shall be and become, from the time due and payable, the debt of the legal and equitable transferors and transferees, jointly and severally, of the property affected by or involved in any written instrument intending to effect a transfer subject to such tax. (b) Except that, in the case of transfers by the United States, the State of Maryland, or any political subdivision thereof, or the Mayor and City Council of Baltimore, or any instrumentality or agency of said respective bodies politic, which transfers are not exempt under § 17-7 of this subtitle, the tax levied and imposed by this subtitle, and all increases, interest and penalties thereon, shall be and become, from the time due and payable, the debt of the legal and equitable transferees only, and shall not become the debt of any of the aforementioned bodies politic or any instrumentality or agency thereof. *History: Ord. 63-048* *History: Ord. 72-089* ##### § 17-12 Administration of subtitle. Balt., Md., Code art. 28, § 17-12 (2026) (a) In order to properly carry out and enforce the provisions of this subtitle and to collect the tax levied and imposed hereunder, the Director of Finance is hereby authorized and empowered: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to make, adopt, promulgate, and amend, from time to time, such rules and regulations as he may deem necessary or proper: (i) to carry out and enforce the provisions of this subtitle; (ii) to fully collect the tax imposed by this subtitle; and (iii) to define or construe any of the terms and provisions used in this subtitle in connection with the imposition or collection of said tax; (2) with the approval of the City Solicitor: (i) to compromise disputed claims in connection with the tax levied and imposed by this subtitle; and (ii) for good and sufficient causes shown, to abate or remit interest and penalties and to rebate and refund any taxes erroneously or improperly paid; (3) to delegate any of his powers, duties, and functions under the provisions of this subtitle to the City Collector or any other agent, representative, or employee of the Mayor and City Council of Baltimore; (4) to conduct investigations concerning any matter covered by this subtitle and, at any time and in connection therewith, to require by subpoena or summons the attendance and testimony of witnesses and the production of any books, accounts, records, papers, and correspondence relating to any matter which the Director of Finance is authorized by this subtitle to determine; and (5) to sign subpoenas, administer oaths, and affirmations, examine witnesses, and receive evidence. (b) In case of disobedience of any subpoena or the contumacy of any witness appearing before the Director of Finance, or his duly authorized agent or representative, the Director of Finance may apply to the Circuit Court for Baltimore City for an order requiring the person subpoenaed to obey the subpoena or to give evidence or to produce books, accounts, records, papers, and correspondence touching the matter in question. (c) (1) No person shall be excused from testifying or producing any books, papers, records, or data in any investigation or upon any hearing when ordered to do so by the Director of Finance or his duly authorized agent or representative, upon the ground that the testimony or evidence, documentary or otherwise, may tend to incriminate him or subject him to criminal penalty, but no such testimony or evidence, documentary or otherwise, shall be used in any subsequent prosecution against the individual supplying the same. (2) No individual so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. *History: Ord. 63-048* *History: Ord. 76-141* *History: Text Conformed 02/25/21* ##### § 17-13 Appeals. Balt., Md., Code art. 28, § 17-13 (2026) (a) In the event that any person or other legal entity who is legally liable for the payment of the tax levied and imposed by this subtitle is aggrieved by any determination, decision, order, or notice of any kind which is made, rendered, issued, or given under the provisions of this subtitle, such person or other legal entity, within 20 days after notice of any such determination, decision, order, or notice has been given to or mailed to such person or other legal entity, shall have the right to appeal therefrom to the Board of Municipal and Zoning Appeals for review by it. (b) Upon reasonable notice in accordance with its rules and the provisions of the Baltimore City Charter, the Board: (1) shall hold a hearing; and (2) by a majority vote thereof, shall have the power and authority to reverse or affirm, wholly or partly, or modify the determination, decision, order, or notice appealed from. (c) (1) A person aggrieved by a determination of the Board of Municipal and Zoning Appeals under this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 63-048* *History: Ord. 04-672* *History: Ord. 19-332* ##### § 17-14 Court Clerk not responsible for collections. Balt., Md., Code art. 28, § 17-14 (2026) Nothing contained in this subtitle shall be taken or construed as imposing any duty or liability upon the Clerk of the Circuit Court for Baltimore City in connection with the imposition, payment or collection of the tax imposed by this subtitle, or the administration or enforcement of the provisions of this subtitle. *History: Ord. 63-048* ##### § 17-15 Balt., Md., Code art. 28, § 17-15 (2026) Reserved ##### § 17-16 Criminal penalties. Balt., Md., Code art. 28, § 17-16 (2026) (a) Any person or other legal entity who: (1) willfully offers to the Clerk of the Circuit Court for Baltimore City for recordation or who has recorded any written instrument intending to effect a transfer subject to the tax levied and imposed under this subtitle without first having paid the tax imposed by this subtitle; (2) willfully misrepresents the amount of value of the consideration constituting the taxable basis in a transfer of property subject to the tax levied and imposed under this subtitle; (3) participates or aids in any manner in the evasion of the tax levied and imposed by this subtitle; (4) willfully violates any of the rules or regulations made, adopted or promulgated by the Director of Finance under the provisions of this subtitle; or (5) willfully violates any of the provisions of this subtitle, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each and every such offense. (b) Any person who forges or counterfeits any official receipt or legend or the signature of the Director of Finance, or facsimile thereof, or of his duly authorized representative, or who in any manner affixes or causes to be affixed any such forged or counterfeit receipt, legend, or signature to any written instrument intending to effect a transfer subject to the tax levied and imposed under this subtitle, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or be imprisoned for not more than 6 months, or both, in the discretion of the Court, for each and every such offense. *History: Ord. 63-048* *History: Ord. 76-141* *History: Ord. 81-367* #### Subtitle 17.1 – Recordation and Transfer Taxes – Yield Excise Tax ##### § 17.1-1 Tax imposed. Balt., Md., Code art. 28, § 17.1-1 (2026) (a) An excise tax, to be known as the Yield Tax, shall be levied and collected based upon the tax yield from any transaction for which recordation taxes and transfer taxes are due pursuant to Subtitles 16 and 17 of this article. (b) (1) The Yield Tax does not apply to: (i) any mortgage or deed of trust recorded within 6 months of the effective date of this subtitle and securing a loan the proceeds of which will provide funding for the construction and completion to the issuance of a certificate of use and occupancy of a project and for which a full but not a partial building permit has been issued prior to the effective date of this subtitle; or (ii) any deed and any purchase money mortgage or deed of trust related thereto for the conveyance of a residential property to be occupied by the grantee of such deed and which deed is delivered pursuant to a bona fide contract of sale that has been entered into between the grantor and grantee of such deed within 2 years of the effective date of this subtitle. (2) The facts to substantiate the foregoing exemptions shall be set forth in an affidavit made on personal knowledge of the affiant and under penalties of perjury on forms to be furnished by the Director of Finance and including supporting documents that verify compliance with the requirement for the exemption. *History: Ord. 18-215* ##### § 17.1-2 Transactions assessed; Tax rate. Balt., Md., Code art. 28, § 17.1-2 (2026) (a) The Yield Tax shall be assessed on those transactions whose value exceeds $1 million, as determined by Subtitles 16 and 17 of this article for the purposes of calculating the recordation and transfer taxes respectively. (b) The rate of tax shall be as follows: (1) 15% on the amount collected under Subtitle 16 of this article; and (2) 40% on the amount collected under Subtitle 17 of this article. *History: Ord. 18-215* *History: Ord. 19-233* ##### § 17.1-3 Dedication of tax proceeds. Balt., Md., Code art. 28, § 17.1-3 (2026) Proceeds from the tax imposed by this subtitle up to $16 million, and one-half of the proceeds in excess of $16 million, if any, shall be deposited in the continuing, nonlapsing fund created by City Charter, Article I, § 14 {“Affordable Housing Trust Fund”}, to be used exclusively for the purposes specified in that section, subject to appropriation pursuant to the annual Ordinance of Estimates. *History: Ord. 18-215* ##### § 17.1-4 Interest and civil penalties. Balt., Md., Code art. 28, § 17.1-4 (2026) In the event that the tax levied and imposed under this subtitle is not paid as required by this subtitle, the person and/or other legal entity liable for the payment of that tax shall be assessed by the Director of Finance for: (1) the amount of the tax due; (2) interest at the rate of ½% for each month or fraction of a month, accounting from the date when such written instrument was received for recordation; and (3) a penalty of 10% of the tax due. *History: Ord. 18-215* ##### § 17.1-5 Liability of transferors and transferees. Balt., Md., Code art. 28, § 17.1-5 (2026) The tax levied and imposed by this subtitle, and all increases, interest, and penalties thereon, shall be and become, from the time due and payable, the debt of the legal and equitable transferors and transferees, jointly and severally, of the property subject to the recordation and transfer taxes upon which the Yield Tax is calculated. *History: Ord. 18-215* ##### § 17.1-6 Administration of subtitle. Balt., Md., Code art. 28, § 17.1-6 (2026) In order to properly carry out and enforce the provisions of this subtitle and to collect the tax levied and imposed by this subtitle, the Director of Finance is hereby authorized and empowered: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, to make, adopt, promulgate, and amend, from time to time, such rules and regulations as he may deem necessary or proper: (i) to carry out and enforce the provisions of this subtitle; (ii) to fully collect the tax imposed by this subtitle; and (iii) to define or construe any of the terms and provisions used in this subtitle in connection with the imposition or collection of that tax; (2) with the approval of the City Solicitor: (i) to compromise disputed claims in connection with the tax levied and imposed by this subtitle; and (ii) for good and sufficient causes shown, to abate or remit interest and penalties and to rebate and refund any taxes erroneously or improperly paid; and (3) to delegate any of his powers, duties, and functions under the provisions of this subtitle to the City Collector. *History: Ord. 18-215* *History: Text Conformed 02/25/21* ##### § 17.1-7 Criminal penalties. Balt., Md., Code art. 28, § 17.1-7 (2026) Any person who participates or aids in any manner in the evasion of the tax levied and imposed by this subtitle or who willfully violates any provision of this subtitle or of the rules and regulations adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. *History: Ord. 18-215* #### Subtitle 18 – Local Income Tax ##### § 18-1 Tax imposed. Balt., Md., Code art. 28, § 18-1 (2026) A local income tax is levied and imposed on each resident of Baltimore City. *History: Ord. 71-1061* *History: Ord. 99-526* ##### § 18-2 Rate of tax. Balt., Md., Code art. 28, § 18-2 (2026) For each calendar year, the tax rate is 3.2% of an individual’s Maryland taxable income for that year. *History: Ord. 71-1061* *History: Ord. 99-526* *History: Ord. 01-180* *History: Ord. 10-294* ##### § 18-3 Administration. Balt., Md., Code art. 28, § 18-3 (2026) The income tax imposed by this subtitle: (1) shall be collected in the same manner and at the same time as the income tax imposed by the State is collected; and (2) shall be administered in accordance with, and subject to, the applicable provisions of the State Tax-General Article. *History: Ord. 71-1061* #### Subtitle 19 – Admissions and Amusement Tax ##### § 19-1 Tax on admissions. Balt., Md., Code art. 28, § 19-1 (2026) (a) Except as otherwise provided in this section, there is levied and imposed a tax at the rate of 10% of the gross receipts derived from any admissions and amusement charge as defined in State Tax-General Article § 4-101(b). (b) For any theater included on the National Register of Historic Places, the rate shall be 5% of the gross receipts. (c) For any single-screen movie theater that rents or leases its motion picture film through commercial distribution, the rate shall be 5% of the gross receipts. *History: Ord. 69-510* *History: Ord. 70-754* *History: Ord. 70-763* *History: Ord. 70-820* *History: Ord. 70-920* *History: Ord. 70-929* *History: Ord. 71-1055* *History: Ord. 72-113* *History: Ord. 82-719* *History: Ord. 82-776* *History: Ord. 82-779* *History: Ord. 89-304* *History: Ord. 90-501A* *History: Ord. 93-221* ##### § 19-2 Tax on reduced charges. Balt., Md., Code art. 28, § 19-2 (2026) In the City of Baltimore, there is levied and imposed a tax on reduced charges or free admissions, as set forth in State Tax-General Article § 4-105(f). *History: Ord. 69-510* *History: Ord. 70-754* *History: Ord. 70-763* *History: Ord. 70-820* *History: Ord. 70-920* *History: Ord. 70-929* *History: Ord. 71-1055* *History: Ord. 72-113* *History: Ord. 82-719* *History: Ord. 82-776* *History: Ord. 82-779* *History: Ord. 89-304* *History: Ord. 90-501A* *History: Ord. 93-221* ##### § 19-3 Exemptions – Community associations; restaurants. Balt., Md., Code art. 28, § 19-3 (2026) The following are exempt from the tax imposed by this subtitle: (1) the gross receipts of not-for-profit community associations, as defined in State Tax-General Article § 4-104; and (2) restaurants that provide entertainment consisting solely of an individual roving performer whose act does not employ and is not dependent on the use of amplified sound for entertaining patrons within the restaurant. *History: Ord. 69-510* *History: Ord. 70-754* *History: Ord. 70-763* *History: Ord. 70-820* *History: Ord. 70-920* *History: Ord. 70-929* *History: Ord. 71-1055* *History: Ord. 72-113* *History: Ord. 82-719* *History: Ord. 82-776* *History: Ord. 82-779* *History: Ord. 89-304* *History: Ord. 90-501A* *History: Ord. 93-221* *History: Ord. 96-043* *History: Ord. 02-462* ##### § 19-4 Exemptions – Arts and entertainment district. Balt., Md., Code art. 28, § 19-4 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Arts and entertainment district” has the meaning stated in State Economic Development Article, § 4-701. (3) “Arts and entertainment enterprise” has the meaning stated in State Economic Development Article, § 4-701. (4) “Director” means the Director of Finance or designee. (5) “Qualifying residing artist” has the meaning stated in Article 83A, § 4-701 of the Maryland Code. (b) Subject to the requirements of this section, the gross receipts from any admissions or amusement charge levied by a qualifying residing artist or arts and entertainment enterprise in an arts and entertainment district are exempt from the tax imposed by this subtitle. (c) (1) To be eligible for the exemption, the qualifying residing artist or arts and entertainment enterprise must register with the Director of Finance. (2) The registration shall be on the form and contain the information that the Director requires. (d) An exemption under this section applies only for 10 years from the date on which the qualifying residing artist or arts and entertainment enterprise registers with the Director. (e) The Director may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations to implement the provisions of this section; and (2) delegate powers, duties, or functions in connection with the administration of this section to any employee of the City. *History: Ord. 02-462* *History: Ord. 16-534* *History: Text Conformed 02/25/21* ##### § 19-5 Exemptions – Simulated slot machines. Balt., Md., Code art. 28, § 19-5 (2026) (a) In this section, “simulated slot machine” has the meaning stated in City Code Article 15 {“Licensing and Regulation”}, § 2-11 {“Definitions”}. (b) The tax imposed by this subtitle does not apply to the gross receipts from a simulated slot machine that is licensed and registered as required by City Code Article 15 {“Licensing and Regulation”}, Subtitle 2 {“Amusements”}, Part 3 {“Amusement Devices”}. *History: Ord. 10-337* #### Subtitle 20 – Beverage Container Tax ##### § 20-1 Definitions. Balt., Md., Code art. 28, § 20-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Beverage” means, except as specified in paragraph (2) of this subsection, any of the following: (i) any beer, ale, or other malt beverage; (ii) any distilled spirits; (iii) any wine, wine cooler, or other wine product; (iv) any fruit juice with less than 10% natural fruit juice content; (v) any ready-to-drink tea; (vi) any soda water, carbonated water, natural or artificial mineral water, or natural or spring water; and (vii) any soft drink, including: (A) cola, ginger ale, root beer, or sarsparilla; or (B) any other carbonated or uncarbonated beverage commonly known as a “soft drink”. (2) “Beverage” does not include: (i) any dairy products; (ii) any nondairy, milk-substitute products, such as soy milk, hazelnut or other nut milk, rice or other grain milk, and the like; (iii) any beverage containing at least 10% natural fruit juices; or (iv) any beverage in a container of 2 liters or larger. (c) (1) “Dealer” means any person who engages in the retail sale of beverages subject to this subtitle. (2) “Dealer” includes: (i) any business that permits on-premises consumption of beverages; (ii) any distributor engaged in casual retail sales of beverages; (ii) any operator of a vending machine from which beverages are sold; and (iii) any individual outlet in the City of a multiple-outlet retail chain store. (d) “Director” means the Director of Finance or a designee of the Director of Finance. (e) “Distributor” means: (1) any person who supplies non-reusable beverage containers to a dealer in the City; (2) any person who supplies and services vending machines in the City with non-reusable beverage containers; and (3) any multiple-outlet retail chain store that supplies non-reusable beverage containers to its individual outlets in the City. (f) (1) “Non-reusable beverage container” means any individual, separate, and sealed glass, metal, or plastic bottle, can, jar, or carton that: (i) contains a beverage; and (ii) is not ordinarily collected from consumers for refilling with a beverage. (2) A beverage container is not considered reusable if: (i) it is physically incapable of reuse; or (ii) it is the type for which: (A) no deposit is required to be paid by the consumer; and (B) no refund is payable to the consumer by the dealer. (g) (1) “Supply” means to provide, furnish, deliver, distribute, or transmit. (2) For purposes of this subtitle, the act of supplying non-reusable beverage containers to a dealer operating in the City is completed, and tax liability accrues, on receipt of the products by the dealer in the City. *History: Ord. 10-343* *History: Ord. 22-125* ##### § 20-2 Tax imposed. Balt., Md., Code art. 28, § 20-2 (2026) A tax is imposed on every distributor who supplies to a dealer operating in the City any non-reusable beverage containers. *History: Ord. 10-343* ##### § 20-3 Amount of tax. Balt., Md., Code art. 28, § 20-3 (2026) The amount of the tax imposed is 5¢ per non-reusable beverage container. *History: Ord. 10-343* *History: Ord. 12-045* ##### § 20-4 When payable; monthly reports. Balt., Md., Code art. 28, § 20-4 (2026) (a) The tax imposed by this subtitle: (1) is due when the dealer receives the non-reusable beverage containers; and (2) must be paid on or before the 25th day of the month following the month in which the dealer received the non-reusable beverage container. (b) (1) The distributor must remit the tax to the Director of Finance, together with a monthly report of all non-reusable beverage containers that the distributor supplied to dealers operating in the City. (2) The report must be in a form the Director approves. *History: Ord. 10-343* ##### § 20-5 Dealer self-transport. Balt., Md., Code art. 28, § 20-5 (2026) (a) If any dealer transports non-reusable beverage containers into the City or causes non-reusable beverage containers to be transported into the City, the dealer is liable for the payment of the tax imposed by this subtitle, together with all applicable interest and penalties, unless the dealer obtains from the supplier of the products a written certification that the supplier is liable for and is paying the tax. (b) The certification must be in a form the Director approves. *History: Ord. 10-343* ##### § 20-6 Records. Balt., Md., Code art. 28, § 20-6 (2026) Every distributor and every dealer must: (1) keep complete and accurate records of all transactions involving non-reusable beverage containers, as necessary or otherwise required by the Director to determine whether all taxes due under this subtitle have been paid; and (2) make these records available, at all times during business hours, for inspection and audit by the Director. *History: Ord. 10-343* ##### § 20-7 Interest and civil penalties. Balt., Md., Code art. 28, § 20-7 (2026) If a distributor fails to pay the tax imposed by this subtitle when due, the distributor must pay the Director, in addition to the tax due: (1) interest at the rate of 1% for each month or fraction of a month that the tax is overdue; and (2) a penalty of 10% of the amount of the tax due. *History: Ord. 10-343* ##### § 20-8 Tax determination by Director. Balt., Md., Code art. 28, § 20-8 (2026) (a) If any person fails to make the report and remit the tax when due and fails to keep suitable records as required under this subtitle, the Director of Finance may attempt to obtain other available information on which to base an estimate of the tax due. (b) As soon as the Director obtains this information, the Director may proceed to determine the tax due and assess that tax, plus interest and penalties, against the person liable for the tax. (c) (1) The Director may then notify the person by mail, sent to that person’s last known address, of the total amount of the tax, interest, and penalties. (2) The total amount is payable within 10 days from the date of this notice. *History: Ord. 10-343* ##### § 20-9 Closing or sale of business. Balt., Md., Code art. 28, § 20-9 (2026) If a person required to pay a tax under this subtitle sells his, her, or its business or otherwise ceases to do business: (1) any tax payable under this subtitle becomes immediately due and payable; and (2) within 3 days of the sale or other cessation of business, that person must submit the required report and remit the total amount of the tax due. *History: Ord. 10-343* ##### § 20-10 Lien on property. Balt., Md., Code art. 28, § 20-10 (2026) The tax, interest, and penalties imposed by this subtitle are a lien on the property of any person liable for their payment. *History: Ord. 10-343* ##### § 20-11 Rules and regulations. Balt., Md., Code art. 28, § 20-11 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations as necessary or appropriate to: (1) govern the payment, collection, and accounting of the tax imposed by this subtitle; (2) define any terms used in connection with the imposition and collection of the tax imposed under this subtitle; (3) provide for the credit of any tax paid on returned products; (4) provide for the refund of any tax, interest, or penalty erroneously or illegally paid; and (5) otherwise administer, enforce, and carry out this subtitle. *History: Ord. 10-343* *History: Text Conformed 02/25/21* ##### § 20-12 Balt., Md., Code art. 28, § 20-12 (2026) Reserved ##### § 20-13 Penalties. Balt., Md., Code art. 28, § 20-13 (2026) Any person who violates any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 10-343* #### Subtitle 21 – Hotel Room Tax ##### § 21-1 Definitions. Balt., Md., Code art. 28, § 21-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Gross amounts of money” means the total gross payments of any kind or character (including cash, credit, property, and services), whether received in money or otherwise, without any deduction for charges or other amounts for any services necessary to complete the transaction. (c) “Hotel” means a building containing sleeping accommodations for more than 5 persons and open to the transient public. (d) “Owners or operators of hotels” means any person: (1) possessing or having an ownership interest in a hotel; (2) engaged in the business of operating a hotel; or (3) receiving any consideration for the rental of a hotel room for sleeping accommodations, including, without limitation, any broker, service provider, or other intermediary: (i) with which a hotel has contracted to arrange for the rental of a hotel room for sleeping accommodations; or (ii) that has acquired any hotel room for subsequent rental from the hotel for sleeping accommodations. (e) “Short-term residential rental” and related terms (such as “booking transaction”, “dwelling unit”, “host”, “hosting platform”, and “transient guest”) have the respective meanings stated in City Code Article 15, Subtitle 48 {“Short-Term Residential Rentals”}. (f) “Transient guest or tenant” means a person or persons renting, using, or occupying a room or rooms for fewer than 90 consecutive days: (1) in a hotel for sleeping accommodations; or (2) in a dwelling unit for a short-term residential rental. *History: Ord. 57-1096* *History: Ord. 80-028* *History: Ord. 82-705* *History: Ord. 89-319* *History: Ord. 07-495* *History: Ord. 19-217* ##### § 21-2 Tax imposed. Balt., Md., Code art. 28, § 21-2 (2026) A tax of 9.5%, to be paid and collected as provided in this subtitle, is levied and imposed on all gross amounts of money that are: (1) paid to the owners or operators of hotels in the City by transient guests or tenants for renting, using, or occupying a room or rooms for sleeping accommodations; (2) paid to hosting platforms by transient guests for booking or otherwise facilitating short-term residential rentals; or (3) paid to hosts by transient guests for providing short-term residential rentals. *History: Ord. 57-1096* *History: Ord. 80-028* *History: Ord. 82-705* *History: Ord. 89-319* *History: Ord. 94-378* *History: Ord. 04-845* *History: Ord. 07-495* *History: Ord. 10-299* *History: Ord. 19-217* ##### § 21-3 Balt., Md., Code art. 28, § 21-3 (2026) Reserved ##### § 21-4 Collections. Balt., Md., Code art. 28, § 21-4 (2026) (a) Every person, firm, association, or corporation subject to the tax imposed by § 21-2 {“Tax imposed”} of this subtitle: (1) shall collect the tax levied and imposed by this subtitle from the persons paying the rental or other charges for the use or occupancy of any room or rooms for sleeping accommodations; and (2) shall pay the tax to the Director of Finance on or before the 25th day of each month. (b) At the same time that any such payment is made to the Director of Finance, the party making such payment shall file with the Director of Finance a statement, on such forms as may be prescribed by the Director of Finance, showing the amount of taxes collected during the preceding period, and setting forth such other data and information as may be required by the Director of Finance. *History: Ord. 57-1096* *History: Ord. 58-1386* *History: Ord. 76-141* *History: Ord. 07-495* *History: Ord. 19-217* ##### § 21-5 Interest and civil penalties. Balt., Md., Code art. 28, § 21-5 (2026) (a) (1) Any person, firm, association, or corporation that refuses or fails to collect the taxes imposed by this subtitle, or to make a proper return when due, or to pay the taxes collected over to the Director of Finance when due, is liable for and must pay to the Director, in addition to the tax due: (i) interest on the amount of tax due at the rate of 1% for each month or part of a month that the tax is overdue; and (ii) a penalty of: (A) if the tax is 30 to 59 days past due, 30% of the amount due; (B) if the tax is 60 to 89 days past due, 60% of the amount due; and (C) if the tax is 90 days or more past due, 100% of the amount due. (2) The penalty imposed by paragraph (1)(ii) of this subsection applies to all unpaid taxes regardless of the original date on which the unpaid taxes first became due. (b) This interest and penalty shall be collected as a part of the tax itself. *History: Ord. 57-1096* *History: Ord. 58-1386* *History: Ord. 76-141* *History: Ord. 84-016* *History: Ord. 10-299* *History: Ord. 11-561* ##### § 21-6 Refunds. Balt., Md., Code art. 28, § 21-6 (2026) (a) Whenever any person erroneously, illegally, or unconstitutionally has paid the tax imposed by this subtitle, or whenever any person has paid the tax imposed by this subtitle in connection with a room or rooms in a hotel which such person has rented, used, or occupied for a period of 90 consecutive days or more, the Director of Finance shall refund the amount of such tax so paid upon receipt by him of a properly executed application stating good and sufficient grounds for any such refund. (b) Any such application: (1) must be filed within 3 years from the date when the tax is paid; (2) must contain such information and be in such form as may be required or approved by the Director of Finance; and (3) must be signed by both the persons having paid the tax and the proper officer or officers of the particular hotel involved. *History: Ord. 61-908* *History: Ord. 76-141* ##### § 21-7 Conveyance of hotel business. Balt., Md., Code art. 28, § 21-7 (2026) (a) (1) Whenever any person, firm, association, or corporation owning or operating any hotel business in Baltimore City shall sell, transfer, convey, or assign any such hotel business, the purchaser, transferee, or assignee thereof shall, at least 10 days before taking possession or control of such hotel business or paying therefor, notify the Director of Finance by registered mail of the proposed sale, transfer, conveyance, or assignment and of the price, terms, and conditions thereof. (2) The said notice shall be given to the Director of Finance: (i) whether or not the vendor, transferor, or assignor has represented to or informed the purchaser, transferee, or assignee that it owes any tax under the terms and provisions hereof; and (ii) whether or not the purchaser, transferee, or assignee has knowledge that such taxes are in fact owing. (b) (1) Whenever the purchaser, transferee, or assignee shall fail to give the said notice to the Director of Finance, as required by the terms and provisions hereof, or whenever the Director of Finance shall inform the purchaser, transferee, or assignee that a possible claim for such tax exists, any sums of money, property, or choses in action, or other consideration which the purchaser, transferee, or assignee is obligated to pay or transfer to the vendor, transferor, or assignor shall be subject to a first priority, right, and lien for said taxes theretofore or thereafter determined to be due from the vendor, transferor, or assignor to the City. (2) The purchaser, transferee, or assignee is forbidden to pay or transfer to the vendor, transferor, or assignor any of the aforementioned sums of money, property, or choses in action to the extent of the amount of the City’s claim for unpaid taxes due under the terms and provisions hereof. (c) For failure to comply with the terms and provisions of this section, the purchaser, transferee, or assignee: (1) shall be personally liable for the payment to the City of said taxes theretofore or thereafter determined to be due to the City from the vendor, transferor, or assignor, in the same manner and to the same extent as the vendor, transferor, or assignor; and (2) in addition thereto shall also be subject to the criminal penalties set forth in § 21-10. *History: Ord. 65-683* ##### § 21-8 Administration of subtitle. Balt., Md., Code art. 28, § 21-8 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance is hereby authorized to adopt or promulgate such rules and regulations as he may deem necessary or proper: (1) pertaining to the payment, collection, and accounting of the taxes levied and imposed by this subtitle; or (2) in connection with the administration and enforcement of the provisions of this subtitle. (b) In addition to the powers granted to the Director of Finance in connection with the collection of the tax imposed by this subtitle, he is hereby authorized and empowered: (1) to compromise disputed claims in connection with the tax imposed by this subtitle and, for good and sufficient causes shown, to remit interest and penalties; (2) to delegate any of his powers, duties, and functions in connection with the collection of the tax imposed by this subtitle and the enforcement of the provisions relating thereto to the City Collector or any other agent, representative, or employee of the Mayor and City Council of Baltimore; and (3) to extend for good cause shown the time for filing any return required to be filed under this subtitle and for such period of time as he may deem reasonable. *History: Ord. 57-1096* *History: Ord. 58-1386* *History: Ord. 76-141* *History: Text Conformed 02/25/21* ##### § 21-9 Balt., Md., Code art. 28, § 21-9 (2026) Reserved ##### § 21-10 Criminal penalties. Balt., Md., Code art. 28, § 21-10 (2026) The willful refusal on the part of any person, firm, association, or corporation to collect the said taxes, file proper returns when due, or pay the taxes collected by him or it over to the Director of Finance when due, as required by this subtitle or by regulations of the Director of Finance adopted pursuant hereto, or the filing of a return known to be false or incomplete, shall be a misdemeanor, and any person, firm, association, or corporation convicted thereof shall be subject to a fine of not more than $500 or imprisonment not exceeding 6 months, or to both fine and imprisonment, in the discretion of the Court. *History: Ord. 57-1096, 1957-58* *History: Ord. 76-141* #### Subtitle 22 – Parking Tax ##### § 22-1 Definitions. Balt., Md., Code art. 28, § 22-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Director” means the City Director of Finance. (c) “Facilitator” means a business entity that makes parking spaces in the City available for use by a person through an online, mobile, or other third-party booking platform: (1) for a certain amount of time; and (2) for a fee. (d) “Garage” means any structure or part of a structure for the parking of 3 or more motor vehicles in exchange for a fee or other consideration. (e) “Motor vehicle” means: (1) any self-propelled vehicle; and (2) any other vehicle required to be registered under the laws of this State or of any other state. (f) “Operator” means any person who controls, conducts, or operates a parking lot or garage. (g) “Parking” means any parking, storing, housing, or keeping of a motor vehicle, whether self-service, valet-service, long-term, short-term, ticketed metered, through coordination with a facilitator, for special events only, or otherwise. (h) “Parking lot” means any outdoor area or space for the parking of 3 or more motor vehicles in exchange for a fee or other consideration. (i) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. (j) “Transaction” means the parking of a motor vehicle on a parking lot or in a garage in exchange for a fee or other consideration. *History: Ord. 68-146* *History: Ord. 89-318* *History: Ord. 01-271* *History: Ord. 11-572* *History: Ord. 22-125* *History: * ##### § 22-2 Tax imposed. Balt., Md., Code art. 28, § 22-2 (2026) (a) A tax is levied and imposed on the privilege of parking a motor vehicle on any parking lot or in any garage in the City in exchange for a fee or other consideration paid by the parker or by another on the parker’s behalf. (b) The ultimate liability for payment of the tax is on the person who seeks the privilege of occupying a space on a parking lot or in a garage. *History: Ord. 68-146* *History: Ord. 68-253* *History: Ord. 69-474* *History: Ord. 70-867* *History: Ord. 81-368* *History: Ord. 89-318* *History: Ord. 99-526* *History: Ord. 01-271* ##### § 22-3 Rate of tax. Balt., Md., Code art. 28, § 22-3 (2026) (a) For all parking, whether on an hourly, daily, weekly, monthly, or longer basis, the tax is 20% of any fee or other consideration received, directly or indirectly, by the operator of the parking lot or garage or the facilitator, for or in connection with that parking. (b) Through the fiscal year ending June 30, 2020, the rate of the tax imposed under this subtitle may not be modified to exceed the rate in effect for the fiscal year ending June 30, 2014. *History: Ord. 68-146* *History: Ord. 68-253* *History: Ord. 69-474* *History: Ord. 70-867* *History: Ord. 81-368* *History: Ord. 89-318* *History: Ord. 96-050* *History: Ord. 99-526* *History: Ord. 01-271* *History: Ord. 08-070* *History: Ord. 10-301* *History: Ord. 13-134* *History: * ##### § 22-4 Exceptions. Balt., Md., Code art. 28, § 22-4 (2026) (a) The tax imposed by this subtitle does not apply to residential parking by: (1) the tenant of a single-family dwelling, multi-family dwelling, or apartment dwelling, if the parking is provided for in the lease or in a separate agreement between the landlord and the tenant, whether the parking fee or other consideration is paid to the landlord or to the operator of the parking lot or garage; or (2) the owner or occupant of a condominium unit, if the parking is provided for in an agreement between the condominium association and the owner or occupant, whether the parking fee or other consideration is paid to the condominium association or to the operator of the parking lot or garage. (b) The tax imposed by this subtitle does not apply to publicly owned metered parking spaces. (c) Nonprofit parking lot operators whose monthly parking fee is less than or equal to the monthly parking tax may apply to the Board of Estimates for a reduction of their tax burden. *History: Ord. 68-253* *History: Ord. 69-474* *History: Ord. 70-867* *History: Ord. 81-368* *History: Ord. 89-318* *History: Ord. 01-271* ##### § 22-5 Collection and remittance. Balt., Md., Code art. 28, § 22-5 (2026) (a) (1) (i) Except as provided in paragraph (2) of this subsection, the operator of the parking lot or garage or the facilitator, must collect the tax imposed by this subtitle from the person seeking the privilege of parking. (ii) The operator or the facilitator, must collect the tax at the same time that the operator or the facilitator collects any fee or other consideration charged for parking, whether that fee or other consideration is charged on an hourly, daily, weekly, monthly, or other basis. (b) The tax imposed by this subtitle must be remitted to the Director on or before the 25th day of the month following the month in which the transaction occurred. (c) (1) Each remittance must be accompanied by a report of all transactions for the month. (2) The report must: (i) be in the form the Director requires; (ii) identify, for each parking lot and garage, its name, address, account number, capacity, parking fees or rate schedule, and number and type of transactions; and (iii) contain any other information the Director requires. *History: Ord. 68-146* *History: Ord. 89-318* *History: Ord. 01-271* *History: Ord. 13-098* *History: * ##### § 22-6 Interest and civil penalties. Balt., Md., Code art. 28, § 22-6 (2026) If an operator fails to remit the tax imposed by this subtitle when due, the operator must pay the Director, in addition to the tax due: (1) interest at the rate of 1% for each month or fraction of a month that the tax is overdue; and (2) a penalty of 10% of the amount of the tax due. *History: Ord. 68-146* *History: Ord. 84-016* *History: Ord. 89-318* *History: Ord. 01-271* ##### § 22-7 Records. Balt., Md., Code art. 28, § 22-7 (2026) (a) Every operator of a parking lot or garage must: (1) keep complete and accurate records of all motor vehicles parked on an hourly, daily, weekly, monthly, or other basis, together with the amount of tax collected from all transactions; (2) keep all claim checks and other pertinent records as necessary to determine the amount of tax due; and (3) make these records available, at all times, during business hours, for inspection and audit by the Director of Finance or other authorized agent, employee, or representative of the City. (b) (1) Within 120 days after the end of an operator’s fiscal year, the operator must file a financial report for that fiscal year with the City Auditor and the Director of Finance. (2) The report must be: (i) prepared in accordance with generally accepted accounting principles, consistently applied; and (ii) certified by a public accountant. (3) The report must include: (i) balance sheets; (ii) statements of operation; and (iii) statements of changes in financial position and owners’ equity. (4) If the operator is required by its lenders or investors to obtain an audited and certified annual report. the operator must furnish a copy of that report to the City Auditor and the Director of Finance within 30 days of its receipt by the operator. (c) If any operator fails to keep records from which the tax imposed by this subtitle can be accurately computed, the Director of Finance may compute the amount of tax due by using a factor developed by surveying other operators of a similar type, or otherwise. The Director’s computation is prima facie correct. *History: Ord. 68-146* *History: Ord. 89-318* *History: Ord. 01-271* ##### § 22-8 Rules and regulations. Balt., Md., Code art. 28, § 22-8 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations as necessary or appropriate to: (1) govern the payment, collection, and accounting of the tax imposed by this subtitle; (2) define any terms used in connection with the imposition and collection of the tax; (3) provide for the compromise of disputed claims and, for good and sufficient cause shown, the waiver of interest and penalties; (4) provide for the refund of any tax, interest, or penalty erroneously or illegally paid; and (5) otherwise administer, enforce, and carry out this subtitle. *History: Ord. 68-146* *History: Ord. 89-318* *History: Ord. 01-271* *History: Text Conformed 02/25/21* ##### § 22-9 Delegation. Balt., Md., Code art. 28, § 22-9 (2026) (a) Except as provided in subsection (c) of this section, the Director of Finance may delegate any of his or her powers, duties, and functions under this subtitle to: (1) any agent, representative, or employee of the Department of Finance; (2) any other agency or unit of City government; or (3) the Baltimore City Parking Authority. (b) (1) A delegation under this section must be made in writing. (2) For a delegation under subsection (a)(2) or (3) of this section, a copy of the writing must be filed with the Board of Estimates before it becomes effective. (c) Rules and regulations under this subtitle may only be adopted by the Director of Finance. *History: Ord. 68-146* *History: Ord. 89-318* *History: Ord. 01-271* ##### § 22-10 Balt., Md., Code art. 28, § 22-10 (2026) Reserved ##### § 22-11 Prohibited conduct. Balt., Md., Code art. 28, § 22-11 (2026) The operator of a parking lot or garage may not: (1) fail, neglect, or refuse to collect or remit the tax imposed by this subtitle; (2) make any incomplete, false, or fraudulent return; (3) fail to keep complete and accurate records; (4) refuse to permit the Director or authorized agent, employee, or representative to inspect and audit the operator’s records; or (5) fail to fully comply with any rule or regulation adopted under this subtitle. *History: Ord. 68-146* *History: Ord. 69-474* *History: Ord. 70-867* *History: Ord. 89-318* *History: Ord. 01-271* ##### § 22-12 Criminal penalties. Balt., Md., Code art. 28, § 22-12 (2026) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 6 months or to both fine and imprisonment for each offense. *History: Ord. 68-146* *History: Ord. 69-474* *History: Ord. 70-867* *History: Ord. 89-318* *History: Ord. 01-271* #### Subtitle 23 – Pole License Fee ##### § 23-1 Scope of subtitle. Balt., Md., Code art. 28, § 23-1 (2026) It is hereby declared that nothing contained in this subtitle shall be deemed or held to apply to any pole bearing a public lamp or lamp used to light any street, lane, or alley, or other public place in the City. *History: Ord. 1894-089* ##### § 23-2 Identification and report. Balt., Md., Code art. 28, § 23-2 (2026) All persons and corporations having, using, or maintaining any telegraph, telephone, electric light, or other poles in any of the streets, lanes, or alleys of the City of Baltimore, shall: (1) annually, between May 15 and June 1, in each and every year, file with the Director of Transportation a list of all poles so used, possessed, or maintained by them, giving the accurate locations of each pole; and (2) shall also have stamped, painted, or printed, in legible characters, their name as owner upon each of such poles. *History: Ord. 1893-086* *History: Ord. 76-141* *History: Ord. 15-435* ##### § 23-3 Registration, fees, etc. Balt., Md., Code art. 28, § 23-3 (2026) (a) Annually in the 1st week of January, all persons or corporations shall pay to the Director of Finance a fee of $50 for each and every telephone, electric light, or other pole used, possessed, or maintained by them in any of the streets, lanes, or alleys of the City of Baltimore, except trolley poles used exclusively for stringing thereon wires for use in the propulsion, by electricity, of street passenger cars. (b) Upon receiving the above fee in January, 1948, and subsequent years: (1) the Director of Finance shall deliver to the person or corporation paying the same a permanent metal plate, with a plain and conspicuous number thereon, to be provided in the manner prescribed in § 23-4, only for such poles for which permanent metal plates have not been issued prior thereto; (2) the Director of Finance shall also keep a record of the name of the person or corporation to whom the license is issued, and the number of poles for which license fees are paid; and (3) he shall also deliver to such person or corporation a certificate that such person or corporation has paid the required license fee for that year, on the specified number of poles, and that permanent metal plates of the given numbers have been issued therefor. (c) Such person or corporation shall then have 1 of such permanent metal plates securely fastened in some conspicuous place upon each of the poles used, possessed, or maintained by it or him. *History: Ord. 1893-086* *History: Ord. 25-533* *History: Ord. 47-104* *History: Ord. 70-865* *History: Ord. 84-164* *History: Ord. 90-514* ##### § 23-4 Metal plates. Balt., Md., Code art. 28, § 23-4 (2026) (a) It shall be the duty of the Director of Finance on or before January 1, 1926, to purchase a sufficient number of permanent metal plates, numbered with plain conspicuous numbers, beginning with a given number for each person or corporation required to license its poles as hereinafter provided, and so on progressively, and on or before January 1, 1927, and subsequent years, to purchase a sufficient number of permanent metal plates, beginning with the number next succeeding that last issued to any person or corporation, or with a given number, if the person or corporation has had no licensed poles during 1926 or subsequent years, said permanent metal plates to be furnished as prescribed in § 23-3 to the persons or corporations using, possessing, or maintaining telegraph, telephone, electric light, or other poles other than trolley poles used exclusively for stringing wires thereon for use in the propulsion, by electricity, of street passenger cars. (b) The Director of Finance shall cause such permanent metal plates to display the initials or some other symbol denoting the person or corporation to which they are issued; the said plates to be of suitable size and description, in the discretion of the Director of Finance and to be paid for out of the appropriation for general licenses. (c) Provided that in the event any licensee shall replace any pole with another, he may transfer the license to such other pole. (d) And provided, further, that the Director of Finance may purchase and furnish without cost to the licensee, duplicate metal plates whenever in his judgment those in use have become illegible through natural wear and tear. *History: Ord. 1893-086* *History: Ord. 25-533* *History: Ord. 76-141* ##### § 23-5 Removal of noncomplying poles. Balt., Md., Code art. 28, § 23-5 (2026) All telegraph, telephone, electric light, and other poles in any of the streets, lanes, and alleys of the City (except trolley poles used exclusively for wires used in the propulsion of street passenger cars): (1) which have not been included in any list filed in accordance with § 23-2 with the Director of Transportation; or (2) upon which the name of the owner is not legibly painted, printed, or stamped; or (3) upon which the license fee has not been paid; or (4) on which the prescribed tin plate is not securely fastened in some conspicuous place, on or before June 15 in any year, shall be forthwith removed by its owner and, in default thereof, may be cut or taken down and removed from the streets by the Director of Transportation, in addition to the owner incurring the penalties provided in § 23-7 of this subtitle. *History: Ord. 1893-086* *History: Ord. 76-141* *History: Ord. 15-435* ##### § 23-6 Balt., Md., Code art. 28, § 23-6 (2026) Reserved ##### § 23-7 Criminal penalties. Balt., Md., Code art. 28, § 23-7 (2026) Any person or persons, or corporation using, possessing, or maintaining any telegraph, telephone, electric light, or other poles in any of the streets, lanes, and alleys of the City: (1) who fails to file a list of these poles with the Director of Transportation, as prescribed in § 23-2 of this subtitle; (2) who fails to have stamped, printed, or painted in legible characters, the owner’s name on each of these poles, as prescribed in§ 23-2 of this subtitle; (3) who, as required by § 23-3 of this subtitle: (i) fails to pay the prescribed fee for each pole; or (ii) fails to have the prescribed tin plate securely fastened in some conspicuous place *History: Ord. 1983-086* *History: Ord. 76-141* *History: Ord. 15-435* #### Subtitle 24 – Passenger-for-Hire Services ##### § 24-1 Definitions. Balt., Md., Code art. 28, § 24-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Finance Director” or “Director” means the Director of Finance or a designee of the Director of Finance. (c) “Operator” means any person who owns, controls, operates, or manages a passenger-for-hire service. (d) (1) “Passenger-for-hire service” means any taxicab service, limousine service, sedan service, or transportation network service that, for remuneration, transports passengers within or from Baltimore City. (2) “Taxicab service”, “limousine service”,“sedan service”, “transportation network service”, and “remuneration” have the meanings stated in the State Public Utilities Article § 10-101. (3) “Person” does not include a governmental entity or an instrumentality or unit of a governmental entity. *History: Ord. 13-135* *History: Ord. 17-068* *History: Ord. 20-342* *History: Ord. 22-125* ##### § 24-2 Tax imposed. Balt., Md., Code art. 28, § 24-2 (2026) An excise tax is levied and imposed on every person who operates a passenger-for-hire service within or from Baltimore City. *History: Ord. 47-121* *History: Ord. 51-087* *History: Ord. 13-135* *History: Ord. 20-342* ##### § 24-3 Amount of tax. Balt., Md., Code art. 28, § 24-3 (2026) The amount of the tax imposed is 38¢ for each trip: (1) between points within Baltimore City; or (2) from a point within Baltimore City to a point outside Baltimore City. *History: Ord. 13-135* *History: Ord. 20-342* *History: * ##### § 24-4 Exceptions. Balt., Md., Code art. 28, § 24-4 (2026) This subtitle does not apply to: (1) transportation services operated by or under contract with: (i) a unit of federal, state, or local government; or (ii) a nonprofit entity that is exempt from taxation under § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code; (2) an ambulance that is classified as a Class C (funeral and ambulance) vehicle under State Transportation Article § 13-914, is owned or operated by a licensed ambulance service or by a volunteer fire company or rescue squad, and is being used to transport an individual who is sick, injured, wounded, or otherwise incapacitated; or (3) a funeral limousine, coach, service wagon, or similar vehicle that is classified as a Class C (funeral and ambulance) vehicle under State Transportation Article § 13-914, is owned or operated by a licensed funeral establishment, funeral director, or mortician, and is being used to transport individuals to, from, or during a funeral service. *History: Ord. 47-121* *History: Ord. 51-087* *History: Ord. 13-135* ##### § 24-5 Remittance and reports. Balt., Md., Code art. 28, § 24-5 (2026) (a) (1) For a taxicab service, limousine service, or sedan service, the operator of that service must remit the tax imposed by this subtitle to the Finance Director on or before the 25th day of the month following the month in which the service was provided. (2) (i) Each remittance must be accompanied by a report of all service transactions for the month. (ii) The report must be in the form and contain the information that the Finance Director requires. (b) For a transportation network service, the tax imposed by this subtitle must be collected and remitted to the State Comptroller in accordance with State Public Utilities Article § 10-406(g). *History: Ord. 47-121* *History: Ord. 51-087* *History: Ord. 13-135* *History: Ord. 20-342* ##### § 24-6 Interest and civil penalties. Balt., Md., Code art. 28, § 24-6 (2026) If the operator fails to remit the tax imposed by this subtitle when due, the operator must pay the Finance Director, in addition to the tax due: (1) interest at the rate of 1% for each month or fraction of a month that the tax is overdue; and (2) a penalty of 10% of the amount of the tax due. *History: Ord. 47-121* *History: Ord. 13-135* ##### § 24-7 Records. Balt., Md., Code art. 28, § 24-7 (2026) Every operator must: (1) keep and maintain complete and accurate records of all passenger-for-hire services, as necessary or otherwise required by the Finance Director; and (2) make these records available, at all times during business hours, for inspection and audit by the Director of Finance or other authorized agent, employee, or representative of the City. *History: Ord. 47-121* *History: Ord. 76-141* *History: Ord. 13-135* ##### § 24-8 Tax determination by Director. Balt., Md., Code art. 28, § 24-8 (2026) (a) If any operator fails to make the report, remit the tax due, or keep records as required by this subtitle, the Finance Director may attempt to obtain other available information on which to base an estimate of the tax due. (b) As soon as the Director obtains this information, the Director may proceed to determine the tax due and assess that tax, plus interest and penalties, against the operator. (c) (1) The Director may then notify the operator by mail, sent to that operator’s last known address, of the total amount of the tax, interest, and penalties. (2) The total amount is payable within 10 days from the date of this notice. *History: Ord. 13-135* ##### § 24-9 Sale or closing of business. Balt., Md., Code art. 28, § 24-9 (2026) If an operator sells its business or otherwise ceases to do business: (1) any tax payable under this subtitle becomes immediately due and payable; and (2) within 3 days of the sale or other cessation of business, that operator must submit the required report and remit the total amount of the tax due. *History: Ord. 13-135* ##### § 24-10 Lien on property. Balt., Md., Code art. 28, § 24-10 (2026) The tax, interest, and penalties imposed by this subtitle are a lien on the property of any person liable for their payment. *History: Ord. 13-135* ##### § 24-11 Rules and regulations. Balt., Md., Code art. 28, § 24-11 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations as necessary or appropriate to: (1) govern the payment, collection, and accounting of the tax imposed by this subtitle; (2) define any terms used in connection with the imposition and collection of the tax imposed by this subtitle; (3) provide for the compromise of disputed claims and, for good and sufficient cause shown, the waiver of interest and penalties; (4) provide for the refund of any tax, interest, or penalty erroneously or illegally paid; and (5) otherwise administer, enforce, and carry out this subtitle. (b) The rules and regulations adopted under this subtitle may include standards and procedures by which an operating group or association, as described in COMAR 20.90.02.08 {“Operating Associations”}, may remit the taxes, submit the reports, and maintain the records otherwise required by this subtitle for and on behalf of taxicab service operators associated with that operating group or association. *History: Ord. 13-135* *History: Text Conformed 02/25/21* ##### § 24-12 Balt., Md., Code art. 28, § 24-12 (2026) Reserved ##### § 24-13 Penalties. Balt., Md., Code art. 28, § 24-13 (2026) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 47-121* *History: Ord. 76-141* *History: Ord. 13-135* #### Subtitle 25 – Public Utilities Taxes ##### Part 1 – Telecommunications Tax ###### § 25-1 Definitions. Balt., Md., Code art. 28, § 25-1 (2026) (a) In this Part 1, the following terms have the meanings indicated. (b) “Place of primary use” has the meaning stated in the Sourcing Act. (c) “Sourcing Act” means the federal Mobile Telecommunications Sourcing Act, 4 U.S.C. §§ 116 through 126 (Pub.L. 106-252). (d) “Telecommunications line” means a wired or wireless connection, identifiable by a unique telephone number, to an exchange, wireless, or other telecommunications service. (e) (1) “Wireless service” means any mobile telecommunications service, as that term is used in the Sourcing Act. (2) “Wireless service” includes any: (i) cellular telephone service; (ii) personal communication service (“PSC”); (iii) commercial mobile radio service (“CMRS”); or (iv) global system for mobile communications (“GSM”). *History: Ord. 04-726* *History: Ord. 22-125* ###### § 25-2 Tax imposed. Balt., Md., Code art. 28, § 25-2 (2026) A tax is levied and imposed on each person who leases, licenses, or sells a telecommunications line to any customer: (1) for wired service, whose billing address or fixed service address is in the City; or (2) for wireless service, whose place of primary use is in the City. *History: Ord. 46-745* *History: Ord. 47-108* *History: Ord. 51-088* *History: Ord. 53-902* *History: Ord. 58-1743* *History: Ord. 60-570* *History: Ord. 68-112* *History: Ord. 69-508* *History: Ord. 70-839* *History: Ord. 75-944* *History: Ord. 79-1173* *History: Ord. 79-1197* *History: Ord. 82-818* *History: Ord. 86-789* *History: Ord. 99-441* *History: Ord. 04-726* ###### § 25-3 Rate of tax. Balt., Md., Code art. 28, § 25-3 (2026) The rate of the tax imposed by this Part 1 is: (1) $0.40 per month or part of a month for each Centrex local exchange access line or trunk line; and (2) $4.00 per month or part of a month for every other telecommunications line, whether a residence, business, PBX local exchange, or other wired or wireless telecommunications line. *History: Ord. 46-745* *History: Ord. 47-108* *History: Ord. 51-088* *History: Ord. 53-902* *History: Ord. 58-1743* *History: Ord. 60-570* *History: Ord. 68-112* *History: Ord. 69-508* *History: Ord. 70-839* *History: Ord. 75-944* *History: Ord. 79-1173* *History: Ord. 79-1197* *History: Ord. 82-818* *History: Ord. 86-789* *History: Ord. 99-441* *History: Ord. 04-726* *History: Ord. 06-247* *History: Ord. 10-303* ###### § 25-4 Exemptions. Balt., Md., Code art. 28, § 25-4 (2026) The tax imposed by this Part 1 does not apply to a telecommunications line furnished to a telecommunications “lifeline service” customer, as defined by the rules of the Federal Communications Commission and the State Public Service Commission. *History: Ord. 46-745* *History: Ord. 47-108* *History: Ord. 51-088* *History: Ord. 53-902* *History: Ord. 60-570* *History: Ord. 65-675* *History: Ord. 72-165* *History: Ord. 86-606* *History: Ord. 99-441* *History: Ord. 04-726* ###### § 25-5 Report and remittance. Balt., Md., Code art. 28, § 25-5 (2026) (a) Each person subject to the tax imposed by this Part I must remit the tax to the Director of Finance, together with a monthly report, on or before the 25th day of the month following the month for which the tax is due. (b) The report must be made under oath, in the form that the Director of Finance requires. *History: Ord. 46-745* *History: Ord. 47-108* *History: Ord. 51-088* *History: Ord. 53-902* *History: Ord. 76-141* *History: Ord. 99-441* *History: Ord. 04-726* ###### § 25-6 Records. Balt., Md., Code art. 28, § 25-6 (2026) Every person who leases, licenses, or sells telecommunications lines subject to the tax imposed by the Part 1 must: (1) keep complete and accurate records of all transactions involving those telecommunications lines, as necessary or otherwise required by the Director of Finance to determine whether taxes due under this Part 1 have been paid; and (2) make these records available, at all times during business hours, for inspection and audit by authorized representatives of the City. *History: Ord. 04-726* ###### § 25-7 Interest and civil penalties. Balt., Md., Code art. 28, § 25-7 (2026) If a person fails to pay the tax imposed by this Part 1 when due, the person must pay to the Director of Finance, in addition to the tax due: (1) interest at the rate of 1% for each month or part of a month that the tax is overdue; and (2) a penalty of 10% of the amount of the tax due. *History: Ord. 04-726* ###### § 25-8 Rules and regulations. Balt., Md., Code art. 28, § 25-8 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations as necessary or appropriate: (1) to insure the payment, collection, and accounting of the tax imposed by this Part 1; and (2) to define or further define any terms used in this Part 1. *History: Ord. 46-745* *History: Ord. 47-108* *History: Ord. 51-088* *History: Ord. 53-902* *History: Ord. 68-112* *History: Ord. 99-441* *History: Ord. 04-726* *History: Text Conformed 02/25/21* ###### § 25-9 Balt., Md., Code art. 28, § 25-9 (2026) Reserved ###### § 25-10 Penalties. Balt., Md., Code art. 28, § 25-10 (2026) Any person who violates any provision of this Part 1or of any rule or regulation adopted under this Part 1, or who makes any false statement or improper return, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 47-108* *History: Ord. 53-902* *History: Ord. 68-112* *History: Ord. 04-726* ##### Part 2 – Energy Tax ###### § 25-11 Definitions. Balt., Md., Code art. 28, § 25-11 (2026) (a) In this Part 2, the following terms have the meanings indicated. (b) “Director” means the Director of Finance or the Director’s designee. (c) “Energy” means artificial or natural gas, electricity, coal, fuel oil, liquefied petroleum gas, or steam delivered for consumption in Baltimore City. (d) (1) “Revenue” means the total amount billed for the sale, delivery, or distribution of energy to users. (2) “Revenue” includes, by way of description and not limitation, the amount billed for energy or fuel cost adjustments, delivery or system charges, and service charges. (3) “Revenue” does not include finance charges, late payment charges, other government taxes or surcharges, the tax imposed by this Part, charges associated with the initial hook-up or re-connection to the vendor’s system. (e) “User” includes any person that receives delivery of energy, other than for resale or for conversion into another form of energy subject to the tax imposed by this Part 2. (f) “Vendor” means any person that delivers energy subject to the tax imposed by this Part 2 directly to a user. *History: City Code, 1976/83, art. 28, §56A(a)* *History: Ord. 22-125* *History: Ord. 99-441* *History: Ord. 04-728* *History: Ord. 06-247* ###### § 25-12 Tax imposed. Balt., Md., Code art. 28, § 25-12 (2026) There is levied and imposed a tax on energy delivered through pipes, wires, or conduits to all users in the City other than those exempted by this Part. *History: Ord. 99-441* *History: Ord. 04-728* ###### § 25-13 Exemptions. Balt., Md., Code art. 28, § 25-13 (2026) The tax imposed by this Part 2 does not apply to energy delivered to any of the following: (1) the United States and its agencies, unless subject to local tax under federal law; (2) the State of Maryland and its agencies; and (3) the City of Baltimore and its agencies. *History: Ord. 99-441* *History: Ord. 04-728* ###### § 25-14 Rates. Balt., Md., Code art. 28, § 25-14 (2026) (a) For each fiscal year, the rates of the tax will be established as provided in this section. (b) On or before the preceding February 1, each person that sells, distributes, or delivers energy shall certify to the Director, on the forms and in the manner required by the Director: (1) the aggregate units of energy (e.g., kWhs, therms, gallons, pounds, tons) supplied and delivered during the prior calendar year directly to all persons, governmental entities, instrumentalities, and units, and others, whether subject to or exempt from the tax imposed by this Part 2; (2) the aggregate revenues derived from the sale, distribution, or delivery of that energy; and (3) a breakdown of these aggregate units and revenues by class of user, as defined and prescribed by the Director. (c) (1) For each class of energy and each class of user, the Director shall compute a base year tax rate for Fiscal Year 2005 by: (i) multiplying the sum of the revenues from each class of user for each class of energy by 0.08; and (ii) then dividing that product by the sum of the units of each class of energy delivered to the class of users. (2) For Fiscal Year 2011 and each subsequent fiscal year, the base year tax rate shall be the amount computed under paragraph (1) of this subsection, as adjusted under subsection (d) of this section, multiplied by 1.15%. (d) For Fiscal Year 2006 and each subsequent fiscal year, these tax rates shall be adjusted by the percentage change in the Baltimore-Columbia-Towson Consumer Price Index, as reported by the United States Department of Labor, comparing December of the preceding calendar year to the December of the next preceding calendar year. (e) For each of the following classes of users, the user is required to pay the following percentage of that year’s tax rate: (1) residential energy users subject to residential schedules on file with the Public Service Commission of Maryland – – Fiscal Year 2005 and subsequent, 25%. (2) direct users of energy in manufacturing, assembling, processing, or refining operations that are exempt from the Maryland State Retail Sales and Use Tax, but not including uses of energy for the following (for which the full tax shall be paid, as stated in paragraph(4) of this subsection): (A) maintaining, servicing, or repairing; (B) testing finished products; (C) providing for the comfort or health of employees; (D) operating administrative or commercial facilities, such as offices, sales or display rooms, retail outlets, and storage facilities (including refrigerated storage facilities); or (E) any other operations that the State Comptroller incorporates from time to time in the regulations governing the administration of the Maryland State Retail Sales and Use Tax, as those inclusions relate to manufacturing, assembling, processing, or refining – – Fiscal Years 2005 and 2006, 25%; Fiscal Year 2007 and subsequent, 0%. (3) any nonprofit hospital, religious, charitable, or educational institution or organization, or any in-patient medical care or nursing facility licensed by the State or City Health Departments, with respect to energy used in carrying on the work of the nonprofit institution or organization or the in-patient medical care or nursing facility – – Fiscal Year 2005, 0%; Fiscal Years 2006 through 2010, 75%; Fiscal Year 2011 and subsequent, 87% of the commercial rate imposed on the users listed in subitems (A) through (E) of item (2) of this subsection. (4) all other users – – Fiscal Year 2005 and subsequent, 100%. (f) (1) If a person that sells, distributes, or delivers energy fails to provide the certification required by subsection (b) of this section, the Director may use any reasonable data to establish a proposed rate of taxation. (2) A determination made by the Director is presumed valid. (g) (1) The rates computed by the Director shall be included in the proposed operating budget submitted by the Director to the Board of Estimates. (2) After the adoption of the operating budget, the Director shall certify to each vendor the rates of tax for the fiscal year as included in the adopted budget. *History: Ord. 99-441* *History: Ord. 04-728* *History: Ord. 10-300* *History: Ord. 19-266* ###### § 25-15 Collection. Balt., Md., Code art. 28, § 25-15 (2026) (a) Each vendor shall itemize the tax on each bill and collect the tax from the user. (b) The vendor has the same rights against the user for collection of the tax as it has for collection of the energy bill. *History: Ord. 99-441* ###### § 25-16 Remittance. Balt., Md., Code art. 28, § 25-16 (2026) By the 25th day of the month, each vendor shall: (1) file a return with the Director, under oath and on a form provided by the Director; and (2) pay the amount of tax billed to a user for the preceding month. *History: Ord. 99-441* *History: Ord. 04-728* ###### § 25-17 Refunds – Uncollectible accounts; tax erroneously paid. Balt., Md., Code art. 28, § 25-17 (2026) (a) (1) If a vendor is unable to collect an account receivable for which the tax already has been remitted and the vendor has charged off that account as worthless, the vendor may deduct the amount of the tax from its monthly remittance, subject to the requirements of this subsection. (2) The vendor must: (i) before availing itself of this privilege, provide the Director with a written statement of its policies governing the determination of worthless accounts; and (ii) as a condition of taking any deduction: (A) keep records of every worthless account for which the vendor has taken a deduction; and (B) make those records available to the Director, on request, for review or collection efforts. (b) Whenever a tax imposed under this Part 2 has been erroneously, illegally, or unconstitutionally paid, the Director shall refund the tax if the application for refund: (1) is made within 3 years from the payment of the tax; and (2) states a proper ground for refund. *History: Ord. 99-441* ###### § 25-18 Refunds – Residential uses. Balt., Md., Code art. 28, § 25-18 (2026) (a) Any person that has paid the tax imposed under this Part 2 for any energy delivered to residential users or to combined residential and commercial users may apply annually to the Director for a refund of that portion of the taxes paid in excess of the applicable rate reasonably allocable to residential users only. (b) (1) The application shall: (i) be signed by the applicant; (ii) contain a sworn affidavit as to the truth and accuracy of the information set forth in it; (iii) be filed not later than April 1 of each year; and (iv) cover the preceding 12 months. (2) Any application not received by April 1 in any particular year may not be given consideration. (c) (1) The Director may refund that portion of the taxes determined to have been paid in connection with energy delivered to residential users only. (2) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations to assist in making that determination. (d) (1) Any refund shall be made from a reserve fund created out of a portion of the tax receipts collected under this Part 2. (2) The reserve fund shall be in an amount estimated to be sufficient to pay the refunds authorized by this section. *History: Ord. 99-441* *History: Ord. 04-728* *History: Text Conformed 02/25/21* ###### § 25-19 Records. Balt., Md., Code art. 28, § 25-19 (2026) (a) Every vendor must: (1) keep complete and accurate records of all transactions, as necessary or otherwise required by the Director to determine whether taxes due under this Part 2 have been paid; and (2) make these records available, at all times during business hours, for inspection and audit by authorized representatives of the City. (b) If a vendor fails to keep records from which the tax imposed by this Part 2 may be accurately computed, the Director may use criteria developed by surveying other taxpayers of the same type or otherwise, compute the amount of tax due, and this computation is presumed correct. *History: Ord. 99-441* *History: Ord. 04-728* ###### § 25-20 Interest and civil penalties. Balt., Md., Code art. 28, § 25-20 (2026) If a vendor fails to pay the tax imposed by this Part 2 when due, the vendor must pay to the Director, in addition to the tax due: (1) interest at the rate of 1% for each month or part of a month that the tax is overdue; and (2) a penalty of 10% of the amount of the tax due. *History: Ord. 99-441* *History: Ord. 04-728* ###### § 25-21 Rules and regulations. Balt., Md., Code art. 28, § 25-21 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations as necessary or appropriate: (1) to insure the payment, collection, and accounting of the tax imposed by this Part 2; and (2) to define or further define any terms used in this Part 2. *History: Ord. 99-441* *History: Ord. 04-728* *History: Text Conformed 02/25/21* ###### § 25-22 Balt., Md., Code art. 28, § 25-22 (2026) Reserved ###### § 25-23 Penalties. Balt., Md., Code art. 28, § 25-23 (2026) Any person who violates any provision of this Part 2 or of any rule or regulation adopted under this Part 2, or who makes any false statement or improper return, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than$1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 99-441* *History: Ord. 04-728* #### Subtitle 26 – 911 Telephone Fee ##### § 26-1 Fee imposed. Balt., Md., Code art. 28, § 26-1 (2026) In accordance with State Public Safety Article § 1-311, an additional charge of $1 per month is levied and imposed on all current bills rendered for switched local exchange access service, wireless telephone service, or other 911-accessible service within Baltimore City. *History: Ord. 84-051* *History: Ord. 90-643* *History: Ord. 95-602* *History: Ord. 04-705* *History: Ord. 21-026* ##### § 26-2 Application. Balt., Md., Code art. 28, § 26-2 (2026) This charge: (1) is in addition to the 911 fee imposed by State Public Safety Article § 1-310; and (2) shall be applied to all current bills rendered for switched local exchange access service, wireless telephone service, or other 911-accessible service within Baltimore City. *History: Ord. 84-051* *History: Ord. 90-643* *History: Ord. 95-602* *History: Ord. 04-705* #### Subtitle 27 – Tobacco Tax ##### § 27-1 Definitions. Balt., Md., Code art. 28, § 27-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Cigar” means any cigar, cheroot, stogie, cigarillo, or other roll of tobacco that is wrapped in leaf tobacco or in any other substance that contains tobacco. (2) “Cigar” does not include a cigarette. (c) “Cigarette” has the meaning stated in § 12-101(b) of the State Tax-General Article. (d) (1) “Dealer” means any person who engages in the retail sale of tobacco products subject to this subtitle. (2) “Dealer” includes: (i) any distributor engaged in casual retail sales of tobacco products; (ii) any operator of a vending machine from which tobacco products are sold; and (iii) individual outlets in the City of multiple-outlet retail chain stores. (e) “Director” means the Director of Finance or a designee of the Director of Finance. (f) “Distributor” means: (1) any person who supplies tobacco products to a dealer; (2) any person who supplies vending machines with tobacco products; and (3) any multiple-outlet retail chain store that supplies tobacco products to its individual outlets. (g) “Pipe tobacco” means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable or intended to be smoked in a pipe. (h) “Smokeless tobacco” means any chewing tobacco, spit tobacco, snuff, or other finely cut, ground, powdered, or leaf tobacco that is: (1) intended to be placed in the oral cavity or nasal passage; or (2) otherwise not intended to be smoked. (i) (1) “Supply” means to provide, furnish, deliver, distribute, or transmit. (2) For purposes of this subtitle, the act of supplying tobacco products to a dealer operating in the City is completed, and tax liability accrues, on receipt of the products by the dealer in the City. (j) (1) “Tobacco product” means any: (i) cigar; (ii) pipe tobacco; or (iii) smokeless tobacco. (2) “Tobacco product” does not include a cigarette. *History: Ord. 99-388* *History: Ord. 22-124* ##### § 27-2 Tax imposed. Balt., Md., Code art. 28, § 27-2 (2026) A tax is imposed on every distributor who supplies to a dealer operating in the City any: (i) cigar; (ii) pipe tobacco; or (iii) smokeless tobacco. *History: Ord. 99-388* ##### § 27-3 Amount of tax. Balt., Md., Code art. 28, § 27-3 (2026) (a) The amount of the tax imposed is as specified in this section. (b) For cigars, the tax is:

(1) for cigars weighing 3 pounds or less per 1,000:

$0.03 per cigar

(2) for cigars weighing more than 3 pounds per 1,000:

$0.06 per cigar
(c) For pipe tobacco, the tax is:

(1) for each package of 1.5 ounces or less:

$0.36

(2)for each package of more than 1.5 ounces:

$0.36 per unit or fraction of a unit of 1.5 ounces
(d) For smokeless tobacco, the tax is:

(1) for each package of 1.5 ounces or less:

$0.36

(2) for each package of more than 1.5 ounces:

$0.36 per unit or fraction of a unit of 1.5 ounces
*History: Ord. 99-388* ##### § 27-4 When payable; Monthly reports. Balt., Md., Code art. 28, § 27-4 (2026) (a) The tax imposed by this subtitle: (1) is due when the dealer receives the tobacco product; and (2) must be paid on or before the 25th day of the month following the month in which the dealer received the product. (b) (1) The distributor must remit the tax to the Director of Finance, together with a monthly report of all tobacco products that the distributor supplied to dealers operating in the City. (2) The report must: (i) be in a form the Director approves; and (ii) identify the number of products supplied in each of the classifications specified in § 27-3 of this subtitle. *History: Ord. 99-388* ##### § 27-5 Dealer self-transport. Balt., Md., Code art. 28, § 27-5 (2026) (a) If any dealer transports tobacco products into the City or causes tobacco products to be transported into the City, the dealer is liable for the payment of the tax imposed by this subtitle, together with all applicable interest and penalties, unless the dealer obtains from the supplier of the products a written certification that the supplier is liable for and is paying the tax. (b) The certification must be in a form the Director approves. *History: Ord. 99-388* ##### § 27-6 Records. Balt., Md., Code art. 28, § 27-6 (2026) Every distributor and every dealer must: (1) keep complete and accurate records of all transactions involving tobacco products, as necessary or otherwise required by the Director to determine whether all taxes due under this subtitle have been paid; and (2) make these records available, at all times during business hours, for inspection and audit by the Director. *History: Ord. 99-388* ##### § 27-7 Interest and civil penalties. Balt., Md., Code art. 28, § 27-7 (2026) If a distributor fails to pay the tax imposed by this subtitle when due, the distributor must pay the Director, in addition to the tax due: (1) interest at the rate of 1% for each month or fraction of a month that the tax is overdue; and (2) a penalty of 10% of the amount of the tax due. *History: Ord. 99-388* ##### § 27-8 Tax determination by Director. Balt., Md., Code art. 28, § 27-8 (2026) (a) If any person fails to make the report and remit the tax when due and fails to keep suitable records as required under this subtitle, the Director of Finance may attempt to obtain other available information on which to base an estimate of the tax due. (b) As soon as the Director obtains this information, the Director may proceed to determine the tax due and assess that tax, plus interest and penalties, against the person liable for the tax. (c) (1) The Director may then notify the person by mail, sent to that person’s last known address, of the total amount of the tax, interest, and penalties. (2) The total amount is payable within 10 days from the date of this notice. *History: Ord. 99-388* ##### § 27-9 Closing or sale of business. Balt., Md., Code art. 28, § 27-9 (2026) If a person required to pay a tax under this subtitle sells his, her, or its business or otherwise ceases to do business: (1) any tax payable under this subtitle becomes immediately due and payable; and (2) within 3 days of the sale or other cessation of business, that person must submit the required report and remit the total amount of the tax due. *History: Ord. 99-388* ##### § 27-10 Lien on property. Balt., Md., Code art. 28, § 27-10 (2026) The tax, interest, and penalties imposed by this subtitle are a lien on the property of any person liable for their payment. *History: Ord. 99-388* ##### § 27-11 Rules and regulations. Balt., Md., Code art. 28, § 27-11 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, Director may adopt rules and regulations as necessary or appropriate to: (1) govern the payment, collection, and accounting of the tax imposed by this subtitle; (2) define any terms used in connection with the imposition and collection of the tax imposed under this subtitle; (3) provide for the credit of any tax paid on returned products; (4) provide for the refund of any tax, interest, or penalty erroneously or illegally paid; and (5) otherwise administer, enforce, and carry out this subtitle. *History: Ord. 99-388* *History: Text Conformed 02/25/21* ##### § 27-12 Balt., Md., Code art. 28, § 27-12 (2026) Reserved ##### § 27-13 Penalties. Balt., Md., Code art. 28, § 27-13 (2026) Any person who violates any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 99-388* #### Subtitle 28 – Sales or Use Tax on Controlled Dangerous Substances ##### § 28-1 Definitions. Balt., Md., Code art. 28, § 28-1 (2026) (a) In this subtitle, the following terms shall mean or include: (b) “Assessment” means any amount of tax that has been imposed under this subtitle, together with all interest charges and penalties added. (c) “Consignment” means the placement or deposit of controlled dangerous substances in the actual or constructive custody of a person for the purpose of: (1) selling the consigned controlled dangerous substances; and (2) remitting the proceeds of such sales, or portions of proceeds, to the person making the placement or deposit or a designee. (d) “Controlled dangerous substances” or “controlled substances” are those defined in Article 27, § 277 of the Maryland Code. (e) “Court” means a court of law or court of equity or any judge thereof, and includes the District Court of Maryland for Baltimore City, Circuit Court for Baltimore City, Court of Special Appeals, and Court of Appeals. (f) “Director” means the Director of Finance for Baltimore City or a designee. (g) “Narcotics operation” means any kind of private business for the sale, purchase, possession, transfer, or consignment of controlled dangerous substances, which business is comprised or carried out by more than 1 such activity, whether for profit or for any other consideration including accommodation to another person. (h) (1) “Notice” shall mean actual notice or notice through documents: (i) which shall be delivered at the dwelling or usual place of business of the taxpayer, if the address is known or readily obtainable, and to a person 18 years of age or older; or (ii) which shall be sent by certified mail to the taxpayer’s last known address. (2) Any period of time which is determined according to the provisions of this subtitle by the giving of notice shall commence to run from the date of mailing of such notice. (i) (1) “Records” or “business records” means all records of any type or form and however recorded which relates to a narcotics operation, or transaction, or profit therefrom. (2) These terms include books of account, vouchers, documents, canceled checks, payrolls, correspondence, records of purchase(s) or sale(s), accounts payable, accounts receivable, and records of personnel, or agents, or consignees, customers, equipment, production or import activities, and other business papers. (j) (1) “Sale” means any transaction of any nature, wholesale, retail, or otherwise, whereby possession of a controlled dangerous substance is or is to be transferred by any means whatsoever for any consideration past, present, or future. (2) Consideration may be in the form of money, services, or property, or by exchange or barter, or pursuant to consignment. (3) Sale also includes transfer by theft or gift. (k) “Taxpayer” means any person upon whom a tax is assessed under this subtitle. (l) “Use, storage, or consumption” means the exercise by any person of any right or power over controlled dangerous substances, or any keeping or retention within Baltimore City for any purpose of controlled dangerous substances sold either within or without Baltimore City. *History: Ord. 86-687* *History: Ord. 22-124* ##### § 28-2 Tax imposed. Balt., Md., Code art. 28, § 28-2 (2026) There is hereby levied and imposed a tax on each separate sale, or use, storage, or consumption of controlled dangerous substances within Baltimore City. *History: Ord. 86-687* ##### § 28-3 Rate of tax. Balt., Md., Code art. 28, § 28-3 (2026) The tax rate is 15% of the value in money of the controlled substance as evidenced by the actual money or money value consideration for its sale, or use, storage, or consumption or by its street value at or about the time of the taxable event. *History: Ord. 86-687* ##### § 28-4 Exemptions. Balt., Md., Code art. 28, § 28-4 (2026) This subtitle does not apply to sales, use, storage, or consumption by any person who registers under or complies with Article 27, § 281 of the Maryland Code, or any person who otherwise complies with that section of the Code. The burden of proof of an exemption is upon the person claiming it. *History: Ord. 86-687* ##### § 28-5 Payment and assessment. Balt., Md., Code art. 28, § 28-5 (2026) (a) The tax shall be paid by the person who sells, stores, consumes, or steals the controlled dangerous substances subject to the tax. (b) The tax is payable for each separate taxable event and every person who is a party to the event is jointly and severally liable for the payment of the tax, but the tax is not duplicated when there is in fact only 1 transaction or event. (c) If written records, receipts, or other evidence or information demonstrate that controlled substances have been sold, used, stored, or consumed by any person, the Director may use such information to establish the amount of and to collect tax under the provisions of this subtitle. (d) (1) The tax shall be due upon the event of the sale, use, storage, or consumption of taxable controlled dangerous substances and is payable to the Director within 15 days following the taxable event. (2) Payment, or satisfaction, of the assessed tax shall be made by certified or cashier’s check, money order or bank draft made payable to the Director. (e) The Director shall, upon request, issue receipts for all sums collected pursuant to this subtitle. *History: Ord. 86-687* ##### § 28-6 Interest and civil penalties. Balt., Md., Code art. 28, § 28-6 (2026) All taxes upon controlled substances which are not paid within 15 days following the due date shall be overdue, and from and after that date they shall bear, until paid: (1) interest at the rate of 2.5% for each month and fraction thereof; and (2) penalty at the rate of 2.5% for each month and fraction thereof. *History: Ord. 86-687* ##### § 28-7 Tax made a lien. Balt., Md., Code art. 28, § 28-7 (2026) (a) Because of the nature of the transactions involved in the illegal sale, use, storage, or consumption of controlled dangerous substances, the Mayor and City Council find and declare that the collection of the tax imposed by this subtitle on such transactions is in jeopardy and requires the immediate attachment of a lien therefor from the time the tax is payable, subject to the revisions and appeals procedure provided. (b) The tax imposed under this subtitle, and all increases, interest, and penalties thereon shall be a lien upon all the property, real and/or personal, of any person liable to pay the same to the City from and after the time that the tax is due and payable as provided herein. (c) Notice of such lien shall be filed by the Director with the Clerk of the Circuit Court for Baltimore City or the Clerk of the Circuit Court of the county in which the property may be located, who shall accurately and promptly record and index all such notices of lien by entering such lien in the judgment docket of the court, stating the name of the delinquent taxpayer, the amount of the lien and the date thereof. (d) (1) The lien provided for in this section shall have the full force and effect of a lien of judgment. (2) Unless another date is specified by law, the lien arising at the date of nonpayment as in this section specified and provided for, shall continue with the same force and effect as a judgment lien. (3) Any such lien on personal property shall not be effective as against an innocent purchaser for value unless the personal property has been levied upon by an officer of a court. *History: Ord. 86-687* ##### § 28-8 Assessment presumed valid and correct. Balt., Md., Code art. 28, § 28-8 (2026) (a) The tax, as assessed by the Director, with any penalties included therein, shall be presumed to be valid and correctly determined and assessed, and the burden shall be upon the taxpayer to show its incorrectness or invalidity. (b) Any statement filed by the Director with the clerk of court, or any other certificate by the Director of the amount of tax and penalties as determined or assessed by him, shall be admissible as evidence and shall establish prima facie the facts that are set forth therein. *History: Ord. 86-687* ##### § 28-9 Collections. Balt., Md., Code art. 28, § 28-9 (2026) (a) (1) When the tax is not timely paid, the Director shall give notice of assessment to each person deemed liable for the unpaid tax, and any penalty and interest due, stating the amount owed and demanding payment thereof, provided that the Director under reasonable standards, uniformly applied, determines that the giving of the notice and the collection of the amount due are practicable. (2) Failure to give or receive notice does not relieve a taxpayer of the obligation and liability for payment of any tax, interest, and penalty due. (b) Notice of assessment and notice of lien under this subtitle shall be given not more than 3 years: (1) after the sale, use, storage, or consumption of the controlled substances; (2) after the seizure of records pursuant to an investigation of sales, use, storage, or consumption of such substances; or (3) after the disposition of criminal charges or arrest or indictment resulting from the sale, use, storage, or consumption of such substances, whichever occurrence is latest in time. *History: Ord. 86-687* ##### § 28-10 Refunds. Balt., Md., Code art. 28, § 28-10 (2026) (a) Any taxpayer may apply to the Director for refund of tax alleged to have been erroneously, illegally, or unconstitutionally paid. (b) Application for refund must: (1) be made in writing; (2) be made within 1 year of the payment of the tax; and (3) state the reasons why the taxpayer believes a refund is due. (c) The Director: (1) shall act upon such application promptly; and (2) shall provide notice to the taxpayer of the action. *History: Ord. 86-687* ##### § 28-11 Revisions. Balt., Md., Code art. 28, § 28-11 (2026) (a) Any taxpayer may apply in writing, stating the basis therefor, to the Director for a revision of the tax assessed against him. (b) (1) Any request for a revision must be made within 15 days of the date on which the Director notifies the taxpayer of tax due pursuant to this subtitle. (2) If no application for revision is made within the 15 day period, the assessment is final. No application for revision shall be considered by the Director unless made within that period. (c) The Director: (1) shall act upon such application promptly; and (2) shall provide notice to the taxpayer of the action. *History: Ord. 86-687* ##### § 28-12 Appeal of decision on refund or revision. Balt., Md., Code art. 28, § 28-12 (2026) (a) (1) Within 15 days of notice of action by the Director on the taxpayer’s application for revision or refund of an assessment, the taxpayer may request a formal hearing before the Director. (2) The Director shall grant a hearing and shall give the taxpayer reasonable notice of the time, date, and place of the hearing. (b) The Director shall have the power: (1) to administer oaths; and (2) to prescribe all necessary and reasonable rules for the conduct of a hearing. (c) (1) After a hearing, the Director: (i) shall make a determination concerning any revision of the assessment, or grant or refuse a refund; and (ii) shall provide notice to the taxpayer of this determination. (2) In addition, the Director may levy a deficiency assessment against the taxpayer for any additional taxes found to be due. (d) (1) A taxpayer dissatisfied with the Director’s final determination may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 86-687* *History: Ord. 04-672* ##### § 28-13 Confidentiality of information. Balt., Md., Code art. 28, § 28-13 (2026) (a) (1) The testimony or evidence of any person compelled to testify in a tax proceeding under this subtitle shall not be used against that person in any criminal proceeding, except for perjury in the tax proceeding. (2) The Director shall not release the compelled testimony of any person to any law enforcement agency for direct or derivative use, except for perjury. (3) However, if by independent evidence a law enforcement agency makes a criminal case against a compelled witness using evidence independent of and not derived from the compelled testimony, such law enforcement agency shall be free to proceed with the case. (b) (1) It shall be unlawful for the Director or any other public official or employee to divulge or otherwise make known in any manner any particular set forth or disclosed in any report or return required by this subtitle or records used to determine the amount of assessment except in connection with a proceeding involving taxes due under this subtitle or any state or federal law. (2) However, any records, receipts, or other information seized by any law enforcement officer or taxation official in any investigation may be returned to the seizing law enforcement or taxation agency upon request for said return. (c) Nothing herein shall be construed to prohibit the publication of statistics so classified as to prevent the identity of particular reports or returns and the items thereof. *History: Ord. 86-687* ##### § 28-14 Liability not abated by death. Balt., Md., Code art. 28, § 28-14 (2026) Taxes, penalties, and interest assessed under this subtitle shall not abate by death of taxpayer. *History: Ord. 86-687* ##### § 28-15 Rules and regulations. Balt., Md., Code art. 28, § 28-15 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may promulgate such rules, regulations, and procedures as are necessary or appropriate to administer this subtitle. *History: Ord. 86-687* *History: Text Conformed 02/25/21* ##### § 28-16 Judicial assistance. Balt., Md., Code art. 28, § 28-16 (2026) The Director may apply to a court of competent jurisdiction for an order compelling such testimony, records, or evidence under proper safeguards as the court may deem necessary or appropriate to carry out the provisions of this subtitle. *History: Ord. 86-687* ##### § 28-17 Compromise of claims. Balt., Md., Code art. 28, § 28-17 (2026) (a) Whenever it is ascertained by the Director or the City Solicitor that a lesser sum may be collected than the total taxes, penalties, and interest due, the City Solicitor shall be authorized to: (1) compromise the claim; (2) accept the lesser sum on behalf of the Director; and (3) issue a release of the claim or satisfaction of the judgment as though the same had been paid in full. (b) Such compromise is authorized only in such cases where the City Solicitor and the Director concur that the full amount would be uncollectible. *History: Ord. 86-687* ##### § 28-18 Balt., Md., Code art. 28, § 28-18 (2026) Reserved ##### § 28-19 Criminal and civil penalties. Balt., Md., Code art. 28, § 28-19 (2026) (a) Evasion of payment or the willful refusal on the part of any person to pay taxes over to the Director as required by this subtitle shall be a misdemeanor and upon conviction the person is subject: (1) to imprisonment not exceeding 12 months or to a fine not exceeding $1,000, or both; and (2) additionally, to a civil penalty of 100% of the amount of the assessment, in addition to the actual assessment provided by this subtitle. (b) Willful refusal is evidenced by failure to pay the full amount due within 15 days of the date of the assessment. *History: Ord. 86-687* #### Subtitle 29 – Outdoor Advertising ##### § 29-1 Definitions. Balt., Md., Code art. 28, § 29-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Advertising host” means a person who: (1) owns or controls a billboard, posterboard, or other sign; and (2) charges fees for its use as an outdoor advertising display. (c) “Finance Director” or “Director” means the Director of Finance or a designee of the Director of Finance. (d) “Outdoor advertising display” means an outdoor display of a 10 square foot or larger image or message that directs attention to a business, commodity, service, event, or other activity that is: (i) sold, offered, or conducted somewhere other than on the premises on which the display is made; and (ii) sold, offered, or conducted on the premises only incidentally if at all. (e) “Square foot of advertising imagery” means a square foot of space occupied by an outdoor advertising display. *History: Ord. 13-139* *History: Ord. 22-125* ##### § 29-2 Tax imposed. Balt., Md., Code art. 28, § 29-2 (2026) An excise tax is imposed on the privilege of exhibiting outdoor advertising displays in the City. *History: Ord. 13-139* ##### § 29-3 Amount of tax. Balt., Md., Code art. 28, § 29-3 (2026) (a) The annual amount of the tax imposed is at the following rates per square foot of advertising imagery: (1) $15 per square foot of advertising imagery for an electronic outdoor advertising display that changes images more than once a day; and (2) $5 per square foot of advertising imagery for any other outdoor advertising display. (b) If a single space is used for multiple outdoor advertising displays during the course of one reporting period, the advertising host who makes that space available: (1) must pay the annual tax as if the display that would generate the highest tax liability had been in place for the entire year; and (2) need not pay an additional tax for any other displays in that space. *History: Ord. 13-139* ##### § 29-4 Balt., Md., Code art. 28, § 29-4 (2026) Reserved ##### § 29-5 Annual reports; Payment of tax. Balt., Md., Code art. 28, § 29-5 (2026) (a) (1) Each advertising host must file a report with the Finance Director on or before July 10 of each year for the preceding tax year (July 1 through June 30). (2) The report must: (i) specify the number of separate spaces made available by the advertising host for the exhibition of outdoor advertising displays; (ii) indicate the location and size of each outdoor advertising display exhibited in the preceding tax year; (iii) be in a form the Director approves; and (iv) contain any additional information required by the Director. (b) The tax imposed by this subtitle is due at the time the report is filed. *History: Ord. 13-139* ##### § 29-6 Interest and civil penalties. Balt., Md., Code art. 28, § 29-6 (2026) If an advertising host fails to pay the tax imposed by this subtitle when due, the advertising host must pay the Finance Director, in addition to the tax due: (1) interest at the rate of 1% for each month or fraction of a month that the tax is overdue; and (2) a penalty of 10% of the amount of the tax due. *History: Ord. 13-139* ##### § 29-7 Records. Balt., Md., Code art. 28, § 29-7 (2026) Every advertising host must: (1) keep and maintain complete and accurate records of all of its outdoor advertising displays, as necessary or otherwise required by the Finance Director; and (2) make these records available, at all times during business hours, for inspection and audit by the Finance Director or other authorized agent, employee, or representative of the City. *History: Ord. 13-139* ##### § 29-8 Tax determination by Director. Balt., Md., Code art. 28, § 29-8 (2026) (a) If any advertising host fails to make the report, remit the tax due, or keep records as required by this subtitle, the Finance Director may attempt to obtain other available information on which to base an estimate of the tax due. (b) As soon as the Director obtains this information, the Director may proceed to determine the tax due and assess that tax, plus interest and penalties, against the advertising host liable for the tax. (c) (1) The Director may then notify the advertising host by mail, sent to that advertising host’s last known address, of the total amount of the tax, interest, and penalties. (2) The total amount is payable within 10 days from the date of this notice. *History: Ord. 13-139* ##### § 29-9 Sale or closing of business. Balt., Md., Code art. 28, § 29-9 (2026) If an advertising host sells or otherwise closes all or part of its operations: (1) any tax attributable to the operations sold or closed becomes immediately due and payable; and (2) within 3 days of the sale or closing, that advertising host must submit the required report and remit the total amount of the tax due. *History: Ord. 13-139* ##### § 29-10 Lien on property. Balt., Md., Code art. 28, § 29-10 (2026) The tax, interest, and penalties imposed by this subtitle are a lien on all property, real and personal, of any advertising host liable for their payment. *History: Ord. 13-139* ##### § 29-11 Rules and regulations. Balt., Md., Code art. 28, § 29-11 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations as necessary or appropriate to: (1) govern the payment, collection, and accounting of the tax imposed by this subtitle; (2) define any terms used in connection with the imposition and collection of the tax imposed under this subtitle; (3) provide for the compromise of disputed claims and, for good and sufficient cause shown, the waiver of interest and penalties; (4) provide for the refund of any tax, interest, or penalty erroneously or illegally paid; and (5) otherwise administer, enforce, and carry out this subtitle. *History: Ord. 13-139* *History: Text Conformed 02/25/21* ##### § 29-12 Balt., Md., Code art. 28, § 29-12 (2026) Reserved ##### § 29-13 Balt., Md., Code art. 28, § 29-13 (2026) Reserved ##### § 29-14 Penalties. Balt., Md., Code art. 28, § 29-14 (2026) Any person who violates any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 13-139* #### Subtitle 30 – Property Assessed Clean Energy (PACE) Loan Program ##### § 30-1 Definitions. Balt., Md., Code art. 28, § 30-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Administrator” means the contractor selected under § 30-3 {“Program administration”} of this subtitle to administer the PACE Loan Program for the City. (c) “Clean energy lender” means a private lender who provides a clean energy loan to a commercial property owner under this subtitle. (d) “Clean energy loan” means a non-accelerating loan made under this subtitle by a clean energy lender to the owner of a commercial property. (e) (1) “Commercial property” has the meaning stated in the Enabling Law. (2) “Commercial property” includes any industrial, multi-family residential (more than 4 dwelling units), non-profit, institutional, or agricultural property that meets the eligibility requirements of this subtitle. (f) “Enabling Law” means the State’s Local Government Article, Title 1, Subtitle 11 {“Clean Energy Loan Programs”}. (g) “Energy efficient project” means the installation of new or replacement fixtures, products, devices, equipment, systems, materials, or measures that: (1) increase a commercial property’s energy or water efficiency; (2) decrease a commercial property’s energy or water consumption; or (3) reduce a commercial property’s utility costs. (h) “Energy improvement” means an energy efficiency project or renewable energy project that qualifies under this subtitle. (i) “Finance Director” means the Director of the City Department of Finance or that Director’s designee. (j) “Financing agreement” means an agreement between a property owner and a clean energy lender that provides for the terms and conditions of a clean energy loan. (k) “PACE Loan Program” or “Program” means the Property Assessed Clean Energy Loan Program established under this subtitle. (l) “Property owner” means the owner of a new or existing commercial property located in the City. (m) (1) “Renewable energy project” means the installation of new or replacement renewable energy technologies, devices, or systems that generate electric or thermal energy with a nameplate capacity authorized by the Enabling Law. (2) “Renewable energy projects” includes projects that generate thermal or electrical energy by using natural resources such as solar, wind, biomass, landfill gas, municipal solid waste, marine or hydrokinetic, or geothermal resources. (n) “Surcharge” means the repayment obligation of a clean energy loan, including principal, interest, and administrative costs, collected from a property owner through the City’s property tax billing system. *History: Ord. 16-533* *History: Ord. 22-125* ##### § 30-2 PACE Program established. Balt., Md., Code art. 28, § 30-2 (2026) As authorized by the Enabling Law, there is a Property Assessed Clean Energy Loan Program for Baltimore City. *History: Ord. 16-533* ##### § 30-3 Program administration – In general. Balt., Md., Code art. 28, § 30-3 (2026) (a) The Mayor and City Council of Baltimore: (1) serves only as a PACE Loan Program sponsor, facilitating the repayment of clean energy loan obligations through the City’s property tax billing system; and (2) is not at any time liable for any clean energy loan obligation authorized by this subtitle. (b) Subject to the approval of the Board of Estimates and to any applicable requirements imposed by or adopted under City Charter Article VI, § 11 {“Procurement”}, the Finance Director, in consultation with the Baltimore City Office of Sustainability, shall contract for a Program Administrator, either: (1) by expanding the scope of an existing municipal contract vehicle; (2) through a competitive procurement process; (3) by using an existing Administrator contracted through a cooperative purchasing agreement of the Washington Metropolitan Council of Governments; or (4) by entering into an agreement with a private entity to administer the PACE Loan Program. (c) (1) (i) The administrative costs of the PACE Loan Program shall be borne by the property owners participating in the program, and the share of administrative costs applicable to an individual clean energy loan shall be included in the loan’s financing agreement. (ii) These administrative costs may not exceed the actual expenses incurred by the City to administer the program. (2) The City may charge property owners who participate in the PACE Loan Program the following, non-financeable fees: (i) a reasonable application fee; and (ii) recording fees associated with participation in the Program. *History: Ord. 16-533* ##### § 30-4 Program administration – Rules and regulations. Balt., Md., Code art. 28, § 30-4 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Finance Director, in consultation with the Program Administrator and the Baltimore City Office of Sustainability, shall adopt rules and regulations to carry out this subtitle. (b) These rules and regulations shall: (1) clearly delineate the respective roles and responsibilities of property owners, clean energy lenders, the Program Administrator, and the Finance Director; and (2) include: (i) methodologies for determining the eligibility of commercial properties, property owners, and energy improvements; (ii) minimum underwriting standards for clean energy lenders; (iii) the documentation required on the Administrator’s request to demonstrate that the energy savings generated by an energy efficiency project exceed a property owner’s obligations under a clean energy loan financing agreement; (iv) efficient application intake, processing, and transaction closing procedures; (v) terms and provisions to be included in a Notice of Surcharge Levy to be recorded by the clean energy lender or the Program Administrator in the Land Records of Baltimore City; (vi) required data management services that conform to City practices; (vii) Program outreach strategies; and (viii) annual program participation and performance reporting requirements. *History: Ord. 16-533* *History: Text Conformed 02/25/21* ##### § 30-5 Eligibility of property and property owner. Balt., Md., Code art. 28, § 30-5 (2026) (a) To be eligible for a clean energy loan: (1) the commercial property for which the energy improvements are proposed must be located in the City; and (2) the property owner must: (i) have a 100% ownership interest in the commercial property; (ii) demonstrate that no taxes, assessments, fees, or other charges encumbering the commercial property are delinquent; and (iii) provide written proof that all current holders of a mortgage or deed of trust on the commercial property have expressly consented to the clean energy loan and its status as a priority lien on the property. (b) Before any clean energy loan is approved under the PACE Loan Program, the Administrator must give due regard to the property owner’s ability to repay the loan, in a manner substantially similar to that required for a mortgage loan under State Commercial Law Article §§ 12-127, 12-311, 12-409.1, 12-925, and 12-1029. *History: Ord. 16-533* ##### § 30-6 Qualifying Energy Improvements. Balt., Md., Code art. 28, § 30-6 (2026) (a) A property owner may use the PACE Loan Program to finance all costs incurred to purchase, upgrade, modify, or construct qualifying energy improvements to a new or existing commercial property, including all property improvements necessary to install a qualified energy improvement. (b) Qualifying energy improvement costs include: (1) energy audits; (2) pre-construction and post-installation evaluation, measurement, and verification services; (3) engineering, design, and feasibility studies; (4) materials and labor necessary for installation; (5) commissioning or retro-commissioning; (6) performance guarantees; (7) operations and maintenance service contracts, warranties, or insurance; (8) accreditation or certification of building energy performance with standard-setting organizations approved by the Administrator; and (9) federal, state, or local regulatory compliance costs required to complete an energy improvement. (c) (1) A renewable energy project qualifies as an energy improvement under this subtitle only if the commercial property consumes all or a portion of the output from the renewable energy project. (2) Renewable energy projects may include technologies that provide resiliency benefits to the commercial property or the electrical grid. These benefits include demand management, ancillary services, power quality, capacity firming, or other benefits determined by the Administrator to be consistent with the purpose of this program. *History: Ord. 16-533* ##### § 30-7 Financing. Balt., Md., Code art. 28, § 30-7 (2026) (a) (1) A clean energy loan may be for a term not exceeding 25 years. (2) The financing agreement may contain any terms agreed to by the clean energy lender and the property owner, as permitted by law. (3) A clean energy loan may include costs associated with executing the financing agreement, including origination, legal, and closing costs, but excluding the non-financeable fees provided for in § 30-3(c)(2) {“Program expenses”} of this subtitle. (b) (1) For projects initiated on or after July 1, 2016, through December 31, 2019, the Administrator may approve a clean energy loan up 30 months after the property owner places qualifying energy improvements in service, as long as the property owner has filed an initial PACE loan application on or before December 31, 2019. (2) For projects initiated on or after January 1, 2020, the Administrator may approve a clean energy loan up to 30 months after the property owner places qualifying energy improvements in service, as long as the property owner has filed an initial PACE loan application prior to: (i) commencing construction of an energy-improvement project; or (ii) altering a previously proposed project to include qualifying energy improvements. (c) The City may not directly finance or fund any clean energy loans under the PACE Loan Program. *History: Ord. 16-533* *History: Ord. 18-128* ##### § 30-8 Surcharge. Balt., Md., Code art. 28, § 30-8 (2026) (a) (1) A property owner participating in the PACE Loan Program shall repay the clean energy loan through an annual surcharge on the property owner’s real property or stand-alone tax bill. (2) This surcharge constitutes a first lien on the property, with priority over all prior or subsequent liens in favor of private parties, from the date it is billed on the property owner’s real property or stand-alone tax bill until the unpaid surcharge, interest, and any associated penalties are paid in full. (b) The amount of the surcharge shall be the sum of: (1) the amount due under the terms of indebtedness and obligations agreed to in the loan’s financing agreement; and (2) any administrative costs owed to the City under this subtitle. (c) Except as provided in § 30-3(a)(2) of this subtitle, if a person acquires a commercial property that is subject to a surcharge incurred under this subtitle, that person assumes the obligation to pay the surcharge, whether the acquisition was voluntary or involuntary. (d) (1) Within 30 days of receiving written notice from the Administrator that a financing agreement for a clean energy loan has been executed, the clean energy lender or the Administrator shall cause a Notice of Surcharge Levy to be recorded in the Land Records of Baltimore City. (2) The Notice of Surcharge Levy shall include: (i) the clean energy loan financing agreement; and (ii) any other information required by the rules and regulations adopted under this subtitle. (e) (1) The annual surcharge shall be: (i) billed: (A) as a separate, clearly defined line item on the real property tax bill; or (B) on a separate, stand-alone tax bill; and (ii) due on the same dates as City real property taxes. (2) (i) The City shall bill the first surcharge due by a property owner on the first tax bill after the Administrator provides written notice to the Finance Director of the financing agreement’s repayment schedule. (ii) This billing practice does not impact the legal rights afforded a clean energy lender under: (A) a valid, executed finance agreement; and (B) a properly recorded Notice of Surcharge Levy. (f) (1) Surcharges collected by the City under this subtitle shall be disbursed to the Administrator within 45 days after the last day of the month in which the amounts are collected. (2) Neither the City nor the Administrator shall at any time possess any ownership of a surcharge collected, except for the administrative costs included in the surcharge under this subtitle. (3) The City is obligated to pay a clean energy lender only the portion of the surcharge actually collected to repay the clean energy loan. (g) Surcharge payments collected through a property owner’s real property or stand-alone tax bill shall be credited: (1) first, to any non-Program taxes, as defined by § 14-801(d) of the State Tax-Property Article, that are delinquent as of the date the surcharge payments are received; and (2) then, to Program surcharges. (h) (1) If a property owner fails to pay a surcharge installment in accordance with the terms of the loan financing agreement, the Finance Director shall provide written notice of the delinquency to the Administrator in a timely manner. (2) After providing this notice to the Administrator, the City has no obligation to collect unpaid surcharge payments until a tax lien attaches to the property. (i) (1) If a property owner defaults on a surcharge, the Finance Director shall collect the surcharge as a tax lien, through the tax sale process, in a manner similar to other property tax assessments with respect to any penalties, fees, remedies, and lien priorities authorized under the State Tax-Property Article, Title 14, Subtitle 8. (2) A surcharge levied under this subtitle may be foreclosed only to the extent of any unpaid installment and any related penalties, interest, and fees. (3) This collection process applies to an overdue surcharge, regardless of whether real property taxes (or any other taxes, charges, or assessments) are due and owing. (j) The City may assign a PACE tax lien to the Administrator. (k) If a PACE tax lien is foreclosed, the PACE tax lien shall survive the judgment of foreclosure to the extent that any unpaid surcharge installments secured by the lien were not the subject of that judgment. *History: Ord. 16-533* *History: Ord. 18-128* #### Subtitle 31 – Dockless Vehicles ##### § 31-1 Definitions. Balt., Md., Code art. 28, § 31-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Director” means the Director of the Department of Finance or the Director’s designee. (c) “Dockless vehicle for hire” has the meaning stated in City Code Article 31, § 38-1(c) {“Definitions: Dockless vehicle for hire”}. (d) “Provider” has the meaning stated in City Code Article 31, § 38-1(h) {“Definitions: Provider”}. *History: Ord. 19-251* ##### § 31-2 Tax imposed. Balt., Md., Code art. 28, § 31-2 (2026) An excise tax is levied and imposed upon every provider of dockless vehicles for hire. *History: Ord. 19-251* ##### § 31-3 Amount of tax. Balt., Md., Code art. 28, § 31-3 (2026) The amount of the tax is 10 cents per dockless-vehicle-for-hire rental. *History: Ord. 19-251* ##### § 31-4 Remittance and reports. Balt., Md., Code art. 28, § 31-4 (2026) (a) A provider shall remit the tax imposed by this subtitle to the Director on or before the 1st day of January and the 1st day of July of each year. (b) (1) Each remittance must be accompanied by a report of all service transactions for the period reported. (2) The report must be in the form and contain the information that the Director requires. *History: Ord. 19-251* ##### § 31-5 Rules and regulations. Balt., Md., Code art. 28, § 31-5 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director must adopt rules and regulations to carry out this subtitle. *History: Ord. 19-251* *History: Text Conformed 02/25/21* #### Subtitle 32 – Checkout Bag Surcharge ##### § 32-1 Definitions. Balt., Md., Code art. 28, § 32-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Dealer” has the meaning stated in City Code Article 7, § 62-1(b) {“Definitions: Dealer”}. (c) “Director” means the Director of the Department of Finance or the Director’s designee. (d) (1) “Checkout bag” means any paper or plastic bag supplied by a dealer to a customer at the point of sale, pickup, or delivery to carry purchased items. (2) “Checkout bag” includes a compostable plastic bag that meets the standards described in City Code Article 7, § 62-1(c)(2) {“Definitions: Plastic checkout bag”}. (3) “Checkout bag” does not include: (i) a bag solely used to contain: (A) fresh fish and fresh fish products; (B) fresh meat and fresh meat products; (C) fresh poultry and fresh poultry products; (D) otherwise unpackaged fruits, nuts, or vegetables; (E) otherwise unpackaged confectionery; (F) otherwise unpackaged fresh cheese; (G) otherwise unpackaged baked goods; (H) ice; (I) food and goods obtained at a farmers’ market; (J) prescription drugs obtained from a pharmacy; (K) newspapers; or (L) dry-cleaned goods; or (ii) a “plastic checkout bag” described in City Code, Article 7, § 62-1(c)(1) {“Definitions: Plastic checkout bag”}. *History: Ord. 20-337* *History: Ord. 22-125* ##### § 32-2 Balt., Md., Code art. 28, § 32-2 (2026) Reserved ##### § 32-3 Surcharge imposed. Balt., Md., Code art. 28, § 32-3 (2026) (a) A surcharge is imposed on every checkout bag supplied by a dealer to a customer. (b) The amount of the surcharge is 5 cents for each bag. (c) Nothing in this section limits the ability of a dealer to impose a separate purchase or service fee for a checkout bag provided to a customer. *History: Ord. 20-337* ##### § 32-4 Collection and remittance. Balt., Md., Code art. 28, § 32-4 (2026) (a) (1) The dealer must collect the surcharge imposed by this subtitle from the customer to whom the checkout bag is supplied. (2) The amount of the surcharge must be itemized on any receipt, invoice, or like document issued to the customer. (b) (1) Except as specifically authorized in paragraph (2) of this subsection, the surcharge imposed by this subtitle must be remitted to the Director on or before the 25th day of the month following the month in which the transaction occurred. (2) To cover the administrative expense of collecting and remitting the surcharge to the Director, the dealer may retain 4 cents from each 5-cent surcharge collected under this subtitle. (c) (1) Each remittance must be accompanied by a report for the month of all transactions that involved checkout bags subject to the surcharge. (2) The report must: (i) be in the form and contain the information that the Director requires; and (ii) include: (A) the number of checkout bags supplied or provided to customers; (B) the aggregate amount of the surcharge required by this subtitle to be collected; and (C) any other information that the Director requires to assure that the proper surcharge has been remitted. *History: Ord. 20-337* ##### § 32-5 Balt., Md., Code art. 28, § 32-5 (2026) Reserved ##### § 32-6 Interest and civil penalties. Balt., Md., Code art. 28, § 32-6 (2026) (a) If a person fails to remit the surcharge imposed by this subtitle when due, the person must pay the Director, in addition to the surcharge due: (1) interest at the rate of 1% for each month or fraction of a month that the surcharge is overdue; and (2) a penalty of 10% of the amount of the surcharge due. (b) If a person fails to submit the remittance reports or fails to keep suitable records as required by § 32-4 of this subtitle, the person must pay the Director, in addition to the surcharge, a penalty of $1,000 for each month that reports are not submitted or for each month that suitable records are not kept. *History: Ord. 20-337* ##### § 32-7 Balt., Md., Code art. 28, § 32-7 (2026) Reserved ##### § 32-8 Rules and regulations. Balt., Md., Code art. 28, § 32-8 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director must adopt rules and regulations to carry out this subtitle. *History: Ord. 20-337* *History: Text Conformed 02/25/21* ##### § 32-9 Balt., Md., Code art. 28, § 32-9 (2026) Reserved ##### § 32-10 Prohibited conduct. Balt., Md., Code art. 28, § 32-10 (2026) A person may not: (1) fail, neglect, or refuse to collect or remit the surcharge imposed by this subtitle; (2) make any incomplete, false, or fraudulent return; (3) fail to keep complete and accurate records; (4) refuse to permit the Finance Director or the Director’s authorized agent, employee, or representative to inspect and audit the operator’s records; or (5) fail to fully comply with any provision of this subtitle or of any rule or regulation adopted under this subtitle. *History: Ord. 20-337* ##### § 32-11 Criminal penalties. Balt., Md., Code art. 28, § 32-11 (2026) Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 6 months or to both fine and imprisonment for each offense. *History: Ord. 20-337* ## Article 31 – Transit and Traffic ### Subtitle 1 – Definitions; General Provisions #### § 1-1 Definitions — A to L. Balt., Md., Code art. 31, § 1-1 (2026) (a) In this article, the following terms have the meanings indicated. (b) “Alley” means any roadway open to the general public primarily designed and used for the servicing of contiguous buildings through their rear or side entrances. (c) “Authorized emergency vehicle” means any vehicle of the fire department, police department, and such ambulances and emergency vehicles of municipal departments or public service corporations as are lawfully designated or authorized by the Police Commissioner of Baltimore City. (d) “Bicycle” means every device propelled by human power upon which any person may ride, having 2 tandem wheels either of which is more than 20 inches in diameter. (e) “Bus” means every motor vehicle which is at the same time a mass transportation vehicle. (f) (1) “Commercial vehicle” means: (i) each motorized vehicle designed, maintained, and used primarily for the transportation or hauling of property, including but not limited to equipment, merchandise, parcels, earth, trash, refuse, scrap, or motor vehicles; (ii) each motorized vehicle, except a passenger car as defined in State Transportation Article § 11-144.2 {“Passenger car”}, that has commercial advertising on the exterior of the vehicle or on equipment attached to the vehicle; (iii) each vehicle of Federal Highway Administration Class 3 or higher; (iv) each vehicle that is designed to carry more than 15 passengers; and (v) each trailer, as defined in § 1-3(k) of this article, or each vehicle that has a trailer attached. (2) “Commercial vehicle” does not include a vehicle to which a trailer has been attached, if the vehicle: (i) has been assigned a special disability registration number and special disability registration plate under § 13-616 {“Special disability registration number and plates”} of the State Transportation Article; (ii) displays a parking placard issued under § 13-616.1 {“Parking placards”} of the State Transportation Article; or (iii) displays a temporary parking placard issued under § 13-616.2 {“Temporary parking placards”} of the State Transportation Article. (g) “Crosswalk” means: (1) that part of a roadway at an intersection included between the prolongations of the lateral curb line and the building line; or (2) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings. (h) “Curb” means the lateral boundary of a roadway, whether marked by curb stone or not. (h-1) “Department” means the Baltimore City Department of Transportation. (h-2) “Director” means the Director of the Baltimore City Department of Transportation or the Director’s designee. (i) “Driver” means every person in actual physical control of a vehicle. (j) “Driveway” means a communicating way between a roadway and an off-street facility designed in such manner as to permit a vehicle to leave said roadway at grade and enter entirely into said off-street facility. (k) “Expressway” means: (1) any limited-access through highway or freeway designated as an expressway by the Director of Transportation; or (2) any highway designated as an expressway by ordinance of the Mayor and City Council in accordance with and for the purposes of that portion of the City Code that deals with the prohibition of advertising matter on or adjacent to an expressway. (l) “Footway” means that section beyond the vehicular path along a paved or unpaved roadway reserved for and normally used by pedestrians. (m) (n) “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (o) “Intersection” means: (1) the area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of 2 highways which join one another at, or approximately at, right angles; or (2) the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (p) “Lane” means any section of a roadway which is clearly delineated from the other sections of said roadway by lines, markings, or physical barriers. (q) “Loading” means the expeditious taking on or discharging of merchandise. *History: Ord. 66-815* *History: Ord. 88-136* *History: Ord. 13-092* *History: Ord. 13-098* *History: Ord. 15-349* *History: Ord. 15-435* *History: * #### § 1-2 Definitions — M to R. Balt., Md., Code art. 31, § 1-2 (2026) (a) “Mass transportation vehicle” is any vehicle used primarily for the transportation of the general public, with a seating capacity of 10 or more persons. (b) “Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding a tractor. (c) “Motor vehicle” means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated on rails. (d) “Motor vehicle repair service” means a person that is engaged in the business of performing major or minor repairs to a motor vehicle, including: (1) collision services, including body, frame, or fender repair or straightening; (2) maintenance, repairs, or adjustment of any engine components; (3) brake adjustments and repairs; (4) repair or replacement of cooling, electrical, fuel, or exhaust systems; (5) wheel alignment, balancing, and servicing; (6) tire replacement, repair, or rotation; (7) repair, replacement, or adjustment of mufflers, tail pipes, hoses, belts, bulbs, fuses, windshield wipers, grease retainers, wheel bearings, and shock absorbers; (8) painting; or (9) another similar service. (e) The terms “park” and “parking”, when prohibited or regulated as to vehicles: (1) mean the standing of a vehicle, whether or not occupied; but (2) do not include the standing of a commercial vehicle while actually engaged in lawful, expeditious loading or unloading. (f) (g) “Pedestrian” means any person afoot. (h) (i) “Police officer” means: (1) every officer of the municipal police department; or (2) any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (j) “Private way” means every way or place: (1) in private ownership; and (2) used for vehicular travel by the owner and those having the owner’s express or implied permission from the owner, but not by other persons. (k) “Public transportation vehicle” means any vehicle used primarily for the transportation of the general public. (l) “Railroad” means a carrier of persons or property, other than streetcars, operated upon stationary rails. (m) “Railroad train” means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. (n) “Residential district” means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. (o) “Right-of-way” means the privilege of the immediate use of the roadway. (p) “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular traffic. *History: Ord. 66-815* *History: Ord. 92-122* *History: Ord. 13-092* *History: Ord. 13-098* *History: Ord. 15-435* *History: Ord. 22-125* *History: * #### § 1-3 Definitions — S to Z. Balt., Md., Code art. 31, § 1-3 (2026) (a) “Safety zone” means the area or space: (1) officially set apart within a roadway for the exclusive use of pedestrians; and (2) which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (b) “School bus” means any vehicle in use as a conveyance for students to or from a public, private, or parochial school, marked and equipped as specified in the Maryland Vehicle Law. (c) “Sidewalk” means any paved footway. (d) “Stand” or “standing” means to occupy or remain in 1 place. (e) (1) The terms “stop” and “stopping” or “stand” and “standing”, when prohibited as to vehicles, refer to any stopping of a vehicle, whether or not occupied, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device. (2) Public transportation vehicles shall be permitted to load passengers, when said passengers are at the curb and ready for immediate loading. (f) “Street” means a highway, as defined in § 1-1(n) {“Definitions: Highway”} of this subtitle. (g) The term “taxicab” as used in this article shall embrace any motor vehicle for hire, designed to carry 9 persons or less, including driver, operated upon any public street or highway in this City or, on call or demand, accepting or soliciting passengers, indiscriminately for transportation for hire between such points along public streets or highways in this City, as may be directed by the passenger or passengers so being transported. (h) “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars, and any other conveyances either singly or together while using any highway for purposes of travel. (i) “Traffic control device” means any official device that controls or directs the movement of traffic. (j) “Traffic control signal” means any traffic control device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. (k) “Trailer” means a vehicle that: (1) has no motive power; (2) is designed to carry people or property; (3) is designed to be towed by a motor vehicle; and (4) is constructed so that no part of its weight rests on the towing vehicle. (l) “Transit loading zone” means a space at a curb or any other place properly designated by official signs or markings, reserved for the use of transit vehicles. (m) A “transit mall” is a street so designated by the Director upon which vehicular traffic, other than transit vehicles, is prohibited during certain hours by rule or regulation adopted and promulgated by the Director. (n) “Transit stop” means a transit loading zone. (o) “Transit vehicle” means any mass transportation vehicle. (p) “Truck” means any commercial vehicle. (q) (1) “‘U’ turn” where prohibited means the reversal of the direction of travel by a vehicle without leaving the roadway upon which it is proceeding. (2) Any person making a “U” turn shall also be presumed to have made a left turn. (r) “Vehicle” means every device in, on, or by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks. *History: Ord. 66-815* *History: Ord. 73-428* *History: Ord. 84-107* *History: Ord. 13-092* *History: Ord. 15-435* *History: Ord. 22-125* *History: * #### § 1-4 Balt., Md., Code art. 31, § 1-4 (2026) Reserved #### § 1-5 Purpose of article. Balt., Md., Code art. 31, § 1-5 (2026) The purpose of this article is to: (1) provide for the safe and expeditious movement of traffic in the City of Baltimore; (2) protect the safety of the citizens using its streets; and (3) create conditions favorable to the safe and expeditious movement of mass transit vehicles in the City of Baltimore. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord. 99-526* ### Subtitle 2 – General Administration #### § 2-1 Director of Transportation. Balt., Md., Code art. 31, § 2-1 (2026) (a) Except as otherwise specifically stated, the Director of Transportation shall administer the provisions of this article. (b) The Director shall also perform the other duties that are imposed by ordinance or assigned by the Mayor. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord. 99-526* *History: Ord. 15-435* #### § 2-2 Rules and regulations. Balt., Md., Code art. 31, § 2-2 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation may: (1) adopt rules and regulations to carry out this article; and (2) adopt rules, regulations, orders, and directives relating to or in connection with the movement of vehicular and pedestrian traffic in the City of Baltimore. (b) Copies of all these rules, regulations, orders, and directives shall be filed and kept on record in the Department of Transportation. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord. 15-435* *History: Text Conformed 02/28/21* #### § 2-3 Records. Balt., Md., Code art. 31, § 2-3 (2026) (a) The Director of Transportation shall keep records of: (1) the Department’s proceedings; and (2) all resolutions, transactions, findings, determinations, decisions, and administrative regulations. (b) All the records of the Department of Transportation: (1) are public records; and (2) shall be kept in the Director’s office. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord. 15-435* #### § 2-4 Employees, consultants, etc. Balt., Md., Code art. 31, § 2-4 (2026) (a) (1) The Director of Transportation may appoint, employ, hire, or engage assistants, aides, and employees as necessary for the proper performance of the Director’s duties and functions. (2) The compensation of those assistants, aides, and employees shall be as provided in the Ordinance of Estimates. (b) Subject to the prior approval of the Board of Estimates, the Director also may employ or hire, from time to time, on a temporary basis, by contract, consulting, planning, or designing engineers or other persons possessing technical or specialized skills in connection with the duties, powers, and function of the Department. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord. 99-526* *History: Ord. 15-435* #### § 2-5 General powers and duties. Balt., Md., Code art. 31, § 2-5 (2026) The Director of Transportation has full power and authority to do any and all of the following: (1) collect and analyze: (i) all physical and economic data needed to measure existing, and to estimate future, street and highway traffic characteristics and needs, including parking needs; and (ii) all data of whatsoever nature deemed helpful in expediting the flow of mass transportation traffic in the City of Baltimore; (2) make such studies and collect data concerning the use of mass transportation systems operated in other municipalities located in the United States or any foreign nation, as he deems necessary or helpful; (3) maintain records and information with respect to the operation of public mass transportation systems in the City of Baltimore; (4) make studies relating to future needs and facilities for mass transportation systems in the City of Baltimore and its metropolitan area; (5) cooperate fully with officials of surrounding political subdivisions to effectuate over-all transit and traffic coordination; (6) make studies relating to the staggering of work hours of all businesses conducted in the City of Baltimore and the surrounding metropolitan area, to meet with and confer with the officials of the metropolitan area, officials of any company or business located in the metropolitan area, and to make recommendations as to work hours of the said establishments; (7) study the routing or rerouting of existing or future mass transportation lines in the City of Baltimore and to recommend to the mass transportation companies and the Maryland Mass Transit Authority the adoption of said routes or reroutings; (8) prepare plans and/or make recommendations to the proper officials for the removal of obstructions to the flow of traffic including transit traffic; (9) reroute transit traffic in the City of Baltimore in the event of such contingencies as fire, flood, and other emergencies, in cooperation with the Police Department, Fire Department, and other municipal offices and agencies of Baltimore City; (10) (i) designate portions of certain streets as transit lanes and to specify the type of vehicles and the particular use to which the lanes may be put; and (ii) further, prohibit parking or stopping in the manner and subject to the conditions and limitations set forth in § 2-6 of this subtitle on portions of streets designated as transit lanes, and whenever the Director has prohibited stopping or parking in these lanes in accordance with § 2-6 of this subtitle and a vehicle is stopped or parked contrary to an administrative regulation, and signs are posted warning that stopping or parking in violation of the regulation will result in the impounding of the motor vehicle, the Police Department shall impound the vehicle in the manner and under the conditions set forth in Subtitle 31 of this article; (11) (i) approve or disapprove the location of all transit loading zones, to locate and determine the size of all transit loading zones in the City of Baltimore used by mass transportation companies operating in the City of Baltimore, and, further, to rescind or modify any prior approval heretofore given for such transit loading zones; and (ii) whenever any location has been designated as a transit loading zone, no vehicle other than a mass transit vehicle shall stop in said transit loading zone; (12) require that all mass transportation vehicles before loading or unloading passengers must be, wherever possible, within 12 inches from the curb; (13) direct that no transit vehicle shall stop at any point other than an established transit loading zone for the purpose of loading or unloading passengers, except as may be required by an emergency or at the direction of a police officer; (14) (i) have and exercise all control over traffic that the Police Commissioner had prior to the time of the establishment of the former Traffic Commission of Baltimore City, including the power to establish special “no parking” spaces; (ii) further, provided that whenever special conditions make it necessary or expedient to prepare plans for the integrated operation of traffic, the Director may make such special regulations with regard to traffic; and (iii) nothing in this section may be construed to delimit the power of the Police Commissioner, as set forth in § 28-1 of this article, to act in emergencies or special situations; (15) conduct engineering analyses of traffic accident causes and take such action, or submit recommendations to the proper persons for elimination of accident causes, make engineering, investigations and plans to improve traffic conditions; (16) prepare and submit to the Mayor and City Council an annual report of the progress and operations of the Department of Transportation; (17) make recommendations to the Mayor and City Council of Baltimore for improvements of traffic conditions that cannot be accomplished by the directives, orders, rules, or regulations adopted under § 2-2 of this article; (18) hold public hearings as, in the Director’s discretion, may be necessary in connection with the exercise of his or her powers, these hearings to be held and conducted in the manner determined by the Director; (19) establish and determine the design, timing, type, size, and location of any and all signs, signals, markings, pylons, channelization, and other devices for guiding, directing, or otherwise regulating, controlling, and contributing to or detracting from the safety of vehicular and pedestrian traffic; (20) design, install, and maintain traffic signs, signals, markings, pylons, channels, and other devices for the control of vehicles and pedestrians; (21) make recommendations relating to the design of new public ways or traffic structures as they relate to traffic operations; (22) designate any intersection as a “Stop” intersection or thoroughfares as “through highways”; (23) designate intersections where left and/or right hand turns are prohibited for any or all types of vehicles; (24) prohibit stopping or parking on sections of roads, streets, lanes, or alleys or adjacent to structures or intersections where, in the opinion of the Director, the presence of grades, hills, curves, bridge approaches, underpasses, or inadequate sight-distances create hazardous, hazard-producing, or unusual parking conditions; and (25) adopt and promulgate rules and regulations which prohibit certain types of vehicular traffic during certain hours in order to improve the movement of pedestrians and transit vehicles on certain streets designated by the Director as transit malls. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord. 65-455* *History: Ord. 65-465* *History: Ord. 68-161* *History: Ord. 84-107* *History: Ord. 15-435* #### § 2-6 Parking restrictions and 1-way streets. Balt., Md., Code art. 31, § 2-6 (2026) (a) (1) Except as provided in this section, the Director of Transportation does not have the power: (i) to adopt rules, regulations, orders, or directives in the nature of general parking and stopping restrictions; or (ii) to establish 1-way streets. (2) Except as provided for in this section, the power to make general parking and stopping restrictions or to establish 1-way streets is specifically reserved to the Mayor and City Council, to be exercised by ordinance. (b) (1) By administrative regulation, the Director may establish temporary parking and stopping restrictions, including reserved parking for disabled persons, or temporary 1-way streets. (2) Unless extended as provided in this section, the administrative regulation is effective for a period of not more than 6 months. (c) (1) The Director may seek to extend the administrative regulation indefinitely or for a term of years by giving written notice of the proposed extension, not less than 30 days before the end of the 6-month period, to the President of the City Council and to each member of the City Council who represents all or part of the affected area. (2) If, within the 30-day period, no written objection to the extension is made and submitted to the Director by the Council President or by a member of the City Council who represents all or part of the affected area, the regulation is extended at the end of the 6-month period. (3) If a timely written objection is received by the Director, the Council President shall introduce a proposed ordinance setting forth the provisions of the administrative regulation and, depending on the passage or failure of the ordinance, the administrative regulation will become effective in accordance with the terms of the ordinance or be of no further force or effect. (d) At any time after an administrative regulation is adopted or extended under this section, the Mayor and City Council may enact an ordinance rescinding or modifying the administrative regulation. (e) Nothing in this section may be construed or applied to limit the right of the Mayor and City Council by ordinance to legislate on the subject matter contained in this article. *History: Ord. 51-1678* *History: Ord. 70-752* *History: Ord. 15-435* #### § 2-6.1 Temporary parking restrictions. Balt., Md., Code art. 31, § 2-6.1 (2026) (a) (1) Except as specified in paragraph (2) of this subsection, this section applies whenever parking on a street is to be temporarily discontinued or otherwise restricted by the City or other person to accommodate construction, repair, or other work to be done on or adjacent to the street, or a special event. (2) This section does not apply in the case of an emergency, where the work on or adjacent to the street must be done immediately to protect life, health, safety, or property. (b) (1) The City agency or other person responsible for work to be done shall post the affected area with advance notice of the parking restrictions at least 3 calendar days before the restrictions become effective. (2) The posted notice shall include: (i) the dates and times when the restrictions will be effective; (ii) the name of the City agency or other person responsible for the work to be done or special event; (iii) a brief description of the work to be done or special event; and (iv) a phone number and email address at which further information can be obtained. (c) (1) If a violation of the temporary parking restrictions will authorize impoundment, the City agency or other person responsible for the work to be done shall also give written notice to the occupants of the properties abutting the affected area at least 3 calendar days before the restrictions become effective. (2) This written notice shall include: (i) the information required by subsection (b) of this section for the posted notice; and (ii) a prominent warning that the parking restrictions may be enforced by impoundment. *History: Ord. 11-490* *History: Ord. 22-124* #### § 2-6.2 Temporary street space for pedestrians and cyclists. Balt., Md., Code art. 31, § 2-6.2 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Centerline miles” means the length of a street’s centerline, as measured by miles, regardless of the number of lanes. (3) “Shared street” means a street designated by the Department with recommended speed limit of 5 miles per hour and that allows use by motor vehicles, pedestrians, and individuals using bicycles. (4) “State of emergency” means a period of time for which: (i) a proclamation has been issued by the Governor declaring a state of emergency under Title 14, Subtitle 3 of the State Public Safety Article {“Governor’s Emergency Powers”}; (ii) a proclamation has been issued by the Governor declaring a catastrophic health emergency under Title 14, Subtitle 3A of the State Public Safety Article {“Governor’s Health Emergency Powers”}; or (iii) an order or proclamation has been issued by the Mayor declaring a state of emergency under § 14-111 {“Local state of emergency”} of the State Public Safety Article. (5) “Temporary spacing order” means an order of the Governor or Mayor, as the case may be, that is issued during a state of emergency to prohibit gatherings of more than 100 individuals within the City. (b) (1) (i) Notwithstanding any provision of this article, no later than 7 days following the issuance of a temporary spacing order, the Department shall provide additional street space to pedestrians and cyclists on no fewer than 25 centerline miles of City streets. (ii) The additional space described in subparagraph (i) of this paragraph may be created through: (A) the implementation of shared streets; or (B) the closure of at least 1 lane of a street to vehicular traffic. (iii) Calculation of the additional space required by this section may not include any centerline miles within a park maintained by the Department of Parks and Recreation. (2) Of the 25 centerline miles of additional street space required by this section: (i) at least 1 centerline mile shall be provided in each councilmanic district; but (ii) no more than 15% of the total City centerline miles provided under this section may be located in any single councilmanic district. (3) The additional space provided under this section shall be accessible to pedestrians and cyclists during the pendency of the temporary spacing order. (4) The Department shall consider the following factors in implementing the requirements of this section: (i) the safety of all street users; (ii) creating space in neighborhoods with insufficient existing open or recreational space; (iii) increasing space in neighborhoods with heavily utilized parks; (iv) ensuring that businesses permitted to continue operations during the state of emergency can operate without impediment; (v) ensuring deliveries to those businesses permitted to continue operations during the state of emergency can continue and avoiding major truck routes wherever possible; (vi) closures that do not require significant staffing by the Department or any unit or instrumentality of the City; and (vii) avoiding major medical facilities. (5) (i) The Department shall consult with and notify affected councilmembers and communities of the implementation of a shared street or the closure of any lane on a street to vehicular traffic pursuant to this section. (ii) In addition, the Department shall consult with any neighborhood association that recommends a location that could be utilized for any implementation or closure under this section. (c) The requirements imposed by subsection (b) of this section shall cease on the expiration or repeal of any applicable temporary spacing order. (d) No later than 30 days following the implementation of the requirements imposed by subsection (b)(1) of this section, the Department shall submit to the Mayor and City Council and post on the Department’s website an evaluation of those closures and any recommendations for expansion. *History: Ord. 20-380* #### § 2-7 Request to nol pros citation. Balt., Md., Code art. 31, § 2-7 (2026) (a) The Director of Transportation may request the State’s Attorney to enter a nolle prosequi on any citation for a stopping, standing, or parking violation that was issued: (1) due to a defect in the traffic control device regulating stopping, standing, or parking; or (2) where there has been insufficient or improper notice of violation insofar as stopping, standing, or parking is concerned. (b) The Director may not request a nolle prosequi for any citation where the reasons for the request are dependent on the testimony of parties directly concerned. (c) In all cases where the Director requests a nolle prosequi, the reasons for the request shall be fully documented. *History: Ord. 74-768* *History: Ord. 15-435* #### § 2-8 Review of plans for buildings and facilities. Balt., Md., Code art. 31, § 2-8 (2026) (a) All designs, drawings, and plans prepared by any department or agency of the City for the construction or location of any public building, park, recreational area, or structure that may affect the movement of traffic in the City shall be submitted to the Director of Transportation for review and recommendation before any actual construction operations are commenced. (b) In all cases where designs, drawings, or plans are submitted to any department or agency of the City in connection with an application for a permit or authorization to construct or locate any proposed privately owned commercial or industrial building or structure, including but not limited to any off-street parking facility or garage to be used by the public, that may affect the movement of traffic in the City, the department or agency receiving designs, drawings, or plans shall immediately notify the Director of Transportation so that the Director may have an opportunity to review the designs, drawings, or plans and make recommendations relative to them. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord. 15-435* #### § 2-9 Street signs. Balt., Md., Code art. 31, § 2-9 (2026) The function of placing and maintaining suitable signs bearing names of streets throughout the City is removed from the Bureau of Mechanical-Electrical Service and placed under the Director of Transportation. *History: Ord. 66-827* *History: Ord. 75-920* *History: Ord. 15-435* #### § 2-10 Balt., Md., Code art. 31, § 2-10 (2026) Reserved #### § 2-11 Inconsistent laws, etc. Balt., Md., Code art. 31, § 2-11 (2026) Any and all laws, ordinances, and regulations and any and all parts of any and all laws, ordinances, and regulations in force in the City that are inconsistent with the provisions of this subtitle or with any rule, regulation, order, or directive adopted by the Director of Transportation under this subtitle are repealed to the extent of the inconsistency, and any and all laws, ordinances, and regulations and any and all parts of any and all laws, ordinances, and regulations in force in the City not inconsistent, amended, or superseded by the provisions of this subtitle or any rule, regulation, order, or directive adopted by the Director of Transportation remain in full force and effect. *History: Ord. 57-1006* *History: Ord. 15-435* #### § 2-12 Balt., Md., Code art. 31, § 2-12 (2026) Reserved ### Subtitle 3 – General Prohibitions #### § 3-1 Defacing, etc., imitating, traffic devices. Balt., Md., Code art. 31, § 3-1 (2026) It is unlawful for any person, without lawful authority, to wilfully deface, injure, imitate, move, or interfere with any signs, standards, post, safety zone, semaphore, tower, automatic signal, or any other traffic device, or any part of them, or with any directing lines or marks painted in the roadway, or on any curb or pavement, erected by authority of the City, or any directions, lines, or marks painted by authority of the City on any pavement, curb, or roadway for the purpose of directing traffic or parking vehicles. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord.75-920* *History: Ord. 15-435* #### § 3-2 Noncompliance with traffic devices. Balt., Md., Code art. 31, § 3-2 (2026) It is unlawful for any person to fail, neglect, or refuse to comply with any instruction or direction on any post, standard, sign, or with any directing lines or marks painted in the roadway, or on any curb or pavement, or other device erected by authority of the City for the regulation of traffic or parking on public highways. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord.75-920* *History: Ord. 15-435* #### § 3-3 Violating rules. Balt., Md., Code art. 31, § 3-3 (2026) It is unlawful for any person to violate any rule, regulation, order, or direction adopted by the Director of Transportation under this subtitle. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord.75-920* *History: Ord. 15-435* #### § 3-4 Balt., Md., Code art. 31, § 3-4 (2026) Reserved #### § 3-5 Penalties. Balt., Md., Code art. 31, § 3-5 (2026) Any person violating any of the provisions of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be fined for each and every offense not more than $100. *History: Ord. 51-1678* *History: Ord. 53-786* *History: Ord. 57-1006* *History: Ord.75-920* ### Subtitles 4 to 5 ### Subtitle 6 – Parking, Standing, and Stopping Regulations #### Part 1 – Method of Parking ##### § 6-1 In general. Balt., Md., Code art. 31, § 6-1 (2026) (a) In all cases where any vehicle is stopped or parked upon a 2-way roadway, the right-hand wheels of said vehicle shall be parallel to and within 12 inches of the right-hand curb or edge of the roadway. (b) In all cases where any vehicle is stopped or parked upon a 1-way roadway: (1) the right hand wheels of said vehicle shall be within 12 inches of the right-hand curb or edge of the roadway; or (2) the left-hand wheels shall be within 12 inches of the left-hand curb or edge of the roadway. (c) Where it has been determined that a roadway is of sufficient width to permit angle-parking without interfering with free movement of traffic, the Director of Transportation may permit angle-parking by the erection of signs so stating. (d) No vehicle shall be stopped or parked on any roadway in such manner that its front or rear is less than 4 feet distant from the front or rear of any other vehicle. *History: Ord. 26-823* *History: Ord. 37-524* *History: Ord. 74-765* *History: Ord. 15-435* ##### § 6-2 Motorcycles and motor bikes. Balt., Md., Code art. 31, § 6-2 (2026) Notwithstanding the provisions of § 6-1 of this subtitle, in all cases where motor-driven 2- or 3-wheel vehicles known generally as motorcycles or motor bikes shall stand upon the streets of the City: (1) they shall be so placed that either their front or rear wheels or both front and rear wheels are next to the curb and not more than 12 inches therefrom; and (2) said motor-driven 2- or 3-wheel vehicles known generally as motorcycles or motor bikes shall not protrude into the roadway for a distance of more than 5 feet. *History: Ord. 68-182* *History: Ord. 75-920* ##### § 6-3 Obstructing free passage. Balt., Md., Code art. 31, § 6-3 (2026) No vehicle shall be so parked or otherwise stopped as to prevent the free passage of other vehicles or street cars in both directions at the same time. *History: Ord. 26-823* ##### §§ 6-4 to 6-5 Balt., Md., Code art. 31, § 6-4 to 6-5 (2026) Reserved #### Part 2 – Places Prohibited ##### § 6-6 Fire hydrants, lanes, houses. Balt., Md., Code art. 31, § 6-6 (2026) (a) No vehicle shall stand within 15 feet of any fire plug or fire hydrant in any part of the City unless in actual charge of a person capable of running or operating the same. (b) (1) No vehicle shall stop within any designated fire lane on private property open to the use of the general public. (2) (i) The Fire Chief shall designate the lanes to be utilized as fire lanes. (ii) The owner of the property shall post these lanes in a manner approved by the Director of Transportation. (c) No vehicle may stop in front of or opposite to any fire engine house in spaces designated by the Director of Transportation. *History: Ord. 26-823* *History: Ord. 75-920* *History: Ord. 77-306* *History: Ord. 15-435* ##### § 6-7 Limited-access highways. Balt., Md., Code art. 31, § 6-7 (2026) No vehicle shall be permitted to stop at any limited-access highway within the confines of Baltimore City. *History: Ord. 78-884* ##### § 6-8 Entrances to parking lots or garages. Balt., Md., Code art. 31, § 6-8 (2026) No vehicle shall be permitted to stand, at any time, on a street adjacent to the entrance to a public parking lot or garage, for a distance of 8 feet from each side of said entrance. *History: Ord. 47-904* ##### § 6-9 Space reserved for disabled persons. Balt., Md., Code art. 31, § 6-9 (2026) (a) Each space restricted to the use of disabled persons must be marked by a sign that complies with this section. (b) A vehicle without special registration plates for disabled persons or not displaying a disabled person’s parking permit issued by the Motor Vehicle Administration may not be stopped in a space or zone marked in accordance with this section as restricted to the use of disabled persons, on private or City-owned property open to the use of the general public. (c) (1) The space or zone must be marked by a sign that meets the following specifications: (i) Sign size 18"x 24". (ii) Wheelchair symbol, white on blue background. (iii) Sign to read: Parking for (Wheelchair Symbol) vehicles displaying handicapped tags or Motor Vehicle Administration permit. Other cars towed away and owner subject to fine. (iv) Red letters on white background and red border. (2) Signs must be approved by the Director of Transportation. (d) After erection of a handicapped parking sign, the owner of the property shall notify the Director of Transportation that a sign has been posted in accordance with this section. *History: Ord. 78-856* *History: Ord. 79-1104* *History: Ord. 97-163* *History: Ord. 15-435* ##### § 6-10 Space reserved for small cars. Balt., Md., Code art. 31, § 6-10 (2026) (a) No vehicle larger than 5' 6" wide and 15' 6" long shall be permitted to be stopped or parked in any place marked as a parking space for small cars only. (b) A vehicle occupying such a parking space shall not extend beyond the painted parking stall markings. *History: Ord. 84-150* ##### § 6-11 Private property. Balt., Md., Code art. 31, § 6-11 (2026) (a) A person may not stop or stand a vehicle on any private property not owned by the owner or driver of the vehicle, unless the person has express or implied permission from the property owner, his tenant, or his agent to stop or stand the vehicle, as the case may be. (b) In Baltimore City, upon request of the owner, his agent, or his tenant, a police officer may issue a citation for a violation of the provisions of this section. *History: Ord. 83-1043* ##### § 6-12 Private driveways. Balt., Md., Code art. 31, § 6-12 (2026) (a) No vehicle may stop in or in front of any private driveway, without consent of the owner of the premises, in such manner as to obstruct or interfere with vehicles entering or leaving the premises. (b) On request of the owner or occupant of the premises, the Director of Transportation: (1) shall determine the distance from the driveway in question, not to exceed a distance of 10 feet, in which parking should be prohibited in order to prevent obstruction or interference with vehicles entering and leaving the premises or in order to expedite the free movement of traffic; and (2) either: (i) may authorize the owner or occupant of the premises to paint the curbs adjacent to the driveway for the distance so determined and with the type of paint specified by the Director; or (ii) if the owner of the premises so requests in writing and also agrees in writing to waive his or her right to consent to the obstruction of the driveway, may place signs that prohibit stopping during the hours that the Director finds necessary. (c) (1) On the written request of the owner or occupant and if the owner or occupant pays the complete cost of inspection, fabrication, and erection, the Director of Transportation shall: (i) determine, on a case-by-case basis, in the case of nonresidential property, the times when stopping is prohibited; and (ii) erect signs on either side of the entrance to a private way, driveway, or service drive. (2) Signs posted for residential property shall read “No Stopping Any Time – Cars Towed Away”. (3) Signs posted for nonresidential property shall read "No stopping from to . Cars Towed Away”, or “No Stopping Any Time – Cars Towed Away”, as determined by the Director of Transportation. (4) These signs are and shall remain the property of the City of Baltimore. (d) Nothing in this section is intended nor shall it be construed as an acceptance of dedication by the City of any private driveway, lane, alley, or street as public property. *History: Ord. 50-1386* *History: Ord. 51-1691* *History: Ord. 62-1345* *History: Ord. 65-464* *History: Ord. 81-425* *History: Ord. 95-506* *History: Ord. 15-435* ##### § 6-13 Public buildings. Balt., Md., Code art. 31, § 6-13 (2026) (a) In the following locations, no vehicle is permitted to stand longer than actually necessary to take on or discharge passengers, baggage, freight, or merchandise: (1) in front of the entrance to any church, theater, public dance or entertainment hall, or driveway (public or private); (2) within 25 feet to any entrance to any hospital; or (3) in front of any theater or place of amusement or in front of any exits or fire escapes from a theater or place of amusement, where performances or amusements are being held, or where persons in large numbers are assembled. (b) No vehicle is permitted to stand longer than actually necessary to take on or discharge passengers, baggage, merchandise, or freight in front of any shipping or receiving entrance to business houses and other places where “No Parking” spaces have been established by the Director of Transportation and designated by proper signs or markings. (c) No vehicle, not belonging to the Police Department, Fire Department, or other municipal departments, is permitted to stand longer than actually necessary to take on or discharge passengers, baggage, merchandise, or freight in any space reserved by appropriate signs or markings, provided by the Director of Transportation, in front of any public building or other places for the parking of vehicles belonging to the a municipal department. *History: Ord. 26-823* *History: Ord. 15-435* ##### § 6-14 Street cleaning routes. Balt., Md., Code art. 31, § 6-14 (2026) (a) The Director of Transportation shall, at the request of the Director of Public Works, post “Street Cleaning” signs on certain streets, lanes, or alleys throughout the City. (b) Whenever such signs are posted, no vehicle shall be permitted to park during the hours designated on such signs. (c) Any vehicle parked in violation of the aforesaid signs: (1) shall be subject to the impounding provisions set forth in § 31-7 of this article; but (2) shall be subject to the fine generally applicable to violations of this article. *History: Ord. 37-523* *History: Ord. 68-131* *History: Ord. 73-457* *History: Ord. 15-435* ##### § 6-15 Snow emergency routes. Balt., Md., Code art. 31, § 6-15 (2026) (a) Whenever the Director of Transportation has declared that an emergency exists due to the covering or partial covering of any of the streets in Baltimore City by snow, sleet, or freezing rain, no vehicle is permitted to park on any of the streets of the City that the Director has designated as “snow emergency routes”. (b) When a snow emergency has been declared by the Director of Transportation, the Police Commissioner may take possession of and remove any vehicle parked or abandoned so as to obstruct traffic on any street that has been designated as a “snow emergency route”. (c) To defray the cost of removing or towing any such vehicle, the Police Commissioner is hereby authorized to charge and collect: (1) the sum of $5 for each vehicle so removed, to cover the cost of removal and storage for a period, not exceeding 48 hours; with (2) an additional charge of $1 for each day or fraction thereof which said vehicle is stored in excess of the first 48 hours said vehicle is impounded, these charges to be in addition to any fine or other penalty imposed for the violation of any traffic ordinance. *History: Ord. 58-1234* *History: Ord. 58-1364* *History: Ord. 61-1060* *History: Ord. 99-526* *History: Ord. 15-435* ##### § 6-16 Passenger and freight loading zones. Balt., Md., Code art. 31, § 6-16 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Freight loading zone” means a space adjacent to a curb that, during specified times, is reserved exclusively for the use of commercial vehicles during the expeditious loading or unloading of property. (3) (i) “Passenger loading zone” means a space adjacent to a curb that, during specified times, is reserved exclusively for the use of vehicles that are loading or unloading passengers and their baggage. (ii) “Passenger loading zone” does not include: (A) a valet parking zone established under Title 14 {“Valet Parking”} of this article; or (B) a mobile vending zone designated under Article 15, § 17-5 {“Mobile vending zones”} for the use of mobile vendors. (b) (1) The Director of Transportation may determine the location of and operational hours for passenger loading zones and freight loading zones. (2) The Director shall place and maintain at each passenger loading zone and freight loading zone appropriate signs that: (i) indicate the location of the zone; and (ii) state the operational hours during which the restrictions of this section apply. (c) (1) No person may park a vehicle in a freight loading zone for any purpose or period of time during its operational hours. (2) No vehicle person may stop a vehicle in a freight loading zone for any purpose or period of time during its operational hours unless: (i) the vehicle is a commercial vehicle actually in the process of expeditiously loading or unloading property; or (ii) the vehicle is a passenger vehicle stopping for the purpose of and while actually engaged in expeditiously loading or unloading passengers, as long as its stopping does not interfere with any commercial vehicle that is waiting to enter or about to enter that zone. (d) (1) No person may park a vehicle in a passenger loading zone for any purpose or period of time during its operational hours. (2) No person may stop a vehicle in a passenger loading zone for any purpose or period of time during its operational hours unless the vehicle is a passenger vehicle stopping temporarily for the purpose of and while actually engaged in expeditiously loading or unloading of passengers and their baggage. *History: Ord. 26-823* *History: Ord. 54-1179* *History: Ord. 56-461* *History: Ord. 76-006* *History: Ord. 13-098* *History: Ord. 14-237* ##### § 6-17 Valet parking zones. Balt., Md., Code art. 31, § 6-17 (2026) (a) In this section, “valet parking zone” has the meaning stated in § 14-1 of this article. (b) No person may park a vehicle in a valet parking zone for any purpose or period of time during its operational hours unless the person: (1) is in the process of seeking valet parking services then being provided there; and (2) has been instructed by the valet parking attendant to park there. (c) No person may stop a vehicle in a valet parking zone for any purpose or period of time during its operational hours unless: (1) the person is in the process of seeking the valet parking services being offered there; or (2) the vehicle is a passenger vehicle stopping temporarily for the purpose of and while actually engaged in expeditiously loading or unloading passengers, as long as its stopping does not interfere with any other vehicle that is waiting to enter or about to enter the zone for valet parking services. *History: Ord. 13-098* ##### § 6-17.1 Mobile vending zones. Balt., Md., Code art. 31, § 6-17.1 (2026) (a) In this section, “mobile vending zone” means an area designated in accordance with Article 15, § 17-5 {“Mobile vending zones”} for the use of mobile vendors. (b) No person may park a motor vehicle in a mobile vending zone for any purpose or period of time during its operational hours unless the motor vehicle is a vendor truck as defined in Article 15, § 17-1(k) {“Definitions – Vendor truck”}. *History: Ord. 14-237* #### Part 3 – Waste Disposal ##### § 6-18 Stopping, etc., for unlawful dumping. Balt., Md., Code art. 31, § 6-18 (2026) A person may not park, stop, or stand any vehicle on any street, highway, or alley of Baltimore City for the purpose of disposing waste or other material in violation of the Health Code of Baltimore City. *History: Ord. 92-122* *History: Ord. 99-548* ##### § 6-19 Stopping, etc., without solid waste license displayed. Balt., Md., Code art. 31, § 6-19 (2026) A person may not park, stop, or stand any vehicle being used by a small hauler, as defined in Title 7 {“Waste Control”}, Subtitle 2 {“Solid Waste Collection”} of the Health Code, on any street, highway, or alley of Baltimore City unless its small hauler’s license is displayed as required by that subtitle. *History: Ord. 92-123* *History: Ord. 99-548* ##### § 6-20 Balt., Md., Code art. 31, § 6-20 (2026) Reserved #### Part 4 – Continual or Continuous Parking ##### § 6-21 Continually depriving occupant of parking spot. Balt., Md., Code art. 31, § 6-21 (2026) No specific vehicles shall be habitually parked in front of a building to the detriment of its use by the owner or occupant of such building. *History: Ord. 26-823* ##### § 6-22 Continuously parking in 1 spot. Balt., Md., Code art. 31, § 6-22 (2026) (a) No vehicle shall be permitted to stand more than 48 hours continuously in the same location. (b) (1) Provided, however, that nothing herein contained shall be applicable to: (i) vehicles of the Police Department or the Fire Department; (ii) any emergency vehicle belonging to the City or to any public utility; (iii) vehicles belonging to physicians or undertakers; or (iv) vehicles with disabled person registration plates. (2) And provided further that nothing herein contained shall be construed to modify in any way the restrictions or provisions of any ordinance or regulation as to parking of vehicles on any boulevard or through street, but such restrictions and provisions shall continue in effect as if this section had not been passed. *History: Ord. 26-823* *History: Ord. 32-279* *History: Ord. 48-326* *History: Ord. 75-920* *History: Ord. 86-808* *History: Ord. 88-136* *History: Ord. 89-262* *History: Ord. 93-191* *History: Ord. 06-347* *History: Ord. 18-195* ##### §§ 6-23 to 6-25 Balt., Md., Code art. 31, § 6-23 to 6-25 (2026) Reserved #### Part 5 – Commercial Vehicles and Trailers ##### § 6-26 Commercial vehicles. Balt., Md., Code art. 31, § 6-26 (2026) (a) (1) Except as otherwise specified in this section, no vehicle of Federal Highway Administration Class 6 or higher and no commercial vehicle may park, stand, or stop longer than 1 hour continuously on any street, lane, or alley in front of or adjacent to any property used or intended to be used as a residence. (2) This subsection does not apply to a commercial vehicle that is parked for the purpose of doing any public or private work for or on behalf of any person located within a radius of 1 block from the property used or intended to be used as a residence. (b) Except as otherwise specified in this section, no commercial vehicle may park, stand, or stop between the hours of 1 a.m. and 7 a.m. on any street, lane, or alley of the City. (c) This section does not apply to: (1) vehicles of the Police Department or the Fire Department; (2) emergency vehicles belonging to: (i) the City; (ii) any public utility; or (iii) any volunteer ambulance service; (3) private passenger vehicles, including automobiles, minivans, passenger vans, station wagons, and sport utility vehicles unless there is a trailer attached; (4) pickup trucks, unless the pickup truck has a trailer attached; (5) panel-body delivery trucks with less than 1,500 pounds (3/4 of a ton) manufacturer’s rating capacity, unless the panel-body delivery truck has a trailer attached; or (6) a vehicle engaged in loading as defined in § 1-1(q) of this article. *History: Ord. 48-232* *History: Ord. 48-378* *History: Ord. 88-136* *History: Ord. 03-591* *History: Ord. 11-506* *History: Ord. 11-507* *History: Ord. 13-092* *History: Ord. 15-349* *History: Ord. 20-397* *History: * ##### § 6-27 Balt., Md., Code art. 31, § 6-27 (2026) Reserved *History: Ord. 79-986* *History: Ord. 03-591* *History: Ord. 04-672* *History: * ##### § 6-28 Vendor trucks. Balt., Md., Code art. 31, § 6-28 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Mobile vendor” has the meaning stated in Article 15, § 17-1 {“Definitions”}. (3) “Vendor truck” has the meaning stated in Article 15, § 17-1 {“Definitions”}. (b) A mobile vendor may not park a vendor truck within 2 blocks in any direction of: (1) a mobile vending zone; (2) a City market designated in Article 16, § 1-2 {“Scope of article”}; (3) the grounds of any building used as a public or private kindergarten, elementary school, or secondary school; or (4) the perimeter of any farmers’ market authorized by the Commissioner of Housing and Community Development when the farmers’ market is in operation, unless the vendor truck prominently displays a document issued in accordance with the rules and regulations adopted under Article 15, § 17-4 {“Rules and Regulations”} that permits a waiver from this paragraph. *History: Ord. 14-237* *History: Ord. 14-307* ##### § 6-29 Camping trailers, mobile homes, motor homes, and travel trailers. Balt., Md., Code art. 31, § 6-29 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Camping trailer” has the meaning stated in State Transportation Article, § 11-106 {“Camping trailer”}. (3) “Mobile home” has the meaning stated in State Transportation Article, § 11-134 {“Mobile home”}. (4) “Motor home” has the meaning stated in State Transportation Article, § 11-134.3 {“Motor home”}. (5) “Travel trailer” has the meaning stated in State Transportation Article, § 11-170 {“Travel trailer”}. (b) Except as otherwise specified in this section, no camping trailer, mobile home, motor home, or travel trailer may park, stand, or stop longer than 1 hour continuously on any street, lane, or alley in front of, across from, or adjacent to any property used or intended to be used as a residence. (c) This section does not apply to: (1) vehicles of the Police Department or the Fire Department; or (2) emergency vehicles belonging to: (i) the City; (ii) any public utility; or (iii) any volunteer ambulance service. *History: Ord. 16-508* ##### § 6-30 Balt., Md., Code art. 31, § 6-30 (2026) Reserved #### Part 6 – Central Business District ##### § 6-31 District established; boundaries. Balt., Md., Code art. 31, § 6-31 (2026) A district is hereby established, to be designated and known as the “Central Business District”, and this district shall embrace that portion of the City lying within and bounded by the following named streets, the boundary streets to be included – that is to say: Beginning at the northwest corner of Centre Street and the Fallsway; north side of Centre Street to west side of Howard Street; west side of Howard Street to north side of Druid Hill Avenue; north side of Druid Hill Avenue to west side of Eutaw Street; west side of Eutaw Street to north side of Franklin Street; north side of Franklin Street to west side of Greene Street; west side of Greene Street to south side of Pratt Street; south side of Pratt Street to east side of West Falls Avenue; east side of West Falls Avenue to east side of the Fallsway; east side of the Fallsway to a point opposite the north side of Centre Street, thence to the place of beginning. *History: Ord. 26-823* *History: Ord. 41-668* ##### § 6-32 Advertising vehicles. Balt., Md., Code art. 31, § 6-32 (2026) No vehicle designed or employed for the express purpose of advertising any exhibition, performance, article, or thing shall be permitted to park on any of the streets, lanes, or alleys included in the territory herein designated and described as the Central Business District. *History: Ord. 26-823* ##### § 6-33 Vehicles in narrow streets, alleys. Balt., Md., Code art. 31, § 6-33 (2026) (a) Within the territory described in the Central Business District, no vehicle shall be permitted to stand in any streets or alleys, or portions of streets or alleys (between curb lines) of 20 feet in width, or less. (b) Provided, however, that this section shall not be enforced or applied unless and until appropriate signs are posted in conformance with the provisions of this section. (c) Provided that this section shall not apply to vehicles using such streets or alleys for the purpose of loading or unloading baggage, merchandise, or freight. *History: Ord. 26-823* *History: Ord. 52-385* ##### §§ 6-34 to 6-35 Balt., Md., Code art. 31, § 6-34 to 6-35 (2026) Reserved #### Part 7 – Designated Municipal Property ##### § 6-36 Stopping prohibited. Balt., Md., Code art. 31, § 6-36 (2026) No motor vehicle may stop or be permitted to stop, at any time, on any of the areas that, from time to time, are specified in this subtitle, unless the vehicle conspicuously displays a permit, approved by the Director of Transportation and issued by the head, chairman, or president, as the case may be, of the municipal agency having jurisdiction over the particular area, authorizing the motor vehicle to stop on the particular area. *History: Ord. 60-427* *History: Ord. 15-435* ##### § 6-37 Areas where applicable. Balt., Md., Code art. 31, § 6-37 (2026) (a) The areas to which this Part applies shall be as provided from time to time hereinbelow in this section. (b) The 2 areas adjoining or in close proximity to the Druid Health District Building, located on the southwest corner of North Avenue and Cumberland Street, and described as follows: Beginning for the first area at the corner formed by the intersection of the northwest side of Cumberland Street, 66 feet wide and the northeast side of Pennsylvania Avenue, 66 feet wide and running thence binding on the northeast side of said Pennsylvania Avenue North 42°-139'-00" West 139.0 feet; thence North 86°-50'-20" East 77.0 feet to intersect the line of the northeast side of the bituminous concrete bumpers, there situate; thence binding on the line of the northeast side of said bituminous concrete bumpers and producing the same course, in all, South 42°-26'-40" East 81.0 feet to intersect a line drawn parallel with and distant 9.0 feet northwesterly, measured at right angles from the northwest side of said Cumberland Street; thence binding on said line so drawn South 47°-33'-20" West 16.0 feet; thence South 42°-26'-40" East 9.0 feet to intersect the northwest side of said Cumberland Street and thence binding on the northwest side of said Cumberland Street South 47°-33'-20" West 42.0 feet to the place of beginning. Beginning for the second area at a point on the west side of Cumberland Street, as now laid out at the distance of South 03°-09'-40" East about 6.50 feet from the southwest corner of Cumberland Street and North Avenue, 100 feet wide, said point being formed by the intersection of the west side of said Cumberland Street and the line of the north side of the bituminous concrete bumpers, there situate, produced easterly and running thence binding on the west and northwest sides of said Cumberland Street the two following courses and distances, namely, South 03°-09'-40" East 16.40 feet and South 47°-33'-20" West 60.0 feet to intersect a line drawn parallel with and distant 4.11 feet easterly, measured at right angles from the east face of the east wall of the Druid Health District Building, there situate; thence binding on said line so drawn North 03°-09'-40" West 54.5 feet to intersect the line of the north side of the aforesaid bituminous concrete bumpers and thence binding on the line of the north side of said bituminous concrete bumpers and parallel with said North Avenue North 86°-50'-20" East 46.0 feet to the place of beginning. (c) The areas adjoining or in close proximity to the Western Health District Building, located on the northwest corner of Lombard and Penn Streets, and described as follows: Beginning for the first area at a point on the north side of Lombard Street, 66 feet wide, at the distance of 79.56 feet westerly from the northwest corner of Lombard and Penn Streets and running thence binding on the north side of said Lombard Street South 87°-10'-20" West 20.67 feet to intersect a line drawn parallel with and distant 100.17 feet westerly, measured at right angles from the west side of Penn Street, 55 feet wide thence binding on said line so drawn North 02°-49'-40" West 108.96 feet, to intersect a line drawn parallel with and distant 108.96 feet northerly, measured at right angles from the north side of said Lombard Street; thence reversing said line so drawn and binding thereon North 87°-10'-20" East 42.17 feet, to intersect a line drawn parallel with and distant 42.17 feet easterly, measured at right angles from the second line of this description; thence reversing said line so drawn and binding thereon South 02°-49'-40" East 59.63 feet, to intersect a line drawn parallel with and distant 49.33 feet northerly from the north side of said Lombard Street, thence binding on said line so drawn South 87°-10'-20" West 21.50 feet to intersect a line drawn parallel with and distant 20.67 feet easterly, measured at right angles from the second line of this description and thence reversing said line so drawn and binding thereon South 02°-49'-40" East 49.33 feet to the place of beginning. Beginning for the second area at a point on the east face of the westernmost wall of the Western Health District Building, known as No. 700 West Lombard Street, said point being distant North 02°49'-40" West 111.05 feet from the north side of Lombard Street, 66 feet wide, and South 87°-10'-20" West 99.20 feet from the west side of Penn Street, 55 feet wide and running thence binding on the east face of the westernmost wall of said building and parallel with said Penn Street North 20°-49'-40" West 42.05 feet; to intersect the south face of the northernmost wall of said building; thence binding on the south face of the north wall of said building and parallel with said Lombard Street North 87°-10'-20" East 79.6 feet to intersect a line drawn parallel with and distant 19.60 feet, westerly, measured at right angles from the west side of said Penn Street; thence reversing said line so drawn and binding thereon South 02°-49'-40" East 43.60 feet to intersect a line drawn parallel with and distant 109.50 feet northerly from the north side of said Lombard Street, thence binding on said line so drawn North 87°-10'-20" East 18.46 feet to intersect the west face of the easternmost wall of said building: thence binding on the west face of the easternmost wall of said building South 02°-49'-40" East 64.49 feet to intersect a line drawn parallel with and distant 45.01 feet northerly, measured at right angles from the north side of said Lombard Street; thence reversing said line so drawn and binding thereon South 87°-10'-20" West 55.75 feet to intersect a line drawn parallel with and distant 57.06 feet westerly, measured at right angles from the west side of said Penn Street; thence binding on said line so drawn North 02°-49'-40" West 65.75 feet to intersect a line drawn parallel with and distant 111.05 feet northerly measured at right angles from said Lombard Street and thence reversing said line so drawn and binding thereon South 87°-10'-20" West 42.14 feet to the place of beginning. (d) Those parking areas and driveways in close proximity to the Municipal Art Museum located within the following boundaries: Beginning at a point located 20 feet west of the westerly service drive median in Charles Street and 8 feet north of a point in line with the end of said median at the northerly entry into Art Museum Drive from Charles Street thence extending S. 89°-28'-29" W. a distance of 479.8 feet, thence extending S. 45°-30'-46" W. a distance of 424.88 feet, thence S. 14°-43'-12" a distance of 375 feet, thence in a northeasterly direction following the northerly building line of Art Museum Drive to the point of departure. *History: Ord. 60-427* *History: Ord.72-086* ##### § 6-38 Warning notices. Balt., Md., Code art. 31, § 6-38 (2026) (a) Notice of the possible removal of motor vehicles stopping on any 1 of the areas hereinbefore mentioned or described in violation of any provision of this subtitle shall be posted on signs prominently located on the particular area, and shall read as follows: “Cars Towed Away” (b) The phrase “cars towed away”, for the purpose of this subtitle, shall mean the removal of a motor vehicle by the Baltimore City Police Department. *History: Ord. 60-427* ##### § 6-39 Penalties. Balt., Md., Code art. 31, § 6-39 (2026) (a) Any motor vehicle stopping on, and any person causing any motor vehicle to stop on, any of the areas hereinbefore mentioned or described, in violation of the provisions of this subtitle shall be subject to the provisions of, and the fines and penalties imposed by Subtitle 31 of this article. (b) Any person causing any motor vehicle to stop on any of the areas hereinbefore mentioned or described, in violation of the provisions of this subtitle, between the hours of 6 p.m. of any particular day and 7 a.m. of the following day, or at any other time when the services and facilities operated by the Police Commissioner for the City of Baltimore in connection with the removal and impounding of motor vehicles found in violation of law are not available for the enforcement of the provisions of this subtitle, shall be fined not less than $15 nor more than $25 for each and every day, or any part thereof, that any such violation continues. (c) Any person causing any motor vehicle to stop on any of the areas hereinbefore mentioned or described, in violation of any provision of this subtitle shall be subject to either the provisions of subsection (a) or subsection (b) of this section, but not both, in connection with any such violation. *History: Ord. 60-427* ### Subtitle 7 – Metered Parking #### Part 1 – Administration ##### § 7-1 Authorizations. Balt., Md., Code art. 31, § 7-1 (2026) (a) The purchase, leasing, installation, and operation of certain parking devices, known generally as parking meters, are authorized on the streets, thoroughfares, and public places of the City. (b) The purchase, leasing, establishment, and operation of Mobile-Payment Systems for metered parking are authorized on the streets, thoroughfares, and public places of the City. (c) Paid metered parking spaces are authorized on these streets, thoroughfares, and public places, subject generally to the powers, authorizations, and conditions contained in this subtitle. (d) Parking meters may not be installed on either side of Madison Street between Charles Street and Howard Street. *History: Ord. 55-1346* *History: Ord. 94-289* *History: Ord. 06-198* *History: Ord. 16-537* ##### § 7-2 Contracts. Balt., Md., Code art. 31, § 7-2 (2026) The Board of Estimates, in accordance with the procedures outlined in the City Charter, may enter into one or more contracts for: (1) the leasing or purchasing and the installation and maintenance of parking meters; (2) the purchase of parts and equipment for the maintenance and operation of the parking meters, as the Board from time to time determines to be in the best interests of the City; and (3) the establishment and operation of Mobile-Payment Systems for metered parking. *History: Ord. 55-1346* *History: Ord. 06-198* *History: Ord. 16-537* ##### § 7-3 Types of metered parking. Balt., Md., Code art. 31, § 7-3 (2026) (a) The Director of Transportation shall install or cause the installation of parking meters and establish or cause the establishment of Mobile-Payment Systems, as provided in this subtitle. (b) In the Director’s discretion and as the Director determines to be best suited for the traffic needs of a particular area, metered parking may be for a 15-minute, 30-minute, 1-hour, 1½-hour, 2-hour, or other time period. *History: Ord. 55-1346* *History: Ord. 57-1108* *History: Ord. 68-249* *History: Ord. 69-416* *History: Ord. 06-198* *History: Ord. 16-537* ##### § 7-4 Methods of installation. Balt., Md., Code art. 31, § 7-4 (2026) (a) (1) Single-space parking meters may be installed in a manner that divides the street into units or stalls that are approximately 21 feet. (2) The meters shall be installed at the forward end of the curb parking space. (b) (1) Multi-space metered parking may be installed in a manner that permits parking without dividing the street into designated parking units or stalls. (2) At least one multi-space meter shall be installed and maintained on each street block where multi-space metered parking is permitted. (c) Metered parking for other than parallel parking may be installed in a manner that the Director of Transportation determines to be best suited for designating the parking spaces in the particular area. *History: Ord. 55-1346* *History: Ord. 06-198* *History: Ord. 16-537* ##### § 7-5 Metered parking operations. Balt., Md., Code art. 31, § 7-5 (2026) (a) (1) Each single-space parking meter shall be designed to display, on payment and activation, a signal that indicates legal parking for the duration paid for. (2) Each single-space parking meter shall also be designed: (i) to display continuously the time remaining until the legal parking duration expires; and (ii) at the expiration of that time, to display a signal that the legal parking duration has expired. (b) (1) Multi-space metered parking shall operate in accordance with one of the systems described in this subsection. (2) (i) A Pay-and-Display-Receipt System operates through a multi-space meter that, on payment and activation, issues a printed receipt that displays: (A) the amount of parking time purchased; and (B) the date and time at which the paid parking will expire. (ii) The meter shall contain clear instructions on how and where the receipt must be displayed on or in the parked vehicle. (iii) Failure to display the receipt in the manner specified subjects the parked vehicle to a parking violation the same as if the proper parking fee had not been paid. (3) (i) A Pay-and-Register-Tag System operates through a multi-space meter that, on payment and activation, records and transmits to parking enforcement: (A) the multi-space parking zone in which the vehicle is parked; (B) the license plate number of the vehicle; (C) the amount of parking time purchased; and (D) the date and time at which the paid parking will expire. (ii) Failure to register the correct license plate number subjects the parked vehicle to a parking violation the same as if the proper parking fee had not been paid. (4) (i) A Mobile-Payment System allows for payment of multi-space metered parking through one’s own mobile phone or other mobile communication device. (ii) On connection with the system and payment, the system records and transmits to parking enforcement: (A) the multi-space parking zone in which the vehicle is parked; (B) the license plate number of the vehicle; (C) the amount of parking time purchased; and (D) the date and time at which the paid parking will expire. (iii) Failure to register the correct license plate number subjects the parked vehicle to a parking violation the same as if the proper parking fee had not been paid. *History: Ord. 55-1346* *History: Ord. 06-198* *History: Ord. 16-537* ##### § 7-6 Display of hours, payment methods, and rates. Balt., Md., Code art. 31, § 7-6 (2026) Each parking meter or multi-space parking zone shall contain a conspicuous notice that: (1) clearly states the hours during which that meter or multi-space parking zone is in operation and any exceptions to those hours; and (2) clearly indicates: (i) the methods of payment (e.g., coins, bills, credit cards, or other approved method) that must be used for the legal parking of a vehicle; and (ii) the duration during which it is permissible to park at that meter on payment of the prescribed amount. *History: Ord. 55-1346* *History: Ord. 06-198* *History: Ord. 16-537* ##### § 7-7 Balt., Md., Code art. 31, § 7-7 (2026) Reserved ##### § 7-8 Setting rates and payment methods. Balt., Md., Code art. 31, § 7-8 (2026) Notwithstanding any other provision of this article: (1) the Director of Transportation may set the rates for metered parking on all metered-parking lots temporarily or permanently under the control of the City; and (2) with the approval of the Board of Estimates, the Director may: (i) set the rates for all other metered parking in the City; and (ii) designate the methods of payment to be used for the various parking systems. *History: Ord. 55-1346* *History: Ord. 57-1108* *History: Ord. 60-769* *History: Ord. 64-113* *History: Ord. 66-744* *History: Ord. 67-1213* *History: Ord. 68-249* *History: Ord. 69-416* *History: Ord. 71-1065* *History: Ord. 71-1194* *History: Ord. 71-1205* *History: Ord. 72-99* *History: Ord. 72-101* *History: Ord. 72-103* *History: Ord. 72-104* *History: Ord. 72-105* *History: Ord. 72-106* *History: Ord. 72-163* *History: Ord. 73-299* *History: Ord. 73-312* *History: Ord. 73-346* *History: Ord. 73-363* *History: Ord. 73-445* *History: Ord. 73-461* *History: Ord. 73-462* *History: Ord. 74-603* *History: Ord. 75-831* *History: Ord. 75-1006* *History: Ord. 75-1039* *History: Ord. 75-1040* *History: Ord. 76-148* *History: Ord. 81-388* *History: Ord. 99-526* *History: Ord. 06-198* *History: Ord. 16-537* ##### § 7-9 Rearrangements. Balt., Md., Code art. 31, § 7-9 (2026) (a) The establishment of metered parking in any particular place or area of this City is not a commitment by or obligation on the City to continue the use of metered parking in that place or area. (b) The Director of Transportation may discontinue, rearrange, or otherwise change metered parking systems on the streets, thoroughfares, and public places of the City so as best to provide for the City’s traffic needs. *History: Ord. 55-1346* *History: Ord. 06-198* *History: Ord. 16-537* ##### § 7-10 Maintenance. Balt., Md., Code art. 31, § 7-10 (2026) (a) The Director of Transportation shall keep all parking meters installed under this subtitle in a good operating condition, clean and properly painted. (b) (1) Each meter shall have a location number clearly marked on it in a conspicuous place. (2) This number: (i) shall be used to identify the location of the meter and, thus, of any vehicle charged with a parking violation at that location; and (ii) will serve as a means of identification for reporting defective meters, violations, or other occurrences. *History: Ord. 55-1346* *History: Ord. 06-198* ##### § 7-11 Notice to Councilmember. Balt., Md., Code art. 31, § 7-11 (2026) No new parking meter may be installed and no rate schedule may be established or modified until at least 30 days after written notice of the proposed action is given to the Councilmember who represents the affected area. *History: Ord. 06-198* ##### §§ 7-12 to 7-15 Balt., Md., Code art. 31, § 7-12 to 7-15 (2026) Reserved #### Part 2 – Compliance ##### § 7-16 Lawful parking. Balt., Md., Code art. 31, § 7-16 (2026) (a) Parking is permissible, on payment of the applicable fee, at the locations designated on the streets, thoroughfares, and public places of the City, for the duration indicated, as provided in this subtitle. (b) No vehicle is permitted to stand in the space reserved for any parking meter during the time when parking or stopping is prohibited at that location. *History: Ord. 55-1346* *History: Ord. 70-905* *History: Ord. 03-550* *History: Ord. 06-198* ##### § 7-17 Maximum time for parking. Balt., Md., Code art. 31, § 7-17 (2026) (a) (1) At any location where a parking meter is in active operation, it is lawful, on payment of the fee, to park a vehicle for the full duration designated as the maximum duration for legal parking. (2) The vehicle may be parked for the unexpired time, if any, showing on a single-space parking meter or on a multi-space receipt from a previous vehicle. (b) Any vehicle parked in a space adjacent to a single-space parking meter or in an area controlled by a multi-space parking meter for a duration longer than that designated is in violation of the parking provisions of this subtitle and subject to the penalties provided in this subtitle. *History: Ord. 55-1346* *History: Ord. 06-198* ##### § 7-18 Method of parking. Balt., Md., Code art. 31, § 7-18 (2026) (a) In an area specified for single-space meter parking, a driver may not park a vehicle in a space adjacent to a single-space parking meter, other than with the front wheel of the vehicle approximately centered on the standard or post supporting the parking meter. (b) (1) In an area controlled by a multi-space meter, the driver may park anywhere designated for parking, but should park in a manner that maximizes the number of vehicles able to park in the same area. (2) To the extent that only a portion of the street, thoroughfare, or public place is designated for multi-space meter parking, a driver may not park outside of the designated area using a multi-space meter receipt. *History: Ord. 55-1346* *History: Ord. 06-198* ##### § 7-19 Temporary stops by commercial vehicles. Balt., Md., Code art. 31, § 7-19 (2026) Commercial vehicles engaged in the expeditious pick-up or delivery of merchandise may stop in a vacant space adjacent to a single-space parking meter that is in active operation or in a vacant space controlled by a multi-space parking meter that is in active operation, at any time before10 a.m., without payment. *History: Ord. 55-1346* *History: Ord. 06-198* ##### § 7-20 Slugs or meter tampering prohibited. Balt., Md., Code art. 31, § 7-20 (2026) (a) It is unlawful for any person to deposit or cause to be deposited in a parking meter any slug, device, or substitute for a coin of the United States. (b) (1) It is unlawful for any person to deface, injure, tamper with, steal from, open, or wilfully break into, to destroy, to remove, or to impair the usefulness of any parking meter installed under this subtitle. (2) This subsection does not apply to: (i) any person authorized by the Director of Finance to collect money or other payment placed in parking meters; or (ii) any person authorized by the Director of Transportation to regulate, repair, or maintain parking meters. (c) Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,00 or to imprisonment for not more than 12 months, or to both fine and imprisonment. *History: Ord. 55-1346* *History: Ord. 60-347* *History: Ord. 06-198* ##### § 7-21 Unlawful parking. Balt., Md., Code art. 31, § 7-21 (2026) No person may permit a vehicle to park or remain in any space adjacent to a single-space parking meter that is in active operation or in any space in an area controlled by a multi-space parking meter that is in active operation: (1) beyond the period during which vehicles are permitted to park or remain in that space; (2) in any manner except as specified in this subtitle; (3) except as otherwise specifically provided in this subtitle, without paying the applicable fee; or (4) except as otherwise specifically provided in this subtitle, without displaying a multi-space parking receipt when and in the manner required by this subtitle. *History: Ord. 55-1346* *History: Ord. 99-526* *History: Ord. 06-198* ##### § 7-22 Exception for holidays. Balt., Md., Code art. 31, § 7-22 (2026) This subtitle does not apply and may not be enforced on: (1) New Year’s Day, January 1; (2) Independence Day, July 4; (3) Labor Day, the 1st Monday in September; (4) Thanksgiving Day, the fourth Thursday in November; and (5) Christmas Day, December 25. *History: Ord. 70-905* *History: Ord. 02-437* *History: Ord. 06-198* ##### §§ 7-23 to 7-25 Balt., Md., Code art. 31, § 7-23 to 7-25 (2026) Reserved #### Part 3 – Enforcement ##### § 7-26 In general. Balt., Md., Code art. 31, § 7-26 (2026) (a) The parking provisions of this subtitle shall be enforced by: (1) Baltimore City police officers; and (2) other persons authorized by law to issue citations for violations of parking laws. (b) Each violation shall be recorded, and a notice of the violation shall be left on the vehicle or delivered to the driver of the vehicle. *History: Ord. 55-1346* *History: Ord. 06-198* ##### § 7-27 Balt., Md., Code art. 31, § 7-27 (2026) Reserved ### Subtitle 8 – Exceptions to Parking Regulations #### § 8-1 Sundays and holidays. Balt., Md., Code art. 31, § 8-1 (2026) (a) (1) If a provision of this article governing the stopping, standing, or parking of vehicles does not contain an exception for Saturdays, Sundays, or legal holidays, the Director of Transportation may establish an exception to that provision for Saturdays, Sundays, or legal holidays. (2) An exception established under this section becomes effective when notice of the exception is posted on the street concerned. (b) Citations for stopping, standing, or parking may not be issued on any city, state, or federal holiday if the traffic control signs in the area state that parking restrictions do not apply on holidays. *History: Ord. 55-079* *History: Ord. 02-437* *History: Ord. 15-435* #### § 8-2 Balt., Md., Code art. 31, § 8-2 (2026) Reserved #### § 8-3 Funeral directors. Balt., Md., Code art. 31, § 8-3 (2026) It shall be lawful for any person, firm, or corporation, engaged in the business of funeral directing and licensed as such by the State Board of Funeral Directors and Embalmers of Maryland to park his, its, or their automotive equipment and vehicles on any street, alley, or highway, when answering calls for funeral services and when such automotive equipment and vehicles are being used in conducting a funeral, in the immediate vicinity of the home from which the deceased is being buried or in the immediate vicinity of a church wherein religious services in connection with a funeral are being held. *History: Ord. 43-875* #### § 8-4 Plate glass deliveries. Balt., Md., Code art. 31, § 8-4 (2026) (a) Vehicles operated by glass companies are permitted to stand by locations where parking is otherwise prohibited, including truck loading zones, while installing large plate glass windows or doors. (b) (1) These vehicles are not permitted to stand at locations where stopping is prohibited or where they will obstruct the free movement of vehicles or pedestrians unless they have a permit to do so from the Director of Transportation. (2) These permits shall be issued by the Director and shall be renewable yearly. (3) No more than 1 permit may be issued to each glass company. *History: Ord. 77-224* *History: Ord. 15-435* #### § 8-5 Banks. Balt., Md., Code art. 31, § 8-5 (2026) (a) On the joint application of a banking institution and a person or entity conducting a bank courier business in the City, the Director of Transportation may issue a permit authorizing that person or entity, or his or its agent or appointee, to park his or its vehicles, as provided in this section. (b) Vehicles with permits under this section may stand for a period of not more than 5 minutes at any 1 time, between the hours of 11 a.m. and 1 p.m. on weekdays, in front of or on the side of the premises of the banking institution specified in the permit, for the purpose of the withdrawal or deposit of substantial amounts of currency and evidences of indebtedness. *History: Ord. 45-261* *History: Ord. 15-435* ### Subtitle 9 – Parking for Disabled Individuals and Helpers #### Part 1 – Reserved Parking for Disabled Individuals ##### § 9-1 Criteria for obtaining. Balt., Md., Code art. 31, § 9-1 (2026) (a) A disabled individual may be eligible for a reserved parking space if the individual meets the following criteria: (1) the disability of the individual is permanent or of a nature expected to adversely affect the individual for at least 1 year; (2) the individual is unable to use public transportation, leaving a personal vehicle as the only means of transportation; (3) the individual is the sole operator of the vehicle or, if the individual is dependent upon a non-handicapped driver for transportation, the driver must reside in the same dwelling; (4) parking space is available that is not restricted by other parking regulations; (5) off-street parking is not available, such as a driveway, garage, or parking pad, on the individual’s property; and (6) the individual submits an application in the form that the Director of Transportation requires. (b) The application shall be accompanied by a physician’s statement, dated within the previous 6 months, describing the nature and anticipated duration of the disability and the disability’s effect on the mobility of the individual. *History: Ord. 88-041* *History: Ord. 97-129* *History: Ord. 09-211* *History: Ord. 15-435* *History: * ##### § 9-2 Procedure. Balt., Md., Code art. 31, § 9-2 (2026) (a) (1) Any individual desiring a reserved parking space and meeting the criteria of § 9-1 of this subtitle may submit an application for a reserved parking permit to the Department of Transportation. (2) The Department shall review each application. (b) If the Department reviews an application and determines that the applicant meets the criteria for a reserved parking space, then the Department shall issue a permit to the applicant. (c) (1) If the Department determines that the applicant does not meet the criteria for a reserved parking space, the Department shall so notify the applicant in writing stating the reason for the denial of space. (2) If the Department denies the permit, the applicant may appeal the decision to the Director, who shall review the case and may, in the Director’s discretion, reverse the denial and grant a temporary permit. *History: Ord. 88-041* *History: Ord. 15-435* *History: * ##### § 9-3 Use, renewal, and termination. Balt., Md., Code art. 31, § 9-3 (2026) (a) The permit shall be clearly displayed whenever the vehicle is parked in the reserved parking space. (b) (1) Every 5 years, the Department shall send a permit holder a document that affirms the permit holder still requires the use of the permit. (2) Upon receipt of the document under this subsection, the permit holder shall sign and return the document to the Department if the permit holder still requires use of the permit. (c) (1) The holder of a reserved parking permit or the holder’s heirs shall notify the Department when a reserved parking space is no longer needed. (2) Any person who reasonably believes that a permit holder has died, moved, or otherwise no longer requires a reserved parking permit may submit a request to the Department that the Department: (i) review the permit; and (ii) if necessary, require the permit holder to resubmit the documentation required by § 9-1 of this subtitle. (d) The Department shall revoke a reserved parking permit if: (1) false statements are made in the application; (2) the parking permit is misused; (3) new parking regulations are imposed which prohibit parking at any time; or (4) the disabled individual dies, moves from the premises, or no longer needs the space. (e) The Department shall biannually send a permit holder notice that: (1) confirms the individual has an active permit; (2) lists the permit holder’s contact information as it appears in the Department’s records; and (3) includes instructions for how a permit holder may update their contact information with the Department. *History: Ord. 88-041* *History: Ord. 15-435* *History: * ##### § 9-4 Forms, rules, and regulations; fees. Balt., Md., Code art. 31, § 9-4 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director shall develop forms and adopt rules and regulations to carry out this Part 1. (b) (1) Subject to the approval of the Board of Estimates, the Director may set and impose reasonable application and annual permit fees to help defray the cost of manufacturing, installing, and removing signs and otherwise administering this Part 1. (2) The fees set under this subsection do not apply to and may not be imposed if the disabled individual’s disability is, as shown on the physician’s statement, permanent. *History: Ord. 88-041* *History: Ord. 09-211* *History: Text Conformed 02/28/21* *History: * ##### §§ 9-5 to 9-10 Balt., Md., Code art. 31, § 9-5 to 9-10 (2026) Reserved #### Part 2 – Reserved Parking for Helpers ##### § 9-11 “Disabled person” defined. Balt., Md., Code art. 31, § 9-11 (2026) In this Part, “disabled individual” means an individual who meets the physical criteria for obtaining a reserved parking space for a disabled individual under § 9-1 of this subtitle. *History: Ord. 95-537* *History: Ord. 96-023* *History: * ##### § 9-12 Criteria and procedure for obtaining. Balt., Md., Code art. 31, § 9-12 (2026) (a) An individual who regularly renders assistance to a disabled individual may apply to the Department of Transportation for a permit for 1 reserved parking space at the disabled individual’s home. (b) (1) The application shall be made jointly by the disabled individual and the disabled individual’s designated helper. (2) The application shall be in the form that the Director requires and shall be accompanied by a physician’s statement, dated within the previous 6 months, describing the nature and anticipated duration of the disabled individual’s disability and the disability’s effect on the disabled individual’s mobility. (c) The Department shall review each application to determine that: (1) suitable off-street parking, such as a driveway, garage, or parking pad, is not available; (2) suitable parking space not restricted by other parking regulations is available; and (3) the disabled individual meets the criteria for a reserved parking space. *History: Ord. 95-537* *History: Ord. 09-211* *History: Ord. 15-435* *History: * ##### § 9-13 Assignment of space; restrictions. Balt., Md., Code art. 31, § 9-13 (2026) (a) On acceptance of the application, the Director shall designate and mark 1 space at a location to be determined by the Director. (b) (1) The Director may specify the days, times, location, and other restrictions the Director considers necessary in order to provide adequate parking in the neighborhood. (2) Any reserved parking space may be designated by the Director for use by more than 1 helper. *History: Ord. 95-537* ##### § 9-14 Annual permit. Balt., Md., Code art. 31, § 9-14 (2026) (a) The Director shall issue to the designated helper a permit which shall be displayed in the manner prescribed by the Director. (b) Permits shall be renewed each year in the manner and form determined by the Director. *History: Ord. 95-537* ##### § 9-15 Forms, rules, and regulations; fees. Balt., Md., Code art. 31, § 9-15 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may develop forms and adopt rules and regulations to carry out this Part 2. (b) (1) The Director may set and impose reasonable application and annual permit fees to help defray the cost of manufacturing, installing, and removing signs and otherwise administering this Part 2. (2) The fees set under this subsection do not apply to and may not be imposed if the disability of the individual being assisted is, as shown on the physician’s statement, permanent. *History: Ord. 95-537* *History: Ord. 99-211* *History: * ##### §§ 9-16 to 9-20 Balt., Md., Code art. 31, § 9-16 to 9-20 (2026) Reserved #### Part 3 – Towing Contracts for Parking Facilities ##### § 9-21 Contracts required. Balt., Md., Code art. 31, § 9-21 (2026) By October 1, 1997, and annually thereafter, the owner of any parking facilities with parking spaces required by law to be designated for the use of disabled persons must certify to the Mayor’s Commission on Disabilities that: (1) the owner has a contract for towing service to remove from the designated spaces any vehicle that does not display special registration plates for disabled persons or a disabled person’s parking permit; and (2) the contract is effective for the period of certification. *History: Ord. 97-163)* ### Subtitle 10 – Residential Permit Parking Program #### Part I – Definitions; General Provisions ##### § 10-1 Definitions. Balt., Md., Code art. 31, § 10-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Authority” means the Baltimore City Parking Authority. (c) “Block face” means all of 1 side of a given street between 2 consecutive intersecting streets. (d) “Dwelling unit” has the meaning stated in Baltimore City Zoning Code § 1-305(u) {“Dwelling unit”}. (e) “Executive Director” means the Executive Director of the Baltimore City Parking Authority or the Executive Director’s designee. (f) “Household” means all persons occupying a single dwelling unit as a “family”, as that term is defined in Baltimore City Zoning Code § 1-306(g) {“Family”}. (g) “Parking management plan” means a regulation issued by the Executive Director to establish and govern a Residential Permit Parking Area under this subtitle. (h) “Residential Permit Parking Program Area” or “Residential Parking Area” means an area designated under this subtitle in which resident vehicles displaying a valid permit are exempt from the parking time restrictions established under this subtitle. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 99-519* *History: Ord. 05-118* *History: Ord. 06-316* *History: Ord. 13-092* *History: Ord. 16-581* *History: Ord. 22-124* ##### § 10-2 Findings and declarations. Balt., Md., Code art. 31, § 10-2 (2026) (a) The Mayor and City Council finds and declares that serious adverse conditions in certain residential areas of the City result from motor vehicle congestion, particularly long-term parking of motor vehicles on the streets of those areas by nonresidents. (b) The Permit Parking Program established by this subtitle is intended: (1) to reduce hazardous traffic conditions resulting from the use of streets within these areas by nonresidents; (2) to protect these areas from polluted air and thereby assist in attaining national ambient air quality standards as required by the Federal Clean Air Act; (3) to protect these areas from excessive noise, trash and refuse caused by the entry of nonresident vehicles; (4) to protect the residents of these areas from unreasonable burdens in gaining access to their residences; (5) to preserve the residential character of those areas; (6) to preserve the value of the property in those areas; (7) to preserve the safety of children and other pedestrians; and (8) for the peace, good order, comfort, convenience, and welfare of the inhabitants of the City. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord.80-142* *History: Ord. 99-519* *History: Ord. 06-316* ##### §§ 10-3 to 10-5 Balt., Md., Code art. 31, § 10-3 to 10-5 (2026) Reserved #### Part II – Administration ##### § 10-6 Program established. Balt., Md., Code art. 31, § 10-6 (2026) There is a Residential Permit Parking Program. *History: Ord. 79-999* *History: Ord. 79-1192* *History: Ord. 80-142* *History: Ord. 99-519* *History: Ord. 06-316* ##### § 10-7 Parking Authority to administer. Balt., Md., Code art. 31, § 10-7 (2026) The Residential Permit Parking Program is administered by the Baltimore City Parking Authority. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 06-316* ##### § 10-8 Rules and regulations. Balt., Md., Code art. 31, § 10-8 (2026) (a) The Authority’s Board of Directors, established under § 13-7 of this article, shall adopt rules and regulations to: (1) implement the Program; (2) provide for the payment of major change costs under § 10-20 of this subtitle; (3) allow for the issuance of special permits under § 10-22(d) of this subtitle; and (4) otherwise carry out this subtitle. (b) A copy of all rules and regulations must be filed with the Department of Legislative Reference before they may take effect. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-9 Advisory Board. Balt., Md., Code art. 31, § 10-9 (2026) (a) There is a Residential Permit Parking Advisory Board. (b) (1) The Advisory Board consists of 11 members, to be appointed by the Executive Director of the Parking Authority. (2) Of these members: (i) 2 must be residents of a Residential Permit Parking Area that is within District 1, nominated by a neighborhood association representing a Residential Permit Parking Area in that district (that district being bounded as follows: beginning at the point where Harford Road meets the City Line, moving southwest on Harford Road to North Avenue, then west along North Avenue to the Jones Falls Expressway, then north on the Jones Falls Expressway, then west on West 28th Street continuing on to Druid Park Lake Drive, then northwest on Auchentrolly Terrace, then northwest on Reisterstown Road, then north on Park Heights Avenue to the City Line). (ii) 2 must be residents of a Residential Parking Area within District 2, nominated by a neighborhood association representing a Residential Permit Parking Area in that district (that district being bounded as follows: beginning where Park Heights Avenue meets the northern City line, moving southeast to Reisterstown Road, then southeast on Auchentrolly Terrace, then east on Druid Park Lake Drive, then south on I-83, then west on Orleans Street/W. Franklin Street/Rt. 40, then south on N. Hilton St., then west on Frederick Avenue/Frederick Road to the City Line). (iii) 2 must be residents of a Residential Parking Area within District 3, nominated by a neighborhood association representing a Residential Permit Parking Area in that district (that district being bounded as follows: beginning where Frederick Road meets the western City Line, moving east along Frederick Road continuing onto Frederick Avenue, then north on S. Hilton Street, then east on Rt. 40/W. Franklin Street, then south on N. Calvert Street, then west on E. Pratt Street, then south on S. Greene Street/Baltimore Washington Parkway/Russell Street to the City Line). (iv) 2 must be residents of a Residential Parking Area within District 4, nominated by a neighborhood association representing a Residential Permit Parking Area in that district (that district being bounded as follows: beginning where Baltimore-Washington Parkway meets the City Line, moving north continuing onto Russell Street and Greene Street, then east on W. Pratt Street to S. Calvert Street, then south to the Inner Harbor, the following the western banks of the Inner Harbor to the City Line, then following the southern City Line to the beginning point for District 4). (v) 2 must be residents of a Residential Parking Area within District 5, nominated by a neighborhood association representing a Residential Permit Parking Area in that district (that district being bounded as follows: beginning at the point where Harford Road meets the northern City Line, moving east to the eastern City Line, then south along the City Line to the eastern banks of the Inner Harbor, then northwest along the banks of the Inner Harbor to the point immediately below S. Calvert Street, then north to S. Calvert Street, continuing north to Orleans Street, then east to I-83, then north to North Avenue, then east to Harford Road, then north to the City Line). (vi) 1 is an at-large member, who must be a resident of any Residential Parking Area in the City. (3) If, within 30 days after requesting nominees from a district, the Executive Director receives fewer than 2 nominees from any district, the Executive Director may appoint any resident or residents of an RPP area in that district as needed to bring the number of members from each district up to 2, exclusive of the at-large member appointed under paragraph (2)(vi) of this subsection. (c) (1) The term of a member is 2 years. (2) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (3) A member who is appointed to fill a vacancy after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (d) From among its members, the Advisory Board: (1) shall elect a Chair; and (2) may elect a Vice-Chair, Secretary, and other officers. (e) In addition to any duties specified elsewhere in this subtitle, the Advisory Board shall: (1) seek to ensure that the Residential Permit Parking Program is effective and responsive to those it serves; (2) review and comment on proposed changes in the Residential Permit Parking Program, its policies, procedures, or enforcement; (3) investigate problem areas and recommend solutions to them; and (4) generally monitor, evaluate, and propose improvements to the Residential Permit Parking Program. *History: Ord. 06-316* *History: Ord. 13-092* *History: Ord. 13-175* ##### § 10-10 Balt., Md., Code art. 31, § 10-10 (2026) Reserved #### Part III – Area Participation ##### § 10-11 Participating areas. Balt., Md., Code art. 31, § 10-11 (2026) (a) Except as otherwise provided in this section, participation in the Program is available to the following areas: (1) the “Pimlico Race Track Area”, as described in § 10-33 of this subtitle; (2) the “Little Italy Area”, as described in § 10-34 of this subtitle; (3) the “Fells Point Area”, as described in § 10-35 of this subtitle; (4) the “Cross Street Area”, as described in § 10-36 of this subtitle; (5) the “Camden Yards Stadium Complex Area”, as described in § 10-37 of this subtitle; (6) the “Guilford Area”, as described in § 10-38 of this subtitle; (7) the “Brunt Street Area”, as described in § 10-39 of this subtitle; and (8) all other residential areas of the City that qualify under this subtitle. (b) (1) In this subsection, “Canton Area” means the area bounded by the outer limits of the following: Eastern Avenue to the north; S. Haven Street to the east; Boston Street to the south; and S. Patterson Park Avenue to the west. (2) Until December 31, 2017, the Parking Authority may not: (i) entertain any petition for the creation of a new Residential Parking Area that would include any part of the Canton Area; or (ii) approve any amendment to an existing Parking Management Plan that would extend an existing Residential Parking Area into any part of the Canton Area. *History: Ord. 79-999* *History: Ord. 79-1192* *History: Ord. 80-142* *History: Ord. 99-519* *History: Ord. 06-316* *History: Ord. 13-092* *History: Ord. 13-175* *History: Ord. 14-238* *History: * ##### § 10-12 Qualification requirements. Balt., Md., Code art. 31, § 10-12 (2026) To qualify for participation in the Program, an area must: (1) be a contiguous or nearly contiguous area that contains all or part of a public street or highway at least 1 side of which is primarily abutted by: (i) residential property; or (ii) residential and nonbusiness property, including schools, parks, churches, hospitals, and nursing homes; (2) consist of 1 of the following: (i) an area zoned as a residence district; (ii) blocks that are impacted by an existing Residential Parking Area; (iii) an area in which an entire block face is residential in use, including any block face that adjoins that area; or (iv) an area subject to a recorded master plan for subdivision and development into an area to be zoned as a residence district, where: (A) at least 50% of the development sites have been leased or conveyed to developers, rehabilitators, restorers, or occupants with lease, deed, or disposition agreement restrictions limiting improvements to residential uses only; (B) at least 50% of the planned development has been completed; and (C) at least 50% of the planned improvements are in fact used and occupied as residences; and (3) meet any additional criteria that the Authority establishes consistent with the guidelines and standards of this subtitle. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 91-760* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 99-519* *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-13 Petition. Balt., Md., Code art. 31, § 10-13 (2026) (a) (1) To be considered for participation in the Residential Permit Parking Program, a community association, neighborhood group, or group of residents must submit to the Parking Authority a written request to be included in a new or existing Residential Permit Parking Area. (2) The Authority will provide petitions to the requesting association or group. (3) For a block face to be considered for participation in the proposed Residential Permit Parking Area, the association or group must obtain signatures on the petition from an adult member of at least 60% of the households on the block face, (4) To be considered by the Parking Authority, the petitions issued by the Authority must be returned to the Authority within 120 days of their issuance. The Authority will not consider any petitions that the Authority has not provided. (5) The Authority must validate the signatures on the petitions by confirming the identities and addresses of the persons signing. (6) Failure to meet the 60% requirement for a block face eliminates the failing block face, but without affecting those block faces that meet the requirement, subject to subsection (b) of this section. (b) (1) Except as provided in paragraph (2) of this subsection, petitions may only be considered for an area that contains at least 10 adjacent block faces or 100 curb parking spaces. (2) Petitions from a smaller area shall be considered if: (i) the area is completely surrounded by commercial, industrial, or institutional uses; or (ii) the smaller area is impacted by an existing Residential Permit Parking Area. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 91-760* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 99-519* *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-14 Parking study. Balt., Md., Code art. 31, § 10-14 (2026) (a) On receipt of valid petitions, the Executive Director shall conduct a parking study within the area. (b) (1) In this subsection, “influence area” means the area surrounding a facility in which it could reasonably be expected that nonresident motor vehicle owners or operators using the facility would seek parking spaces. (2) Additional areas may be included in the study to cover: (i) adjacent areas of parking congestion; and (ii) influence areas of known parking congestion generators. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 91-760* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 99-519* *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-15 Criteria for further consideration. Balt., Md., Code art. 31, § 10-15 (2026) (a) In this section, “peak period” means: (1) the hours of 7 a.m. and 7 p.m. on weekdays ; or (2) that period during which the highest percentage of overall resident and nonresident parking utilization occurs. (b) (1) The area will be further considered for a Parking Management Plan if the results of the study demonstrate that the criteria specified in paragraphs (2) and (3) of this subsection are both satisfied: (2) At least 80% of the curb parking spaces in an adjacent 10-block area or area containing not less than 100 curb parking spaces were utilized during peak periods. The area identified need not coincide with the boundaries of the area identified in the petition if the study area was expanded to include known parking congestion nearby. (3) At least 25% of the curb parking spaces in the area identified in paragraph (2) of this subsection were utilized by nonresident parkers who were parked for 2 or more hours. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 91-760* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 99-519* *History: Ord. 06-316* ##### § 10-16 Parking Management Plan – Development. Balt., Md., Code art. 31, § 10-16 (2026) (a) If the criteria specified in § 10-15 {“Criteria for further consideration”} of this subtitle are satisfied, the Executive Director shall use the parking study to design a Parking Management Plan that addresses the identified problem. (b) In designing the Parking Management Plan, special attention will be given to: (1) the definition of a permit area boundary; and (2) the impact on various population groups. (c) The Executive Director will consider alternatives to permit parking, including: (1) parking time limits; (2) special meter zones; (3) 1-way streets; and (4) alternate-side-of-the-street parking. (d) (1) In this subsection, “off-street parking space” means an area, whether open or enclosed, that: (i) can accommodate the residential off-street parking of a motor vehicle; and (ii) complies with all applicable standards imposed by the Zoning and Building Codes of Baltimore City. (2) The Executive Director may: (i) consider the extent to which off-street parking spaces in the area are underutilized; and (ii) require in the Plan, as a condition of the establishment or modification of a Residential Parking Area and the issuance or renewal of parking permits, continued maintenance and use of: (A) all off-street parking spaces required by the Zoning Code for a specific dwelling or dwelling unit within the Residential Parking Area; and (B) any additional accessible off-street parking spaces located on the property of a dwelling or dwelling unit within the Residential Parking Area. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 99-526* *History: Ord. 13-092* ##### § 10-17 Parking Management Plan – Review. Balt., Md., Code art. 31, § 10-17 (2026) (a) (1) The Executive Director shall transmit the proposed Parking Management Plan to the Department of Planning for review and comment. (2) The Department of Planning shall review the economic impact of the plan on the nonresidential uses in the area. This review shall consider, among other things, the adequacy of available and future off-street parking for these nonresidential uses. (3) If there are special districts, historic areas or other special designations in or near the area, the Department of Planning shall transmit the proposed Plan to the appropriate City agencies for their comments. (4) All comments shall be submitted to the Executive Director within 30 days. (b) (1) The Executive Director shall present the proposed Parking Management Plan at a public meeting. (2) At least 21 days’ notice of the public meeting must be posted on the website of the Baltimore City Parking Authority and mailed to: (i) all properties in the proposed Residential Parking Area; (ii) all properties within 2 blocks of the boundary lines of the proposed Residential Parking Area; (iii) the community associations for the areas in or within 2 blocks of the proposed Residential Parking Area; (iv) the Mayor; (v) the members of the City Council; and (vi) all City agencies affected by the Plan. (3) The Executive Director may seek additional neighborhood comment on the proposed plan before he or she adopts a final Plan. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 99-526* *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-18 Parking Management Plan – Adoption. Balt., Md., Code art. 31, § 10-18 (2026) (a) (1) To adopt a Parking Management Plan, the Executive Director shall: (i) issue an administrative regulation that sets forth the final Plan, including any Residential Parking Area to be established under the Plan; and (ii) publish this regulation once in a newspaper of general circulation in the City. (2) Unless extended as provided in this section, the administrative regulation is effective for a period of not more than 6 months. (b) (1) The Executive Director may seek to extend the Plan indefinitely or for a term of years, by giving written notice of the proposed extension, not less than 30 days before the end of the 6-month period, to the President of the City Council. (2) If no written objection to the extension is made by any member of the City Council representing all or part of the affected area and forwarded to the Executive Director within 30 days of receipt of the written notice, the Plan is extended at the end of the 6-month period. (c) If a timely written objection is received by the Executive Director, the Council President shall introduce a proposed ordinance setting forth the provisions of the Plan and, depending on the passage or failure of the ordinance, the Plan will become effective in accordance with the terms of the ordinance or be of no further force or effect. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 99-526* *History: Ord. 06-316* *History: Ord. 09-217* *History: Ord. 13-092* ##### § 10-19 Parking Management Plan – Amendment. Balt., Md., Code art. 31, § 10-19 (2026) (a) At any time after a Parking Management Plan has been adopted by administrative regulation, the Mayor and City Council may enact an Ordinance rescinding or modifying the administrative regulation and the Parking Management Plan created by it. (b) (1) The Executive Director may modify an established Residential Permit Parking Plan in accordance with the following procedures. (2) (i) The Authority will provide petitions on a written request for a major or minor change in the Parking Management Plan. (ii) For a major change in the size of the Residential Permit Parking Area, the proponents of the amendment must obtain signatures on the petition from an adult member of at least 60% of the households within the Area. (iii) For a minor change in the size of the Residential Permit Parking Area, the proponents of the amendment must obtain signatures on the petition from an adult member of at least 60% of the households on the affected block face. (iv) To be considered by the Parking Authority, the petitions issued by the Authority must be returned to the Authority within 120 days of their issuance. The Authority will not consider any petitions that the Authority has not provided. (v) A petition for a major change may not be considered at any time within 12 months after a previous petition, for the same or any different major change for the Area, has been considered and approved or denied, in whole or in part. (vi) The Authority must validate the signatures on the petitions by confirming the identities and addresses of the persons signing. (3) (i) In this paragraph, “minor change” includes: (A) adding to or eliminating from a Residential Parking Area no more than 1 block face or 2 opposing block faces; or (B) adding or eliminating permit authorization under § 10-22(b)(2) of this subtitle for residents of corner properties. (ii) On a qualifying petition, minor changes may be made after consultation with: (A) the residents of the affected block face or faces; (B) the community associations for the Residential Parking Area; and (C) the Residential Permit Parking Advisory Board. (4) (i) In this paragraph, “major change” includes: (A) adding or eliminating 2 or more non-opposing block faces; (B) changing the hours or days of operation; (C) adding or modifying requirements for the use of off-street parking spaces; (D) providing permit eligibility for residents of dwelling units added to an existing Residential Parking Area, whether through new development or through redevelopment or renovation of existing buildings within the boundaries of the Area, when more than 5 dwelling units will be added to the Area by a project; (E) allowing for the new issuance of special permits in accordance with the rules and regulations established under § 10-22 (d) of this subtitle; or (F) terminating the Program. (ii) On a qualifying petition by the Area, major changes must be presented at a public meeting conducted by the Executive Director. (iii) At least 21 days’ notice of the public meeting must be mailed to: (A) all properties in the Residential Parking Area and in any area proposed to be added to the Residential Parking Area; (B) all properties within 2 blocks of the Residential Parking Area and within 2 blocks of any area proposed to be added to the Residential Parking Area; and (C) the community associations for the areas in or within 2 blocks of the Residential Parking Area and in or within 2 blocks of any area proposed to be added to the Residential Parking Area. (iv) The City Council must also be notified of the intended changes and, if within 30 days following the public meeting and journalized notice to the Council, no councilmember who represents the existing or proposed Residential Parking Area subject to the changes opposes the changes, the recommended changes may be adopted by the Executive Director. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 91-760* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 99-526* *History: Ord. 04-672* *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-20 Plan amendment costs. Balt., Md., Code art. 31, § 10-20 (2026) (a) A developer, property owner, or establishment seeking a major change to a Residential Permit Parking Plan under § 10-19 of this subtitle that would allow for the issuance of new permits of any type is responsible for the costs of the major change process, as determined by the Executive Director. (b) The rules and regulations adopted under § 10-8 of this subtitle must include rules and regulations to: (1) determine the costs of a major change process that must be paid under this section, (2) determine what parties are responsible for costs under this section, and (3) otherwise carry out this section. *History: Ord. 13-092* ##### § 10-21 Balt., Md., Code art. 31, § 10-21 (2026) Reserved #### Part IV – Permit Process ##### § 10-22 Eligibility for permit. Balt., Md., Code art. 31, § 10-22 (2026) (a) Resident and visitor permits issued under this subtitle may only be used for motor vehicles that: (1) are not prohibited from parking in residentially zoned areas; and (2) are registered under the Maryland Vehicle Law as one of the following: (i) a passenger car or station wagon (Class A); (ii) a motorcycle (Class D); (iii) a multipurpose passenger vehicle (Class M), other than a commercial vehicle; (iv) a low-speed vehicle (Class R); (v) a vehicle with a manufacturer’s rated capacity of ¾ ton or less (Class E); and (vi) a 2-axle light truck with a maximum gross vehicle weight of 10,000 pounds or less (Class EPO). (b) Except as otherwise limited by subsection (c) of this section and the applicable Parking Management Plan, the following persons are eligible for a permit: (1) any resident of a Residential Parking Area who owns or operates a motor vehicle of a class described in subsection (a) of this section; and (2) if expressly authorized by the applicable Parking Management Plan, any person who: (i) resides in a corner property that, while outside a Residential Parking Area, abuts a block face within a Residential Parking Area; and (ii) owns or operates a motor vehicle of a class described in subsection (a) of this section. (c) (1) Notwithstanding any other provision of this subtitle, a person is not eligible for a permit if the person resides in a dwelling unit that: (i) is not authorized by the Zoning Code of Baltimore City; or (ii) is occupied by more than the number of people authorized by the Zoning Code of Baltimore City. (2) Except as authorized by a rule or regulation of the Authority and for good cause shown, no more than 4 resident permits may be issued to or for the benefit of persons residing in the same dwelling unit. (3) Residents of dwelling units added to an existing Residential Parking Area, whether through new development or through redevelopment or renovation of existing buildings within the boundaries of the Area, are not eligible for permits unless: (i) 5 or fewer dwelling units are added as a result of the development, redevelopment, or renovation; or (ii) if more than 5 dwelling units are added as a result of the development, redevelopment, or renovation, permit eligibility for residents of the additional units is approved as a major change through the amendment process set out in § 10-19 of this subtitle. (d) The Authority may provide in its rules and regulations for the issuance of visitor permits for temporary use by bona fide visitors of residents of a Residential Parking Area. (e) After consultation with the representative for an affected Residential Parking Area, the Authority may provide in its rules and regulations for the issuance of special permits for use by patrons or employees of places of worship, schools, and businesses in the Residential Parking Area. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 91-760* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-23 Applications. Balt., Md., Code art. 31, § 10-23 (2026) (a) An application for a permit must be made on the form the Executive Director provides. (b) The application must contain the information and be accompanied by the documentation that the Executive Director requires to assure compliance with the residency and other requirements of this subtitle. (c) Each application must be signed under oath or affirmation, subject to the penalties of perjury. (d) Provisions must be made to enable all applicants, including those who lack internet access, to timely and conveniently submit their applications. *History: Ord. 06-316* *History: Ord. 09-217* ##### § 10-24 Fees. Balt., Md., Code art. 31, § 10-24 (2026) (a) The annual fee for a permit is as set by the Authority from time to time. (b) The Authority may set different fees for different Residential Parking Areas based on the days and number of hours during which parking restrictions are imposed in that Area. (c) Permit fees are not refundable. (d) No fee may be charged for any permit to an eligible resident in Areas A and B of the Camden Yards Stadium Complex Area, as described in § 10-37 of this subtitle. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 91-760* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 06-316* ##### § 10-25 Permit not assignable. Balt., Md., Code art. 31, § 10-25 (2026) No permit issued under this subtitle may be sold, assigned, or transferred to or for the benefit of any person. *History: Ord. 06-316* *History: Ord. 13-092* ##### §§ 10-26 to 10-27 Balt., Md., Code art. 31, § 10-26 to 10-27 (2026) Reserved #### Part V – Non-Permit Parking Restrictions ##### § 10-28 Maximum parking durations. Balt., Md., Code art. 31, § 10-28 (2026) (a) Except as otherwise provided in this subtitle or as authorized in the Parking Management Plan for a Residential Parking Area, parking for non-permit holders is limited during any 1 calendar day to 2 hours in any 1 or more parking spots anywhere within the Residential Parking Area. (b) (1) In the Residential Parking Area known as Area 1 (“Oakenshawe”), parking for non-permit holders is limited during any 1 calendar day to 2 hours in any 1 or more parking spots anywhere within the Residential Parking Area. (2) In the Residential Parking Area known as Area 2 (“Morgan”), parking for non-permit holders is limited during any 1 calendar day to 1 hour in any 1 or more parking spots anywhere within the Residential Parking Area between 7 a.m. and 9 p.m., Monday through Friday. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 91-760* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 05-118* *History: Ord. 06-316* *History: Ord. 11-405* *History: Ord. 13-092* ##### § 10-29 Hours when restrictions apply. Balt., Md., Code art. 31, § 10-29 (2026) (a) Except as otherwise provided in this section, the hours during which parking is restricted in a Residential Permit Parking Program Area are 7 a.m. to 7 p.m., weekdays only. (b) (1) The Executive Director may adjust these hours or days if the Director determines that the adjustment is required to prevent parking congestion. (2) For the purpose of this determination, the levels specified in § 10-15 {“Criteria for further consideration”} for overall parking utilization (80%) and nonresident utilization (25%) must be used. *History: Ord. 79-999* *History: Ord. 79-1193* *History: Ord. 80-142* *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 86-641* *History: Ord. 91-703* *History: Ord. 91-760* *History: Ord. 92-109* *History: Ord. 92-114* *History: Ord. 92-115* *History: Ord. 93-193* *History: Ord. 05-118* *History: Ord. 06-316* *History: Ord. 09-217* ##### §§ 10-30 to 10-32 Balt., Md., Code art. 31, § 10-30 to 10-32 (2026) Reserved #### Part VI – Statutory Areas ##### § 10-33 Pimlico Race Track Area. Balt., Md., Code art. 31, § 10-33 (2026) (a) The Pimlico Race Track Area is the area bounded by a point beginning at the intersection of Greenspring Avenue and Oakley Avenue and continuing westerly on Oakley Avenue to its point of intersection with Park Heights Avenue; then northerly on Park Heights Avenue to its point of intersection with Glen Avenue; then easterly on Glen Avenue to its point of intersection with the west side of Key Avenue; then southerly along the west side of Key Avenue (excluding both sides of Key Avenue itself, but encompassing all properties west of Key Avenue) to its point of intersection with W. Northern Parkway; then easterly on W. Northern Parkway to its point of intersection with Greenspring Avenue; then southerly on Greenspring Avenue to the point of beginning. (b) The Pimlico Race Track Area is not subject to § 10-14 {“Parking study”}, § 10-15 {“Criteria for further consideration”}, or Part V {“Non-Resident Parking Restrictions”} of this subtitle. (c) The hours during which parking may be restricted under a residential permit parking program may not exceed the period from 7:00 a.m. to 7:00 p.m. (d) A residential permit parking program developed under this section: (1) may be in effect only on a day when a racing meet is being held at the Pimlico Race Track, but (2) may not be in effect on Preakness Day. *History: Ord. 79-1193* *History: Ord. 06-316* *History: Ord. 11-498* ##### § 10-34 Little Italy Area. Balt., Md., Code art. 31, § 10-34 (2026) (a) The Little Italy Area is the area bounded by the outer limits of Pratt Street, Central Avenue, Duker Alley, and President Street. (b) The residential permit parking program for this area shall provide permits for the businesses located within the area to the same extent that they are provided to the residents. (c) The hours during which parking is restricted are 8:00 a.m. to midnight. (d) The parking duration for non-permit holders is limited to 3 hours. *History: Ord. 83-1120* *History: Ord. 85-483* *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-35 Fells Point Area. Balt., Md., Code art. 31, § 10-35 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Dwelling unit” means 1 or more rooms in a dwelling that: (i) are used as living facilities for no more than 1 family; and (ii) contain permanently installed bathroom and kitchen facilities reserved for the occupants of those rooms. (3) “Multi-family dwelling” means a dwelling that contains 5 or more dwelling units. (4) “Single family dwelling” means a dwelling that contains only 1 dwelling unit. (5) “Substantially renovated” means any reconstruction, rehabilitation, addition, or other improvement of a multi-family dwelling where the cost exceeds 50% of the replacement value of the multi-family dwelling. (b) The Fells Point Area is the area bounded by a point beginning at the intersection of South Caroline Street and southern side of Eastern Avenue and continuing easterly on Eastern Avenue to its point of intersection with South Washington Avenue; then southerly on South Washington Avenue to its point of intersection with Aliceanna Street; then westerly on Aliceanna Street to its point of intersection with South Wolfe Street; then continuing southerly on South Wolfe Street to its point of intersection with Fell Street; then continuing southerly along the east side of Fell Street to its point of termination; then continuing northerly along the west side of Fell Street to its point of intersection with South Wolfe Street; then continuing northerly on Fell Street to its point of intersection with Thames Street; then continuing westerly along Thames Street to its point of intersection with South Caroline Street; then continuing northerly on South Caroline Street to the point of beginning. (c) (1) The parking duration in the Fells Point Area for non-permit holders is limited to 2 hours, from 7:00 a.m. to 2:00 a.m the following morning, 7 days a week. (2) (i) For the block faces listed in subparagraph (ii) of paragraph (2) there is no parking for non-permit holders from 5:00 p.m. to 7:00 a.m the following morning, 7 days a week. (ii) Block faces:
Block Street Sides
700 Block Bond Street Both Sides
800 Block Bond Street Both Sides
700 Block South Ann Street Both Sides
800 Block South Ann Street Both Sides
900 Block Fell Street Both Sides
1500 Block Lancaster Street Both Sides
1600 Block Lancaster Street Both Sides
1700 Block Lancaster Street Both Sides
1800 Block Lancaster Street Both Sides
1600 Block Shakespeare Street Both Sides
(3) This subsection does not apply to a commercial vehicle that: (i) is parked for purposes of making a delivery or providing a service to a person in the Fells Point Area; and (ii) for that purpose described in subparagraph (i) of paragraph (3), during any 1 day is parked for no longer than 1 hour in any 1 or more parking spots within the Fells Point Area. (d) (1) Single-family dwellings located within the Fells Point Area are eligible for up to 4 resident permits and 1 visitor permit. (2) (i) Dwelling units existing within a multi-family dwelling located within the Fells Point Area are eligible for up to 2 residential parking permits and 1 visitor parking permit. (ii) (A) Dwelling units existing within a multi-family dwelling with 2 or more off-street parking spaces are not eligible for residential parking permits in the Fells Point Area. (B) Multi-family dwellings that require site plan review under § 4-203 of the Zoning Code of Baltimore City {“Applicability”}, and that are newly constructed or substantially renovated after 2013, are not eligible for residential parking permits. *History: Ord. 86-641* *History: Ord. 06-316* *History: Ord. 22-152* ##### § 10-36 Cross Street Area. Balt., Md., Code art. 31, § 10-36 (2026) The Cross Street Area is the area consisting of the 100 block of East Cross Street. *History: Ord. 91-703* *History: Ord. 06-316* ##### § 10-37 Camden Yards Stadium Complex Area. Balt., Md., Code art. 31, § 10-37 (2026) (a) The Camden Yards Stadium Complex Area is the area bounded by the outer limits of North Avenue, the western bank of the Jones’ Falls, the outer limits of Lawrence Street, Interstate I-95, and Monroe Street. (b) (1) The Camden Yards Stadium Complex Area is not subject to § 10-13 {“Petition”}, § 10-14 {“Parking study”}, § 10-15 {“Criteria for further consideration”}, or Part V {“Non-Resident Parking Restrictions”} of this subtitle. (2) For each block face to be considered, a petition must be submitted that contains the signature of an adult member of at least 60% of the households on the affected block face. (c) In the Camden Yards Stadium Complex Area, parking durations for non-permit holders may be restricted in whole or in part. (d) (1) In the Camden Yards Stadium Complex Area, block faces that are residential in use are eligible for residential permit parking privileges. (2) The residential permit parking program for stadium event restricted parking program - Area A (South Baltimore), Area B (Washington Village), and Area 5 (Ridgely’s Delight) shall provide permits for the businesses located within Area A, Area B, and Area 5 to the same extent that they are provided to the residents. (e) (1) There shall be a Camden Yards Stadium Complex Area Committee. (2) The Committee shall be composed of: (i) representatives of existing residential permit parking areas, community associations, business associations, and religious, educational, and nonprofit institutions in the Camden Yards Stadium Complex area, to be appointed by the Executive Director of the Parking Authority; (ii) the Commissioner of Police or the Commissioner’s designee; (iii) the Director of Transportation or the Director’s designee; and (iv) the Director of the Stadium Authority or the Director’s designee. (3) The Committee shall consider and make recommendations concerning any changes to the Camden Yards Stadium Complex Area. (f) Any other Residential Permit Parking Area that falls, in whole or in part, within the Camden Yards Stadium Complex Area is subject to all provisions of this section. *History: Ord. 92-109* *History: Ord. 93-193* *History: Ord. 06-316* ##### § 10-38 Guilford Area. Balt., Md., Code art. 31, § 10-38 (2026) (a) The Guilford Area consists of: (1) the unit blocks of St. Martin’s Road and East Bishops Road; and (2) 3701, 3703, 3705, and 3801 N. Charles Street. (b) Parking is restricted at all times. (c) (1) Except only as provided in paragraph (2) of this subsection, no parking is permitted for non-permit holders. (2) This subsection does not apply to a commercial vehicle that: (i) is parked for purposes of making a delivery or providing a service to a person in the Area; and (ii) for that purpose, during any 1 day is parked for no longer than 1 hour in any 1 or more parking spots within the Area. *History: Ord. 14-238* *History: Ord. 15-324* *History: Ord. 16-544* ##### § 10-39 Brunt Street Area. Balt., Md., Code art. 31, § 10-39 (2026) (a) (1) The Brunt Street Area is the area bounded by the outer limits of the 2100 block of Brunt Street. (2) The Brunt Street Area consists of the 2100 block of Brunt Street. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, parking for non-permit holders in Area ___ is limited to 2 hours in any 1 or more parking spots Monday through Friday, from 7:00 a.m. to 7:00 p.m. (2) In addition to the restrictions under paragraph (1) of this subsection, parking for non-permit holders is prohibited Saturday and Sunday. (c) Each dwelling unit within Area ___ is eligible for: (1) up to 4 resident permits; and (2) up to 2 visitor permits. (d) Residential parking permit restricting signage will be placed along all properties on the odd side of the 2100 block that are permit-eligible, with the exclusion of schools, churches, and businesses. *History: * #### Part VII – Prohibited Conduct ##### § 10-40 Falsifying or concealing information. Balt., Md., Code art. 31, § 10-40 (2026) No person may, in connection with any matter governed by this subtitle, willfully: (1) falsify, conceal, or cover up any material fact; or (2) submit any writing or document knowing that it contains a false or misleading statement or entry. *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-41 Fraudulently obtaining, etc., permit. Balt., Md., Code art. 31, § 10-41 (2026) No person may fraudulently obtain, keep, or attempt to obtain or keep a permit issued under this subtitle. *History: Ord. 06-316* ##### § 10-42 Counterfeiting or altering permit. Balt., Md., Code art. 31, § 10-42 (2026) No person may: (1) copy, create, or otherwise produce any counterfeit or facsimile of a residential area parking permit; or (2) alter any permit issued under this subtitle to change its expiration date or any condition of its use. *History: Ord. 06-316* ##### § 10-43 Using invalid permit. Balt., Md., Code art. 31, § 10-43 (2026) (a) No person may display in any vehicle: (1) any counterfeit or facsimile of a residential area parking permit; (2) any permit altered to change its expiration date or any condition of its use; or (3) a residential parking permit that has expired or is otherwise void. (b) No person may display any permit in a vehicle that is not of a class described in § 10-22(a) {“Eligibility for permit: Vehicles”} of this subtitle. *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-44 Misusing visitor or special permit. Balt., Md., Code art. 31, § 10-44 (2026) No person may: (1) charge any fee for the use of a visitor or special permit; (2) allow another to use a visitor or special permit in violation of any rule or regulation governing the use of those permits; or (3) sell or advertise for sale a visitor or special permit. *History: Ord. 06-316* *History: Ord. 13-092* ##### § 10-45 Landlord abuse. Balt., Md., Code art. 31, § 10-45 (2026) No landlord or other person may, directly or indirectly, require a tenant or other resident of a dwelling to allow the landlord or other person to use or control any permit issued to the tenant or other resident. *History: Ord. 06-316* ##### § 10-46 Aiding another in violation. Balt., Md., Code art. 31, § 10-46 (2026) No person may knowingly aid another in violating any provision of this Part VII. *History: Ord. 06-316* ##### § 10-47 Balt., Md., Code art. 31, § 10-47 (2026) Reserved #### Part VIII – Enforcement; Penalties ##### § 10-48 Suspension or revocation of permit. Balt., Md., Code art. 31, § 10-48 (2026) After notice and opportunity for a hearing, the Executive Director may suspend or revoke, as the circumstances warrant, all permits issued to or for the benefit of: (1) any person who violates any provision of Part VII {“Prohibited Conduct”} of this subtitle; and (2) all members of that person’s household. *History: Ord. 06-316* *History: Ord. 09-217* ##### § 10-49 Immobilizing vehicle. Balt., Md., Code art. 31, § 10-49 (2026) (a) If an unattended vehicle is found parked in violation of § 10-43 {“Using invalid permits”} of this subtitle, the vehicle may be impounded or immobilized pending surrender of the invalid permit. (b) The method of immobilization shall be the same as that used under § 31-21 {“Impounding or immobilization authorized”} of this article. (c) (1) Except as otherwise provided in paragraph (2) of this subsection, the provisions of §§ 31-25 through 31-31 of this article, governing notices, release of vehicle, right to a hearing, and prohibited tampering apply to an immobilization under this section. (2) For purposes of an immobilization under this section, however, references in §§ 31-25 through 31-31 of this article to release of a vehicle on “payment of a booting fee and other charges” shall be taken to mean payment of a booting fee and surrender to the Authority of the invalid permit. *History: Ord. 06-316* ##### § 10-50 Balt., Md., Code art. 31, § 10-50 (2026) Reserved ##### § 10-51 Prohibited conduct – Enforcement by citation. Balt., Md., Code art. 31, § 10-51 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, Part VII {“Prohibited Conduct”} of this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce Part VII of this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 06-316* ##### § 10-52 Prohibited conduct – Criminal penalties. Balt., Md., Code art. 31, § 10-52 (2026) Any person who violates any provision of Part VII {“Prohibited Conduct”} of this subtitle is guilty of a misdemeanor and, on conviction, is subject to fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. *History: Ord. 06-316* ### Subtitle 11 – Miscellaneous Reserved Parking #### § 11-1 Pratt bookmobiles. Balt., Md., Code art. 31, § 11-1 (2026) (a) The Enoch Pratt Free Library may park its vehicles for the display and lending of books, commonly known as bookmobiles, in areas where parking is permitted for limited periods of time, for the periods and at the locations that the Director of Transportation approves. (b) Permission to park under this section may be granted only on written application by a duly authorized representative of the Enoch Pratt Free Library to the Director of Transportation. (c) There shall be attached to each vehicle a special parking permit, as required by the Director of Transportation, showing the approval for each location where the bookmobile may be parked and the hours during which it may be parked at that location. (d) Sufficient notice of an intention to park a bookmobile in such a location shall be provided to the Police Commissioner in advance of the time when the bookmobile will be at a particular place, in order to facilitate the warning of other vehicles that the space will be reserved for the bookmobile for a specific time and location. *History: Ord. 55-1430* *History: Ord. 15-435* #### § 11-2 Balt., Md., Code art. 31, § 11-2 (2026) Reserved ### Subtitle 12 – Off-Street Parking Commission #### § 12-1 Commission; members. Balt., Md., Code art. 31, § 12-1 (2026) (a) Pursuant to the power and authority vested in the Mayor and City Council of Baltimore by Chapter 611, Laws of Maryland 1947, and Chapter 28, Laws of Maryland 1948, Special Session, and by Ordinance 48-338, approved July 2, 1948, there is a commission to be known as “The Off-Street Parking Commission of Baltimore City”. (b) (1) The Commission consists of 11 members. (2) 7 of the members shall be the following: (i) the Mayor or the Mayor’s designee; (ii) a member of the City Council, who shall be elected by that body; (iii) the Commissioner of Housing and Community Development or the Commissioner’s designee; (iv) the Director of Planning or the Director’s designee; (v) the Director of Transportation or the Director’s designee; (vi) the Director of Finance or the Director’s designee; and (vii) the Director of General Services or the Director’s designee. (3) 4 of the members shall be persons interested in the development and establishment of off-street parking facilities and other matters relating to parking, to be appointed by the Mayor in the manner prescribed by Article IV, § 6 of the City Charter. (c) None of the persons appointed by the Mayor under subsection (b)(3) of this section may, either at the time of appointment or during his or her term of office: (1) hold any other public office; or (2) be an officer, employee, agent, or representative of any individual, partnership, corporation, or association engaged in the business of storing, parking, or servicing motor vehicles. *History: Ord. 48-134* *History: Ord. 48-506* *History: Ord. 74-584* *History: Ord. 81-327* *History: Ord. 15-435* #### § 12-2 Terms; chair; compensation. Balt., Md., Code art. 31, § 12-2 (2026) (a) The person holding the particular public office stated in § 12-1(a)(1) of this subtitle shall serve until he ceases to hold office or until the particular office is abolished. (b) (1) The members appointed by the Mayor shall hold office for a term of 4 years, but in no event shall such term continue beyond the term of the Mayor who appointed them. (2) The members appointed by the Mayor shall continue in office until their respective successors are appointed. (3) Members of the Commission appointed by the Mayor shall be eligible for reappointment. (4) The members of the Commission appointed by the Mayor may be removed from office for cause in accordance with the provisions of Article IV, § 6 of the Baltimore City Charter. (c) One of the members shall be designated by the Mayor as Chairman of the Commission to serve for 4 years. (d) No member of the Commission shall receive any compensation for his services to the Commission. *History: Ord. 48-134* *History: Ord. 48-506* *History: Ord. 65-514* *History: Ord. 74-584* #### § 12-3 Director; staff. Balt., Md., Code art. 31, § 12-3 (2026) (a) The Commission may appoint a Director and such other personnel as are necessary for the proper performance of the duties of the Commission, said personnel to receive such compensation as has been approved by the Board of Estimates and provided for in the annual Ordinance of Estimates. (b) The Director and any other personnel employed by the Commission shall be subject to the provisions of the Classified Civil Service of the City of Baltimore. *History: Ord. 48-134* *History: Ord. 48-506* *History: Ord. 74-584* #### § 12-4 Meetings, records, and regulations. Balt., Md., Code art. 31, § 12-4 (2026) (a) (1) The majority of the Commission shall constitute a quorum to transact any business. (2) All sessions or meetings of the Commission except executive sessions shall be open to the public. (3) The Commission shall keep records of its proceedings, showing the vote of each member and each question, or if absent or failing to vote, indicating such fact. (b) The Commission shall keep a record of any resolutions, transactions, findings, terminations, and decisions, and all of the records of the Commission shall be filed in the Department of Legislative Reference and shall be public records. (c) The Commission may adopt such rules and regulations as it may deem necessary for the proper transaction of any business. *History: Ord. 48-134* *History: Ord. 48-506* *History: Ord. 74-584* #### § 12-5 Powers generally. Balt., Md., Code art. 31, § 12-5 (2026) (a) The Commission is hereby granted full power and authority to exercise and perform any and all of the powers and authority granted to, and conferred upon, the Mayor and City Council of Baltimore by Article II, § (20) of the City Charter. (b) The Commission is hereby granted full power and authority: (1) to administer and supervise the proceeds derived from the sale of the certificates of indebtedness authorized to be issued by Chapter 28, Laws of Maryland 1948, Special Session, and Ordinance 48-338, approved by the Mayor on July 2, 1948, and by the voters of Baltimore City on November 2, 1948, including, but not limited to, the expenditure and disposition of such proceeds; and (2) to exercise all of the powers and perform all of the duties mentioned in Sections 2, 3, and 4, inclusive, of Chapter 28, Laws of Maryland 1948, Special Session, and Sections 4, 5, and 8, inclusive, of Ordinance 48-338, approved July 2, 1948, which were contemplated and intended to be exercised and performed by an agency of the Mayor and City Council of Baltimore to be created by it, all as provided in said Act and Ordinance. *History: Ord. 48-134* *History: Ord. 48-506* *History: Ord. 74-584* #### § 12-6 Property acquisition. Balt., Md., Code art. 31, § 12-6 (2026) (a) The Commission is hereby authorized and empowered to institute or cause to be instituted, from time to time, in the name of, and for, the Mayor and City Council of Baltimore, such condemnation proceedings as may be necessary to acquire any and all lands or property of any kind, or any interest therein, in order to accomplish any and all of the purposes set forth in this subtitle. (b) (1) Where it is possible for the Off-Street Parking Commission to acquire sufficient land for a feasible project without exercising the powers of condemnation, the Commission shall have full authority to acquire the necessary property. (2) But where it is necessary for the Commission to condemn in order to acquire an area sufficient for a feasible off-street parking project, it shall be necessary to have the site approved by an Ordinance of the Mayor and City Council. *History: Ord. 48-134* *History: Ord. 48-506* *History: Ord. 74-584* #### § 12-7 Additional powers. Balt., Md., Code art. 31, § 12-7 (2026) In addition to the foregoing, the Commission shall have the following powers: (1) to prepare and be responsible for a comprehensive parking policy for Baltimore City; (2) to study patterns of available parking facilities; (3) to study and ascertain how available parking facilities influence and affect mass transit and other modes of transportation; (4) to study and make recommendations to appropriate City, State, or Federal agencies with regard to parking policy in Baltimore City; (5) to study parking fees and make recommendations in regard thereto; (6) to study general design criteria for parking facilities and recommendations in regard thereto; (7) to develop and implement a comprehensive downtown parking facility; (8) to assist any, and all public or private segments of the community involved in on-street or off-street parking; and (9) to study parking lot operations in Baltimore City. *History: Ord. 74-584* ### Subtitle 13 – Baltimore City Parking Authority #### § 13-1 Definitions. Balt., Md., Code art. 31, § 13-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Acquire” means to obtain by gift, purchase, lease, devise, or other legal means. (c) “Authority” means the Baltimore City Parking Authority. (d) “Board” means the Board of Directors of the Authority. (e) (1) “Borrowings” means the financing of capital needs by the Authority through revenue bonds or any other form of financing authorized by law. (2) “Borrowings” includes: (i) revenue bonds or notes; (ii) obligations issued in anticipation of revenue bonds or notes; (iii) certificates of participation; (iv) conditional purchase agreements; (v) purchase money instruments; and (vi) any other instrument delivered by the Authority to evidence a borrowing of funds. (f) “Contract” means any written note, bond, mortgage, indenture, lease, sublease, license, contract, agreement, instrument, financial arrangement, obligation, or other legally binding commitment. (g) “Demand management strategies” means measures used to control and reduce the demand for existing and new parking facilities. (h) “Develop”, when used in connection with a parking project, means to plan, design, construct, improve, expand, renovate, rehabilitate, equip, furnish, or convert property to create a parking project, either directly by the Authority or through the use of other persons. (i) “Enabling Act” means the State Parking Authorities Act, codified at Article 41, Title 14, Subtitle 3 of the Maryland Code, as amended from time to time. (j) “Operate”, when used in connection with a parking project, means to maintain, manage, repair, improve, expand, alter, modify, regulate, or otherwise control the operation of the parking project, either directly by the Authority or through the use of other persons. (k) “Parking Project” means all or part of any property in the City that the Authority is authorized to acquire, develop, or operate under the Enabling Act and this subtitle. (l) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person”also includes a governmental entity or an instrumentality or unit of a governmental entity. (m) “Property” includes: (1) any real or personal property, tangible or intangible; and (2) any interest in real or personal property, including any franchise, license, or easement. (n) “Public Bonds” means any borrowing evidenced by the issuance of bonds, notes, certificates, or other instruments that are sold or structured for sale to retail purchasers of municipal or public obligations and that are typically accompanied by the preparation of a prospectus, offering statement, or similar disclosure document. *History: Ord. 00-071* *History: Ord. 22-125* #### § 13-2 Construction. Balt., Md., Code art. 31, § 13-2 (2026) This subtitle and the powers granted under it must be broadly interpreted to allow the Authority to achieve the purposes of: (1) the Enabling Act; and (2) this subtitle. *History: Ord. 00-071* #### § 13-3 Authority established; purposes. Balt., Md., Code art. 31, § 13-3 (2026) (a) There is a Baltimore City Parking Authority, established under the Enabling Act as a body corporate and politic. (b) The Authority may: (1) sue and be sued; and (2) adopt, use, and alter at will a corporate seal. (c) The Authority is created for the purposes set forth in the Enabling Act. *History: Ord. 00-071* #### § 13-4 General powers. Balt., Md., Code art. 31, § 13-4 (2026) (a) (1) The Authority may exercise any of the following powers, either singly or in any combination, in each instance to the extent the Board determines is necessary or convenient to achieve the purposes of the Authority. (2) The powers enumerated in this section are in addition to any other powers or authorizations specifically granted to the Authority by law. (b) The Authority may acquire property: (1) to develop parking projects; or (2) otherwise as necessary or desirable for carrying out its purposes. (c) The Authority may acquire already-existing parking projects. (d) (1) The Authority may fund, develop, or construct parking projects. (2) The final design of any parking structure that the Authority funds, develops, or constructs is subject to the approval of the Planning Commission. (e) The Authority may operate the parking projects that it acquires or develops. (f) The Authority may: (1) contract with any person for the use, by persons other than the Authority, of all or part of any parking project; and (2) subject to the approval of the Board of Estimates, set the rates, tolls, rents, fees, charges, or other financial or non-financial impositions for any parking project. (g) To the extent permitted by the Enabling Act, the Authority may sell or otherwise transfer to the City or other persons its interest in any property or parking project. (h) (1) The Authority may enter into contracts necessary or convenient to the exercise of its powers. (2) The Authority’s contracts are not subject to Article VI, § 11 of the City Charter. (3) However, any contract involving an expenditure of $25,000 or more is subject to the approval of the Board of Estimates. (i) The Authority may: (1) conduct research and studies relating to parking and demand management strategies, including the preparation of short-term or long-terms plans; and (2) contract with persons to assist in these studies and plans. (j) The Authority may accept grants from any governmental entity, including the State and the City, or any political subdivision of the State, and from any other person. (k) The Authority may adopt bylaws for the management and regulation of its affairs. (l) (1) Subject to the approval of the Board of Estimates, the Authority may adopt rules and regulations governing the operation and use of its parking projects. (2) A copy of all rules and regulations must be filed with the Department of Legislative Reference before they take effect. (m) The Authority may do all other acts and things necessary or convenient to carry out the powers granted by this subtitle or by any other law. (n) To the extent not specifically made subject to laws and procedures that otherwise apply to units of the City government, the Authority is exempt from those laws and procedures. *History: Ord. 00-071* *History: Ord. 06-253* *History: Ord. 18-208* #### § 13-5 Management of City operations. Balt., Md., Code art. 31, § 13-5 (2026) (a) The functions authorized by this section may be exercised as necessary or appropriate to improve efficiency and maximize revenues, subject, however, to the limitations of applicable State and local laws and existing contractual obligations of the City. (b) Subject to the limitations specified in subsection (a) of this section, the City and the Authority may contract for the Authority’s undertaking any 1 or more of the following functions: (1) operation of 1 or more parking projects owned or controlled by the City; (2) installation and maintenance of City parking meters; (3) enforcement of City parking ordinances and regulations; and (4) otherwise managing part or all of the City’s parking operations. (c) (1) At least 45 days before it assumes any new function or any new part of a function under this section, the Authority must submit a written management and operations plan to the City Council and the Board of Estimates. (2) As long as the Authority is performing any function under this section, the Authority must submit an annual written report to the City Council and the Board of Estimates on its management and operations under this section. *History: Ord. 00-071* #### § 13-6 Limitations. Balt., Md., Code art. 31, § 13-6 (2026) (a) The Authority is not an agency of the Mayor and City Council of Baltimore, and its officers and employees are not agents or employees of the Mayor and City Council of Baltimore. (b) The Authority: (1) may not pledge the full faith and credit of the City or otherwise obligate the City to any borrowing or contract; (2) does not have any taxing authority; (3) may not exercise the power of eminent domain; and (4) may not issue any public bonds. (c) The Authority must indemnify and hold harmless the Mayor and City Council of Baltimore and its officers, agents, and employees against all acts, conditions, damages, suits, claims, and liabilities arising out of or in connection with any activities of the Authority or of its Board, Executive Director, officers, agents, or employees. *History: Ord. 00-071* #### § 13-7 Board of Directors — In general. Balt., Md., Code art. 31, § 13-7 (2026) (a) (1) The powers of the Authority are exercised by a Board of Directors. (2) The Board consists of 5 members, of which: (i) 4 are appointed by the Mayor and confirmed by the City Council; and (ii) 1 is a member of the City Council appointed by the City Council President. (b) (1) Each member of the Board must be: (i) a resident of Baltimore City; and (ii) a person of ability, experience, and integrity. (2) At least 1 member of the Board must have mass transit involvement. (c) (1) The term of a member is 3 years. (2) The terms of the members are staggered as required by the terms provided for the members first appointed to the Board. (d) (1) At the end of a term, a member continues to serve until his or her successor is appointed and qualifies. (2) A member who is appointed after a term has begun serves only for the rest of the term and until his or her successor is appointed and qualifies. (3) Members may be appointed to succeed themselves. However, a member may not serve more than 2 consecutive full terms. (e) The Mayor or City Council President, as the case may be, may remove at will any member of the Board appointed by him or her. (f) The members of the Board: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Board’s rules governing expenses. *History: Ord. 00-071* *History: Ord. 16-503* #### § 13-8 Board of Directors — Officers; staff; delegation. Balt., Md., Code art. 31, § 13-8 (2026) (a) (1) The Mayor designates the Chair of the Board. (2) From among its members, the Board must select a treasurer, a secretary, and any other officers that the Board determines. (b) (1) The Board must select an executive director, as provided in § 13-10 of this subtitle. (2) The Board may: (i) employ attorneys, accountants, technical experts, agents, and employees, permanent or temporary, as the Board requires; (ii) determine their qualifications and duties; and (iii) fix their compensation. (c) The Board may delegate to one or more of its agents or employees any of the Board’s powers that the Board considers necessary to carry out this subtitle. (d) No member of the Board may be held personally liable for the obligations of the Authority, and the rights of creditors may be exercised solely against the Authority. *History: Ord. 00-071* #### § 13-9 Board of Directors — Quorum; open meetings; public records. Balt., Md., Code art. 31, § 13-9 (2026) (a) Three members of the Board constitute a quorum. (b) All meetings of the Board must be conducted in accordance with the State Open Meetings Act, Title 3 of the State General Provisions Article. (c) All records of the Authority must be open to public inspection in accordance with the State Public Information Act, Title 4 of the State General Provisions Article. *History: Ord. 00-071* *History: Ord. 16-503* #### § 13-10 Executive Director. Balt., Md., Code art. 31, § 13-10 (2026) (a) The Executive Director is the chief administrative officer of the Authority. (b) (1) The Executive Director may not be a member of the Board. (2) The Executive Director serves at the pleasure of the Board. (3) Any employment contract with the Executive Director may not exceed 3 years, but may be renewed up to 3 years at a time by agreement between the Board and the Executive Director. (c) In addition to any other rights, powers, and duties granted by the Board, the Executive Director: (1) supervises and manages the day-to-day operations of the Authority and its employees and contractors; (2) prepares the Authority’s various plans and reports for review and approval by the Board; (3) implements the approved financial plan and arranges for the collection, deposit, and disbursement of all charges and revenues of the Authority; and (4) establishes the procedures and processes needed to perform the functions called for under the financial plan. *History: Ord. 00-071* #### § 13-11 Financial plan; annual report. Balt., Md., Code art. 31, § 13-11 (2026) (a) The Authority’s fiscal year is the same as the City’s fiscal year. (b) (1) Annually, the Board of Directors must develop and, subject to the approval of the Board of Estimates, adopt a financial plan for the ensuing fiscal year. (2) The financial plan for each fiscal year: (i) must contain the Authority’s proposed plan for both operations and capital expenditures in that fiscal year; and (ii) may include a narrative of initiatives to be undertaken by the Authority in its effort to develop parking projects and demand management strategies. (c) At least 2 months before the start of a new fiscal year, the Board of Directors must submit its proposed financial plan and all background material to the Board of Estimates for its review and approval. (d) Within 6 months after the end of each fiscal year, the Authority must publish and make available to the public an annual report that summarizes, in a non-technical, readable format: (1) the Authority’s activities during the preceding fiscal year; (2) the Authority’s future plans ; and (3) the Authority’s consideration and use of demand management strategies and the effectiveness of those strategies in reducing the need for new parking. *History: Ord. 00-071* #### § 13-12 Deposit of funds; audits and examinations; financial statement. Balt., Md., Code art. 31, § 13-12 (2026) (a) The Authority’s treasurer must deposit and invest all moneys received by the Authority in one or more financial institutions, consistent with the requirements of State Code Article 95, § 22F {“Local government investment guidelines”}. (b) (1) The Authority must: (i) maintain adequate books and records; and (ii) within 90 days after the end of each fiscal year, prepare audited financial statements in accordance with generally accepted governmental accounting principles. (2) A copy of the audited financial statements must be delivered to the Mayor, the President of the City Council, and the Board of Estimates. (c) The Board of Estimates may examine, at any time, the Authority’s books, accounts, and records. *History: Ord. 00-071* #### § 13-13 Tax exemption. Balt., Md., Code art. 31, § 13-13 (2026) To the fullest extent permitted under the Enabling Act, all of the Authority’s property is exempt from taxation of every kind and nature whatsoever. *History: Ord. 00-071* #### § 13-14 Borrowing. Balt., Md., Code art. 31, § 13-14 (2026) (a) (1) Subject to the requirements of this section, the Authority may engage in borrowings in furtherance of its purposes and powers. (2) No borrowing may involve the issuance by the Authority of any public bonds. (b) The Authority may secure any borrowing to the fullest extent permitted by the Enabling Act. (c) (1) Each borrowing must be approved by resolution of the Authority’s Board of Directors in accordance with the procedures in the Enabling Act for the approval of revenue bonds. (2) Each borrowing must also be approved by the Board of Estimates and the Board of Finance, which approval must specify all material matters with respect to the borrowing (e.g., issue date, maturity, interest rate, terms, form, denominations, manner of execution, place of payment, redemption, refunding, and security provided). *History: Ord. 00-071* #### § 13-15 Compliance with other City laws and regulations. Balt., Md., Code art. 31, § 13-15 (2026) (a) Any parking project developed by the Authority must be built under the laws, rules, and regulations of the City. The Authority must obtain all building, zoning, and other similar permits, where required, and must pay all applicable permit fees. (b) For any parking project on or proposed for a site that is located within an Historical and Architectural Preservation District or that is on the Landmark List or Potential-Landmark List, the Authority must comply with all requirements of City Code Article 6 {“Historical and Architectural Preservation”}. (c) The Authority is subject to and must comply with the City’s Minority and Small Business Opportunity Program. *History: Ord. 00-071* *History: Ord. 15-408* ### Subtitle 14 – Valet Parking #### Part I – Definitions; General Provisions ##### § 14-1 Definitions. Balt., Md., Code art. 31, § 14-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Attendant” means any individual who directs, drives, parks, or otherwise assumes control of a vehicle as part of a valet parking service. (c) “Authority” means the Baltimore City Parking Authority. (d) “Board of Directors’ means the Authority’s Board of Directors. (e) “Contract-operator” means an operator that provides valet parking services under contract with a host. (f) “Director of Transportation” means the Director of the Department of Transportation or the Director’s designee. (g) “Executive Director” means the Executive Director of the Authority or the Executive Director’s designee. (h) “Host” means any business establishment or other person that offers valet parking services to its patrons, whether: (1) directly through its own employees or agents; or (2) indirectly by contract with another person. (i) “Host-operator” means a host that provides valet parking services directly through its own employees or agents. (j) (1) “Operator” means any person that, through its employees or agents, provides or offers to provide valet parking services, whether as a contract-operator or a host operator. (2) “Operator” includes any host that provides or offers to provide valet parking services through its own employees or agents. (k) “Principal”, as used with respect to an operator or host, means: (1) a sole proprietor of the operator or host; (2) a partner, officer, or director of the operator or host; or (3) any stockholder of the operator or host who: (i) owns more than 25% of the voting stock of the operator or host; or (ii) notwithstanding the percentage of shares owned, has the power to direct or control the direction of the operator’s or host’s management or policies. (l) (1) “Valet parking service” means, except as specified in paragraph (3) of this subsection, any of the following acts performed for the benefit of a vehicle’s driver: (i) moving a vehicle from one location to another location for parking; or (ii) returning a vehicle from its parked location to another location for pick-up. (2) “Valet parking service” includes any act described in paragraph (1) of this subsection, whether: (i) a fee is charged for the service or not; or (ii) the service is provided by the host directly or by another person under contract with the host. (3) “Valet parking service” does not include attendant parking at an off-street parking facility. (m) “Valet parking zone” means a space adjacent to a curb that, during specified times, is reserved exclusively for valet parking services. *History: Ord. 13-098* *History: Ord. 22-125* ##### § 14-2 Balt., Md., Code art. 31, § 14-2 (2026) Reserved ##### § 14-3 Rules and regulations. Balt., Md., Code art. 31, § 14-3 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation, in consultation with the Authority, must adopt rules and regulations to carry out this subtitle. (b) The Director of Transportation must obtain prior approval of the Board of Estimates for any rule or regulation that sets an application, license, permit, or other fee to be imposed under this subtitle. *History: Ord. 13-098* *History: Text Conformed 02/28/21* ##### § 14-4 Balt., Md., Code art. 31, § 14-4 (2026) Reserved ##### § 14-5 Exemptions for certain temporary operations. Balt., Md., Code art. 31, § 14-5 (2026) (a) This subtitle does not apply to a temporary valet parking service if: (1) no professional operator is being used for the service; (2) no fee is charged to drivers or passengers using the service; (3) the service is being provided: (i) at a private residence; or (ii) for a public entity; and (4) the service is being provided by the host for no more than 3 days in any 12-month period. (b) If a professional operator is being used for the service, but all of the other conditions specified in subsection (a) of this section are met: (1) a parking zone permit under Part III of this subtitle is not required for the service; (2) the operator must be licensed under Part II of this subtitle and, except as provided in item (3) of this subsection, must comply with all other applicable requirements of this subtitle; and (3) with the approval of the Director of Transportation, the Executive Director may allow the operator to use public rights-of-way for parking, subject to the issuance of all permits otherwise required for the use of public rights-of-way. *History: Ord. 13-098* ##### § 14-6 Balt., Md., Code art. 31, § 14-6 (2026) Reserved #### Part II – Valet Operator’s License ##### § 14-7 License required. Balt., Md., Code art. 31, § 14-7 (2026) No operator may provide or offer to provide any valet parking service without first having obtained an operator’s license from the Authority. *History: Ord. 13-098* ##### § 14-8 Qualifications. Balt., Md., Code art. 31, § 14-8 (2026) (a) To qualify for an operator’s license, an applicant must meet the requirements of this section. (b) Neither the applicant nor any of the applicant’s principals, employees, attendants or other agents may have committed an act or omission within the preceding 12 months that, under § 14-41 of this subtitle, is cause for the denial, suspension, or revocation of an operator’s license. (c) (1) The applicant must have and maintain liability insurance coverage that covers, as insured parties: (i) the applicant; (ii) all hosts for which the operator is or may become under contract during the term of the license; and (iii) the Mayor and City Council of Baltimore. (2) The coverage provided must be of the type and for the amount that the City’s Office of Risk Management reasonably prescribes. *History: Ord. 13-098* ##### § 14-9 Applications. Balt., Md., Code art. 31, § 14-9 (2026) (a) An application for an operator’s license must be submitted in the form required by the rules and regulations adopted under this subtitle. (b) (1) The application must be accompanied by a non-refundable application fee to cover the cost of investigating and processing the application. (2) The amount of the fee is as set forth in the rules and regulations adopted under this subtitle. (c) The application must contain: (1) the applicant’s full legal name and any trade name(s) under which it operates; (2) the street address, telephone number, and email address of the applicant’s principal place of business; (3) the street address, telephone number, and email address of any other of the applicant’s places of business in the City; (4) the names, street addresses, telephone numbers, and email addresses of the applicant’s principals; (5) proof of insurance in the form and amount required under § 14-8(c) {“Qualifications: Liability insurance”} of this subtitle; (6) a statement as to whether the applicant proposes to provide valet parking services as a host-operator or as a contract-operator; (7) a listing of all valet parking licenses or valet parking permits issued to the applicant or to any principal of the applicant within the preceding 5 years, whether by the City or any other jurisdiction; (8) a list of all hosts in the City or any other jurisdiction that have used the applicant’s services within the preceding 2 years; (9) certification that neither the applicant nor any of the applicant’s principals, employees, attendants or other agents have committed an act or omission within the preceding 12 months that, under § 14-41 of this subtitle, is cause for the denial, suspension, or revocation of an operator’s license; (10) certification that each attendant employed by the applicant: (i) possesses a valid driver’s license; and (ii) is 18 years old or older; and (11) any other information required by the rules and regulations adopted under this subtitle. (d) The application must be signed, under oath or affirmation, subject to the penalties of perjury, by the applicant as follows: (1) if for a sole proprietorship, by its owner; (2) if for a partnership, by an authorized partner; and (3) if for a corporation, limited liability company, or similar entity, by an authorized officer. *History: Ord. 13-098* *History: Ord. 13-175* ##### § 14-10 Issuance. Balt., Md., Code art. 31, § 14-10 (2026) The Authority must issue a license to any applicant who : (1) meets the requirements of this subtitle; and (2) pays the applicable license fee. *History: Ord. 13-098* ##### § 14-11 Term and renewal. Balt., Md., Code art. 31, § 14-11 (2026) (a) An operator’s license expires on the 1st anniversary of its effective date and is renewable as provided in this section. (b) (1) To renew an operator’s license, the licensee must apply no less than 60 nor more than 90 days before the license expires. (2) The application for renewal must be in the form and contain the information required by the rules and regulations adopted under this subtitle. *History: Ord. 13-098* ##### § 14-12 License fees. Balt., Md., Code art. 31, § 14-12 (2026) The annual license fee is as set forth in the rules and regulations adopted under this subtitle. *History: Ord. 13-098* ##### § 14-13 License not transferable. Balt., Md., Code art. 31, § 14-13 (2026) An operator’s license issued under this part is not assignable or transferable to any other person. *History: Ord. 13-098* ##### § 14-14 List of licensees. Balt., Md., Code art. 31, § 14-14 (2026) The Parking Authority must: (1) maintain a list of all current licensees; and (2) provide the Department of Transportation with a copy the list whenever it is updated. *History: Ord. 13-098* ##### § 14-15 Balt., Md., Code art. 31, § 14-15 (2026) Reserved #### Part III – Valet Parking Zone Permit ##### § 14-16 Permit required. Balt., Md., Code art. 31, § 14-16 (2026) (a) No host may provide or offer to provide any valet parking service that uses any portion of a public right-of-way for drop-off, pick-up, parking, or temporary stopping or standing, except in compliance with a valet parking zone permit issued under this subtitle. (b) A valet parking zone permit may be issued by the Authority, with the approval of the Director of Transportation. *History: Ord. 13-098* ##### § 14-17 Qualifications. Balt., Md., Code art. 31, § 14-17 (2026) (a) To qualify for a valet parking zone permit, a host must meet the requirements of this Part III. (b) The host must: (1) hold a valid operator’s license issued under Part II of this subtitle; or (2) provide all valet parking services under contract with an operator that holds a valid operator’s license issued under Part II of this subtitle. (c) Neither the host, operator, nor any of the host’s or operator’s principals, employees, attendants, or other agents may have committed an act or omission within the preceding 12 months that, under § 14-41 or § 14-42 of this subtitle, is cause for the denial, suspension, or revocation of an operator’s license or a valet zone parking permit. *History: Ord. 13-098* ##### § 14-18 Applications. Balt., Md., Code art. 31, § 14-18 (2026) (a) An application for a valet parking zone permit must be submitted by the host in the form required by the rules and regulations adopted under this subtitle. (b) (1) The application must be accompanied by a non-refundable application fee to cover the cost of investigating and processing the application. (2) The amount of the fee is as set forth in the rules and regulations adopted under this subtitle. (c) The application must contain: (1) the host’s full legal name and any trade name(s) under which it operates; (2) the street address, telephone number, and email address of the host’s principal place of business; (3) the location at which the host proposes to provide valet parking services; (4) the nature of the business or other activity conducted by the host at that location; (5) if the host will be providing the valet parking services through its own employees and agents, the identification number of its host-operator’s application or license under Part II of this subtitle; (6) if the host will be providing the valet parking services under contract with an operator, the identification number of the contract-operator’s license issued under Part II of this subtitle; (7) a valet parking plan for the location that complies with § 14-19 {“Valet parking plan”} of this subtitle; (8) certification that neither the applicant nor any of the applicant’s principals, employees, attendants or other agents have committed an act or omission within the preceding 12 months that, under § 14-41 of this subtitle, is cause for the denial, suspension, or revocation of an operator’s license; and (9) any other information required by the rules and regulations adopted under this subtitle. (d) (1) The application must be signed, under oath or affirmation, subject to the penalties of perjury, by: (i) the host; and (ii) any contract-operator to be used to provide the service. (2) The individual signing on behalf of the host or a contract-operator must be: (i) if for a sole proprietorship, its owner; (ii) if for a partnership, an authorized partner; and (iii) if for a corporation, limited liability company, or similar entity, an authorized officer. *History: Ord. 13-098* ##### § 14-19 Valet parking plan. Balt., Md., Code art. 31, § 14-19 (2026) (a) The application must be accompanied by a valet parking plan that contains the following information. (b) The plan must specify: (1) the days of the week and the hours of those days during which valet parking services will be provided; and (2) the host’s seating or other occupancy capacity. (c) (1) The plan must include photographs of the proposed valet parking zone, including the curb space and roadway. (2) The number of photographs and the views to be shown are as set forth in the rules and regulations adopted under this subtitle. (d) The Plan must describe the proposed pattern of drop-off and pick-up of vehicles. (e) (1) The plan must identify, by name, address, telephone number, and, if available, email address, the off-street parking facility at which vehicles will be parked. (2) The parking facility must be: (i) licensed to the extent required by City Code Article 15, Subtitle 12 {“Parking Facilities”}; and (ii) located within a 1-mile radius of the valet parking zone. (3) (i) Unless the parking facility is on the host’s premises or otherwise owned or controlled by the host, the plan must include a copy of the lease or other agreement that authorizes the facility’s use for valet parking services. (ii) The lease or other agreement must specify: (A) the total number of parking spaces at the facility; and (B) the number of those spaces that are set aside for the exclusive use of vehicles from the valet parking service. (f) The plan must specify the route(s) to be driven between the valet parking zone and the off-street parking facility. (g) The plan must state: (1) the estimated number of vehicles that will be valet parked during each hour of operation; and (2) the estimated number of employees or agents that will provide valet parking services during each hour of operation. (h) The plan must provide the name(s), the daytime and nighttime telephone numbers, and the email address(es) of the individual(s) who will manage the valet parking services at the location. (i) The plan must contain verification that advance written notice of the application and valet parking plan has been provided to: (1) the owners of the properties adjoining the host property; (2) the owners of the properties immediately across the street from the host property; (3) the neighborhood associations on file with the Department of Planning as representing the affected area; and (4) the Councilmember(s) who represent the affected area. (j) The plan must include any other information required by the rules and regulations adopted under this subtitle. *History: Ord. 13-098* ##### § 14-20 Public notice; objections; hearing. Balt., Md., Code art. 31, § 14-20 (2026) (a) On filing an application and valet parking plan for a permit (other than a renewal permit), the applicant must post the proposed host property for 15 days, in accordance with the rules and regulations adopted under this subtitle. (b) If, within the 15-day posting period, the Director of Transportation receives no more than 9 written objections from property owners or residents within the same election precinct as the proposed host property, the valet parking zone permit may be issued as provided in this subtitle. (c) (1) If, within the 15-day posting period, the Director of Transportation receives 10 or more written objections from property owners or residents within the same election precinct as the proposed host property, the Director of Transportation must hold a hearing on the matter. (2) Unless the applicant agrees to a later date, the hearing must be held within 15 days after the last day of the 15-day posting period. (3) Written notice of the hearing shall be provided by first class mail at least 15 days prior to the hearing to all persons listed in § 14-19(i) of this subtitle. (4) At the hearing, parties in interest and citizens must be given an opportunity to be heard. (d) (1) The Director of Transportation must notify the applicant in writing of his or her decision to grant or deny the permit as follows: (i) if no hearing is held under § 14-20(c) of this subtitle, within 15 days after the last day of the 15-day posting period; and (ii) if a hearing is held under § 14-20(c) of this subtitle, within 15 days after conclusion of the hearing. (2) Any denial of a permit must be based solely on the qualifications, standards, and considerations set forth in this subtitle. (3) A notice of denial must: (i) specify the reasons for the denial; and (ii) notify the applicant of the opportunity to appeal the denial of the permit under § 14-46 {“Administrative appeals”} of this subtitle. *History: Ord. 13-098* ##### § 14-21 Review and considerations. Balt., Md., Code art. 31, § 14-21 (2026) (a) The Executive Director must: (1) review the valet parking plan for compliance with this subtitle; and (2) submit the plan, together with his or her findings and recommendations, to the Director of Transportation for approval or disapproval. (b) A valet parking plan may be approved only if: (1) the valet parking services will not unreasonably disrupt vehicular and pedestrian traffic; (2) the valet parking services will not pose a threat to public safety; and (3) the valet parking plan provides for enough attendants and other employees and agents to efficiently handle the projected number of vehicles during all hours of valet parking services. (c) The following criteria may also be considered in deciding whether to approve a valet parking plan: (1) the number of off-street parking spaces that will be available during valet parking services; (2) normal traffic conditions at the time of valet parking services; (3) the time required to travel safely, on foot and by vehicle, to and from the valet parking zone and the off-street parking facility in which vehicles will be parked; (4) the estimated number of vehicles that will be parked during each hour of valet parking services; (5) the average length of time a vehicle will be parked during valet parking hours; and (6) the distance between the valet parking zone and the off-street parking facility in which vehicles will be parked. (d) In approving a plan, the Director of Transportation makes the final determination of: (1) the location of the valet parking zone; (2) the size of the zone; (3) the hours of operation; and (4) the conditions of operation. *History: Ord. 13-098* ##### § 14-22 Special conditions. Balt., Md., Code art. 31, § 14-22 (2026) (a) The issuance of a valet parking zone permit is conditioned on receipt of a written agreement by the host and by any contract-operator providing services under the permit that they each, jointly and severally, will save harmless and indemnify the Parking Authority of Baltimore City the Mayor and City Council of Baltimore, and their officers, agents, and employees from all suits, losses, claims, liabilities, damages, or expenses to which any of them is subjected as a result of a valet parking zone permit or the operation of valet parking services. (b) The Director of Transportation may impose reasonable limitations and conditions on any valet parking zone permit issued under this part as necessary or proper to: (1) protect the public safety; (2) protect the public’s right to equal access of public property; and (3) ensure that normal vehicular and pedestrian traffic flow is not unreasonably disrupted. *History: Ord. 13-098* ##### § 14-23 Establishment of zone; issuance of permit. Balt., Md., Code art. 31, § 14-23 (2026) On approval of the application and the valet parking plan, the Director of Transportation may establish a valet parking zone for and issue a valet parking zone permit to any host who: (1) commits to abide by an approved valet parking plan; (2) commits to meet all of the other requirements of this subtitle; and (3) pays the applicable permit fee. *History: Ord. 13-098* ##### § 14-24 Posting of zone. Balt., Md., Code art. 31, § 14-24 (2026) As soon as practical after the approval of a valet parking zone, the Director of Transportation shall place appropriate signs that: (1) indicate the location of the zone; and (2) state the operational hours during which restrictions apply. *History: Ord. 13-098* ##### § 14-25 Term and renewal. Balt., Md., Code art. 31, § 14-25 (2026) (a) (1) Except as provided in paragraph (2) of this subsection, a permit issued under this part expires on the 1st anniversary of its effective date and is renewable as provided in this section. (2) By rule or regulation adopted under this subtitle, the Director of Transportation may provide for the issuance of short-term permits for special events. (b) (1) To renew an annual permit, the host must apply no less than 60 nor more than 90 days before the license expires. (2) The application for renewal must be in the form and contain the information required by the rules and regulations adopted under this subtitle. (c) (1) If, before the end of the renewal period, 10 or more written objections from property owners or residents within the same election precinct as the permitted premises are filed with the Director of Transportation, the Director of Transportation must hold a public hearing on the proposed renewal. (2) Parties in interest and citizens must be given an opportunity to be heard. (3) Any denial of a renewal permit must be based solely on the qualifications, standards, and considerations set forth in this subtitle. *History: Ord. 13-098* ##### § 14-26 Permit fees. Balt., Md., Code art. 31, § 14-26 (2026) The amount of the permit fees are as set forth in the rules and regulations adopted under this subtitle. *History: Ord. 13-098* ##### § 14-27 Permit not transferable or shareable. Balt., Md., Code art. 31, § 14-27 (2026) A permit issued under this part to any host is not assignable or transferable to, or shareable with, any other host not identified in the permit. *History: Ord. 13-098* ##### §§ 14-28 to 14-30 Balt., Md., Code art. 31, § 14-28 to 14-30 (2026) Reserved #### Part IV – Standards of Operation ##### § 14-31 Licensed operator required. Balt., Md., Code art. 31, § 14-31 (2026) No host may use the valet parking services of any entity that is not a licensed operator or of any individual who is not an employee or agent of a licensed operator. *History: Ord. 13-098* ##### § 14-32 Locations and hours. Balt., Md., Code art. 31, § 14-32 (2026) Valet parking services may be offered only in the locations and during the hours specified on the valet parking zone permit. *History: Ord. 13-098* ##### § 14-33 Valet parking zones. Balt., Md., Code art. 31, § 14-33 (2026) (a) The drop-off and pick-up of vehicles for valet parking services may be conducted only in a designated valet parking zone. (b) During the hours specified in the valet parking zone permit, a valet parking zone may be used only for the immediate drop-off and pick-up of vehicles. *History: Ord. 13-098* ##### § 14-34 Attendants. Balt., Md., Code art. 31, § 14-34 (2026) (a) Every attendant must: (1) possess a valid driver’s license; and (2) be 18 years old or older. (b) Each attendant must wear a uniform top that clearly identifies the operator of the valet service. *History: Ord. 13-098* ##### § 14-35 Transporting and parking vehicles. Balt., Md., Code art. 31, § 14-35 (2026) (a) Attendants must immediately remove vehicles from the valet parking zone and take them directly to the applicable off-street parking facility. (b) The operator, its attendants or other employees or agents, may not park, stop, or leave a vehicle: (1) on any right-of-way, even if on-street public parking is generally allowed; or (2) anywhere else other than in the off-street parking facility designated in the valet parking plan. (c) The operator, its attendants or other employees or agents, must comply with all applicable traffic laws and parking regulations when providing valet parking services. *History: Ord. 13-098* ##### § 14-36 Signage. Balt., Md., Code art. 31, § 14-36 (2026) (a) During all hours of operation, the operator must prominently display at least 1 sign that identifies: (1) the operator; (2) the host for which the operator is working; and (3) any fee being charged for the valet parking services. (b) All signage must comply with all laws, rules, and regulations governing signs and permits. *History: Ord. 13-098* ##### § 14-37 Permit and operator’s license inspection. Balt., Md., Code art. 31, § 14-37 (2026) At all times, the valet parking zone permit and a copy of the operator’s license must be available for inspection at the host’s establishment. *History: Ord. 13-098* ##### §§ 14-38 to 14-40 Balt., Md., Code art. 31, § 14-38 to 14-40 (2026) Reserved #### Part V – Administrative Enforcement ##### § 14-41 Denials, suspensions, or revocations – Operator’s license. Balt., Md., Code art. 31, § 14-41 (2026) The Parking Authority, subject to the approval of the Director of Transportation, may deny, suspend, or revoke an operator’s license or renewal license for any of the following causes: (1) making any material false statement in any application for an operator’s license or in any application or accompanying valet parking plan for a valet parking zone permit; (2) failing to pay the applicable license fee on or before its due date; (3) providing valet parking services in a way that endangers public safety; (4) providing valet parking services that unreasonably disrupt vehicular or pedestrian traffic; (5) violating any other provision of this subtitle, of a rule or regulation adopted under this subtitle, or of a limitation or condition imposed on a license or permit issued under this subtitle; or (6) otherwise failing to meet the qualifications or other requirements of this subtitle for a license. *History: Ord. 13-098* *History: Ord. 16-587* ##### § 14-42 Denials, suspensions, or revocations – Host’s parking zone permit. Balt., Md., Code art. 31, § 14-42 (2026) The Director of Transportation may deny, suspend, or revoke a valet parking zone permit or renewal permit for any of the following causes: (1) making any material false statement in any application or accompanying valet parking plan for a valet parking zone permit; (2) failing to pay the applicable permit fee on or before its due date; (3) providing or knowingly or negligently allowing a contract-operator to provide valet parking services in a way that endangers public safety; (4) providing or knowingly or negligently allowing a contract-operator to provide valet parking services that unreasonably disrupt vehicular or pedestrian traffic; (5) violating any other provision of this subtitle, of a rule or regulation adopted under this subtitle, or of a limitation or condition imposed on a license or permit issued under this subtitle; or (6) otherwise failing to meet the qualifications or other requirements of this subtitle for a permit. *History: Ord. 13-098* *History: Ord. 16-587* ##### § 14-43 Cause for suspension or revocation – Enforcement by citation. Balt., Md., Code art. 31, § 14-43 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, any violation that is cause for suspending or revoking a license or a permit may be enforced, instead of or in addition to suspending or revoking the license or permit, by issuance of an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 13-098* ##### §§ 14-44 to 14-45 Balt., Md., Code art. 31, § 14-44 to 14-45 (2026) Reserved ##### § 14-46 Administrative appeals. Balt., Md., Code art. 31, § 14-46 (2026) (a) An aggrieved party may appeal to the Board of Municipal and Zoning Appeals: (1) the denial, suspension, or revocation of a license or permit; (2) the imposition of a fine; or (3) any other decision or ruling under this subtitle. (b) The appeal must be taken in writing within 15 days from the date of notice of the denial, suspension, or revocation, fine imposition, or other decision or ruling. (c) The Board of Municipal and Zoning Appeals: (1) must hold a hearing on the appeal as soon as practicable but no later than 60 days from the filing of the appeal; (2) must provide written notice of the hearing by first class mail at least 15 days prior to the hearing to all persons listed in § 14-19(i) of this subtitle; and (3) may affirm, modify, or reverse the action from which the appeal was taken. *History: Ord. 13-098* ##### § 14-47 Judicial and appellate review. Balt., Md., Code art. 31, § 14-47 (2026) (a) A party aggrieved by a final decision of the Board of Municipal and Zoning Appeals under § 14-46 {“Administrative appeals”} of this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (b) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 13-098* #### Part VI – Penalties ##### § 14-48 In general. Balt., Md., Code art. 31, § 14-48 (2026) Any person who violates any provision of this subtitle, of a rule or regulation adopted under this subtitle, or of a limitation or condition imposed on a license or permit issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. ##### § 14-49 Each day a separate offense. Balt., Md., Code art. 31, § 14-49 (2026) Each day that a violation continues is a separate offense. *History: Ord. 13-098* ### Subtitle 15 – BMore Streets for People #### Part I – Definitions ##### § 15-1 Definitions. Balt., Md., Code art. 31, § 15-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Advisory Board” means the BMore Streets for People Advisory Board established under this subtitle. (c) “BMore Streets for People” or “Program” means the BMore Streets for People Program established under this subtitle. (d) “Director” means the Director of Transportation or the Director’s designee. *History: Ord. 10-279* ##### § 15-2 Balt., Md., Code art. 31, § 15-2 (2026) Reserved #### Part II – Program establishment; purpose ##### § 15-3 Program established. Balt., Md., Code art. 31, § 15-3 (2026) There is a BMore Streets for People Program. *History: Ord. 10-279* ##### § 15-4 Purpose of program. Balt., Md., Code art. 31, § 15-4 (2026) The purpose of the BMore Streets for People Program is to create economic, health, and community benefits by periodically restricting motorized traffic on certain streets in order to encourage residents to enjoy camaraderie, bicycle riding, walking, and exercise on main roads in their neighborhoods. *History: Ord. 10-279* ##### § 15-5 Balt., Md., Code art. 31, § 15-5 (2026) Reserved #### Part III – Administration ##### § 15-6 DOT to administer. Balt., Md., Code art. 31, § 15-6 (2026) The Program is administered by the Department of Transportation, with the advice of the BMore Streets for People Advisory Board. *History: Ord. 10-279* ##### § 15-7 Rules and regulations. Balt., Md., Code art. 31, § 15-7 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Department of Transportation may adopt rules and regulations to: (1) implement the Program; and (2) otherwise carry out this subtitle. *History: Ord. 10-279* *History: Text Conformed 02/28/21* ##### § 15-8 Designating routes, schedules. Balt., Md., Code art. 31, § 15-8 (2026) (a) In consultation with the Advisory Board, the Director may designate routes and schedules on City streets for the BMore Streets for People Program. (b) In consultation with the Advisory Board, the Director will designate an initial “lake to lake” route running from Lake Montebello to Druid Hill Lake. (c) Additional routes may be designated under this section if a neighborhood association requests that it be allowed to host a BMore Streets for People event in its neighborhood. *History: Ord. 10-279* ##### § 15-9 Exclusion of motor vehicles. Balt., Md., Code art. 31, § 15-9 (2026) The Director may exclude motor vehicles from streets along designated BMore Streets for People routes during Program events, in accordance with the Department of Transportation’s permit process. *History: Ord. 10-279* *History: Ord. 15-435* ##### § 15-10 Regular processes to apply. Balt., Md., Code art. 31, § 15-10 (2026) Nothing in this subtitle should be constructed as waiving the usual permitting processes, or fees for public services required to ensure safety, that would otherwise be required to conduct the Program. *History: Ord. 10-279* #### Part IV – Advisory Board ##### § 15-11 Board established. Balt., Md., Code art. 31, § 15-11 (2026) There is a BMore Streets for People Advisory Board. *History: Ord. 10-279* ##### § 15-12 Composition. Balt., Md., Code art. 31, § 15-12 (2026) (a) (1) The Advisory Board consists of 26 members. (2) Of these: (i) 19 members are appointed by the Mayor in accordance with Article IV, § 6 of the Baltimore City Charter; and (ii) 7 members are agency representatives. (b) The 19 appointed members of the Advisory Board are as follows: (1) 2 at-large members; (2) 4 members nominated by community organizations and appointed by the Mayor, 1 from each of the following organizations: (i) One Less Car; (ii) Roland Park Civic League; (iii) Mayor’s Bicycle Advisory Committee; and (iv) a non-profit organization or foundation with a history of support for the BMore Streets for People Program, the Program’s cyclovia model, and the Program’s Sunday Streets predecessor. (3) 3 members nominated by neighborhood associations representing neighborhoods along any proposed BMore Streets for People Route and appointed by the Mayor. (4) 10 members recommended by the President of the City Council, as follows: (i) 1 from the neighborhoods along the proposed “lake -to-lake” (Montebello to Druid Hill) route; (ii) 4 from neighborhood associations; (iii) 1 from local business associations; (iv) 2 from local religious institutions, non-profit organizations, or foundations with knowledge of and support for the BMore Streets for People Program; and (v) 2 from schools. (c) The 7 agency representatives are the following, or their designated representatives: (1) the Director of Transportation; (2) the Health Commissioner; (3) the Director of the Baltimore Office of Promotion and the Arts; (4) the Director of the Office of Sustainability; (5) the Director of the Office of Neighborhoods; (6) the Police commissioner; and (7) the Executive Director of the Baltimore City Parking Authority. *History: Ord. 10-279* *History: Ord. 15-435* ##### § 15-13 Terms; Compensation; Vacancies. Balt., Md., Code art. 31, § 15-13 (2026) (a) (1) Advisory Board Members serve for a term of 4 years, concurrent with the terms of the Mayor and the City Council. (2) At the end of a term, an Advisory Board member continues to serve until a successor is appointed and qualifies. (b) The members of the Advisory Board: (1) serve without compensation; but (2) are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. (c) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term *History: Ord. 10-279* *History: Ord. 16-503* ##### § 15-14 Officers; Committees. Balt., Md., Code art. 31, § 15-14 (2026) (a) (1) The Mayor must designate a member of the Advisory Board to serve as its Chair. (2) Members of the Advisory Board may select any other officers they consider necessary or appropriate. (b) The Chair may appoint committees to assist the Advisory Board in carrying out its functions and duties. *History: Ord. 10-279* ##### § 15-15 Meetings; Quorum. Balt., Md., Code art. 31, § 15-15 (2026) (a) (1) The Advisory Board may meet, at the call of the Chair, as frequently as required to perform its duties. (2) A majority of the members of the Advisory Board constitutes a quorum for the transaction of business. (3) An affirmative vote by the majority of a quorum is needed for any official action. (b) The Advisory Board may adopt rules of procedure to govern its meetings and procedures. (c) If any member is absent from regularly scheduled meetings more than 3 times in 1 year, not counting absences excused by the Chair: (1) the member is considered to have resigned; and (2) the Chair must recommend for appointment by the Mayor, a replacement member with similar qualifications to the resigning member. *History: Ord. 10-279* ##### § 15-16 Balt., Md., Code art. 31, § 15-16 (2026) Reserved ##### § 15-17 Budget. Balt., Md., Code art. 31, § 15-17 (2026) The Advisory Board may expend funds as authorized in the Ordinance of Estimates. *History: Ord. 10-279* ##### § 15-18 Powers and duties. Balt., Md., Code art. 31, § 15-18 (2026) (a) The BMore Streets for People Advisory Board may undertake the activities described in this section. (b) The Advisory Board may: (1) propose pilot and permanent routes for the BMore Streets for People Program; and (2) recommend programming enhancements and other services when a need for them is determined by the Advisory Board. (c) The Advisory Board may make recommendations about solutions and alternatives for routing challenges, programming, communication strategies, and the cost effective use of City personnel. (d) To gauge the impact of the BMore Streets for People Program on participating communities, the Advisory Board must research and measure the following in neighborhoods along Program routes: (1) level of community participation in BMore Streets for People planning and implementation; (2) diversity of participation among age groups and nonprofit organizations; and (3) evidence of enhanced sociability and healthy activities. (e) The Advisory Board may: (1) review and monitor the successes and lessons learned in conducting the BMore Streets for People Program in Baltimore City; and (2) make recommendations for promoting the efforts of the Program. (f) The Advisory Board may: (1) provide education to the residents of Baltimore City, the City Council, the Mayor, and the various departments and agencies of the City on Program activities and outcomes; and (2) recommend programs and legislation to promote and ensure the continued success and expansion of the Program throughout Baltimore City. (g) The Advisory Board may review and evaluate the impact of existing and proposed policies, programs, and legislation affecting the BMore Streets for People Program. *History: Ord. 10-279* ##### §§ 15-19 to 15-21 Balt., Md., Code art. 31, § 15-19 to 15-21 (2026) Reserved #### Part V – Annual Reports ##### § 15-22 Annual reports. Balt., Md., Code art. 31, § 15-22 (2026) The Director and the Advisory Board must submit an annual report on their activities to the Mayor and City Council. *History: Ord. 10-279* ### Subtitle 16 – Use-of-the-Road Regulations #### Part 1 – Obstructing Traffic ##### § 16-1 Slowly moving vehicles. Balt., Md., Code art. 31, § 16-1 (2026) Vehicles moving slowly along streets having no car tracks shall keep as close as practicable to the curb line on the right so as to allow faster moving vehicles free passage on the left. *History: Ord. 08-139* ##### § 16-2 Snow tires on public passenger vehicles. Balt., Md., Code art. 31, § 16-2 (2026) (a) For the purposes of this section, a winter-type mud and snow tire is any new, recapped, retreaded, or rebuilt tire for the rear wheels of motor vehicles or trackless trolleys having anti-skid patterns impressed or cut into the treaded surfaces to form bars, buttons, or blocks which may contain perforations, ingredients, or metallic elements specially designed to give effective traction on snow-, mud-, or ice-covered streets; and which tire is subject to approval as to type and condition by the Director of Transportation. (b) It is unlawful for any non-fixed wheel vehicle for the public transportation of passengers for a fee or charge, including the vehicles commonly referred to as buses, trackless trolley, and taxicabs, to be or operate on any street or public place in Baltimore City during the period in any year commencing on November 1 and ending on the following April 1 without being properly equipped with winter-type mud and snow tires. (c) Any person, firm, or corporation violating the provisions of this section shall be subject to the general penalties provided in this article, and a violation as to each and every vehicle is a separate violation. *History: Ord. 58-1226* *History: Ord. 15-435* ##### § 16-3 Obstructions by certain public passenger vehicles for want of chains or snow tires. Balt., Md., Code art. 31, § 16-3 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation may adopt rules and regulations to require that, whenever certain named streets in the City are covered or partially covered with snow, sleet, or freezing rain, no non-fixed wheel vehicle for the public transportation of 10 or more people may operate on those streets in a manner that stalls, impedes, or obstructs traffic, if that stalling, impeding, or obstructing is caused by the failure to equip the vehicle with effective skid chains or effective snow tread tires. (b) (1) Every separate stalling, impeding, or obstructing on such named streets and in violation of any applicable such rules or regulation, shall be considered a separate offense. (2) Upon conviction thereof, the person, firm, or corporation which owns and/or manages the public transportation business in which the particular vehicle is operated shall be subject to a fine of not exceeding $50 for each and every offense. *History: Ord. 54-944* *History: Ord. 15-435* *History: Text Conformed 02/28/21* ##### § 16-4 Obstructing railroad tracks. Balt., Md., Code art. 31, § 16-4 (2026) (a) Between the hours of 6 a.m. and 7:30 a.m., no vehicle shall be placed to load thereon or unload therefrom in which the rails of any railroad or street railway company are laid, so as to obstruct or hinder the passing of cars of any such railroad or street railway. (b) Nor at any other time shall any such vehicle be permitted to obstruct such tracks for a longer period than may be reasonably necessary for the purpose of loading or unloading said vehicle. *History: Ord. 21-664* ##### § 16-5 Repairing vehicles on streets. Balt., Md., Code art. 31, § 16-5 (2026) (a) (1) It shall be unlawful for any person to make any repairs to a motor vehicle or to replace or repair any tire or other part of a motor vehicle on any public street where the standing of such vehicle or vehicles will wholly or partially obstruct any lane of traffic. (2) It shall be unlawful for any vehicle in the process of being repaired or waiting to be repaired or any vehicle on which a tire or other part thereof is being replaced or waiting for a tire or other part thereof to be replaced to stand double or to do any work or place any tools or equipment on any sidewalk in connection with the repair of any vehicle or the replacement or repair of any tire or other part thereof. (3) It shall be unlawful for a motor vehicle repair service to make a repair, replacement, or adjustment to a motor vehicle or part of a motor vehicle on any public street or footway. (b) The provisions of this section shall not apply to emergency repairs, which are defined as repairs necessary as the result of an unexpected malfunction or breakdown and which are necessary in order to move the vehicle safely and without damage to same. (c) Any person violating any of the provisions of this section shall be subject to: (1) Any person violating paragraph (a)(1) or (a)(2) of this section shall be subject to: (i) a penalty of not less than $5 or more than $25 for the 1st offense; and (ii) a fine of not less than $25 nor more than $100 for subsequent offenses. (2) Any person who violates paragraph (a)(3) of this section shall be subject to: (i) a penalty of not less than $100 or more than $250 for the 1st offense; and (ii) a fine of not less than $250 nor more than $350 for subsequent offenses. *History: Ord. 46-657* *History: Ord. 47-814* *History: Ord. 74-527* *History: * ##### §§ 16-6 to 16-10 Balt., Md., Code art. 31, § 16-6 to 16-10 (2026) Reserved #### Part 2 – Intersections, Crosswalks, Sidewalks ##### § 16-11 Vehicles entering intersection or crosswalk. Balt., Md., Code art. 31, § 16-11 (2026) (a) It shall be unlawful for the driver of any vehicle to enter a street intersection or a marked crosswalk or to drive across a sidewalk in entering or leaving a garage or parking lot unless there is sufficient space beyond the intersection or crosswalk on the right half of the roadway or in the garage or on the parking lot to accommodate the vehicle he is driving or operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. (b) Except that on a 1-way street, drivers shall not be restricted to the use of the right half of the road but may have access to the entire width thereof beyond the intersection or crosswalk provided sufficient space be available. *History: Ord. 56-692* ##### § 16-12 Vehicles on sidewalk. Balt., Md., Code art. 31, § 16-12 (2026) (a) No person may back, draw, move, propel, drive, or operate any motor vehicle of any kind or any vehicle of any kind that is drawn by a horse or mule on or over any sidewalk or curbing of the City unless: (1) the curbing is lowered to grade and the sidewalk so paved and arranged as to allow the passage of these vehicles; or (2) the person has special permission to do so from the Director of Transportation. (b) (1) In addition to any other civil or criminal remedy or enforcement procedure, this section may be enforced by issuance of: (i) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (ii) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (2) The issuance of a citation to enforce this section does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Any person who violates any provision of this section is guilty of a misdemeanor, and on conviction, is subject to a fine of not more than $100 for each offense. *History: Ord. 1885-033* *History: Ord. 26-756* *History: Ord. 45-267* *History: Ord. 77-573* *History: Ord. 99-548* *History: Ord. 15-435* ##### § 16-13 Vehicles on sidewalk, crosswalk, or intersection. Balt., Md., Code art. 31, § 16-13 (2026) (a) It shall not be lawful for any public cartman, or for any person driving or having charge of any public cart, wagon, or other vehicle, to: (1) drive or back any such public cart or any other cart, wagon, or other vehicle on to the sidewalk of any of the streets of said City, except as hereinafter provided; (2) stop any such cart, or any other vehicle, on any of the crosswalks or intersections of streets so as to obstruct or hinder the travel along such crosswalks or intersections of street; or (3) place any such carts or other vehicles crosswise of any street of said city except to load thereon or unload therefrom, but in no case shall it be lawful for any person to permit such cart or other vehicle to remain so crosswise of any street for a longer period than may be actually necessary for such purposes. (b) But it shall be lawful for the owner or occupant of any store, warehouse, or building in any street or avenue in which the rails of any railroad company are laid so close to the curbstones as to prevent the owners or occupants from keeping any such cart or other vehicle in the carriageway in front of his place of business without interference with the passing cars of any such railroad company, to occupy with such cart or other vehicle during business hours so much of the sidewalk as may be necessary for such cart or other vehicle, provided that sufficient space be retained for the passage of pedestrians between the cart or other vehicle so permitted to occupy such portion of the sidewalk and the front of every such store, warehouse, or other building. *History: Ord. 08-139* ##### § 16-14 Vehicles or horses on sidewalk. Balt., Md., Code art. 31, § 16-14 (2026) No horse or vehicle shall be driven, backed, led, or allowed to stand on any sidewalk, or on any driveway across a sidewalk, whether with or without curbs, except that wares or merchandise in process of loading and unloading, shipment, or being received from shipment, may be transferred from trucks or other vehicles over the sidewalk by the use of skids, provided a passageway be kept open for the free passage of pedestrians. *History: Ord. 08-139* *History: Ord. 55-1428* ##### §§ 16-15 to 16-20 Balt., Md., Code art. 31, § 16-15 to 16-20 (2026) Reserved #### Part 3 – Schools and School Vehicles ##### § 16-21 School crossing guards. Balt., Md., Code art. 31, § 16-21 (2026) (a) The driver of every vehicle and the operator of every street car and trackless trolley on the streets and public ways of this City shall comply with any lawful order or direction of any school crossing guard vested with authority by the Police Commissioner to direct, control, or regulate pedestrian or vehicular traffic. (b) Any person failing to comply with any such lawful order or direction or in any other manner violating the provisions of this section, shall be subject to a fine not to exceed $100 for each offense. *History: Ord. 53-793* ##### § 16-22 School roadways. Balt., Md., Code art. 31, § 16-22 (2026) (a) Where the Board of School Commissioners and the Director of Transportation jointly designate particular public school properties, the roadways on those properties that are open to the use of the public are, on the placing of appropriate traffic-control devices, subject to the same vehicle and traffic laws, rules, and regulations that apply to highways within the City. (b) Nothing herein contained shall be construed as dedicating the aforementioned roadways by the City or as meaning that any City or State agency other than the Department of Education of the City of Baltimore shall defray or aid in defraying the costs of maintaining or marking the roadways. *History: Ord. 72-207* *History: Ord. 15-435* ##### § 16-23 Balt., Md., Code art. 31, § 16-23 (2026) Reserved ##### § 16-24 School vehicle violations of camera monitoring systems. Balt., Md., Code art. 31, § 16-24 (2026) (a) (1) In this section, “school vehicle” means any motor vehicle that: (i) is used for the transportation of children, students, or teachers for educational purposes; and (ii) is either: (i) registered as a Type I school vehicle, as defined in State Transportation Article § 11-173, or as a Type II school vehicle, as defined in State Transportation Article § 11-174; or (ii) otherwise discernable by color or markings as a school vehicle. (2) “School vehicle” includes any motor vehicle that is of a type described in paragraph (1) of this section, whether owned and operated by a non-governmental entity or owned or leased by or under contract with a governmental entity. (b) The Department of Transportation, with assistance from the Department of Finance, shall prepare and submit to the Mayor, the President of the City Council, and the City Board of School Commissioners, or their respective designees, periodic reports on all citations or warnings issued to school vehicles under: (1) State Transportation Article § 21-202.1 {“Traffic control signal monitoring systems”}; and (2) City Code Article 32, Subtitle 33 {“Speed Monitoring Systems”}. (c) Each report shall contain: (1) a copy of all citations or warnings issued for violations by school vehicles during the reporting period; (2) the disposition of the citations (e.g., pending, paid, overdue, on appeal, or charges dismissed); and (3) any changes in the disposition of citations that had been the subject of previous reports. (d) Each report shall be submitted on a quarter-annual basis, within 30 days after the end of each quarter, for the quarters ending September 30, December 31, March 31, and June 30 of each fiscal year. *History: Ord. 13-096* ##### § 16-25 Balt., Md., Code art. 31, § 16-25 (2026) Reserved #### Part 4 – Motorcycles ##### § 16-26 Helmets required. Balt., Md., Code art. 31, § 16-26 (2026) Every person who is driving, or riding on as a passenger, a moving motor-driven 2- or 3-wheel vehicle known generally as a motorcycle or motor bike shall at such time be wearing a firm and durable protective helmet or headgear. *History: Ord. 68-250* ##### § 16-27 Safety goggles required. Balt., Md., Code art. 31, § 16-27 (2026) Every person who is driving or riding as a passenger on a moving motor-driven 2- or 3-wheel vehicle known generally as a motorcycle or motor bike shall at all times be wearing safety goggles or a face shield approved by the Director of Transportation. *History: Ord. 68-250* *History: Ord. 25-435* ##### § 16-28 Must be able to achieve top legal speed. Balt., Md., Code art. 31, § 16-28 (2026) No person shall operate a motor-driven 2- or 3-wheel vehicle known generally as a motorcycle or motor bike on the streets or highways of Baltimore City unless its speed capability is at least equal to the posted speed limit on said highway. *History: Ord. 68-250* ##### § 16-29 Penalties. Balt., Md., Code art. 31, § 16-29 (2026) A violation of any provision of this subtitle is a misdemeanor, punishable upon conviction by a fine of not less than $10 or more than $100 for each such violation. *History: Ord. 68-250* ##### § 16-30 Balt., Md., Code art. 31, § 16-30 (2026) Reserved #### Part 5 – Funeral Processions ##### § 16-31 Crossing procession prohibited. Balt., Md., Code art. 31, § 16-31 (2026) It shall be unlawful for any person to drive any vehicle across the line of a funeral procession in the streets, lanes, or alleys of the City, under a penalty for each and every offense of $2. *History: Rev. Ords. 1858-032* *History: Ord. 75-920* ##### §§ 16-32 to 16-35 Balt., Md., Code art. 31, § 16-32 to 16-35 (2026) Reserved #### Part 6 – Pedestrians ##### § 16-36 Pedestrian right-of-way. Balt., Md., Code art. 31, § 16-36 (2026) (a) The driver of a vehicle shall yield the right-of-way, slowing or stopping if need be, in order to yield to a pedestrian lawfully crossing a roadway within a crosswalk when: (1) the pedestrian is upon the half of the roadway upon which the vehicle is traveling; or (2) the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger from the vehicle. (b) The driver of a vehicle making a right or left turn shall yield the right-of-way, slowing or stopping if need be, in order to yield to a pedestrian lawfully crossing a roadway within a crosswalk when: (1) the pedestrian is upon the half of the roadway upon which said turning vehicle is entering, or (2) the pedestrian is approaching so closely from the half of the roadway opposite to that upon which said turning vehicle is entering as to be in danger from the vehicle. (c) A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield as otherwise required in this section. *History: Ord. 68-187* ##### § 16-37 Emergency vehicles right-of-way. Balt., Md., Code art. 31, § 16-37 (2026) Pedestrians shall yield the right-of-way to authorized emergency vehicles provided that these vehicles are operating with siren and/or bell. *History: Ord. 68-187* ##### § 16-38 Crosswalks. Balt., Md., Code art. 31, § 16-38 (2026) (a) If a vehicle is stopped at a marked or unmarked crosswalk to permit a pedestrian to cross a roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. (b) No person shall stop or park any vehicle in such manner as to obstruct a crosswalk. *History: Ord. 68-187* ##### § 16-39 “Walk/Don’t Walk” signals. Balt., Md., Code art. 31, § 16-39 (2026) (a) While a “Walk” signal indication is displayed: (1) pedestrians may proceed across the roadway toward said indication within any marked or unmarked crosswalk; or (2) where an exclusive all-pedestrian interval is provided, pedestrians may proceed across the roadway in any direction within the intersection. (b) (1) While a “Wait” or “Don’t Walk” signal indication, whether flashing or steady, controlling their direction of travel is displayed, pedestrians shall not enter the roadway. (2) In the case of an exclusive all-pedestrian interval, pedestrians shall not enter a roadway while any “Wait” or “Don’t Walk” signal indication, whether flashing or steady, is displayed. (3) This provision is to be effective between the hours of 7 a.m. and 7 p.m. only. (c) Any pedestrian who has entered an intersection on the “Walk” signal indication shall proceed without delay to a sidewalk or safety zone while the “Wait” or “Don’t Walk” signal indication is showing. *History: Ord. 68-187* ##### § 16-40 Controlled access highways. Balt., Md., Code art. 31, § 16-40 (2026) (a) For the purpose of this section, “controlled access highway” shall mean every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. (b) No pedestrian shall be permitted to enter upon any controlled access highway nor any ramp or access road leading to or from any controlled access highway. (c) (1) No pedestrian shall debark from any vehicle proceeding upon any controlled access highway nor any ramp or access road leading to or from any controlled access highway except under emergency circumstances which preclude the possibility that the vehicle in which he is riding proceed in a reasonable and proper manner. (2) In such case, said pedestrian may proceed only to the nearest emergency telephone. He may not solicit a ride or assistance from any passing vehicle. *History: Ord. 68-187* ##### § 16-41 Solicitation on highways. Balt., Md., Code art. 31, § 16-41 (2026) (a) No person shall stand within a highway for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle or for the purpose of presenting a gift to or performing a service, whether gratuitous or for a fee, for the occupant of a vehicle. (b) No parent or guardian shall knowingly permit any minor under the age of 18 years to violate the provisions of subsection (a) of this section. (c) This section does not prohibit the solicitation by any person for lawful employment or business from the occupant of any vehicle which is properly and lawfully parked or properly and lawfully standing out of the free flow of traffic. (d) (1) A police officer who finds any person 18 years of age or older violating provisions of subsection (a) of this section shall order the person to cease and desist. Persons failing to comply with this order may be issued a citation containing their signed promise to pay the fine provided or to appear in court for trial. (2) The officer is not required to take the person into physical custody for the violation unless: (i) the person charged does not furnish satisfactory evidence of identity; or (ii) the officer has reasonable grounds to believe the person charged will disregard a written promise to appear. (3) A person receiving a citation under this section shall pay the fine provided for in the citation to the District Court of Maryland for Baltimore City, or stand trial for the violation. (e) (1) A police officer who finds any person under 18 years of age violating provisions of subsection (a) of this section shall order the person to cease and desist. (2) Any person under 18 years of age who fails to comply with this order: (i) may be taken into custody; and (ii) subsequent to recording information necessary to carry out the purposes of this section, shall be promptly released to their parent or guardian. (3) The released person under 18 years of age shall be referred to the Baltimore City Police Department’s court sanctioned pre-intake adjustment program. (f) (1) Any parent or guardian who shall violate subsection (b) of this section after having received written notice of their child or ward having committed a violation of subsection (a) occurring within the preceding 12 months, may receive a written citation and is subject to a fine of $50 for each offense. (2) Any person 18 years of age or older violating the provisions of subsection (a) of this section after being ordered to cease and desist is guilty of a misdemeanor and, upon conviction, shall be fined $50. *History: Ord. 68-187* *History: Ord. 85-449* ##### § 16-42 Control of traffic by officers. Balt., Md., Code art. 31, § 16-42 (2026) Nothing in this subtitle affects or limits the right of police officers or school crossing guards to control vehicular and pedestrian traffic in cases of emergency, special events, or other unusual traffic conditions. *History: Ord. 68-187* *History: Ord. 85-449* ##### § 16-43 Exercise of due care. Balt., Md., Code art. 31, § 16-43 (2026) In addition to the foregoing provisions of this subtitle, every driver of a vehicle shall: (1) exercise due care to avoid colliding with any pedestrian upon any highway; and (2) exercise proper precautions upon observing any child or confused or incapacitated person upon a highway. *History: Ord. 68-187* *History: Ord. 85-449* ##### § 16-44 Pedestrian traffic safety. Balt., Md., Code art. 31, § 16-44 (2026) The Director of Transportation shall: (1) identify intersections commonly used by the elderly, the disabled, or other persons who may need extra time to cross an intersection; (2) conduct studies of those intersections, using pedestrian accident statistics, direct observation, or other sources of information, to determine the need for extra time for pedestrian crossing and the length of time needed; and (3) wherever feasible, reset the timing of traffic signals or make other adjustments to the intersection to accommodate the need for extra time for pedestrian crossing. *History: Ord. 95-589* *History: Ord. 15-435* ##### § 16-45 Balt., Md., Code art. 31, § 16-45 (2026) Reserved #### Part 7 – Buses; Private Transit Loading Zones ##### § 16-46 Maximum outside width. Balt., Md., Code art. 31, § 16-46 (2026) Pursuant to the provisions of § 24-102(d) of the State Transportation Article, the operation within the corporate limits of Baltimore City of a motor bus or trackless trolley with a maximum outside width of not to exceed 102 inches is permitted. *History: Ord. 52-242* ##### § 16-47 Maintenance of private stops. Balt., Md., Code art. 31, § 16-47 (2026) (a) (1) The Company or companies operating public passenger vehicles, trackless trolleys, or street railway cars discharging passengers within Baltimore City at bus, trackless trolley, or street railway car “Stops”, heretofore or hereafter established, by public motor vehicles, trackless trolleys, or by street railway cars upon fixed routes shall, at its or their expense, maintain at each “Stop” the area or space of ground within the footway area of the streets adjacent to or within said “Stops”, as designated and approved by the Director of Transportation and in a manner and with material approved by the Director, for the protection, safety, health, and welfare of the public of Baltimore City. (b) (1) Upon the failure of any company or companies operating public passenger motor vehicles, trackless trolleys, or street railway cars receiving and discharging passengers within Baltimore City at bus, trackless trolley, or street railway car “Stops” heretofore or hereafter established, by public motor vehicles, trackless trolleys, or by street railway cars upon fixed routes, at its or their expense, to maintain at each “Stop” the area or space of ground within the footway area of the streets adjacent to or within said “Stops”, as required by this section and after written notice from the Director of Transportation, the Director of Transportation is hereby authorized and directed to place the area or space in a safe and satisfactory condition and to charge the cost thereof to company or companies in default. (2) The Mayor and City Council of Baltimore is hereby authorized to recover, by suit or action at law, from the company or companies in default the cost of the work necessary to place said “Stops” in a satisfactory condition. *History: Ord. 55-1379* *History: Ord. 75-920* *History: Ord. 15-435* *History: Ord. 17-038* ##### §§ 16-48 to 16-50 Balt., Md., Code art. 31, § 16-48 to 16-50 (2026) Reserved #### Part 8 – Trucks ##### § 16-51 Prohibited on certain streets. Balt., Md., Code art. 31, § 16-51 (2026) No trucks and no tractor-trailer or tractor-semitrailer combination with a registered maximum gross weight in excess of 39,000 pounds shall be permitted to use or traverse in any way: (1) Odell Street between Hilltop Avenue and the northerly end of Odell Street; or (2) Woodruff Street between Hilltop Avenue and the northerly end of Woodruff Street. *History: Ord. 68-101* ##### §§ 16-52 to 16-55 Balt., Md., Code art. 31, § 16-52 to 16-55 (2026) Reserved #### Part 9 – Taxicabs ##### § 16-56 Passengers discharged at curb. Balt., Md., Code art. 31, § 16-56 (2026) (a) It is unlawful for the operator of any taxicab to take on or discharge passengers except at the curb of any street, lane, alley, or other public way, unless no reasonably adequate space at the curb is available therefor. (b) Any person violating the provisions of this section shall be subject to a penalty of not exceeding $10 for each and every such violation. *History: Ord. 75-896* ##### § 16-57 Cab stands – Standing by others prohibited. Balt., Md., Code art. 31, § 16-57 (2026) (a) Only those vehicles licensed as taxicabs by the Public Service Commission of the State of Maryland shall be deemed to be a taxicab within the meaning of this section. (b) No vehicle, other than a taxicab, may stand at any time in those places set aside and designated by the Director of Transportation, to be occupied and used as public or private stands for taxicabs. (c) But nothing in this section shall be construed to authorize any taxicab to stand in any place so designated during the hours when parking is prohibited at such location, except where such taxicab stands have been established at hotels. (d) Any person violating the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, forfeit and pay a fine of not exceeding $10. *History: Ord. 75-896* *History: Ord. 15-435* ##### § 16-58 Cab stands – Nondiscriminatory use by taxicabs. Balt., Md., Code art. 31, § 16-58 (2026) (a) Spaces designated by the Director of Transportation as taxicab stands in front of hotels and other places may not be for the exclusive use of the person, firm, or corporation given the permit, but shall be open to any person operating a taxicab, who has equal rights to enter these spaces and secure or solicit patrons. (b) Any person interfering with any taxicab operator in entering or standing in these places is guilty of a misdemeanor and, on conviction, is subject to a penalty of not more than $100 for each violation. *History: Ord. 75-896* *History: Ord. 15-435* ##### §§ 16-59 to 16-60 Balt., Md., Code art. 31, § 16-59 to 16-60 (2026) Reserved #### Part 10 – Horses, Carriages, etc. ##### § 16-61 General prohibitions. Balt., Md., Code art. 31, § 16-61 (2026) (a) (1) No person shall: (i) sit or stand in or upon any carriage, or any horse or beast harnessed thereto, in order to drive the same, unless he shall have strong reins or lines fastened to the bridle of his beasts and held in his hands, sufficient to guide and restrain them; (ii) while driving any carriage, or riding any horse, mare, gelding, or other beast in or through the said City, permit or suffer the beast or beasts he shall so ride or drive to go at an immoderate gait; (iii) turn any horse, mare, or gelding loose within the City or drive such horse, mare, or gelding loose through any of the streets, lanes, or alleys of the said City; or (iv) drive, lead, or place any horse or beast of burden, or any horse attached to a cart, dray, or other carriage, laden or unladen, on any of the footways of the City. (2) And all porters, carters, and other persons having the care of any carriage who shall not hold reins in their hands to guide or restrain their beasts, shall walk by the head of the shaft or wheel-horse, holding, or within reach of the bridle or halter of the said horse. (b) Provided that nothing herein contained shall prevent any person from riding, driving, or leading across any of the footways any horse or beast of burden into or out of any lot or tenement. (c) Every person offending in any or either of the cases aforesaid shall forfeit and pay for every such offense a sum not exceeding $20. *History: Rev. Ords. 1858-032* ##### § 16-62 Speed. Balt., Md., Code art. 31, § 16-62 (2026) (a) It shall be unlawful for any person to ride on horseback on any street, alley, or highway, or over any bridge other than those on bridle paths in the parks, within the City limits, at a gait other than a walk. (b) Provided, however, that the provisions of this section shall not apply to police or military officers or employees when engaged in the performance of their duties. ##### § 16-63 Horse racing. Balt., Md., Code art. 31, § 16-63 (2026) Any rider of any horse, mare, or gelding, and any driver of any vehicles engaged in any contest of speed, within the limits of the City, shall be subjected to a fine of $20. *History: Rev. Ords. 1858-032* ### Subtitle 17 – No-Cruising District #### § 17-1 Definitions. Balt., Md., Code art. 31, § 17-1 (2026) (a) In this subtitle, the following words have the meanings indicated. (b) “Cruising” means driving a motor vehicle on a street past a traffic control point more than once in any 2-hour period. (c) “District” means the No-Cruising District described in § 17-4 of this subtitle. (d) “Traffic control point” means a clearly identified reference point in the No-Cruising District as determined and marked by the Police Department. *History: Ord. 97-169* #### § 17-2 Findings; purpose. Balt., Md., Code art. 31, § 17-2 (2026) (a) The Mayor and City Council find that unnecessary repetitive driving in the area designated the “No-Cruising District” creates a threat to the public health, safety, and welfare. (b) The purpose of this subtitle is: (1) to reduce dangerous traffic congestion, excessive noise, littering, and pollution; and (2) to ensure access for emergency vehicles in the designated area. *History: Ord. 97-169* #### § 17-3 Exceptions. Balt., Md., Code art. 31, § 17-3 (2026) The prohibitions of this subtitle do not apply to: (1) any municipal, emergency, police, fire, ambulance, or other governmental vehicle when it is operated in its official capacity; (2) any licensed public transportation vehicle; or (3) any vehicle when it is operated for business or commercial purposes. *History: Ord. 97-169* #### § 17-4 Boundaries of District. Balt., Md., Code art. 31, § 17-4 (2026) The No-Cruising District is the area bounded by and including: (1) Franklin Street on the north; (2) Liberty Street and Hopkins Place on the east; (3) Lombard Street on the south; and (4) Greene Street on the west. *History: Ord. 97-169* #### § 17-5 Prohibited conduct. Balt., Md., Code art. 31, § 17-5 (2026) (a) (1) A person may not cruise in the District between the hours of: (i) 10 p.m. Friday and 5 a.m. Saturday; (ii) 10 p.m. Saturday and 5 a.m. Sunday; or (iii) 10 p.m. Sunday and 5 a.m. Monday. (2) The prohibition specified in paragraph (1) of this subsection applies to both: (i) the operator of the vehicle; and (ii) the owner, if present, or, if the owner is not present, any person present who has the owner’s permission to use the vehicle. (b) A person may not stop, stand, or park a vehicle on a street in the District between the hours of: (1) 10 p.m. Friday and 5 a.m. Saturday; (2) 10 p.m. Saturday and 5 a.m. Sunday; or (3) 10 p.m. Sunday and 5 a.m. Monday. *History: Ord. 97-169* #### § 17-6 Posting. Balt., Md., Code art. 31, § 17-6 (2026) The Director of Transportation shall post signs in the District that specify the hours during which cruising, stopping, standing, and parking are prohibited. *History: Ord. 97-169* *History: Ord. 15-435* #### § 17-7 Penalties. Balt., Md., Code art. 31, § 17-7 (2026) (a) (1) A person who violates § 17-5(a) of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $200. (2) Violations of § 17-5(a) of this subtitle may be enforced by citation under Maryland Rule 4-201(b)(3). (b) A person who violates § 17-5(b) of this subtitle is guilty of a parking violation punishable by a fine of $50. *History: Ord. 97-169* ### Subtitle 18 – Bicycles #### § 18-1 “Bicycle” defined. Balt., Md., Code art. 31, § 18-1 (2026) For the purposes of this subtitle, a bicycle is defined as a mechanical device, propelled by human power and having 2 tandem wheels. *History: Ord. 58-1352* *History: Ord. 69-469* #### § 18-2 Removing, etc., identification number. Balt., Md., Code art. 31, § 18-2 (2026) It is unlawful for any person, wilfully or maliciously, to remove, destroy, mutilate, or alter the number on any bicycle frame or sprocket. *History: Ord. 58-1352* *History: Ord. 69-469* #### § 18-3 Rules and regulations. Balt., Md., Code art. 31, § 18-3 (2026) The Police Department of Baltimore City is authorized and empowered, by reasonable rules and regulations not inconsistent with the provisions of this subtitle, to provide for its administration and enforcement. *History: Ord. 58-1352* #### § 18-4 Impounding bicycles. Balt., Md., Code art. 31, § 18-4 (2026) (a) A bicycle which is impounded and possessed by the Police Department under the provisions of law shall be held by the Department for at least 45 days during which time efforts shall be made to locate the owner thereof. (b) (1) At any time following the end of such period, and if the owner cannot be located or ascertained, the Department is authorized and empowered to dispose of the bicycle. (2) The bicycle may be: (i) given to any charitable, nonprofit, or eleemosynary agency or institution in Baltimore City; or (ii) in the discretion of the Department, disposed of at a public sale, at least 3 days’ notice of which shall have been given to the public. (3) In the latter event, the proceeds of the sale shall be paid into the special fund constituted by § 16-19 of the Public Local Laws of Baltimore City. *History: Ord. 58-1352* *History: Ord. 69-469* *History: Ord. 76-011* #### § 18-5 Night riding. Balt., Md., Code art. 31, § 18-5 (2026) It is unlawful for any person to propel a bicycle upon any of the streets, lanes, alleys, or public ways of this City at night, unless it is provided with a head lamp and with a rear lamp or reflector. *History: Ord. 58-1352* #### § 18-6 Balt., Md., Code art. 31, § 18-6 (2026) Reserved #### § 18-7 2 riders prohibited. Balt., Md., Code art. 31, § 18-7 (2026) It is unlawful for more persons than 1 to be on a bicycle simultaneously while it is in motion on any of the streets, lanes, alleys, or public ways of this City. *History: Ord. 58-1352* #### § 18-8 Riding on sidewalk. Balt., Md., Code art. 31, § 18-8 (2026) (a) It is unlawful for any person to ride a bicycle on any sidewalk or footway of this City. (b) However, when dismounted and on foot, a person may: (1) lead the bicycle on a sidewalk or footway in a manner that does not obstruct the sidewalk or footway; and (2) allow the bicycle to remain standing on the sidewalk or footway in a manner that does not obstruct the sidewalk or footway. (c) (1) In addition to any other civil or criminal remedy or enforcement procedure, this section may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (2) The issuance of a civil citation to enforce this section does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 58-1352* *History: Ord. 04-683* #### § 18-9 Balt., Md., Code art. 31, § 18-9 (2026) Reserved #### § 18-10 Penalties. Balt., Md., Code art. 31, § 18-10 (2026) (a) Any person violating § 18-2 {“Removing, etc., identification number”} of this subtitle shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 or imprisoned for not more than 3 months, or both fined and imprisoned, in the discretion of the court. (b) Any person violating any other provision of this subtitle shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined a sum not exceeding $10 for each such offense. (c) The laws relating to control and punishment of persons under 16 years of age shall apply, in all respects, to a violation of this subtitle by any such person. *History: Ord. 58-1352* *History: Ord. 69-469* ### Subtitle 19 – Grade Crossings #### § 19-1 Administration of subtitle. Balt., Md., Code art. 31, § 19-1 (2026) (a) The Director of Transportation shall enforce the provisions of this subtitle. (b) The Director may adopt procedural rules and regulations as necessary or proper to carry out the intent and purpose of this subtitle. *History: Ord. 75-919* *History: Ord. 15-435* #### § 19-2 Safety devices required. Balt., Md., Code art. 31, § 19-2 (2026) In order to protect the health, safety, and security of the public at locations within the boundary lines of the City of Baltimore, now or as hereafter existing, where the tracks of any railroad company cross a public street at grade, the railroad company shall install and maintain at such crossing one of the types of signaling, warning, or safety devices, in the manner, of the type, and as required under and in accordance with the provisions of § 19-3 hereof. *History: Ord. 75-919* #### § 19-3 Implementation. Balt., Md., Code art. 31, § 19-3 (2026) (a) Whenever the Director of Transportation determines, after adequate investigation and consultation with the railroad, that the crossing of a public street or highway at grade by the tracks of the railroad creates a condition that reasonably requires more adequate protection in addition to that already provided by the railroad, the Director shall: (1) notify in writing the railroad company owning or operating over the tracks at the location that the crossing reasonably requires further protection; and (2) order the railroad company either: (i) to erect or install and maintain at the crossing: (A) automatic gates; (B) automatic flashing lights; or (C) appropriate warning signs; (ii) to provide train crew protection; or (iii) to do any combination of these. (b) Every such notice issued by the Director shall set forth in writing: (1) the pertinent facts relative to the particular location; (2) the requirements that must be complied with by the railroad; (3) the reasons for the Director’s findings, conclusions, and orders; and (4) a reasonable period of time within which the order must be complied. (c) In determining whether or not a particular railroad grade crossing creates a condition that reasonably requires further protection, and in determining which warning or safety measure, if any, set forth in subsection (a) of this section shall be provided by the railroad company at a particular location, the Director shall consider the following: (1) the number of tracks involved at the particular location; (2) the usual or general speed of the rolling equipment operated over the tracks at the particular location; (3) the number and frequency of trains or other rolling equipment operated over the tracks at the particular location; (4) the type or character of the neighborhood surrounding the particular location; (5) the volume and type of vehicular and pedestrian traffic using the street or highway at the particular location at various times; (6) the transportation requirements and facilities; (7) the topography of the surrounding land and the grade, width, course, and location of the railroad tracks and the street or highway at the particular location; (8) the existence of any signaling, warning, or safety device or devices which have been constructed, installed, or placed by the railroad company at the particular location; (9) the number and character of collisions that have occurred at the particular location; and (10) any other pertinent facts or matters. (d) (1) The cost and expenses for the installation of the devices required by the Director of Transportation under this section may be apportioned by the Board of Estimates between the railroad company and the City on the basis of the Board’s judgment of the benefits accruing to the railroad and the public respectively. (2) In any determination of the allocation of costs, the Board of Estimates may, in addition to all other pertinent factors, consider the relative use of the crossing by railroad traffic and other vehicular traffic. (3) The determination of the apportionment by the Board of Estimates shall be final and not subject to appeal. (4) The apportionment may apply only to future installations ordered under this section. In no event may any part of the cost of restoring, repairing, or maintaining the protective devices provided by the railroad at these crossings or of installing crossings signs or providing train crew protection be apportioned by the Board of Estimates to the City. *History: Ord. 75-919* *History: Ord. 15-435* #### § 19-4 Administrative review. Balt., Md., Code art. 31, § 19-4 (2026) (a) If the railroad company or the City disagrees or is dissatisfied with any order issued or made by the Director of Transportation under this subtitle, it may, within 15 days after the date of the order, submit a written request to the Director of Transportation to review the order. (b) (1) Within 15 days after the Director has received the written request for review, the Director shall grant a public hearing to the persons requesting the review, at which time the parties shall have a right to introduce testimony and be fully heard, and the said proceedings shall be a matter of record. (2) The Director shall, within 15 days after the hearing, render a decision in writing, including the reasons for the decision. (c) (1) A timely request for review stays all proceedings on the order appealed. (2) But, whenever in the opinion of the Director of Transportation, a stay would cause imminent peril to life or property, the Director may request the Circuit Court for Baltimore City for an order vacating the stay. *History: Ord. 75-919* *History: Ord. 15-435* #### § 19-5 Judicial review. Balt., Md., Code art. 31, § 19-5 (2026) (a) (1) The railroad company or the City, being dissatisfied with a final decision of the Director of Transportation, may appeal on the record to the Circuit Court for Baltimore City by an appropriate petition duly verified, with the right in the parties to offer additional testimony. (2) The petition shall be presented to the court within 15 days after the final decision of the Director of Transportation. (b) (1) On presentation of the petition, the Court shall prescribe the time, not less than 15 days, within which an answer shall be filed and served on the petitioner or its attorney. (2) The Court may reverse, affirm, or modify, in whole or in part, the final decision of the Director of Transportation that has been brought up for review. (c) Compliance with the decision of the Director of Transportation may be stayed only on order of the court, on application and after notice to the Director and for good cause shown. (d) (1) An appeal may be taken from the determination of the Circuit Court for Baltimore City to the Court of Special Appeals of Maryland. (2) Compliance with the decision of the Director of Transportation or of the Circuit Court may be stayed while the appeal is pending only on order of the trial court, after due notice to the parties and on good cause shown. *History: Ord. 75-919* *History: Ord. 15-435* #### § 19-6 Review of prior order. Balt., Md., Code art. 31, § 19-6 (2026) (a) At any time after 1 year or more has elapsed from the date of any final order or decision made or rendered by the Director of Transportation or any court, as the case may be, in connection with any 1 particular location, the railroad company owning or operating over the tracks at the particular location, may file a petition requesting the Director to review the last final order or decision made or rendered in connection with the particular location. (b) Within 10 days after the receipt of the petition, the Director shall set a time for holding a hearing concerning the subject matter set forth in the petition, not sooner than 30 days nor more than 90 days after the petition is received in the office of the Director of Transportation, at which time all interested parties have a right to be heard. (c) (1) The Director of Transportation may amend, change, modify, affirm, or repeal, in whole or in part, the last final order or decision. (2) Within 15 days after the the hearing has been completed, the Director shall render a written decision, including the reasons for the decision. (d) If the railroad company or the City is dissatisfied with the decision of the Director, that party may appeal in the same manner as provided in the case of original decisions of the Director of Transportation. *History: Ord. 75-919* *History: Ord. 15-435* #### § 19-7 Enforcement. Balt., Md., Code art. 31, § 19-7 (2026) (a) (1) Every person and other legal entity subject to this subtitle shall fully comply at all times with all of the terms and provisions of this subtitle and any order issued under this subtitle by the Director of Transportation. (2) Any act or actions that are contrary to any provision or requirement of, and any and all failures to comply with, any provision or requirement of this subtitle or any order issued under this subtitle is a violation of this subtitle. (b) (1) The Director of Transportation may institute or cause to be instituted any and all legal, equitable, or criminal actions or proceedings that may be necessary or proper to enforce any and all of the provisions of this subtitle or any order issued under this subtitle. (2) Nothing contained in this subtitle may be taken or construed to estop or prevent the Director of Transportation from instituting or causing to be instituted or fully prosecuting any and all legal or equitable actions or proceedings of any kind or character that may be necessary or proper to compel a full compliance with any and all of the provisions of this subtitle or any order issued under this subtitle, even though criminal proceedings may be pending or may have been completed. *History: Ord. 75-919* *History: Ord. 15-435* #### § 19-8 Penalties. Balt., Md., Code art. 31, § 19-8 (2026) (a) Every person or other legal entity who commits a violation of this subtitle shall be guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be fined $25. (b) Every such person or other legal entity shall be deemed guilty of a separate offense for each and every day that any such violation continues. *History: Ord. 75-919* ### Subtitle 20 – Bike Lanes #### § 20-1 Definitions. Balt., Md., Code art. 31, § 20-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Bike Lane” means a portion of a City street designated exclusively for the flow of bicycles and dockless vehicles, as those terms are defined in this article. (c) “Director” means the Director of Transportation. *History: Ord. 10-366* *History: Ord. 19-251* #### § 20-2 Rules and regulations. Balt., Md., Code art. 31, § 20-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations to implement this subtitle. *History: Ord. 10-366* *History: Text Conformed 02/28/21* #### § 20-3 Designation of bike lanes. Balt., Md., Code art. 31, § 20-3 (2026) The Director may designate 4' to 5' wide strips on City streets as bike lanes. *History: Ord. 10-366* #### § 20-4 Markings. Balt., Md., Code art. 31, § 20-4 (2026) (a) (1) Bike lanes must be clearly marked on the street in accordance with the United States Department of Transportation’s Federal Highway Administration Manual on Uniform Traffic Control Devices or other nationally recognized standards. (2) Materials for marking bike lanes must be selected to minimize the loss of traction for bicycles in wet conditions. (b) The application and placement of signs marking bike lanes must conform to the United States Department of Transportation’s Federal Highway Administration Manual on Uniform Traffic Control Devices. *History: Ord. 10-366* #### § 20-5 Parking restrictions. Balt., Md., Code art. 31, § 20-5 (2026) No motor vehicle may park or stand in an area designated and marked as a bike lane. *History: Ord. 10-366* #### §§ 20-6 to 20-7 Balt., Md., Code art. 31, § 20-6 to 20-7 (2026) Reserved #### § 20-8 “Bike-safe” grates required. Balt., Md., Code art. 31, § 20-8 (2026) After an area has been designated as a bike lane by the Director, the Director must ensure that all drainage grates within the bike lane: (1) have bars running perpendicular to the flow of traffic; (2) consist of a grating composed of intersecting bars; or (3) use another design that both the Director and the State Department of Transportation have approved as meeting bicycle safety design criteria as well as engineering and structural design demands. *History: Ord. 10-366* ### Subtitle 21 – Towing Vehicles from Private Parking Facility #### § 21-1 Required signs. Balt., Md., Code art. 31, § 21-1 (2026) (a) (1) This section applies to any private property that: (i) has a parking facility with 3 or more spaces accessible to the public; and (ii) makes this facility available to customers, clientele, employees, residents, lessees, or guests. (2) Unless a parking facility is posted in accordance with this section: (i) the owner, manager, or other person in charge of the parking facility may not use towing services to enforce parking restrictions; and (ii) no towing company may tow a vehicle from the parking facility for a violation of parking restrictions. (b) Each sign must: (1) indicate that vehicles parked without authorization may be towed; and (2) state: (i) the exact location to which the vehicle will be towed; (ii) the hours during which the vehicle may be reclaimed; (iii) the maximum amount that will be charged for the towing and for per diem storage of a vehicle; (iv) the telephone number that the vehicle’s owner or operator may call to reclaim the vehicle; and (v) the name and City license number of the towing company. (c) (1) Each sign must be at least 24" x 30". (2) At least 1 sign must be conspicuously posted: (i) at each entrance to the parking facility; and (ii) at each exit from the parking facility. (3) Additional signs must be conspicuously posted throughout the facility as follows: (i) for a surface lot in the Tourist Parking District, so that there is at least 1 additional sign for each 25 parking spaces (or fraction of 25 parking spaces); and (ii) for all other parking facilities and areas, so that there is at least 1 additional sign for each 7,500 square feet of parking (or fraction of 7,500 square feet). (4) Each sign must be clearly readable and visible at all times. (d) (1) There is a Tourist Parking District. (2) The District comprises the following area of the City: Beginning at North Avenue and Greenmount Avenue, south on Greenmount to Monument Street, then east on Monument to Central Avenue, then south on Central to Fleet Street, then east on Fleet to Essex Street, then southeast on Essex to Montford Avenue, then south on Montford to Hudson Street, then east on Hudson to Highland Avenue, then south on Highland to Eastbourne Avenue, then west on Eastbourne to Clinton Street, then south on Clinton to I-95, then west on I-95 to Monroe Street, then northwest on Monroe to Washington Boulevard, then northeast on Washington to South Carey Street, then north on South Carey to Lombard Street, then east on Lombard to Martin Luther King Boulevard, then north on Martin Luther King to Pennsylvania Avenue, then northwest on Pennsylvania to North Avenue, then east on North to Greenmount Avenue. *History: Ord. 87-976* *History: Ord. 94-409* *History: Ord. 01-231* #### § 21-2 Repealed by Ord. 01-231. Balt., Md., Code art. 31, § 21-2 (2026) § 21-3. Reclaiming vehicle. (a) When a vehicle has been towed from private property, the towing company or owner of the property from which the vehicle was removed must provide the owner of the vehicle or the owner’s authorized agent the opportunity to retake possession of the vehicle at any time, 24 hours a day, 7 days a week. (b) An automatic teller machine must be available at any location where persons seeking to reclaim their vehicles will be required to pay the tower. (c) For any vehicle towed from private property, the receipt given to the owner or owner’s agent must contain the following statement: “Towing from private parking facilities is regulated by City Code Article 31, Subtitle 21. For complaints, please call the Baltimore City Towing Board at {Telephone Number}.”. *History: Ord. 87-976* *History: Ord. 01-231* #### § 21-4 Scope of subtitle. Balt., Md., Code art. 31, § 21-4 (2026) This subtitle does not: (1) authorize or confer any right upon property owners to have vehicles which trespass upon their property removed or towed; or (2) grant to any towing company or operator the right to impose any charge upon the vehicle towed in addition to any such rights that they might otherwise have under applicable law. *History: Ord. 87-976* #### § 21-5 Balt., Md., Code art. 31, § 21-5 (2026) Reserved #### § 21-6 Penalties. Balt., Md., Code art. 31, § 21-6 (2026) (a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, subject to a sum of not more than $200 for each offense. (b) Each vehicle that is towed from a parking facility that is not posted as required by this section is a separate offense. *History: Ord. 87-976* *History: Ord. 01-231* ### Subtitle 22 – Towing Services – Accident Towing #### Part 1 – Definitions; General Provisions ##### § 22-1 Definitions. Balt., Md., Code art. 31, § 22-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Disabled vehicle” means a motor vehicle that: (1) has been damaged or rendered inoperative as the result of a collision or other accident; (2) is found to be stolen; (3) is being held for evidence; or (4) is otherwise disabled and impeding the free flow of traffic or movement of pedestrians. (c) “Medallion towing company” means a towing company that: (1) is licensed under this subtitle; and (2) owns or operates 1 or more medallion towing vehicles. (d) “Medallion towing vehicle” means a towing vehicle that: (1) is owned or operated by a medallion towing company; and (2) has been specifically authorized to tow vehicles under this subtitle. (e) (1) “Person” has the meaning stated in § 1-107 of the City Code’s General Provisions Article. (2) When used in any clause imposing a penalty, the term “person”: (i) as applied to a partnership or association, includes its partners or members; and (ii) as applied to a corporation, limited liability company, or similar entity, includes its officers. (f) “Police Commissioner” or “Commissioner” means the Baltimore City Police Commissioner or the Commissioner’s designee. (g) (1) “Towing” means moving, removing, or preparing to move or remove a disabled vehicle by another vehicle, for which a charge is imposed directly or indirectly. (2) For purposes of this definition, dues or other charges by clubs or associations that provide towing services are indirect charges. (h) “Towing company” means any person that owns or operates a business for the disentangling or towing of disabled vehicles. (i) “Towing vehicle” means a vehicle that tows a disabled vehicle. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* *History: Ord. 13-175* *History: Ord. 22-125* ##### § 22-2 Declaration of policy. Balt., Md., Code art. 31, § 22-2 (2026) The purposes of this subtitle are: (1) to safeguard the public interests against fraud, discrimination, deceptions, and similar abuses; (2) to eliminate traffic delays, unnecessary street congestion, and traffic hazards; and (3) generally, to protect the general welfare and public interests of the community. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### § 22-3 Rules and regulations. Balt., Md., Code art. 31, § 22-3 (2026) (a) The Police Commissioner shall adopt and enforce rules and regulations to carry out this subtitle. (b) A copy of all rules and regulations must be filed with the Department of Legislative Reference before they take effect. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### § 22-4 Balt., Md., Code art. 31, § 22-4 (2026) Reserved ##### § 22-5 Balt., Md., Code art. 31, § 22-5 (2026) Reserved #### Part 2 – Licensing, Bonding, etc. ##### § 22-6 License required. Balt., Md., Code art. 31, § 22-6 (2026) (a) No person may tow a disabled vehicle from any location in the City unless: (1) the person is licensed by the Police Commissioner under this subtitle as a medallion towing company; or (2) the person has been summoned by the vehicle owner’s or operator’s automobile or motor club or automobile insurance company. (b) Applications for a license must be in the form and contain the information that the Police Commissioner requires. (c) The application must be accompanied by a non-refundable application fee of $250. (d) (1) Each medallion towing license expires annually on the anniversary of its issuance and is renewable as provided in this subsection. (2) To renew a license, the licensee must apply no less than 30 days nor more than 60 days before the license expires. (3) The renewal application must be in the form and contain the information that the Police Commissioner requires. (e) (1) Except as provided in paragraph (2) of this subsection, the annual license fee is: (i) $250 for the medallion towing company license, plus (ii) $100 for each medallion towing vehicle to be operated under that license. (2) For the 1st license year, the fee is $100 for each medallion towing vehicle to be operated under that license. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 90-509* *History: Ord. 08-077* ##### § 22-7 Qualifications of applicants. Balt., Md., Code art. 31, § 22-7 (2026) (a) (1) The rules and regulations adopted by the Police Commissioner shall specify the qualifications required for licensing under this subtitle. (2) Among other qualifications, these rules and regulations must seek to assure that: (i) an applicant has a significant business presence in the City and is thus capable of providing the services required by the Commissioner; and (ii) all towing vehicles to be operated under the license are adequate for the services required. (b) On receipt of an application for an initial license, the Police Commissioner shall investigate the qualifications of the applicant. *History: Ord. 08-077* ##### § 22-8 Surety bond. Balt., Md., Code art. 31, § 22-8 (2026) (a) Every person licensed under this subtitle shall file with the Police Commissioner a bond to save harmless the owner of any vehicle for any property damage occurring while the vehicle is in that person’s possession. (b) The bond shall be in an amount of at least $20,000. *History: Ord. 57-998* *History: Ord. 58-1271* *History: Ord. 75-921* *History: Ord. 08-077* ##### § 22-9 Schedule of charges. Balt., Md., Code art. 31, § 22-9 (2026) (a) (1) When applying for a license, the applicant shall file with the Police Commissioner a schedule that clearly sets forth that person’s proposed charges for towing and for services incident to towing. (2) These charges may be measured by mileage, time, and type of service. (b) (1) No matter how calculated, the towing charges may not exceed the amount of $150 per tow unless: (i) the vehicle is a commercial vehicle under § 1-1(f) {“Definitions – A to L: Commercial Vehicle”} of this article; or (ii) the tow of the vehicle: (A) requires removal from an embankment, ditch, waterway, trench, hole, or heavily wooded area; or (B) otherwise requires specialized and exceptional services for the vehicle’s removal. (2) The schedule must set a maximum storage fee of no more than $50 per day. (c) A licensee may not change the charges without filing with the Police Commissioner an amended schedule that shows the proposed changes. (d) (1) The Police Commissioner may reject any proposed charges if, in the Commissioner’s opinion, the charges are excessive for the service to be performed. (2) In that case, the Commissioner shall return the proposed schedule or amended schedule to the applicant or licensee, as the case may be, with suitable notice of the reasons for rejecting it. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* *History: Ord. 14-266* *History: Ord. 14-307* ##### § 22-10 Balt., Md., Code art. 31, § 22-10 (2026) Reserved #### Part 3 – Towing Operations ##### § 22-11 Owner’s, operator’s right to choose. Balt., Md., Code art. 31, § 22-11 (2026) (a) Whenever a disabled vehicle needs to be towed from a City street: (1) if the vehicle is impeding the free flow of traffic or movement of pedestrians or if some other emergency pertains, as determined by the police officer on the scene, the police officer shall request the Police Commissioner to summons a medallion towing vehicle; and (2) in all other situations: (i) the police officer on the scene shall permit the owner or operator, if available, to contact a bona fide automobile or motor club of which he or she is a member or an automobile insurance company with which she or he is insured; and (ii) if the owner or operator declines or is unavailable to do so, the police officer shall request the Police Commissioner to summons a medallion towing vehicle. (b) If the towing company contacted by an automobile or motor club or automobile insurance company under subsection (a)(2)(i) of this section cannot or does not respond within 20 minutes or a reasonable period of time, as determined by the police officer under the circumstances, the police officer shall request the Police Commissioner to summons a medallion towing vehicle. (c) To the extent possible under the circumstances, the police officer at the scene shall verify that the towing vehicle arriving at the scene and preparing to tow the disabled vehicle: (1) is not there in violation of § 22-21 {“Solicitations prohibited”}or § 22-24 {“Police radios prohibited”} of this subtitle; and (2) either: (i) is a medallion towing vehicle summoned by the Police Commissioner; or (ii) is a towing vehicle summoned by the owner’s or operator’s automobile or motor club or automobile insurance company. (d) Once a medallion towing vehicle has been summonsed under this section, it is to be given priority over any other towing vehicle that may arrive at the scene. (e) (1) This subsection does not apply to a vehicle that is being held for evidence. (2) The owner or operator of a disabled vehicle, if available, retains full discretion to determine the destination to which the vehicle is to be towed, even if the tow is by a medallion towing vehicle summoned under this section. *History: Ord. 93-231* *History: Ord. 08-077* ##### § 22-12 Police assignments. Balt., Md., Code art. 31, § 22-12 (2026) (a) The Police Commissioner shall maintain a current list of all medallion towing companies licensed under this subtitle. (b) (1) Subject to § 22-11 {“Owner’s, operator’s right to choose”} of this subtitle, whenever the services of a towing vehicle are required and a request is made to the Commissioner’s office for towing services, the Commissioner shall summons the medallion towing company whose place of business is closest to the scene of the accident. (2) If the towing company that is closest to the scene does not then have a medallion towing vehicle available, the Commissioner shall summons the next closest towing company, and so on until a medallion towing vehicle has been secured. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### § 22-13 Balt., Md., Code art. 31, § 22-13 (2026) Reserved ##### § 22-14 Tow vehicle identification. Balt., Md., Code art. 31, § 22-14 (2026) (a) Every medallion towing vehicle shall be identified as specified in this section and the Police Commissioner’s rules and regulations. (b) The name, address, and telephone number of the towing company shall be legibly inscribed or painted, on both sides of the towing vehicle, in lettering not less than 4 inches high. (c) The towing vehicle shall carry and display the medallion or other certification issued by the Commissioner for that vehicle. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### § 22-15 Estimates and repairs. Balt., Md., Code art. 31, § 22-15 (2026) (a) (1) A towing company may not make any repairs for consideration on a disabled vehicle towed by it without first entering into a signed agreement with the owner of the disabled vehicle or the owner’s authorized representative. (2) The signed agreement must include an estimates of the cost of repairs. (b) (1) 1 copy of an agreement entered into under this section shall be given to the owner of the disabled vehicle or the owner’s authorized representative. (2) 1 copy of an agreement entered into under this section shall be retained by the towing company for a period of at least 2 years. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### § 22-16 Delivery of vehicle. Balt., Md., Code art. 31, § 22-16 (2026) (a) (1) A towing company that acquires custody and control of a vehicle under this subtitle shall deliver custody and control to the Police Commissioner, unless a signed agreement to the contrary is executed by the owner of the vehicle. (2) If the vehicle is delivered into the custody and control of the Commissioner, the Commissioner is responsible for the safety of the vehicle while it is in the Commissioner’s custody and control. (b) Nothing in this section prevents the owner of a vehicle or the owner’s authorized representative from reacquiring custody and control of the vehicle on payment to the towing company or to the Police Commissioner, as the case may be, of the applicable fees, as established in the schedule filed with the Commissioner. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### §§ 22-17 to 22-20 Balt., Md., Code art. 31, § 22-17 to 22-20 (2026) Reserved #### Part 4 – Prohibited Conduct ##### § 22-21 Solicitations prohibited. Balt., Md., Code art. 31, § 22-21 (2026) No person may: (1) in any way solicit towing business; or (2) attempt or offer to take any disabled vehicle in tow unless: (i) the person is operating a medallion towing vehicle summoned by the Police Commissioner; or (ii) the person has been summoned by a bona fide automobile or motor club or automobile insurance company on behalf of the owner or operator of the disabled vehicle. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### § 22-22 Bail services prohibited. Balt., Md., Code art. 31, § 22-22 (2026) (a) This section does not apply to a bona fide automobile or motor club, association, or insurance company. (b) No person towing a disabled vehicle may: (1) offer to secure or provide bail for any person involved in the incident; (2) enter into an agreement, oral or written, to secure or provide bail for any person involved in the incident; or (3) arrange for the providing of bail for any person involved in the incident. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### § 22-23 Gratuities, etc., to City employees prohibited. Balt., Md., Code art. 31, § 22-23 (2026) No person may offer or give any bribe, gift, gratuity, or inducement of any kind to any public official or employee in order to obtain business or recommendations for towing, storing, repairing, or providing repair estimates for disabled vehicles. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### § 22-24 Police radios prohibited. Balt., Md., Code art. 31, § 22-24 (2026) No towing company nor any owner, operator, employee, or agent of a towing company, whether licensed under this subtitle or not, may: (1) possess at his, her, or its garage, repair shop, or other place of business any radio-receiving set capable of receiving signals or messages transmitted on frequencies allocated for use by the Police Department; or (2) in connection with any towing operations, make use of any signals or messages transmitted by the Police Department on frequencies allocated for its use. *History: Ord. 57-998* *History: Ord. 75-921* *History: Ord. 08-077* ##### §§ 22-25 to 22-30 Balt., Md., Code art. 31, § 22-25 to 22-30 (2026) Reserved #### Part 5 – Enforcement; Penalties ##### § 22-31 Denial, suspension, etc., of licenses. Balt., Md., Code art. 31, § 22-31 (2026) (a) The Police Commissioner may deny, refuse to renew, revoke, or suspend the license of any person who: (1) violates any provision of this subtitle or of the rules or regulations adopted under this subtitle; or (2) fails to comply with any of the terms or provisions of any towing or repair agreement entered into under this subtitle. (b) (1) A person whose license has been denied, refused renewal, revoked, or suspended by the Police Commissioner under this section may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. (2) A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 57-998* *History: Ord. 59-1749* *History: Ord. 75-921* *History: Ord. 04-672* *History: Ord. 08-077* *History: Ord. 19-332* ##### § 22-32 Enforcement by citation. Balt., Md., Code art. 31, § 22-32 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. *History: Ord. 08-077* ##### § 22-33 Penalties. Balt., Md., Code art. 31, § 22-33 (2026) (a) Any person who violates any of the provisions of this subtitle or of the rules and regulations adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to fine of not more than $1,000, imprisonment for not more than 12 months, or both fine and imprisonment for each offense. (b) Each day that a violation continues is a separate offense. *History: Ord. 57-998* *History: Ord. 59-1749* *History: Ord. 75-921* *History: Ord. 08-077* ### Subtitle 23 – Bus Lanes and Stops #### § 23-1 Definitions. Balt., Md., Code art. 31, § 23-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Bus lane” means a portion of a City street designated primarily for the use of busses. (c) “Bus stop” means a portion of a City street adjacent to the edge of the street designated for the loading and unloading of passengers from busses. (d) “Director” means the Director of Transportation. *History: Ord. 17-038* #### § 23-2 Rules and regulations. Balt., Md., Code art. 31, § 23-2 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director may adopt rules and regulations to implement this subtitle. *History: Ord. 17-038* *History: Text Conformed 02/28/21* #### § 23-3 Designation of lanes and stops. Balt., Md., Code art. 31, § 23-3 (2026) The Director may designate bus lanes and bus stops on City streets. *History: Ord. 17-038* #### § 23-4 Markings. Balt., Md., Code art. 31, § 23-4 (2026) (a) Bus lanes must be clearly marked on the street in accordance with the United States Department of Transportation’s Federal Highway Administration Manual on Uniform Traffic Control Devices or other nationally recognized standards. (b) The application and placement of signs marking bus lanes and bus stops must conform to the United States Department of Transportation’s Federal Highway Administration Manual on Uniform Traffic Control Devices. *History: Ord. 17-038* #### § 23-5 Parking restrictions. Balt., Md., Code art. 31, § 23-5 (2026) No motor vehicle may park or stand in an area designated and marked as a bus lane or a bus stop. *History: Ord. 17-038* ### Subtitles 24 to 25 ### Subtitle 26 – Miscellaneous Prohibitions #### § 26-1 Unauthorized riding. Balt., Md., Code art. 31, § 26-1 (2026) (a) It shall not be lawful for any unauthorized person or persons to ride on locomotives, tenders, or cars of steam railroads, street cars, stages, omnibuses, hacks, or any licensed conveyance for passengers or merchandise on any street, lane, or alley opened for public use within the limits of the City of Baltimore under a penalty of $1 for each offense, to be recovered as other fines and penalties are now recoverable. (b) Provided, however, that the provisions of this section shall not apply to newboys {sic} pursuing their vocation. *History: Ord. 1879-004* #### § 26-2 Unauthorized driving. Balt., Md., Code art. 31, § 26-2 (2026) If any person shall enter upon or into any vehicle or conveyance, or remain therein, or drive or remove the same from the place where the same may then be, without the authority or permission of the owner or the party in charge thereof, such person so entering, remaining, driving away, or removing without authority or permission as aforesaid, shall be subject to a fine of not less than $1, nor more than $20, to be collected as other fines and penalties are collected. *History: Ord. 1877-085* #### § 26-3 Failure to affix registration plates. Balt., Md., Code art. 31, § 26-3 (2026) No motor vehicle shall be permitted to stand on the streets and highways of the City of Baltimore unless said motor vehicle has affixed thereto registration plates which are neither expired nor fictitious, and are displayed in the manner set forth in the Maryland Vehicle Law, and shall be subject to such penalties as are set forth in § 37-1 of this article. *History: Ord. 68-110* #### § 26-4 Minors as parking attendants. Balt., Md., Code art. 31, § 26-4 (2026) It shall be unlawful for any minor, under the age of 18 years, to assist or in any way to participate in the parking of vehicles on vacant lots, driveways, or any other private property, unless the minor has the written permission of the property owner for such parking. *History: Ord. 55-1455* ### Subtitle 27 – Reasonable Care #### § 27-1 Always required. Balt., Md., Code art. 31, § 27-1 (2026) Nothing contained herein or omitted herefrom shall be construed or held to relieve any person using or traveling or being upon any street, for any purpose whatever, from exercising all reasonable care to avoid or prevent injury through collision with all other persons and vehicles. *History: Ord. 08-139* ### Subtitle 28 – Special Regulations #### § 28-1 Police Commissioner may adopt. Balt., Md., Code art. 31, § 28-1 (2026) The Police Commissioner is hereby authorized and empowered to make and enforce special regulations with regard to the traffic, at certain hours, when the safety or convenience of the public will best be subserved thereby. *History: Ord. 08-139* ### Subtitles 29 to 30 ### Subtitle 31 – Clear Streets and Impoundment #### Part 1 – Definitions; General Provisions ##### § 31-1 Definitions. Balt., Md., Code art. 31, § 31-1 (2026) (a) “Abandoned vehicle” has the meaning stated in State Transportation Article (“Maryland Vehicle Law”) § 25-201. (b) “Commissioner” means the Police Commissioner of Baltimore City or the Commissioner’s designee. (c) (1) “Private property” includes all property not included within subsection (d) of this section, where the owner can be readily ascertained by reference to the records of the Bureau of Assessments or elsewhere. (2) In case: (i) the owner of property: (A) cannot be so located; or (B) if located, is out of the City or cannot be reached by certified mail or does not respond to it; or (C) otherwise is beyond the jurisdiction of City authorities; or (ii) the property is apparently abandoned, then, for the purposes of this subtitle that property is deemed public property included within subsection (d) of this section. (d) (1) “Street” has the meaning stated in § 1-109 {“Street”} of the City Code’s General Provisions Article. (2) “Street”also includes: (i) publicly-owned vacant lots; or (ii) public property part of which is vacant. *History: Ord. 69-343* *History: 99-421* *History: Ord. 06-347* *History: Ord. 15-435* *History: Ord. 18-195* *History: Ord. 22-125* ##### § 31-2 Liability of lessors and other registered owners. Balt., Md., Code art. 31, § 31-2 (2026) (a) (1) In this subsection, “lessor” means a person, corporation, firm, agency, association, or organization that rents or leases motor vehicles. (2) A lessor, together with any customer or operator who rents or leases a motor vehicle from it, is jointly and severally liable for fines or penalties imposed for violations of parking ordinances that have been committed by that customer or operator. (3) Nothing in this section may be construed to prevent the lessor from recovering from the customer or operator the amount of any fine or penalty paid under this section. (b) In any prosecution of a violation of any parking or standing law or regulation, proof that the vehicle described in the citation was parked in violation of the law or regulation, together with proof that the defendant named in the citation was at the time of violation the registered owner of the vehicle, constitutes a prima facie presumption that the registered owner of the vehicle was the person who parked the vehicle at the point where and for the time during which the violation occurred. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 99-399* *History: Ord. 06-247* ##### §§ 31-3 to 31-5 Balt., Md., Code art. 31, § 31-3 to 31-5 (2026) Reserved #### Part 2 – General Conditions Warranting Impoundment ##### § 31-6 Vehicles obstructing traffic. Balt., Md., Code art. 31, § 31-6 (2026) (a) (1) It shall be unlawful for any person to use City streets to park, stop, store, or operate a vehicle or part thereof in such a manner as to obstruct or impede the free flow of traffic thereon or the movement of pedestrians. (2) Determination by the Commissioner that such a vehicle is actually obstructing traffic as aforesaid shall be considered prima facie evidence of a violation hereof. (b) (1) The Commissioner is authorized to cause such vehicle to be removed immediately so as to clear the streets. (2) Such removal may be: (i) to another part of the same street; (ii) to a side street; or (iii) effected in the manner hereinafter provided for impounded and abandoned motor vehicles. *History: Ord. 69-343* *History: Ord. 86-772* ##### § 31-7 Vehicles illegally parked, etc. Balt., Md., Code art. 31, § 31-7 (2026) (a) (1) It is unlawful for any person to park, stand, or stop a vehicle or part of a vehicle on any street, lane, or alley: (i) during the hours when parking, standing, or stopping is restricted or prohibited; or (ii) for longer than the time permitted for parking, standing, or stopping. (2) A violation of this subsection is a misdemeanor, punishable by the fine specified in Subtitle 36 of this article. (b) (1) In the impounding areas designated in Part 7 of this subtitle, the Department of Transportation shall post conspicuous signs warning the public of the restricted hours and bearing the statement “Cars Towed Away” or “Tow Away Zone”. (2) In an impounding area in which the required signs have been clearly posted, the Police Commissioner may cause vehicles that are illegally parked, standing, or stopped to be removed and impounded. (c) (1) In this subsection, “semitrailer” has the meaning given in State Transportation Article § 11-158. (2) If a semitrailer, whether attached or detached, is parked, standing, or stopped in violation of § 6-26(b) {“Commercial vehicles: Stopping by residence”} of this article, the Police Commissioner may cause that semitrailer, together with any other vehicle attached to it, to be removed and impounded. *History: Ord. 69-343* *History: Ord. 70-925* *History: Ord. 75-920* *History: Ord. 84-023* *History: Ord. 03-591* *History: Ord. 15-435* ##### § 31-8 Abandoned vehicles. Balt., Md., Code art. 31, § 31-8 (2026) (a) In this section, “Department” means: (1) the Department of Transportation, if that agency has been designated for these purposes by the Board of Estimates, as provided in State Transportation Article (“Maryland Vehicle Law”) § 25-201(e)(3); or (2) otherwise, the Baltimore City Police Department. (b) The abandonment of a vehicle on the streets of the City, on any other public property, or on any private property without the consent of the owner or person in control of that private property is prohibited by State Transportation Article (“Maryland Vehicle Law”) § 25-202, subject to the penalties provided in Maryland Vehicle Law Title 27. (c) If a vehicle has been abandoned on a street or any other public property, the Department may have the vehicle removed as provided in this subtitle. (d) (1) If a vehicle has been abandoned on private property, the Department shall first ascertain who owns or controls the property and make a reasonable effort to discover whether the vehicle is parked or stored on the property with the consent of the owner or person in control of the property. (2) The vehicle is deemed abandoned and may be towed or otherwise removed, as provided for vehicles found abandoned on public property, if: (i) by reasonable investigation, the Department determines that the vehicle is parked on the property without the consent of the owner or person in control; (ii) the owner or person in control cannot be located within a reasonable period of time; or (iii) the storage of the vehicle is in violation of the zoning laws or regulations of the City as applied to that property. *History: Ord. 69-343* *History: Ord. 71-1162* *History: Ord. 83-1000* *History: Ord. 99-421* *History: Ord. 06-347* *History: Ord. 15-435* ##### § 31-9 Vehicles in accidents. Balt., Md., Code art. 31, § 31-9 (2026) When a motor vehicle has been involved in an accident or other disablement so that: (1) it cannot be operated under its own power; or (2) the owner or operator thereof is unable to operate it; or (3) such vehicle is obstructing traffic, the Commissioner is authorized to cause such vehicle to be removed to the auto pound hereinafter referred to or put in some other place where it will not obstruct, interfere with, or impede the free flow of traffic. *History: Ord. 69-343* *History: Ord. 70-806* ##### § 31-10 Recovery of stolen, etc., vehicles. Balt., Md., Code art. 31, § 31-10 (2026) (a) When the Commissioner recovers a vehicle which has been reported stolen or has been used without authorization, he may cause such vehicle to be removed to the said auto pound. (b) (1) The Commissioner, upon receiving a report of a stolen vehicle, shall report such alleged theft at once to the Motor Vehicle Administration as required by State law. (2) Upon recovery of such car reported stolen, the Commissioner shall at once notify said Motor Vehicle Administration as so required. *History: Ord. 69-343* ##### § 31-11 Maximum charges. Balt., Md., Code art. 31, § 31-11 (2026) (a) The owner of a vehicle removed or impounded under this Part 2 may be charged a maximum of $150 for the tow of the vehicle unless: (1) the vehicle is a commercial vehicle under § 1-1(f) {“Definitions – A to L: Commercial Vehicle”} of this article; or (2) the tow of the vehicle: (i) requires removal from an embankment, ditch, waterway, trench, hole, or heavily wooded area; or (ii) otherwise requires specialized and exceptional services for the vehicle’s removal. (b) Additional storage fees, administrative fees, and fines for outstanding parking violations may also be charged as allowed by applicable laws and regulations. *History: Ord. 14-266* *History: Ord. 14-307* ##### § 31-12 Unidentifiable vehicles. Balt., Md., Code art. 31, § 31-12 (2026) (a) It is unlawful for any person to park a vehicle or part of a vehicle on any street, lane, or alley if the vehicle: (1) is not displaying currently valid registration plates; and (2) has its VIN obscured so that it cannot be read from outside the vehicle. (b) The Commissioner is authorized to cause any vehicle in violation of subsection (a) of this section to be immediately removed and impounded as provided in this subtitle. *History: Ord. 18-195* ##### §§ 31-13 to 31-20 Balt., Md., Code art. 31, § 31-13 to 31-20 (2026) Reserved #### Part 3 – Impoundment or Immobilization for Outstanding Citations ##### § 31-21 Impounding or immobilization authorized. Balt., Md., Code art. 31, § 31-21 (2026) (a) If an unattended motor vehicle is found parked at any time on any City street and the vehicle has 3 or more unsatisfied citations against it for parking violations, and if a period of 30 days or more has elapsed since the 3rd unsatisfied citation, the Commissioner is authorized to cause that vehicle: (1) either by towing or otherwise, to be removed or conveyed to and impounded in any place designated by the Director of Transportation; or (2) immobilized so as to prevent its operation. (b) Except that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. (c) (1) When the vehicle has been removed and impounded pursuant to the provisions of this section, it shall be subject to the impounding provisions of this subtitle and the penalties applicable thereto. (2) An immobilized vehicle which is thereafter impounded shall not be subject to the booting fee hereinafter provided for in this subtitle. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* *History: Ord. 15-435* ##### § 31-22 Impoundment – Right to hearing. Balt., Md., Code art. 31, § 31-22 (2026) (a) (1) The owner of a vehicle impounded under this Part 3, has the same right to contest the validity of the impoundment by requesting a hearing in the same manner as is provided for owners of vehicles impounded as abandoned under Part 4 of this subtitle, the provisions of which shall also apply to vehicles impounded under this Part 3. (2) The hearing for the owner of a vehicle impounded pursuant to this Part 3 shall be provided within 72 hours, excluding Sundays and holidays, from the time said owner files an application for such hearing. (b) The right to the hearing provided for under this section applies equally to: (1) an owner who elects to be heard prior to payment of any towing or storage charges and posting collateral equivalent to the maximum fines and penalties for unsatisfied parking violation citations; and (2) to an owner who elects to pay such amounts and secure immediate release of the impounded vehicle. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* ##### § 31-23 Impoundment – Notices; Time for requesting hearing. Balt., Md., Code art. 31, § 31-23 (2026) (a) (1) Posted notice of this right shall be given said owner as provided in Part 4 of this subtitle. Said owner shall also be notified in writing of this right should said owner appear to claim the vehicle impounded and elect to secure immediate release of the impounded vehicle by payment of all charges which have accrued thereon. (2) The application for the hearing shall be filed by the owner of the vehicle impounded under the provisions of this Part 3, and said owner shall be so advised, within 10 days from : (i) the receipt by the owner of the notice posted to such owner; or (ii) from the date said owner is notified in writing of his right to said hearing, should said owner appear to claim the vehicle impounded. (b) The owner of an immobilized vehicle which is thereafter impounded pursuant to the provisions of this Part 3 shall be advised that said owner’s right to the hearing provided under this Part shall be deemed to have been waived if said owner: (1) fails to return the application for the hearing within 10 days from the receipt of the notice posted to such owner; (2) fails to return the application for the hearing within 10 days from the date said owner is notified in writing of his right to said hearing should said owner appear to claim the vehicle impounded pursuant to the provisions of this Part 3; or (3) executes a written document waiving said owner’s right to the hearing provided for under this Part 3. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* ##### § 31-24 Impoundment – Hearing. Balt., Md., Code art. 31, § 31-24 (2026) (a) Applications for a hearing contesting the validity of the impoundment or immobilization under this Part 3 shall be heard to determine: (1) whether or not there were, at the time such vehicle was impounded or immobilized, 3 or more unsatisfied citations for parking violations against such vehicle; and (2) whether a period of 30 days or more had elapsed since the 3rd unsatisfied citation. (b) The hearing officer may also consider such other relevant facts and circumstances, as he deems necessary, in making a determination as to the validity of the impoundment. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* ##### § 31-25 Immobilization – Notice on vehicle. Balt., Md., Code art. 31, § 31-25 (2026) (a) Whenever a vehicle is immobilized under this Part 3, the Commissioner shall cause to be placed on the vehicle, in a conspicuous manner, a notice sufficient to warn any individual that the vehicle has been immobilized and that any attempt to move the vehicle might result in damage to it. (b) The notice shall also advise the owner or operator: (1) that the vehicle has been immobilized by the City for violations of this article; (2) that the owner of an immobilized vehicle has the right to contest the validity of the immobilization at a hearing, to be convened within 72 hours, excluding Sundays and holidays, from the submission of a hearing application; (3) where hearing application forms can be obtained by or requested to be mailed to the owner; (4) how release of the vehicle may be obtained on payment of the booting fee and other charges specified in this Part 3; and (5) that this payment does not affect the owner’s right to a hearing or to contest the validity of the immobilization. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* *History: Ord. 08-049* ##### § 31-26 Immobilization – Release on payment of booting fee, etc. Balt., Md., Code art. 31, § 31-26 (2026) (a) The owner of an immobilized vehicle may secure release of the vehicle on payment of: (1) a booting fee of $150; and (2) all charges that have accrued on the vehicle, including collateral equivalent to the maximum fines and penalties for all unsatisfied parking violation citations. (b) This payment does not affect the owner’s right to a hearing under this Part 3 nor does it waive the owner’s right to contest the validity of the immobilization. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* *History: Ord. 08-049* *History: Ord. 14-267* ##### § 31-27 Immobilization – Right to hearing. Balt., Md., Code art. 31, § 31-27 (2026) (a) (1) The owner of a vehicle immobilized under this Part 3 has the right to contest the validity of the immobilization at a hearing within 72 hours, excluding Sundays and holidays, from the time said owner files an application for such hearing with a hearing officer. (2) Said owner may also secure a hearing, as provided for herein, within 72 hours, excluding Sundays and holidays, from the time said owner files the application required, before payment of the booting fee and all charges which have accrued thereon by virtue of the immobilization, and before the immobilized vehicle is released. (b) (1) The form of the application shall be prescribed by the Director of Transportation. (2) The application shall be filed within 10 days from: (i) the date the owner has been provided notice of immobilization, as specified in § 31-25 of this subtitle; (ii) the receipt of written notice to be provided the owner, as prescribed in § 31-28 of this subtitle; or (iii) the date the owner is notified in writing of his or her right to a hearing if the owner appears to claim the immobilized vehicle. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* *History: Ord. 15-435* ##### § 31-28 Immobilization – Notices. Balt., Md., Code art. 31, § 31-28 (2026) (a) (1) Unless the owner of a vehicle immobilized under the provisions of this Part 3 appears to secure release of the vehicle within 24 hours after the vehicle has been immobilized, in addition to the notice given the owner of the vehicle, as provided for under § 31-25 of this subtitle, the Director of Transportation shall give the owner written notice, by certified mail within 48 hours after the vehicle has been immobilized, that the owner has the right to contest the validity of the immobilization at a hearing within 72 hours, excluding Sundays and holidays, from the submission of an application. (2) A copy of the application shall be included with the notice posted to the owner. (b) The owner of a vehicle immobilized pursuant to this section shall be advised that said owner’s right to a hearing provided herein shall be deemed to have been waived if said owner: (1) fails to return the application for a hearing within 10 days from the receipt of notice provided for in § 31-25 or within 10 days from the receipt of any certified mail notice sent to said owner; (2) fails to return the application for the hearing within 10 days from the date said owner is notified of his right to said hearing, should said owner appear to claim the vehicle immobilized under this section; or (3) executes a written waiver whereby he waives the hearing provided for under this Part 3. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* *History: Ord. 15-435* ##### § 31-29 Immobilization – Hearing. Balt., Md., Code art. 31, § 31-29 (2026) (a) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation shall establish by regulations the procedures for the holding of the hearings provided for under this Part 3. (b) The hearing officers appointed in accordance with the provisions of Part 4 of this subtitle shall receive the applications and conduct the hearings provided for under this Part 3. (c) (1) If it is determined by the hearing officer, after consideration of the criteria prescribed for the hearing as set forth in § 31-24 of this subtitle, that the vehicle should not have been immobilized: (i) the owner shall not be required to pay the booting fee provided for under § 31-26 to secure release of said vehicle; or (ii) if the booting fee was paid prior to the hearing a refund of said booting fee shall be made to the owner who paid said fee. (2) The hearing officer’s ruling in no way has any bearing on the fine, penalty, or charge imposed by the District Court of Maryland for parking violations. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* *History: Ord. 15-435* *History: Text Conformed 02/28/21* ##### § 31-30 Immobilization – Subsequent acquittal on citations. Balt., Md., Code art. 31, § 31-30 (2026) (a) If following trial in the District Court of Maryland or other tribunal, a not guilty verdict is entered upon any of the parking violations charged against the vehicle immobilized, notwithstanding the ruling of the hearing officer with respect to the immobilization of the vehicle, all charges advanced as having accrued upon the vehicle by virtue of its immobilization, including the collateral advanced, for such parking violation upon which a not guilty verdict was entered, shall be returned to the person who advanced such sums upon presentation of the official receipt issued at the time said vehicle was released. (b) It is further provided that if, as the result of the Court’s decision, the number of parking violations charged against the vehicle previously immobilized, is reduced to 2 or less, and provided no refund has previously been made, the booting fee shall also be returned to the person who advanced such fee, upon presentation of the official receipt issued at the time said vehicle was released. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* ##### § 31-31 Immobilization – Tampering prohibited. Balt., Md., Code art. 31, § 31-31 (2026) (a) It shall be unlawful for any person: (1) to tamper with or remove or attempt to remove the immobilization device without authorization; or (2) to remove the warning notice. (b) Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or to imprisonment for not more than 12 months, or to both such fine and imprisonment in the discretion of the court. *History: Ord. 69-343* *History: Ord. 74-768* *History: Ord. 83-864* ##### §§ 31-32 to 31-40 Balt., Md., Code art. 31, § 31-32 to 31-40 (2026) Reserved #### Part 4 – Impoundment Procedures ##### § 31-41 Auto pound. Balt., Md., Code art. 31, § 31-41 (2026) (a) To assist in effectuating the purposes of this subtitle, the Director of Transportation shall provide an auto pound or storage area of sufficient size and staffed with sufficient personnel and equipment to receive, hold, and dispose of the motor vehicles delivered to it. (b) (1) To this end, a Towing Division shall be maintained in the Department of Transportation. (2) The Director of Transportation shall appoint a Chief of that Division, to be known as the Chief of the Towing Division. *History: Ord. 69-343* *History: Ord. 15-435* ##### § 31-42 Employment of tow trucks. Balt., Md., Code art. 31, § 31-42 (2026) (a) In carrying out the provisions of this subtitle with respect to vehicles abandoned, parked, stopped, left unattended in violation of law, or obstructing traffic, the Police Commissioner shall cause the vehicle to be removed. (b) (1) However, with respect to cars stolen, disabled by accident or otherwise, or parked so as to block the entrance to a driveway in an impoundment zone, except in emergency situations, the Commissioner shall employ 1 or more licensed towers or towing companies to proceed at once to the scene and transport such vehicle to the said auto pound. (2) Disabled vehicles, however, may be towed to a place designated by the owner or his agent. (3) For the purposes of this section, emergency situations are deemed to mean police security, civil disaster, or otherwise. (c) (1) Such tower shall be selected by the Commissioner from a list previously prepared by him. (2) In selecting a tower for a particular transaction, preference shall be given to one as close as possible to the location of the vehicle. (d) (1) The towing charges shall be set in advance, arrived at by agreement between the towers, the Commissioner, and the Director, with any disputes as to charges to be settled by the Commissioner. (2) In the event towing is performed by City forces or vehicles and no employment of towers becomes necessary, the same schedule of charges shall apply. Such towing charges will be added to the cost of storage as hereinafter specified, and made a lien upon such vehicle. (e) When a private tower is used, said Commissioner shall prepare a vehicle report for the vehicle and have it verified and signed by such tower on forms provided by the Commissioner: (1) containing: (i) a brief description of the vehicle, including any distinguishing marks or accessories; and (ii) a listing of any personal property found; (2) showing removal and custody of same for such vehicle; and (3) also showing the towing charges for removing said vehicle to the auto pound. (f) The Commissioner may promulgate and adopt rules to implement the enforcement hereof, such rules to be published. *History: Ord. 69-343* *History: Ord. 70-806* *History: Ord. 81-425* *History: Ord. 15-435* ##### § 31-43 Notice and hearing – In general. Balt., Md., Code art. 31, § 31-43 (2026) (a) (1) Within 2 full working days after the vehicle has been removed to the auto pound, the Director of Transportation must post notice to the owner of the vehicle and, within 7 full working days, must post notice to the secured party by certified mail, return receipt requested, of the following: (i) that the Director has the vehicle in custody; (ii) the storage location of the vehicle; (iii) that the vehicle will be sold at public auction to the highest bidder unless claimed by the owner within 11 working days after receipt of the notice; and (iv) that the owner of a vehicle impounded as an “abandoned vehicle” or as an “unidentifiable vehicle” may contest the validity of the taking by application, on a form prescribed by the Director of Transportation, to a hearing officer within 10 days from the date of such application. (2) Application forms shall be sent to the owner and shall be made part of the notice letter. (b) The Mayor shall appoint a hearing officer, who shall not be a member of any state or local police department, to hear applications to determine whether or not the vehicle was abandoned and, therefore, subject to impoundment under the Baltimore City Code. (c) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of the Transportation shall establish by regulation the procedures for holding these hearings. (d) (1) If it is determined that the vehicle was unlawfully impounded, the owner of the vehicle shall not be liable for any charge imposed for the towing and storage of the vehicle. (2) The hearing officer’s ruling in no way has any bearing on the fine, penalty or charge imposed by the District Court of Baltimore City for the violations of any traffic law. *History: Ord. 69-343* *History: Ord. 80-150* *History: Ord. 85-388* *History: Ord. 86-769* *History: Ord. 86-793* *History: Ord. 89-307* *History: Ord. 90-516* *History: Ord. 15-435* *History: Ord. 18-195* *History: Text Conformed 02/28/21* ##### § 31-44 Notice and hearing – Exception. Balt., Md., Code art. 31, § 31-44 (2026) The Director of Transportation is not required to give notice or hold a hearing in the case of a vehicle that: (1) is more than 8 years old; and (2) has no engine or otherwise is totally inoperable. *History: Ord. 69-343* *History: Ord. 80-150* *History: Ord. 85-388* *History: Ord. 86-769* *History: Ord. 86-793* *History: Ord. 89-307* *History: Ord. 90-516* *History: Ord. 15-435* ##### § 31-45 Inability to find owner or secured party. Balt., Md., Code art. 31, § 31-45 (2026) (a) In researching ownership, the Director of Transportation is not required to go beyond the name and address of the person who is the legal or title owner of the vehicle, as noted in the records of the Motor Vehicle Administration of the State of Maryland, or similar agency in any other state or country. (b) In those instances where: (1) the identity of the last registered owner of an impounded vehicle cannot be determined from the records of the Maryland Motor Vehicle Administration or similar agency in any other state or country; (2) registration of the vehicle gives no address for the owner; (3) it is impossible to determine with reasonable certainty the identity and address of each secured party; or (4) the certified mail notice required by this Part 4 is returned as undeliverable, then the Director of Transportation shall give the required notice by publication in at least 1 newspaper of general circulation in the area where the vehicle was found. *History: Ord. 69-343* *History: Ord. 80-150* *History: Ord. 85-388* *History: Ord. 86-769* *History: Ord. 86-793* *History: Ord. 89-307* *History: Ord. 90-516* *History: Ord. 15-435* ##### § 31-46 Reclaim by owner. Balt., Md., Code art. 31, § 31-46 (2026) (a) If an owner appears to claim the owner’s vehicle, then it shall be returned to the owner or the owner’s authorized representative upon payment of all charges which have accrued thereon by virtue of its towing and storage, including collateral equivalent to the maximum fine for illegal parking where the vehicle was impounded. (b) If a vehicle is claimed by the owner or the owner’s authorized representative upon payment of all charges accrued, the payment will not affect the owner’s right to a hearing prescribed above or be taken as an admission of whether or not the towing of the vehicle was authorized under the Baltimore City Code. (c) An owner or the owner’s authorized representative whose vehicle has been impounded as abandoned and who claims the vehicle within 48 hours after the vehicle has been removed to the auto pound: (1) must be notified in writing that the owner has a right to contest the validity of the taking before a hearing officer; and (2) must make application within 10 days thereafter of the intention to contest the validity of the taking to the hearing officer. *History: Ord. 69-343* *History: Ord. 80-150* *History: Ord. 85-388* *History: Ord. 86-769* *History: Ord. 86-793* *History: Ord. 89-307* *History: Ord. 90-516* ##### § 31-47 Storage charges. Balt., Md., Code art. 31, § 31-47 (2026) (a) (1) Except as provided in subsection (b) of this section for commercial vehicles, the storage charge for each vehicle delivered to the storage area is as follows: (i) for the 1st 48 hours or any shorter period, $50; and (ii) for each 24-hour period or part of a 24-hour period after the 1st 48 hours, $15. (b) (1) The storage charges for a commercial vehicle, as defined in the Maryland Vehicle Law, are as set by the Director of Transportation from time to time. (2) A schedule of the charges set under this subsection must be filed with the Department of Legislative Reference before they take effect. (c) The charges imposed by this section are in addition to any other fine, penalty, or charge imposed for violation of any traffic law. *History: Ord. 69-343* *History: Ord. 80-150* *History: Ord. 85-388* *History: Ord. 86-769* *History: Ord. 86-793* *History: Ord. 89-307* *History: Ord. 90-516* *History: Ord. 01-190* *History: Ord. 15-435* ##### § 31-48 Subsequent acquittal on traffic charge. Balt., Md., Code art. 31, § 31-48 (2026) (a) If following trial in the District Court of Baltimore City or other tribunal, the owner or operator of any vehicle so removed is found not guilty upon a traffic charge, even though the hearing officer ruled otherwise with respect to the towing of an abandoned vehicle, the sums advanced or posted by the vehicle’s owner or operator shall be returned to the owner or to the person who advanced or posted them. (b) When a vehicle is thus reclaimed its owner or operator shall sign a receipt therefor. *History: Ord. 69-343* *History: Ord. 80-150* *History: Ord. 85-388* *History: Ord. 86-769* *History: Ord. 86-793* *History: Ord. 89-307* *History: Ord. 90-516* ##### § 31-49 Claim for missing property. Balt., Md., Code art. 31, § 31-49 (2026) In cases where the owner asserts that certain accessories, contents, or other items of personal property are missing when the owner reclaims said vehicle: (1) such claim shall be noted on the aforesaid receipt; (2) the matter of the missing property left open for future determination; and (3) the vehicle, together with its contents, duly released to its owner or operator. *History: Ord. 69-343* *History: Ord. 80-150* *History: Ord. 85-388* *History: Ord. 86-769* *History: Ord. 86-793* *History: Ord. 89-307* *History: Ord. 90-516* ##### § 31-50 Unclaimed vehicle. Balt., Md., Code art. 31, § 31-50 (2026) In case the owner or operator does not claim the vehicle within the required time limit: (1) the Director of Transportation shall proceed to sell or dispose of the vehicle at public auction, as provided in Part 5 of this subtle; and (2) no vehicle held at the auto pound may be released without the written approval of the Director, whose approval however, may not be unreasonably withheld. *History: Ord. 69-343* *History: Ord. 80-150* *History: Ord. 85-388* *History: Ord. 86-769* *History: Ord. 86-793* *History: Ord. 89-307* *History: Ord. 90-516* *History: Ord. 15-435* ##### §§ 31-51 to 31-55 Balt., Md., Code art. 31, § 31-51 to 31-55 (2026) Reserved #### Part 5 – Sale of Unclaimed Vehicles ##### § 31-56 In general. Balt., Md., Code art. 31, § 31-56 (2026) (a) It is declared to be the intent of this Part 5 that all motor vehicles brought to the auto pound shall be disposed of as promptly as possible and within a period of 45 days, unless such vehicles are needed for pending litigation or police action such as the investigation of accidents or suspected violations of the law. (b) If such vehicles are held beyond the aforesaid 45-day period they may be held only: (1) under Court order, in the case of pending litigation; or (2) upon written request from the Commissioner, in other cases. *History: Ord. 69-343* *History: Ord. 69-560* *History: Ord. 87-1047* ##### § 31-57 Auction sales – In general. Balt., Md., Code art. 31, § 31-57 (2026) (a) The Director of Transportation shall arrange for a certain number of auction sales each year, which may not be less than 1 sale per month. (b) The sales shall be conducted through regularly licensed auctioneers of the City of Baltimore, selected by the Department of Finance in accordance with the provisions of the City Charter governing retention of services, and under the rules, regulations, and procedures that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Transportation adopts. (c) (1) In advance of the periodic sales, the Director of Transportation shall prepare a list of motor vehicles proposed to be sold at auction. (2) The lists shall be sent to the Police Commissioner for the Commissioner’s approval, on forms prepared for the Director, and no motor vehicle may be sold unless the sale has been approved by the Commissioner. (3) The Commissioner may not withhold approval of the sale unless the motor vehicle is involved in a police matter. In that event, where practicable, the Commissioner shall take photographs of the vehicle or its parts and preserve written descriptions of it, so that the vehicle itself may be put up for sale and disposed of as soon as possible after the 45-day period. (d) (1) All auction sales shall be under the supervision of the Department of Finance and advertised in 1 or more newspapers of general circulation throughout the Baltimore Metropolitan Area. (2) Except as provided in § 31-58 of this subtitle, the Department may notify scrap metal processors, used car dealers, and spare parts dealers so as to endeavor to have a number of competitive bidders at each sale, it being the intent that every vehicle listed for sale at a given time shall be disposed of and removed from the auto pound, so as to prevent the storage area from becoming overcrowded. *History: Ord. 69-343* *History: Ord. 69-560* *History: Ord. 87-1047* *History: Ord. 97-212* *History: Ord. 01-243* *History: Ord. 15-435* *History: Text Conformed 02/28/21* ##### § 31-58 Auction sales – Dirt bikes, unregistered motorcycles, etc. Balt., Md., Code art. 31, § 31-58 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Abandoned vehicle” has the meaning stated in § 25-201(b) of the State Transportation Article. (3) “Dirt bike” has the meaning stated in Article 19, § 40-1 of the City Code. (4) “Unregistered motorcycle or similar vehicle” has the meaning stated in Article 19, § 40-1 of the City Code. (b) Bidders for dirt bikes or for unregistered motorcycles or similar vehicles, other than abandoned vehicles, must be licensed, bonded motorcycle dealers, licensed automotive dismantlers and recyclers, or licensed scrap metal dealers. (c) (1) The purpose of this subsection is to ensure that dirt bikes and unregistered motorcycles or similar vehicles that have been forfeited under City Code Article 19, Subtitle 40, can be put to good use without being returned to the streets of the City. (2) Forfeited dirt bikes and unregistered motorcycles or similar vehicles may be transferred to 1 or more charitable organizations for export abroad to provide relief to impoverished areas with critical transportation needs. (3) The procedures used for transfers under this subsection must: (i) accord with the City Charter provisions that govern the disposition of surplus property; (ii) ensure that all interested charitable organizations have an opportunity submit proposals for the vehicles; (iii) ensure that the selected organization has the ability to take control of the vehicles and export them; and (iv) require the selected organization to enter into a written agreement with the City that delineates the parties’ respective responsibilities. *History: Ord. 69-343* *History: Ord. 69-560* *History: Ord. 87-1047* *History: Ord. 97-212* *History: Ord. 01-243* *History: Ord. 01-285* *History: Ord. 10-389* ##### § 31-59 Disposition of funds. Balt., Md., Code art. 31, § 31-59 (2026) (a) Funds received pursuant to the sales shall be accounted for and remitted to the Mayor and City Council of Baltimore. (b) However if the owner or person entitled to possession presents to the Director of Transportation, within 90 days of the date of the sale, a claim for any excess in the amount of the selling price of a vehicle, part of a vehicle, or the contents of a vehicle, over and above the expenses, the Director, on finding that an excess of $25 or more exists, shall recommend to the Board of Estimates that the excess be returned to the owner or other person. (c) Expenses above referred to shall include but not be limited to: (1) towing; (2) storage; (3) unpaid fines against the owner; and (4) payment of all liens on the vehicle of which the Director received actual notice, in the above order of priority. (d) Action of the Board of Estimates upon a recommendation shall be final and not subject to appeal. *History: Ord. 69-343* *History: Ord. 69-560* *History: Ord. 87-1047* *History: Ord. 15-435* ##### § 31-60 Purchaser to obtain new title. Balt., Md., Code art. 31, § 31-60 (2026) On the sale of a motor vehicle, the Director of Transportation shall forward to the Motor Vehicle Administration a certificate that the motor vehicle has been sold at public auction, with a request that the certificate be considered sufficient evidence to enable the purchaser to obtain a new certificate of title and registration. *History: Ord. 69-343* *History: Ord. 15-435* ##### §§ 31-61 to 31-65 Balt., Md., Code art. 31, § 31-61 to 31-65 (2026) Reserved #### Part 6 – When Charges Not Imposed ##### § 31-66 Vehicles reported stolen. Balt., Md., Code art. 31, § 31-66 (2026) (a) This section applies to any vehicle that: (1) was reported stolen; and (2) is found in and towed from: (i) an impounding area; (ii) a location where it was obstructing or impeding pedestrian or vehicular traffic; or (iii) an area other than an impounding area, at a location where it was not obstructing or impeding pedestrian or vehicular traffic. (b) No charge may be imposed for storing the vehicle during: (1) the period ending 48 hours after notification by the Towing Division; and (2) any longer period that, for good cause shown, the Chief approves. (c) (1) The Chief of the Towing Division shall adopt standards for determining “good cause” under subsection (b)(2) of this section. (2) A copy of these standards shall be filed with the Department of Legislative Reference before they become effective. *History: Ord. 73-430* *History: Ord. 02-404* *History: Ord. 15-435* ##### § 31-67 Impound for police investigation. Balt., Md., Code art. 31, § 31-67 (2026) (a) Where the Police Department has caused a vehicle to be impounded for investigative purposes, no storage charges shall be collected. (b) Upon receiving an order from the Police Department, the Towing Division shall release the vehicle to the owner, his or her next of kin, or his or her authorized representative. *History: Ord. 73-430* *History: Ord. 15-435* ##### § 31-68 No violations under subtitle. Balt., Md., Code art. 31, § 31-68 (2026) (a) If a vehicle is impounded and neither the owner nor operator of the vehicle is charged with a violation that falls within the scope of this subtitle, no charge may be imposed for towing or storage if, after every reasonable attempt has been made to notify the owner or the owner’s next of kin that the vehicle has been delivered to the storage area, the vehicle is reclaimed within 48 hours or within any longer period that, for good cause shown, the Chief of the Towing Division approves. (b) Subsection (a) of this section does not apply to the impoundment of: (1) a stolen vehicle; (2) an abandoned vehicle; or (3) a vehicle involved in an accident, unless the vehicle was lawfully parked at the time of the accident. *History: Ord. 73-430* *History: 06-311* *History: Ord. 15-435* ##### §§ 31-69 to 31-70 Balt., Md., Code art. 31, § 31-69 to 31-70 (2026) Reserved #### Part 7 – Impounding Areas ##### § 31-71 “A” streets and areas. Balt., Md., Code art. 31, § 31-71 (2026) (1) Aliceanna Street, both sides, from President Street to Central Avenue. (2) Arlington Avenue, both sides, from Mulberry Street to Franklin Street. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 70-819* *History: Ord. 77-524* *History: Ord. 87-960* ##### § 31-72 “B” streets and areas. Balt., Md., Code art. 31, § 31-72 (2026) (1) Baltimore Street, southerly side, from Fremont Avenue to Broadway. (2) Baltimore Street, northerly side, from Greene Street to Fallsway. (3) Bayard Street, north side, from Warner Street to Russell Street. (4) Belair Road, both sides, from North Avenue to Sinclair Lane. (5) Broening Highway, both sides, from Cardiff Avenue to Colgate Creek Bridge. (6) Broadway Market, rear parking lot north of Aliceanna Street adjacent to the trash compactor. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 78-879* *History: Ord. 83-872* *History: Ord. 85-411* *History: Ord. 86-827* *History: Ord. 89-403* *History: Ord. 90-488* *History: Ord. 93-190* ##### § 31-73 “C” streets and areas. Balt., Md., Code art. 31, § 31-73 (2026) (1) Calvert Street, both sides, from York Street to Chancery Road. (2) Camden Street, both sides, from Sharp Street to Paca Street. (3) Camden Yards Stadium Complex Area, Residential Permit Parking Program Areas. The Camden Yards Stadium Complex Area is that area described in § 10-37 of this article and, for impounding purposes, includes only those Residential Permit Parking Program Areas established under that section. (4) Cathedral Street, westerly side, from Mt. Royal Avenue to Chase Street. (5) Cathedral Street, easterly side, from Biddle Street to Mt. Royal Avenue. (6) Cathedral Street, both sides, from Chase Street to Saratoga Street. (7) Centre Street, both sides, from Eutaw Street to Fallsway. (8) Charlcote Road, both sides, from Charles Street to St. Paul Street. (9) Charles Street, both sides, from Pratt Street to Fayette Street. (10) Charles Street, both sides, from Barre Street to Pratt Street. (11) Charles Street, east side, from Fayette Street to 26th Street. (12) Charles Street, west side, from Fayette Street to North Avenue. (13) Charles Street, west side, from Wyndhurst Avenue to Coldspring Lane. (14) Charles Street, both sides, from 29th Street to Charlcote Road. (15) Cider Alley, both sides, from Eutaw Street to Paca Street. (16) Clay Street, both sides, from Howard Street to Park Avenue. (17) Commerce Street, easterly side, from Pratt Street to Baltimore Street. (18) Commerce Street, west side, from Pratt Street to Lombard Street. (19) Curran Drive, northeasterly side, alongside of Lake Montebello. (20) Curran Drive, southerly side, from 33rd Street Extended to road connection to Harford Road. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 76-163* *History: Ord. 78-879* *History: Ord. 79-1184* *History: Ord. 80-191* *History: Ord. 82-682* *History: Ord. 86-827* *History: Ord. 88-190* *History: Ord. 89-403* *History: Ord. 91-802* *History: Ord. 92-011* *History: Ord. 92-101* *History: Ord. 93-192* *History: Ord. 06-316* ##### § 31-74 “D” streets and areas. Balt., Md., Code art. 31, § 31-74 (2026) (1) Dolphin Street, both sides, from Madison Avenue to Eutaw Place. (2) Druid Hill Avenue, both sides, from Eutaw Street to Fulton Avenue. *History: Ord. 65-580* *History: Ord. 66-821* ##### § 31-75 “E” streets and areas. Balt., Md., Code art. 31, § 31-75 (2026) (1) Eager Street, southerly side, from Calvert Street to Guilford Avenue. (2) East Falls Avenue, both sides, from Pratt Street to Aliceanna Street. (3) Edmondson Avenue, both sides, from Hilton Street to the Baltimore National Pike. (4) Edmondson Avenue, both sides, from Franklin Street to Hilton Street. (5) Ellicott Street, both sides, from Water Street to Lombard Street. (6) Emory Street, west side, of the 200 block where parking meters are installed. (7) Eutaw Street, east side, from Madison Street to Biddle Street. (8) Eutaw Street, both sides, from Baltimore Street to Madison Street. (9) Eutaw Street, both sides, from Camden Street to Baltimore Street. (10) Eutaw Street, both sides, from Biddle Street to Dolphin Street. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 77-281* *History: Ord. 78-719* *History: Ord. 78-879* *History: Ord. 79-943* *History: Ord. 80-165* *History: Ord. 81-189* *History: Ord. 84-027* *History: Ord. 86-656* *History: Ord. 87-945* *History: Ord. 93-192* ##### § 31-76 “F” streets and areas. Balt., Md., Code art. 31, § 31-76 (2026) (1) West Fairmount Avenue, both sides, from Park Avenue to North Howard Street. (2) Fallsway, both sides, from Baltimore Street to Mt. Royal Avenue. (3) Fayette Street, southerly side, from Gay Street to Greene Street. (4) Fayette Street, northerly side, from Gay Street to Fulton Avenue. (5) Fayette Street, both sides, from Fallsway to Frederick Street. (6) Franklin Street, both sides, from St. Paul Street to Franklin Street Extended. (7) Franklin Street Extended, both sides, from Franklin Street to Edmondson Avenue. (8) Frederick Avenue, both sides, from Payson Street to Bentalou Street. (9) Frederick Street, east side, from Water Street to Baltimore Street. (10) Fulton Avenue, both sides, from Wilkens Avenue to Harlem Avenue. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 78-879* *History: Ord. 85-409* *History: Ord. 86-806* *History: Ord. 86-827* *History: Ord. 89-403* ##### § 31-77 “G” streets and areas. Balt., Md., Code art. 31, § 31-77 (2026) (1) Gay Street, both sides, from Pratt Street to Orleans Street. (2) Gay Street, westerly side from Saratoga Street to Fallsway. (3) Gay Street, both sides, from Broadway to North Avenue. (4) Gay Street, westerly side, from Ashland Avenue to North Avenue. (5) Greene Street, both sides, from Franklin Street to Washington Boulevard. (6) Greenmount Avenue, both sides, from North Avenue to Preston Street. (7) Greenway, easterly side, from St. Martins Road to University Parkway. (8) Greenway, westerly side, from Chancery Road to University Parkway. (9) Guilford Avenue, both sides, from North Avenue to Baltimore Street. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 76-196* *History: Ord. 77-282* *History: Ord. 78-879* *History: Ord. 86-827* ##### § 31-78 “H” streets and areas. Balt., Md., Code art. 31, § 31-78 (2026) (1) Hanover Street, both sides, from Pratt Street to Lombard Street. (2) Harbor City Boulevard, both sides, from Washington Boulevard to Howard Street. (3) Hillen Street, both sides, from Holliday Street to Ensor Street. (4) Hopkins Place (Southbound Drive), both sides, from Baltimore Street to Lombard Street. (5) Howard Street, both sides, from Pratt Street to 29th Street. *History: Ord. 65-580* *History: Ord.66- 821* *History: Ord. 78-879* *History: Ord. 79-993* *History: Ord. 83-877* *History: Ord. 86-827* *History: Ord. 89-403* ##### § 31-79 “I” streets and areas. Balt., Md., Code art. 31, § 31-79 (2026) (1) I-395, both sides, from Camden Street to Conway Street. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 86-600* ##### § 31-80 Balt., Md., Code art. 31, § 31-80 (2026) Reserved ##### § 31-81 “K” streets and areas. Balt., Md., Code art. 31, § 31-81 (2026) (1) Key Highway, south side, from Light to William and Battery Avenue to Covington Street, and north side, from Light Street to Covington Street. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 83-878* ##### § 31-82 “L” streets and areas. Balt., Md., Code art. 31, § 31-82 (2026) (1) Lafayette Avenue, both sides, from Guilford Avenue to Falls Road. (2) Lanvale Street, southerly side, from Maryland Avenue to St. Paul Street. (3) Lanvale Street, northerly side, from Maryland Avenue to Charles Street. (4) Lexington Street, both sides, from Gay Street to Pearl Street. (5) Lexington Street, south side, from Frederick Street to Gay Street. (6) Liberty Street, both sides, from Saratoga Street to Fayette Street. (7) Lombard Street, both sides, from Payson Street to Broadway. (8) Lombard Street, southerly side, from Broadway to Washington Street. (9) Lovegrove Street, both sides, from Mercer Street to Water Street. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 77-329* *History: Ord. 78-879* *History: Ord. 86-827* *History: Ord. 86-850* *History: Ord. 89-402* *History: Ord. 89-403* ##### § 31-83 “M” streets and areas. Balt., Md., Code art. 31, § 31-83 (2026) (1) McCulloh Street, both sides, from Eutaw Street to Cloverdale Road. (2) Madison Street, both sides, from Fallsway to Calvert Street. (3) Maryland Avenue, both sides, from Chase Street to 29th Street. (4) Monroe Street, both sides, from Edmondson Avenue to Wilkens Avenue. (5) Monument Street, north side, from Fallsway to Washington Street. (6) Mt. Royal Avenue, northerly side, from North Avenue to Guilford Avenue. (7) Mt. Royal Avenue, southerly side, from North Avenue to Maryland Avenue. (8) Mt. Vernon Place, both sides, between the east and west drives of Washington Place. (9) Mount Street, both sides, from Mulberry Street to Franklin Street. (10) Mulberry Street, both sides, from St. Paul Street to Warwick Avenue. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 77-275* *History: Ord. 77-598* *History: Ord. 78-718* *History: Ord. 78-879* *History: Ord. 83-895* *History: Ord. 85-477* ##### § 31-84 “N” streets and areas. Balt., Md., Code art. 31, § 31-84 (2026) (1) North Avenue, southerly side, from Charles Street to Guilford Avenue. *History: Ord. 65-580* *History: Ord. 66-821* ##### § 31-85 “O” streets and areas. Balt., Md., Code art. 31, § 31-85 (2026) (1) Orleans Street, both sides, from St. Paul Place to Pulaski Highway. *History: Ord. 65-580* *History: Ord. 66-821* ##### § 31-86 “P” streets and areas. Balt., Md., Code art. 31, § 31-86 (2026) (1) Paca Street, both sides, from Camden Street to McCulloh Street. (2) Park Avenue, both sides, from Baltimore Street to Mulberry Street. (3) Park Avenue, easterly side, from Chase Street to Biddle Street. (4) Pimlico Race Track Area, as described in § 10-33 of this article. (5) Pratt Street, north side, from Washington Street to Scott Street. (6) Pratt Street, south side, from Broadway to Martin Luther King Boulevard. (7) President Street, both sides, from Fayette Street to Aliceanna Street. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 78-879* *History: Ord. 79-994* *History: Ord. 81-539* *History: Ord. 84-044* *History: Ord. 86-827* *History: Ord. 87-1108* *History: Ord. 87-1109* *History: Ord. 88-016* *History: Ord. 89-403* *History: Ord. 11-498* ##### § 31-87 Balt., Md., Code art. 31, § 31-87 (2026) Reserved ##### § 31-88 “R” streets and areas. Balt., Md., Code art. 31, § 31-88 (2026) (1) Redwood Street, north side, from Charles Street to Light Street. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 79-1186* *History: Ord. 84-008* *History: Ord. 86-827* *History: Ord. 89-403* ##### § 31-89 “S” streets and areas. Balt., Md., Code art. 31, § 31-89 (2026) (1) St. Paul Place, both sides, from Centre Street to Lexington Street. (2) St. Paul Place, alley, rear of 227 St. Paul Place. (3) St. Paul Street, east side, from the bridge south of Lanvale Street to Baltimore Street. (4) St. Paul Street, west side, from 31st Street to Baltimore Street. (5) Saratoga Street, both sides, from Holliday Street to Greene Street. (6) Sharp Street, both sides, from Saratoga Street to Clay Street. (7) South Street, both sides, from Baltimore Street to Pratt Street. (8) Stadium Area. That area in the general vicinity of Memorial Stadium on East 33rd Street, included within the outer limits of East 25th Street, Harford Road, Hillen Road, Argonne Drive, East 39th Street and Greenmount Avenue; except that this subtitle shall be effective in this area only as to any motor vehicle parked illegally in front of a driveway or garage. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 78-879* *History: Ord. 78-917* *History: Ord. 83-873* *History: Ord. 88-012* *History: Ord. 89-403* *History: Ord. 92-055* *History: Ord. 92-110* ##### § 31-90 “T” streets and areas. Balt., Md., Code art. 31, § 31-90 (2026) (1) 33rd Street, both sides, from St. Paul Street to Ellerslie Avenue. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 78-879* ##### §§ 31-91 to 31-92 Balt., Md., Code art. 31, § 31-91 to 31-92 (2026) Reserved ##### § 31-93 “W” streets and areas. Balt., Md., Code art. 31, § 31-93 (2026) (1) Water Street, both sides, from Charles Street to Lovegrove Street. (2) Whitman Drive, southeasterly side, alongside of Lake Montebello. (3) Wilkes Lane, both sides, from Calvert Street to its western terminus. (4) Wilkes Lane, both sides, from Charles Street to Hanover Street. *History: Ord. 65-580* *History: Ord. 66-821* *History: Ord. 76-163* *History: Ord. 77-329* *History: Ord. 83-906* *History: Ord. 86-595* *History: Ord. 86-655* *History: Ord. 86-843* ##### §§ 31-94 to 31-100 Balt., Md., Code art. 31, § 31-94 to 31-100 (2026) Reserved ##### § 31-101 Mid-block pedestrian crossings. Balt., Md., Code art. 31, § 31-101 (2026) No vehicle shall be permitted to stop or stand at any time within 50 feet of an approach to a mid-block pedestrian crossing or within a distance of 25 feet after leaving a mid-block crossing. *History: Ord. 77-273* ##### § 31-102 Fire houses; emergency vehicle parking area. Balt., Md., Code art. 31, § 31-102 (2026) In front of or opposite any fire engine house and in any reservation for authorized emergency vehicles in spaces marked off and designated by the Director of Transportation. *History: Ord. 61-911* *History: Ord. 76-005* *History: Ord. 15-435* ##### § 31-103 Carpool parking. Balt., Md., Code art. 31, § 31-103 (2026) Those locations on public metered parking lots set aside for carpool cars by the Director of Transportation. *History: Ord. 75-871* *History: Ord. 15-435* ##### § 31-104 Fire lanes. Balt., Md., Code art. 31, § 31-104 (2026) Within any designated fire lane on either public or private property open to the use of the general public. *History: Ord. 77-306* ##### § 31-105 Spaces reserved for disabled and helpers. Balt., Md., Code art. 31, § 31-105 (2026) Within any space or zone marked as restricted, pursuant to § 6-9 or §§ 9-1 through 9-15 of this article, to the use of disabled persons or helpers of disabled persons on private or City-owned property open to the use of the general public, except for vehicles with special registration plates for disabled persons. *History: Ord. 78-856* *History: Ord. 96-023* ##### § 31-106 Driveways, service drives, private ways. Balt., Md., Code art. 31, § 31-106 (2026) (a) Within any zone marked as tow away, pursuant to § 6-12 of this article, so as to obstruct or impede egress or ingress to or from a driveway, service drive, or private way. (b) Violation of this section occurs whether or not a vehicle has actually been prevented from entering or leaving the driveway, service drive, or private way. *History: Ord. 81-425* *History: Ord. 07-504* ##### § 31-107 Car-sharing spaces. Balt., Md., Code art. 31, § 31-107 (2026) (a) “Car-sharing program” means a program by which an entity offers the use of motor vehicles to its members and patrons on a 24-hours-a-day, 7-days-a-week basis, charging for the use of these vehicles on a time-used basis. (b) Impounding areas include those locations on the streets, on public-metered parking lots, and in City-owned parking facilities that the Director of Transportation reserves for parking vehicles used in a car-sharing program approved by the Director. *History: Ord. 07-607* ##### § 31-108 Passenger, freight, valet parking, and mobile vending zones. Balt., Md., Code art. 31, § 31-108 (2026) Within a passenger loading zone, freight loading zone, valet parking zone, or mobile vending zone during its operational hours. *History: Ord. 13-098* *History: Ord. 14-237* ##### § 31-109 Bus lanes and bus stops. Balt., Md., Code art. 31, § 31-109 (2026) Within any bus lane or bus stop designated by the Director pursuant to § 23-3 {“Designation of lanes and stops”} of this article. *History: Ord. 17-038* ##### § 31-110 Bike lanes. Balt., Md., Code art. 31, § 31-110 (2026) Within any bike lane designated by the Director pursuant to § 20-3 {“Designation of bike lanes”} of this article. *History: Ord. 17-041* #### Part 8 – Severability ### Subtitle 32 ### Subtitle 33 – Speed Monitoring or Control Systems #### § 33-1 Definitions. Balt., Md., Code art. 31, § 33-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Enabling Law” means: (1) for school zone speed monitoring systems, State Code Transportation Article § 21-809; and (2) for work zone speed control systems, State Code Transportation Article § 21-810. (c) “Speed monitoring or control system” means, except as otherwise specified, either or both: (1) a school zone speed monitoring system established under State Code Transportation Article § 21-809; and (2) a work zone speed control system established under State Code Transportation Article § 21-810. *History: Ord. 09-207* *History: Ord. 16-525* #### § 33-2 Systems authorized. Balt., Md., Code art. 31, § 33-2 (2026) The use and enforcement of speed monitoring or control systems in Baltimore City is authorized. *History: Ord. 09-207* *History: Ord. 16-525* #### § 33-3 Governing standards, etc. Balt., Md., Code art. 31, § 33-3 (2026) Neither a school zone speed monitoring system nor a work zone speed control system may be used except in accordance with and subject to the standards, procedures, requirements, limitations, and other provisions of: (1) the State Enabling Law applicable to that system; and (2) this subtitle and the rules and regulations adopted under this subtitle. *History: Ord. 09-207* *History: Ord. 16-525* #### § 33-4 Enforcement. Balt., Md., Code art. 31, § 33-4 (2026) (a) A violation recorded by a speed monitoring or control system may be enforced as provided in the State Enabling Law for that system. (b) (1) This subsection applies only to school zone speed monitoring systems established under State Code Transportation Article § 21-809. (2) If a school zone speed monitoring system is moved to or placed at a location where a school zone speed monitoring system had not previously been moved to or placed at, a citation for a violation recorded by that system may not be issued: (i) until signage is installed in accordance with the State Enabling Law; and (ii) for at least the first 15 calendar days after the signage is installed. *History: Ord. 09-207* *History: Ord. 16-525* #### § 33-5 Rules and regulations. Balt., Md., Code art. 31, § 33-5 (2026) (a) The Department of Transportation and the Police Department may jointly develop and adopt rules and regulations to govern the implementation and use of speed monitoring or control systems. (b) These rules and regulations may, among other things, establish procedures and standards for: (1) the procurement of system devices; (2) the employment or procurement of system operators; (3) the placement and operation of system devices. (c) All rules and regulations adopted under this section must be compliant with the applicable State Enabling Law. (d) A copy of all rules and regulations adopted under this subtitle must be filed with the Department of Legislative Reference before they take effect. *History: Ord. 09-207* *History: Ord. 16-525* ### Subtitle 34 – Commercial Vehicle Monitoring System #### § 34-1 Definitions. Balt., Md., Code art. 31, § 34-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Commercial vehicle monitoring system” means a monitoring system authorized by the Enabling Law to enforce local restrictions on the presence of certain vehicles in certain places during certain times. (c) “Enabling Law” means State Transportation Article § 24-111.3. *History: Ord. 13-158* #### § 34-2 Use of system authorized. Balt., Md., Code art. 31, § 34-2 (2026) The use of a commercial vehicle monitoring system is authorized in Baltimore City to enforce restrictions on the presence of certain vehicles in certain places during certain times. *History: Ord. 13-158* #### § 34-3 Governing standards, etc. Balt., Md., Code art. 31, § 34-3 (2026) (a) A commercial vehicle monitoring system may not be used except in accordance with and subject to the prerequisites, standards, procedures, requirements, limitations, and other provisions of: (1) the State Enabling Law; and (2) this subtitle and the rules and regulations adopted under this subtitle. (b) No more than 16 cameras may be operational at any one time. *History: Ord. 13-158* *History: Ord. 22-179* #### § 34-4 Enforcement. Balt., Md., Code art. 31, § 34-4 (2026) A violation recorded by a commercial vehicle monitoring system is enforceable as provided in the State Enabling Law. *History: Ord. 13-158* #### § 34-5 Fine proceeds. Balt., Md., Code art. 31, § 34-5 (2026) The fines that the City collects through a commercial vehicle monitoring system may be expended by the City only for the purposes specified in the State Enabling Law. *History: Ord. 13-158* #### § 34-6 Rules and regulations. Balt., Md., Code art. 31, § 34-6 (2026) (a) The Department of Transportation and the Police Department may jointly develop and adopt rules and regulations to govern the implementation and use of a commercial vehicle monitoring system. (b) These rules and regulations may, among other things, establish procedures and standards for: (1) the procurement of system devices; (2) the employment or procurement of system operators; and (3) the placement and operation of system devices. (c) All rules and regulations adopted under this subtitle must be compliant with the State Enabling Law. (d) (1) All rules and regulations proposed under this subtitle must be published for public comment on the website of the Department of Transportation for at least 30 days. (2) After this comment period, the Department of Transportation and the Police Department may modify the proposed rules and regulations and adopt final rules and regulations. (e) A copy of all rules and regulations adopted under this subtitle must be filed with the Department of Legislative Reference before they take effect. *History: Ord. 13-158* ### Subtitle 35 ### Subtitle 36 – Parking, etc., Fines, Penalties, and Procedures #### § 36-1 In general. Balt., Md., Code art. 31, § 36-1 (2026) In addition to the costs stipulated in the Maryland Code, the following fines are imposed for violation of the offenses indicated. *History: Ord. 74-768* *History: Ord. 79-1192* *History: Ord. 03-550* #### § 36-2 $500 fines. Balt., Md., Code art. 31, § 36-2 (2026) (1) Parking or standing a vehicle classified by the Federal Highway Administration as Class 6 or higher, in violation of § 6-26(a) {“Stopping by residence”} of this article or of § 6-26(b) {“Nighttime hours”} of this article, is punishable by a fine of $500. (2) Stopping or parking in a space reserved for disabled persons or helpers under § 6-9 {“Disabled persons”} or Subtitle 9 {“Disabled Persons and Helpers”} of this article is punishable by a fine of $500. (3) Parking, stopping, or standing in violation of § 6-18 {“[U]nlawful dumping”} or § 6-19 {“[Waste hauler] without license displayed”} of this article is punishable by a fine of $500. (4) Parking or standing a vendor truck in violation of § 6-28 {“Vendor trucks”} of this article is punishable by a fine of $500. *History: Ord. 74-768* *History: Ord. 79-1192* *History: Ord. 85-390* *History: Ord. 88-136* *History: Ord. 92-122* *History: Ord. 94-319* *History: Ord. 97-163* *History: Ord. 03-550* *History: cf. Ord. 03-591* *History: Ord. 10-302* *History: Ord. 13-092* *History: Ord. 14-237* *History: Ord. 14-307* *History: * #### § 36-3 $300 fines. Balt., Md., Code art. 31, § 36-3 (2026) (1) Abandoning a vehicle in violation of § 31-8 {“Abandoned vehicles”}of this article is punishable by a fine of $300. (2) Parking an unidentifiable vehicle in violation of § 31-12 {“Unidentifiable vehicles”}of this article is punishable by a fine of $300. *History: Ord. 74-768* *History: Ord. 79-1192* *History: Ord. 83-1000* *History: Ord. 03-550* *History: Ord. 10-302* *History: Ord. 18-195* #### § 36-4 $250 fines. Balt., Md., Code art. 31, § 36-4 (2026) (1) Parking or standing a vehicle other than a vehicle included in the provisions of § 36-2(1) of this article, in violation of § 6-26(a) {“Stopping by residence”} of this article or of § 6-26(b) {“Nighttime hours”} of this article, is punishable by a fine of $250. (2) Obstructing or impeding the free flow of traffic by a commercial vehicle is punishable by a fine of $250. (3) Parking, stopping, or standing in a manner that obstructs or impedes the free flow of vehicular or pedestrian traffic along a block face abutting or immediately across the street from the grounds of a building used as a public or private kindergarten, elementary school, or secondary school, on any school day between the hours of 7 a.m and 9 a.m. or between the hours of 2 p.m. and 5 p.m., is punishable by a fine of $250. (4) Parking or standing a camping trailer, mobile home, motor home, or travel trailer in violation of § 6-29(b) {“Camping trailers, mobile homes, motor homes and travel trailers: Stopping by residence”} of this article is punishable by a fine of $250. (5) Parking or standing in a bus lane or a bus stop in violation of § 23-5 {“Parking restrictions”} of this article is punishable by a fine of $250. (6) Parking or standing in a bike lane in violation of § 20-5 {“Parking restrictions”} of this article is punishable by a fine of $250. *History: Ord. 74-768* *History: Ord. 79-1192* *History: Ord. 88-136* *History: Ord. 89-305* *History: Ord. 92-011* *History: Ord. 94-319* *History: Ord. 03-550* *History: cf. Ord. 03-591* *History: Ord. 06-316* *History: Ord. 08-063* *History: Ord. 10-302* *History: Ord. 10-403* *History: Ord. 15-341* *History: Ord. 16-508* *History: Ord. 17-038* *History: Ord. 17-041* *History: Ord. 18-159* *History: * #### § 36-4.1 $125 fines. Balt., Md., Code art. 31, § 36-4.1 (2026) Obstructing or impeding the free flow of traffic within an intersection or a marked crosswalk is punishable by a fine of $125. *History: Ord. 18-159* #### § 36-5 $100 fines. Balt., Md., Code art. 31, § 36-5 (2026) (1) Parking, stopping, or standing in violation of posted restrictions for the Pimlico Race Track Area is punishable by a fine of $100. (2) Parking, stopping, or standing in violation of posted restrictions in any Residential Permit Parking Program Area within the Camden Yards Stadium Complex Area, at any time between 1 hour before the advertised start of a stadium event and 1 hour after the event ends, is punishable by a fine of $100. (3) (i) Parking, stopping, or standing in a manner that obstructs or impedes the free flow of vehicular or pedestrian traffic is punishable by a fine of $100, subject to the requirements of subparagraph (ii) of this paragraph (3). (ii) (A) Except as provided in sub-subparagraph (B) of this subparagraph (ii), the Transportation Department may not issue a citation for this offense unless: 1. it first issues a written warning, ordering the obstruction or impediment to be removed within 15 minutes of the warning; and 2. the obstruction or impediment is not removed within the specified time. (B) This subparagraph (ii) does not apply, and a citation may be issued without a prior warning, on a street marked as a snow emergency route at any time between the hours of 7 a.m and 9:30 a.m. or between the hours of 4 p.m. and 6 p.m. (iii) This paragraph (3) does not apply to an obstruction or impediment: (A) by a commercial vehicle, as provided in § 36-4(2) of this subtitle; (B) along a block face abutting or across from the grounds of a school, as provided in § 36-4(3) of this subtitle; or (C) within an intersection or a marked crosswalk, as provided in § 36-4.1 of this subtitle. *History: Ord. 74-768* *History: Ord. 79-1192* *History: Ord. 89-305* *History: Ord. 92-011* *History: Ord. 03-550* *History: Ord. 06-316* *History: Ord. 08-063* *History: Ord. 10-302* *History: Ord. 10-403* *History: Ord. 15-341* *History: Ord. 18-159* #### § 36-6 $75 fines. Balt., Md., Code art. 31, § 36-6 (2026) (1) Parking on a Snow Emergency Route in violation of § 6-15 {“Snow emergency routes”} of this article is punishable by a fine of $75. (2) Obstructing or impeding the movement of pedestrians is punishable by a fine of $75. (3) Standing within 15 feet of a fire plug or fire hydrant in violation of § 6-6(a) {“Fire hydrants”} of this article is punishable by a fine of $75. (4) Stopping in front of or opposite a fire engine house in violation of § 6-6(c) {“Engine houses”} of this article is punishable by a fine of $75. (5) Stopping or parking in a transit stop is punishable by a fine of $75. *History: Ord. 03-550* *History: cf. Ord. 03-591* *History: Ord. 10-302* *History: Ord. 10-389* *History: Ord. 17-041* *History: * #### § 36-7 $50 fines. Balt., Md., Code art. 31, § 36-7 (2026) (1) Parking, stopping, or standing where parking, stopping, or standing is prohibited and impounding is authorized is punishable by a fine of $50. (2) A parking meter violation on an impounding street during the hours that a vehicle may be impounded is punishable by a fine of $50. *History: Ord. 74-768* *History: Ord. 79-1192* *History: Ord. 84-023* *History: Ord. 92-105* *History: Ord. 03-550* *History: Ord. 06-316* *History: Ord. 10-302* *History: Ord. 13-092* #### § 36-8 $30 fines. Balt., Md., Code art. 31, § 36-8 (2026) (1) Parking or standing at the entrance of a public parking lot or garage in violation of § 6-8 {“Entrances to ... lots or garages”} of this article is punishable by a fine of $30. (2) Obstructing a driveway in violation of § 6-12 {“Private driveways”} of this article is punishable by a fine of $30. (3) A parking meter violation during the hours that parking at the meter is permitted is punishable by a fine of $30. (4) Any parking, standing, or stopping violation of this article not otherwise provided for in this subtitle is punishable by a fine of $30. *History: Ord. 74-768* *History: Ord. 79-1192* *History: Ord. 89-305* *History: Ord. 92-105* *History: Ord. 03-550* *History: Ord. 10-302* #### § 36-9 Residential Permit Parking violations – Progressive fines. Balt., Md., Code art. 31, § 36-9 (2026) Except as otherwise provided in this subtitle for the Pimlico Race Track Area or the Camden Yards Stadium Complex Area, parking in violation of posted permit parking restrictions in a Residential Permit Parking Program Area is punishable by the following fines: (1) 1st violation – $50. (2) 2nd violation within a 12-month period – $70. (3) 3rd violation within a 12-month period – $100. (4) 4th and any subsequent violation within a 12-month period – $150. *History: Ord. 13-092* #### §§ 36-10 to 36-20 Balt., Md., Code art. 31, § 36-10 to 36-20 (2026) Reserved #### § 36-21 Collection of fines. Balt., Md., Code art. 31, § 36-21 (2026) (a) All fines imposed by this subtitle shall be payable to the Director of Finance, who shall control the issuance of prenumbered citation forms to the Police Department and record the final disposition of each citation. (b) Upon receipt of notification that the recipient of a citation intends to stand trial for said offense, the Director of Finance shall forward to the District Court a copy of the citation and a copy of the notice from the person who received the citation indicating his intention to stand trial. *History: Ord. 74-768* #### § 36-22 Imposition of penalties. Balt., Md., Code art. 31, § 36-22 (2026) (a) If a person fails to pay the appropriate fine for a violation by the date specified in the citation and fails to file a notice of intention to stand trial for the offense, a formal notice of the violation shall be sent to the owner’s last known address. (b) (1) If, within 15 days from the date of the notice, the citation has not been satisfied, the person who received the citation is liable for a penalty equal to the lesser of: (i) $16 for each month or part of a month the citation remains unsatisfied; and (ii) 10 times the amount of the fine imposed for the violation for which the citation was issued. (2) If the person who received the citation agrees to a payment schedule acceptable to the Director of Finance or, if the matter has been referred to a collection agency, acceptable to that agency, the monthly penalty imposed under paragraph (1) of this subsection does not accrue while the person is making timely payments in accord with the agreed-to schedule. (3) If the City has requested the State Motor Vehicle Administration to refuse registration or transfer of registration of the subject vehicle until the charge has been satisfied, a further penalty of $25 is imposed. (4) These penalties are in addition to and may be collected in the same manner as the fines imposed by this subtitle. *History: Ord. 74-768* *History: Ord. 90-520* *History: Ord. 99-400* *History: Ord. 03-596* *History: Ord. 04-672* *History: Ord. 06-358* *History: Ord. 10-302* #### § 36-23 Amnesties. Balt., Md., Code art. 31, § 36-23 (2026) (a) Except as otherwise provide in this section, the Director of Finance, with the approval of the Board of Estimates, may periodically offer amnesty from the payment of penalties that have accumulated on fines for parking, stopping, or standing violations. (b) (1) Within 60 days of the enactment of this section, the Director of Finance shall offer a 2-day amnesty period during which outstanding fines for parking, stopping, and standing violations may be paid without liability for any penalties that have accumulated on those fines. (2) At the end of that 2-day amnesty period, no further amnesties may be offered for 10 years. (c) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of Finance may adopt rules and regulations to carry out this section. *History: Ord. 03-596* *History: Text Conformed 02/28/21* #### § 36-24 Powers of Director of Finance. Balt., Md., Code art. 31, § 36-24 (2026) (a) In addition to the powers granted to the Director of Finance in connection with the collection of the fines and penalties imposed by this subtitle, the Director may: (1) subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, adopt rules and regulations as the Director considers necessary or proper: (i) to fully collect the fines and penalties imposed by this subtitle; and (ii) to define any terms used in connection with the collection of those fines and penalties; (2) waive all fines, penalties, charges, and costs where there has been a material error in the preparation of the citation; (3) delegate any of his or her powers, duties, or functions in connection with the collection of the fines, penalties, charges, and costs imposed by this subtitle and the enforcement of the provisions relating to them to any other agent, representative, or employee of the Director or the City; (4) refund the amount of any charge paid in error, within 3 years from the date of the erroneous payment; and (5) refund or waive collateral, towing charges, and storage costs that, in the Director’s opinion and in accordance with the Director’s regulations, have been improperly assessed. (b) Any action taken under subsection (a)(4) or (5) of this section must be documented in a monthly report prepared by the Director and submitted to the City Auditor for review. *History: Ord. 74-768* *History: Ord. 92-098* *History: Ord. 99-414* *History: Ord. 03-596* *History: Text Conformed 02/28/21* ### Subtitle 37 – General Penalties for Violations #### § 37-1 General fine. Balt., Md., Code art. 31, § 37-1 (2026) Any person violating any provision or regulation of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined a sum not exceeding $100 for each and every offense, except where another penalty is specified. *History: Ord. 08-139* *History: Ord. 74-768* ### Subtitle 38 – Dockless Vehicles #### Part 1 – Definitions; General Provisions ##### § 38-1 Definitions. Balt., Md., Code art. 31, § 38-1 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Dockless vehicle” means a bicycle, e-bike, e-scooter, or any other vehicle type approved by the Director and not otherwise defined in this subtitle that does not require the construction of a special docking location for its use. (c) “Dockless vehicle for hire” means a dockless vehicle available for short-term rental by a provider for the purpose of providing individual transportation on a public right-of-way. (d) (1) “E-bike” means a device designed and equipped with: (i) an electric motor for self-propulsion; (ii) 2 tandem wheels, either of which is more than 20 inches in diameter; and (iii) a locking device to either lock itself or lock to existing structures. (2) “E-bike” does not include: (i) a motorcycle; (ii) a motor vehicle; (iii) a public transportation vehicle; (iv) a dirt bike as defined in Article 19, § 40-1(c) {“Definitions – Dirt bike”}; or (v) a minibike as defined in Article 19, § 40-1(d) {“Definitions – Minibike”}. (e) (1) “E-scooter” means a device designed and equipped with: (i) an electric motor for self-propulsion; (ii) 2 wheels below a platform on which a user can stand upright to operate and control the vehicle; and (iii) a locking device to either lock itself or lock to existing structures. (2) “E-scooter” does not include: (i) a motorcycle; (ii) a motor vehicle; (iii) a public transportation vehicle; (iv) a dirt bike as defined in Article 19, § 40-1(c) {“Definitions – Dirt bike”}; (v) a minibike as defined in Article 19, § 40-1(d) {“Definitions – Minibike”}; or (vi) an electronic personal assisted device. (f) “Enforcement officer” has the meaning stated in City Code Article 1, § 41-1(c). (g) “Provider” means any person that provides dockless vehicles for hire. (h) “Program” means the Dockless Vehicle Program established pursuant to this subtitle. (i) “User” means any individual who operates a dockless vehicle. *History: Ord. 19-251* *History: Ord. 22-125* ##### § 38-2 Balt., Md., Code art. 31, § 38-2 (2026) Reserved ##### § 38-3 Rules and regulations. Balt., Md., Code art. 31, § 38-3 (2026) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director must adopt rules and regulations to carry out this subtitle. *History: Ord. 19-251* *History: Text Conformed 02/28/21* ##### §§ 38-4 to 38-5 Balt., Md., Code art. 31, § 38-4 to 38-5 (2026) Reserved #### Part 2 – Dockless Vehicle Program ##### § 38-6 Program established. Balt., Md., Code art. 31, § 38-6 (2026) (a) There is a Dockless Vehicle Program established for the purpose of regulating the operation of dockless vehicles and dockless vehicles for hire. (b) The Department is responsible for administering in a manner consistent with this subtitle. (c) The cost of Program administration shall be charged to the providers through the imposition of fees established by the Department and approved by the Board of Estimates. (d) (1) The Program may be terminated at any time by: (i) the Director, with 60 days prior written notice to the City Council and all providers; or (ii) ordinance of the Mayor and City Council. (2) A termination of the Program operates to (i) revoke all existing permits issued under this subtitle; and (ii) require all dockless vehicles for hire to be removed from public right-of-ways within 48 hours from the effective date of the termination. *History: Ord. 19-251* ##### § 38-7 Scope. Balt., Md., Code art. 31, § 38-7 (2026) (a) The Program established by this subtitle must provide, in a manner established by the Director, equitable access to dockless vehicles for hire throughout the City and in under-served areas. (b) On an annual basis, the Director must determine: (1) the maximum and minimum number of providers to be permitted under this subtitle; and (2) the maximum and minimum number and types of dockless vehicles permitted to operate under this subtitle. *History: Ord. 19-251* ##### § 38-8 Permit required. Balt., Md., Code art. 31, § 38-8 (2026) (a) No provider may operate a dockless-vehicle-for-hire business without having first obtained a permit from the Director. (b) The Director may issue a permit under this subtitle in the form the Director requires. *History: Ord. 19-251* ##### § 38-9 Permit applications. Balt., Md., Code art. 31, § 38-9 (2026) (a) An application for a permit to operate a dockless-vehicle-for-hire business must be submitted in the form required by the rules and regulations adopted under this subtitle. (b) The permit application must include: (1) the provider’s full legal name and any trade name(s) under which it operates; (2) documentary evidence from an insurance company indicating that the insurance company has bound itself to provide liability insurance to the provider as required by the Director in the rules and regulations adopted under this subtitle; (3) an agreement to indemnify the City; (4) a performance bond as provided in § 38-23 of this subtitle; and (5) any other information required by the rules and regulations adopted under this subtitle. *History: Ord. 19-251* ##### § 38-10 Term and renewal. Balt., Md., Code art. 31, § 38-10 (2026) (a) A permit issued under this subtitle expires on the 1st anniversary of its effective date and is renewable as provided in this section. (b) The application for renewal must be in the form and contain the information required under § 38-9 of this subtitle. *History: Ord. 19-251* ##### § 38-11 Permit not transferable or shareable. Balt., Md., Code art. 31, § 38-11 (2026) A permit issued under this subtitle to any provider is not assignable or transferable to or shareable with any other provider not identified in the permit. *History: Ord. 19-251* ##### § 38-12 Data sharing requirements. Balt., Md., Code art. 31, § 38-12 (2026) (a) As a condition to holding a permit, a provider must submit data and reports as required by the Director in a format determined by the Director. (b) (1) Except as otherwise required by law, the data and reports provided to the Department under this section must be kept confidential. (2) If disclosure of the data and reports is required by law, the Department must provide the provider with reasonable prior notice of the disclosure. (c) (1) A provider must establish a privacy policy approved by the Department that safeguards user information. (2) The data and reports provided to the Department under this section may not include information that can reasonably be used to contact or distinguish a person, including IP addresses or device identifiers. (d) (1) The Department must report the data provided under this section on the Department’s website. (2) The content and timing of the data reported under this subsection must be: (i) determined by the Director; and (ii) compliant with all applicable laws. *History: Ord. 19-251* ##### § 38-13 Permit revocation. Balt., Md., Code art. 31, § 38-13 (2026) (a) After a hearing conducted in accordance with the rules and regulations adopted under this subtitle and with proper notice to the provider, the Department may revoke a permit if the Department finds that the provider: (1) intentionally or knowingly made a false statement as to a material matter on the permit application; (2) failed to maintain the liability insurance required by the Director in the rules and regulations adopted under this subtitle; (3) failed to supply the data required under this subtitle or the rules and regulations adopted under this subtitle; (4) failed to pay any fees and taxes required under this subtitle or the Baltimore City Code; or (5) failed to provide a performance bond as provided in § 38-23 of this subtitle. (b) (1) Any revocation under this section must be in writing from the Department and specify the reasons for the action. (2) A provider receiving a revocation under this section is prohibited from applying for a permit under this subtitle for 2 years from the date of the revocation. *History: Ord. 19-251* ##### § 38-14 Appeals. Balt., Md., Code art. 31, § 38-14 (2026) (a) A provider aggrieved by a decision of the Department may appeal that decision to the Director in writing within 10 days of the Department’s decision. (b) The Director must issue a written decision within 30 days of receipt of the provider’s appeal. *History: Ord. 19-251* ##### § 38-15 Data breaches. Balt., Md., Code art. 31, § 38-15 (2026) If a provider determines that a breach of its data system has occurred and that the breach has placed user personal information at risk, the provider must, within 48 hours of that determination, notify the Department and all current and prior users of the breach and the likely consequences of the breach. *History: Ord. 19-251* ##### §§ 38-16 to 38-17 Balt., Md., Code art. 31, § 38-16 to 38-17 (2026) Reserved #### Part 3 – Standards of Operation ##### § 38-18 Unlawful operations of e-bike or e-scooter. Balt., Md., Code art. 31, § 38-18 (2026) An e-bike or e-scooter may not be operated: (1) in a manner that violates applicable State or local law; (2) at speeds that exceeds 15 miles per hour for e-scooters and 20 miles per hour for e-bikes when propelled solely by the electric motor and without manual power; (3) by a person younger than 16-years of age without a helmet; (4) with a passenger, unless the e-bike or e-scooter is designed to carry a passenger; (5) without the use of a headlight or headlamp after dusk, before dawn, or when the safe operation of a vehicle requires the use of headlight or headlamp; (6) on a public right-of-way where bicycles are also prohibited; (7) on a sidewalk, unless the posted speed on the abutting public right-of-way is 30 miles per hour or greater and the speed of the e-bike or e-scooter on the sidewalk does not exceed 6 miles per hour; (8) while carrying a package, bundle, or other article that prevents the user from keeping both hands on the handlebars; or (9) while physically controlling more than one dockless vehicle. *History: Ord. 19-251* ##### § 38-19 Unlawful parking of dockless vehicle. Balt., Md., Code art. 31, § 38-19 (2026) (a) A dockless vehicle may not be parked on a public street or alley unless the Director has designated an area specially-designed to accommodate dockless vehicle parking. (b) Unless otherwise prohibited by law, rule, or regulation that specifically prohibits parking on a sidewalk, dockless vehicles may be parked: (1) on any sidewalk; or (2) at designated locations as determined by the Director. (c) A dockless vehicle may not be parked in: (1) a driveway without the permission of the owner of the driveway; (2) an area reserved for sidewalk dining; (3) a transit zone, including bus stops, shelters, and passenger-waiting areas, except at designated areas within a transit zone, as determined by the Director; (4) a loading zone; (5) a parking zone dedicated to accessible parking; (6) a manner that reduces the pedestrian zone to less than 4 feet or that otherwise prohibits the free flow of pedestrian traffic; (7) a manner that interferes with places of access for persons with disabilities as required by the Americans with Disabilities Act; or (8) a manner or location prohibited by the Director by rule or regulation. (d) Dockless vehicles must be parked in a standing upright position. *History: Ord. 19-251* ##### § 38-20 User education. Balt., Md., Code art. 31, § 38-20 (2026) (a) A provider must educate its users in the laws, rules, and regulations applicable to the riding, operation, and parking of dockless vehicles. (b) As a component of the education required under this section, a provider must make visible on its dockless vehicles or publish on its mobile application, or both, the standards of operation set forth in § 38-18 and § 38-19 of this subtitle or the rules and regulations adopted under this subtitle. *History: Ord. 19-251* ##### § 38-21 Prohibited advertising. Balt., Md., Code art. 31, § 38-21 (2026) A provider may not display third party advertising on its dockless vehicles. *History: Ord. 19-251* ##### § 38-22 Provider operational responsibilities. Balt., Md., Code art. 31, § 38-22 (2026) A provider must: (1) operate a 24-hour customer service phone number for users, the general public, and City officials to report dockless vehicles that are inoperable or suspected of being operated or parked in apparent violation of the law; (2) remove its dockless vehicles from any public right-of-way during the hours as determined by the Director; (3) ensure that its dockless vehicles are parked as required by law, rule, or regulation; (4) remove or reposition its dockless vehicles that are parked illegally within a time determined by the Director; (5) ensure that its dockless vehicles adhere to applicable national safety standards; (6) ensure that its operations adhere to the requirements of equitable access as determined by the Director; and (7) comply with all other requirements established by the Director for the operation of dockless vehicles for hire. *History: Ord. 19-251* ##### § 38-23 Performance bond. Balt., Md., Code art. 31, § 38-23 (2026) (a) Providers must provide a performance bond in an amount and form specified by the Director. (b) The funds available from the bond required by this section shall be applied to pay for: (1) damage to public property caused by a provider’s dockless vehicles; or (2) the removal and storage of a provider’s dockless vehicles that are parked illegally. *History: Ord. 19-251* ##### § 38-24 Seizure. Balt., Md., Code art. 31, § 38-24 (2026) (a) A dockless vehicle for hire is subject to seizure if it is parked or used in violation of this subtitle. (b) (1) An enforcement officer need not have a warrant in order to seize a dockless vehicle for hire in violation of this subtitle if: (i) the enforcement officer has probable cause to believe that the dockless vehicle for hire has been parked or used in violation of this subtitle; and (ii) a warrant is not constitutionally required under the circumstances. (2) Whenever an enforcement officer seizes a dockless vehicle for hire under this section, the enforcement officer may cause it to be moved to a place designated by the Department. (3) On the seizure of a dockless vehicle for hire under this section, the Department must promptly notify the provider of: (i) the reason for seizure; (ii) the location of the seized dockless vehicle for hire; and (iii) the amount of the fees, if any, associated with the seizure. (c) Any dockless vehicle for hire seized under this section must be returned to its provider on payment from funds provided by the performance bond required by § 38-23 of this subtitle. (d) The rules and regulations adopted under this subtitle must include the administration and processes necessary to implement this section. *History: Ord. 19-251* ##### §§ 38-25 to 38-26 Balt., Md., Code art. 31, § 38-25 to 38-26 (2026) Reserved #### Part 4 – Enforcement ##### § 38-27 Enforcement by citation. Balt., Md., Code art. 31, § 38-27 (2026) (a) In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (c) Each day that a violation continues is separate offense. *History: Ord. 19-251* ## Article 32 – Zoning ### Title 1 – General Provisions #### Subtitle 1 – Purpose of Title ##### § 1-101 In general. Balt., Md., Code art. 32, § 1-101 (2026) This title contains: (1) rules of interpretation for this Code; (2) generic use definitions; and (3) definitions of general terms used in this Code. *History: Ord. 16-581* #### Subtitle 2 – Rules of Interpretation ##### § 1-201 In general. Balt., Md., Code art. 32, § 1-201 (2026) In interpreting and applying this Code, the following rules of interpretation apply: (1) those contained in Subtitles 2 and 3 of the City Code’s General Provisions Article; and (2) any additional rules contained in this subtitle *History: Ord. 16-581* *History: Ord. 22-125* ##### § 1-202 Code not a permit. Balt., Md., Code art. 32, § 1-202 (2026) Nothing in this Code may be taken to be a consent, license, or permit to: (1) use any property; (2) locate, erect, or maintain any structure or facility; or (3) carry on any trade, industry, occupation, or activity. *History: Ord. 16-581* *History: Ord. 22-125* ##### § 1-203 Conflicting provisions. Balt., Md., Code art. 32, § 1-203 (2026) (a) In their interpretation and application, the provisions of this Code are intended as the minimum requirements for the promotion of the public health, safety, and welfare. (b) If any condition or requirement imposed by this Code is either more or less restrictive than a comparable condition or requirement imposed by any other provision of this Code or of any other law, rule, or regulation of any kind, including an applicable Urban Renewal Plan, the condition or requirement that is the more restrictive governs. *History: Ord. 16-581* *History: Ord. 22-125* ##### § 1-204 References to “this Code”. Balt., Md., Code art. 32, § 1-204 (2026) Throughout this article, all references to “this Code” refer to this Article, the Zoning Code of Baltimore City. *History: Ord. 16-581* *History: Ord. 22-125* ##### § 1-205 Use symbology. Balt., Md., Code art. 32, § 1-205 (2026) (a) In Tables of Uses: (1) a “P” indicates that a use is permitted within that zoning district; (2) a “CB” indicates that a use is a conditional use within that zoning district requiring approval by the Board of Municipal and Zoning Appeals; (3) a “CO” indicates that a use is a conditional use within that zoning district requiring approval by Ordinance of the Mayor and City Council; (4) no letter (that is, a blank space) or the absence of the use from the table indicates that the use is not allowed within that zoning district; and (5) each Table of Uses organizes its lists of uses under the following “Use Categories”: “Residential”, “Institutional”, “Open-Space”, “Commercial”, “Industrial”, and “Other”. (b) In Signage Tables (1) an “A” indicates that a sign type is allowed in that Zoning District; (2) an “ASSC Only” indicates that a sign type is only allowed in an approved Area of Special Signage Control; and (3) a “CB” indicates that a sign type requires conditional approval by the Board of Municipal and Zoning Appeals. *History: Ord. 16-581* *History: Ord. 18-216* *History: Ord. 22-125* *History: Ord. 22-181* *History: * ##### § 1-206 Undefined terms. Balt., Md., Code art. 32, § 1-206 (2026) Terms not defined in this Code are to be interpreted in accord with their ordinarily accepted meanings, as their context implies. *History: Ord. 16-581* *History: Ord. 22-125* ##### § 1-207 “Used” or “Occupied”. Balt., Md., Code art. 32, § 1-207 (2026) Whenever the word “used” or “occupied” is used, it is to be construed as though followed by the phrase “or arranged, intended, or designed to be used/occupied”. *History: Ord. 16-581* *History: Ord. 22-125* ##### § 1-208 Uses – generic, specific, and prohibited. Balt., Md., Code art. 32, § 1-208 (2026) (a) Certain uses in this Code are defined to be inclusive of many specific uses so as to minimize overly detailed lists of uses for the various zoning districts established by this Code. These inclusive uses are referred to in this Code as “generic uses”. (b) (1) If a specific use is listed in any use table, that specific use cannot be interpreted as falling within any generic use that is listed in the same table. (2) If the definition of a generic use specifically excludes a specific use, the generic use cannot be interpreted as allowing that specific use. (c) A use is prohibited in a zoning district unless: (1) that use is specifically listed as a permitted or conditional use in the use table for that district; or (2) that use falls within the definition of a generic use that is itself listed as a permitted or conditional use in the use table for that district. *History: Ord. 16-581* *History: Ord. 18-171* *History: Ord. 22-125* ##### § 1-209 Uses prohibited citywide. Balt., Md., Code art. 32, § 1-209 (2026) (a) This section and its listing of certain prohibited uses: (1) is not exhaustive; and (2) may not be construed to imply that any use not listed here is a permitted or conditional use. (b) The following uses are prohibited in all zoning districts of the City: (1) crude oil terminals; (2) data centers; (3) incinerators; (4) junk or scrap storage and yards; (5) nuclear power plants; (6) private detention centers; (7) solid waste sanitary landfills; (8) storage on barges and belt conveyor systems used for the transfer of materials, but this prohibition does not apply to the continuous process of unloading or loading processed metal (as defined in § 1-308) for and during its transfer to or from a docked barge or vessel awaiting shipment; and (9) vehicle dismantling facilities. *History: Ord. 16-581* *History: Ord. 18-110* *History: Ord. 22-125* *History: * *History: * ##### § 1-210 Use and Site Development Standards. Balt., Md., Code art. 32, § 1-210 (2026) (a) Title 14 {“Use Standards”} of this Code sets forth specific standards for certain permitted and conditional uses listed in the use tables. (b) Title 15 {“Site Development Standards”} of this Code sets forth specific requirements, including measurement methodologies, for certain accessory structures and uses. *History: Ord. 16-581* *History: Ord. 22-125* #### Subtitle 3 – Definitions ##### § 1-301 In general. Balt., Md., Code art. 32, § 1-301 (2026) In this Code, the following terms have the meanings indicated. *History: Ord. 16-581* ##### § 1-302 “Abut” to “Awning”. Balt., Md., Code art. 32, § 1-302 (2026) (a) “Abut” means to share a common lot line or zoning district boundary without being separated by a street or alley. (b) “Accessory structure” means a structure that is: (1) customarily incidental and subordinate to the use of the principal structure served; (2) subordinate in lot coverage and floor area to the principal structure served; and (3) located on the same lot as the principal structure served. (c) “Accessory use” means a use that is: (1) customarily incidental and subordinate to the principal use of the lot or principal structure served; and (2) located on the same lot as the principal use or principal structure served. (d) “Addition” or “enlargement”, when referring to a structure, means construction that increases the height, length, width, or floor area of the structure. (e) “Adjacent” means to lie near, close to, or in the vicinity of. (f) “Adjoining” means to touch, abut, or border on, as distinguished from adjacent. (g) See “Day-care center: Adult”. (h) See “Day-care home: Adult”. (i) (1) “Adult use” means any establishment that offers its customers, for viewing, purchase, loan, or otherwise, sexually explicit materials or entertainment that, applying contemporary standards, the average individual would find, taken as a whole, appeals to the prurient interest. (2) “Adult use” includes any: (i) adult-entertainment business, as defined in City Code Article 15, Subtitle 1 {“Adult-Entertainment Businesses”}; (ii) adult book or video store, as defined in paragraph (3) of this subsection; and (iii) peep show establishment, as defined in City Code Article 13, Subtitle 13 {“Licensing of Peep Show Establishments”}. (3) (i) “Adult book or video store” means a place of activity the principal use of which is to sell, transfer, or disseminate sexually explicit material, including the following: (A) any picture, photograph, drawing, sculpture, video, or similar visual representation or image of an individual or part of the human body that: 1. depicts nudity, sadomasochistic abuse, sexual conduct, or sexual excitement; and 2. is harmful to minors; or (B) any book, pamphlet, magazine, printed matter however reproduced, or sound recording that: 1. contains any matter enumerated in item A of this subparagraph or any explicit and detailed verbal descriptions or narrative accounts of sadomasochistic abuse, sexual conduct, or sexual excitement; and 2. taken as a whole, is harmful to minors. (ii) In this paragraph (3), “harmful to minors”, “nudity”, “sadomasochistic abuse”, “sexual conduct”, and “sexual excitement” have meanings stated in City Code Article 19, § 36-1 {“Minors - Indecent Materials: Definitions”}. (i-1) “After-hours establishment” means any of the following uses that is open for any period of time after 2 a.m. and before 6 a.m. on any day: (1) a banquet hall, a lodge or social club, or a similar place; or (2) an adult use, a lounge, live entertainment as a principal use, or a restaurant that provides live entertainment as an accessory use. (j) “Age-restricted multi-family dwelling” means a multi-family dwelling that restricts occupancy to individuals 62 years old or older. (k) “Age-restricted residential-care facility” means a residential-care facility that restricts residents to individuals 62 years old or older. (l) “Alley” means any roadway that is open to the general public and primarily designed and used for the servicing of adjacent buildings through their rear or side entrances. (m) “Alteration” means a change in the size, shape, occupancy, or use of a structure. (n) (1) “Alternative energy system” means equipment used to generate thermal or electrical energy from renewable sources. (2) “Alternative energy system” includes: (i) a commercial alternative energy system; (ii) a community-based alternative energy system; and (iii) a private alternative energy system. (o) “Alternative energy system: Commercial” means an alternative energy system designed to produce greater levels of energy for consumers with high energy demands, such as industrial users, or for supply to an electric grid. (p) “Alternative energy system: Community-based” means an alternative energy system that: (1) primarily produces energy for consumption on site by a property owner or for supply to an electric grid; and (2) is supported by community members who purchase energy from the system and who might benefit financially from the system. (q) “Amateur (ham) radio equipment” has the meaning stated in § 15-502 {“Amateur (ham) radio equipment”} of this Code. (r) (1) “Animal clinic” means an establishment used by a licensed veterinarian: (i) for the immunization, diagnosis, or treatment of animals or for surgery on animals and (ii) for boarding animals during their treatment or convalescence. (2) “Animal clinic” does not include a kennel. (s) “Architectural feature” means a part or projection of a structure, excluding a sign, that: (1) contributes to the aesthetics of the structure; and (2) is not needed either for the structural integrity of the structure or to make the structure habitable. (t) (1) “Art gallery” means an establishment that engages in the sale, loan, or display of paintings, sculptures, photographs, video art, or other works of art. (2) “Art gallery” does not include: (i) a cultural facility, such as a library, museum, or non-commercial gallery that might also display works of art; (ii) an arts studio; or (iii) an arts studio - industrial. (u) (1) “Arts studio” means an establishment in which an art, a type of exercise, or an activity is taught, practiced, or studied, such as dance, martial arts, photography, music, painting, gymnastics, or yoga. (2) “Arts studio” includes: (i) performance-space related to the classes taught on-site; and (ii) recording studios. (3) “Arts studio” does not include an establishment that teaches the types of arts taught in an arts studio – industrial. (v) “Arts studio: Industrial” means a studio for artisan-related crafts, such as small-scale metalworking, glassblowing, furniture making, pottery, leathercraft, and similar activities. (w) “Awning” means an architectural projection that: (1) comprises a lightweight frame structure over which a covering is attached; (2) is designed to provide weather protection, identity, or decoration; and (3) is partially or wholly supported by the building to which it is attached. *History: Ord. 16-581* *History: Ord. 17-015* *History: 17-056* *History: 18-171* ##### § 1-303 “Bail bond establishment” to “Child day-care home”. Balt., Md., Code art. 32, § 1-303 (2026) (a) “Bail bond establishment” means an establishment in which a State-licensed or -approved bail bondsman provides bail bondsman services, whether for compensation or not. (b) (c) (1) “Banquet hall” means an establishment: (i) for which all events are directly managed by the owner of the facility or by a person regularly employed by the owner and responsible to the owner for the on-site management of all events held in that facility and for event arrangements; (ii) that is used regularly for serving food or beverage provided by the owner or by caterers and suppliers approved in advance by the owner; (iii) that serves designated groups that, before the day of the event, have reserved the facility for banquets or meetings and provided all insurance certificates, security contracts, off-street parking contracts required by the facility’s owner; (iv) to which the general public is not admitted; (v) for which no admission fee is charged at the door; and (vi) in which no third party promoter is involved or stands to profit. (2) In paragraph (1)(vi) of this subsection, “promoter” means a person whose primary business is to organize, schedule, and operate one-time events in various leased venues through wide-scale promotions and advance sales of general admission tickets advertised primarily by flyers, websites, e-blasts, and social media and customarily selling general admission tickets at the door. (3) “Banquet hall” includes an establishment that provides live entertainment as an accessory to the use described in paragraph (1) of this subsection. (4) “Banquet hall” does not include any restaurant or tavern. (d) “Basement” means that portion of a building that has its floor subgrade (below ground level) on all sides. (e) “Bay window” means a window that: (1) projects outward from a building; (2) begins at least 2 feet above the ground; and (3) has no structural support to the ground. (f) “Bed and breakfast” means an owner-occupied, single-family dwelling that: (1) is used primarily as a the owner’s personal home; but (2) also, while the owner is in residence, provides lodging in 3 or fewer guest rooms to members of the general public who have primary residences elsewhere. (g) “Billboard” means any sign that directs attention to a business or commodity that is: (i) sold or offered somewhere other than on the property on which the sign is located; or (ii) sold or offered on that property only incidentally, if at all. (h) “Blockface” means all of 1 side of a given street between 2 consecutive intersecting streets, excluding alleys footways, and sidewalks. (i) (1) “Boat manufacturing, repair, and sales” includes the following activities: (i) assembly and installation of sails, masts, bridges, or other major components; (ii) sandblasting or other preparation and painting of hulls; (iii) installation of navigational instruments; (iv) testing of electrical, mechanical, and other systems; and (v) incidental storage. (2) “Boat manufacturing, repair, and sales” does not include the leasing of dry dock or marina storage for individual boat owners. (j) (1) “Body art establishment” means an establishment that offers body piercing, non-medical body modification, or tattooing services. (2) “Body art establishment” does not include an establishment that only offers ear piercing. (k) (1) “Broadcasting station (tv or radio)” means commercial and public communications facilities, including radio and television broadcasting and receiving stations and studios. (2) “Broadcasting station (tv or radio)” does not include freestanding TV or radio antennas. (l) “Buffer”, as it applies to the Chesapeake Bay Critical Area, has the meaning stated in § 7-402 {“CBCA Overlay: Definitions”} of this Code. (m) “Building” means any structure used or intended for supporting or sheltering any use or occupancy. (n) “Building: Principal” means non-accessory building in which a principal use is conducted. (o) “Canopy” means a permanent structure or architectural projection that: (1) is of rigid construction over which a covering is attached; (2) is designed to provide weather protection, identity or decoration; and (3) is structurally independent or supported by attachment to a building on one or more sides. (p) (1) “Car wash” means an establishment for washing or cleaning motor vehicles, whether by using mechanical devices or hand labor. (2) “Car wash” includes facilities for self-service motor vehicle washing or cleaning. (q) See “Dwelling: Caretaker’s”. (r) “Carnival” or “circus” means a use of land for: (1) circuses, carnivals, fetes, bazaars, and similar events; (2) feats of horseback-riding ability, acrobatic stunts, trained animal acts, clowning, and similar performances; (3) mechanical rides or other amusement devices to which the public is admitted; and (4) temporary stands or facilities for selling or dispensing products for human consumption in connection with these uses. (s) “Carriage house” means an accessory structure of 2-story construction that was formerly used or intended to be used for the storage of horses and carriages. (t) “Carry-out food shop” means an establishment where prepared food is served in disposable containers or wrappers from a serving counter, primarily for off-premises consumption. (u) (1) “Cemetery” means land used or dedicated to the burial of the dead. (2) “Cemetery” includes: (i) a crematorium; (ii) mausoleums; (iii) a funeral home, if operating within the boundaries of the cemetery; and (iv) necessary sales and maintenance facilities. (v) “Check-cashing establishment” means an establishment, other than a financial institution, that provides a check-cashing service, for a fee, to the general public. (w) See “Day-care center: Child”. (x) See “Day-care home: Child”. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* *History: Ord. 22-181* ##### § 1-304 “Chimney” to “Day-care center: Child”. Balt., Md., Code art. 32, § 1-304 (2026) (a) “Chimney”means a vertical shaft of reinforced concrete, masonry, or other approved material that encloses 1 or more flues, for the purpose of removing the products of combustion from solid, liquid, or gaseous fuel. (b) (c) See “Animal clinic”; “Health-care clinic”. (d) See “Alternative energy system: Commercial”. (e) See “Educational facility: Commercial-vocational”. (f) “Commercial vehicle” has the meaning stated in City Code Article 31 {“Transit and Traffic”}, § 1-1(f) {“Definitions – A to L: Commercial vehicle”}. (g) (1) “Community center” means a facility in which people who live in the neighborhood or community are able to meet and carry on cultural, social, or recreational activities. (2) “Community center” includes indoor or outdoor recreational facilities. (h) (1) “Community-managed open-space garden” means an open-space area that: (i) is maintained by more than 1 household; and (ii) is used for traditional community-garden activities of planting, cultivating, harvesting, maintaining, and distributing fruits, flowers, vegetables, or ornamental plants. (2) “Community-managed open-space garden” includes: (i) accessory sheds, gazebos, and pergolas; (ii) temporary greenhouses and similar structures to extend the growing season; and (iii) the provision of space for related open-air recreation, active or passive, but not including playground equipment. (i) (1) “Community-managed open-space farm” means an open-space area that: (i) is maintained by more than 1 household; and (ii) in addition to the uses permitted in a community-managed open-space garden, is used for 1 or more of the following: (A) the keeping of livestock and animals; (B) temporary farm stands, but no more than 1 per lot; and (C) the receipt and free redistribution of organic waste material for composting. (2) “Community-managed open-space farm” includes on-site storage, including storage for farmstands. (j) See “Alternative energy system: Community-based”. (k) “Composting” means the processing of organic waste material, such as yard and food waste, under controlled conditions to yield a nuisance-free humus-like product. (l) “Comprehensive Master Plan” means the Master Plan adopted under City Charter Article VII, § 74 {“Department of Planning: Master Plan”} and the State Land Use Article. (m) “Comprehensive rezoning” means an ordinance that is: (1) initiated by City government to modify the zoning classifications of multiple properties; (2) based on considerations concerning the common needs of a substantial geographic area, involving a considerable number of properties; (3) designed to control and direct the use of land and structures according to present and planned future conditions; and (4) the product of: (i) careful consideration and extensive study by the Planning Department; and (ii) review by the Planning Commission. (n) See “Use: Conditional”. (o) “Contractor storage yard” means land or structures used primarily for the storage of equipment, vehicles, machinery, building materials, paint, piping, or electrical components being used by the owner or occupant of the premises in the conduct of a building trade. (p) (1) “Convention center” means an establishment that accommodates conventions, conferences, seminars, product displays, recreation activities, and entertainment functions. (2) “Convention center” includes accessory uses such as: (i) temporary outdoor displays; and (ii) food and beverage preparation and service for on-premise consumption. (q) See “Lot: Corner”. (r) See “Lot line: Corner-side”. (s) “Cornice” means a continuous molded projection that: (1) extends outward from an exterior wall at the roof line; (2) crowns a wall; or (3) divides a wall horizontally. (t) “Country club” means a club organized and operated primarily for social and both indoor and outdoor recreation purposes, with recreation facilities for members, their families, and invited guests. (u) “Critical Area”, as it applies to the Chesapeake Bay Critical Area, has the meaning stated in § 7-402 {“CBCA Overlay: Definitions”} of this Code. (v) “Critical Area Management Program”, as it applies to the Chesapeake Bay Critical Area, has the meaning stated in § 7-402 {“CBCA Overlay: Definitions”} of this Code. (w) (1) (i) “Crude oil” means any naturally occurring liquid petroleum that is: (A) extracted from geological formations beneath the earth’s surface; and (B) requires further refinement before consumer use. (ii) “Crude oil” does not include finished products derived from petroleum including asphalt. (2) (i) “Crude oil terminal” means a facility that receives, stores, transfers, ships, or processes crude oil. (ii) “Crude oil terminal” does not include facilities owned or operated by a rail carrier, as defined in U.S. Code Title 49, Subtitle IV, Part A, Chapter 101, § 10102 {“Definitions”}. (x) (1) “Cultural facility” means a facility that provides cultural services and facilities to the public. (2) “Cultural facility” includes any of the following, whether operated by a public, non-profit, or private entity: (i) a museum; (ii) an historical society; or (iii) a library. (3) “Cultural facility” includes the following accessory uses designed and intended primarily for patrons of the facility: (i) a gift or souvenir shop; and (ii) a restaurant or refreshment stands. (y) “Data center” means a facility or portion of a facility: (1) that is used primarily for the remote storage, processing, and distribution of data; and (2) that is capable of using 10 megawatts or more of electricity. (z) (1) “Day-care center: Adult” means an establishment that provides care for 3 or more elderly or functionally impaired adults on less than a 24-hour basis. (2) “Day-care center: Adult” does not include: (i) a program that, as an accessory use to a place of worship, provides care for elderly or functionally impaired adults; or (ii) an adult day-care home. (aa) (1) “Day-care center: Child” means an establishment that provides care for 3 or more children on less than a 24-hour basis. (2) “Day-care center: Child” does not include: (i) a program that, as an accessory use to an educational facility or a place of worship, provides care for children; or (ii) a child day-care home. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-110* *History: Ord. 20-350* *History: * ##### § 1-305 “Day-care home: Adult” to “Electric substation: Outdoor”. Balt., Md., Code art. 32, § 1-305 (2026) (a) (1) “Day-care home: Adult” means a dwelling in which a resident of the dwelling provides care for up to 8 elderly or functionally impaired adults who do not spend the night at the dwelling. (2) “Day-care home: Adult” does not include an adult day-care center. (b) (1) “Day-care home: Child” means a dwelling in which a resident of the dwelling provides care for up to 8 children, including the resident’s own. (2) “Day-care home: Child” does not include a child day-care center. (c) See “Health-care clinic”. (d) See “Dwelling: Detached”. (e) “Development”, as it applies to the Chesapeake Bay Critical Area, has the meaning stated in § 7-402 {“CBCA Overlay: Definitions”} of this Code. (f) “Disturb”, as it applies to the Chesapeake Bay Critical Area, has the meaning stated in § 7-402 {“CBCA Overlay: Definitions”} of this Code. (g) “Dormitory” means a structure that: (1) is owned or operated by or for an educational institution or a hospital; and (2) provides group sleeping accommodations in 1 room or in a series of closely associated rooms for students not members of the same family. (h) “Drive-through facility” means an establishment that provides products or services through an attendant, window, or automated machine to individuals occupying motor vehicles in a designated stacking space. (i) “Driveway” means a connecting way that runs between a street and an off-street parking or drop-off area and is designed to permit a vehicle to leave the roadway at grade and enter entirely into the off-street area. (j) (1) “Driving range” means an area that is equipped with distance markers, clubs, balls, and tees for practicing the striking of golf balls. (2) “Driving range” includes an accessory snack bar and pro-shop. (k) See “Marina: Dry storage”. (l) “Dwelling” means a building or part of a building used for residential occupancy. (m) “Dwelling: Caretaker’s” means a residence for an individual employed on a site to care for and protect individuals and property on the site or on adjacent sites. (n) “Dwelling: Detached” means a dwelling that contains a single dwelling unit and is not attached to any other dwelling. (o) “Dwelling: Live-Work” means a structure that combines a single dwelling unit with a non-residential use that: (1) is permitted in the zoning district in which the structure is located and used predominantly by 1 or more of the unit’s residents; or (2) is an arts-related activity, such as painting, photography, sculpture, music, and film, and conducted predominantly by 1 or more of the unit’s residents. (p) (1) “Dwelling: Multi-family” means a dwelling that contains 2 or more dwelling units. (2) “Dwelling: Multi-family” includes common facilities for residents, such as laundry rooms. (q) See “Age-restricted multi-family dwelling”. (r) “Dwelling: Rowhouse” means 1 of 3 or more buildings, each of which contains a single dwelling unit used for residential occupancy, with each building having its own private entrance and being joined to the others by a party or shared wall. (s) “Dwelling: Semi-detached” means 1 of 2 buildings, each of which contains a single dwelling unit used for residential occupancy, with each building having its own private entrance and being joined to the other by a party or shared wall and not otherwise attached to any other dwelling. (t) “Dwelling: Single-family” means a dwelling that contains only 1 dwelling unit. (u) “Dwelling unit” means 1 or more rooms in a dwelling that: (1) are used as living facilities for no more than 1 family; and (2) contain permanently installed bathroom and kitchen facilities reserved for the occupants of those rooms. (v) “Easement” means legal permission granted by a property owner to another for the use of the property for specific purposes, such as the construction of accessways, utilities, and roadways. (w) “Eave” means the projecting lower edges of a roof that overhang an exterior wall of a building. (x) (1) “Educational facility: Commercial-vocational” means: (i) a post-secondary school that teaches industrial, clerical, managerial, commercial, or artistic skills; or (ii) a school conducted as a commercial enterprise, such as a driving school. (2) “Educational facility: Commercial-vocational” does not include a post-secondary educational facility. (y) (1) “Educational facility: Post-secondary” means a post-secondary institution for higher learning, such as a university or college, that grants associate, bachelor, master, or doctoral degrees. (2) “Educational facility: Post-secondary” includes post-secondary theological schools for training ministers, priests, rabbis, or other religious functionaries. (3) “Educational facility: Post-secondary” does not include a commercial-vocational educational facility. (z) “Educational facility: Primary and secondary” means a public, private, or parochial school that offers instruction at any of the elementary through high school levels. (aa) (1) “Electric substation” means a facility that is: (i) owned, leased, or otherwise maintained by an electric company regulated by the Maryland Public Service Commission; and (ii) primarily used to convert, switch, or terminate electric voltages at or above 4,000 volts. (2) “Electric substation” includes generation facilities used to support the electric distribution system. (bb) “Electric substation: Indoor” means an electric substation the major components of which are housed within a covered building. (cc) “Electric substation: Outdoor” means an electric substation that is neither an electric substation: enclosed nor an electric substation: indoor. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 1-306 “Encroachment” to “Golf course”. Balt., Md., Code art. 32, § 1-306 (2026) (a) “Encroachment” means the placement or extension of any structure or component of a structure into a required yard. (b) (1) “Entertainment: Indoor” means a predominantly spectator use conducted within an enclosed structure, such as a movie theater. (2) “Entertainment: Indoor” includes the following accessory uses designed and intended primarily for patrons of the facility: (i) a gift or souvenir shop; and (ii) a restaurant or refreshment stands. (3) “Entertainment: Indoor” does not include: (i) live entertainment; or (ii) indoor recreation. (c) (1) “Entertainment: Live” means 1 or more of any of the following, performed live by 1 or more individuals, whether or not done for compensation and whether or not admission is charged: (i) musical act, including karaoke; (ii) theatrical act, including a play, revue, or stand-up comedy; (iii) dance; (iv) magic act; (v) disc jockey; or (vi) similar activity. (2) “Entertainment: Live” does not include any adult use. (d) “Environmentally sensitive area” means land that contains any of the following natural areas: (1) streams or stream buffers; (2) habitats of threatened or endangered species; (3) forests or forested areas; (4) wetlands or wetland buffers; (5) steep slopes (i.e., slopes of 20% or more); (6) floodplains; (7) any part of the Chesapeake Bay Critical Area; and (8) significant or specimen trees. (e) “Erect” means: (1) to construct, reconstruct, or move a structure on a lot; or (2) to excavate, fill, drain, or conduct physical operations of any kind in preparation for or while undertaking the construction, reconstruction, or moving of a structure on a lot. (f) “Fairgrounds” means an area used variously for one or more of the following, either singularly or in combination with one another: (1) animal shows; (2) auctions; (3) carnivals; (4) circuses; (5) concerts; (6) fairs; (7) food booths; (8) games; (9) rides; (10) rodeos; (11) sales; or (12) similar activities. (g) (1) “Family” means one of the following, together with customary household helpers: (i) an individual; (ii) 2 or more people related by blood, marriage, adoption, or State-supervised foster care, living together as a single housekeeping unit in a dwelling unit; or (iii) a group of not more than 4 people, who need not be related, living together as a single housekeeping unit in a dwelling unit. (2) “Family” includes, with respect to those listed in paragraph (1)(i) or (ii) only, up to 2 roomers within the dwelling unit, as long as they share a common entrance and cooking and bathroom facilities. (3) “Family” does not include, in any case: (i) more than 4 unrelated people; or (ii) the occupants of a rooming house, a hotel or motel, or a fraternity or sorority house. (g-1) “Farmers market” means a public market where producers of raw agricultural products sell the products directly to the public. At least 50% of vendors must sell agricultural or food products. (h) “Financial institution” includes any bank, savings and loan association, credit union, mortgage company, or standalone automated teller machine. (i) “Fishing pier” means a fixed or floating platform that extends from the shore over the water and is used for fishing activities. (j) “Floor area: gross (GFA)” means the sum of the area of all floors of a structure, as measured from the outside faces of the exterior walls or from the centerlines of party walls. (k) “Floor area ratio (FAR)” means the gross floor area within a structure divided by the area of the lot. (l) “Food processing: Light” means an establishment for preparing, processing, canning, or packaging food and beverage products, where all these activities are within an enclosed structure and create no outside impacts. (m) See “Carry-out food shop”. (n) “Footcandle” means the unit of illumination that equals the illumination at all points 1 foot distant from a uniform light source of 1 candlepower. (o) “Forest and nature preserve” means an open space that preserves natural features and protects wildlife and critical environmental features. (p) (1) “Fraternity or sorority house” means a primarily residential structure for the housing of undergraduates of local colleges and universities by members of the same fraternal or sororal organization or association. (2) “Fraternity or sorority house” includes a structure with shared facilities or separate dwelling units under one roof. (q) “Freight terminal” means an establishment for receiving, transferring, or distributing freight for transport by rail, truck, or ship. (r) See “Lot line: Front”. (s) “Frontage” means the portion of a lot’s perimeter that: (1) coincides with the right of way line of an existing or dedicated public or private street or pedestrian way; (2) complies with the design requirements for streets and pedestrian ways; and (3) does not include any point or portion of perimeter coinciding with an alley, lane, or unimproved street. (t) (1) “Fuel station” means any premises or structure used for the retail sale of fuel, dispensed from fixed equipment into the fuel tanks of motor vehicles. (2) “Fuel station” includes: (i) the accessory sale of convenience items; (ii) an accessory freestanding self-service car wash; and (iii) electric charging stations. (u) (1) “Funeral home” means an establishment for preparing deceased individuals for burial or cremation and for conducting rituals before burial or cremation. (2) “Funeral home” includes: (i) chapels for viewing a deceased and for conducting rituals; and (ii) a crematorium. (v) See “Parking garage (principal use)”. “Parking garage (residential, detached)”. (w) “Gazebo” means a freestanding outdoor structure that is open-sided in design and not used for habitation. (x) See “Industrial: General”. (y) (1) “Golf course” means a tract of land that has holes for playing a game of golf. (2) “Golf course” includes the following as accessory uses: (i) a clubhouse; (ii) a driving range; (iii) restrooms; and (iv) shelters. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-181* ##### § 1-307 “Government facility” to “Industrial boat repair”. Balt., Md., Code art. 32, § 1-307 (2026) (a) (1) “Government facility” means a structure or land that is operated by a government agency. (2) “Government facility” includes agency offices, storage yards, public works facilities, recreation: indoor, and utility facilities that are operated by a government agency. (3) “Government facility” does not include a private detention center. (b) (1) “Greenhouse” means a structure that is: (i) devoted to the protection or cultivation of flowers or other tender plants; and (ii) constructed chiefly of glass, glass-like or translucent material, cloth, or lath. (2) “Greenhouse” includes a “high tunnel”, “hoop-house”, “cold-frame”, or similar structure. (c) See “Floor area: Gross”. (d) See “Health and fitness center”. (e) See “Amateur (ham) radio equipment”. (f) “Health-care clinic” means a facility for the examination and treatment of individuals on an outpatient basis by 1 or more physicians, dentists, chiropractors, physical therapists, or other licensed healthcare practitioners. (g) (1) “Health and fitness center” means a gym or other facility that: (i) is designed for physical fitness or weight reduction; and (ii) contains equipment, such as weight resistance machines, treadmills, stationary bicycles, whirlpools, saunas, showers, and lockers, for that purpose. (2) “Health and fitness center” includes the following accessory uses designed and intended primarily for patrons of the facility: (i) retail sales; and (ii) a restaurant or refreshment stands. (h) (1) “Heavy sales, rental, or service” means a sales, rental, or service establishment that maintains a service or storage area that is outdoors or in a structure that is only partially enclosed. (2) “Heavy sales, rental, or service” includes: (i) large-scale home improvement centers; (ii) industrial supply stores; (iii) lumberyards; (iv) heavy equipment parts, sales and rental; and (v) playground equipment, sales and rental. (i) (1) “Heliport” means a designated landing area for discharging or picking up passengers or goods by helicopter or similar vertical-lift aircraft. (2) “Heliport” includes terminal facilities for passengers, goods, aircraft servicing, or storage. (j) “Helistop” means an area of land, water, or structure that is used or intended to be used for the landing and take-off of helicopters or similar vertical-lift aircraft, but without facilities for servicing or basing these aircraft. (k) See “Seasonal or holiday sales lot”. (l) “Home occupation” means an occupation that: (1) is carried on in a dwelling unit by a resident of the dwelling unit; and (2) is secondary to the use of the dwelling unit for residential purposes. (m) (1) “Homeless shelter” means a facility that provides temporary housing to homeless or transient individuals. (2) “Homeless shelter” includes accessory services such as counseling or vocational training. (n) “Horse stable” means any structure or land within the City at or from which horses are boarded, bred, sold, or rented for riding, driving, or other purposes. (o) (1) “Hospital” means an institution that provides health services, primarily inpatient medical or surgical care for the sick or injured. (2) “Hospital” includes related facilities integral to the hospital, such as laboratories, outpatient centers, health-care clinics, helistops, training facilities, classrooms, staff offices, on-site medical waste and storage facilities, and central service facilities. (p) (1) In this section, “guest unit” means any room or group of rooms that forms a single habitable unit occupied or designed or intended to be occupied for sleeping or living purposes. (2) “Hotel” or “motel” means a building that: (i) is not a dwelling; (ii) contains 3 or more guest units occupied or designed or intended to be occupied by guests who, even though they might share common areas and facilities, do not form a single housekeeping unit and do not provide compensation under a single lease for occupancy of the facility; and (iii) offers lodging in these guest units to members of the general public. (3) “Hotel” or “motel” does not include a bed and breakfast or a rooming house. (q) “Housing Commissioner” or “Commissioner of Housing” means the Commissioner of Housing and Community Development or the Commissioner’s designee. (r) (1) “Impervious surface” means any surface that does not allow stormwater to infiltrate into the ground. (2) “Impervious surface” includes rooftops, driveways, sidewalks, and pavement. (3) “Impervious surface” does not include ballasted railroad tracks. (s) (1) “Incinerator” means a combustion unit that uses controlled flame combustion for the thermal destruction of solid waste, including municipal waste, industrial waste, hazardous waste, special medical waste, or sewage sludge. (2) “Incinerator” includes any: (1) infrared incinerator; or (2) plasma arc incinerator. (t) See “Entertainment: Indoor”. (u) See “Recreation: Indoor”. (v) See “Arts studio: Industrial”. (w) (1) “Industrial boat repair facility” means a facility with 5 or more slips (wet or dry) used solely for the manufacture, assembly, or repair of commercial or recreational watercraft. (2) “Industrial boat repair facility” does not include docking, storage, or sales of recreational watercraft. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: Ord. 22-181* *History: * *History: * ##### § 1-308 “Industrial: General” to “Lot: Interior”. Balt., Md., Code art. 32, § 1-308 (2026) (a) (1) “Industrial: General” means the processing, manufacturing, or compounding of materials, products, or energy, having impacts on the environment or significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards. (2) “Industrial: General” includes: (i) the storage of large volumes of toxic or highly flammable matter or explosives; and (ii) outdoor operations as part of the processing, manufacturing, or compounding process. (3) “Industrial: General” does not include or authorize any use prohibited by § 1-209 {“Uses prohibited citywide”} of this title. (b) (1) “Industrial: Light” means the processing, manufacturing, assembly, or compounding of materials or products, where: (i) all processing, fabrication, assembly, treatment, and packaging of products are contained entirely within a building; (ii) noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing process are confined within the building or otherwise minimized; and (iii) only minimal truck traffic is required for daily operations. (2) “Industrial: Light” includes incidental storage, sales, and distribution of products manufactured or stored on site. (3) “Industrial: Light” does not include or authorize any use prohibited by § 1-209 {“Uses prohibited citywide”} of this title. (c) (1) “Industrial: Maritime-dependent” means industrial uses with maritime-dependent facilities. (2) “Industrial: Maritime-dependent” includes: (i) facilities associated with marine terminals for the storage or intermodal transfer of goods transported in waterborne commerce; (ii) manufacturing facilities relying on the bulk receipt or shipments of goods by waterborne commerce; (iii) wharves, piers, docks, and storage facilities for the commercial fishing industry; (iv) dry docks and other facilities related to the construction, servicing, storage, maintenance, or repair of vessels and other marine structures; (v) facilities for tow boats, barges, dredges, ferries, commuter boats, water buses, water taxis, or other vessels engaged in waterborne commerce, port operations, or marine construction; and (vi) facilities that: (A) are educational in nature, including visitors centers, museums, and interpretive areas, indoor or outdoor; and (B) are substantially related to an existing industrial maritime-dependent use, whether on the same parcel or an adjacent parcel to that use. (d) See “Lot: Interior.” (e) See “Lot line: Interior-side.” (f) (1) (i) “Processed metal” means scrap metal that has been manually or physically altered either to separate it into distinct materials to enhance economic value or to improve the handling of materials. (ii) “Processed metal” includes: (A) scrap metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated; and (B) fines, drosses, and related materials that have been agglomerated. (2) “Junk or scrap storage and yards” means any premises used for any 1 or more of the following: (i) the commercial or industrial storage, temporary or otherwise, of unprocessed metal, processed metal, wastepaper, rags, or other junk; (ii) the purchase or sale, by weight across an on-site scale, of unprocessed metal, processed metal, wastepaper, rags, or other junk; or (iii) the sorting, baling, separating, shearing, shredding, or torch preparation of metal or any other form of scrap-metal processing, including automobile flattening and crushing. (g) (1) “Kennel” means a business or other entity where 3 or more dogs or cats over 6 months old are boarded or maintained by a person other than their owner, and boarding is the primary or principal function of the use. (2) “Kennel” does not include: (i) the premises of a feral cat caregiver, as defined in City Health Code § 10-101 {“Animal Control...: Definitons”}, unless 3 or more dogs or non-feral cats over six 6 months old are boarded or maintained on the premises; or (ii) an animal clinic, unless it engages in the boarding of healthy animals not then being treated or convalescing from treatment in the animal clinic. (h) (1) “Landfill: Industrial” means a facility for the disposal of inert, non-hazardous industrial materials that are not biodegradable and are not economically and beneficially reusable at the time of their disposal. (2) “Landfill: Industrial” does not include a facility for the disposal of: (i) household, commercial, or municipal solid waste; (ii) rubble; or (iii) land-clearing debris. (i) “ Landfill: Solid waste sanitary” means a facility for the disposal of primarily household, commercial, and municipal solid waste. (j) See “Food processing: Light”. (k) See “Industrial: Light”. (l) See “Entertainment: Live”. (m) “Lighting: Shielded” means a fixture that is shielded in a manner so that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture or a reflector, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. (n) “Lighting: Unshielded” means a fixture that allows light, either directly from the lamp or indirectly from the fixture or a reflector, to be emitted above the horizontal plane running through the lowest point on the fixture where light is emitted. (o) See “Dwelling: Live-Work”. (p) “Loading berth” means a space within a loading facility that: (1) is exclusively for the temporary parking of a commercial vehicle while loading or unloading goods or materials; and (2) adjoins a street, alley, or other appropriate means of access. (q) (1) “Lodge or social club” means a lodge or social club that: (i) has a limited membership, with members elected pursuant to its charter or bylaws; (ii) excludes the general public from its premises or place of meeting; (iii) is organized with officers and directors elected pursuant to its charter or bylaws; and (iv) holds all property for the common benefit of its members. (2) “Lodge or social club” includes: (i) a union hall; and (ii) a non-residential post-baccalaureate fraternity and sorority center. (3) “Lodge or social club” does not include an establishment that permits non-members to pay a temporary membership fee at the door in order to enter and use the premises. (r) “Lot” means a portion of land that: (1) is a lot of record; or (2) has been established as a lot by an approved subdivision plat. (s) “Lot area” means the area of a horizontal plane bounded by lot lines at grade. (t) “Lot: Corner” means a lot that is situated at the junction of and adjoins 2 or more intersecting streets. (u) “Lot coverage” means the portion of a lot that is occupied by buildings or other structures, including accessory structures, expressed as a percentage of total lot area. (v) “Lot: Interior” means a lot that is neither a corner lot nor a through lot. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-181* *History: * ##### § 1-309 “Lot line” to “Motel”. Balt., Md., Code art. 32, § 1-309 (2026) (a) “Lot line” or “property line” means the line bounding a lot. (b) “Lot line: Corner-side” means the lot line that: (1) is not a front lot line; and (2) coincides with: (i) the right-of-way line of an existing or dedicated public street; or (ii) where no public street exists, the right-of-way line of a public or private way. (c) “Lot line: Front” means the lot line that coincides with: (1) the right-of-way line of an existing or dedicated public street from which the property derives its address; or (2) where no public street exists, the right-of-way line of a public or private way from which the property derives its address. (d) “Lot line: Interior-side” means a lot line that does not adjoin a street and is not a rear lot line. (e) “Lot line: Rear” means the lot line that is most distant from and opposite the front lot line. (f) (1) “Lot line: Side” means a lot line that is neither a front lot line nor a rear lot line. (2) “Lot line: Side” includes an interior-side lot line and a corner-side lot line. (g) “Lot: Through” means a lot that extends between 2 streets (but not alleys) with vehicular access on both streets. (h) “Lot width” means the horizontal distance between side lot lines, as measured along the front lot line. (h-1) (1) “Lounge” means a business establishment that: (i) is open to the general public; (ii) is designed or operated primarily to accommodate social gatherings; and (iii) does not serve or permit the on-site consumption of alcohol. (2) “Lounge” does not include any of the following uses: (i) adult use; (ii) banquet hall; (iii) carry-out food shop; (iv) entertainment: indoor; (v) entertainment: live; (vi) lodge or social club; or (vii) restaurant. (i) “Luminaire” means a complete lighting unit that extends from a support structure, parallel to the ground, and consists of a light source and all necessary mechanical, electrical, and decorative parts. (j) “Marina” means any facility designed to moor, berth, launch, or store 5 or more watercraft, whether as a principal use or an accessory use. (k) “Marina: Accessory” means a marina that is used exclusively for the benefit of the occupants of properties within 300 feet of a marina entrance. (l) “Marina: Dry storage” means a marina that provides for the long-term dry storage of recreational watercraft in racks or other storage systems. (m) “Marina: Recreational” means a facility that provides for the lease or purchase of 5 or more in-water moorings, wet slips, or dry docking for recreational watercraft. (n) “Marina entrance” means the point at which pedestrian access is provided from land to marina docks. (o) “Marine terminal” means that part of a port or harbor with facilities for docking, cargo-handling, and storage. (p) See “Industrial: Maritime-dependent”. (q) See “Comprehensive Master Plan”. (r) (1) “Materials recovery facility” means, except as provided in paragraph (2) of this subsection, a facility that: (i) collects, sorts, grades, or processes solid waste to remove recyclable and reusable materials such as paper, cans, aluminum scrap, metal, glass, and plastics; or (ii) processes solid waste to alter its volume or its chemical or physical characteristics to produce a marketable product. (2) “Materials recovery facility” does not include: (i) any facility that is licensed by the State or City as a junk dealer, scrap-metal processor, or scrap-metal dealer; or (ii) any junk or scrap storage and yard. (s) See “Health-care clinic”. (t) (u) (1) “Mini-warehouse” means a facility in which: (i) renters store and control personal property in individual storage spaces; and (ii) no commercial transactions are conducted, other than the rental of storage units. (2) “Mini-warehouse” includes accessory outdoor storage and retail sales of packing, moving, and storage supplies. (v) See “Hotel; motel”. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 17-056* *History: Ord. 18-216* ##### § 1-310 “Motor vehicle” to “Owner”. Balt., Md., Code art. 32, § 1-310 (2026) (a) “Motor vehicle” means: (1) a motor vehicle, as defined in §11-135 {“Motor vehicle”} of the Maryland Vehicle Law; (2) a moped, as defined in §11-134.1 {“Moped”} of the Maryland Vehicle Law; and (3) a motor scooter, as defined in §11-134.5 {“Motor scooter”} of the Maryland Vehicle Law. (b) (1) “Motor vehicle dealership” means an establishment that sells or leases new or used motor vehicles. (2) “Motor vehicle dealership” includes: (i) the maintenance, either on-site or at a nearby location, of an inventory of motor vehicles held for sale or lease; and (ii) on-site facilities for the repair and service of vehicles sold or leased by the dealership. (c) (1) “Motor vehicle operations facility” means a privately-owned facility for the dispatch, storage, fueling, and maintenance of emergency medical care vehicles, public utility vehicles, taxicabs, and other livery vehicles. (2) “Motor vehicle operations facility” does not include a facility in which vehicles for fire, police, or other municipal agencies are stored or maintained or from which these vehicles are dispatched. (d) (1) “Motor vehicle rental establishment” means an establishment that rents motor vehicles. (2) “Motor vehicle rental establishment” includes facilities for servicing rental vehicles. (e) (1) “Motor vehicle service and repair: Major” means an establishment that is engaged in major repairs to motor vehicles, such as: (i) engine rebuilding; (ii) major reconditioning of worn or damaged motor vehicles or trailers; (iii) towing services; (iv) collision services, including body, frame, or fender repair or straightening; or (v) painting. (2) “Motor vehicle service and repair: Major” includes an accessory car wash. (f) (1) “Motor vehicle service and repair: Minor” means an establishment that is engaged in minor repairs to motor vehicles, such as: (i) repair or replacement of cooling, electrical, fuel, and exhaust systems; (ii) brake adjustments, relining, and repairs; (iii) wheel alignment, balancing, and servicing; (iv) repair and replacement of shock absorbers; and (v) replacement or adjustment of mufflers, tail pipes, hoses, belts, light bulbs, fuses, windshield wipers, grease retainers, and wheel bearings. (2) “Motor vehicle service and repair: Minor” includes an accessory car wash. (3) “Motor vehicle service and repair: Minor” does not include the servicing or repair of commercial vehicles. (g) (1) “Movie studio” means facilities for the production of motion pictures. (2) “Movie studio” includes stages, exterior sets, film laboratories, sound recording facilities, construction, repair, and storage facilities, caretaker’s and other temporary dwellings, related commercial vehicles, and accessory fabrication activities. (h) See “Dwelling: Multi-family”. (i) See “Age-restricted multi-family dwelling”. (j) “Neighborhood commercial establishment” means a non-residential use that is within a residential or office-residential zoning district, but in a structure that: (1) is non-residential in its construction and original use; or (2) has received prior zoning approval for a non-residential use, as evidenced by permits, construction, or historical evidence of lawful non-residential use. (k) “Nonconforming lot” has the meaning stated in § 18-201 {“Nonconformities: Definitions”} of this Code. (l) “Nonconforming structure” has the meaning stated in § 18-201 {“Nonconformities: Definitions”} of this Code. (m) “Nonconforming use” has the meaning stated in § 18-201 {“Nonconformities: Definitions”} of this Code. (n) (1) “Nursery” means a business whose principal activity is the sale of plants grown on site. (2) “Nursery” includes: (i) outside storage, growing, or display; and (ii) a greenhouse. (o) (1) “Office” means an establishment that engages in the processing, manipulation, or application of business information or professional expertise, whether or not it offers services to the public. (2) “Office” does not include: (i) a facility for fabricating, assembling, repairing, or warehousing physical products for the retail or wholesale market; or (ii) a data center. (p) See “Parking: Off-street”. (q) See “Parking: On-street”. (r) “Outdoor dining” means an outdoor seating area that adjoins a restaurant or carry-out food shop and is used by patrons to consume food or drinks. (s) “Outdoor sales and display” means the outdoor sale or display of goods on part of a lot as an accessory to the principal use of the lot. (t) See “Recreation: Outdoor”. (u) (1) “Outdoor storage” means any storage of goods, material, merchandise, or equipment other than within an enclosed building. (2) “Outdoor storage” includes incidental maintenance and repair of that which is being stored. (v) (1) “Outdoor storage yard” means a lot the principal or accessory use of which is the storage, other than within an enclosed building, of any material for longer than 24 hours. (2) “Outdoor storage yard” includes all storage, whether for sale, lease, processing, or repair. (w) (1) “Owner” means any person that: (i) has a legal or equitable interest in the property; (ii) is recorded in the land records as holding title to the property; or (iii) otherwise has control of the property, with or without accompanying possession of the property. (2) “Owner” includes: (i) a guardian of the person or property of an owner; (ii) a trustee of an owner’s property, including a trustee in bankruptcy; or (iii) a personal representative of an owner’s estate. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: * ##### § 1-311 “Parapet” to “Processed metal”. Balt., Md., Code art. 32, § 1-311 (2026) (a) “Parapet” means the extension of a false front or wall above a roof-line. (b) “Parking” means the parking, storage, housing, or keeping of a motor vehicle, whether self-service or valet-service, long-term or short-term, ticketed or metered, for special events only, or otherwise. (c) “Parking garage (principal use)” means a structure the principal use of which is to provide off-street parking for motor vehicles, whether for compensation or not. (d) “Parking garage (residential, detached)” means a structure, adjacent to but detached from a dwelling, for the off-street parking of motor vehicles, with no commercial operations. (e) “Parking lot” means an open area the principal use of which is to provide off-street parking for operable motor vehicles, whether for compensation or not. (f) “Parking: Off-street” means parking spaces for motor vehicles on premises other than a street or other right-of way. (g) “Parking: On-street” means parking spaces for motor vehicles located on a street or other right-of-way. (h) “Parking space” means a designated area, whether open or enclosed, that is used for the parking of a motor vehicle. (i) (1) “Park” or “playground” means a non-commercial facility that serves the reflective and recreational needs of residents and visitors. (2) “Park” or “playground” includes: (i) ball fields and basketball courts; (ii) exercise stations; (iii) skateboarding areas; (iv) pet areas; (v) hiking and biking trails; (vi) stream and lake areas; (vii) forest and meadowland areas; (viii) reflective, historical, cultural, and educational areas; and (ix) structures that have indoor recreation facilities. (j) “Party wall” means a wall that: (1) extends from the foundation continuously through all stories to or above the roof; (2) separates 1 building from another; and (3) is in joint use by each building. (k) (1) “Passenger terminal” means a facility or location the principal use of which is handling, receiving, and transferring passenger traffic. (2) “Passenger terminal” includes terminals for aircraft, train, bus, and watercraft passengers. (l) “Pawn shop” means a business that: (1) lends money on the deposit or pledge of personal property or other items of value, other than securities or printed evidences of indebtedness; or (2) purchases personal property or other items of value, subject to the seller’s option to buy them back at a stipulated price. (m) See “Use: Permitted” (n) (1) “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. (2) Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person”also includes, except as used in Title 19, Subtitle 2 {“Enforcement”} of this Code for the imposition of civil or criminal penalties, a governmental entity or an instrumentality or unit of a governmental entity. (o) (1) “Personal services establishment” means an establishment that provides recurrent needed services of a personal nature. (2) Typical examples of a “personal services establishment” include: (i) beauty shops, including micro-blading services, and barbershops; (ii) tanning salons; (iii) animal grooming establishments; (iv) electronics repair shops; (v) laundromats, dry cleaners, and tailors; and (vi) certified massage therapists or similar licensed professionals. (p) (1) “Place of worship” means a building, together with its accessory buildings and uses, where individuals regularly assemble for religious purposes and related social events. (2) “Place of worship” includes: (i) group housing for individuals under religious vows or in religious orders; and (ii) accessory programs that provide care for children or for elderly or functionally impaired adults. (q) “Planning Director” or “Director of Planning” means the Director of the Department of Planning, as appointed under City Charter Article VII, § 73, or the Director’s designee. (r) See “Park; Playground”. (s) “Porch” means a structure that projects from the exterior wall of a building, has direct access to the street level of the building, and may be covered by a roof or eaves. (t) See “Building: Principal”. (u) See “Use: Principal”. (v) (1) “Printing establishment” means a facility for the reproduction of written or graphic materials on a custom-order basis for individuals or businesses. (2) Typical examples of a “printing establishment” include: (i) photocopying; (ii) blueprinting; (iii) offset printing; and (iv) facsimile sending and receiving. (w) (1) “Private detention center” means any building, facility, or structure that: (i) is owned or operated by a private, nongovernmental entity pursuant to an agreement with a federal, state, or local government entity; and (ii) is used, in whole or in part, to house or detain an individual, at the direction of a government agency: (A) prior to trial sentencing; (B) during the term of the individual’s sentence; (C) for a federal immigration violation; or (D) for another judicial or administrative process or proceeding. (2) “Private detention center” does not include a residential-care facility. (x) “Private pier” means facilities with 4 or fewer slips, used exclusively for private, recreational purposes by the owner and the owner’s guests. (y) See “Junk or scrap storage and yards”. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-125* *History: 22-181* *History: * ##### § 1-312 “Property line” to “Roof deck”. Balt., Md., Code art. 32, § 1-312 (2026) (a) See “Lot line”. (b) (1) “Public use area”, as it applies to the calculation of off-street parking requirements, means areas within a structure that are accessible to the public. (2) “Public use area” includes areas such as display areas, restrooms, dining rooms, and bar seating. (c) (1) “Racetrack” means a measured course where animals or automobiles are entered in competition against one another or against time. (2) “Racetrack” includes: (i) tracks used only for training purposes; and (ii) the following accessory uses designed and intended primarily for patrons of the facility: (A) a gift or souvenir shop; and (B) a restaurant or refreshment stands. (d) See “Lot line: Rear”. (e) (1) “Recreation: Indoor” means predominantly participant recreational activities or games of skill that are conducted within a wholly enclosed building. (2) “Recreation: Indoor” includes: (i) bowling alleys, pool halls, indoor miniature golf courses, indoor child’s play facilities, amusement arcades, indoor tennis courts, indoor swimming pools, and other similar facilities; and (ii) the following accessory uses designed and intended primarily for patrons of the facility: (A) a gift or souvenir shop; and (B) a restaurant or refreshment stands. (3) “Recreation: Indoor” does not include indoor entertainment. (f) (1) “Recreation: Outdoor” means predominantly participant recreational activities or games of skill that are not conducted within a wholly enclosed building. (2) “Recreation: Outdoor” includes: (i) miniature golf courses, swimming pools, tennis courts, ball fields, skateboard parks, and other similar facilities; and (ii) the following accessory uses designed and intended primarily for patrons of the facility: (A) a gift or souvenir shop; and (B) a restaurant or refreshment stands. (3) “Recreation: Outdoor” does not include: (i) parks or playgrounds; (ii) golf courses or driving ranges; or (iii) outdoor entertainment. (g) “Recreational boat launch” means a designated area at which: (1) recreational watercraft may be launched; or (2) transient watercraft may tie up, be launched, or have repairs made for less than 1 week at a time. (h) See “Marina: Recreational”. (i) (1) “Recreational vehicle” means a vehicle that: (i) is designed or intended as a temporary dwelling for travel, recreational, or vacation use; and (ii) is self-propelled or mounted on or pulled by another vehicle. (2) “Recreational vehicle” includes a travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer, boat, or van. (j) (1) “Recreational vehicle dealership” means an establishment that sells or leases new or used recreational vehicles. (2) “Recreational vehicle dealership” includes: (i) the maintenance, either on-site or at a nearby location, of an inventory of vehicles held for sale or lease; and (ii) on-site facilities for the repair and service of vehicles sold or leased by the dealership. (k) (1) “Recyclable materials” means materials that can be collected, separated, or processed and returned to the marketplace in the form of raw materials or products. (2) “Recyclable materials” includes paper, cans, aluminum, metal, glass, and plastics. (l) (1) (i) “Recyclable materials recovery facility” means, except as provided in paragraph (2) of this subsection, a facility that collects, sorts, grades, or processes recyclable, source-separated material. (ii) Processing at these facilities is limited to pressing, crushing, cutting, baling, and other preparations of materials for shipping. (2) “Recyclable materials recovery facility” does not include: (i) any facility that is licensed by the State or City as a junk dealer, scrap metal processor, or scrap metal dealer; or (ii) any junk or scrap storage and yard. (m) (1) “Recycling” mean any process by which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products. (2) “Recycling” includes composting. (n) (1) “Recycling and refuse collection facility” means a facility the primary purpose of which is: (i) the collection, storage, and transference of solid waste and yard waste; and (ii) the collection, storage, processing, and transference of recyclables. (2) “Recycling and refuse collection facility” does not include any: (i) incinerator; (ii) junk or scrap storage and yard; (iii) sewage treatment facility; (iv) solid waste sanitary landfill; or (v) vehicle dismantling facility. (o) (1) “Research and development facility” means an establishment where research and development activities are conducted in various disciplines, including biotechnology, pharmaceuticals, medical instrumentation or supplies, communication and information technology, electronics and instrumentation, and computer hardware and software. (2) “Research and development facility” includes, as an accessory use, the manufacture, fabrication, processing, or sale of products developed on the same lot as the establishment. (3) “Research and development facility” does not include: (i) the manufacture, fabrication, processing, or sale of products as a primary use; or (ii) a data center. (p) “Residential-care facility” means a group care or similar facility for the 24-hour medical or non-medical care of individuals in need of personal services, supervision, or assistance essential to sustain activities of daily living, or to protect the individual. (q) See “Age-restricted residential-care facility”. (r) (1) “Resource recovery facility” means, except as provided in paragraph (2) of this subsection, a facility that: (i) processes solid waste to produce valuable resources, such as steam, electricity, or refuse-derived fuel; and (ii) achieves a volume reduction of at least 50% of the waste that is being processed. (2) “Resource recovery facility” does not include: (i) any facility that processes hazardous materials; (ii) any facility that is licensed by the State or City as a junk dealer, scrap metal processor, or scrap metal dealer; or (iii) any junk or scrap storage and yard. (s) (1) “Restaurant” means an establishment at which: (i) food and drinks are provided to the public, primarily for on-premises consumption by seated patrons; and (ii) if the establishment also serves alcoholic beverages: (A) a full menu of food and drinks is prepared primarily on premises; and (B) annually, the average daily receipts from the sale of food exceeds 50% of the establishment’s total average daily receipts, not including sales of novelty items, income from vending machines, cover charges, or other receipts not derived from the sale of food or beverages. (2) “Restaurant” does not include a carry-out food shop. (t) “Retail: Big Box Establishment” means any single-use commercial building, whether stand-alone or within a multi-building development, which single-use building occupies at least 75,000 square feet of gross floor area. (u) (1) “Retail goods establishment” means an establishment that sells goods, wares, or other merchandise directly to consumers. (2) “Retail goods establishment”, as applied to a delicatessen, bakery, grocery, or similar establishment that sells ready-to-eat food products, includes incidental seating areas for consumption of food on the premises. (3) “Retail goods establishment” does not include any heavy sales, rental, or service establishment. (v) (1) “Retail: Small Box Establisment” means a retail store that: (i) has a floor area of more than 5,000 square feet and less than 12,000 square feet; and (ii) offers for sale assorted convenience and consumer shopping goods, the majority of which do not exceed $5.00 per item or its equivalent, as adjusted for inflation since the year 2025. (2) “Retail: Small Box Establisment” does not include: (i) a grocery store, whose primary business is selling food at retail to the general public for off-premises consumption, of which at least 20% of the gross receipts must be derived from the retail sale of fresh produce, meats, and dairy products; (ii) a store that contains a pharmacy where prescription drugs are compounded, dispensed, or distributed; (iii) a fuel station, as otherwise permitted in this Code; (iv) a retail store where the majority of the products sold are personal hygiene products or cosmetics; (v) a store that primarily engages in the resale of used consumer goods. (w) (1) “Right-of-way” means land dedicated for use as a public way. (2) “Right-of-way” includes the roadway and, generally, the curbs, parkways, sidewalks, lighting facilities, and drainage facilities. (x) “Roof deck” means a roofless outdoor platform that is constructed on the roof of a structure and connected to the roof by structural supports. *History: Ord. 16-581* *History: Ord. 17-015* *History: * *History: * *History: * ##### § 1-313 “Roofline” to “Substantial construction”. Balt., Md., Code art. 32, § 1-313 (2026) (a) “Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections. (b) (1) In this section, “rooming unit” means any room or group of rooms that forms a single habitable unit occupied or designed or intended to be occupied for sleeping or living purposes, but not for cooking purposes. (2) “Rooming house” means a building that: (i) is not a dwelling; (ii) contains 3 or more rooming units occupied or designed or intended to be occupied as a primary residence by individuals who, even though they do share common areas and facilities, do not form a single housekeeping unit and do not provide compensation under a single lease for occupancy of the facility; and (iii) provides shared facilities such as a kitchen and bath. (c) See “Dwelling: Rowhouse”. (d) “Satellite dish antenna” means a dish antenna for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication, or other signals from satellites or from other antennas or services. (e) “Seasonal or holiday sales lot” means a temporary retail sales operation, generally conducted outdoors, that offers for sale seasonal or holiday related items, such as Christmas trees and pumpkins. (f) See “Dwelling: Semi-detached”. (g) “Shared-use path” means a dedicated way that: (i) has a paved or hard surface; (ii) is designed for individual travel or recreational use; (iii) accommodates walking, running, biking, use of a mobility device, scooter, or other recreational vehicle; and (iv) is not for vehicular traffic (h) See “Lighting: Shielded”. (i) “Shipyard” means any facility or area that is designed or used for the manufacture, assembly, or repair of ships, barges, or boats. (j) See “Lot line: Side”. (k) (1) “Sign” means any writing (including letter, word, or numeral), pictorial representation (including illustration or graphic), emblem (including logo, symbol, or trademark), device, or any other figure of similar character that: (i) is attached to, painted on, projected on, or in any other way represented on a structure, in or on a window (including anything affixed to the interior and displayed within 12 inches of a window), or on the ground; (ii) is used to announce, direct attention, or advertise; and (iii) is visible from outside a structure. (2) Specific types of signs are as described in § 17-102 {“Signs: Definitions”} of this Code. (l) “Significant development”, as it applies to the Chesapeake Bay Critical Area, has the meaning stated in § 7-402 {“CBCA Overlay: Definitions”} of this Code. (m) (1) “Smoke shop” means a retail goods establishment that: (i) is engaged in the retail sale or on-site consumption of tobacco products, tobacco smoking accessories, any device or paraphernalia that can be used to deliver nicotine or other substances to the individual inhaling from the device, or any cartridge, component, or accessory of the device; and (ii) operates under 1 or more of the following licenses established by the State Business Regulation Article: (A) other tobacco products (OTP) retailer, as established by § 16.5-201 {“Licenses Required Relating to Tobacco Products”}; (B) electronic smoking devices retailer, as established by § 16.7-201 {“License Required”}; (C) vape shop vendor, as established by § 16.7-201 {“License Required”}; (D) a cigarette retailer, as established by Subtitle 2 of Title 16 {“Cigarette Business Licenses”}; or (E) a tobacconist license, as established by § 16.5-201 {“Licenses Required Relating to Tobacco Products”} of the State Business Regulation Article; and (iii) devotes more than 10 linear feet of display area, measured by shelf space, counter space, and wall-mounted displays, whether vertical or horizontal, to: (A) other tobacco products, as defined by § 16.5-101(j) of the State Business Regulation Article; (B) electronic smoking devices, as defined by § 16.7-101(c) of the State Business Regulation Article; or (C) a combination of both tobacco products and electronic smoking devices. (2) “Smoke shop” does not include a retail goods establishment: (i) that primarily derives its revenue from the sale of premium cigars, pipe tobacco, membership fees, or locker rentals; or (ii) where the sale of tobacco products is secondary to the establishment’s primary retail function and less than 25% of the establishment’s revenue is derived from the sale of tobacco products. (n) See “Lodge or social club”. (o) See “Landfill: Solid waste sanitary”. (p) See “Use: Conditional”. (q) (1) “Stadium” means a structure with tiers of seats rising around a field or court, intended to be used: (i) primarily for the viewing of athletic events; and (ii) secondarily, for entertainment and other public gathering purposes, such as conventions, circuses, or concerts. (2) “Stadium” includes the following accessory uses designed and intended primarily for patrons of the facility: (i) a gift or souvenir shop; and (ii) a restaurant or refreshment stands. (r) “Stacking space” means a space specifically designated as a waiting area for vehicles patronizing a drive-through establishment. (s) “Stormwater” means the water running off the surface of a drainage area during and immediately following rain or as a result of other precipitation. (t) “Story” means that portion of a building, other than a basement, that is: (1) included between the surface of any floor and the surface of the floor next above it; or (2) if there is no floor above it, then the space between the floor and the ceiling next above it. (u) “Structural alteration” means: (1) a change in the permanent physical members of a structure, such as bearing walls, columns, beams, or girders; or (2) any substantial change in the roof or in the exterior walls. (v) (1) “Structure” means all or any part of anything erected that: (i) has a fixed location on the ground; or (ii) is attached to something having a fixed location on the ground. (2) “Structure” includes any building, fence, wall, sign, or tower. (w) See “Accessory structure”. (x) “Substantial construction” means: (1) for new construction, that construction materials have been placed in permanent positions or fastened in a permanent manner; or (2) in preparation for rebuilding, that excavation, demolition, or removal of an existing structure has been substantially begun and is carried on diligently. *History: Ord. 16-581* *History: Ord. 18-216* *History: Ord. 22-125* *History: * *History: * ##### § 1-314 “Tavern” to “Wholesale Goods”. Balt., Md., Code art. 32, § 1-314 (2026) (a) “Tavern” means a business establishment that: (1) is devoted primarily to serving alcoholic beverages to the public for on-premises consumption; and (2) might or might not also: (i) serve food; and (ii) sell alcoholic beverages for off-premises consumption. (b) See “Lot: Through”. (c) “Transparency”, when used in reference to a building’s facade, means the percentage of the facade that consists of glass. (d) (1) “Truck repair” means an establishment that is engaged in the repair and servicing of trucks. (2) In this subsection, “truck” means a commercial vehicle of more than 10,000 pounds gross vehicle weight. (e) (1) “Truck stop” means a facility primarily for the retail sale of fuel for commercial vehicles. (2) “Truck stop” includes: (i) incidental repair or servicing of commercial vehicles; and (ii) facilities for parking and for drivers to eat and rest. (f) “Truck terminal” means a facility primarily: (1) to accommodate the transfer of goods to trucks, truck trailers, or other vehicles; or (2) to accommodate the parking or storage of commercial vehicles or trailers. (g) See “Lighting: Unshielded”. (h) (1) “Urban agriculture” means the cultivation, processing, and marketing of food, with a primary emphasis on operating as a business enterprise. (2) (i) “Urban agriculture” includes: (A) animal husbandry; (B) aquaculture; (C) agro-forestry; (D) vineyards and wineries; and (E) horticulture. (ii) “Urban agriculture” might involve the use of: (A) intensive production methods; (B) structures for extended growing seasons; (C) on-site sale of produce; and (D) composting. (i) “Use” means: (1) any purpose for which land or a structure is used, occupied, or intended to be used or occupied; and (2) any activity, occupation, business, or operation that is carried out on land or in a structure. (j) See “Accessory use”. (k) “Use: Conditional” means a use that: (1) may be authorized by the Board of Municipal and Zoning Appeals or, if required by this Code, by Ordinance of the Mayor and City Council as a special exception under the State Land Use Article; and (2) is subject to review and approval by the Board of Municipal and Zoning Appeals or by the Mayor and City Council, as the case may be, and the imposition of conditions or restrictions under this Code. (k-1) See “Dwelling: Single-family”. (l) “Use: Permitted” means a use allowed in a zoning district without the need for special administrative review and approval, as long as it conforms to all the applicable requirements and standards of this Code. (m) “Use: Principal” means the main use of land or a structure, as distinguished from an accessory use. (n) “Utilities” includes: (1) natural gas lines, power lines, alternative energy systems, steamlines, telephone lines, cable television lines, fiber optic lines, and other communication lines; (2) above ground private utility structures, such as pedestals for cable wire access or other access points for underground infrastructure (communications wiring or fiber optic); (3) appurtenances and components of these; and (4) the operation, maintenance, repair, and replacement of these. (o) (1) “Vehicle dismantling facility” means an establishment for the buying, selling, trading, storing, or otherwise dealing in vehicles for the purpose of dismantling the vehicles and buying, selling, storing, or trading their integral parts or component materials. (2) “Vehicle dismantling facility” includes pull-or-pick-apart facilities, salvage pools, salvage auctions, and businesses and individuals that handle salvage vehicles. (p) (1) “Video lottery facility” means a facility that has been awarded a Video Lottery Operation License by the Maryland Video Lottery Location Commission under State Government Article, Title 9, Subtitle 1A. (2) “Video lottery facility” includes: (i) the permitted number of video lottery terminals; (ii) associated food and beverage operations; (iii) associated live entertainment and dancing; and (iv) associated parking facilities located on adjacent lots. (q) See “Educational facility: Commercial-vocational”. (r) “Warehouse” means a facility for the storage and distribution of products, supplies, and equipment. (s) “Water-dependent facilities”, as it applies to the Chesapeake Bay Critical Area, has the meaning stated in § 7-402 {“CBCA Overlay: Definitions”} of this Code. (t) (1) “Waterfreight terminal” means a facility used for waterborne commodities. (2) “Waterfreight terminal” includes docks, piers, wharves, storage sheds, and rail and truck facilities that service or relate to, a waterfreight terminal. (u) (1) “Wholesale goods establishment” means a facility primarily engaged in: (i) selling or distributing merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or (ii) acting as an agent or broker and buying merchandise for, or selling merchandise to, businesses of the sort listed. (2) “Wholesale goods establishment” includes the following accessory uses: (i) a showroom for the display of items stored on-site; and (ii) retail sales to the public. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 20-350* ##### § 1-315 “Yard” to “Zoo”. Balt., Md., Code art. 32, § 1-315 (2026) (a) “Yard”, when used with respect to required yards, means the space between a building and the adjoining lot lines that, except as otherwise permitted by this Code, is unoccupied, open, and unobstructed by any part of a structure from the ground to the sky. (b) “Yard: Corner-side”, when used with respect to required yards, means the yard that extends along the corner-side lot line between the front yard and the rear lot line for the required minimum depth, as specified for the district in which the lot is located, measured perpendicular to the corner-side lot line. (c) “Yard: Front”, when used with respect to required yards, means the yard that extends the full width of the lot between side lot lines for the required minimum depth, as specified by the zoning district in which the lot is located, measured perpendicular to the front lot line. (d) “Yard: Interior-side”, when used with respect to required yards, means the yard that extends along an interior-side lot line, between the front and rear yards, for the required minimum depth, as specified for the district in which the lot is located, measured perpendicular to the interior-side lot line. (e) “Yard: Rear”, when used with respect to required yards, means the yard that extends between the side lot lines for the required minimum depth, as specified by the zoning district in which the lot is located, measured perpendicular to the rear lot line. (f) “Zoning Administrator” or “Administrator” means the executive head of the Office of Zoning Administrator, as established under § 3-201 {“Zoning Administrator”} of this Code, or the Administrator’s designee. (g) “Zoning Board” or “BMZA” means the Board of Municipal and Zoning Appeals, as established in City Charter Article VII, § 82. (h) (1) “Zoo” means a facility in which animals are exhibited or displayed to the public. (2) “Zoo” includes the following accessory uses designed and intended primarily for patrons of the facility: (i) a gift or souvenir shop; and (ii) a restaurant or refreshment stands. *History: Ord. 16-581* *History: Ord. 17-015* ### Title 2 – Purpose, Applicability, Short Title #### Subtitle 1 – Purpose of Code ##### § 2-101 Purpose of Code. Balt., Md., Code art. 32, § 2-101 (2026) This Code is intended to serve the following purposes: (1) to execute the powers and duties vested in the City of Baltimore by the State Land Use Article; (2) to promote and protect public health, welfare, and quality of life for current and future generations; (3) to ensure that the visions set forth in the City’s Comprehensive Master Plan are implemented by land use regulations consistent with the goals set forth; (4) to promote the principles and standards enacted in the Baltimore City Sustainability Plan; (5) to protect the physical environment and public natural resources for all residents; (6) to preserve and enhance the value of structures, communities, and neighborhoods; (7) to preserve, protect, and promote the City’s employment base; and (8) to provide oversight and planning to sustain the healthy growth of the City’s employment centers. *History: Ord. 16-581* #### Subtitle 2 – Applicability ##### § 2-201 Application of Code. Balt., Md., Code art. 32, § 2-201 (2026) (a) Except as provided in § 2-202 {“Exempt utility and governmental uses”} of this subtitle, this Code applies to all land, uses, and structures within the corporate limits of Baltimore City. (b) (1) No structure or land, in whole or in part, may be used or occupied, and no structure, in whole or in part, may be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless it conforms to the provisions of this Code. (2) Conformance with the requirements of this Code does not obviate the need for other permits or licenses. (c) Failure to comply with the Baltimore City Design Manual is a violation of this Code. (d) Failure to comply with the Baltimore City Landscape Manual is a violation of this Code. (e) (1) This Code is not intended to nullify any private agreement or covenant. (2) However, where this Code is more restrictive than a private agreement or covenant, this Code controls. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 2-202 Exempt utility and governmental uses. Balt., Md., Code art. 32, § 2-202 (2026) Notwithstanding § 2-201 {“Application of Code”} of this subtitle, this Code does not apply to the following uses and structures, unless otherwise specifically provided in this Code: (1) overhead electric distribution cables and telephone lines; (2) underground utility lines and equipment; (3) conduits, vaults, pipeline laterals, and mains; (4) traffic signals and government-owned signs; (5) similar installations and equipment or accessories of a public utility or governmental service; (6) public transit shelters; (7) car- and bike-sharing facilities; (8) automobile charging stations, whether electric or solar; (9) any installation, structure, equipment, or accessory that is owned by a government entity and located in a public right-of-way; (10) any installation, structure, equipment, or accessory that is located in a public right- of-way and granted a franchise by Ordinance of the Mayor and City Council; and (11) any installation, structure, equipment, or accessory that is used by a government entity for internet or telecommunications and located on public property. *History: Ord. 17-015* *History: Ord. 22-181* ##### § 2-203 Transition rules. Balt., Md., Code art. 32, § 2-203 (2026) (a) In determining the applicability of this Code to structures or uses previously governed under other zoning regulations, the following rules apply. (b) A structure or use that was unlawful at the time this Code became effective (June 5, 2017): (1) does not become lawful solely by the adoption of this Code or any amendment to it; and (2) even if made lawful by this Code or an amendment to it, remains unlawful to the extent that the structure or use conflicts with any of the requirements of this Code or of the Baltimore City Building, Fire, and Related Codes Article, including any failure to obtain the necessary use permit and occupancy permit. (c) (1) If a preexisting permitted use is reclassified by this Code or an amendment to it as a conditional use for the Zoning District in which it is located, that use may be continued as a lawful conditional use, subject to the conditions and restrictions previously imposed on it by law or regulation. (2) Any subsequent change to that use must be approved in the manner of the original approval and is subject to the procedural and substantive requirements imposed by this Code on conditional uses. (d) (1) If a preexisting nonconforming use is reclassified by this Code or an amendment to it as a permitted or conditional use for the zoning district in which it is located, that use may be continued as a lawful permitted or conditional use, as the case may be. (2) Any subsequent change to that use must be approved in the manner of the original approval, subject to this Code and, if a conditional use, to the procedural and substantive requirements imposed by this Code on conditional uses. (e) If a preexisting lawful use is reclassified by this Code or an amendment to it so that the use is no longer a permitted or conditional use in the zoning district in which it is located, that use may be continued as a lawful nonconforming use, subject to the requirements and limitations imposed by Title 18 {“Nonconformities”} of this Code. (f) If a preexisting lawful structure does not meet all standards newly set forth by this Code or an amendment to it, that structure may be continued as a lawful nonconforming structure, subject to the requirements and limitations imposed by Title 18 {“Nonconformities”} of this Code. (g) If a preexisting lawful lot does not meet all standards newly set forth in this Code or an amendment to it, that lot may be continued as a lawful nonconforming lot, subject to the requirements and limitations imposed by Title 18 {“Nonconformities”} of this Code. (h) For planned unit developments established before June 5, 2017, transition rules are set forth in § 13-102 {“Transition rules”} of this Code. (i) If a building permit for a structure was issued before June 5, 2017, or before the effective date of any relevant amendment to this Code and if substantial construction has occurred within 180 days of the issuance of that permit, the structure may be completed in accordance with the plans on the basis of which the building permit was issued. (j) (1) All variances and conditional uses granted before June 5, 2017, or before the effective date of any relevant amendment to this Code remain effective, and the recipient of the variance and conditional use may proceed to develop the property in accordance with the approved plans. (2) However, if the recipient fails to act timely on the variance or conditional use, as required by § 5-309 {“Expiration of approval”} or § 5-407 {“Expiration of approval”} of this Code, the provisions of this Code govern and the approval is invalid. (3) Any subsequent change to a conditional use must be approved in the manner of the original approval and is subject to the procedures and requirements imposed by this Code on conditional uses. (k) (1) An application that has been submitted and considered complete before June 5, 2017, or before the effective date of any relevant amendment to this Code is governed by the Code provisions in effect when the application was submitted. (2) A new application submitted after June 5, 2017, or after the effective date of any relevant amendment to this Code is governed by the Code provisions in effect when the application was submitted. (3) If a pending application is modified after its submittal, the Zoning Administrator must review the application to determine if the proposed modifications constitute a new application. If the Zoning Administrator determines that the modifications constitute a new application, the application must be resubmitted under the Code provisions then in effect at the time of resubmittal. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-181* #### Subtitle 3 – Short Title ##### § 2-301 Short Title. Balt., Md., Code art. 32, § 2-301 (2026) This Code, together with the zoning map adopted under it, may be cited as the “Zoning Code of Baltimore City”. *History: Ord. 16-581* ### Title 3 – Outline of Code Administration #### Subtitle 1 – Purpose of Title ##### § 3-101 Purpose. Balt., Md., Code art. 32, § 3-101 (2026) (a) The purpose of this title is to outline the specific powers and duties of the different administrative bodies and officials who implement this Code. (b) In the case of any conflict between this title and Title 4 {“Development Reviews”} or Title 5 {“Applications and Authorizations”} of this Code, the provisions of Titles 4 and 5 control. *History: Ord. 16-581* #### Subtitle 2 – Administrative Agencies and Officials ##### § 3-201 Zoning Administrator. Balt., Md., Code art. 32, § 3-201 (2026) (a) (1) There is an Office of Zoning Administrator, constituted as an independent unit of the Department of Planning. (2) The Zoning Administrator is the executive head of the Office. (3) Employees of the Office may be appointed as authorized by the Ordinance of Estimates. (b) The Zoning Administrator administers and enforces this Code. (c) The Zoning Administrator has the following powers and duties under this Code: (1) to determine whether a variance is a major or minor variance (Title 5, Subtitle 3); (2) to grant minor variances (Title 5, Subtitle 3); (3) to authorize use permits (Title 5, Subtitle 7); (4) to provide zoning consultations (Title 5, Subtitle 8); (5) to issue zoning verifications (Title 5, Subtitle 9); (6) to inspect structures and uses of land to determine compliance with this Code and, where violations are found, initiate action to secure compliance; (7) to preserve all records from the administration of the zoning law since its enactment by Ordinance No. 1247, approved March 30, 1931; (8) to maintain permanent records of this Code and of all actions taken under it, including: (i) all maps adopted under this Code; and (ii) all amendments to this Code and to the maps adopted under it; (iii) the rules and regulations of the Board of Municipal and Zoning Appeals; (iv) applications for and approvals of conditional uses and variances; and (v) appeals taken under this Code; (9) to provide and maintain a public information service on matters arising out of this Code; (10) Where reasonable, necessary, and not a fundamental alteration of this Code, to provide reasonable accommodation in the application of this Code for the siting, development, and use of housing or services for an individual protected under the Federal Americans with Disabilities Act or the Federal Fair Housing Amendments Act; (11) to receive, file, review, maintain copies of, and forward to the Board of Municipal and Zoning Appeals applications for conditional uses, variances, appeals, and other matters on which the Board is required to act; (12) to perform completeness review of applications (§ 5-202); (13) with the approval of the Board of Estimates, to set fees for processing applications, issuing permits and other authorizations, and performing the various other functions required or authorized by this Code; and (14) to perform all other functions assigned to the Zoning Administrator by this Code. (d) Before approving any reclassification of the position of Zoning Administrator outside the Civil Service, the Civil Service Commission shall provide reasonable advance notice to the City Council. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 3-202 Board of Municipal and Zoning Appeals. Balt., Md., Code art. 32, § 3-202 (2026) (a) There is a Board of Municipal and Zoning Appeals, as established in City Charter Article VII, § 82. (b) In addition to the powers and duties specified in City Charter Article VII, §§ 83 through 89 and in State law, the Board of Municipal and Zoning Appeals has the following powers and duties under this Code: (1) to grant major variances (Title 5, Subtitle 3); (2) to grant conditional use authorizations (Title 5, Subtitle 4); (3) to hear appeals from decisions of the Zoning Administrator; (4) with the approval of the Board of Estimates, to set fees for filing and hearing appeals, granting variances, and for the various other functions required or authorized by this Code; (5) to perform all other functions assigned to the Board by this Code; (6) to authorize accessory uses as long as they meet the standards for “accessory use”, as defined in § 1-302(c) of this article; and (7) to authorize uses not otherwise listed in this Code, subject to § 1-217 of this article. (c) Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Board of Municipal and Zoning Appeals may adopt rules and regulations: (1) for the conduct of its practices and procedures; and (2) as otherwise directed or authorized in this Code. (d) The Board of Municipal and Zoning Appeals must provide the Zoning Administrator with copies of all matters acted on by the Board, including: (1) all orders, requirements, decisions, determinations, rules, and regulations; and (2) all other information necessary for the proper administration and enforcement of this Code. (e) Meetings of the Board of Municipal and Zoning Appeals are held: (1) at the call of the chair; and (2) at any other time that the Board determines by general rule. (f) All hearings of the Board of Municipal and Zoning Appeals under this Code must be open to the public. (g) The Board of Municipal and Zoning Appeals must: (1) fix a reasonable time and place for the public hearing of an application, appeal, or other matter; (2) give public notice of the hearing in accordance with Title 5 of this Code; and (3) require the applicant, appellant, or other person initiating the hearing to post the subject property with a notice of the time, place, and purpose of the hearing, as follows: (i) for a hearing on a variance or conditional use, as provided in § 5-602 {“BMZA – Major variances; conditional uses} of this Code; and (ii) in all other cases, at least 21 days before the hearing. (h) The chair or acting chair of the Board of Municipal and Zoning Appeals may administer oaths and compel the attendance of witnesses. (i) At the hearing, any party may: (1) appear in person, by agent, or attorney; and (2) testify as to any material facts. (j) (k) All voting sessions of the Board of Municipal and Zoning Appeals must be open to the public. (l) The number of votes specified in the State Land Use Article is required for the Board to: (1) reverse any order, requirement, decision, or determination of the Zoning Administrator; or (2) decide in favor of the applicant on any matter on which it is required to pass under this Code. (m) (n) The Board of Municipal and Zoning Appeals must keep minutes of all its proceedings, indicating: (1) the members present; and (2) on each question, how each member voted or that the member was absent or failed to vote. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-136* *History: Ord. 18-171* *History: Ord. 20-386* *History: Text Conformed 02/28/21* *History: Ord. 22-181* ##### § 3-203 Planning Commission. Balt., Md., Code art. 32, § 3-203 (2026) (a) There is a Planning Commission, as established in City Charter Article VII, §§ 70 and 71. (b) In addition to the powers and duties specified in City Charter Article VII, § 72, the Planning Commission has the following powers and duties under this Code: (1) to make recommendations on amendments to the zoning text and maps (Title 5, Subtitle 5); (2) to make recommendations on planned unit developments (Title 13); (3) to develop and revise from time to time a Design Manual (Title 4, Subtitle 4); (4) to develop and revise from time to time a Landscape Manual (Title 4, Subtitle 5); (5) unless specifically provided for otherwise, to hear appeals from the decisions of the Director of Planning on: (i) site plan review (Title 4, Subtitle 2); (ii) environmentally sensitive areas review (Title 4, Subtitle 3); (iii) design review (Title 4, Subtitle 4); and (iv) landscape review (Title 4, Subtitle 5; Landscape Manual); and (6) with the approval of the Board of Estimates, to set fees for filing and hearing appeals and for the various other functions required or authorized by this Code; (7) to conduct from time to time a comprehensive rezoning process in conformance with the Comprehensive Master Plan for the City of Baltimore, which includes the Land Use Map; (8) to review and propose updates to the Land Use Map, no less than quadrennially; and (9) to perform all other functions assigned to the Commission by this Code. *History: Ord. 16-581* *History: * ##### § 3-204 Director of Planning. Balt., Md., Code art. 32, § 3-204 (2026) (a) There is a Director of Planning, as appointed under City Charter Article VII, § 73. (b) In addition to the powers and duties specified in City Charter Article VII, §§ 74 through 80, the Director of Planning has the following powers and duties under this Code: (1) to perform the following reviews: (i) site plan review (Title 4, Subtitle 2); (ii) environmentally sensitive areas review (Title 4, Subtitle 3); (iii) design review (Title 4, Subtitle 4; Design Manual); and (iv) landscape review (Title 4, Subtitle 5; Landscape Manual); (2) to review and grant administrative exceptions for design review (§ 4-409); (3) from time to time, to initiate a study of this Code, the Design Manual, and the Landscape Manual and report his or her recommendations to: (i) the City Council; (ii) the Board of Municipal and Zoning Appeals; (iii) the Housing Commissioner; (iv) the Health Commissioner; (v) the Planning Commission; and (vi) any others deemed appropriate; and (4) with the approval of the Board of Estimates, to set fees for site-plan, sensitive-area, design, and landscape reviews and for the various other functions required or authorized by this Code; and (5) to perform all other functions assigned to the Director by this Code. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* ##### § 3-205 Commissioner of Housing and Community Development. Balt., Md., Code art. 32, § 3-205 (2026) In addition to the powers and duties specified elsewhere in the City Code, the Commissioner of Housing and Community Development (who also serves as the Building Official) has the power and duty under this Code: (1) to issue use permits (Title 5, Subtitle 7); and (2) to perform all other functions assigned to the Housing Commissioner by this Code. *History: Ord. 16-581* *History: Ord. 17-015* ### Title 4 – Development Reviews #### Subtitle 1 – Purpose of Title ##### § 4-101 Purpose. Balt., Md., Code art. 32, § 4-101 (2026) The purpose of this title is to delineate: (1) which development permits require review and approval by the Director of Planning; and (2) the standards applicable to those reviews and approvals. *History: Ord. 16-581* #### Subtitle 2 – Site Plan Review ##### § 4-201 Purpose. Balt., Md., Code art. 32, § 4-201 (2026) (a) Site plan review is intended: (1) to provide guidance to the applicant early in the design process; (2) to provide for interagency review; and (3) to ensure that the proposed development complies with this Code, the Subdivision Rules and Regulations, the Site Plan Review Manual, the Building, Fire and Related Codes, and other applicable guidelines and requirements. (b) The recommendations of site plan review are intended to ensure safe, functional, efficient, and orderly development with high standards of design. (c) In general, the purpose of the site plan review process is to: (1) protect public health, safety, and welfare; (2) minimize adverse effects upon pedestrian and vehicular traffic; (3) ensure the design is safe, environmentally sound, aesthetically responsive, and protects properties, streets, and rights-of-way in the immediate vicinity, and the general public; (4) ensure compliance with the Comprehensive Master Plan and this Code; and (5) provide a consistent and uniform method of review. *History: Ord. 16-581* ##### § 4-202 Site Plan Review Manual. Balt., Md., Code art. 32, § 4-202 (2026) (a) The Planning Commission must develop and may revise from time to time a Site Plan Review Manual that sets forth standards and procedures for site plan review in accordance with this Code. (b) This Manual and any revisions of it may take effect only after: (1) Planning Commission approval at a public session; (2) filing with the Department of Legislative Reference; and (3) posting on the City website. *History: Ord. 16-581* ##### § 4-203 Applicability. Balt., Md., Code art. 32, § 4-203 (2026) Site plan review is required for the following types of development applications: (1) new construction that involves any of the following: (i) any proposed development over 15,000 square feet of gross floor area; (ii) developments with multiple structures on a single lot, excluding accessory structures; and (iii) all multi-tenant commercial development, including mixed-use development; (2) subdivision of land; (3) additions or structural alterations to an existing structure, other than a single-family detached or semi-detached dwelling, that results in a 50% increase in gross floor area over the gross floor area of the existing structure prior to the addition or alteration; (4) planned unit development; (5) conditional use, unless the conditional use can and will be fully contained within an existing structure; (6) parking lot or structures containing 5 or more motor vehicle parking spaces; (7) any development within an environmentally sensitive area, including projects in a Floodplain District and projects within the Buffer of the Critical Area (see Subtitle 3 {“Environmentally Sensitive Areas Review”} of this title); (8) urban agriculture or community-managed open-space farm; (9) any development within the C-5-IH Subdistrict; and (10) multiple principal structures on a residential lot per § 15-203. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: Ord. 21-020* *History: * ##### § 4-204 Approval prerequisite to permit. Balt., Md., Code art. 32, § 4-204 (2026) (a) Site plan approval is required before any permits may be issued for any development to which § 4-203 {“Applicability”} of this subtitle applies. (b) Site plan approval is also required if: (1) no permits have been issued; and (2) either: (i) a final approved site plan has been changed; or (ii) more than 1 year has passed since final approval. *History: Ord. 16-581* ##### § 4-205 Submittal requirements. Balt., Md., Code art. 32, § 4-205 (2026) Submittal requirements for site plan review are as found in: (1) the Site Plan Review Manual; and (2) for environmentally sensitive areas, in Subtitle 3 {“Environmentally Sensitive Areas Review”} of this title. *History: Ord. 16-581* ##### § 4-206 Procedures. Balt., Md., Code art. 32, § 4-206 (2026) The Director of Planning must review the project in accordance with the procedures found in the Site Plan Review Manual. *History: Ord. 16-581* ##### § 4-207 Review standards. Balt., Md., Code art. 32, § 4-207 (2026) Site plan review standards are as found in: (1) the Site Plan Review Manual; and (2) for environmentally sensitive areas, in Subtitle 3 {“Environmentally Sensitive Areas Review”} of this title. *History: Ord. 16-581* ##### § 4-208 Administrative appeals. Balt., Md., Code art. 32, § 4-208 (2026) (a) An applicant who is aggrieved by the final site plan decision of the Director of Planning may appeal that decision to the Planning Commission. (b) Appeals must be filed within 30 days of the Planning Director’s final decision on the site plan. (c) The Planning Commission must review the Director’s decision at a public hearing held within 45 days of receiving the appeal. *History: Ord. 16-581* #### Subtitle 3 – Environmentally Sensitive Areas Review ##### § 4-301 Purpose. Balt., Md., Code art. 32, § 4-301 (2026) The purpose of the environmentally sensitive areas development review process is to: (1) identify, prioritize, and protect environmentally sensitive areas during the initial stages of the development review process; (2) ensure that the disturbance, protection, and restoration of environmentally sensitive areas are in accordance with all applicable federal, state, and local environmental regulations; (3) establish levels of protection for environmentally sensitive areas that vary with the priority ranking of each feature or combination of features; (4) guide site development so that negative impacts to the environmentally sensitive areas are avoided or minimized to the greatest extent possible; (5) encourage the use of innovative development techniques and provide flexibility in the planning process to protect the environment; (6) establish levels of protection for existing sensitive areas and institute requirements for the restoration of sensitive areas found to be prematurely destroyed or altered; and (7) protect the development from forces of nature. *History: Ord. 16-581* ##### § 4-302 Applicability. Balt., Md., Code art. 32, § 4-302 (2026) (a) In determining whether a proposed development contains environmentally sensitive areas all adjacent lands under the same ownership or control must be considered. (b) If a site plan contains any environmentally sensitive area, it is subject to the environmentally sensitive areas development review process. *History: Ord. 16-581* ##### § 4-303 Approval prerequisite to permit. Balt., Md., Code art. 32, § 4-303 (2026) Environmentally sensitive areas review is required before any permits may be issued for any development to which § 4-302 {“Applicability”} of this subtitle applies. *History: Ord. 16-581* ##### § 4-304 Submittal requirements. Balt., Md., Code art. 32, § 4-304 (2026) The presence or absence of environmentally sensitive areas must be documented on an existing conditions plan, to be submitted as part of site plan review. Existing environmentally sensitive areas must be shown on the existing conditions plan. *History: Ord. 16-581* ##### § 4-305 Review standards. Balt., Md., Code art. 32, § 4-305 (2026) (a) The Director of Planning must review the project for compliance with environmental regulations. (b) Applicable regulations include: (1) Floodplains: City Code Article 7, Division I {“Floodplain Management”}; (2) Chesapeake Bay Critical Area: Title 7, Subtitle 4, of this Code; (3) Forest Conservation: City Code Article 7, Division IV {“Forest and Tree Conservation”}; and (4) Significant Trees and Specimen Trees: Sites not required to comply with Forest Conservation regulations must protect these trees as required by the Baltimore City Landscape Manual. *History: Ord. 16-581* ##### § 4-306 Administrative appeals. Balt., Md., Code art. 32, § 4-306 (2026) (a) An applicant who is aggrieved by the final decision of the Director of Planning may appeal that decision to the Planning Commission. (b) Appeals must be filed within 30 days of the Planning Director’s final decision on the environmentally sensitive areas review. (c) The Planning Commission must review the Director’s decision at a public hearing held within 45 days of receiving the appeal. *History: Ord. 16-581* #### Subtitle 4 – Design Review ##### § 4-401 Purpose. Balt., Md., Code art. 32, § 4-401 (2026) Design review is intended to provide a procedure to ensure that certain development proposals comply with the design standards established under this Code. *History: Ord. 16-581* ##### § 4-402 Design Manual. Balt., Md., Code art. 32, § 4-402 (2026) The Planning Commission must develop and may revise from time to time a Design Manual that sets forth required design standards in accordance with the goals and objectives set forth in this subtitle. *History: Ord. 16-581* ##### § 4-403 Goals. Balt., Md., Code art. 32, § 4-403 (2026) The goals governing development of the Design Manual are: (1) to enhance the quality of the City’s built environment, architectural character, and sense of place; (2) to foster economic vitality of the City’s neighborhoods and commercial districts; (3) to enhance the overall urban design of Baltimore’s neighborhoods; and (4) to enhance the quality of life of City residents with development that is sensitive to its context and adjacencies in the public realm. *History: Ord. 16-581* ##### § 4-404 Objectives. Balt., Md., Code art. 32, § 4-404 (2026) The objectives governing development of the Design Manual are: (1) to provide clear guidance for the design of residential, commercial, and mixed use development throughout the City; (2) to facilitate the process for design review and approval of structures within the City’s development review process; (3) to ensure that the public realm is as thoroughly considered and articulated as principal structures; (4) to articulate spatial relationships, provide image, develop sense of place, and improve the aesthetics of the built environment; and (5) to provide flexibility and encourage creative solutions to meet the intents and purposes of the Design Manual. *History: Ord. 16-581* ##### § 4-405 Applicability. Balt., Md., Code art. 32, § 4-405 (2026) (a) Except as provided in subsection (b) of this section, design review is required for the following types of development: (1) new construction of dwellings; (2) upper floor additions and roof decks on existing rowhouses; (3) additions on street-front facades, to include deck, porch, and balcony additions; (4) when exterior modifications are proposed for residential conversions in the R-7, R-8, R-9, and R-10 Districts; (5) the establishment of a non-residential use within the R-MU Overlay District; (6) all new construction and additions in the C-5 District; (7) all substantial modifications of the facade of a structure in the C-5 District; (8) planned unit development; (9) any sign that is conditional on Board of Municipal and Zoning Appeals approval, but without regard to its copy or message; (10) any painted/mural sign, but without regard to its copy or message; (11) any sign over 100 square feet in area; (12) any electronic sign, freestanding sign, or roof sign, but without regard to its copy or message; (13) any freestanding sign in the C-5 or PC District, and any banner sign, projecting sign, or wall sign above the ground floor in the C-5 or PC District, but without regard to its copy or message; (14) any Signage Plan and any sign, but without regard to its copy or message, within an Area of Special Sign Control; (15) multiple principal structures on a residential lot per § 15-203; (16) any new construction that involves: (i) a proposed development over 15,000 square feet; (ii) a multi-tenant commercial development, including mixed-use development; (iii) alteration to a street-front facade in a C-1 District; or (iv) construction in a TOD District or in the W Overlay District; and (17) new construction or substantive modifications that include a shared-use path. (b) Design review is not required for development projects that are subject to review by the Commission for Historical and Architectural Preservation. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: Ord. 18-216* *History: Ord. 22-181* *History: * ##### § 4-406 Approval prerequisite to permit. Balt., Md., Code art. 32, § 4-406 (2026) Design review approval is required before any permits may be issued for any development to which § 4-405{“Applicability”} of this subtitle applies. *History: Ord. 16-581* ##### § 4-407 Submittal requirements. Balt., Md., Code art. 32, § 4-407 (2026) Submittal requirements for design review are: (1) as provided in § 5-201 {“Filing”} of this Code; and (2) as required by the Director of Planning. *History: Ord. 16-581* ##### § 4-408 Procedures. Balt., Md., Code art. 32, § 4-408 (2026) (a) Once it is determined that an application is subject to design review, the Director of Planning must review the project for compliance with the design standards of this Code. (b) (1) Design review must be completed within 15 days of receipt of a complete application. (2) If, in the Director’s judgment, the application does not contain sufficient information to complete design review, the Director of Planning may request additional information from the applicant. In that event, the 15-day period will be suspended pending receipt of all requested information. A decision must be rendered within 15 days of receipt of the additional information. *History: Ord. 16-581* ##### § 4-409 Administrative exceptions. Balt., Md., Code art. 32, § 4-409 (2026) (a) (1) This Code recognizes that the design standards cannot address every anticipated architectural design element of a development. Accordingly, an administrative exception to the design standards of the district may be requested during the design review process. (2) This administrative exception allows the Director of Planning to approve exceptions to the design standards within each of the districts. (b) (1) The Director of Planning may approve an administrative exception in cases where the proposed architectural design of a structure meets the intent of the design review provisions but fails to meet 1 or more specific design standards. (2) The Director of Planning may not approve any administrative or other exception for any of the use, bulk, or yard standards of the zoning district. (c) In order to approve an administrative exception, the Director of Planning must find that: (1) the administrative exception is generally compatible with the intent of the design standards and the area of the development; and (2) the design integrity and details of the building are acceptable within the context of a specific site and need not be achieved through a strict response to the details of the design standards contained in this Code. *History: Ord. 16-581* ##### § 4-410 Administrative appeals. Balt., Md., Code art. 32, § 4-410 (2026) (a) An applicant who is aggrieved by the final design review decision of the Director of Planning may appeal that decision to the Planning Commission. (b) Appeals must be filed within 30 days of the Planning Director’s final decision on the design review. (c) The Planning Commission must review the decision at a public hearing held within 45 days of receiving the appeal. *History: Ord. 16-581* #### Subtitle 5 – Landscape Review ##### § 4-501 Purpose. Balt., Md., Code art. 32, § 4-501 (2026) Landscape review is intended to provide a procedure to ensure that certain development proposals comply with landscaping and screening standards of this Code. *History: Ord. 16-581* ##### § 4-502 Landscape Manual. Balt., Md., Code art. 32, § 4-502 (2026) The Planning Commission must develop and may revise from time to time a Landscape Manual that sets forth the required design, review, approval, installation, and maintenance of landscape in accordance with the goals and objectives set forth in this subtitle. *History: Ord. 16-581* ##### § 4-503 Goals. Balt., Md., Code art. 32, § 4-503 (2026) The goals governing development of the Landscape Manual are: (1) to improve and increase the City’s environmental quality and green infrastructure network; (2) to preserve and enhance the City’s character and sense of place; (3) to foster the economic vitality of the City’s neighborhoods and commercial districts; (4) to provide a clear process for the design, review, and approval of landscape plans within the City’s development review process; and (5) to promote the long-term health and maintenance of the City’s landscape and tree canopy. *History: Ord. 16-581* ##### § 4-504 Objectives – Environmental. Balt., Md., Code art. 32, § 4-504 (2026) The environmental objectives governing development of the Landscape Manual are: (1) to foster environmentally sensitive site design that preserves natural vegetation and landforms when appropriate; and (2) to complement the built environment through planting that: (i) improves water quality and reduces stormwater run-off; (ii) reduces soil erosion; (iii) increases the City’s tree canopy; (iv) promotes biodiversity; and (v) helps to mitigate the urban heat island effect. *History: Ord. 16-581* ##### § 4-505 Objectives – Character and sense of place. Balt., Md., Code art. 32, § 4-505 (2026) The character-and-sense-of-place objectives governing development of the Landscape Manual are: (1) to articulate spatial relationships, provide image, develop sense of place, and improve the aesthetics of the built environment; (2) to enhance the quality of life of residents through planting that provides comfortable outdoor spaces for people to occupy; (3) to create pedestrian and bicycle-friendly environments; and (4) to provide visual screens, buffers, and shade that: (i) diminish undesirable views; (ii) reduce glare, noise, and heat; and (iii) mitigate the impacts of intensive uses. *History: Ord. 16-581* ##### § 4-506 Objectives – Economic. Balt., Md., Code art. 32, § 4-506 (2026) The economic objectives governing development of the Landscape Manual are: (1) to provide landscape design that is functional, cost effective, and sound; and (2) to create environments that are safe for residents and visitors and deterrents to potential criminals. *History: Ord. 16-581* ##### § 4-507 Objectives – Landscape installation and maintenance. Balt., Md., Code art. 32, § 4-507 (2026) The landscape-installation-and-maintenance objectives governing development of the Landscape Manual are (1) to ensure that landscape is installed and maintained in conformance with approved landscape plans; (2) to ensure that landscape is installed and maintained in a manner that will promote the proper health, function, and appearance of the landscape; and (3) to encourage the use of sustainable landscape construction and maintenance techniques that support the goals established by the Baltimore Sustainability Plan. *History: Ord. 16-581* ##### § 4-508 Review process. Balt., Md., Code art. 32, § 4-508 (2026) The Landscape Manual must provide for a review process that: (1) integrates the preparation, review, and approval of landscape plans into the City process for development review and approval; (2) coordinates landscape requirements with related regulations, including those for forest conservation, stormwater management, green building standards, and the Chesapeake Bay Critical Area; and (3) allows flexibility and encourages creative solutions to meet the goals and objectives of the Landscape Manual. *History: Ord. 16-581* ##### § 4-509 Applicability. Balt., Md., Code art. 32, § 4-509 (2026) Landscape review is required for the types of development specified in the Landscape Manual. *History: Ord. 16-581* ##### § 4-510 Approval prerequisite to permit. Balt., Md., Code art. 32, § 4-510 (2026) Landscape review approval is required before any permits may be issued for any development to which § 4-509 {“Applicability”} of this subtitle applies. *History: Ord. 16-581* ##### § 4-511 Submittal requirements. Balt., Md., Code art. 32, § 4-511 (2026) Submittal requirements for landscape review are as found in the Landscape Manual. *History: Ord. 16-581* ##### § 4-512 Procedures. Balt., Md., Code art. 32, § 4-512 (2026) The Director of Planning must review the project in accordance with the procedures found in the Landscape Manual. *History: Ord. 16-581* ##### § 4-513 Review standards. Balt., Md., Code art. 32, § 4-513 (2026) Landscape review standards are as found in the Landscape Manual. *History: Ord. 16-581* ##### § 4-514 Administrative appeals. Balt., Md., Code art. 32, § 4-514 (2026) (a) An applicant who is aggrieved by the final landscape review decision of the Director of Planning may appeal that decision to the Planning Commission. (b) Appeals must be filed within 30 days of the Planning Director’s final decision on the landscape review. (c) The Planning Commission must review the decision at a public hearing held within 45 days of receiving the appeal. *History: Ord. 16-581* ### Title 5 – Applications and Authorizations #### Subtitle 1 – Purpose of Title ##### § 5-101 Purpose. Balt., Md., Code art. 32, § 5-101 (2026) The purpose of this title is to set out the general regulations governing zoning applications, variances, conditional uses, text and map amendments, notices, use permits, interpretations, and verifications. *History: Ord. 16-581* #### Subtitle 2 – Applications ##### § 5-201 Introduction of proposed authorization. Balt., Md., Code art. 32, § 5-201 (2026) (a) A member of the City Council may introduce a proposed ordinance to expressly approve, authorize, or amend: (1) a major variance; (2) a conditional use; (3) a text amendment; (4) a map amendment; (5) an educational campus master plan; (6) a hospital general development plan; (7) an area of special sign control; or (8) a planned unit development. (b) (1) Notwithstanding subsection (a) of this section, a person must file an application under this subsection to request: (i) a minor variance; (ii) a major variance that, at the time of filing, is not the subject of legislation before the City Council; (iii) a conditional use that, at the time of filing, is not the subject of legislation before the City Council; (iv) a use permit; (v) a zoning appeal; and (vi) a zoning consultation. (2) An application for a variance, conditional use, use permit, or zoning appeal must be filed in writing by: (i) the owner of property to which the application applies; or (ii) a person expressly authorized by the owner in writing. (3) An application for a zoning interpretation must be filed by: (i) an owner of any property in the City; (ii) a person expressly authorized by a property owner in writing; or (iii) any City Councilmember or other official of City government. (c) (1) An application for a conditional use, conditional sign, or appeal from the Zoning Administrator must be filed with BMZA. All other applications must be filed with the Zoning Administrator (2) An application must be: (i) on the form provided by the City; and (ii) filed with the number of copies that the instructions specify. (3) The application must include the information, plans, and data specified by the City’s application requirements and sufficient to determine whether the application conforms with the requirements of this Code. (4) All plans must be at a scale sufficient to permit a clear and precise understanding of the proposal. (d) (1) Within 15 business days of receiving a completed application, the Zoning Administrator or the BMZA, as the case might be, must refer the application and all accompanying documents to the Director of Transportation, if: (i) traffic-mitigation requirements for the proposed structure or use have not already been complied with in accordance with this Code or the City Building, Fire, and Related Codes Article; and (ii) the proposed structure or use: (A) is in a Traffic-Mitigation Zone designated in Building Code § 3805 {“Traffic-Mitigation Zones”} and involves 10 or more dwelling units; (B) involves 15,000 sq. ft. or more of gross floor area; or (C) involves 50 or more dwelling units. (2) A Traffic-Impact Study or the payment of a Traffic-Mitigation Fee is required if any 1 of the criteria specified in Building Code § 3802 {“Scope of Chapter”} applies. (3) The Director of Transportation must review the application as provided in Building Code 3802 {“Scope of Chapter”}. (4) If the Director of Transportation informs the applicant that traffic mitigation is required under Building Code Chapter 38 {“Traffic Impact and Mitigation”}, the applicant must comply with the applicable procedures and requirements of that chapter. (e) (1) Applications for a conditional use, variance, or design review must be accompanied by a site plan. (2) The site plan must: (i) be drawn to scale and fully dimensioned; (ii) indicate the lot and block, or the relevant portions of them; (iii) show the ground area, height, and bulk of the structure, and the location of the structure in relation to the lot lines; (iv) indicate the use to be made of the structure or land; and (v) include any other information that the Zoning Administrator requires for the proper administration and enforcement of this Code. *History: Ord. 16-581* *History: Ord. 22-181* *History: * *History: * ##### § 5-202 Completeness review. Balt., Md., Code art. 32, § 5-202 (2026) (a) (1) The Zoning Administrator or the Executive Director of the BMZA, as the case might be, must examine all applications within 10 days after filing. (2) An application is not considered complete unless, among all other requirements, all fees are paid when due. (b) (1) After an application is determined to be complete, any change made by the applicant to the application must be submitted to the Zoning Administrator and the Board of Municipal and Zoning Appeals no later than 30 days before the date scheduled for the hearing to be held under this title. (2) At the Board’s discretion, minor changes to the application may be made on the record at the hearing. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-181* ##### § 5-203 Required fees. Balt., Md., Code art. 32, § 5-203 (2026) Every application must be accompanied by the required filing fee. *History: Ord. 16-581* ##### § 5-204 Withdrawal of application. Balt., Md., Code art. 32, § 5-204 (2026) An applicant has the right to withdraw an application at any time before a decision is made on the application by the appropriate body. There will be no refund of fees. Requests for withdrawal must be in writing by the applicant. *History: Ord. 16-581* ##### § 5-205 Reapplication waiting period. Balt., Md., Code art. 32, § 5-205 (2026) (a) Within 1 year after an application for a variance or a conditional use has been denied, the same application for the same property may not be reviewed or heard unless substantial new evidence is available. (b) (1) If a zoning application is resubmitted for the same property within the 1-year period, the subsequent application must include a detailed description of how the application is a substantially different request or how substantial new evidence justifies its consideration. (2) The Zoning Administrator must determine whether the subsequent application is a substantially different request or presents substantial new evidence that justifies its consideration. If the Zoning Administrator finds that the application is not appropriate for resubmittal, the Zoning Administrator must summarily, and without need for a hearing, deny the request. *History: Ord. 16-581* #### Subtitle 3 – Variances ##### § 5-301 Purpose. Balt., Md., Code art. 32, § 5-301 (2026) (a) The purpose of the variance procedure is to afford a property owner relief from certain regulations of this Code when practical difficulty exists. (b) The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council may grant variances from the provisions of this Code pursuant to the standards set forth in this subtitle. (c) The variance procedure provisions in this title do not apply to applications requesting an exemption from: (1) the maximum quantity of signs; (2) the location requirements of signs; or (3) the types of signs allowed within a zoning district. (d) The variance procedure provisions may not be used to authorize a use not otherwise permitted in the zoning district. (e) The authority granted in this Subtitle 3 to the Zoning Administrator or the Board of Municipal and Zoning Appeals to grant a variance from provisions of this Code is not intended to limit any other authority that may exist elsewhere within this Code to provide relief or modification from the Code’s requirements. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: Ord. 18-216* *History: Ord. 20-350* *History: * ##### § 5-302 Minor and major variances distinguished. Balt., Md., Code art. 32, § 5-302 (2026) (a) This Code allows for 2 types of variances that may be granted under this subtitle, minor variances and major variances. (b) (1) Minor variances comprise the following specified variances: (i) a reduction in lot width by no more than 10% of the applicable minimum lot width requirements; (ii) a reduction in required yards and setbacks by no more than 10% or 2 feet, whichever is less; (iii) a reduction in the number of off-street parking spaces by no more than 10% of the applicable minimum requirements; (iv) a reduction in the required alley width for access to off-street parking; and (v) a variance to bulk or yard regulations if: (A) the parcel of land is improved with a nonconforming structure that has been in existence for at least 50 years; (B) the variance would not permit more than a 10% cumulative increase in the bulk and density of a structure that has been in existence for 50 or more years; and (C) in the opinion of the Zoning Administrator, the application complies with all applicable approval criteria for variances. (2) The Zoning Administrator or the Board of Municipal and Zoning Appeals may grant minor variances from the regulations of this Code. (c) (1) Any variance not identified in subsection (b) of this section as a minor variance is a major variance. (2) Unless legislation has been introduced to approve a variance by ordinance, the Board of Municipal and Zoning Appeals may grant or deny any application for a major variance. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 5-303 Review of applications. Balt., Md., Code art. 32, § 5-303 (2026) (a) The Zoning Administrator or the Administrator’s designee must determine: (1) whether the application is for a minor variance or a major variance; and (2) which City agencies and officials, if any, should be asked to review the application and submit written reports and recommendations on it. (b) (1) The Zoning Administrator or designee must inform the applicant of the determination made under subsection (a)(1) of this section. (2) If the Zoning Administrator or designee determines the application is for a major variance, the Zoning Administrator or designee must inform the applicant that: (i) a major variance can be granted by ordinance or by the Board of Municipal and Zoning Appeals; (ii) the applicant may request the City Council to introduce an ordinance to grant the major variance; (iii) in the absence of legislation to approve a major variance by ordinance, the Board of Municipal and Zoning Appeals may grant or deny the major variance; and (iv) the applicant may appeal the decision of the Zoning Administrator and the appeal must be filed within 30 days of the Zoning Administrator’s decision. (3) The Zoning Administrator or designee must forward an application determined to be a major variance to the Board of Municipal and Zoning Appeals. *History: Ord. 16-581* *History: 22-181* ##### § 5-304 Minor variances. Balt., Md., Code art. 32, § 5-304 (2026) (a) The Zoning Administrator or the Administrator’s designee must review and evaluate the application pursuant to the standards in § 5-308 {“Approval standards”} of this subtitle. Public notice of the application must be posted in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. (b) If written objection to the minor variance is received before the end of the required posting period, the application must be resubmitted to the Board of Municipal and Zoning Appeals as a major variance, subject to the application, notice, and public hearing requirements applicable to major variances. (c) If no written objection is timely received, the Zoning Administrator must render a written decision on the application within 30 days of the end of the required posting period and either approve, approve with qualifications, or deny the application. (d) The applicant may appeal the Zoning Administrator’s decision to the Board of Municipal and Zoning Appeals. The appeal must be filed within 30 days of the Zoning Administrator’s decision. *History: Ord. 16-581* *History: Ord. 22-181* ##### § 5-305 Major variances. Balt., Md., Code art. 32, § 5-305 (2026) (a) The Board of Municipal and Zoning Appeals or the City Council, as the case may be, must evaluate the request for a variance, based on the evidence presented at a public hearing, in accordance with the standards in § 5-308 {“Approval standards”} of this subtitle. (b) (1) (i) The Board of Municipal and Zoning Appeals must consider a proposed major variance in a public hearing. (ii) Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. (iii) Except as provided in subsection (b) of this section, the hearing must be concluded no more than 90 days from the Board’s receipt of the completed application. (2) (i) If, in the judgment of the Board of Municipal and Zoning Appeals, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant or from City agencies or officials. (ii) In that event, the 90-day period will be suspended or the public hearing continued pending receipt of all requested information. (iii) The applicant may also waive this time limit by requesting a postponement from the Board of Municipal and Zoning Appeals. (3) (i) The Board of Municipal and Zoning Appeals must render its written decision, approving, approving with conditions, or denying the application, within 30 days of the close of the public hearing. (ii) The Board may extend this period for up to an additional 60 days for good cause on a majority vote of the Board at a publicly scheduled meeting. (4) (i) All actions and other procedures taken under this subsection must immediately cease if: (A) the Board of Municipal and Zoning Appeals has not rendered a written decision under this subsection; and (B) the City Council has referred to the Board a bill to approve the variance by ordinance. (ii) On this cessation of procedures, the application is deemed to be voluntarily withdrawn by the applicant. (c) Legislative limitation. No legislation may be introduced to approve a major variance after the Board of Zoning Appeals has rendered a written decision on an application involving the same subject matter. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-181* ##### § 5-306 Qualifications. Balt., Md., Code art. 32, § 5-306 (2026) (a) Before approving any variance, the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, may impose on the establishment, location, construction, maintenance, or operation of the variance, any condition, restriction, or limitation that it considers necessary or desirable to: (1) reduce or minimize the effect of the variance on other properties in the neighborhood; (2) secure compliance with the standards and requirements of this Code; and (3) better carry out the intent and purpose of this subtitle. (b) The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, may require whatever evidence and guarantees considered necessary to assure that the conditions, restrictions, and limitations imposed will be met and complied with. (c) Failure to comply with any condition, restriction, or limitation imposed under this section constitutes a violation of this Code. *History: Ord. 16-581* ##### § 5-307 Variance less than requested. Balt., Md., Code art. 32, § 5-307 (2026) A variance less than that requested may be granted by the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, if the record supports the applicant’s right to some relief, but not to the entire relief requested. *History: Ord. 16-581* ##### § 5-308 Approval standards. Balt., Md., Code art. 32, § 5-308 (2026) (a) To grant a variance, the Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, shall find that: (1) because of the conditions peculiar to the property, including particular physical surroundings, shape, or topographical conditions of the specific structure or land involved, a practical difficulty, as distinguished from a mere inconvenience, would result if the strict letter of the applicable requirement were carried out; or (2) because of exceptional circumstances related to the specific structure or land involved, a practical difficulty, as distinguished from a mere inconvenience, would result if the strict letter of the applicable requirement were carried out. (b) The Zoning Administrator, the Board of Municipal and Zoning Appeals, or the City Council, as the case may be, must also find that: (1) the practical difficulty is caused by this Code and has not been created by the intentional action or inaction of any person who has a present interest in the property; (2) the purpose of the variance is not based exclusively on a desire to increase the value or income potential of the property; (3) the variance will not: (i) be injurious to the use and enjoyment of other property in the immediate vicinity; or (ii) substantially diminish and impair property values in the neighborhood; (4) the variance is not precluded by and will not adversely affect: (i) any Urban Renewal Plan; (ii) the City’s Comprehensive Master Plan; or (iii) any Historical and Architectural Preservation District; and (5) the variance will not otherwise: (i) be detrimental to or endanger the public health, safety, or welfare; or (ii) be in any way contrary to the public interest. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 5-309 Time limit for utilization of variance; Extensions. Balt., Md., Code art. 32, § 5-309 (2026) (a) A variance lapses and becomes void 2 years from the date of its final order granting unless substantial construction has occurred within that same 2-year period. (b) The Board of Municipal and Zoning Appeals may grant an extension of this period, for both minor and major variances, on written application and for good cause shown, without notice or hearing. *History: Ord. 16-581* *History: * ##### § 5-310 Code compliance denial. Balt., Md., Code art. 32, § 5-310 (2026) (a) Neither the Zoning Administrator nor the Executive Director of the Board of Municipal and Zoning Appeals may approve any application for a variance or a conditional use if the subject property has any outstanding notices of violation, fines, or fees that are either unresolved or unpaid. (b) The Zoning Administrator or the Executive Director of the Board of Municipal and Zoning Appeals may approve: (1) the application for a variance or conditional use if that application is required to resolve an outstanding notice of violation, fine, or fee that is either unresolved or unpaid; and (2) the application for a variance or conditional use if an outstanding violation or fine is the subject of a still pending administrative appeal or judicial review. *History: Ord. 22-181* *History: * #### Subtitle 4 – Conditional Uses ##### § 5-401 Purpose. Balt., Md., Code art. 32, § 5-401 (2026) (a) This Code is based on the division of the City into districts, in which the uses of land and structures and the bulk and location of structures in relation to the land are substantially uniform. Certain uses exist, however, that, because of their unique characteristics, cannot properly be classified in any particular district without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. These uses, referred to as conditional uses, may only be approved as specified in this subtitle. (b) In certain districts, bulk standards are allowed additional intensity by conditional use approval. The conditional use in these situations is interpreted as allowing the use within the structure to be more intense than would be allowed under permitted district standards. (c) In certain districts some sign types are allowed by conditional approval. The conditional approval in this situation is interpreted as allowing the sign type within a lot to be more intense that would otherwise be allowed in that district because of possible broader impact to the surrounding area. *History: Ord. 16-581* *History: Ord. 22-181* ##### § 5-402 Balt., Md., Code art. 32, § 5-402 (2026) Reserved ##### § 5-403 Referrals. Balt., Md., Code art. 32, § 5-403 (2026) (a) This section applies to applications for conditional uses that require approval by the Board of Municipal and Zoning Appeals. (b) Once the Executive Director of the Board of Municipal and Zoning Appeals determines that an application for conditional-use approval by the Board of Municipal and Zoning Appeals is complete, the Executive Director of the Board of Municipal and Zoning Appeals must forward the application to the Board for its consideration and action on the application. (c) The Executive Director of the Board of Municipal and Zoning Appeals must also refer the completed application to the following, for their submission within 15 days of the referral, of written reports and recommendations to the Board: (1) the Department of Planning; and (2) any other City agencies and officials that the Executive Director of the Board of Municipal and Zoning Appeals determines should be asked to review the application and submit written reports and recommendations on it. *History: Ord. 16-581* *History: Ord. 22-181* ##### § 5-404 Actions taken. Balt., Md., Code art. 32, § 5-404 (2026) (a) The Board of Municipal and Zoning Appeals or the City Council, as the case may be, must evaluate the request for a conditional use, based on the evidence presented at the public hearing, in accordance with the standards in § 5-406 {“Approval standards”} of this subtitle. (b) (1) (i) The Board of Municipal and Zoning Appeals must consider a proposed conditional use and conditional sign in a public hearing. (ii) Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. (iii) Except as provided in subsection (b) of this section, the hearing must be concluded no more than 90 days from the Board’s receipt of the completed application. (iv) If the Department of Planning or other City agency or official fails to timely submit its written report and recommendations, the Board of Municipal and Zoning Appeals may proceed without that report and recommendations. (2) (i) If, in the judgment of the Board of Municipal and Zoning Appeals, the application does not contain sufficient information to enable the Board to properly discharge its responsibilities, the Board may request additional information from the applicant or from City agencies or officials. (ii) In that event, the 90-day period will be suspended or the public hearing continued pending receipt of all requested information. (iii) The applicant may also waive this time limit by requesting a postponement from the Board of Municipal and Zoning Appeals. (3) (i) The Board of Municipal and Zoning Appeals must render its written decision, approving, approving with conditions, or denying the application within 30 days of the close of the public hearing. (ii) The Board may extend this period for up to an additional 60 days for good cause on a majority vote of the Board at a publicly scheduled meeting. *History: Ord. 16-581* *History: Ord. 22-181* ##### § 5-405 Conditions. Balt., Md., Code art. 32, § 5-405 (2026) (a) (1) Before approving any conditional use or sign, the Board of Municipal and Zoning Appeals or the City Council, as the case may be, may impose on the establishment, location, construction, maintenance, or operation of the conditional use or sign any condition, restriction, or limitation that it considers necessary for the protection of the public interest. (2) Any condition imposed under this subsection must be reasonably related and roughly proportional to the expected impact of the conditional use. (b) Failure to comply with any condition, restriction, or limitation imposed under this subtitle: (1) constitutes a violation of this Code; and (2) in addition to any other civil or criminal remedy or enforcement procedure, is grounds for modification, suspension, or revocation of the conditional use. *History: Ord. 16-581* *History: Ord. 22-181* ##### § 5-406 Approval standards. Balt., Md., Code art. 32, § 5-406 (2026) (a) As a guide to its decision on the facts of each case, the Board of Municipal and Zoning Appeals or the City Council must consider the following, where appropriate: (1) the nature of the proposed site, including its size and shape and the proposed size, shape, and arrangement of structures; (2) the resulting traffic patterns and adequacy of proposed off-street parking and loading; (3) the nature of the surrounding area and the extent to which the proposed use might impair its present and future development; (4) the proximity of dwellings, churches, schools, public structures, and other places of public gathering; (5) accessibility of the premises for emergency vehicles; (6) accessibility of light and air to the premises and to the property in the vicinity; (7) the type and location of adequate utilities, access roads, drainage, and other necessary facilities that have been or will be provided; (8) the preservation of cultural and historic landmarks and structures; (9) the character of the neighborhood; (10) the provisions of the City’s Comprehensive Master Plan; (11) the provisions of any applicable Urban Renewal Plan; (12) all applicable standards and requirements of this Code; (13) the intent and purpose of this Code; and (14) any other matters considered to be in the interest of the general welfare. (b) The Board of Municipal and Zoning Appeals or the City Council, may not approve a conditional use or sign unless, after public notice and hearing and on consideration of the standards required by this subtitle, the Board or Council finds that: (1) the establishment, location, construction, maintenance, or operation of the conditional use or sign would not be detrimental to or endanger the public health, safety, or welfare; (2) the use or sign would not be precluded by any other law, including an applicable Urban Renewal Plan; (3) the authorization would not be contrary to the public interest; and (4) the authorization would be in harmony with the purpose and intent of this Code. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-181* *History: * ##### § 5-407 Time limit for utilization of conditional use; Extensions. Balt., Md., Code art. 32, § 5-407 (2026) (a) A conditional use and a conditional sign approval lapses and becomes void in 2 years from the date of its final order granting same unless, within that period: (1) a use permit under this Code and an occupancy permit under the Baltimore City Building Code have been obtained for that use; (2) the erection or alteration of a structure for that use has lawfully begun; (3) the use has lawfully begun; or (4) a building permit under this Code and any other applicable Codes has been obtained for the use or the sign, as the case may be. (b) The Board of Municipal and Zoning Appeals may grant an extension of this period on written application and for good cause shown, without notice or hearing. *History: Ord. 16-581* *History: Ord. 18-171* *History: Ord. 22-181* *History: * ##### § 5-408 Discontinued conditional use or conditional sign. Balt., Md., Code art. 32, § 5-408 (2026) (a) If any conditional use is discontinued for a continuous period of 2 years or more, the conditional use approval automatically lapses and is void. A new application and authorization is required before the conditional use may be re-established. (b) If a conditional sign is removed in its entirety from the building or structure for which it was approved for a continuous period of 1 year or more, the conditional approval automatically lapses and is void. A new application is required before the conditional approval may be re-established. *History: Ord. 16-581* *History: Ord. 22-181* ##### § 5-409 Revocations, etc., of conditional use. Balt., Md., Code art. 32, § 5-409 (2026) (a) Whenever the Zoning Administrator learns of a violation of a condition, restriction, or limitation imposed under this subtitle, the Zoning Administrator must attempt to resolve the violation informally and promptly. (b) (1) If the Zoning Administrator is unable to resolve the violation, the Zoning Administrator must issue a notice of proposed revocation to: (i) the owners of record of the property, as shown on the tax records of Baltimore City; (ii) the persons to whom the conditional use approval was granted or the current operator; (iii) the owners of record of the properties immediately adjacent to the property; and (iv) the community, neighborhood, or improvement association listed with the Department of Planning for the area in which the property lies. (2) A copy of the notice must be provided to the Department of Planning. (c) The notice must: (1) specify the nature of the violation; and (2) warn the recipient that, unless the violation is corrected within 30 days, or such other time as is specified in the notice, the matter will be referred to the Board of Municipal and Zoning Appeals for potential modification, suspension, or revocation of the conditional use or sign. (d) All notices must be served by 1 of the methods specified in § 19-207 {“Violation notice: Service”} of this Code. (e) (1) If the violation is not corrected within the time specified, the Zoning Administrator must forward the record of this matter to the Board of Municipal and Zoning Appeals and request the Board to schedule a hearing. (2) On receipt of the request, the Board of Municipal and Zoning Appeals must promptly schedule the matter for a hearing, to be held as soon as practicable. (f) (1) If, after notice to the parties and an opportunity to be heard, the Board of Municipal and Zoning Appeals finds that a condition, restriction, or limitation imposed under this subtitle has been violated, the Board may take any 1 or combination of the following actions: (i) revoke the conditional use or sign; (ii) suspend the conditional use or sign approval subject to completion of corrective action or other condition set by the Board; or (iii) affirm the conditional use or sign, subject to a schedule for corrective action, with provision for automatic termination if the schedule is not met. (2) The Board’s findings must be specifically documented in the record. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-181* ##### § 5-410 Code compliance denial. Balt., Md., Code art. 32, § 5-410 (2026) (a) Neither the Zoning Administrator nor the Executive Director of the Board of Municipal and Zoning Appeals may process any application for a conditional use or sign if the subject property has any outstanding notices of violation, fines, or fees that are either unresolved or unpaid. (b) The Zoning Administrator or the Executive Director of the Board of Municipal and Zoning Appeals may process the application for a conditional use or, sign if the conditional use or sign applied for is required to resolve an outstanding notice of violation, fine, or fee that is either unresolved or unpaid. *History: Ord. 22-181* #### Subtitle 5 – Legislative Authorizations ##### § 5-501 “Legislative authorization” defined. Balt., Md., Code art. 32, § 5-501 (2026) In this Code, “legislative authorization” means any ordinance that: (1) amends the text of this Code, except as provided in § 5-502 {“Exception for corrective bills”} of this subtitle; or (2) approves, authorizes, or amends a prior approval or authorization relating to 1 or more specific properties, including: (i) a variance; (ii) a conditional use; (iii) a map amendment; (iv) an educational campus master plan; (v) a hospital general development plan; (vi) an area of special sign control; and (vii) a planned unit development. *History: Ord. 16-581* ##### § 5-502 Scope of subtitle. Balt., Md., Code art. 32, § 5-502 (2026) (a) This subtitle applies to all legislative authorizations created under authority of this Code. (b) This subtitle does not apply to any text amendment that: (1) consists only of a change in punctuation, grammar, or spelling; and (2) does not in any way alter the substance of this Code. *History: Ord. 16-581* ##### § 5-503 Introductory statement of intent. Balt., Md., Code art. 32, § 5-503 (2026) (a) On introduction of a bill proposing a legislative authorization under § 5-501(2) {“'Legislative authorization’ defined”} of this subtitle, the applicant shall submit a written statement in the form provided by the Department of Legislative Reference that informs the City Council, the agencies to which the proposed bill is referred, and the public of the changes sought and intended uses. (b) The statement shall contain, at a minimum: (1) a description of all proposed changes to the subject property; (2) property information, including the name of the owner and deed reference as recorded among the Land Records of Baltimore City; (3) a description of any contract that is contingent on the proposed legislative authorization, including the names and contact information of all parties; (4) the names and contact information of all individuals for whom the application benefits, including the names and contact information of individuals holding a majority stake in a corporate entity; (5) an affidavit executed by the applicant stating the following: “I, [applicant name], solemnly affirm under the penalties of perjury that the information given in this Statement of Intent is true and complete to the best of my knowledge, information, and belief.”; and (6) any other information required to verify compliance with the standards for conditional uses, variances, and other provisions of this Code. *History: * ##### § 5-504 Referrals. Balt., Md., Code art. 32, § 5-504 (2026) Once a bill proposing a legislative authorization has been introduced, the City Council must refer the bill to the following for their written reports and recommendations: (1) the Board of Municipal and Zoning Appeals; (2) the Planning Commission; (3) the Department of Transportation; and (4) any other agencies that the City Council President specifies. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 5-505 Balt., Md., Code art. 32, § 5-505 (2026) Reserved ##### § 5-506 Procedures on referral. Balt., Md., Code art. 32, § 5-506 (2026) (a) (1) The Planning Commission must consider the referred bill in a public hearing. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. Except as provided in subsection (e)(2) of this section, the hearing must be concluded no more than 60 days from the Commission’s receipt of the referred bill. (2) The Planning Commission must evaluate the bill in accordance with the standards in § 5-508 {“Approval standards”} of this subtitle. (3) Within 15 days of the close of the public hearing, the Planning Commission must: (i) issue its written report and recommendations; and (ii) forward its report and recommendations, together with all agency reports and recommendations received, to the applicant and to the City Council’s Executive Secretary. (4) (i) For a text amendment, the Planning Commission may recommend approval, amendment, or denial of the application. (ii) For a map amendment, the Planning Commission may recommend: (A) approval or denial of the application; (B) an alternative zoning designation than that applied for; or (C) the removal or addition of properties from the application. (b) Within 30 days of the bill’s introduction, the Board of Municipal and Zoning Appeals must submit its written report and recommendation to the City Council, with a copy to the Zoning Administrator. (c) Within 15 business days of the bill’s introduction, City Council must refer the bill and all accompanying documents to the Director of Transportation for review and, if required, traffic mitigation, as provided in § 5-201(d) {“Introduction: Traffic mitigation”} of this title, if: (1) traffic-mitigation requirements have not already been complied with in accordance with this Code or the City Building, Fire, and Related Codes Article; and (2) the proposed legislative authorization: (i) is for property in a Traffic-Mitigation Zone designated in Building Code § 3805 {“Traffic-Mitigation Zones”} and involves 10 or more dwelling units; (ii) involves 15,000 sq. ft. or more of gross floor area; or (iii) involves 50 or more dwelling units. (d) Within 30 days of the bill’s introduction, any other agencies to which the bill might have been referred must submit their written reports and recommendations to the City Council, with a copy to the Zoning Administrator. (e) (1) If an agency fails to submit its written report and recommendations within the period specified by this section, the City Council may proceed without that report and recommendations. (2) However, the applicant may waive this time limit and consent to an extension of the reporting period by giving written notice of the waiver and consent to the President of the City Council, with copies to the Board of Municipal and Zoning Appeals, the Planning Commission, and the Zoning Administrator. *History: Ord. 16-581* ##### § 5-507 Action by City Council. Balt., Md., Code art. 32, § 5-507 (2026) (a) (1) The bill must be considered at a public hearing of a committee of the City Council. Notice of the public hearing must be given in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. (2) The committee must evaluate the bill in accordance with the standards in § 5-508 {“Approval standards”} of this subtitle. (b) The City Council may approve, amend, or disapprove any legislative authorization. (c) (1) Except as otherwise specified in this subsection, whenever a legislative authorization is amended: (i) another public hearing must be held on the bill as amended; and (ii) the requirements of this subtitle for notice and for agency reports apply to the additional hearing. (2) An additional hearing is not required for: (i) an amendment that consists only of a change in punctuation, grammar, or spelling and does not in any way alter the substance of the ordinance; (ii) any other amendment that does not in any way alter the substance of the ordinance; (iii) an amendment proposed in and approved by Committee; or (iv) an amendment to a comprehensive rezoning if, for at least 14 days before any vote is taken on the amendment, a description of the amendment: (A) has been provided to the Department of Legislative Reference and to the Department of Planning and by them made available for inspection and copying by the public; and (B) has been posted on the Department of Planning’s website. (d) A bill proposing a legislative authorization is considered to have failed and the application denied if the City Council fails to act finally on the bill within 12 months from the earlier of: (1) the date on which the last of the required agency reports and recommendations is received; and (2) the last day of the agency reporting period, as set by this section. *History: Ord. 16-581* *History: 17-049* *History: Ord. 18-171* ##### § 5-508 Approval standards. Balt., Md., Code art. 32, § 5-508 (2026) (a) Legislative authorizations must be evaluated by the Planning Commission and the City Council in accordance with the standards set forth in this section. (b) (1) As required by the State Land Use Article, the City Council may approve the legislative authorization based on a finding that there was either: (i) a substantial change in the character of the neighborhood where the property is located; or (ii) a mistake in the existing zoning classification. (2) In making the determination required by subsection (b)(1) of this section, the City Council must also make findings of fact that address: (i) population changes; (ii) the availability of public facilities; (iii) present and future transportation patterns; (iv) compatibility with existing and proposed development for the area; (v) the recommendations of the City agencies and officials; and (vi) the proposed amendment’s consistency with the City’s Comprehensive Master Plan. (3) Additional standards that must be considered for map amendments are: (i) existing uses of property within the general area of the property in question; (ii) the zoning classification of other property within the general area of the property in question; (iii) the suitability of the property in question for the uses permitted under its existing zoning classification; and (iv) the trend of development, if any, in the general area of the property in question, including changes, if any, that have taken place since the property in question was placed in its present zoning classification. (4) (i) To rezone land from the Maritime Industrial (“MI”) District to any other zoning district, the Planning Commission must find that the proposed amendment: (A) is consistent with the most current Baltimore City Comprehensive Master Plan; (B) sustains or enhances transportation access into and out of the Port of Baltimore; (C) ensures the long-term preservation of the deep water assets of the Port of Baltimore for maritime industrial use; (D) protects maritime industrial land uses from the intrusion of non- industrial uses; (E) sustains or enhances the current and future maritime industrial economic development growth in the District; (F) establishes an adequate physical separation that will buffer non-industrial land uses from maritime industrial uses; and (G) adheres with federal and state laws regarding homeland security, generally, and port safety, specifically. (ii) If an application is filed to rezone property from the Maritime Industrial District, the Director of Planning must notify the Maryland Port Administration and any adjacent property owners of the application. At least 30 days before the Planning Commission hearings on the application, the Director of Planning must seek an opinion from the Maryland Port Administration on the application of the criteria listed in subparagraph (i) of this paragraph. (c) Standards that must be considered for text amendments are: (1) the amendment’s consistency with the City’s Comprehensive Master Plan; (2) whether the amendment would promote the public health, safety, and welfare; (3) the amendment’s consistency with the intent and general regulations of this Code; (4) whether the amendment would correct an error or omission, clarify existing requirements, or effect a change in policy; and (5) the extent to which the amendment would create nonconformities. *History: Ord. 16-581* *History: Ord. 18-171* #### Subtitle 6 – Notices ##### § 5-601 Map or text amendments; PUDs. Balt., Md., Code art. 32, § 5-601 (2026) (a) For a bill proposing a zoning map amendment, a zoning text amendment, or the creation, modification, or repeal of a planned unit development, the City Council committee to which the bill has been referred must conduct a hearing at which: (1) the parties in interest and the general public will have an opportunity to be heard; and (2) all agency reports will be reviewed. (b) Notice of the hearing must be given by each of the following methods, as applicable: (1) by publication in a newspaper of general circulation in the City; (2) for the creation or modification of a planned unit development and for a zoning map amendment, other than a comprehensive rezoning: (i) by posting in a conspicuous place on the subject property; and (ii) by first-class mailing of a written notice, on forms provided by the Zoning Administrator, to each person who appears on the tax records of the City as an owner of the property to be rezoned and each person that appears on the tax records of the City as an owner of property that is within the planned unit development to be amended; and (3) for a comprehensive rezoning: (i) by posting in conspicuous places within and around the perimeter of the subject area or district, as the Department of Planning designates; and (ii) by first-class mailing of a written notice, on forms provided by the Zoning Administrator, to each person who appears on the tax records of the City as an owner of property within the subject area or district. (c) The notice must include: (1) the date, time, place, and purpose of the public hearing; (2) the address of the subject property or a drawing or description of the boundaries of the area affected by the proposed rezoning; and (3) the name of the applicant. (d) (1) For a zoning map amendment or the creation or modification of a planned unit development, the number and manner of posting is as follows: (i) for an individual property, at least 1 sign must be visible from each of the property’s street frontages; (ii) for a comprehensive rezoning, a change in the boundaries of a zoning district, or the creation or modification of a planned unit development, at least 2 or more signs are required, as the Department of Planning designates; (iii) each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; (iv) a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and (v) each sign must be at least 3 feet by 4 feet in size. (2) Nothing in this subtitle prevents the voluntary posting of more notices than required by this subtitle. (e) The notice must be published, mailed, and, except as provided in subsection (f) of this section, posted: (1) at least 15 days before the public hearing; or (2) for a comprehensive rezoning, at least 30 days before the public hearing. (f) For a zoning map amendment or the creation or modification of a planned unit development, the posted notice must be: (1) posted at least 30 days before the public hearing; and (2) removed within 48 hours after conclusion of the public hearing. (g) If an application is made to rezone any property in the MI District, the Director of Planning must notify the Maryland Port Administration and the owners of any adjacent property of the application. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 19-252* *History: * ##### § 5-602 Major variances; Conditional uses. Balt., Md., Code art. 32, § 5-602 (2026) (a) For major variances and conditional uses, the Board of Municipal and Zoning Appeals or the City Council, as the case may be, must conduct a hearing at which: (1) the parties in interest and the general public will have an opportunity to be heard; and (2) all agency reports will be read. (b) Notice of the hearing must be given by posting in a conspicuous place on the subject property. (c) The notice must include: (1) the date, time, place, and purpose of the public hearing; (2) the address of the subject property or a drawing or description of the boundaries of the area affected by the proposed variance or conditional use; (3) the name of the applicant; and (4) how additional information on the matter can be obtained. (d) (1) The number and manner of posting is as follows: (i) for an individual property, at least 1 sign must be visible from each of the property’s street frontages; (ii) each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; (iii) a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and (iv) each sign must be at least 3 feet by 4 feet in size. (2) Nothing in this subtitle prevents the voluntary posting of more notices than required by this subtitle. (e) The posted notice must be: (1) posted at least 21 days before the public hearing; and (2) removed within 48 hours after conclusion of the public hearing. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 5-603 Minor variances. Balt., Md., Code art. 32, § 5-603 (2026) (a) Notice of an application for a minor variance must be given by posting in a conspicuous place on the subject property. (b) The notice must include: (1) the purpose of the application; (2) the address of the subject property or a drawing or description of the boundaries of the area affected by the proposed rezoning; (3) the name of the applicant; and (4) where, how, and by when any objections must be filed. (c) (1) The number and manner of posting is as follows: (i) for a property with more than 1 street frontage, at least 1 sign must be visible from each street frontage; (ii) each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; (iii) a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and (iv) each sign must be at least 3 feet by 4 feet in size. (2) Nothing in this subtitle prevents the voluntary posting of more notices than required by this subtitle. (d) The posted notice must be: (1) posted at least 21 days before the Zoning Administrator makes a decision on the application; and (2) removed within 48 hours after a written decision is issued. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 5-604 Planning Commission consideration of site-specific projects. Balt., Md., Code art. 32, § 5-604 (2026) (a) For any site-specific matter, the Planning Commission must conduct a public hearing at which: (1) the parties in interest and general public will have an opportunity to be heard; and (2) staff reports and recommendations will be read. (b) (1) In addition to any other form of notice required by law or regulation, notice of the hearing must be given by posting in conspicuous places within and around the perimeter of the subject property or area. (2) Where a property is added to a proposal by amendment, the requirements of paragraph (1) of this subsection (b) do not apply if: (i) a notice was previously mailed to the owner of record of the property about the proposed inclusion; or (ii) the property owner of record has agreed to the proposed inclusion by amendment either in person at a public meeting or in writing. (c) The posted notice must include: (1) the date, time, place, and purpose of the hearing; (2) the address of the subject property or a drawing or description of the boundaries of the subject area; (3) the name and address of the applicant; and (4) how additional information on the matter can be obtained. (d) The number of posted notices and the manner of their posting are as follows: (1) For a notice applicable only to an individual property, at least one sign must be visible from each of the property’s street frontages. (2) For a notice applicable to more than one property (e.g., a modification to a Planned Unit Development), at least 2 or more signs are required, as the Department of Planning designates. (3) Each sign must be at least 3 feet by 4 feet in size. (4) Each sign must be composed of waterproof materials sufficient to ensure the sign will last the required posting period (corrugated vinyl and polyurethane banner being acceptable). (e) The posted notice must be: (1) posted at least 10 days before the public hearing; and (2) removed within 48 hours after conclusion of the hearing. (f) At least 4 calendar days before any meeting of the Planning Commission, the Commission must deliver to each member of the City Council, by email or in person, an agenda of all matters that the Planning Commission proposes to consider at that meeting. (g) When applying for the creation of a new planned unit development or for a major change or repeal of a planned unit development, the applicant must provide written notification to all other owners, or their authorized agents, of property within the proposed or existing planned unit development boundaries, as the Department of Planning requires. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 19-252* *History: * ##### § 5-605 Balt., Md., Code art. 32, § 5-605 (2026) Reserved ##### § 5-606 Responsibility for notices. Balt., Md., Code art. 32, § 5-606 (2026) The notices required by this subtitle must be given by and at the expense of the following: (1) the applicant, for applications initiated by or on behalf of a property owner; and (2) the Mayor and City Council, for applications initiated by the City. *History: Ord. 16-581* ##### § 5-607 Electronic notice. Balt., Md., Code art. 32, § 5-607 (2026) Additional electronic notice by website or email for public hearings under this Code may be provided. This notice is discretionary, and any defect in or failure to strictly adhere to an electronic notice is not a basis for declaring any legislative authorization invalid or void. *History: Ord. 16-581* #### Subtitle 7 – Use Permits ##### § 5-701 Purpose. Balt., Md., Code art. 32, § 5-701 (2026) The purpose of this subtitle is to set out the requirements for obtaining a use permit. *History: Ord. 16-581* ##### § 5-702 Nature of permit. Balt., Md., Code art. 32, § 5-702 (2026) A use permit is a document issued for a structure or land that states that the use or occupancy of the structure or land: (1) complies with the provisions of this Code; and (2) is the authorized use for that structure or land. *History: Ord. 16-581* ##### § 5-703 Authorization and issuance. Balt., Md., Code art. 32, § 5-703 (2026) A use permit for a structure or land is: (1) authorized by the Zoning Administrator; and (2) issued by the Housing Commissioner. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 5-704 When required. Balt., Md., Code art. 32, § 5-704 (2026) A use permit is required before any person may: (1) occupy any newly-constructed structure or any addition to a previously-constructed structure; (2) use for any purpose any previously vacant land; (3) make any change in the authorized use of any land or structure; or (4) occupy any building that: (i) has been unoccupied for more than 1 year; or (ii) is subject to an outstanding vacant building notice. *History: Ord. 16-581* ##### § 5-705 Procedure. Balt., Md., Code art. 32, § 5-705 (2026) The procedure for authorizing and obtaining a use permit is as determined by the Housing Commissioner. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 8 – Zoning Consultations ##### § 5-801 Purpose. Balt., Md., Code art. 32, § 5-801 (2026) The consultation process provided for by this subtitle recognizes that the provisions of this Code, though detailed and extensive, cannot as a practical matter address every specific zoning issue. This process is thus intended to assist in clarifying the purpose and intent of the provisions of this Code. It is not intended, however, to permit adding to or changing the essential content of this Code. *History: Ord. 16-581* ##### § 5-802 Who may request. Balt., Md., Code art. 32, § 5-802 (2026) The following may request a consultation with the Zoning Administrator to assist in clarifying provisions of this Code: (1) the owner of any property in the City; (2) any person expressly authorized by a property owner in writing; or (3) any Councilmember or other official of City government. *History: Ord. 16-581* ##### § 5-803 Procedure. Balt., Md., Code art. 32, § 5-803 (2026) On request under § 5-802 {“Who may request”} of this subtitle, the Zoning Administrator: (1) must review the request; and (2) may: (i) ask for additional information; (ii) provide the consultation requested; and (iii) provide a written summary of the consultation results. *History: Ord. 16-581* ##### § 5-804 Non-binding status of consultations. Balt., Md., Code art. 32, § 5-804 (2026) (a) Zoning consultations are meant to provide advisory information about the application of the Zoning Code. Results of a consultation are not binding on the Zoning Administrator, the Board of Municipal and Zoning Appeals, the Planning Commission, or the Mayor and City Council when addressing questions that arise under this Code. (b) All written summaries of consultations must include the following statement: “The results of any Zoning Code consultation provided under this subtitle are advisory only and are not binding on the Zoning Administrator, the Board of Municipal and Zoning Appeals, the Planning Commission, or the Mayor and City Council when making decisions on matters within the scope of their authority under the Zoning Code or any provision of federal, state, or local law or regulation.” *History: Ord. 16-581* #### Subtitle 9 – Zoning Verifications ##### § 5-901 Purpose. Balt., Md., Code art. 32, § 5-901 (2026) (a) A zoning verification is a document issued by the Zoning Administrator, at an applicant’s request and for the applicant’s own use, that: (1) states whether a property complies with the use regulations of the district in which it is located; (2) states whether a property complies with the bulk and yard regulations of the district in which it is located; or (3) states whether a requested variance qualifies as a minor variance or as a major variance in the district in which the property is located. (b) A zoning verification is not required by this Code. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 5-902 Procedure. Balt., Md., Code art. 32, § 5-902 (2026) (a) (1) A zoning verification may be obtained from the Zoning Administrator, on application and payment of a fee for each request. (2) Except as provided in paragraph (3) of this subsection, a separate application must be made for each individual lot of property. (3) A community-managed open-space garden or farm need only pay the fee and submit an application for verification as a single lot, as long as the lots constituting that use are contiguous. (b) Each application must contain the following information: (1) The block and lot number of the property; (2) a description or definite street location of the property; (3) The name and address of the present owner of the property; and (4) the existing and any proposed use of the property. (c) In issuing a zoning verification, the Zoning Administrator must consider both the use specified in the application submitted for the verification and the information contained in the Zoning Administrator’s official records. A zoning verification that states a property is in compliance is limited by the accuracy of the information submitted by the applicant. *History: Ord. 16-581* ##### § 5-903 City immune from liability. Balt., Md., Code art. 32, § 5-903 (2026) Neither the Mayor and City Council of Baltimore, the Zoning Administrator, nor any of their officers, agents, or employees may be held liable to any person, under any circumstances, in connection with or resulting from the issuance of any zoning verification or in connection with or resulting from any information or statement contained in any zoning verification. *History: Ord. 16-581* ### Title 6 – Zoning Districts; Maps and Profiles #### Subtitle 1 – Purpose of Title ##### § 6-101 Purpose. Balt., Md., Code art. 32, § 6-101 (2026) The purpose of this title is to outline the different zoning districts and the zoning map, floodplain overlay maps, and flood profiles subject to this Code. *History: Ord. 16-581* #### Subtitle 2 – Zoning Districts ##### § 6-201 Establishment of districts. Balt., Md., Code art. 32, § 6-201 (2026) To carry out the purposes of this Code, the City is divided into zoning districts, as listed in this subtitle and located on the zoning map, floodplain overlay maps, and flood profiles adopted under this Code. *History: Ord. 16-581* ##### § 6-202 Open-Space and Environmental Districts. Balt., Md., Code art. 32, § 6-202 (2026) The Open-Space and Environmental Districts are:
OS Open-Space Zoning District
FP Floodplain Overlay Zoning District
CBCA Chesapeake Bay Critical Area Overlay Zoning District
*History: Ord. 16-581* ##### § 6-203 Detached and Semi-Detached Residential Districts. Balt., Md., Code art. 32, § 6-203 (2026) The Detached and Semi-Detached Residential Districts are:
R-1A Detached Residential Zoning District
R-1B Detached Residential Zoning District
R-1C Detached Residential Zoning District
R-1D Detached Residential Zoning District
R-1E Detached Residential Zoning District
R-1 Detached Residential Zoning District
R-2 Detached and Semi-Detached Residential Zoning District
R-3 Detached Residential Zoning District
R-4 Detached and Semi-Detached Residential Zoning District
*History: Ord. 16-581* ##### § 6-204 Rowhouse and Multi-Family Residential Districts. Balt., Md., Code art. 32, § 6-204 (2026) The Rowhouse and Multi-Family Residential Districts are:
R-5 Rowhouse and Multi-Family Residential Zoning District
R-6 Rowhouse and Multi-Family Residential Zoning District
R-7 Rowhouse and Multi-Family Residential Zoning District
R-8 Rowhouse and Multi-Family Residential Zoning District
R-9 Rowhouse and Multi-Family Residential Zoning District
R-10 Rowhouse and Multi-Family Residential Zoning District
*History: Ord. 16-581* ##### § 6-205 Commercial Districts. Balt., Md., Code art. 32, § 6-205 (2026) The Commercial Districts are:
C-1 Neighborhood Business Zoning District
C-1-E Neighborhood Business and Entertainment Zoning District
C-1-VC Neighborhood Business Zoning District (Village Center)
C-2 Community Commercial Zoning District
C-3 General Commercial Zoning District
C-4 Heavy Commercial Zoning District
C-5 Downtown District
*History: Ord. 16-581* ##### § 6-206 Industrial Districts. Balt., Md., Code art. 32, § 6-206 (2026) The Industrial Districts are:
OIC Office-Industrial Campus Zoning District
BSC Bio-Science Campus Zoning District
IMU-1 Industrial Mixed-Use Zoning District
IMU-2 Industrial Mixed-Use Zoning District
I-1 Light Industrial Zoning District
I-2 General Industrial Zoning District
MI Maritime Industrial Zoning District
*History: Ord. 16-581* *History: Ord. 19-244* ##### § 6-207 Special Purpose Districts. Balt., Md., Code art. 32, § 6-207 (2026) The Special Purpose Districts are:
OR Office-Residential Zoning District
TOD-1 Transit-Oriented Development District
TOD-2 Transit-Oriented Development District
TOD-3 Transit-Oriented Development District
TOD-4 Transit-Oriented Development District
EC Educational Campus Zoning District
H Hospital Campus Zoning District
T Transportation Zoning District
W Waterfront Overlay Zoning District
R-MU Rowhouse Mixed-Use Overlay District
D-MU Detached Dwelling Mixed-Use Overlay District
AU Adult Use Overlay Zoning District
PC Port Covington Zoning District
*History: Ord. 16-581* *History: Ord. 19-244* #### Subtitle 3 – Maps and Profiles ##### § 6-301 Maps and profiles part of Code. Balt., Md., Code art. 32, § 6-301 (2026) (a) The zoning map, floodplain overlay maps, and flood profiles adopted under this Code are incorporated in and made a part of this Code as fully as if they were set forth and described in this Code. (b) As evidence of the authenticity of these maps and profiles, each is to be signed by the Mayor and by the President of the City Council. (c) (1) The Zoning Administrator may convert these maps and profiles into, and maintain and periodically update them in, a geographic database or other digital format that is capable of depicting the zoning lines and designations in both electronic and printed forms. (2) On certification by the Director of Transportation, the maps and profiles converted to a digital format under this subsection: (i) are legalized for purposes of the Zoning Code of Baltimore City; and (ii) may be taken by all public officials and others as evidence of the original maps and profiles adopted under this Code. *History: Ord. 16-581* ##### § 6-302 Letter or letter-number designations. Balt., Md., Code art. 32, § 6-302 (2026) The use on the zoning map of a letter or a letter-number combination to designate a district indicates that the regulations applying to that district extend throughout the whole area bounded by the district boundary lines, as determined by the provisions of § 6-303 {“Boundary line determination”} of this subtitle. *History: Ord. 16-581* ##### § 6-303 Boundary line determination. Balt., Md., Code art. 32, § 6-303 (2026) (a) The precise location of a zoning district boundary line is determined as specified in this section. (b) Where a district boundary line is shown as being within or along a street, alley, other public or private way, or an extension of any of them, or as being within or along a non-navigable stream, the boundary is the center line of that street, alley, other way, extension, or stream. (c) Where a district boundary line is shown as along or superimposed on a lot line, the boundary is that lot line. (d) Where the location of a district boundary line is indicated by a designated number of feet, that distance controls. (e) Where a district boundary line is shown as being within or along a railroad right-of-way, the boundary line of that railroad right-of-way controls. (f) Where a district boundary line is shown as along a navigable waterway and is not otherwise fixed, the boundary is: (1) the line that coincides with the “pierhead line” (that is, the legal boundary beyond which artificial structures, such as piers, may not project); or (2) where no pierhead line has been established, the line that coincides with the mean low tide line. (g) Unless otherwise indicated on the zoning map, submerged land that is later reclaimed is in the same district as the non-submerged premises to which the reclaimed land is contiguous. (h) Where a district boundary line is shown and its location is not fixed by any of the rules of this section, its precise location is determined by scaling from fixtures, objects, or other structures shown on the zoning map. *History: Ord. 16-581* ##### § 6-304 Property divided by zoning district line. Balt., Md., Code art. 32, § 6-304 (2026) Where a lot is divided into 2 or more parts by a zoning district line: (1) for all purposes except density, each part must comply with all of the regulations applicable to its zoning classification; and (2) for density purposes, the lot area computation of each part may be totaled and then distributed throughout the lot, without regard to the zoning lines. *History: Ord. 16-581* #### Subtitle 4 ### Title 7 – Open-Space and Environmental Districts #### Subtitle 1 – Purpose of Title ##### § 7-101 Purpose. Balt., Md., Code art. 32, § 7-101 (2026) The purpose of this title is to set out the use regulations, bulk and yard regulations, and other standards for: (1) Open-Space Zoning Districts; (2) Floodplain Overlay Zoning Districts; and (3) Chesapeake Bay Critical Area Overlay Zoning District. *History: Ord. 16-581* #### Subtitle 2 – Open-Space Zoning Districts ##### § 7-201 Purpose of Open-Space Districts. Balt., Md., Code art. 32, § 7-201 (2026) (a) The purpose of the Open-Space (“OS”) Zoning District is to enhance the quality of life for City residents by permanently preserving public open space as an important public asset and critical environmental infrastructure. (b) The regulations for this district are intended to: (1) protect and promote public and private open space; (2) provide public reflective, cultural, educational, and recreational opportunities; (3) enhance the urban environment; (4) provide pedestrian and bicycle transportation connections; (5) encourage neighborhood investment in and stewardship of natural green spaces and native flora and fauna; (6) protect and enhance natural resources, including forests, habitat, and water quality; and (7) ensure the environmental benefits of adequate light, air, and water in City neighborhoods. (c) The Open-Space District applies to public and private open space properties and cemeteries. *History: Ord. 16-581* ##### § 7-202 Use regulations. Balt., Md., Code art. 32, § 7-202 (2026) Only those uses of land listed in Table 7-202: Open-Space Districts – Permitted and Conditional Uses are allowed within an Open-Space Zoning District. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 7-203 Bulk and yard regulations. Balt., Md., Code art. 32, § 7-203 (2026) (a) Table 7-203: Open-Space Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for an Open-Space Zoning District. (b) (1) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (2) Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. *History: Ord. 16-581* ##### § 7-204 Other applicable standards. Balt., Md., Code art. 32, § 7-204 (2026) (a) The Open-Space Zoning District is also subject to the standards identified in this section. (b) Standards governing accessory structures and uses are as set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. (c) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. (d) Standards governing off-street parking and loading are as set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. (e) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. (f) Sign standards are as set forth in Title 17 {“Signs”} of this Code. (g) Standards governing temporary uses are as set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 3 – Floodplain Overlay Zoning District ##### § 7-301 Definitions. Balt., Md., Code art. 32, § 7-301 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) “Floodplain” has the meaning stated in City Code Article 7 {“Natural Resources”}, § 1-2(v) {“Definitions: Floodplain”}. (c) “Floodplain maps” means the series of maps and profiles known as the Flood Insurance Rate Maps and Flood Insurance Study for the City of Baltimore, dated June 16, 2021, as prepared, revised, or amended from time to time for the Federal Emergency Management Agency, Flood Insurance Administrator in accordance with City Code Article 7, Division I {“Floodplain Management”}. (d) “Floodplain Overlay Zoning District”, “Floodplain District”, or “Overlay District” means all areas shown as floodplains on the floodplain maps. *History: Ord. 16-581* *History: Ord. 21-020* ##### § 7-302 Purpose of Floodplain Overlay District. Balt., Md., Code art. 32, § 7-302 (2026) The Floodplain (“FP”) Overlay Zoning District regulates the placement and use of structures and the use of land in the floodplain, with the design towards: (1) protecting human life and health; (2) minimizing damage to public and private property; (3) preventing or minimizing future flood damage; (4) protecting the public water supply and sanitary sewage disposal systems; (5) preserving natural drainage systems; and (6) reducing financial burdens imposed on the City and its citizens. *History: Ord. 16-581* ##### § 7-303 Overlay subdistricts. Balt., Md., Code art. 32, § 7-303 (2026) (a) The Floodplain Overlay Zoning District is divided into the following 6 subdistricts, each designating a measurable degree of flood hazard, as delineated on the floodplain maps. (b) The Floodway comprises that part of the Overlay District that is described in City Code Article 7, § 2-2(b) {“Subdistricts: Floodway”}. (c) The Floodway Fringe comprises those lands within the Overlay District that are described in City Code Article 7, § 2-2(c) {“Subdistricts: Floodway Fringe”}. (d) The Approximated Floodplain comprises those lands within the Overlay District that are described in City Code Article 7, § 2-2(d) {“Subdistricts: Approximated Floodplain”}. (e) The Coastal Floodplain comprises those lands within the Overlay District that are described in City Code Article 7, § 2-2(e) {“Subdistricts: Coastal Floodplain”}. (f) The Coastal High Hazard Area comprises those lands within the Overlay District that are described in City Code Article 7, § 2-2(f) {“Subdistricts: Coastal High Hazard Area”}. (g) The flood resilience area comprises those lands within the Overlay District that are described in City Code Article 7, § 2-2(g) {“Subdistricts: Flood Resilience Area”}. *History: Ord. 16-581* ##### § 7-304 Use regulations. Balt., Md., Code art. 32, § 7-304 (2026) (a) (1) Except as otherwise specifically limited or prohibited by this section or by other applicable law (See § 7-309 of this subtitle), all uses allowed in a Floodplain Overlay Zoning District are as otherwise provided in this Code for the underlying zoning district. (2) In addition to the general requirements of this Code governing conditional uses, a conditional use in a Floodplain Overlay District is subject to the standards and procedures contained in § 7-306 {“Variances and conditional uses”} of this subtitle. (b) The only uses allowed in the Floodway are the following recreational facilities, but not including accessory buildings: (1) athletic fields; (2) golf courses; and (3) parks. (c) Notwithstanding any other provision to the contrary, no public utility or government service use may be located in any floodplain if it: (1) might impede, retard, or change the direction of the flow of water; (2) will catch or collect debris carried by the water; or (3) is placed where the natural flow of the stream or floodwaters would carry it downstream to the damage or detriment of any public or private property in or adjacent to the floodplain. *History: Ord. 16-581* ##### § 7-305 Bulk and yard regulations. Balt., Md., Code art. 32, § 7-305 (2026) (a) The bulk and yard regulations applicable to properties in a Floodplain Overlay Zoning District are as otherwise provided in this Code for the underlying zoning district. (b) In addition to the general requirements of this Code governing variances, a variance in a Floodplain Overlay Zoning District is subject to the standards and procedures contained in § 7-306 {“Variances and conditional uses”} of this subtitle. *History: Ord. 16-581* ##### § 7-306 Variances and conditional uses. Balt., Md., Code art. 32, § 7-306 (2026) (a) (1) In addition to the other requirements of this Code governing variances and conditional uses, the additional standards specified in paragraph (2) of this subsection apply to any variance or conditional use that involves any substantial improvement or new construction in a Floodplain Overlay Zoning District. (2) All variances and conditional uses described in paragraph (1) of this subsection are subject to the following additional standards: (i) the variance or conditional use will not result in increased flood heights or additional danger to the public health, safety, or welfare; (ii) the proposal is consistent with the need to minimize flood damage; (iii) all necessary permits have been received from the appropriate state and federal agencies; (iv) all public and private utilities and facilities (including sewer, water, telephone, electric, gas, etc.) are located and constructed to minimize or eliminate flood damage; (v) adequate drainage is provided to reduce exposure to flood hazard; and (vi) the variance or conditional use is necessary because of extraordinary circumstances in local conditions that render the application of certain standards a severe hardship. (b) If the Board of Municipal and Zoning Appeals grants a variance or conditional use under this section, the Board must attach to its decision a warning that: (1) construction below the base flood level may result in increased premium rates for flood insurance; and (2) construction below the base flood level increases risks to life and property. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 7-307 Balt., Md., Code art. 32, § 7-307 (2026) Reserved ##### § 7-308 Municipal and personal liability. Balt., Md., Code art. 32, § 7-308 (2026) A zoning authorization for property that is near a delineated floodplain or near any other land later discovered to be a floodplain: (1) is not a representation, guarantee, or warranty of any kind that the property is not in a floodplain; and (2) may not be used to impose any liability on the City, its elected or appointed officials, or its employees. *History: Ord. 16-581* ##### § 7-309 Other applicable laws. Balt., Md., Code art. 32, § 7-309 (2026) The Floodplain Overlay Zoning District is also subject to the standards, limitations, and prohibitions set forth in other applicable laws governing floodplains and flood hazard areas, including: (1) City Code Article 7, Division I {“Floodplain Management”}; and (2) the City Building, Fire, and Related Codes Article. *History: Ord. 16-581* #### Subtitle 4 – Chesapeake Bay Critical Area Overlay Zoning District ##### § 7-401 Purpose of Critical Area Overlay District. Balt., Md., Code art. 32, § 7-401 (2026) The Chesapeake Bay Critical Area (“CBCA”) Overlay District is designed to foster more sensitive, consistent, and uniform development and redevelopment activity along the City’s shoreline areas of the Chesapeake Bay and its tributaries, so as to minimize damage to water quality and natural or established habitats for the benefit of current and future generations. *History: Ord. 16-581* ##### § 7-402 Definitions. Balt., Md., Code art. 32, § 7-402 (2026) (a) In this subtitle, the following terms have the meanings indicated. (b) (1) “Buffer” means area that: (i) based on conditions at the time of development, is immediately landward from mean high water of tidal waterways, the edge of a bank of a tributary stream, or the edge of a tidal wetland; and (ii) exists, or may be established in, natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance. (2) “Buffer” includes: (i) an area of at least 100-feet, even if that area was previously disturbed by human activity; and (ii) any expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in COMAR 26.23.01.01. (c) (1) “Critical Area” means all lands and waters defined in §8-1807 of the State Natural Resources Article. (2) “Critical Area” includes: (i) all waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide; (ii) all State and private wetlands designated under Title 16 of the State Environment Article; (iii) all land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the State Environment Article; and (iv) modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Critical Area Commission, as specified in § 8-1807 of the State Natural Resources Article. (d) “Critical Area Management Program” or “CAMP” means the Baltimore City Critical Area Management Program, as adopted by Resolution or Ordinance of the Mayor and City Council of Baltimore and approved by the Chesapeake Bay Critical Area Commission. (e) (1) “Development” has the meaning stated in COMAR 27.01.01.01B(21). (2) “Development” includes any one or a combination of the following: (1) construction, reconstruction, modification, expansion, or demolition of structures; (2) placement of fill; (3) dredging; (4) drilling; (5) mining; (6) grading; (7) paving; (8) land excavation; (9) land clearing; (10) land improvement; or (11) storage of materials. (f) (1) “Disturb” means to alter or change land in any way. (2) “Disturb” includes any amount of clearing, grading, or construction activity. (3) “Disturb” does not include gardening or maintenance of an existing grass lawn. (g) “Non-water dependent project” has the meaning stated in COMAR 27.01.13.01. (h) “Non-water dependent structure” means a temporary or permanent structure or activity which, by reason of its intrinsic nature or operation, is not required to be located in or over State or private tidal wetlands. (i) “Significant development” means any development that would: (1) disturb any land in the Buffer; (2) disturb 10,000 or more square feet of land in the Critical Area; (3) result in any disturbance, caused by use, development, or destruction of vegetation, to land in an area designated under the Critical Area Management Program as a “Designated Habitat Protection Area”; or (4) involve an expenditure for improvements to the property equal to or greater than 50% of the assessed value of the property, as recorded in the State Department of Assessment and Taxation’s database. (j) (1) “Water-dependent facilities” means land uses or structures that: (i) are associated with industrial, maritime, recreational, educational, or fisheries activities; (ii) require a location within the Buffer near the shoreline; and (iii) are dependent on the water by reason of the intrinsic nature of their operation. (2) “Water-dependent facilities” include: (i) ports; (ii) intake and outfall structures of power plants; (iii) industries that withdraw water from surface waters regulated by this State, requiring a Water Appropriation and Use Permit from the Maryland Department of the Environment; (iv) marinas and other boat-docking structures; (v) public beaches and water-oriented recreation areas; and (vi) fisheries. (3) “Water-dependent facilities” does not include private piers that are installed and maintained by riparian landowners and are not part of a subdivision that provides community piers. *History: Ord. 16-581* *History: Ord. 20-374* *History: Ord. 20-464* *History: * ##### § 7-403 Designation of Critical Area. Balt., Md., Code art. 32, § 7-403 (2026) The Chesapeake Bay Critical Area Act (State Natural Resources Article Title 8, Subtitle 18) requires the City to designate as its Critical Area an area that consists of, at a minimum: (1) all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide, and all State and private wetlands designated under Title 16 of the State Environment Article; and (2) all land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the State Environment Article. *History: Ord. 16-581* *History: Ord. 20-374* *History: Ord. 20-464* ##### § 7-404 Development areas. Balt., Md., Code art. 32, § 7-404 (2026) (a) State law requires the City to designate “Development Areas” within the Chesapeake Bay Critical Area, based generally on existing development patterns and densities. (b) The 2 types of Development Areas specified in the Critical Area Management Program are: (1) “Resource Conservation Areas, which include the subarea designated as “Shoreline Conservation Area”; and (2) “Intensely Developed Areas”, which comprise 2 subareas designated as: (i) “Waterfront Industrial Areas”; and (ii) “Waterfront Revitalization Areas.” (c) Development area boundaries exist as established on the Baltimore City CAMP Map as provided for under § 7-405(a) of this subtitle {“Boundaries delineated on Map”}. *History: Ord. 16-581* *History: Ord. 20-374* *History: * ##### § 7-405 CAMP Map. Balt., Md., Code art. 32, § 7-405 (2026) (a) The boundaries of the Critical Area, the Buffer, and the Development Areas are delineated on the Baltimore City CAMP Map (2020 Edition), as published and maintained by the Baltimore City Department of Planning. (b) In addition to the requirements of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code, any amendment to the CAMP Map must be reviewed and approved by: (1) the Planning Commission; and (2) the Chesapeake Bay Critical Area Commission. (c) With the approval of the Planning Commission and the Chesapeake Bay Critical Area Commission, the Department pf Planning may create, convert, or update the CAMP Map in a geographic database or other digital format that is capable of depicting the boundaries and designations in both electronic and printed forms. (d) (1) The CAMP Map approved under this section: (i) is legalized for purposes of the Zoning Code of Baltimore City; and (ii) may be taken by all public officials and others as evidence of the boundaries and designations adopted under this subtitle and the Baltimore City Critical Area Management Program. (2) Any other representation of the Critical Area, Buffer, or Development Areas, regardless of the source of publication, are illustrative only and may not be used for determining any of the development requirements or restrictions required in this subtitle or by the Critical Area Management Program. *History: Ord. 16-581* *History: Ord. 20-374* ##### § 7-406 Prohibited uses. Balt., Md., Code art. 32, § 7-406 (2026) (a) The uses prohibited by this section are in addition to those prohibited by§ 1-218 {“Uses prohibited citywide”} of this Code. (b) Except as specified in subsection (d) of this section, the following uses are prohibited within the Critical Area: (1) a non-water dependent structure, except as authorized under State Natural Resources Article § 8-1808.4 {“Critical Area Protection Program: Nonwater-dependent projects”}; (2) collection, storage, handling, or disposal of hazardous or toxic materials, as defined in COMAR 11.07.01.01; (3) industrial landfills; (4) liquefied natural gas and petroleum gas terminals; (5) maintenance, dismantling, or storage of abandoned, unlicensed, junked, or derelict vehicles or vehicle parts; (6) non-water dependent uses on barges in tidal waters, except maritime museums; (7) non-water dependent uses on permanently moored vessels in the Inner Harbor Basin, except maritime museums; (8) recycling collection stations; (9) solid waste acceptance facilities, as defined in City Code Article 23, except for facilities approved as a conditional use under this subtitle; and (10) storage and handling of radioactive waste. (c) Except as specified in subsection (d) of this section, the following additional uses are prohibited within the Buffer: (1) cement plants; (2) chemical plants; (3) sand or gravel extraction operations; and (4) storage facilities for nutrients – that is, elements or compounds essential as raw material for organic growth and development (for example, carbon, nitrogen, and phosphorus). (d) The prohibitions in subsections (b) and (c) of this section do not apply if the following standards are met: (1) on recommendation of the Department of Planning, the Board of Municipal and Zoning Appeals finds both that: (i) there is no environmentally acceptable alternative outside the Critical Area; and (ii) the use is needed to correct an existing water quality or wastewater management problem; and (2) for any new use that constitutes a significant development or for any expansion of a nonconforming use, a best management practices plan that will achieve a net improvement in water quality and habitat is submitted and implemented as a requirement of the Critical Area review process. *History: Ord. 16-581* *History: Ord. 20-374* *History: * ##### § 7-407 Resource Conservation Areas. Balt., Md., Code art. 32, § 7-407 (2026) (a) Non-public water-dependent facilities are prohibited in Resource Conservation Areas. (b) In a Resource Conservation Area outside the Buffer, permitted and accessory uses are: (1) open space; (2) public recreation; (3) natural parks; (4) pedestrian easements; (5) bike paths; and (6) cultural and historical sites. (c) In a Resource Conservation Area within the Buffer, permitted and accessory uses are areas for passive recreation, such as nature study and education, but service facilities for these areas must be located outside of the Buffer. (d) In a Resource Conservation Area outside the Buffer, conditional uses are public facilities. (e) In a Resource Conservation Area within the Buffer, conditional uses are public water-dependent facilities. *History: Ord. 16-581* *History: Ord. 20-374* ##### § 7-408 Intensely Developed Areas – Waterfront Revitalization; Shoreline Conservation. Balt., Md., Code art. 32, § 7-408 (2026) (a) (1) In a Waterfront Revitalization Area outside the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited uses”} of this subtitle. (2) In a Waterfront Revitalization subarea designated a Shoreline Conservation Area, no new bulkheads are allowed within 30 feet from the mean high water line. (b) In a Waterfront Revitalization Area within the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited Uses”} and § 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle. (c) In a Waterfront Revitalization Area outside the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited uses”} of this subtitle. (d) In a Waterfront Revitalization Area within the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited uses”} and § 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle. *History: Ord. 16-581* *History: Ord. 20-374* ##### § 7-409 Intensely Developed Areas – Waterfront Industrial. Balt., Md., Code art. 32, § 7-409 (2026) (a) In a Waterfront Industrial Area outside the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited uses”} of this subtitle. (b) In a Waterfront Industrial Area within the Buffer, permitted and accessory uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited Uses”} and § 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle. (c) (1) In a Waterfront Industrial Area outside the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited uses”} of this subtitle. (2) Solid-waste acceptance facilities of the following types require conditional-use approval: waste-to-energy facilities, indoor-operated transfer facilities, and indoor-operated composting facilities, such as “in-vessel” composting facilities. If the use entails any significant development, the Board of Municipal and Zoning Appeals must find, as a condition of its approval, that a best management practices plan that will achieve a net improvement in water quality and habitat is submitted and implemented as a requirement of the Critical Area review process. (d) In a Waterfront Industrial Area within the Buffer, conditional uses are as otherwise provided in this Code for the underlying zoning district, subject to the provisions of § 7-406 {“Prohibited Uses”} and § 7-410 {“Intensely Developed Areas – Water-dependent facilities within Buffer”} of this subtitle. *History: Ord. 16-581* ##### § 7-410 Intensely Developed Areas – Water-dependent facilities within Buffer. Balt., Md., Code art. 32, § 7-410 (2026) In Intensely Developed Areas, water-dependent facilities are allowed in the Buffer only if all of the following standards are met: (1) the use and project meet a recognized private right or public need; (2) adverse effects on water quality and on fish, plant, and wildlife habitats are minimized and equivalent offsets have been made; (3) to the extent possible, all associated non-water-dependent uses and structures are located outside the Buffer; and (4) the facilities meet the requirements of the Critical Area Management Program, the Critical Area Development Manual, and the State law and regulations governing the Critical Area. *History: Ord. 16-581* ##### § 7-411 Public utility and government services. Balt., Md., Code art. 32, § 7-411 (2026) Notwithstanding any other provision to the contrary, every significant development of public utilities or governmental services within the Critical Area is subject to the special requirements and restrictions of the Critical Area Management Program. *History: Ord. 16-581* ##### § 7-412 Abandoned uses. Balt., Md., Code art. 32, § 7-412 (2026) Any use in the Critical Area Overlay District that is discontinued for 12 consecutive months: (1) is considered abandoned; and (2) may not be reestablished in the Critical Area unless, on recommendation of the Department of Planning, the Board of Municipal and Zoning Appeals finds that the use complies with the Critical Area Management Program. *History: Ord. 16-581* ##### § 7-413 Bulk and yard regulations. Balt., Md., Code art. 32, § 7-413 (2026) Properties in the Critical Area Overlay District are subject to: (1) the bulk and yard regulations in the underlying zoning district; and (2) to the extent that they are more restrictive, the lot coverage limitations imposed by the Critical Area Management Program. *History: Ord. 16-581* ##### § 7-414 Variances and conditional uses. Balt., Md., Code art. 32, § 7-414 (2026) (a) In addition to the general requirements of this Code governing variances and conditional uses, a variance or conditional use in the Critical Area is subject to the standards and procedures of: (1) State Natural Resources Article Title 8, Subtitle 18; (2) COMAR Title 27; (3) the Critical Area Management Program; and (4) this section. (b) No conditional use or variance may be granted to authorize a then-existing violation except as authorized in State Natural Resources Article § 8-1808 {“Critical Area Protection Program: Program development...”}. (c) (1) In considering an application for a conditional use or variance, the Planning Department and the Board of Municipal and Zoning Appeals must presume that the specific development activity for which a conditional use or variance is required does not conform with the general purpose and intent of State Natural Resources Article, Title 8, Subtitle 18, the general purpose and intent of COMAR Title 27, or the requirements of the Critical Area Management Program. (2) If the request for a conditional use or variance is based on conditions or circumstances that are the result of actions by the applicant, including the commencement of development activity before an application is filed, the Board of Municipal and Zoning Appeals may consider that fact. (3) An applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established by paragraph (1) of this subsection. (4) The Board of Municipal and Zoning Appeals must make written findings as to whether, based on competent and substantial evidence, the applicant has overcome this presumption. (5) With due regard for the person’s experience, technical competence, and specialized knowledge, the findings may be based on evidence introduced and testimony presented by either: (i) the applicant. (ii) the City or any other government agency; and (iii) any other person considered appropriate by the Board of Municipal and Zoning Appeals. (d) The Board of Municipal and Zoning Appeals must furnish copies of all applications for a conditional use or variance to the Planning Department and the Chesapeake Bay Critical Area Commission. (e) The Planning Department must find both that: (1) special conditions or circumstances exist that are peculiar to the land or structure for which the application is made; and (2) a literal enforcement of the requirements of the Critical Area Management Program would result in the applicant’s being denied reasonable and significant use of the entire parcel or lot for which the conditional use or variance is requested. (f) In addition, the Board of Municipal and Zoning Appeals must find that all of the following standards are met: (1) a literal interpretation of the Critical Area Management Program, the State Chesapeake Bay Critical Area law, or related regulations will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the Critical Area; (2) the granting of a conditional use or variance will not confer on the applicant any special privilege that would be denied under the Critical Area Management Program, the Chesapeake Bay Critical Area law, or related regulations to other lands or structures within the Critical Area; (3) the granting of a conditional use or variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitats within either the Critical Area or any other protected part of the State Chesapeake Bay Critical Area within a neighboring jurisdiction; (4) the granting of a conditional use or variance will be in harmony with the general spirit and intent of the Critical Area Management Program, the State Chesapeake Bay Critical Area law, and related regulations; and (5) the application for the conditional use or variance either: (i) is not based on conditions or circumstances that are the result of the applicant’s own actions; or (ii) does not arise from any condition that relates to a land or building use, whether nonconforming or otherwise allowed, on any neighboring property. *History: Ord. 16-581* ##### § 7-415 Civil penalties. Balt., Md., Code art. 32, § 7-415 (2026) (a) (1) This section is enacted by authority of State Natural Resources Article § 8-1808(c)(1)(iii)14. (2) This section applies in addition to any other civil or criminal penalty authorized by State or City law. (b) Any person who violates a provision of this subtitle, of the Critical Area Management Program, or of any rule or regulation adopted under them, including any contractor, property owner, or other person who authorizes or who assists or participates in the violation, is subject to the imposition by the Zoning Administrator of a civil fine of up to $1,000 for each offense. (c) Each day that a violation continues is a separate offense. (d) In determining the amount of the penalty to be imposed under this section, the Zoning Administrator must consider the following: (1) the gravity of the violation; (2) any willfulness or negligence involved in the violation; (3) the environmental impact of the violation; and (4) the cost of restoring and mitigating the damage to the resource affected by the violation, including the cost to the State or the City for performing, supervising, or rendering assistance to the restoration and mitigation. (e) The procedures for imposing the fine and for providing notice and an opportunity to be heard are as set forth in the Administrative Enforcement Procedures of the Critical Area Management Program. *History: Ord. 16-581* ### Title 8 – Detached and Semi-Detached Residential Districts #### Subtitle 1 – Purpose of Title ##### § 8-101 Purpose. Balt., Md., Code art. 32, § 8-101 (2026) The purpose of this title is to set out the use regulations and the bulk and yard regulations for Detached and Semi-Detached Residential Districts. *History: Ord. 16-581* #### Subtitle 2 – District Descriptions ##### § 8-201 Common standards. Balt., Md., Code art. 32, § 8-201 (2026) (a) In the districts described in this subtitle, residential development is limited to 1 single-family dwelling unit per lot. (b) In any of the districts subject to this title, the conversion of a single-family dwelling to a multi-family dwelling is prohibited. *History: Ord. 16-581* ##### § 8-202 R-1A Detached Residential District. Balt., Md., Code art. 32, § 8-202 (2026) The R-1A Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on large lots of at least 2 acres in areas of countryside character, where environmental sensitivity is required during development to preserve natural features and where transportation access is more limited. *History: Ord. 16-581* ##### § 8-203 R-1B Detached Residential District. Balt., Md., Code art. 32, § 8-203 (2026) The R-1B Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on large lots of at least 1 acre in areas of countryside character, where environmental sensitivity is required during development to preserve natural features and where transportation access is more limited. *History: Ord. 16-581* ##### § 8-204 R-1C Detached Residential District. Balt., Md., Code art. 32, § 8-204 (2026) The R-1C Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on large lots of at least 21,780 square feet in areas of established low density development. *History: Ord. 16-581* ##### § 8-205 R-1D Detached Residential District. Balt., Md., Code art. 32, § 8-205 (2026) The R-1D Detached Residential Zoning District is intended for low density neighborhoods of detached dwellings located on lots of at least 14,520 square feet. *History: Ord. 16-581* ##### § 8-206 R-1E Detached Residential District. Balt., Md., Code art. 32, § 8-206 (2026) The R-1E Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on lots of at least 9,000 square feet. *History: Ord. 16-581* ##### § 8-207 R-1 Detached Residential District. Balt., Md., Code art. 32, § 8-207 (2026) The R-1 Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on lots of at least 7,300 square feet. *History: Ord. 16-581* ##### § 8-208 R-2 Detached and Semi-Detached Residential District. Balt., Md., Code art. 32, § 8-208 (2026) The R-2 Detached and Semi-Detached Residential Zoning District is intended for residential neighborhoods that accommodate both detached and semi-detached dwellings located on lots of at least 5,000 square feet. *History: Ord. 16-581* ##### § 8-209 R-3 Detached Residential District. Balt., Md., Code art. 32, § 8-209 (2026) The R-3 Detached Residential Zoning District is intended for neighborhoods of detached dwellings located on lots of at least 5,000 square feet. *History: Ord. 16-581* ##### § 8-210 R-4 Detached and Semi-Detached Residential District. Balt., Md., Code art. 32, § 8-210 (2026) The R-4 Detached and Semi-Detached Residential Zoning District is intended for neighborhoods that accommodate detached and semi-detached dwellings located on lots of at least 3,000 square feet. *History: Ord. 16-581* #### Subtitle 3 – Use Regulations ##### § 8-301 As listed in Table 8-301. Balt., Md., Code art. 32, § 8-301 (2026) Only those uses of land listed in Table 8-301: Detached and Semi-Detached Residential Districts – Permitted and Conditional Uses are allowed within these zoning districts. *History: Ord. 16-581* #### Subtitle 4 – Bulk and Yard Regulations ##### § 8-401 In general. Balt., Md., Code art. 32, § 8-401 (2026) Table 8-401: Detached and Semi-Detached Residential Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for these zoning districts. *History: Ord. 16-581* ##### § 8-402 Measurement methodologies; Exceptions, etc. Balt., Md., Code art. 32, § 8-402 (2026) (a) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (b) Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. *History: Ord. 16-581* #### Subtitle 5 #### Subtitle 6 – Other Applicable Standards ##### § 8-601 In general. Balt., Md., Code art. 32, § 8-601 (2026) The Detached and Semi-Detached Residential Zoning Districts are also subject to the standards listed in this subtitle. *History: Ord. 16-581* ##### § 8-602 Accessory structures and uses. Balt., Md., Code art. 32, § 8-602 (2026) Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. *History: Ord. 16-581* ##### § 8-603 Site development. Balt., Md., Code art. 32, § 8-603 (2026) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 8-604 Off-street parking and loading. Balt., Md., Code art. 32, § 8-604 (2026) Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. *History: Ord. 16-581* ##### § 8-605 Design standards. Balt., Md., Code art. 32, § 8-605 (2026) All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. *History: Ord. 16-581* ##### § 8-606 Landscaping and screening. Balt., Md., Code art. 32, § 8-606 (2026) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 8-607 Signs. Balt., Md., Code art. 32, § 8-607 (2026) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. *History: Ord. 16-581* ##### § 8-608 Temporary uses. Balt., Md., Code art. 32, § 8-608 (2026) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: Ord. 16-581* ### Title 9 – Rowhouse and Multi-Family Residential Districts #### Subtitle 1 – Purpose of Title ##### § 9-101 Purpose. Balt., Md., Code art. 32, § 9-101 (2026) The purpose of this title is to set out the use regulations and the bulk and yard regulations for Rowhouse and Multi-Family Residential Districts. *History: Ord. 16-581* #### Subtitle 2 – District Descriptions ##### § 9-201 R-5 Transitional Residential District. Balt., Md., Code art. 32, § 9-201 (2026) (a) The R-5 Transitional Residential Zoning District is intended for those areas that facilitate a transition from primarily single-family neighborhoods to neighborhoods that contain a wider mix of housing types. (b) The R-5 District is meant to accommodate single-family units in both detached and semi-detached dwellings, rowhouse developments, and limited low-rise multi-family garden apartment developments of a moderate density. *History: Ord. 16-581* ##### § 9-202 R-6 Garden Rowhouse Residential District. Balt., Md., Code art. 32, § 9-202 (2026) (a) The R-6 Garden Rowhouse Residential Zoning District is intended for primarily low density rowhouse neighborhoods that reflect a naturalistic environment typified by open and landscaped front yards of buildings that are set back and that contain stoops and porches oriented to those yards. (b) The R-6 District is meant to accommodate single-family units in both detached and semi-detached dwellings, rowhouse developments, and multi-family developments of a moderate density. *History: Ord. 16-581* ##### § 9-203 R-7 Mixed Residential District. Balt., Md., Code art. 32, § 9-203 (2026) (a) The R-7 Mixed Residential Zoning District is intended for those areas that offer a diverse range of housing types. Development in this district accommodates a transition between naturalistic and urban residential settings. (b) The R-7 District is meant to accommodate a diverse range of housing types, including detached and semi-detached dwellings, rowhouse developments, and multi-family developments of a larger scale than found in the more restrictive residential districts. *History: Ord. 16-581* ##### § 9-204 R-8 Rowhouse Residential District. Balt., Md., Code art. 32, § 9-204 (2026) (a) The R-8 Rowhouse Residential Zoning District is intended to accommodate and maintain the traditional form of urban rowhouse development typical of many of the City’s inner neighborhoods, which contain continuous, block-long rowhouse development built to or only modestly set back from the street. (b) Although rowhouse is the predominant housing type, this district also accommodates other residential types, of a similar density, including detached and semi-detached dwellings, and multi-family developments of a larger scale than found in more restrictive zoning districts. *History: Ord. 16-581* ##### § 9-205 R-9 Multi-Family Residential District. Balt., Md., Code art. 32, § 9-205 (2026) (a) The R-9 Multi-Family Residential Zoning District is intended for those areas with significant green space surrounding development, particularly higher density housing and non-residential uses. (b) The R-9 District contains a mix of higher density, but predominantly mid-rise, housing types. Permitted housing types include single-family homes, both detached and semi-detached, rowhouse developments, and multi-family developments, all with significant front yard open space. Characteristic of this district are multi-family developments sited with significant front yard open space and rowhouse developments with open space both along the perimeter of the site and within the development. *History: Ord. 16-581* ##### § 9-206 R-10 High-Density Residential District. Balt., Md., Code art. 32, § 9-206 (2026) The R-10 High-Density Residential Zoning District is intended for areas of significant density accommodated in concentrated high rise and rowhouse development environments. *History: Ord. 16-581* #### Subtitle 3 – Use Regulations ##### § 9-301 As listed in Table 9-301. Balt., Md., Code art. 32, § 9-301 (2026) Only those uses of land listed in Table 9-301: Rowhouse and Multi-Family Residential Districts – Permitted and Conditional Uses are allowed within these zoning districts. *History: Ord. 16-581* #### Subtitle 4 – Bulk and Yard Regulations ##### § 9-401 In general. Balt., Md., Code art. 32, § 9-401 (2026) Table 9-401: Rowhouse and Multi-Family Residential Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for these zoning districts. *History: Ord. 16-581* ##### § 9-402 Measurement methodologies; Exceptions, etc. Balt., Md., Code art. 32, § 9-402 (2026) (a) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (b) Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. *History: Ord. 16-581* ##### § 9-403 Setback reduction for courtyard design. Balt., Md., Code art. 32, § 9-403 (2026) (a) Multi-family dwellings designed with a courtyard are permitted a reduction of the front yard requirement. (b) Front yards may be reduced for courtyard building design as long as: (1) no more than 75% of the building’s frontage maintains a minimum front yard of 15 feet; (2) the remaining frontage meets the minimum required front yard or 30 feet, whichever is greater; and (3) those portions of the courtyard building located at a reduced front yard are evenly spaced or within 10% of even spacing. *History: Ord. 16-581* #### Subtitles 5 and 6 #### Subtitle 7 – Residential Conversions ##### § 9-701 Where allowed. Balt., Md., Code art. 32, § 9-701 (2026) In the Residence Districts, the conversion of a single-family dwelling to a multi-family dwelling is allowed only in the R-7, R-8, R-9, and R-10 Districts, subject to: (1) the requirements of this subtitle; and (2) in the R-7 and R-8 Districts, conditional-use approval by Ordinance of the Mayor and City Council. *History: Ord. 16-581* ##### § 9-702 Design review. Balt., Md., Code art. 32, § 9-702 (2026) (a) Design review approval is required if exterior modifications are proposed. (b) As part of the submittal for design review, construction drawings and plans that describe the proposed conversion in detail are required. *History: Ord. 16-581* ##### § 9-703 Conversion standards. Balt., Md., Code art. 32, § 9-703 (2026) (a) All conversions must meet the standards set forth in this section. (b) The dwelling must continue to conform to the applicable bulk and yard regulations, including lot area per dwelling unit, for the district in which the building is located. (c) No residential conversion may violate any dwelling unit occupancy regulations or restrictions of the City Code. (d) Following the conversion, the exterior of the dwelling must retain its existing residential character. *History: Ord. 16-581* *History: Ord. 17-015* *History: * #### Subtitle 8 – Other Applicable Standards ##### § 9-801 In general. Balt., Md., Code art. 32, § 9-801 (2026) The Rowhouse and Multi-Family Residential Zoning Districts are also subject to the standards listed in this subtitle. *History: Ord. 16-581* ##### § 9-802 Accessory structures and uses. Balt., Md., Code art. 32, § 9-802 (2026) Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. *History: Ord. 16-581* ##### § 9-803 Site development. Balt., Md., Code art. 32, § 9-803 (2026) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 9-804 Off-street parking and loading. Balt., Md., Code art. 32, § 9-804 (2026) Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. *History: Ord. 16-581* ##### § 9-805 Design standards. Balt., Md., Code art. 32, § 9-805 (2026) All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. *History: Ord. 16-581* ##### § 9-806 Landscaping and screening. Balt., Md., Code art. 32, § 9-806 (2026) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 9-807 Signs. Balt., Md., Code art. 32, § 9-807 (2026) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. *History: Ord. 16-581* ##### § 9-808 Temporary uses. Balt., Md., Code art. 32, § 9-808 (2026) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: Ord. 16-581* ### Title 10 – Commercial Districts #### Subtitle 1 – Purpose of Title ##### § 10-101 Purpose. Balt., Md., Code art. 32, § 10-101 (2026) The purpose of this title is to set out the use regulations and the bulk and yard regulations for Commercial Zoning Districts. *History: Ord. 16-581* #### Subtitle 2 – District Descriptions ##### § 10-201 C-1 Neighborhood Business District. Balt., Md., Code art. 32, § 10-201 (2026) (a) The C-1 Neighborhood Business Zoning District is intended for areas of commercial clusters or pedestrian-oriented corridors of commercial uses that serve the immediate neighborhood. (b) The C-1 District standards are crafted to: (1) ensure compatibility between neighboring residential and commercial uses; (2) maintain the proper scale of commercial use; and (3) address the unique issues related to smaller commercial sites. *History: Ord. 16-581* ##### § 10-202 C-1-E Neighborhood Business and Entertainment District. Balt., Md., Code art. 32, § 10-202 (2026) (a) The C-1-E Neighborhood Business and Entertainment Zoning District is intended for areas of commercial clusters or pedestrian-oriented corridors of commercial uses that serve the immediate neighborhood and allow for clustering of entertainment uses. (b) The C-1-E District standards are crafted to: (1) ensure compatibility among neighboring residential, commercial, and entertainment uses; (2) maintain the proper scale of commercial use; and (3) address the unique issues related to smaller commercial sites. *History: Ord. 16-581* ##### § 10-203 C-1-VC Neighborhood Business District (Village Center). Balt., Md., Code art. 32, § 10-203 (2026) (a) The C-1-VC Neighborhood Business Zoning District (Village Center) is intended for areas of commercial clusters or pedestrian-oriented corridors of commercial uses that serve the immediate neighborhood in a low scale and with a mix of attached and detached structures. (b) The C-1-VC District standards are crafted to: (1) ensure compatibility between neighboring residential and commercial uses; (2) maintain the proper scale of commercial use; and (3) address the unique issues related to small commercial sites. *History: Ord. 16-581* ##### § 10-204 C-2 Community Commercial District. Balt., Md., Code art. 32, § 10-204 (2026) (a) The C-2 Community Commercial Zoning District is intended for areas of small to medium-scale commercial use, typically located along urban corridors, that are designed to accommodate pedestrians and, in some instances, automobiles. (b) The C-2 District standards are crafted to: (1) ensure compatibility among neighboring residential, commercial, and entertainment uses; (2) maintain the proper scale of commercial use; and (3) maintain a balance between high traffic volume and pedestrian circulation. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 10-205 C-3 General Commercial District. Balt., Md., Code art. 32, § 10-205 (2026) (a) (1) The C-3 General Commercial Zoning District is intended for more intensive commercial uses and key commercial nodes that require additional controls, particularly for shopping centers and larger retail establishments. (2) The C-3 District accommodates larger developments that may require significant parking, such as shopping centers and large-scale mixed-use development. (b) The C-3 District standards are crafted to: (1) ensure compatibility among neighboring residential, commercial, and entertainment uses; (2) ensure high quality pedestrian connections between public sidewalks and business entrances; and (3) create store fronts that are oriented towards streets and other public ways. *History: Ord. 16-581* ##### § 10-206 C-4 Heavy Commercial District. Balt., Md., Code art. 32, § 10-206 (2026) (a) The C-4 Heavy Commercial Zoning District is intended for areas of more intense commercial use that are generally not appropriate for lower intensity commercial districts, including uses related to motor vehicles and those that might require outdoor storage. (b) Because of the impacts from more intensive commercial uses, the standards for this district ensure that setbacks, buffering, and site development controls are in place to mitigate negative impacts on neighboring uses. *History: Ord. 16-581* ##### § 10-207 C-5 Downtown District. Balt., Md., Code art. 32, § 10-207 (2026) (a) The C-5 Downtown Zoning District is intended for Baltimore’s Downtown and accommodates a wide range of uses normally associated with the downtown of a major city. (b) The C-5 District standards are crafted to: (1) maintain or improve the pedestrian environment; (2) ensure that new construction is compatible with existing development; and (3) develop a greener downtown. (c) (1) In order to address the different character areas that make up Downtown, the C-5 District is divided into the following subdistricts, for which varied bulk and yard regulations are provided to recognize the different physical characteristics of Downtown. (2) (i) The purpose of the C-5-DC Downtown Core Subdistrict is to establish these standards for structures located within the majority of Downtown. (ii) The standards recognize that this subdistrict is to be the most intensely developed portion of Downtown and is to be predominately pedestrian-oriented in nature. (3) (i) The purpose of the C-5-IH Inner Harbor Subdistrict is to establish these standards for structures located adjacent to and facing the Inner Harbor. (ii) The standards recognize that development within this subdistrict is to be oriented to the Inner Harbor waterfront and be predominantly pedestrian-oriented and mixed-use. (4) (i) The purpose of the C-5-DE Downtown East Subdistrict is to establish these standards for structures within a high intensity waterfront-oriented area. (ii) The standards recognize that this area is to contain intense levels of development to create a high density, walkable, mixed-use environment where careful placement of structures affords visual access to the waterfront as well as pedestrian access within. (iii) Because this subdistrict is adjacent to lower density neighborhoods of historic and traditional character, the intensity and height of development on the periphery of the subdistrict are intended to provide a transition between the core of this subdistrict and the adjacent neighborhoods. (5) (i) The purpose of the C-5-HT Downtown Historic and Traditional Subdistrict is to establish these standards for structures in an area of Downtown containing substantial historic and traditional architecture that has evolved since the founding of the City. (ii) Given the character of that development, this district is designed to require relatively low heights and the use of materials that reflect the existing development context. (6) The purpose of the C-5-TO Downtown Traditional Office Subdistrict is: (i) to establish these standards for structures in an area that primarily consists of early 20th Century office development; and (ii) to seek to maintain a distinctive and desirable environment. (7) The purpose of the C-5-HS Howard Street Mixed-Use Subdistrict is to establish these standards for structures to facilitate a transition between the intensive development of the Downtown core and the more modest-scale development found in adjacent, primarily residential environments. (8) (i) The purpose of the C-5-G Government Center Subdistrict is to establish these standards for structures that reflect the scale of major governmental buildings located within the district. (ii) The intent is to ensure that future development reflects the existing scale of development and maintains critical views of these public buildings from the adjacent areas. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 24-319* #### Subtitle 3 – Use Regulations ##### § 10-301 As listed in Table 10-301. Balt., Md., Code art. 32, § 10-301 (2026) Only those uses of land listed in Table 10-301: Commercial Districts – Permitted and Conditional Uses are allowed within these zoning districts. *History: Ord. 16-581* #### Subtitle 4 – Bulk and Yard Regulations ##### § 10-401 In general. Balt., Md., Code art. 32, § 10-401 (2026) Table 10-401: Commercial Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for these zoning districts. *History: Ord. 16-581* ##### § 10-402 Measurement methodologies; Exceptions, etc. Balt., Md., Code art. 32, § 10-402 (2026) (a) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (b) Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. *History: Ord. 16-581* #### Subtitle 5 – Design Standards for C-5 District ##### § 10-501 Harbor promenade. Balt., Md., Code art. 32, § 10-501 (2026) Within certain areas of the C-5-DC, C-5-IH, and C-5-DE Subdistricts, a harbor promenade is required. (The applicable areas are shown on the zoning map for the Waterfront Overlay Zoning Districts.) New development in these areas must comply with Title 12, Subtitle 9 {“Waterfront Overlay Zoning Districts”} of this Code. *History: Ord. 16-581* ##### § 10-502 Open-space plazas. Balt., Md., Code art. 32, § 10-502 (2026) (a) Public open-space plazas are permitted within the C-5 District. (b) Open-space plazas must comply with the following design requirements: (1) a plaza must be designed to be accessible from adjoining buildings and for generally unobstructed pedestrian circulation throughout the plaza; and (2) visibility into the plaza may not be entirely blocked by structures. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 10-503 Parking and access. Balt., Md., Code art. 32, § 10-503 (2026) (a) The C-5 District is exempt from the parking requirements of this Code. (b) New curb cuts are prohibited on primary streets (see Design Manual). (c) Along Pratt Street: (1) parking garages as principal uses are prohibited; (2) vehicle entries to parking garages are prohibited; and (3) all parking garages must be faced with active ground-floor uses, whether residential or non-residential. *History: Ord. 16-581* *History: Ord. 22-181* ##### § 10-504 View protection. Balt., Md., Code art. 32, § 10-504 (2026) (a) Except as provided in subsection (b) of this section, skyways and street bridges are prohibited in the C-5 District. (b) For hospital uses, a skyway or street bridge is allowed, subject to conditional use approval from the Board of Municipal and Zoning Appeals. *History: Ord. 16-581* #### Subtitle 6 – Other Applicable Standards ##### § 10-601 In general. Balt., Md., Code art. 32, § 10-601 (2026) The Commercial Zoning Districts are also subject to the standards listed in this subtitle. *History: Ord. 16-581* ##### § 10-602 Accessory structures and uses. Balt., Md., Code art. 32, § 10-602 (2026) Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. *History: Ord. 16-581* ##### § 10-603 Site development. Balt., Md., Code art. 32, § 10-603 (2026) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 10-604 Off-street parking and loading. Balt., Md., Code art. 32, § 10-604 (2026) Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. *History: Ord. 16-581* ##### § 10-605 Design standards. Balt., Md., Code art. 32, § 10-605 (2026) All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. *History: Ord. 16-581* ##### § 10-606 Landscaping and screening. Balt., Md., Code art. 32, § 10-606 (2026) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 10-607 Signs. Balt., Md., Code art. 32, § 10-607 (2026) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. *History: Ord. 16-581* ##### § 10-608 Temporary uses. Balt., Md., Code art. 32, § 10-608 (2026) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: Ord. 16-581* ##### § 10-609 Residential conversions. Balt., Md., Code art. 32, § 10-609 (2026) The conversion of a single-family dwelling to a multi-family dwelling is allowed in the Commercial Zoning Districts, subject to the requirements of § 9-702 {“Residential Conversions: Design review”} and § 9-703 {“Residential Conversions: Conversion standards”} of this Code. *History: Ord. 16-581* ### Title 11 – Industrial Districts #### Subtitle 1 – Purpose of Title ##### § 11-101 Purpose. Balt., Md., Code art. 32, § 11-101 (2026) The purpose of this title is to set out the use regulations and the bulk and yard regulations for Industrial Zoning Districts. *History: Ord. 16-581* #### Subtitle 2 – District Descriptions ##### § 11-201 OIC Office-Industrial Campus District. Balt., Md., Code art. 32, § 11-201 (2026) (a) (1) The OIC Office-Industrial Campus Zoning District is intended for developments of large office structures, research and development facilities, and light industrial uses. (2) An OIC District must encompass at least 1 acre of land. (b) The OIC District standards are intended for architecturally coordinated office and industrial structures built in a campus-like atmosphere. (c) Examples of typical OIC District uses include: (1) the international headquarters of a large corporation; (2) large research and development facilities; and (3) office campuses of substantial size. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 11-202 BSC Bio-Science Campus District. Balt., Md., Code art. 32, § 11-202 (2026) (a) (1) The BSC Bio-Science Campus Zoning District is intended to accommodate bio-science campuses, including supportive uses, and some residential uses. (2) A BSC District must encompass at least 1 acre of land. (b) The BSC District allows: (1) a broad mix of uses, integrating manufacturing, office, and research and development; and (2) additional supportive uses, like limited retail, educational facilities, and some higher density residential uses. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 11-203 IMU Industrial Mixed-Use Districts. Balt., Md., Code art. 32, § 11-203 (2026) (a) (1) The IMU Industrial Mixed-Use Zoning Districts are intended to encourage the reuse of older industrial buildings for light industrial use, as well as a variety of non-industrial uses. (2) These older industrial buildings are often surrounded by residential and other non-industrial uses, though in many cases they are also transition zones between a heavy industrial area and a major road or a less intense use or district. (b) (1) 2 types of IMU Districts are established, as follows: (i) one, the IMU-1 District, allows a variety of residential uses, including live-work dwellings; and (ii) the other, the IMU-2 District, prohibits all residential uses. (2) The IMU-1 District is generally for industrial buildings that are adjacent to existing residential buildings, typically rowhouses. (3) The IMU-2 District is generally for industrial buildings that are adjacent to heavier industry, port uses, highways, or truck routes and not residential areas. This district is intended to protect industrial land and truck routes from pressures of residential uses. (c) (1) In an IMU-1 District, a use other than residential and other than parking must account for a floor area (located anywhere in any building on the same lot) equal to at least 60% of the total ground-floor area of all buildings on the lot, unless otherwise granted a variance by the Board of Municipal and Zoning Appeals. (2) In an IMU-2 District, a use listed in the “Industrial Use Category” of Table 11-301 {“Industrial Districts – Permitted and Conditional Uses”} as allowed for an IMU-2 District must account for a floor area (located anywhere in any building on the same lot) equal to at least 50% of the total ground floor area of all buildings on the lot, unless otherwise granted a variance by the Board of Municipal and Zoning Appeals. *History: Ord. 16-581* *History: Ord. 22-181* ##### § 11-204 I-1 Light Industrial District. Balt., Md., Code art. 32, § 11-204 (2026) (a) The I-1 Light Industrial Zoning District is intended to provide for a wide variety of light manufacturing, fabricating, processing, wholesale distributing, and warehousing uses. (b) Light industrial uses are enclosed low-intensity, non-nuisance light fabrication and assembly-type manufacturing, with little to no outside impacts. *History: Ord. 16-581* ##### § 11-205 I-2 General Industrial District. Balt., Md., Code art. 32, § 11-205 (2026) (a) The I-2 General Industrial Zoning District is intended to provide for a wide variety of general manufacturing, fabricating, processing, wholesale distributing, and warehousing uses. (b) (1) General industrial uses include fabrication, warehousing and assembly-type manufacturing, which may result in some moderate external effects, such as smoke, noise, glare, or vibration, and typically include outdoor storage and related outdoor activities. (2) Commercial uses and outdoor storage of materials are allowed. *History: Ord. 16-581* ##### § 11-206 MI Maritime Industrial District. Balt., Md., Code art. 32, § 11-206 (2026) (a) The MI Maritime Industrial Zoning District is intended to ensure the preservation of deep-water frontage of the Port of Baltimore for maritime industrial uses by delineating an area where maritime shipping and maritime industrial uses can be conducted without the intrusion of non-industrial uses and where investment in maritime infrastructure is encouraged. (b) The nature of these activities may result in external effects, such as smoke, noise, glare, or vibration, and typically include outdoor storage and related outdoor activities. *History: Ord. 16-581* #### Subtitle 3 – Use Regulations ##### § 11-301 As listed in Table 11-301. Balt., Md., Code art. 32, § 11-301 (2026) Only those uses of land listed in Table 11-301: Industrial Districts – Permitted and Conditional Uses are allowed within these zoning districts. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 4 – Bulk and Yard Regulations ##### § 11-401 In general. Balt., Md., Code art. 32, § 11-401 (2026) Table 11-401: Industrial Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for these zoning districts. *History: Ord. 16-581* ##### § 11-402 Measurement methodologies; Exceptions, etc. Balt., Md., Code art. 32, § 11-402 (2026) (a) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (b) Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. *History: Ord. 16-581* #### Subtitle 5 #### Subtitle 6 – Other Applicable Standards ##### § 11-601 In general. Balt., Md., Code art. 32, § 11-601 (2026) The Industrial Zoning Districts are also subject to the standards listed in this subtitle. *History: Ord. 16-581* ##### § 11-602 Accessory structures and uses. Balt., Md., Code art. 32, § 11-602 (2026) Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. *History: Ord. 16-581* ##### § 11-603 Site development. Balt., Md., Code art. 32, § 11-603 (2026) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 11-604 Off-street parking and loading. Balt., Md., Code art. 32, § 11-604 (2026) Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. *History: Ord. 16-581* ##### § 11-605 Design standards. Balt., Md., Code art. 32, § 11-605 (2026) All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. *History: Ord. 16-581* ##### § 11-606 Landscaping and screening. Balt., Md., Code art. 32, § 11-606 (2026) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 11-607 Signs. Balt., Md., Code art. 32, § 11-607 (2026) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. *History: Ord. 16-581* ##### § 11-608 Temporary uses. Balt., Md., Code art. 32, § 11-608 (2026) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: Ord. 16-581* ### Title 12 – Special Purpose Districts #### Subtitle 1 – Purpose of Title ##### § 12-101 In general. Balt., Md., Code art. 32, § 12-101 (2026) The purpose of this title is to set out the use regulations, bulk and yard regulations, and other standards for: (1) Office-Residential Zoning Districts; (2) Transit-Oriented Development Zoning Districts; (3) Educational Campus Zoning Districts; (4) Hospital Campus Zoning Districts; (5) Transportation Zoning Districts; (6) (7) Waterfront Overlay Zoning Districts; (8) Rowhouse Mixed-Use Overlay Zoning Districts; (9) Detached Dwelling Mixed-Use Overlay Zoning Districts; (10) Adult-Use Overlay Zoning Districts; and (11) Port Covington Zoning District. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-102 Purpose of overlay districts. Balt., Md., Code art. 32, § 12-102 (2026) An overlay district is a district, established by ordinance, by which a layer of regulations is superimposed on the regulations of an underlying zoning district. The overlay district is intended to modify or supplement the regulations of its underlying zoning districts in recognition of unique circumstances in the area, while maintaining the general character and purpose of the underlying zoning districts over which it is located. *History: Ord. 17-015* #### Subtitle 2 – District Descriptions ##### § 12-201 OR Office-Residential Districts. Balt., Md., Code art. 32, § 12-201 (2026) OR Office-Residential Zoning Districts are intended for areas where there is a mix of office and residential uses. The regulations for these Districts are designed to ensure that office uses remain compatible with residential uses, thereby permitting the area to maintain a more residential character. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-202 TOD Transit-Oriented Development Districts. Balt., Md., Code art. 32, § 12-202 (2026) The purpose of TOD Transit-Oriented Development Zoning Districts is to encourage the location of uses and forms of development conducive to increased transit usage. These Districts are intended to promote new, well-integrated residential and commercial development around transit stations, to ensure that new development occurs in the form of compatible, higher density, transit-friendly design in close proximity to transit systems, to encourage a pedestrian-orientation in new development, to decrease reliance on motor vehicles by increasing transit uses, and to encourage a mix of buildings and activities that provides settings for social interaction and active community life. In order to address the different characteristics of transit locations within the City, 4 TOD Districts are established: the TOD-1 District, TOD-2 District, TOD-3 District and the TOD-4 District. The primary distinctions among these 4 TOD Districts are height, residential density, and use mix. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-203 EC Educational Campus Districts. Balt., Md., Code art. 32, § 12-203 (2026) EC Educational Campus Zoning Districts are intended for the campuses of educational facilities to facilitate an orderly and efficient regulation process for these types of users. There are 2 Educational Campus Zoning Districts: a campus district for colleges and universities that allows for certain non-educational uses and dormitories for students and a second campus for primary and secondary educational facilities that is restricted to education-related uses. These Districts provide a set of base district regulations that offers a certain intensity of development by right. They also provide an allowance for a Campus Master Plan, which must be approved by ordinance, that allows for flexibility in the development and expansion of the campus above the base district regulations. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-204 H Hospital Campus Districts. Balt., Md., Code art. 32, § 12-204 (2026) H Hospital Campus Zoning Districts are intended to address the special needs and impacts of large-scale, multi-functional hospitals and medical campuses, including hospital-related and support service uses, such as offices and commercial uses. These Districts provide a set of base district regulations that offers a certain intensity of development by right. They also provide an allowance for a General Development Plan, which must be approved by ordinance, that allows for flexibility in the development and expansion of the hospital campus above the base district regulations. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-205 T Transportation Districts. Balt., Md., Code art. 32, § 12-205 (2026) T Transportation Zoning Districts are intended to preserve, protect and enhance road, rail and other transportation corridors within the City. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-206 Balt., Md., Code art. 32, § 12-206 (2026) Reserved ##### § 12-207 W Waterfront Overlay Districts. Balt., Md., Code art. 32, § 12-207 (2026) W Waterfront Overlay Zoning Districts are intended to preserve, create, and enhance public views of and access to the waterfront and creatively encourage use of the waterfront by providing a waterfront promenade, including connections to nearby public rights-of-way, open spaces, and other public amenities. These Districts serve to establish a process to encourage new waterfront development to occur in a manner that seeks to minimize substantial change to existing public views of the waterfront from adjacent public streets and neighborhoods, and to enhance the existing waterfront promenade by creating a continuous public access via a promenade along non-industrial portions of the City’s waterfront. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-208 R-MU Rowhouse Mixed-Use Overlay Districts. Balt., Md., Code art. 32, § 12-208 (2026) R-MU Rowhouse Mixed-Use Overlay Zoning Districts are intended to address those areas of rowhouse development where a mixed-use environment is desired, where some rowhouse structures are used for residential uses and others for first-floor commercial uses. These Overlay Districts are tied directly to the underlying rowhouse district in order to maintain the existing character of the development and the neighborhood. Commercial uses are restricted to only those uses that are compatible with residential uses. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-209 D-MU Detached Dwelling Mixed-Use Overlay Districts. Balt., Md., Code art. 32, § 12-209 (2026) D-MU Detached Dwelling Mixed-Use Overlay Zoning Districts address those areas of detached dwelling development where a mixed-use environment is desired, where some detached dwellings are used for residential uses and others for first-floor non-residential uses. These Overlay Districts are tied directly to the underlying detached residential district in order to maintain the existing character of the development and the neighborhood. Non-residential uses are restricted to only those uses that are compatible with residential uses. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-210 AU Adult Use Overlay Districts. Balt., Md., Code art. 32, § 12-210 (2026) AU Adult Use Overlay Zoning Districts are intended to provide areas in which to operate an adult use. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-211 PC Port Covington Zoning District. Balt., Md., Code art. 32, § 12-211 (2026) The Port Covington Zoning District is intended to establish the standards to accommodate the transition of the Port Covington area, located along the north shore of the Middle Branch of the Patapsco River, from a heavy industrial area to a high intensity, mixed-use, waterfront-oriented area over time. The standards recognize that this area is unique because of both its waterfront access and separation from established neighborhoods to the north by the elevated portion of I-95 and a heavy rail line. The Port Covington Zoning District is designed to accommodate an office-industrial headquarters campus and adjacent high-intensity mixed-use with recreational and entertainment amenities to promote a live-work-play community within an ecologically sustainable environment. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-212 Harford Road Overlay District. Balt., Md., Code art. 32, § 12-212 (2026) The Harford Road Overlay District is intended to increase customer supply to businesses along the Harford Road corridor beginning at Argonne Drive and continuing along the center line of Harford Road until the point of intersection with the northern boundary line of the City at Hillcrest Avenue. The regulations for this overlay district are designed to: (1) improve the pedestrian experience; (2) increase transit access and ridership; (3) reduce the requirements for a business owner, developer, and the City to allocate resources to cars and trucks; (4) promote sustainable mixed-use development; (5) promote investment in public spaces through new construction; and (6) increase housing opportunity and diversity. *History: * #### Subtitle 3 – Office-Residential Districts ##### § 12-301 Use regulations. Balt., Md., Code art. 32, § 12-301 (2026) Only those uses of land listed in Table 12-301: Office-Residential Districts – Permitted and Conditional Uses are allowed within an OR Zoning District. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-302 Bulk and yard regulations. Balt., Md., Code art. 32, § 12-302 (2026) (a) Table 12-302: Office-Residential Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for an OR District. (b) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (c) Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-303 Other applicable standards. Balt., Md., Code art. 32, § 12-303 (2026) (a) OR Zoning Districts are also subject to the standards listed in this section. (b) Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. (c) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. (d) Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. (e) All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. (f) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. (g) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. (h) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. (i) The conversion of a single-family dwelling to a multi-family dwelling is allowed in an OR Zoning District, subject to the requirements of § 9-702 {“Residential Conversions: Design review”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* *History: * #### Subtitle 4 – Transit-Oriented Development Districts ##### § 12-401 Establishment of TOD Districts. Balt., Md., Code art. 32, § 12-401 (2026) 4 types of Transit-Oriented Development Districts are established for areas around existing and anticipated transit stations, as follows: (1) The TOD-1 Transit-Oriented Development District is characterized by a more restrictive height and a limited retail use mix; (2) the TOD-2 Transit-Oriented Development District is characterized by a more restrictive height and a full mix of uses; (3) the TOD-3 Transit-Oriented Development District is characterized by significant height and a limited retail use mix; and (4) the TOD-4 Transit-Oriented Development District is characterized by significant height and a full mix of uses. *History: Ord. 16-581* ##### § 12-402 Use regulations. Balt., Md., Code art. 32, § 12-402 (2026) Only those uses of land listed in Table 12-402: Transit-Oriented Development Districts – Permitted and Conditional Uses are allowed within a TOD Zoning District. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-403 Bulk and yard regulations. Balt., Md., Code art. 32, § 12-403 (2026) (a) Table 12-403: Transit-Oriented Development Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for a TOD District. (b) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (c) Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-404 Balt., Md., Code art. 32, § 12-404 (2026) Reserved ##### § 12-405 Parking requirements. Balt., Md., Code art. 32, § 12-405 (2026) (a) (1) The parking regulations of this section apply to the TOD Districts, in addition to the parking regulations of Title 16 {“Off-Street Parking and Loading”} of this Code. (2) For all commercial and mixed-use structures, off-street parking is prohibited in front of the corner-side or front building line. (b) (1) For a multi-family dwelling, no more than 1 off-street parking space per dwelling unit, plus 1 guest space per 15 dwelling units is permitted. (2) For a rowhouse or multi-family dwelling, no minimum parking is required. (c) (1) Non-residential uses of less than 2,000 square feet are exempt from all parking requirements. (2) Parking for non-residential uses may be provided at no more than 3 spaces per 1,000 square feet of gross floor area. (d) Parking lots may not exceed 1 acre in size. (e) Ingress to and egress from parking must be from side streets or alleys. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 12-406 Other applicable standards. Balt., Md., Code art. 32, § 12-406 (2026) (a) The TOD Zoning Districts are also subject to the standards listed in this section. (b) Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. (c) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. (d) Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. (e) All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. (f) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. (g) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. (h) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 5 – Educational Campus Districts ##### § 12-501 Use Regulations. Balt., Md., Code art. 32, § 12-501 (2026) Only those uses of land listed in Table 12-501: Educational Campus Districts – Permitted and Conditional Uses are allowed within an Educational Campus Zoning District. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-502 Bulk and Yard Regulations. Balt., Md., Code art. 32, § 12-502 (2026) (a) Except as provided in § 12-503 {“Educational Campus Master Plan”} of this subtitle, Table 12-502: Educational Campus Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for new construction in the EC-1 and EC-2 Districts. (b) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (c) In this District, height limits are relative to the perimeter street building. Therefore, height is measured from the closest perimeter street to the building. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* ##### § 12-503 Educational Campus Master Plan. Balt., Md., Code art. 32, § 12-503 (2026) (a) (1) An educational facility within the EC District must obtain approval by ordinance of a Campus Master Plan for any new construction that would deviate from the bulk and yard regulations of Table 12-502. (2) Once a Campus Master Plan is submitted and approved, the development proceeds in accordance with the plan rather than the base district regulations. (3) Until a Campus Master Plan has been approved, Table 12-502 applies in its entirety to the EC District. (b) A Campus Master Plan may be applied only to those properties owned by an educational facility. (c) A Campus Master Plan (and any subsequent amendment to it) requires approval by ordinance, in accordance with the applicable procedures of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code. (d) The Campus Master Plan must: (1) address the general site layout of the entire district; and (2) include the following: (i) a site plan for development of the entire district, including the proposed boundaries of the District; (ii) the location, square footage, and building heights of all existing structures and uses; (iii) the location, approximate square footage, and approximate building heights, within a reasonable range, of all proposed structures and uses; (iv) a landscape plan that shows the location of all open space and of any buffering or screening along the perimeter of the district; (v) a sign plan that shows the location of all proposed signs; (vi) internal traffic circulation plans, including traffic ingress and egress locations, pedestrian circulation, bicycle circulation, and public transit access; and (vii) the location and capacity of all off-street parking and loading spaces. (e) (1) A condition of the EC-1 or EC-2 District zoning designation is that the primary use within the proposed area is an educational facility. (2) An educational facility may choose to submit a Campus Master Plan for approval simultaneously with a zoning map amendment, both subject to approval by ordinance, so that the land would controlled by the Campus Master Plan, rather than the base district standards. (3) Map amendments to increase the boundaries of, add additional uses to, or add additional property to the EC District requires Campus Master Plan approval by ordinance. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* ##### § 12-504 Other applicable standards. Balt., Md., Code art. 32, § 12-504 (2026) (a) Unless a Campus Master Plan has been approved, the standards listed in this section apply to the EC Districts. (b) Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. (c) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. (d) Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. (e) All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. (f) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. (g) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. (h) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-505 Minimum size of district. Balt., Md., Code art. 32, § 12-505 (2026) An Educational Campus District must encompass at least the smaller of the following: (1) 2 acres of land; or (2) the entire city block on which it is situated. *History: Ord. 17-015* #### Subtitle 6 – Hospital Campus Districts ##### § 12-601 Use regulations. Balt., Md., Code art. 32, § 12-601 (2026) Only those uses of land listed in Table 12-601: Hospital Campus Districts – Permitted and Conditional Uses are allowed within a Hospital Campus Zoning District. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-602 Bulk and yard regulations. Balt., Md., Code art. 32, § 12-602 (2026) (a) (1) Except as provided in § 12-603 {“Hospital General Development Plan”} of this subtitle, Table 12-602: Hospital Campus Districts – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for new construction in the H District. (2) Hospital buildings existing as of June 5, 2017, regardless of height and yards, are deemed conforming. (b) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (c) In this District, height limits are relative to the perimeter street building. Therefore, height is measured from the closest perimeter street to the building. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-603 Hospital General Development Plan. Balt., Md., Code art. 32, § 12-603 (2026) (a) (1) A hospital facility within the H District must obtain approval by ordinance of a General Development Plan for any new construction that would deviate from the bulk and yard regulations of Table 12-602. (2) Once a General Development Plan is submitted and approved, the development proceeds in accordance with the plan rather than the base district regulations. (b) (1) A General Development Plan may be applied only to those properties owned by a hospital facility at the time of the plan’s approval. (2) An approved General Development Plan is a permitted exception to all base district regulations expressly made subject to the plan, including plan-approved use, sign, parking, and maximum height regulations. (c) A General Development Plan (and any subsequent amendment to it) requires approval by ordinance, in accordance with the applicable procedures of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code. (d) The General Development Plan must: (1) address the general site layout of the entire district; and (2) include the following: (i) a site plan for development of the entire district, including the proposed boundaries of the District; (ii) the location, square footage, and building heights of all existing structures and uses; (iii) the location, approximate square footage, and approximate building heights, within a reasonable range, of all proposed structures and uses; (iv) a landscape plan that shows the location of all open space and of any buffering or screening along the perimeter of the district; (v) a sign plan that shows the location of all proposed signs; (vi) internal traffic circulation plans, including traffic ingress and egress locations, pedestrian circulation, bicycle circulation, and public transit access; and (vii) the location and capacity of existing and proposed off-street parking and loading spaces. (e) (1) A condition of the H District zoning designation is that the primary use within the proposed area is a hospital. (2) A hospital may choose to submit a General Development Plan for approval simultaneously with a zoning map amendment, both subject to approval by ordinance, so that the land would be controlled by the General Development Plan, rather than the base district standards. (3) Map amendments to increase the boundaries of, add additional uses to, or add additional property to the H District requires General Development Plan approval by ordinance. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* ##### § 12-604 Other applicable standards. Balt., Md., Code art. 32, § 12-604 (2026) (a) Unless a General Development Plan has been approved, the standards listed in this section apply to the H District. (b) Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. (c) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. (d) Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. (e) All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. (f) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. (g) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. (h) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-605 Minimum size of district. Balt., Md., Code art. 32, § 12-605 (2026) A Hospital Campus District must encompass at least 1 the smaller of the following: (1) 2 acres of land; or (2) the entire city block on which it is situated. *History: Ord. 17-015* #### Subtitle 7 – Transportation Districts ##### § 12-701 Use regulations. Balt., Md., Code art. 32, § 12-701 (2026) In a Transportation District, the following uses are permitted: (1) Public rights-of-way. (2) Commuter and freight rail lines and activities directly related to the provision of commuter or freight rail service, including accessory structures. (3) Bus ways. (4) Pedestrian and bicycle trails. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 8 #### Subtitle 9 – Waterfront Overlay Districts ##### § 12-901 Applicability. Balt., Md., Code art. 32, § 12-901 (2026) (a) The Waterfront Overlay Districts apply to all waterfront lots as shown on the zoning map. Unless modified by this section, the underlying zoning district and critical area regulations apply (See Title 7, Subtitle 4). (b) (1) 2 subdistricts of a Waterfront Overlay Zoning District apply as provided in this subsection. (2) The W-1 Subdistrict applies to land along the waterfront areas characterized by a hardscape boundary with the water, such as bulkheads, port facilities, or a hard-surface promenade. (3) The W-2 Subdistrict applies to areas with a soft shoreline, such as wetlands, vegetation, or habitat areas that directly abut the water, most notably along the Middle Branch. To ensure a compatible development pattern along the shoreline, property owners are encouraged to cooperate as development proceeds in a W-2 Subdistrict. (c) The Waterfront Overlay Districts do not apply to industrially zoned properties. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-902 Design review required. Balt., Md., Code art. 32, § 12-902 (2026) Before any new construction may begin in the Waterfront Overlay Zoning Districts, design review approval is required. *History: Ord. 16-581* ##### § 12-903 Maximum building heights. Balt., Md., Code art. 32, § 12-903 (2026) Maximum building heights in the Waterfront Overlay Zoning Districts are as indicated in the following Tables, not by the underlying zoning: (1) Table 12-903(1): Canton Waterfront Area; (2) Table 12-903(2): Fells Point Waterfront Area; (3) Table 12-903(3): Key Highway Waterfront Area; and (4) Table 12-903(4): Middle Branch Waterfront Area. *History: Ord. 16-581* ##### § 12-904 Protection of public right-of-way view corridors. Balt., Md., Code art. 32, § 12-904 (2026) (a) (1) No development may block the view of the waterfront from any public street that extends to the waterfront or that terminates before reaching the waterfront but adjoins the boundaries of this subdistrict. These view corridors must be of the same width as the adjoining public street, and continue to the waterfront as a straight line extension of the adjoining street. This extension may be modified with approval of a view corridor modification by the Director of Planning. (2) Building projections into any view corridor may not exceed more than 10% of the width of the corridor and are allowed only on those corridors that are at least 30 feet wide. These projections may encompass up to a maximum of 20% of the building facade fronting the corridor. (3) Landscaping, exterior lighting, or other public amenities may be located within the view corridor to maximize public view to the water. (4) Parking is permitted within a view corridor as long as public access areas are maintained and not encroached upon. (b) (1) View corridors must: (i) connect existing parks, open-space areas, and new development centers to the waterfront; (ii) be located no more than 300 feet apart from one another and be at least 15 feet wide; or (iii) be located no more than 600 feet apart from one another and be at least 60 feet wide. (2) Landscaping, exterior lighting, or other public amenities may be located within the view corridor to maximize public view of the water. (3) Parking is permitted within a view corridor, as long as public access areas are maintained and not encroached upon. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 12-905 Building requirements. Balt., Md., Code art. 32, § 12-905 (2026) (a) An administrative exception to the requirements of this section can be granted as provided in § 4-409 {“Administrative exceptions”} of this Code. (b) (1) Blank walls along the promenade are prohibited. Primary or secondary building entrances are encouraged to be located on facades facing the promenade. (2) The ground floor of commercial buildings, as measured from grade to the bottom of the second floor, must maintain a transparency of 40%. Windows must be constructed of clear or lightly tinted glass. Tinting above 20% or reflective glass is prohibited. Windows must begin within 3 feet of grade. (3) No overhead service doors or bays may face the promenade. Loading and service areas must be internal to the development block and accessed through service corridors and not through pedestrian-oriented streets. (4) Retail uses along the promenade are encouraged. Outdoor extension of these uses are restricted to a maximum of 8 feet into the required promenade easement and must be separated from the paved portion with planting beds, raised planters, or a minimum 2-foot vertical separation. Where planting beds or raised planters are used to provide separation, landscape should be provided in accordance with the Baltimore City Landscape Manual. No extensions of residential structures are permitted. (5) The height of any structure facing a major public street must be at least 35 feet. (6) Structures over 60 feet high must be located at least 100 feet from any adjacent structure over 60 feet high. (7) Parking, whether internal or external, adjoining any promenade easement is prohibited, as described in § 12-906 {“Waterfront public access promenade, open space, and required easements”}. (c) (1) The floor area ratio within this subdistrict may not exceed a maximum of 2.0. However, mixed-use developments with residential units that constitute 80% or more of the overall development plan are permitted a floor area ratio of 2.5 for the entire development area. (2) Blank walls along the waterfront are prohibited. Primary or secondary building entrances are encouraged to be located on facades facing the open-space and view corridors. (3) Loading, service areas, and entrances to parking garages (principal use) must be sited so that they are not visible from the waterfront or view corridors to the greatest extent feasible. (4) The height of any structure facing a public street must be at least 35 feet. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-906 Waterfront public access promenade, open space, and required easements. Balt., Md., Code art. 32, § 12-906 (2026) (a) (1) In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-1 Overlay Subdistrict, a continuous public access waterfront promenade, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of the Inner Harbor of the Chesapeake Bay and, where applicable, the Middle Branch of the Patapsco. (2) A public access promenade must be established by an easement at least 30 feet wide, unless otherwise shown on Tables 12-903(1)-(4), of which at least 12 feet must be a permanently constructed promenade. Those areas of the 30-foot public easement that do not consist of permanently constructed promenade must be landscaped and maintained in a manner that is visible to the public and in accordance with the Landscape Manual. Where it can be demonstrated that it is functionally justified, the Director of Planning may allow a promenade or easement of lesser width. Promenade easements must be recorded by the property owner within 1 month of their approval and a copy of the recordation receipt provided to the Director of Planning. (3) These required easement improvements must be built and maintained by the property owner. Public access must be available 24 hours a day, 7 days a week unless otherwise agreed to by the Director of Planning and stated in the easement. The completion of the promenade easement area must coincide with the completion of the adjacent development on the property. (4) Public access corridors are connections between public streets adjoining a waterfront property and the promenade established on the property. All public access corridors must be included in the pedestrian promenade easements for the property in which they are located. The widths of the required corridors may vary but must be at least 12 feet wide. The corridors must be open to the public 24 hours a day, 7 days a week, unless otherwise agreed to by the Director of Planning and stated in the easement, and free of gates or other impeding obstacles. Adequate lighting of these corridors, consistent with the promenade, is required. (5) No motor vehicles are permitted to use or cross the promenade, unless for emergency or invasive repair purposes. Any proposed road crossing of the promenade, either public or private, requires Planning Commission approval. (6) No mechanical or service equipment may be located adjacent to the promenade easement unless it is within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (b) (1) In addition to the uses allowed by the underlying zoning districts, on waterfront lots within the W-2 Overlay Subdistrict, a conservation easement, accessible to the public but built and maintained by the owners of the underlying land, must be provided on lots, or development parcels consisting of lots, that adjoin the waterline of Middle Branch of the Patapsco. (2) A buffer that provides a vegetated habitat area must be established by an easement at least 100 feet wide landward from the mean high water line of tidal waters or from the edge of tidal wetlands and tributary streams, and must be vegetated as specified by the Critical Area Management Program. A 12-foot wide hiking and biking trail must be constructed in this area. (3) (i) To allow flexibility for development while preserving and creating habitat, the Director of Planning may approve a reduction of the 100-foot wide buffer to not less than 50 feet (from the mean high water line) if: (A) the areas of impact are replaced with areas elsewhere on the sites controlled by the same developer; or (B) there is an outfall or other limiting physical condition, as indicated on the zoning map. (ii) The replacement areas must be: (A) of equal or greater size than the area being transferred and placed under easement; and (B) adjoining a habitat area. (iii) Both the transferred habitat area and the contiguous habitat area must be properly vegetated as specified by the Critical Area Management Program. (4) Stormwater from the entire site must be managed to prevent negative impacts to the buffer. (5) The hiking and biking trail, together with a 12-foot hard surface and a meadow or mown strip a maximum of 3 feet wide on either side, must be at least 50 feet from the mean high tide line. Public access corridors to the trail must be provided and included in the easements for the property where they are located. The trail on any given property must connect to the trail on adjoining properties. The trail takes the place of the promenade and these hard surfaces are exempt from the Critical Area buffer requirement, but are not exempt from stormwater requirements. (6) Access to the water as part of the trail system is encouraged, and must be approved by the Director of Planning. (7) Easements for the buffer and the hiking and biking trail must be recorded by the property owner once approved and a copy of the easements, stamped at the courthouse, provided to the Director of Planning. (8) These required easement improvements must be built and maintained by the property owner. Public access on private property is subject to reasonable rules and regulations adopted by the property owner and included in the easement. The completion of the easement area must coincide with the completion of the adjacent development on the property. (9) The shoreline must be maintained as a naturally vegetated buffer. No new bulkheads or rip-rap may be constructed and any existing bulkheads or rip-rap must be removed to the greatest extent possible as development occurs. Additionally, wetland marsh creation, restoration, and preservation are encouraged. (10) Any work done in designated habitat protection areas, resource conservation areas, or existing vegetated buffers must be scheduled so that it does not disturb the reproductive cycles of fish or wildlife. (11) No motor vehicles are permitted to use or cross the hiking and biking trail, unless required for an emergency or for trail or buffer maintenance purposes. (12) No mechanical or service equipment may be located adjacent to the conservation easement unless it is within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* #### Subtitle 10 – Rowhouse Mixed-Use Overlay Districts ##### § 12-1001 Applicability. Balt., Md., Code art. 32, § 12-1001 (2026) (a) A Rowhouse Mixed-Use Overlay District may be applied to rowhouse dwellings in the R-5, R-6, R-7, R-8, R-9, R-10, and OR Districts. This Overlay District allows the rowhouse dwelling to be used for 1 of the non-residential uses listed in § 12-1003 {“Use regulations”} of this subtitle. (b) A rowhouse dwelling’s initial conversion from a residential use to a non-residential use listed in § 12-1003 {“Use regulations”} of this subtitle requires conditional-use approval by the Board of Municipal and Zoning Appeals. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1002 Minimum size of district. Balt., Md., Code art. 32, § 12-1002 (2026) An R-MU Overlay District may only be applied to a minimum of: (1) 50% of the blockface; or (2) two opposing corner lots. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1003 Use regulations. Balt., Md., Code art. 32, § 12-1003 (2026) (a) In an R-MU Overlay District, 1 (but no more than 1) of the following non-residential uses is permitted on the ground floor of a rowhouse structure: (1) Art gallery. (2) Arts studio. (3) Day-care center: Adult or child (See § 14-309 for use standards). (4) Office. (5) Personal services establishment. (6) Restaurant. (7) Retail goods establishment – no alcoholic beverage sales. (b) In an R-MU Overlay District, the following uses are conditional uses requiring approval by the Board of Municipal and Zoning Appeals: (1) Outdoor Dining (See § 14-329 for use standards). (2) Initial conversion of a rowhouse dwelling from a residential use to a non-residential use listed in subsection (a) of this section. (3) Use of upper floor for a non-residential use listed in subsection (a) of this section. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1004 Bulk and yard regulations. Balt., Md., Code art. 32, § 12-1004 (2026) (a) The bulk and yard regulations for rowhouses in the underlying zoning district apply to a Rowhouse Mixed-Use Overlay District, except as provided in subsection (b) of this section. (b) Subsection (a) does not apply to the minimum lot area for a non-residential use that was converted under this subtitle from a residential use. In that case, the minimum lot area requirement for the prior residential use applies. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1005 Design and performance standards. Balt., Md., Code art. 32, § 12-1005 (2026) (a) The design standards for rowhouse dwellings in the underlying zoning district apply to a Rowhouse Mixed-Use Overlay District. (b) (1) Conversion of a rowhouse to a use allowed by § 12-1003 {“Use regulations”} of this subtitle requires design review. This conversion is subject to the following design and performance standards. (2) The ground floor of the structure may be used for a non-residential use listed in § 12-1003 {“Use regulations”} of this subtitle. The upper floors of the structure may be used for office uses related to that ground-floor business, as long as the upper floors are not open to the public. For all other non-residential uses, conditional-use approval by the Board of Municipal and Zoning Appeals is required for the use of the upper floors of a structure for the non-residential uses listed in § 12-1003 {“Use regulations”} of this subtitle. (3) The residential form of the building must be generally maintained. However, ground-floor windows and doors may be enlarged for improved visibility and access. (4) The principal entrance must be a direct entry from the primary abutting street. (5) No additional off-street parking is required. (6) Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure. (7) Signs are limited to wall, projecting, window, awning, and temporary a-frame signs only. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* #### Subtitle 11 – Detached Dwelling Mixed-Use Overlay Districts ##### § 12-1101 Applicability. Balt., Md., Code art. 32, § 12-1101 (2026) (a) A Detached Dwelling Mixed-Use Overlay District may be applied to detached dwellings. This Overlay District allows the detached dwelling to be used for 1 of the non-residential uses listed in § 12-1103 {“Use regulations”}. (b) A detached dwelling’s initial conversion from a residential use to a non-residential use listed in § 12-1103 {“Use regulations”} of this subtitle requires conditional-use approval by the Board of Municipal and Zoning Appeals. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1102 Minimum size of district. Balt., Md., Code art. 32, § 12-1102 (2026) A D-MU Overlay District may only be applied to a minimum of: (1) 50% of the blockface; or (2) two opposing corner lots. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1103 Use regulations. Balt., Md., Code art. 32, § 12-1103 (2026) (a) In a D-MU Overlay District, 1 (but no more than 1) of the following non-residential uses is permitted on the ground floor of a detached dwelling: (1) Art gallery. (2) Arts studio. (3) Day-care center: Adult or child (See § 14-309 for use standards). (4) Office. (b) In a D-MU Overlay District, the following uses are conditional uses requiring approval by the Board of Municipal and Zoning Appeals: (1) Initial conversion of a detached dwelling from a residential use to a non-residential use listed in subsection (a) of this section. (2) Use of upper floor for a non-residential use listed in subsection (a) of this section. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1104 Bulk and yard regulations. Balt., Md., Code art. 32, § 12-1104 (2026) The bulk and yard regulations for detached dwellings in the underlying zoning district apply to a D-MU Overlay District. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1105 Design and performance standards. Balt., Md., Code art. 32, § 12-1105 (2026) (a) The design standards for detached dwellings in the underlying zoning district apply to a D-MU Overlay District. (b) (1) Conversion of the structure to a use allowed by §12-1103 {“Use regulations”} of this subtitle requires design review. This conversion is subject to the following design and performance standards. (2) The ground floor of the structure may be used for a non-residential use listed in § 12-1003 {“Use regulations”} of this subtitle. The upper floors of the structure may be used for office uses related to that ground-floor business, as long as the upper floors are not open to the public. For all other non-residential uses, conditional-use approval by the Board of Municipal and Zoning Appeals is required for the use of the upper floors of a structure for the non-residential uses listed in § 12-1003 {“Use regulations”} of this subtitle. (3) The residential form of the building must be generally maintained. (4) The principal entrance must be a direct entry from the primary abutting street. (5) No additional off-street parking is required. (6) Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure. (7) Signs are limited to wall and projecting signs only. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* #### Subtitle 12 – Adult Use Overlay District ##### § 12-1201 Applicability Balt., Md., Code art. 32, § 12-1201 (2026) The Adult Use Overlay District may be applied only within the C-5 District. *History: Ord. 16-581* ##### § 12-1202 Use regulations. Balt., Md., Code art. 32, § 12-1202 (2026) (a) All permitted uses in the underlying zoning district are allowed as permitted uses within the Adult Use Overlay District. (b) (1) All conditional uses in the underlying zoning district are allowed as conditional uses within the AU Overlay District. (2) In addition, the following uses are conditional uses, requiring approval by the Board of Municipal and Zoning Appeals: (i) Adult uses (See § 14-301 for use standards). *History: Ord. 16-581* ##### § 12-1203 Bulk and yard regulations. Balt., Md., Code art. 32, § 12-1203 (2026) The bulk and yard regulations of the underlying zoning district apply to the AU Overlay District. *History: Ord. 16-581* ##### § 12-1204 Establishment of adult use. Balt., Md., Code art. 32, § 12-1204 (2026) (a) (1) The establishment of an adult use within the City is a 2-step process: (i) First an area must be zoned as an Adult Use Overlay District, in accordance with the provisions of this subtitle, the zoning amendment process of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code, and the additional approval standards of subsection (b) of this section. (ii) Once the area is rezoned, a conditional use may be applied for to establish the adult use, in accordance with the provisions of this subtitle, the conditional use process of Title 5, Subtitle 4 {“Conditional Uses”} of this Code, and any additional use and development standards of this Code. (2) A conditional use may be applied for to establish an adult use in an area already zoned as an AU Overlay District. (b) (1) In addition to the general standards for zoning map amendments, as set forth in § 5-406 {“Approval standards”} of this Code, the following standards must be met. (2) The adult use must be so designed, located, and operated so that the public health, safety, and welfare will be protected. (3) The adult use may not unduly increase traffic congestion in the public streets of the area in which it is located. (4) The adult use may not cause additional public expense for fire or police protection. (5) No adult use may be conducted in any manner that permits the observation, from any public way or adjacent property, of any material that depicts, describes, or relates to specified sexual activities or specified anatomical areas. This applies to any display, decoration, sign, show window, or other opening. (c) Adult uses must meet the standards of § 14-301 {“Adult uses”} of this Code. *History: Ord. 16-581* #### Subtitle 13 – Port Covington District ##### § 12-1301 Subdistricts. Balt., Md., Code art. 32, § 12-1301 (2026) 4 Subdistricts are established to accommodate and encourage redevelopment of the Port Covington area, along the north shore of the Middle Branch of the Patapsco River, as follows: (1) The PC-1 Subdistrict is characterized by commercial use, entertainment, attractions, open-space, waterfront, and recreation amenities that create a focal point within the Port Covington Zoning District. The standards recognize that development within this subdistrict is to be ecologically sustainable, oriented to both the street edges and the Middle Branch Waterfront, and predominantly pedestrian-oriented. Development is generally mid-scale to promote connectivity between the waterfront and adjoining subdistricts. (2) The PC-2 Subdistrict is characterized by a wide mix of uses, including residential, commercial, office, open-space, recreation, and entertainment amenities, waterfront, and light industrial in a dense urban setting. The standards recognize that the development in this subdistrict is to accommodate a high-density, walkable, mixed-use environment. (3) The PC-3 Subdistrict is characterized by a wide mix of uses, including residential, commercial, office, open-space, recreation, and entertainment amenities, as well as industrial uses as part of a live-work-play community. The standards recognize that this subdistrict is designed to accommodate the transition from an historically industrial area to a medium-density, walkable, mixed-use environment. (4) The PC-4 Subdistrict is characterized as an office-industrial campus on the waterfront that can accommodate the international headquarters of a major corporation. The standards are intended for architecturally coordinated office and industrial structures built in a campus-like atmosphere, which includes a focus on recreation amenities. This subdistrict provides standards to promote ecologically sustainable design and accommodate a high-density, walkable environment for this waterfront campus. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1302 Use regulations. Balt., Md., Code art. 32, § 12-1302 (2026) Only those uses listed in Table 12-1302: Port Covington District – Permitted and Conditional Uses are allowed within the PC Subdistricts. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1303 Bulk and yard regulations. Balt., Md., Code art. 32, § 12-1303 (2026) (a) Table 12-1303: Port Covington District – Bulk and Yard Regulations sets forth the applicable bulk and yard regulations for the PC Subdistricts. (b) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (c) Exceptions and requirements are as set forth in Title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 12-1304 Other applicable standards. Balt., Md., Code art. 32, § 12-1304 (2026) (a) The PC Subdistricts are also subject to the standards listed in this section. (b) Standards governing accessory structures and uses are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. (c) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. (d) Standards governing off-street parking and loading are set forth in Title 16 {“Off-Street Parking and Loading”} of this Code. (e) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. (f) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. (g) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 14 – Harford Road Overlay District ##### § 12-1401 Establishment. Balt., Md., Code art. 32, § 12-1401 (2026) There is a Harford Road Overlay District. *History: * ##### § 12-1402 Boundaries. Balt., Md., Code art. 32, § 12-1402 (2026) The boundaries of the district are as shown on that certain map titled “Harford Road Overlay District” dated as of June 5, 2024, on file with the Department of Planning. *History: * ##### § 12-1403 Use regulations. Balt., Md., Code art. 32, § 12-1403 (2026) (a) For non-residential zoning districts, only those uses listed in Table 12-1403: Harford Road Overlay District – Permitted and Conditional Uses are allowed within the Harford Road Overlay District. (b) (1) Only those uses of land listed in the tables listed below are allowed within each respective zoning district. (i) Table 8-301: Detached and Semi-Detached Residential Districts – Permitted and Conditional Uses. (ii) Table 9-301: Rowhouse and Multi-Family Residential Districts – Permitted and Conditional Uses. (2) The use “Dwelling: Multi-Family” is permitted in all residential districts. *History: * ##### § 12-1404 Bulk and yard regulations. Balt., Md., Code art. 32, § 12-1404 (2026) (a) The bulk and yard regulations for the structures in the underlying zoning district apply to the Harford Road Overlay District. (b) Measurement methodologies are as set forth in Title 15, Subtitle 3 {“Measurement Methodologies”} of this Code. (c) (1) Exceptions and requirements are as set forth in title 15, Subtitle 4 {“Exceptions and Requirements”} of this Code. (2) Residentially zoned properties may be developed as a “Dwelling: Multi-Family” to the bulk and yard specifications for the R-10 zoning district established in Table 9-401 {“Rowhouse and Multi-Family Residential Districts – Bulk and Yard Regulations”}. *History: * ##### § 12-1405 Other applicable standards. Balt., Md., Code art. 32, § 12-1405 (2026) (a) The Harford Road Overlay District is also subject to the standards contained in this section. (b) Standards governing accessory structures are set forth in Title 15, Subtitle 5 {“Accessory Structures and Uses”} of this Code. (c) On-site development standards are set forth in Title 15 {“Site Development Standards”} of this Code. (d) Under § 16-601(b) of this Code, the district is exempt from off-street parking requirements. (e) (1) All developments of the type described in § 4-405 {“Design Review: Applicability”} of this Code must comply with the applicable design standards required by the Baltimore City Design Manual. (2) (i) New curb cuts are prohibited on Harford Road at real property with rear or side access. (ii) (A) Real property with existing curb cuts that exceed City standards may be removed by the City. (B) Existing curb cuts or abandoned curb cuts do not guarantee reuse. (C) All disused curb cut permissions are revoked. (D) The City reserves the right to deny any curb cut request regardless of the availability or unavailability of access. (f) All landscaping and screening must comply with the requirements of the Baltimore City Landscape Manual. (g) Standards governing signs are set forth in Title 17 {“Signs”} of this Code. (h) Standards governing temporary uses are set forth in Title 14, Subtitle 4 {“Temporary-Use Standards”} of this Code. *History: * ### Title 13 – Planned Unit Developments #### Subtitle 1 – Purpose; Transition Rules ##### § 13-101 Purpose. Balt., Md., Code art. 32, § 13-101 (2026) The purpose of a planned unit development is to: (1) encourage flexibility in the development of land and in the design of structures; (2) encourage a creative approach to the use of land that results in better development and design than might otherwise be accomplished under the strict application of this Code on a lot-by-lot basis; (3) provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings, circulation systems, and utilities; (4) encourage the construction of appropriate aesthetic amenities that will enhance the character of the site; (5) promote quality development that is commensurate with other development within the community and compatible with the character of the surrounding area and adjacent properties; and (6) facilitate the implementation of the Comprehensive Master Plan. *History: Ord. 16-581* ##### § 13-102 Transition rules. Balt., Md., Code art. 32, § 13-102 (2026) (a) Residential, office-residential, business, and industrial planned unit developments approved before the effective date of this Code (June 5, 2017) remain valid as long as they continue to comply with all requirements and conditions of their approvals and with the Zoning Code regulations in effect immediately preceding the date of those approvals. (b) Any amendments to these previously approved planned unit developments will be categorized as either engineering corrections, minor changes, or major changes in accordance with Subtitle 4 {“Modifications to approved final development plans”} of this title and must follow the corresponding approval procedure. (c) All permitted and conditional uses of the underlying zoning district of a previously approved planned unit development are allowed unless specifically prohibited by the planned unit development. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* #### Subtitle 2 – Requirements; Approval Standards; Exceptions ##### § 13-201 Authorization. Balt., Md., Code art. 32, § 13-201 (2026) (a) Planned unit developments may only be established by ordinance of the Mayor and City Council enacted in accordance with the provisions of this title. (b) Unless otherwise specifically provided by the ordinance establishing or amending the planned unit development, all requirements of the underlying zoning district apply. (c) Planned unit developments are prohibited in the I-1, I-2, and MI Districts. (d) Planned unit developments may only be repealed by ordinance of the Mayor and City Council enacted in accordance with the provisions of this title. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: Ord. 19-251* ##### § 13-202 General requirements. Balt., Md., Code art. 32, § 13-202 (2026) (a) (1) The site of the planned unit development must be under common ownership or unified control. (2) If there are 2 or more owners, the application for approval of a new planned unit development must be jointly filed by all owners, or their respective contract purchaser or authorized agents. (3) When applying for a major change or repeal of an existing planned unit development, one owner or contract purchaser, or the authorized agent of either, may make the application for approval, as long as all other property owners, or their authorized agents, are notified in accordance with Title 5, Subtitle 6 {“Notices”} of this Code. (b) Planned unit developments must meet the following minimum areas: (1) at least 5 acres in the R-1A, R-1B, R-1C, R-1D, R-1E, R-1, R-2, R-3, R-4, R-5, OIC, and BSC Districts; (2) at least 2 acres in the R-6, R-7, R-8, R-9, R-10, C-1, C-2, C-3, C-4, IMU-1 and -2, TOD, OR, and PC Districts; and (3) at least 1½ acres in the C-5 District. (c) Exceptions to the regulations contained in this Code, including use, bulk, yard, parking, and sign regulations, may be granted through the planned unit development process, as may be desirable to achieve the objectives of the proposed planned unit development, as long as the exceptions are fully consistent with and authorized by this title. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 19-244* *History: Ord. 19-252* ##### § 13-203 Approval standards. Balt., Md., Code art. 32, § 13-203 (2026) (a) In reviewing a planned unit development: (1) the conditional use standards of § 5-405(a) {“Conditions: In general”} and § 5-406 {“Approval standards”}of this Code apply; and (2) the following additional factors must be considered: (i) whether the planned unit development is in general conformance with all elements of the Comprehensive Master Plan, and the character and nature of existing and contemplated development in the vicinity of the proposed planned unit development; (ii) whether the planned unit development will preserve unusual topographic or natural features of the land, and the design of the planned unit development will best utilize and be compatible with the topography of the land; (iii) whether the physical characteristics of the planned unit development will not adversely affect future development or the value of undeveloped neighboring areas, or the use, maintenance, or value of neighboring areas already developed; (iv) whether the planned unit development will provide the same protection as the basic district regulations in regard to fire, health hazards, and other dangers; (v) whether the planned unit development will encourage innovative design features or adaptive reuse of structures that would not be possible by application of the basic district regulations; and (vi) whether the planned unit development is compatible with any nearby industrial district. (b) The planned unit development may be approved only if there are findings that: (1) the use is compatible with the surrounding neighborhood; (2) the use furthers the purpose of the proposed classification; and (3) the PUD master plan developed under § 13-304 {“PUD master plan”} of this title ensures that there will be no discordance with existing uses. *History: Ord. 16-581* ##### § 13-204 Exceptions from district regulations. Balt., Md., Code art. 32, § 13-204 (2026) (a) In determining whether to grant an exception from district regulations, the Planning Commission and City Council must consider whether the exception will: (1) enhance the overall merit of the planned unit development; (2) promote the objectives of both the City and the development; (3) enhance the quality of the design of the structures and the site plan; (4) enable the development to offer environmental and pedestrian amenities; (5) not cause such an adverse impact on neighboring properties so as to outweigh the benefits of the development; (6) not negatively affect the value and enjoyment of surrounding property, the provision of municipal services, or the flow of traffic; (7) be compatible with the land use policies of the Comprehensive Master Plan; (8) provide a substantial public benefit to the City, as illustrated in subsection (d) of this section; and (9) allow uses that predominantly match or are compatible with uses allowed in the underlying zoning district and the zoning districts of adjacent properties. (b) To be granted an exception, the applicant must demonstrate superior design and enhanced amenities. (c) In no case may any exception be granted unless the applicant demonstrates a substantial benefit to the City. (d) Examples of substantial benefits to the City are as follows: (1) use of sustainable design and architecture, such as green roofs, white roofs, and other energy efficient design concepts, new building technologies, and qualifying as a Leadership in Energy and Environmental Design (“LEED”) or LEED-equivalent structure; (2) enhanced design characteristics, including mixed-use development, circulation systems that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment; (3) community amenities, including plazas, malls, formal gardens, places to congregate, outdoor seating, public art, and pedestrian and transit facilities; (4) preservation of natural areas and site design that is sensitive to environmental features; (5) historic preservation and adaptive reuse of historic structures; (6) additional open-space and recreational amenities, such as recreational open space and playgrounds, including athletic fields, dog parks, natural water features, and conservation areas; (7) additional public infrastructure improvements, in addition to the minimum needed by the planned unit development, such as new or repaved streets, bicycle paths, gutters and sewers, and traffic control devices to improve traffic flow; (8) senior housing set-aside; (9) affordable housing set-aside; (10) provision of accessible dwelling units with accessible features beyond those required by the Americans with Disabilities Act or any other applicable codes; and (11) provision of public car or bike share facilities. *History: Ord. 16-581* ##### § 13-205 Repeal of PUDs. Balt., Md., Code art. 32, § 13-205 (2026) In determining whether to approve the repeal of a planned unit development, the Planning Commission and the City Council must find that: (1) the repeal of the planned unit development is in the public interest; and (2) the approved final development plan of the planned unit development: (i) has been substantially completed; (ii) is no longer necessary in light of the property’s underlying zoning; (iii) is no longer consistent with the City’s Master Plan; or (iv) has been abandoned by the property owner. *History: Ord. 19-252* #### Subtitle 3 – Procedures for Plan Approval ##### § 13-301 In general. Balt., Md., Code art. 32, § 13-301 (2026) (a) Approval of a planned unit development is a 4-step process comprising: (1) preliminary consultation; (2) concept plan; (3) PUD master plan; and (4) final development plan. (b) The procedures, requirements, restrictions, and conditions of this title must be observed in the authorization of a planned unit development. (c) (1) In accordance with Title 5, Subtitle 5 {“Legislative Authorizations”}, of this Code, at the request of a property’s owner or developer, 1 or more members of the City Council may introduce a legislative authorization to approve, amend, or repeal a planned unit development and PUD master plan. (2) On referral of the bill for the legislative authorization to the Planning Commission, as required by Title 5, Subtitle 5: (i) the property owner or developer seeking the legislative authorization is considered the applicant for purposes of this title; and (ii) the procedures of this subtitle apply. *History: Ord. 16-581* ##### § 13-302 Preliminary consultation. Balt., Md., Code art. 32, § 13-302 (2026) (a) Before filing any plans for a planned unit development, the applicant must attend a preliminary consultation with the Director of Planning. This consultation must take place before or as soon as possible after introduction of the bill seeking the legislative authorization for the planned unit development. (b) For the preliminary consultation, the applicant must provide the following information: (1) location of the proposed development; (2) proposed uses; (3) proposed public and private improvements; (4) a list of any exceptions to district requirements that the applicant anticipates will be requested; and (5) any other information necessary to clearly explain the planned unit development. (c) The purpose of the preliminary consultation is to make advice and assistance available to the applicant before preparation of the concept plan, so that the applicant may determine: (1) whether the proposed planned unit development appears in general to be in compliance with the provisions of this Code and other applicable regulations; (2) whether any zoning exceptions are required in connection with the proposed planned unit development; and (3) whether the proposed planned unit development will be in conformity with the Comprehensive Master Plan and the goals and policies of the City for development. (d) The preliminary consultation does not require the filing of an application or payment of a fee. (e) Opinions or advice provided at the consultation are in no way binding on the Planning Commission or the City Council when later taking formal action on the planned unit development. *History: Ord. 16-581* ##### § 13-303 Concept plan. Balt., Md., Code art. 32, § 13-303 (2026) (a) After the preliminary consultation, the applicant must file a concept plan with the Planning Director for the purpose of obtaining information and guidance from the Planning Commission before the applicant enters into binding commitments or incurs substantial expense. (b) At minimum, the concept plan must consist of the following: (1) a site plan that is drawn to an appropriate scale and, in general form, shows: (i) proposed land uses and structures; (ii) natural features of the development site; (iii) approximate location of all roadways and access drives proposed within the planned unit development; and (iv) location of all adjacent public streets, thoroughfares, and public utilities; (2) a site location map that is drawn to an appropriate scale and shows: (i) the proposed planned unit development in relation to surrounding streets and property within 600 feet in all directions of the development site; and (ii) the location, height, and land use of all existing buildings and structures adjoining the development site; (3) schematic drawings that show the size, gross square footage, character, and disposition of buildings currently existing on the site and buildings proposed for the site; and (4) a written statement that contains: (i) a general explanation of the planned unit development; (ii) a statement of the present ownership of all the land within the development; (iii) a schedule setting forth any proposed exceptions to district requirements, including exceptions to the regulations governing use, bulk, yard, off-street parking, and signs, as they apply to the zoning district or districts in which the planned unit development is to be located; and (iv) proposed public benefits and amenities. (c) The Planning Commission must review the concept plan and provide the information and guidance that it considers appropriate. (d) Opinions or advice provided by the Planning Commission are in no way binding on the Planning Commission or the City Council when later taking formal action on the planned unit development. (e) (1) The review of the concept plan is a public meeting. Public comment on the concept plan will be accepted at that meeting. (2) Notice of the meeting must be given as specified by the Director of Planning in accordance with: (i) the rules and regulations that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Planning Commission adopts; and (ii) the State Open Meetings Act (Title 3 of the State General Provisions Article). *History: Ord. 16-581* *History: Text Conformed 02/28/21* ##### § 13-304 PUD master plan. Balt., Md., Code art. 32, § 13-304 (2026) (a) The purpose of the PUD master plan is to serve as the legislatively approved plan encompassing all major aspects of site development and public benefits. Where certain elements of site design are unknown, it is sufficient to reflect intent as provided in this section. (b) The PUD master plan must include the following: (1) an accurate topographic and boundary line map of the project area; (2) a location map that shows the relationship of the project area to surrounding properties; (3) the pattern and intended design standards of existing and proposed roads, driveways, parking facilities, and bicycle and pedestrian paths, whether public or private; (4) the use, type, size, arrangement, and location of existing and proposed lots, structures, and building groups; (5) a general plan for landscaping that demonstrates design intent and how environmental requirements will be met; (6) architectural drawings and sketches that illustrate the design and character of proposed structures; (7) the general location of existing and proposed sewer and water facilities; (8) the existing topography and storm drainage pattern; (9) the proposed storm drainage system, showing basic topographic changes; (10) the location of recreational and open-space areas and areas reserved or dedicated for public uses, such as school and park sites, and any open space to be owned and maintained by a property owners’ association; (11) statistical data on: (i) the total size of the project area; (ii) density computations; (iii) the proposed number of residential units, by type; and (iv) any other similar factors pertinent to a comprehensive evaluation of the proposed planned unit development; (12) a detailed time schedule for the start and completion of the planned unit development, including a proposed phasing schedule, which must indicate when the public benefits and amenities will be constructed; and (13) a schedule setting forth any proposed exceptions to district regulations, citing by section number each regulation from which an exception is sought. (c) (1) Before a public hearing is scheduled, the proposed PUD master plan must be forwarded to the appropriate City agencies, as determined by the Director of Planning, for review. These agencies must review the proposed PUD master plan and forward their reports to the Planning Commission within 30 days of receipt of the plan. The Planning Commission must schedule a public hearing on the proposed PUD master plan within 60 days of receipt of a complete application. (2) If, in the Planning Commission’s judgment, the application does not contain sufficient information to enable it to properly discharge its responsibilities, the Planning Commission may request additional information from the applicant and the 60 day period is suspended or the hearing continued. (3) The Planning Commission may recommend approval, recommend approval with conditions, or advise the applicant in writing of any recommended changes, additions, or corrections to the proposed PUD master plan. If the Planning Commission recommends changes, additions, or corrections, the applicant may, within 30 days of the recommendation, submit a revised proposed PUD master plan for Planning Commission consideration, without paying an additional filing fee. The Planning Commission may grant the applicant additional time to prepare the revised plan. Once resubmitted, the Planning Commission may then recommend approval, approval with conditions, or denial of the proposed PUD master plan. (d) The Planning Commission’s final determination regarding a proposed PUD master plan must be: (1) included in the Planning Commission’s report to the Mayor and City Council under § 5-506 of this Code if the planned unit development is the subject of a proposed legislative authorization that has already been introduced under § 13-301(c) of this title; or (2) retained by the Planning Commission for at least 12 months from the date the Planning Commission makes a final determination and included in the Planning Commission’s report under § 5-506 of this Code if, within that 12-month period, the planned unit development becomes the subject of a legislative authorization. *History: Ord. 16-581* ##### § 13-305 Final development plan. Balt., Md., Code art. 32, § 13-305 (2026) (a) The purpose of the final development plan is to provide, after enactment of the ordinance approving the planned unit development and its PUD master plan, additional detailed information on all aspects of site development and public benefits once construction is imminent. Whereas the PUD master plan may reflect design intent, the final development plan must reflect actual and final proposed conditions. The Planning Commission may not approve the final development plan, as provided in this section, unless the final development plan substantially complies with the PUD master plan. (b) (1) Within 2 years after enactment of the ordinance approving or amending the planned unit development and its PUD master plan, the applicant must file a final development plan with the Director of Planning, together with the applicable filing fee. (2) If the PUD master plan was approved to be constructed in phases, the applicant must submit the final development plan for the first phase within 2 years of the approval of the PUD master plan. Final development plans for subsequent phases may be submitted according to the phasing schedule approved as part of the PUD master plan. (c) The final development plan must include the following, in final form: (1) the plan components required by § 13-304(b) {“PUD master plan: Plan components”} of this subtitle, updated as required to reflect actual and final proposed conditions; (2) the final location, type, and size of proposed landscaping features; and (3) final architectural drawings and sketches that illustrate the design and character of proposed structures. (d) (1) The Director of Planning must review the final development plan within 60 days of its receipt and take actions described in this subsection. (2) The Director of Planning may recommend approval of the final development plan to the Planning Commission if it is in substantial compliance with the PUD master plan and all City regulations. The Director of Planning will certify to the Planning Commission that the final plan is in substantial conformance with the PUD master plan and City regulations. Within 60 days of receipt of the Director of Planning’s recommendation, the Planning Commission must review the final development plan and approve or deny it at a public meeting. (3) If the Director of Planning finds that the final development plan is substantially changed from the PUD master plan, or is otherwise not in accordance with City regulations, then the Director of Planning may recommend to the Planning Commission that the final development plan be denied. If the Planning Commission finds that the final development plan is not in conformity with the PUD master plan or City regulations, the Director of Planning must inform the applicant of the specific areas found not to be in compliance, and the applicant may resubmit the final development plan to the Director of Planning with changes to those areas found not to be in compliance. (4) Once resubmitted and the Director of Planning has determined the final development plan to be in substantial compliance with the PUD master plan and City regulations, the Director of Planning must certify to the Planning Commission that the final development plan is in substantial conformance with the PUD master plan and City regulations. Within 60 days of receipt of the Director of Planning’s recommendation, the Planning Commission must review the final development plan and approve or deny it at a public meeting. (5) Before final approval of the final development plan, the Planning Commission may approve minor changes to the final development plan that do not conflict with the PUD master plan and City regulations. The minor changes that may be approved by the Planning Commission are limited to those that qualify as minor variances under § 5-302(b) {“Minor and major Variances: Minor variances”} of this Code. (e) After the approval of a final development plan by the Planning Commission, the use of the land and the construction, modification, or alteration of any structures within the planned unit development are governed by the approved final development plan rather than by the provisions of this Code. *History: Ord. 16-581* #### Subtitle 4 – Modifications to Approved Final Development Plans ##### § 13-401 Engineering corrections. Balt., Md., Code art. 32, § 13-401 (2026) (a) (1) During construction only, minor changes required by engineering or other physical site circumstances not foreseen at the time that the final development plan was approved, but encountered during construction on site, may be authorized by the Director of Planning. (2) However, the Director of Planning may not approve any change: (i) that fails to substantially comply with the PUD master plan or City regulations; or (ii) that violates: (A) the underlying zoning; (B) an approved exception; (C) a condition of approval attached to the planned unit development; or (D) a provision of the ordinance that approved or amended the planned unit development. (3) The Director of Planning may not approve any engineering correction for a site that has not had building permits issued. (b) (1) A revised final development plan showing all changes proposed under this section must be submitted to the Director of Planning, with these changes indicated by marked-up or red-lined exhibit of plans. (2) The revised final development plan proposed under this section must be reviewed and approved or denied by the Director of Planning within 15 days. (3) A new final development plan, reflecting the changes approved under this section, must be filed with the Department of Planning, noting the date of the changes. *History: Ord. 16-581* ##### § 13-402 Minor changes. Balt., Md., Code art. 32, § 13-402 (2026) (a) (1) The Planning Commission may approve a change to the approved final development plan that is not a major change governed by § 13-403 {“Major changes”} of this subtitle. (2) However, the Planning Commission may not approve any change: (i) that fails to substantially comply with the PUD master plan or City regulations; or (ii) that violates: (A) the underlying zoning; (B) an approved exception; (C) a condition of approval attached to the planned unit development, with the exception of modifications to the planned unit development’s phasing schedule; or (D) a provision of the ordinance that approved or amended the planned unit development. (b) (1) A revised final development plan showing all changes proposed under this section must be submitted to the Director of Planning, with these changes indicated by marked-up or red-lined exhibit of the plans. The Director of Planning must forward the revisions to the Planning Commission. (2) The Planning Commission must review the revised final development plan and approve, approve with conditions, or deny it within 30 days of its submittal. (3) A new final development plan, reflecting the changes approved under this section, must be filed with the Department of Planning, noting the date of the changes. *History: Ord. 16-581* ##### § 13-403 Major changes. Balt., Md., Code art. 32, § 13-403 (2026) (a) This section applies to the following major changes: (1) a 10% increase or 25% decrease in the approved number of dwelling units; (2) a 10% increase or a 25% decrease in the maximum building heights in the approved planned unit development; (3) a change in the type, location, or arrangement of land use within the development, as shown on the previously approved final development plan; (4) a change in the boundaries of the planned unit development; (5) a decrease in open space that had been included as a public benefit or amenity under § 13-204 {“Exceptions from district regulations”} of this title; and (6) any change: (i) that fails to substantially comply with the PUD master plan or City regulations; or (ii) that violates: (A) the underlying zoning; (B) an approved exception; (C) a condition of approval attached to the planned unit development, with the exception of modifications to the planned unit development’s phasing schedule; or (D) a provision of the ordinance that approved or amended the planned unit development. (b) A major change requires introduction and enactment of an ordinance to approve an amendment to the planned unit development and PUD master plan. *History: Ord. 16-581* *History: Ord. 19-252* #### Subtitle 5 – Enforcement ##### § 13-501 Ordinance and development plan as binding agreement. Balt., Md., Code art. 32, § 13-501 (2026) The ordinance and approved final development plan constitute a binding agreement by the property owner and the developer to proceed with the development in strict accordance with the approved final development plan, including the detailed time schedule. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 13-502 Expiration on failure to proceed timely. Balt., Md., Code art. 32, § 13-502 (2026) (a) An approved planned unit development and final development plan automatically expire 2 years after the date of approval if: (1) a building permit has not been issued; or (2) the installation of required infrastructure has not begun. (b) (1) The Planning Commission may extend the time for expiration of an approved planned unit development and final development plan on: (i) a written request for extension that is submitted before the expiration; and (ii) for good cause shown. (2) The Planning Commission must conduct a public hearing to determine whether to terminate or extend the approval. (3) In making its determination, the Planning Commission must take into account: (i) hardship to the applicant; (ii) changes in surrounding circumstances that have occurred since the original approval; (iii) the schedule for providing required public benefits and amenities; and (iv) the likelihood that substantial construction will occur during any period of extension. *History: Ord. 16-581* ##### § 13-503 Noncompliance. Balt., Md., Code art. 32, § 13-503 (2026) (a) Failure to comply with the requirements set by or under authority of this title is cause for canceling the planned unit development and final development plan. (b) The Zoning Administrator must provide the property owner and the developer at least 15 days notice to appear before the Zoning Administrator and answer to any charge of noncompliance. (c) If the Zoning Administrator finds the charges to be substantiated and if the situation is not satisfactorily adjusted within a specified period set by the Zoning Administrator, the Zoning Administrator may: (1) order cancellation of the planned unit development and final development plan; and (2) take any other action that is appropriate. *History: Ord. 16-581* *History: Ord. 17-015* ### Title 14 – Use Standards #### Subtitle 1 – Purpose of Title ##### § 14-101 Purpose. Balt., Md., Code art. 32, § 14-101 (2026) The purpose of this Title is to set forth additional requirements for certain permitted and conditional uses found within the district use tables. These standards are intended to ensure that a use is compatible with the surrounding area. *History: Ord. 16-581* #### Subtitle 2 – Applicability of Use Standards ##### § 14-201 Use of land and structure. Balt., Md., Code art. 32, § 14-201 (2026) No structure or land may be used or occupied except in conformity with the regulations for the zoning district in which it is located. No structure may be erected, reconstructed, extended, enlarged, altered, or moved except in conformity with the regulations of the zoning district in which it is located. *History: Ord. 16-581* ##### § 14-202 Additional standards. Balt., Md., Code art. 32, § 14-202 (2026) In addition to the use standards of Subtitle 3 of this title, all uses are required to comply with all provisions of this Code, including Title 15 {“Site Development Standards”}, Title 16 {“Off-Street Parking and Loading”}, and Title 17 {“Signs”}, and all other City regulations. *History: Ord. 16-581* #### Subtitle 3 – Use Standards ##### § 14-301 Adult uses. Balt., Md., Code art. 32, § 14-301 (2026) (a) The establishment, location, construction, maintenance, and operation of an adult use may not be detrimental to or endanger the public health, safety, or welfare. (b) When reviewing a proposed adult use, the following must be considered: (1) the adverse secondary effects of the proposed use on the community; and (2) in addition to determining compliance with subsection (c) of this section, the distance between the proposed use and existing adult uses in the area, to determine if a negative impact on the community will result. (c) Any new adult use must be at least 300 feet distant from any existing adult use, residential district, educational facility, and place of worship. (d) The following signs are prohibited for adult uses: (1) neon lights that depict any adult entertainment; (2) posters, photographs, sketches, painted or laminated signs, or similar materials that are displayed on the exterior of the building or in windows and that obscenely depict or illustrate adult entertainment; and (3) freestanding signs that are on or adjacent to the premises. *History: Ord. 16-581* *History: Ord. 18-216* ##### § 14-301.1 After-hours establishments. Balt., Md., Code art. 32, § 14-301.1 (2026) (a) For an after-hours establishment, the Zoning Board must consider imposing conditions, as appropriate, concerning: (1) days and hours of operation; (2) use of amplification, noise levels, and need for noise proofing; (3) limits on the size of the establishment or on the size, location, or configuration of any entertainment or dancing venue within the establishment; (4) number of live entertainers; (5) whether to place limits on the type of entertainment use; (6) exterior lighting; and (7) the establishment and maintenance of: (i) a traffic and parking management plan; and (ii) an indoor and outdoor security plan. (b) The board must find, and require as a condition of approval, that the establishment cannot be entered from a tavern. *History: Ord. 17-056* ##### § 14-302 Banquet halls. Balt., Md., Code art. 32, § 14-302 (2026) A banquet hall may not be used by a third-party entity for banquets, meetings, parties, or other events that were planned, organized, prepared for, executed, or promoted by the third-party entity if the third-party entity has no related business or organizational purpose other than the planning, organization, preparation for, execution, or promotion of banquets, meetings, parties, or other events, and whether or not the third-party entity reserved the establishment. *History: Ord. 16-581* ##### § 14-303 Boat manufacturing, repair, and sales. Balt., Md., Code art. 32, § 14-303 (2026) (a) For boat manufacturing, repair, and sales, the site must have equipment capable of repairing, hauling, and launching vessels with a gross weight of 25 tons or more. (b) The following activities are prohibited: (1) the sale of new boats, other than those assembled or manufactured on site; and (2) the leasing of dry dock or marina storage for individual boat owners. *History: Ord. 16-581* ##### § 14-304 Car washes. Balt., Md., Code art. 32, § 14-304 (2026) (a) (1) The site of a car wash, other than a hand car wash, must be at least 10,000 square feet. (2) For a hand car wash, there is no minimum lot area. (b) The site of the use must be paved to drain away from adjacent properties. (c) Lighting provided for the site must be directed away from adjacent properties. *History: Ord. 16-581* ##### § 14-305 Commercial composting facilities. Balt., Md., Code art. 32, § 14-305 (2026) (a) “Commercial composting facility” means a facility in the business of collecting, storing, or processing organic materials, bulking agents, or additives for composting. (b) The facility must work with the Maryland Department of the Environment to ensure its compliance with all State regulations and to obtain all applicable State permits. (c) The facility must be operated and maintained in a manner that protects adjacent properties from nuisance odors and the attraction of rodents or other pests. *History: Ord. 16-581* ##### § 14-306 Community-based alternative energy systems. Balt., Md., Code art. 32, § 14-306 (2026) (a) (1) For a community-based alternative energy system, properties may share a solar, wind, or geothermal alternative energy system, including permission to install equipment along all properties. (2) This community-based renewable energy system is only allowed if agreed to by the owners of each lot, and the agreement is recorded as a “community-based renewable energy easement” on each survey plat, including provisions for all property owners to access all equipment to maintain the system. (3) The easement must be submitted to the City. (b) (1) Alternatively, a community-based alternative energy system may be constructed on a lot managed and owned by a homeowners’ association. (2) A management plan must be submitted to the City. (c) (1) Easements, agreements, and management plans submitted to the City under this section are for informational purposes. (2) The City does not enforce these easements, agreements, or management plans. (d) (1) Community-based alternative energy systems are subject to the standards for the type of individual renewable energy system. (2) Ground-mounted systems must meet the yard requirements of the applicable district. (3) Height restrictions and screening requirements must meet the standards of: (i) § 15-517 {“Alternative energy systems: Solar”} of this Code for solar alternative energy systems; and (ii) § 15-518 {“Alternative energy systems: Wind”} of this Code for wind alternative energy systems. *History: Ord. 16-581* ##### § 14-307 Community-managed open-space gardens and farms. Balt., Md., Code art. 32, § 14-307 (2026) (a) For any community-managed open-space garden or farm use that involves the cultivation of plants for human consumption, measures must be taken to test and, if necessary, remediate the soil in accordance with guidelines adopted by the Department of Planning. (b) (1) Except as provided in this subsection, permanent structures are prohibited. (2) Temporary greenhouses are permitted to extend the growing season. (3) Accessory structures, such as sheds, gazebos, and pergolas, are also permitted. (c) (1) On a community-managed open-space farm, temporary farmstands for the display and sale of agricultural products grown at the site are permitted. (2) These farmstands must be removed from the premises or stored inside a structure on the premises during that time of the year when the open space is not open for public use. (3) Only 1 farmstand is permitted per lot. (d) Composting on-site of a community-managed open-space farm is allowed as an accessory use, subject to the following conditions: (1) any compost pile must be located at least 3 feet away from any lot line; (2) composting areas and structures must be maintained in a way that protects adjacent properties from nuisance odors and the attraction of rodents or other pests; and (3) organic waste material for composting may be accepted from outside sources and either used on site or distributed at no cost, but may not be sold. (e) The keeping of livestock and animals must adhere to all applicable regulations of the Baltimore City Health Department and the Maryland Department of Agriculture. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 14-308 Cultural facilities. Balt., Md., Code art. 32, § 14-308 (2026) Cultural facilities must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. *History: Ord. 16-581* ##### § 14-309 Day-care centers: Adult or child. Balt., Md., Code art. 32, § 14-309 (2026) (a) Adult and child day-care centers must meet all federal, state, and local requirements, including licensing, health, safety, and building code requirements. (b) In addition, each day-care center must meet the following conditions: (1) adequate on-site drop-off zones, sidewalks, and exterior lighting must be provided, except that drop-off zones are not required in the C-5 and PC Districts; (2) the amount of traffic or noise to be generated may not be excessive; and (3) open-space and recreational areas must be provided in accordance with State requirements. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* ##### § 14-310 Day-care homes: Adult or child. Balt., Md., Code art. 32, § 14-310 (2026) (a) Adult and child day-care homes must meet all federal, state, and local requirements, including licensing, health, safety, and building code requirements. (b) In addition, each day-care home must meet the following conditions: (1) open-space and recreational areas must be provided in accordance with state requirements; (2) the day-care home must retain a residential character and may not adversely affect the residential character of the neighborhood; and (3) the operation of the day-care home may not adversely impact surrounding properties. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* ##### § 14-311 Drive-through facilities. Balt., Md., Code art. 32, § 14-311 (2026) (a) A drive-through facility is considered a separate use, rather than accessory to a principal use, and is subject to the following standards. (b) Only the following uses are eligible for a drive-through facility: (1) restaurants, including carry-out food shops; (2) financial institutions; and (3) retail goods establishments – no alcoholic beverage sales. (c) All drive-through facilities must provide adequate stacking spaces, in accordance with Title 16 {“Off-Street Parking and Loading”} of this Code. (d) Service windows, A-frame signs, and queuing areas are prohibited along the front facade of any building. (e) (1) All drive-through lanes must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjacent streets. (2) A drive-through facility on an interior lot is limited to 2 curb cuts. A drive-through facility on a corner lot is limited to 1 curb cut along each street frontage. (f) No exterior lighting may be used that will produce a glare into or upon the surrounding area or any residential premises. (g) All drive-through facilities must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (h) Drive aisles must be separated from landscaped areas by curbs. (i) The volume on all intercom -menu displays must be maintained at a level so as not to be audible on adjacent residential properties. The volume on all intercom-menu displays must comply with all local noise regulations. (j) The operator of a drive-through facility must provide: (1) adequate on-site outdoor waste receptacles; and (2) daily litter clean-up of the facility. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* ##### § 14-312 Entertainment and recreation facilities: Indoor or outdoor. Balt., Md., Code art. 32, § 14-312 (2026) Entertainment and recreation facilities must be designed so that the location of entrances and exits, exterior lighting, noise levels, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. *History: Ord. 16-581* ##### § 14-312.1 Farmers’ markets. Balt., Md., Code art. 32, § 14-312.1 (2026) (a) “Farmers’ market” defined. In this section, “farmers’ market” means a market in a fixed location at which 3 or more vendors offer for sale to the public: (1) fresh fruits, vegetables, juices, flowers, plants, herbs, or spices that have been produced or grown by the vendor or consigned to the vendor by their producer or grower; (2) baked goods, meats, dairy goods, or prepared foods that have been made by the vendor or consigned to the vendor by their maker; or (3) arts and crafts that have been made by the vendor or consigned to the vendor by their maker. (b) Farmers’ markets are allowed in any zoning district on a lot or contiguous lots at least 3,500 square feet. (c) For an initial application, the market’s manager shall submit a site plan that shows the location of the market, the layout of the market, and all parking, including all proposed ingresses and egresses (d) Sales of arts and crafts may not occupy more the 25% of the overall sales area of the market. *History: Ord. 22-181* ##### § 14-313 Fraternity or sorority houses. Balt., Md., Code art. 32, § 14-313 (2026) (a) (1) A fraternity or sorority house must be located within 1,000 feet of the Educational Campus District in which is located the college or university with which the fraternity’s or sorority’s local chapter is affiliated. (2) (i) No fraternity or sorority house is permitted in any residential district, unless the house: (A) was established prior to enactment of the Baltimore City Zoning Code of 1971 and has maintained uninterrupted use and occupancy since then; or (B) since that 1971 enactment, has obtained a use permit as a fraternity or sorority house. (ii) On or before June 5, 2019, all fraternity or sorority houses must either secure a use permit or terminate the fraternity or sorority use. (b) The number of individuals residing in a fraternity or sorority house may not exceed that allowed under the City Building, Fire, and Related Codes Article. (c) For purposes of zoning enforcement, a structure that houses college and university undergraduates may be presumed to be a fraternity or sorority house if: (1) the house is affiliated with a local chapter of a fraternal or sororal organization; and (2) that affiliation is acknowledged by the college or university. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 14-314 Fuel stations. Balt., Md., Code art. 32, § 14-314 (2026) (a) A fuel station that abuts a residential district may not have more than 8 fuel pumps. (b) (1) Fuel station canopies must be designed with luminaires recessed under the canopy to minimize light pollution. (2) Light intensity directly under the canopy may not exceed 10 footcandles at any location. All lighting mounted under the canopy, including auxiliary lighting within signage and panels over the pumps, are included in the 10-footcandle limit. (c) All fuel station drive lanes must be designed and located to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjacent streets. (d) The sale of alcoholic beverages is prohibited. (e) A fuel station may also include a free-standing self-service car wash with 1 bay. (f) (1) Fuel stations are not subject to the front yard requirements of the zoning district. (2) However: (i) a landscaped front yard of at least 5 feet must be provided; and (ii) if a fuel station adjoins a residential district, buffer yard landscaping is required in accordance with the Baltimore City Landscape Manual. (g) Signs must comply with: (1) Title 17 {“Signs”} of this Code; and (2) all state and federal regulations for fuel station signs. *History: Ord. 16-581* *History: Ord. 18-216* *History: Ord. 22-181* ##### § 14-315 General industrial (in MI District). Balt., Md., Code art. 32, § 14-315 (2026) (a) General industrial uses are allowed in the MI District only if the use includes a deepwater component that requires waterside access to and from the property by vessels or barges in maritime trade. This deep water component may include other users whose core business has a maritime-related component. (b) General industrial uses in the MI District must maintain, regardless of frequency or nature of use: (1) the working condition of the piers, berths, bulkheads, and other existing maritime infrastructure under their control; and (2) the water depth and condition of the deepwater channels throughout the associated riparian area. *History: Ord. 16-581* ##### § 14-316 Junk or scrap storage and yards. Balt., Md., Code art. 32, § 14-316 (2026) (a) (1) A junk or scrap storage and yard must comply with all federal, state, and local environmental laws, rules, and regulations, including those involving the management of stormwater run-off and the development and maintenance of a pollution prevention plan. (2) A junk or scrap storage and yard must be located, conformed, drained, and managed so that it will not constitute a source of water pollution. (3) A pollution prevention plan approved by the City and the Maryland Department of the Environment is required. The plan must comply with all federal, state, and local environmental laws, rules, and regulations. (b) A junk or scrap storage and yard must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 14-317 Kennels and animal clinics. Balt., Md., Code art. 32, § 14-317 (2026) (a) This section applies to all kennels and animal clinics. (b) All animal quarters and runs are to be kept in a clean, dry, and sanitary condition. (c) (1) Exterior enclosures and runs must provide protection against weather extremes. (2) Floors of runs must be made of impervious material to permit proper cleaning and disinfecting. (d) (1) Exercise areas and runs must be fenced. (2) This fencing must be: (i) of a sufficient height to prevent escape; and (ii) buried during installation to prevent escape by digging beneath the fence posts. (e) (1) Noise must be mitigated so as not to create a public nuisance for adjacent properties and must comply with all local noise regulations. (2) This excludes typical noise from exercise or training while outdoors during daytime hours of operation. *History: Ord. 16-581* ##### § 14-318 Landfill: Industrial. Balt., Md., Code art. 32, § 14-318 (2026) (a) An industrial landfill must: (1) be a part of the City’s Solid Waste Plan; (2) comply with all applicable federal, state, and local environmental, health, and other laws, rules, and regulations; and (3) obtain a state reuse disposal permit and all other applicable state and local permits. (b) An industrial landfill may not accept: (1) residential solid waste; (2) municipal solid waste; or (3) rubble or land-clearing debris. (c) Materials must be deposited in layers, covered with suitable cover material to a depth and at a frequency sufficient to control disease, vectors, and odors and in a manner that protects the environment. (d) An industrial landfill must be located, conformed, drained, and managed so that it will not constitute a source of water pollution. (e) An industrial landfill must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 14-319 Live entertainment or dancing. Balt., Md., Code art. 32, § 14-319 (2026) (a) An application for conditional-use authorization to provide live entertainment or dancing must include: (1) a description of the type of live entertainment or dancing to be provided; (2) a floor plan that describes, in sufficient detail: (i) the establishment generally; (ii) the live entertainment or dancing venue within the establishment; (iii) if dancing is to be provided, the location and dimensions of the dance floor; and (iv) the maximum authorized occupant load, as approved by the Fire Department, for: (A) all configurations of the establishment, generally; and (B) the live entertainment or dancing venue, specifically. (b) In approving a conditional use for live entertainment or dancing, the Board of Municipal and Zoning Appeals or the Mayor and City Council, as the case may be, may: (1) limit the types of live entertainment or dancing to which the use is allowed; and (2) impose conditions, as appropriate, concerning: (i) days and hours of operation for: (A) the establishment’s operations generally; and (B) the live entertainment or dancing to be provided; (ii) use of amplification, noise levels, and need for soundproofing; (iii) limits on the size of the establishment or on the size, location, or configuration of the live entertainment or dancing venue within the establishment; (iv) number of live entertainers; (v) number of seats proposed for outdoor dining; (vi) exterior lighting; (vii) whether to limit the use to live entertainment only or dancing only; (viii) public need and desire for the establishment; (ix) number and location of other, similar establishments in the area and potential effect of the new use on those establishments; (x) proximity of residential dwellings, educational facilities, places of worship, or parks or playgrounds to the establishment; (xi) maximum authorized occupant loads of the establishment and of the live entertainment or dancing venue within the establishment; (xii) volume and types of vehicular and pedestrian traffic in the area of the establishment; and (xiii) the establishment and maintenance of: (A) a traffic management plan; (B) a parking management plan; (C) an indoor and outdoor security plan; and (D) a sanitation plan. *History: Ord. 16-581* *History: Ord. 18-167* ##### § 14-320 Lodges and social clubs. Balt., Md., Code art. 32, § 14-320 (2026) (a) Lodges and social clubs must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. (b) Lodges and social clubs are permitted to serve meals or alcoholic beverages on the premises for members and their guests only. (c) No more than 50% of the gross floor area may be used as office space for the lodge or social club. (d) Sleeping facilities are prohibited. *History: Ord. 16-581* ##### § 14-321 Lounges. Balt., Md., Code art. 32, § 14-321 (2026) (a) The establishment, location, construction, maintenance, and operation of a lounge may not be detrimental to or endanger the public health, safety, or welfare. (b) The lounge must be designed so that the location of entrances and exits, exterior lighting, noise levels, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. *History: Ord. 17-056* ##### § 14-322 Balt., Md., Code art. 32, § 14-322 (2026) Reserved ##### § 14-323 Marinas; Industrial boat repair facilities. Balt., Md., Code art. 32, § 14-323 (2026) (a) All marinas and industrial boat repair facilities must comply with the rules and guidelines set forth in the Baltimore Maritime Master Plan, as adopted by the Planning Commission and amended from time to time, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article. (b) A marina or industrial boat repair facility may not unduly impede access to open water by other marinas, industrial boat repair facilities, commercial operations, or boat launches. (c) The marina or industrial boat repair facility must meet all federal, state, and local requirements for the construction, operation, and maintenance of a marina or a industrial boat repair facility. *History: Ord. 16-581* *History: Text Conformed 02/28/21* ##### § 14-324 Materials recovery facilities. Balt., Md., Code art. 32, § 14-324 (2026) (a) A materials recovery facility must: (1) comply with all applicable state and local laws, rules, and regulations; and (2) obtain all applicable state and local permits. (b) (1) All loading and unloading must be performed either within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (2) All other operations must be performed within an enclosed building. (c) The operator of a materials recovery facility may not purchase materials on-site from the public. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 14-325 Motor vehicle or recreational vehicle dealerships or rental establishments. Balt., Md., Code art. 32, § 14-325 (2026) (a) (1) Motor vehicle or recreational vehicle dealerships or rental establishments must have a lot size of at least 20,000 square feet, except in a PC Subdistrict. (2) The minimum lot size requirement of paragraph (1) of this subsection applies only to a standalone dealership or rental establishment and, as such, does not apply to a dealership or rental establishment that is part of a shared- or multi-use property. (b) Any service and repair facilities must also comply with the standards §14-326 {“Motor vehicle service and repair”} of this subtitle. (c) A 6-foot high solid fence is required along any portion of a dealership or rental establishment that is visible from the ground level of a residential zoning district. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* ##### § 14-326 Motor vehicle service and repair: Major or minor. Balt., Md., Code art. 32, § 14-326 (2026) (a) (1) Major motor vehicle service and repair shops must have a lot size of at least 20,000 square feet, except in a PC Subdistrict. (2) Minor motor vehicle service and repair shops must have a lot size of at least 10,000 square feet, except in a PC Subdistrict. (b) Motor vehicle service and repair shops may not store the same vehicles outdoors on the site for longer than 30 days. (c) All curb cuts must be located and designed to ensure that they will not adversely affect the safety and efficiency of traffic circulation on adjacent streets. (d) (1) All repair operations must be fully enclosed. (2) Wrecked or junked vehicles must be kept within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (3) Only motor vehicles may be stored outdoors. Their storage must comply with the requirements of § 15-510 {“Outdoor storage”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015: Ord. 18-171* ##### § 14-327 Multi-family dwellings – Accessory non-residential uses. Balt., Md., Code art. 32, § 14-327 (2026) (a) A multi-family dwelling containing 50 or more dwelling units in the R-8, R-9, R-10, and OR-2 Districts may contain the following non-residential uses: (1) Offices. (2) Personal service establishments. (3) Retail goods establishments – no alcoholic beverage sales. (4) Restaurants. (b) These uses must be conducted entirely inside the building. (c) The aggregate area of these uses may not exceed the following: (1) in the R-8 and R-9 Districts, 5% of the gross floor area of the building; and (2) in the R-10 and OR-2 Districts, the greater of: (i) 10% of the gross floor area of the building; or (ii) if all these uses are located exclusively on the ground floor of the building, the floor area of the entire ground floor. (d) Signs must comply with Title 17 {“Signs”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* ##### § 14-328 Neighborhood commercial establishments. Balt., Md., Code art. 32, § 14-328 (2026) (a) Because neighborhood commercial establishment uses apply only to certain already-existing buildings, those uses are not subject to the minimum lot area required for non-residential uses in Residential or Office-Residential Zoning Districts. (b) A neighborhood commercial establishment may contain any one or more of the following non-residential uses in any part or all of the building: (1) Art galleries – no live entertainment or dancing. (2) Arts studios. (3) Day care centers: adult or child. (4) Offices. (5) Personal services establishments. (6) Restaurants – no live entertainment or dancing. (7) Retail goods establishments – no alcoholic beverage sales. (c) The development and the proposed use must be pedestrian-oriented and not oriented to the automobile. (d) The principal entrance must be a direct entry from the primary adjoining street. (e) (f) Drive-through facilities are prohibited. (g) (1) All business, servicing, processing, display, and storage uses must be located within the building, unless the Zoning Board expressly authorizes, as a conditional use, one or more of these uses to be located, in part or in whole, outside the building. (2) The Zoning Board may authorize, as a conditional use, the expansion of a neighborhood commercial establishment into a newly constructed addition to the principal building, on the same original property. (h) Signs must comply with Title 17 {“Signs”} of this Code. (i) The sale of a tobacco product, as defined by State Health-General Article, § 13-1001(u) {“Definitions: Tobacco product”}, is prohibited in neighborhood commercial establishments. (j) (1) Where the right-of-way is 10 feet or greater, outdoor dining may: (i) be on the street side of the property; (ii) be on the interior of the property; and (iii) be in the rear yard of the property. (2) No deck used for outdoor dining shall be constructed in the 10 foot right-of-way described under this section. *History: Ord. 16-581* *History: Ord. 18-171* *History: Ord. 18-216* *History: Ord. 20-360* *History: Ord. 20-370* *History: Ord. 22-181* *History: * ##### § 14-329 Outdoor dining and rooftop dining. Balt., Md., Code art. 32, § 14-329 (2026) (a) (1) (i) Outdoor dining is considered an accessory use to a principal use and may be located on either the property for which the permit is approved or extend into the public rights of way immediately adjoining the building frontage or street corner side of the property. (ii) Outdoor dining on the property for which the permit is approved in a C-1, C-1-E, C-1-VC, or C-2 zoning district requires approval as a conditional use by the Board of Municipal and Zoning Appeals: (A) where it adjoins a residential zoning district on the side in which the outdoor dining is proposed; and (B) where it is separated from the residential district by an alley or street of less than 20 feet in width on the side in which the outdoor dining is proposed, or if no alley or street is present. (2) (i) Rooftop dining is allowed in all non-residential zoning districts. (ii) Rooftop dining is a permitted use in all non residential zoning districts, except in the C-1, C-1-E, C-1-VC, or C-2 zoning districts. (iii) Rooftop dining in a C-1, C-1-E, C-1-VC, or C-2 zoning district requires approval as a conditional use by the Board of Municipal and Zoning Appeals. (3) Paragraphs (1) and (2) of this subsection are subject to the requirements set forth in this section, as applicable. (b) (1) Outdoor dining may not interfere with the pedestrian access, parking, and safe vehicle maneuverability. (2) All outdoor dining areas must maintain a 5-foot sidewalk clearance at all times. (3) If reallocating parking spaces for an outdoor dining area, then the following apply: (i) If off street parking spaces are being reallocated and result in the loss of required parking, then a parking variance must be obtained from the Board of Municipal and Zoning Appeals. (ii) If on-street parking spaces are being reallocated, then the applicant must follow the process and guidelines set forth by the Department of Transportation. (c) Any outdoor dining located in the public right-of-way requires a minor privilege permit. (d) (1) Outdoor dining in a non-residential zoning district may not be located in any required yard or rooftop that adjoins a residential zoning district, unless an alley or a street of at least 20 feet in width on the side in which the outdoor dining is proposed is located between the use and the residential district. (2) If no yard is required or if no alley or street is present, as outlined in paragraph (1) of this subsection the use must maintain at least a 30-foot distance from the property line of any adjacent non-mixed use residential property. (e) An outdoor dining area located on a public sidewalk adjoining the building street frontage seeking the use should be as compact as possible against the building wall to allow for easy connectivity to the sidewalk on the remainder of the block. (f) All applications for the outdoor dining use conditional use must include a site plan that shows: (1) the size and location of the proposed outdoor dining; (2) any required pedestrian access; (3) any required clearances, and; (4) the location of all reallocated parking spaces. *History: Ord. 16-581* *History: Ord. 22-181* *History: * *History: * ##### § 14-330 Outdoor storage yards and contractor storage yards. Balt., Md., Code art. 32, § 14-330 (2026) (a) In this section, “outdoor storage area” means any: (1) outdoor storage yard; or (2) contractor storage yard. (b) All outdoor storage areas must be screened in accordance with § 15-510 {“Outdoor storage”} of this Code. (c) Whenever possible, the storage area must be located to the rear of the lot. (d) (1) Outdoor storage areas must be surfaced and graded to drain all surface water. (2) Outdoor storage areas may be surfaced with partially permeable materials, if adequate drainage and erosion and dust control are provided. (e) (1) Any lighting used to illuminate an outdoor storage area must be directed and shielded as to not illuminate any adjacent lots. (2) All exterior lighting must comply with the requirements of § 15-505 {“Exterior Lighting”} of this Code. *History: Ord. 16-581* ##### § 14-331 Parking garages and parking lots. Balt., Md., Code art. 32, § 14-331 (2026) (a) (1) Parking garages in the C-1, C-1-E, C-1-VC, C-2, C-3, C-5, and TOD Districts must include active ground-floor uses, whether residential or non-residential uses, along at least 25% of the ground floor when adjoining a street, other than an alley. (2) In all other districts, if a parking garage does not include active ground floor uses along at least 50% of the ground floor, the ground floor must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (b) (1) A parking lot may be used solely for the parking of motor vehicles and may not be used as an off-street loading area. (2) No motor vehicle repair or service of any kind may be conducted in any parking lot. (3) Signs must comply with Title 17 {“Signs”} of this Code. (4) No buildings other than those for shelter of attendants may be erected in a parking lot. The allowable shelters may not exceed 10 feet in height or 200 square feet in area. (5) The parking lot must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (6) The parking lot must be kept free from refuse and debris. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* *History: Ord. 22-181* ##### § 14-332 Places of worship. Balt., Md., Code art. 32, § 14-332 (2026) Places of worship must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. *History: Ord. 16-581* ##### § 14-333 Recyclable materials recovery facilities. Balt., Md., Code art. 32, § 14-333 (2026) (a) A recyclable materials recovery facility must: (1) comply with all applicable state and local laws, rules, and regulations; and (2) obtain all applicable state and local permits. (b) (1) All loading and unloading must be performed either within an enclosed building or within an area screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (2) All other operations must be enclosed within an enclosed building. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 14-333.1 Research and development facilities. Balt., Md., Code art. 32, § 14-333.1 (2026) (a) (1) All processing, fabrication, assembly, treatment, and packaging of products must be contained indoors entirely within a research and development facility. (2) Noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing process must be confined to a research and development facility or otherwise minimized. (b) Only minimal truck traffic required for the daily operations of a research and development facility is permitted. (c) In the C-2 zoning district a minimum parcel size of at least 1 acre is required. *History: * ##### § 14-334 Residential-care facilities. Balt., Md., Code art. 32, § 14-334 (2026) (a) A residential-care facility may locate where single-family dwellings are allowed under this Code as permitted or conditional uses, if the facility: (1) is located in a single-family dwelling (whether detached, semi-detached, or attached); (2) complies with § 1-305(u) {“Definitions: Dwelling unit”} and § 1-306(g) {“Definitions: Family”} of this Code; and (3) meets the general requirements, the bulk and yard regulations, and all other requirements of this Code applicable to dwellings in the zoning district within which the facility is located. (b) A residential-care facility may locate where multi-family dwellings are allowed as permitted or conditional uses under this Code , if the facility: (1) complies with § 1-305(p) {“Definitions: Dwelling: Multi-family”}, § 1-305(u) {“Definitions: Dwelling unit”}, and § 1-306(g) {“Definitions: Family”} of this Code; and (2) meets the general requirements, the bulk and yard regulations, and all other requirements of this Code applicable to dwellings in the zoning district within which the facility is located. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 14-335 Resource recovery facilities. Balt., Md., Code art. 32, § 14-335 (2026) (a) A resource recovery facility must: (1) comply with all applicable state and local laws, rules, and regulations, including state restrictions on location; and (2) obtain all applicable state and local permits. (b) The facility must comply with all federal, state, and local environmental and health laws, rules, and regulations. (c) Material must be stored indoors or in appropriate waste containers. *History: Ord. 16-581* ##### § 14-335.1 Retail: Big box establishments. Balt., Md., Code art. 32, § 14-335.1 (2026) Before approving a conditional use application for a proposed Retail: Big box establishment, a finding must be made that the proposed use will not have an undue adverse economic impact on the community. This finding must be based on data provided by an economic and fiscal impact study conducted by a qualified analyst selected by the City and must be paid by a fee assessed to the applicant. *History: Ord. 16-581* ##### § 14-335.2 Retail: Small Box Establisment. Balt., Md., Code art. 32, § 14-335.2 (2026) Any new Retail: Small Box Establishment shall be at least 2,640 feet from any existing Retail: Small Box Establishment. *History: * ##### § 14-336 Retail goods establishments – With alcoholic beverage sales. Balt., Md., Code art. 32, § 14-336 (2026) (a) A retail goods establishment with alcoholic beverage sales must have a Class A or Class A-2 License from the Baltimore City Board of Liquor License Commissioners. (b) The establishment may not be detrimental to or endanger the public health, safety, and welfare. (c) (1) Except as otherwise provided in this subsection, a retail goods establishment with alcoholic beverage sales must be located at least 300 feet from any other existing retail goods establishment with alcoholic beverage sales. (2) This spacing requirement does not apply in the C-5, C-1-E, and PC Districts. (3) The Board of Municipal and Zoning Appeals may waive this spacing standard during the conditional use process if the applicant can show that there will be no negative impact to public health, safety, and welfare. *History: Ord. 16-581* ##### § 14-337 Smoke shops. Balt., Md., Code art. 32, § 14-337 (2026) A smoke shop may not be located: (1) within 750 feet of any school, recreation center, or park; or (2) within 750 feet from another smoke shop. *History: Ord. 16-581* *History: * ##### § 14-338 Taverns. Balt., Md., Code art. 32, § 14-338 (2026) (a) A tavern must have the appropriate license from the Baltimore City Board of Liquor License Commissioners. (b) Taverns may sell alcoholic beverages for off-premises consumption only if: (1) annually, the average daily receipts from the sale of alcoholic beverages for on-premises consumption exceeds 50% of the establishment’s total average daily receipts, not including sales of novelty items, income from vending machines, cover charges, or other receipts not derived from the sale of food or beverages; and (2) more than 50% of the establishment’s public floor space is devoted to on-premises consumption. (c) Taverns must keep accurate records of all sales of alcoholic beverages so that a determination can be made of what proportion of those sales are in sealed packages or containers for off-premise consumption. These records must be maintained and made available for inspection to confirm compliance. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* *History: * ##### § 14-339 Telecommunications facilities. Balt., Md., Code art. 32, § 14-339 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) (i) “Base station” means the transmission equipment and non-tower supporting structure at a fixed location that enables wireless communications services between user equipment and a communications network. (ii) “Base station” does not include a satellite dish antenna, as defined in § 1-313(d) {“Satellite dish antenna”} of this Code. (3) “Collocate” means to mount or install transmission equipment on telecommunication facilities for the purpose of transmitting or receiving radio frequency signals for communications purposes. (4) “Distributed antenna system” or “DAS” means a network of multiple, spatially separate antenna nodes connected, for the purpose of providing wireless communication services within a geographic area. (5) “Eligible facilities request” means any request for modification of an existing tower or base station that: (i) involves: (A) the collocation of new transmission equipment; (B) the removal of transmission equipment; or (C) the replacement of transmission equipment; and (ii) does not: (A) substantially change physical dimensions; or (B) include the replacement of a tower. (6) “Node” means a component of a DAS or small cell installation that: (i) includes one or more radio frequency transmitters or antennae; and (ii) is connected by a high capacity transport medium (such as a fiber optic cable) to a common source with other nodes. (7) “Small cell installation” means a wireless communication technology installation similar to a DAS, but normally including a single node. (8) “Substantially change ... physical dimensions”, when used with reference to a tower or base station, means: (i) for a tower: (A) an increase in the tower’s height by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; or (B) the creation of an appurtenance that protrudes from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater; (ii) for a base station: (A) an increase in the base station’s height by more than 10% or 10 feet, whichever is greater; or (B) the creation of an appurtenance that protrudes from the edge of the base station by more than 6 feet; (iii) an installation of more than the standard number of new equipment cabinets for the technology involved or, in any event, more than 4 cabinets; (iv) a modification that entails an excavation or deployment outside the current site of the tower or base station; (v) a modification that would defeat the existing concealment elements of the tower or base station; and (vi) a modification that does not comply with conditions associated with the prior approval of construction or modification of the tower or base station, unless the non-compliance is due to an increase in height, increase in width, additional cabinet installation, or new excavation that does not exceed the corresponding “substantial change” thresholds identified above. (9) (i) “Telecommunications facility” means any structure that falls within the definition of “base station” or “tower”. (ii) “Telecommunications facility” does not include a data center. (10) (i) “Tower” means any structure built for the sole or primary purpose of supporting a base station. (ii) “Tower” does not include a satellite dish antenna, as defined in § 1-313(d) {“Satellite dish antenna”} of this Code. (11) (i) “Transmission equipment” means any equipment that facilitates transmission for a wireless communication service. (ii) “Transmission equipment” includes radio transceivers, antennas, and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply. (iii) “Transmission equipment” does not include a satellite dish antenna, as defined in § 1-313(d) {“Satellite dish antenna”} of this Code. (12) (i) “Wireless communications service” means a radiocommunication service licensed pursuant to Federal Communications Commission requirements for frequency bands in the 2305-2320 and 2345-2360 MHZ spectrum range. (ii) The most common use of this spectrum is mobile voice and data services, including cell phone, text messaging, and Internet. (b) This section does not apply to towers or base stations located in a public right-of-way. (c) The following standards for telecommunications facilities are intended to: (1) ensure public health, safety, and welfare; (2) ensure access to reliable wireless communications services throughout the City; (3) encourage the location of antennas and towers on City-owned property; (4) encourage the use of existing telecommunications facilities for wireless communications services; and (5) encourage the location of towers, to the extent possible, in areas where the adverse impact on the City will be minimal and, preferably, in non-residential districts. (d) (1) A telecommunications facility is, in all districts, a conditional use requiring approval by the Board of Municipal and Zoning Appeals, except where, as provided in subsection (k) {“Stealth design”} or subsection (n) {“Modifications”} of this section, it is a permitted use subject to site plan review. (2) In addition to the general requirements for conditional-use applications, site plan review submissions, eligible facilities requests, or other documentation, all applications to erect, construct, or modify any part of a telecommunications facility must include the following items: (i) a site plan showing: (A) the location, size, screening, and design of all structures, including fences; (B) the location and size of all outdoor equipment; (C) elevations showing antenna height; (D) a landscape plan; and (E) if the site plan is for a new tower, indication of the fall zone (shaded circle); (ii) a maintenance plan, and any applicable maintenance agreement, designed to ensure long-term, continuous maintenance to a reasonably prudent standard, including maintenance of landscaping, keeping the area free from debris and litter, and immediate removal of any graffiti; (iii) a description of what is proposed, demonstrating the need for the telecommunications facility to be located where proposed; (iv) the reason or purpose for the placement, construction, or modification, with specific reference to the provider’s coverage, capacity, and quality needs, goals, and objectives; (v) the service area of the proposed telecommunications facility; (vi) if the proposal is for a new tower, a map showing existing telecommunications facilities within the City and within areas surrounding the borders of the City, together with a justification for why locating on those existing facilities is not feasible and the new tower needed where proposed; (vii) certification by a professional engineer of the manner in which the proposed structure will fall, which certification may be used, along with other criteria such as applicable regulations for the district in question, in determining if additional setback should be required for the structure and other facilities; and (viii) a visual simulation or rendering of the proposed telecommunications facility that illustrates the relationship between the height and the visual appearance of the telecommunications facility. The Zoning Administrator may require that the visual simulation be provided from 2 different perspectives and accurately depict the scale of the proposed telecommunications facility in the context of the surrounding area. (e) (1) Telecommunications facilities must be set back from all lot lines in accordance with the minimum setback requirements applicable to the district in question. (2) DAS and small cell installation sites are not subject to setback requirements. (f) The maximum height of a tower is the minimum needed to function satisfactorily with telecommunications facilities for at least 2 wireless communications service providers. The conditional-use application for approval of a tower must demonstrate the height needed for the tower. (g) Telecommunications facilities may not be lit or marked unless required by the Federal Communications Commission, by the Federal Aviation Administration, or for the specific purpose of security, maintenance, or repair. (h) Telecommunications facilities must comply with the landscaping regulations of the Baltimore City Landscape Manual. (i) (1) A base station may house only equipment and supplies for the direct operation of the telecommunications facility. Equipment and supplies not used in direct support of the operation may not be stored on the site. (2) The facility may not be staffed. (3) Signs are strictly prohibited unless required by FCC or other governmental regulation. (j) (1) A tower may be freestanding or supported and may be of either lattice or monopole construction. (2) The ability for other wireless communications service providers to collocate on a tower is required. Towers must be designed to accommodate other wireless communications service providers. The area surrounding a tower must be of a sufficient size to accommodate the base stations of at least 2 wireless communications service providers. (3) Unless otherwise required by the Federal Communications Commission, the Federal Aviation Administration, or the City, towers must have a galvanized silver or gray finish. (k) (1) Stealth designs for base stations are encouraged and are permitted uses in all commercial, industrial, and special purpose districts, subject to site plan review and the requirements of this section. (2) An application for site plan review must include all information required by this section. (3) To qualify as a permitted stealth design: (i) the base station must be within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual; (ii) its antennae must be mounted at least 40 feet above grade, except for small cell installations, which must be mounted at least 25 feet above grade or a minimum of 15 feet by conditional use, as measured from grade to the base of the antenna; (iii) the base station must be located on or in a structure already permitted within the zoning district, such as water towers, clock towers, streetlights, penthouses, parapet walls, and steeples, and designed to blend into the structure; and (iv) the base station may not increase the overall height of the structure on which it is mounted. (4) Base stations that collocate on existing towers are considered stealth design. (l) (1) Any telecommunications facility that is not operated for 180 consecutive days is considered abandoned. (2) The owner must remove the telecommunications facility and all aboveground equipment and related debris within 180 days of its abandonment. (m) (1) Ordinary maintenance may be performed on nonconforming telecommunications facilities. However, if a proposed alteration intensifies a nonconforming characteristic of the telecommunications facility, a variance is required. (2) Collocation of a base station on an existing nonconforming tower is allowed as a conditional use requiring approval by the Board of Municipal and Zoning Appeals, as long as the addition of the base station does not intensify the nonconformity. (n) (1) Modifications of an existing tower or base station that does not substantially change the physical dimensions of the tower or base station are permitted if supported by an eligible facilities request. (2) An applicant submitting an eligible facilities request must show that the modification does not substantially change the physical dimensions of the tower or base station. (3) Within 60 days of filing an eligible facilities request, the request must be reviewed and approved if the modification qualifies under this subsection, (4) Approval of an eligible facilities request: (i) is subject to a site plan review; and (ii) may be subject to conditions imposed by the Zoning Administrator, as long as those conditions do not conflict with the provisions of this section. (o) When the installation of a telecommunications facility is completed, and every 5th year thereafter, a professional engineer must certify that the facility meets all applicable Building Code and safety requirements. *History: Ord. 16-581* *History: Ord. 17-015* *History: * *History: * ##### § 14-340 Urban agriculture. Balt., Md., Code art. 32, § 14-340 (2026) (a) Urban agriculture uses that involve any of the following activities must prepare a management plan, subject to approval by the Director of Planning, that addresses how the activities will be managed to mitigate impacts on surrounding land uses and natural systems: (1) Animal husbandry, including chicken coops, apiaries and aquaculture. The keeping of livestock must adhere to all Baltimore City Health Department and Maryland Department of Agriculture regulations. (2) Processing of food produced on site. (3) Spreading of manure, sludge, or other nutrient-rich fertilizers. (4) Spraying of agricultural chemicals, including fertilizers, fungicides, and pesticides. (5) Use of heavy equipment such as tractors. (b) (1) Greenhouses (permanent or temporary) used to extend the growing season are permitted. (2) There is no limit on the number or square footage on these structures. (c) For any urban agriculture use that involves the cultivation of plants for human consumption, measures must be taken to test and, if necessary, remediate the soil in accordance with guidelines adopted by the Department of Planning. (d) (1) Permanent accessory structures are limited to: (i) tool sheds; (ii) shade pavilions; (iii) barns; (iv) toilet facilities; (v) planting preparation houses; and (vi) post-harvest processing facilities. (2) All structures must be set back at least 5 feet from any lot line. (3) No structure may exceed 25 feet in height, except for structures designed to capture wind energy. (e) (1) The combined area of all structures is limited to 25% of the lot area. (2) For multiple adjoining lots that are under common ownership and used as community-managed open space, the limit for the combined area of structures is applied over the entire site rather than each individual lot. The limit for the combined area of structures for the individual lots may not exceed that of the underlying zoning district. (f) (1) Farmstands for the display and sale of agricultural products are permitted. (2) Farmstands must be removed from the premises or stored inside a structure on the premises during that time of the year when the facility is not open for public use. (g) Composting on-site is allowed as an accessory use, subject to the following conditions: (1) any compost pile must be located at least 3 feet away from any lot line; (2) composting areas and structures must be maintained in a way that protects adjacent properties from nuisance odors and the attraction of rodents or other pests; and (3) organic waste material for composting may be accepted from outside sources and either used on site or distributed at no cost, but may not be sold. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 14-341 Utilities and electric substations. Balt., Md., Code art. 32, § 14-341 (2026) (a) Utilities and electric substations must be designed so that the location of entrances and exits, exterior lighting, service areas, and parking and loading facilities will minimize traffic congestion, pedestrian hazards, and adverse impacts on adjacent properties. (b) Except as otherwise provided in subsection (c) of this section, electric substations and any aboveground utility structures, such as pedestals for cable wire access or other access points for underground infrastructure (communications wiring, fiber optic, etc.): (1) may not encroach into a required front yard; and (2) must be screened from any public right-of-way. (c) The following are exempt from the setback and screening requirements of subsection (b) of this section: (1) an above-ground, fully-enclosed transformer, switchgear, regulator, meter, or capacitor that is located in an Industrial Zoning District; and (2) an above-ground, fully-enclosed transformer, switchgear, regulator, meter, or capacitor that: (i) is located in a Residential, Office-Residential, Commercial, or TOD Zoning District; and (ii) does not exceed 7 feet in width, 7 feet in length, or 6 feet in height. (d) On a property where an electric substation has been approved as a conditional use, a modification of the electric substation is allowed without amendment of the conditional use, as long as: (1) the modification conforms to the bulk and yard regulations of the underlying zoning district; (2) the modification either: (i) is located solely within the existing perimeter fence or wall; or (ii) covers an area beyond the existing perimeter fence or wall that is not more than 10% of the area within the existing perimeter fence or wall; (3) the modification is located solely on the property governed by the conditional use; and (4) the electric substation, as so modified, complies with all conditions of the existing conditional use approval other than a condition that restricts the electric substation to the equipment configuration allowed under the existing conditional use approval. *History: * #### Subtitle 4 – Temporary-Use Standards ##### § 14-401 Permits. Balt., Md., Code art. 32, § 14-401 (2026) (a) Any person that desires a temporary-use permit, as required by this Code, must file with the Zoning Administrator a written application, in the form that the Zoning Administrator requires. (b) (1) The Zoning Administrator may grant temporary-use permits for temporary uses, whether the proposed use is specifically listed in this subtitle or, except for a use that involves alcoholic beverage sales, not specifically listed in this subtitle, as long as the Zoning Administrator determines that the proposed use complies with all applicable requirements of this subtitle and this Code. (2) Unless otherwise limited, temporary uses may be allowed in any zoning district as long as that use is consistent with the purpose and intent of this Code and the zoning district in which it is located. (c) (1) No temporary use is allowed in any district if it would have a significant negative impact on any adjacent property or on the area as a whole. (2) Unless expressly provided in this subtitle, every temporary use or structure must comply with the bulk and yard regulations applicable to the district in which it is located. (3) As part of the temporary-use permit approval, the Zoning Administrator may impose other conditions, restrictions, or limitations as necessary to achieve the purposes of this Code and to protect the public health, safety, and welfare. (d) (1) Whenever the Zoning Administrator learns of a violation of a condition, restriction, or limitation imposed on a temporary use, the Zoning Administrator must attempt to resolve it informally and promptly. (2) If unable to resolve the violation, the Zoning Administrator must issue notice of proposed revocation. (3) All notices must be served by 1 of the methods specified in § 19-207 {“Violation notice: Service”} of this Code. (4) The notice of the proposed revocation must be sent to: (i) the owners of record of the property, as shown on the tax records of Baltimore City; (ii) the persons to whom the temporary-use permit was granted or the current operator; and (iii) the Director of Planning. (5) The notice must specify the nature of the violation and warn the recipient that, unless the violation is corrected within the time specified in the notice, the Zoning Administrator will either: (i) revoke the permit; (ii) suspend the permit subject to completion of corrective action or other condition; or (iii) affirm the permit subject to a schedule for corrective action, with provision for automatic termination if the schedule is not met. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 14-402 General provisions. Balt., Md., Code art. 32, § 14-402 (2026) (a) No temporary use is permitted that causes or threatens to cause an on-site or off-site threat to the public health, safety, or welfare. (b) (1) Every temporary use must be operated in accordance with the restrictions and conditions that the Fire Department requires. (2) If required by the City, the operator of the temporary use must employ appropriate security personnel. (c) (1) No temporary use is permitted if the additional vehicular traffic reasonably expected to be generated by the use would have undue detrimental effects on surrounding streets and uses. (2) No temporary use may block fire lanes. (d) (1) No temporary use may be authorized that would unreasonably reduce the amount of parking spaces available for use in connection with permanent uses located on the lot in question. (2) The Building Official may make an assessment of the total number of parking spaces that will be reasonably required in connection with a proposed temporary use, based on the particular use, its intensity, and the availability of other parking facilities in the area. The Building Official may approve the temporary use only if that number of parking spaces are provided. (e) No temporary use is permitted if it conflicts with another previously authorized temporary use. *History: Ord. 16-581* ##### §§ 14-403 to 14-405 Balt., Md., Code art. 32, § 14-403 to 14-405 (2026) Reserved ##### § 14-406 Permitted temporary uses – Carnivals or circuses. Balt., Md., Code art. 32, § 14-406 (2026) (a) Carnivals and circuses are allowed in any district. (b) Carnivals and circuses are evaluated based on: (1) the adequacy of the parcel size, parking provisions, and traffic access; and (2) the absence of undue adverse impact, including noise, on other properties. (c) Carnivals and circuses need not comply with the yard requirements and the maximum height requirements of this Code. (d) The party responsible for the operation of the carnival or circus must: (1) submit, in advance of the event, a site layout displaying adequate ingress and egress routes for emergency vehicles and no dead-end aisles; (2) comply with all applicable local regulations; (3) provide and properly service refuse containers in the number and locations required by the City; (4) provide for a thorough clean-up of the site at the completion of the event; (5) provide proof that all amusement devices have been government inspected; and (6) on written notice from the City, immediately stop the use of any amusement device or structure found by the City to pose a threat to the public safety. *History: Ord. 16-581* ##### § 14-407 Permitted temporary uses – Seasonal or holiday sales lots. Balt., Md., Code art. 32, § 14-407 (2026) (a) Seasonal or holiday sales lots are allowed in any district. (b) Seasonal or holiday sales lots, such as Christmas tree sales and pumpkin patches, are evaluated based on: (1) the adequacy of the parcel size, parking provisions, and traffic access; and (2) the absence of undue adverse impact on other properties. (c) Seasonal or holiday sales lots are limited to a period of not more than 45 days. *History: Ord. 16-581* ##### § 14-408 Balt., Md., Code art. 32, § 14-408 (2026) Reserved ##### § 14-409 Permitted temporary uses – House, apartment, garage, and yard sales. Balt., Md., Code art. 32, § 14-409 (2026) (a) House, apartment, garage, and yard sales are allowed in any district, but only when limited to personal possessions of, or arts and crafts made by, the owner or occupant of the dwelling unit where the sale is being conducted. (b) No temporary-use permit is required. (c) (1) These sales are limited to a period of not more than 3 consecutive days. (2) No more than 3 sales may be conducted from the same residence in any 12-month period. *History: Ord. 16-581* ##### § 14-410 Permitted temporary uses – Shows and sales. Balt., Md., Code art. 32, § 14-410 (2026) (a) In this section, “shows and sales” means any of the following events, whether indoors or outdoors: (1) arts and crafts shows and sales; (2) flea markets; (3) holiday shows and sales; and (4) plant shows and sales. (b) Shows and sales, as described in subsection (a) of this section, are allowed in any district. (c) These shows and sales are evaluated based on: (1) the adequacy of the parcel size, parking provisions, and traffic access; and (2) the absence of undue adverse impact on other properties. (d) (1) In residential districts: (i) these shows and sales are limited to a period of not more than 3 consecutive days; and (ii) no more than 3 shows or sales are permitted at the same location in any 12-month period. (2) In all other districts: (i) these shows and sales are limited to a period of not more than 3 consecutive days; and (ii) no more than 4 shows or sales are permitted at the same location in any 12-month period. *History: Ord. 16-581* ##### § 14-411 Permitted temporary uses – Sidewalk sales. Balt., Md., Code art. 32, § 14-411 (2026) (a) Sidewalk sales are permitted in the commercial districts only. (b) (1) Sidewalk sales must be in conjunction with and clearly incidental to an existing permanent on-site use. (2) Sidewalk sales are permitted to display and sell only merchandise that is found in stores participating in the sidewalk sale. (c) Sidewalk sale may not interfere with pedestrian traffic or violate standards of accessibility required by the ADA or other accessibility codes. (d) A minor privilege permit is required for any sidewalk sale that takes place within the public right-of-way. (e) (1) Sidewalk sales are limited to a period of not more than 5 consecutive days. (2) No more than 2 sales are permitted at the same location in any 12-month period. *History: Ord. 16-581* ##### § 14-412 Permitted temporary uses – Outdoor entertainment. Balt., Md., Code art. 32, § 14-412 (2026) (a) Temporary outdoor entertainment events are allowed in non-residential districts. (b) Temporary outdoor entertainment events are evaluated based on: (1) the adequacy of the parcel size, parking provisions, and traffic access; and (2) the absence of undue adverse impact, including noise, on other properties. (c) Temporary outdoor entertainment events need not comply with the yard requirements of this Code. *History: Ord. 16-581* ##### § 14-413 Permitted temporary uses – Batching plants. Balt., Md., Code art. 32, § 14-413 (2026) (a) Temporary batching plants (asphalt or concrete) are allowed in any district in connection with construction activities. (b) Temporary batching plants must be set back at least 50 feet from any property developed for other than industrial uses. (c) Temporary batching plants are limited the duration of construction or 1 year, whichever is sooner. *History: Ord. 16-581* ##### § 14-414 Permitted temporary uses – Contractor trailers; Real estate model units. Balt., Md., Code art. 32, § 14-414 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Contractor trailer” means a use that includes watchman’s trailers, construction equipment sheds, contractor trailers, and similar items incidental to a construction project. (3) (i) “Real estate model unit” means a dwelling unit temporarily used for display purposes as an example of dwelling units available for sale or rental in a particular subdivision or other residential development. (ii) “Real estate model unit” includes sales or rental offices for dwellings within the development. (b) Contractor trailers and real estate model units, including temporary sales or rental offices accessory to a new development, are allowed in any zoning district when accessory to a construction project or a new development. (c) These structures may not contain any sleeping or cooking accommodations, except those located in a model unit used for demonstration purposes only. (d) No trailer, unit, or office may be used as the general office or headquarters of any person. (e) (1) Contractor trailers are limited to a period of not more than the duration of the active construction phase of the project. (2) Real estate model units, including temporary sales or rental offices, are limited to the active selling and leasing of space in the development or 6 months after issuance of the final use permit, whichever is sooner. *History: Ord. 16-581* ##### § 14-415 Permitted temporary uses – Self-storage containers. Balt., Md., Code art. 32, § 14-415 (2026) (a) In this section, “temporary storage container” means a temporary self-storage container (also known as a “Portable On-Demand Storage” container or “PODS”) that is delivered to a residential or commercial use for the resident or business owner to store belongings, which are then picked up and returned to a warehouse until called for. (b) Temporary storage containers are permitted in any zoning district when used for loading or unloading. (c) (1) Temporary storage containers may not be used for permanent storage. They may not serve as a substitute for permanent storage needs on the site on which they are located. (2) Containers may not be permanently attached to the ground, serviced with permanent utilities, or stacked on the site. (d) Temporary storage containers are limited on site to a period of not more than 72 hours. *History: Ord. 16-581* ##### § 14-416 Permitted temporary uses – Tents. Balt., Md., Code art. 32, § 14-416 (2026) (a) (1) Tents within commercial districts are permitted for no longer than 14 days and must be in conjunction with a special event or a use located on the same lot. Tents must be removed within 2 days of the end of the event for which it was erected, but in no case may a tent be in place for longer than 14 days. (2) Every tent must comply with the bulk requirements applicable to accessory structures. Additionally, the Zoning Administrator may restrict the size and location of a tent or tents if the Zoning Administrator determines that they create parking or access problems on the site. (b) (1) Tents within residential districts are limited to a period of not more than 5 consecutive days and must be located in the rear yard. (2) Tents within residential districts are exempt from temporary-use permits. (3) These include tents used for entertainment or assembly purposes. *History: Ord. 16-581* ### Title 15 – Site Development Standards #### Subtitle 1 – Purpose of Title ##### § 15-101 Purpose. Balt., Md., Code art. 32, § 15-101 (2026) The purpose of this title is to address the regulation of site improvements on a lot, including the regulations applicable to the principal building. This includes measurement methodologies, site design standards, accessory structures and uses, temporary uses, permitted encroachments and performance standards. *History: Ord. 16-581* #### Subtitle 2 – Applicability of Development Standards ##### § 15-201 Compliance required. Balt., Md., Code art. 32, § 15-201 (2026) (a) No structure may be erected except in accordance with the bulk and yard regulations prescribed for the district in which the structure is located or proposed to be located. (b) No structure may be expanded, altered, or moved so as to reduce the yards and open spaces prescribed for the district in which the structure is located or the expansion, alteration, or movement is proposed to be located. (c) No structure may be erected, expanded, or altered if the structure, as proposed to be erected, expanded, or altered, is arranged, intended, or designed to exceed the density permitted in the district in which the structure, expansion, or alteration is located or proposed to be located. (d) No structure may be occupied by more than the number of individuals permitted by the bulk regulations of the district in which the structure is located. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-202 Continued conformity with yard, etc., requirements. Balt., Md., Code art. 32, § 15-202 (2026) (a) The maintenance of required yards, other open-space, and minimum lot area for a structure is a continuing obligation of the owner of the structure and of the owner of the property on which the structure is located, as long as the structure exists. (b) No required yard, other open-space, or minimum lot area allocated to a structure may, by virtue of a change of ownership or for any other reason, be used to satisfy yard, other open-space, or minimum lot area requirements for any other structure. (c) All yards and other open spaces allocated to a structure must be located on the same lot as the structure. (d) No lot may be divided or subdivided in a way that would violate any provision of this Code applicable to the original lot or to the resulting lots. *History: Ord. 16-581* ##### § 15-203 Number of structures on a lot. Balt., Md., Code art. 32, § 15-203 (2026) (a) Except in a planned unit development or as authorized in subsection (b) of this section: (1) no more than 1 principal detached structure may be located on: (i) any residential lot; or (ii) any lot adjacent to a residential lot; and (2) no principal detached structure or any other free-standing structure may be located with any other principal structure on the same: (i) residential lot, except as specified in § 1-210 {“Use and site development standards”} or § 15-601 {“Permitted projections and obstructions into required yards”}; or (ii) any lot adjacent to a residential lot. (b) Notwithstanding subsection (a) of this section, the Zoning Administrator shall approve the construction of more than 1 principal detached structure or other free-standing structure on a residential lot or any lot adjacent to a residential lot, if: (1) the development otherwise would conform to the requirements of this Article; and (2) the requirements of site plan review and design review are met. *History: * #### Subtitle 3 – Measurement Methodologies ##### § 15-301 Measurement of building height. Balt., Md., Code art. 32, § 15-301 (2026) (a) (1) In this subsection, “street wall” means the wall of a building nearest to and facing a street. (2) For purposes of determining compliance with height limitations, the height of a building is determined by measuring the vertical distance: (i) from the following, as applicable: (A) from the mean curb level of the right-of-way on which the property fronts; (B) if the front wall of the building is not within 30 feet of the curb, from the average elevation of the ground adjoining that wall; or (C) if the building is in a Regulated Flood-Hazard Area (as defined in and subject to City Code Article 7 {“Natural Resources”}, Division I {“Floodplain Management”}), from the required design-flood elevation (also as defined in and subject to Article 7, Division I); and (ii) to the following, as applicable: (A) in the case of a flat roof, to the highest point of the roof that adjoins the street wall; or (B) in the case of a pitched roof, to the mean height level of the roof as measured between the eaves and the peak in the case of pitched roofs. (b) The height regulations of this Code do not apply to the following: (1) belfries, chimneys, cupolas, domes, grain elevators, fire escapes, flagpoles, flues, minarets, monuments, spires, stacks, steeples, ventilators, and utility poles; (2) water towers or tanks other than those located on the roof of a structure; (3) bulkheads, cooling towers, elevator enclosures, monitors, elevator or stairway penthouses, skylights, stage towers and water tanks, and air conditioning units, as long as these structures do not occupy more than 25% in the aggregate of the area of the roof of the structure on which they are located; (4) roof decks, subject to design review; (5) parapet walls used to screen mechanical equipment, as long as these walls do not exceed the height necessary to screen the mechanical equipment listed in item (3) of this subsection; (6) any accessory structures in Subtitle 5 of this title that are allowed to exceed height limitations, subject to any limitations imposed by Subtitle 5 of this title; and (7) rooftop greenhouses, as long as: (i) the greenhouses do not exceed 15 feet above the applicable district height limit; (ii) the greenhouses do not occupy more than 50% of the roof area; (iii) all lighting used to illuminate a rooftop greenhouse is directed and shielded to prevent illumination of any adjacent lots; and (iv) all exterior lighting complies with the requirements of § 15-505 {“Exterior lighting”} of this title. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: Ord. 22-181* ##### § 15-302 Measurement of density. Balt., Md., Code art. 32, § 15-302 (2026) In the residential districts, the maximum number of permitted dwelling units on a lot is determined by dividing the total area of the lot by the lot area requirement that applies to the district in which the lot is located. On a lot with 3 or more dwelling units, a fraction of the total area that is 50% or more of the required lot area factor counts as an additional permitted dwelling unit. *History: Ord. 16-581* ##### § 15-303 Measurement of floor area ratio. Balt., Md., Code art. 32, § 15-303 (2026) For determining floor area ratio, the floor area of a structure is the gross floor area of all floors of the structure, including parking, measured from the outside faces of exterior walls or from the centerlines of party walls. *History: Ord. 16-581* ##### § 15-304 Measurement of lot coverage. Balt., Md., Code art. 32, § 15-304 (2026) In computing the percentage of lot area covered by a structure, the area of the maximum horizontal plane of the entire structure is used. *History: Ord. 16-581* ##### § 15-305 Measurement of distance between properties. Balt., Md., Code art. 32, § 15-305 (2026) In determining the distance between properties, the measurement shall be calculated using the shortest separation between the property boundary lines. *History: * #### Subtitle 4 – Exceptions ##### § 15-401 Street, public transit, and open-space dedications. Balt., Md., Code art. 32, § 15-401 (2026) (a) Subject to the requirements and limitations of this section, if the owner of a lot gives or dedicates to the Mayor and City Council of Baltimore any land on or adjacent to the lot for the purpose of establishing or improving a public street, for the purpose of establishing or improving public transit, or for the purpose of establishing open space, the area of the land so given or dedicated may be added to the lot area used to compute the maximum number of dwelling units that, under the bulk and yard regulations of this Code, are permitted on that lot. (b) To qualify for this added area, the land given or dedicated must be: (1) designated for this purpose on an approved subdivision plat or builders’ location plat; (2) certified by the Planning Commission as essential to overall community planning and not for the sole benefit of any one individual; and (3) given or dedicated to the City at the request of the Planning Commission. (c) In lieu of any compensation to the owner for a lot contributed under this section, the permitted density of the remaining private development lot, as computed under this section, may exceed by up to, but no more than, 110% of the density that otherwise would be allowed for that lot. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-402 Inclusionary housing adjustment. Balt., Md., Code art. 32, § 15-402 (2026) For a residential project that, under City Code Article 13, § 2B-22(c) {“Project benefitting from significant land use authorization or rezoning”} or § 2B-23(c)(1) {“30 or more units: Cost-offsets”}, is entitled to bonus units, the lot area per dwelling unit otherwise required by this Code is reduced to the extent needed to accommodate those bonus units. *History: Ord. 16-581* ##### § 15-403 Rear yard reduction. Balt., Md., Code art. 32, § 15-403 (2026) (a) For a lot that is less than 100 feet deep, the depth of a rear yard required for a dwelling may be reduced 1% for each 1 foot that the lot is less than 100 feet deep, subject to the limitations and requirements of this section. (b) A reduction under this section may not exceed the following: (1) in the case of an existing detached or semi-detached dwelling that is located in a business district, two-thirds of the required depth; and (2) in all other cases, one-quarter of the required depth. (c) A reduction may be taken under this section only if all other bulk and yard regulations are complied with. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-404 Building heights near Washington Monument. Balt., Md., Code art. 32, § 15-404 (2026) Nothing in this Code in any way affects the requirements of Chapter 42, Laws of Maryland 1904, which states: “[F]rom and after [March 15, 1904], no building, except churches, shall be erected or altered in the City of Baltimore on the territory bounded by the south side of Madison street, the west side of St. Paul street, the north side of Centre street, and the east side of Cathedral street, to exceed in height a point seventy feet above the surface of the street at the base line of the Washington Monument.” *History: Ord. 16-581* ##### § 15-405 Limitations in Mount Vernon neighborhood. Balt., Md., Code art. 32, § 15-405 (2026) (a) The building height limitations and permissions of Table15-405: Mount Vernon Neighborhood Height Map apply within the boundaries indicated in that Table for the Mount Vernon Neighborhood. These building heights control in place of the building height regulations of the underlying zoning district. (b) Within the boundaries indicated in Table 15-405 for the Mount Vernon Neighborhood: (1) when calculating the height of a building for compliance with height limitations, mechanical equipment, including heating, ventilation, and air-conditioning units, on top of the building are included in that calculation; (2) new principal-use surface parking lots are prohibited; and (3) for new construction, the minimum lot area per dwelling unit is 200 square feet. *History: Ord. 16-581* *History: Ord. 22-181* #### Subtitle 5 – Accessory Structures and Uses ##### § 15-501 General regulations. Balt., Md., Code art. 32, § 15-501 (2026) (a) An accessory structure or use must be limited to and located on the same lot with the use of the principal structure to which it is accessory. (b) The total area of all accessory structures may not occupy more than 50% of the area of a required rear yard. (c) Unless otherwise permitted or restricted by this subtitle, no accessory structure may exceed 15 feet in height. (d) Unless otherwise permitted or restricted by this subtitle, accessory structures must comply with the yard requirements of the district. (e) No accessory structure may be erected on any lot before construction of the principal structure to which it is accessory. (f) If an accessory structure, such as an attached garage, is attached to a principal structure by any wall or roof construction, it is considered to be a part of the principal structure and must comply in all respects with the requirements of this Code that apply to the principal structure. *History: Ord. 16-581* ##### § 15-502 Amateur (ham) radio equipment. Balt., Md., Code art. 32, § 15-502 (2026) (a) (1) “Amateur (ham) radio equipment” means equipment for broadcasting an amateur (ham) radio station licensed by the Federal Communications Commission. (2) “Amateur (ham) radio equipment” includes: (i) a tower or tower-like structure supporting a single, radiating antenna platform; and (ii) other broadcasting equipment. (b) Towers that solely support amateur (ham) radio equipment and conform to all applicable performance criteria as set forth in Subtitle 7 of this Title are permitted in the required rear yard. Towers may not exceed the maximum building height of the applicable district, unless a taller tower is technically necessary to engage successfully in amateur radio communications in accordance with subsection (e) of this section. In the single-family residential districts, all towers must be set back 10 feet from any lot line. (c) (1) Certain additional types of antenna systems that are not freestanding towers are permitted in any yard if they implement stealth design and receive design review approval. (2) To qualify as a stealth design, antennas must be within an enclosed structure or otherwise screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (d) Antennae may be ground-, building- or roof-mounted. Every effort must be made to install radio antennae in locations that are not readily visible from neighboring properties or from the public right-of-way, excluding alleys. (e) An antenna or tower that is proposed to exceed the height limitations is a conditional use. The operator must provide evidence that a taller tower or antenna is necessary to engage successfully in amateur radio communications. In addition, the applicant must provide evidence that the tower or antenna is not a hazard to birds (i.e., minimal chance of bird strikes). The tower or antenna must conform to all applicable performance criteria as set forth in Subtitle 7 of this title. As part of the application, the applicant must submit a site plan showing the proposed location of the tower or antenna, as well as its relation to the principal building and any additional accessory structures. (f) Antennae and towers owned and operated by the City are exempt from these requirements. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-503 Automobile charging station (electric and solar). Balt., Md., Code art. 32, § 15-503 (2026) Parking spaces within parking lots or parking garages, whether the parking is a principal use or accessory to a principal use, may include electric automobile charging stations, including models that charge by solar energy. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-504 Carriage house. Balt., Md., Code art. 32, § 15-504 (2026) (a) An accessory carriage house existing on June 5, 2017, in a Residential District or in an OR District may be converted into a single-family detached dwelling, if: (1) the building contains at least 350 square feet of gross floor area; and (2) all other requirements of this Code are met. (b) In addition, if an existing carriage house is converted into a dwelling unit, it cannot be enlarged by any alteration that would increase the building height or footprint by more than 20%. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-181* ##### § 15-505 Exterior lighting. Balt., Md., Code art. 32, § 15-505 (2026) (a) The following exterior lighting requirements apply to lighting on private property. (b) (1) No exterior lighting may glare into, or upon, the surrounding area or any residential premises. In addition, no exterior lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public streets. The light level may not be greater than one-half footcandle at a residential property line and 1 footcandle at any non-residential property line or public right-of-way line. (2) Specifically, the following types of light trespass are prohibited: (i) any light not designed for roadway illumination that produces direct or reflected glare that could disturb the operator of a motor vehicle; (ii) any light that may be confused with, or construed as, a traffic control device, except as authorized by federal, state, or local government. (3) Exterior lighting must be designed as down-lighting. Shielded lighting, unless specifically permitted by subsection (c) of this section, is required. (c) The use of unshielded lighting, including incandescent light bulbs hung or strung on poles, wires, or any other type of support, are prohibited, except on a temporary basis in areas where approved carnivals, fairs, or other similar activities are held and only while those activities are taking place. (d) (1) The maximum height of light poles on private property, as measured from grade at the base to the bottom of the luminaire, is as specified below. These standards do not apply to public right-of-way lighting. Permitted light pole heights are as follows. (2) For non-residential uses: (i) Lights poles and building-mounted fixtures must be designed with fully shielded luminaires. These poles or mounts may not exceed 25 feet in height. (ii) Light poles for outdoor recreational facilities may not exceed 35 feet in height. Exterior lighting for outdoor recreation areas is subject to design review. Light poles for outdoor recreational facilities that exceed 35 feet in height are conditional uses. (3) For residential uses: (i) Light poles for single-family detached and semi-detached dwellings and rowhouse dwellings may not exceed 6 feet in height. (ii) Light poles for multi-family uses may not exceed 12 feet in height. (iii) Under-soffit lighting mounted on a residential dwelling may not be mounted higher than 15 feet above the finished floor height of the ground floor. *History: Ord. 16-581* ##### § 15-506 Greenhouses and hoop-houses. Balt., Md., Code art. 32, § 15-506 (2026) Any lighting used to illuminate a greenhouse must be directed and shielded so as to minimize illumination of any adjacent lots. All exterior lighting must comply with the requirements of § 15-505 {“Exterior Lighting”} of this subtitle. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-507 Home occupation. Balt., Md., Code art. 32, § 15-507 (2026) (a) The home occupation must be conducted entirely within the dwelling and must be clearly incidental and secondary to the use of the dwelling for residential purposes. (b) A home occupation may not be established before the members of the family conducting the home occupation take possession of and reside in the dwelling. (c) No more than 1 individual other than a family member residing on the premises may be employed as part of a home occupation. (d) The use may not create additional pedestrian, automobile, or truck traffic in excess of the normal amount typical for the area. Client or customer visits to the site are limited to no more than 3 a day and 10 a week. No more than 1 truck or van, whose capacity may not exceed 1 ton, may be used in any manner with the home occupation. Vehicles may not contain advertising for the home occupation. (e) The receipt, sale, or shipment of deliveries is not permitted on or from the premises, with the exception of regular U.S. Mail or a shipping service that is characteristic of service to residential neighborhoods. (f) A home occupation may not generate noise, solid waste, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in a residential use. No outside storage or display of materials, merchandise, inventory, or heavy equipment is permitted. (g) No exterior alteration that changes the residential character of the principal building is permitted. (h) (i) Any type of motor vehicle repair or service is a prohibited home occupation. (j) Day-care homes are not considered a home occupation. *History: Ord. 16-581* *History: Ord. 18-216* ##### § 15-508 Mechanical equipment. Balt., Md., Code art. 32, § 15-508 (2026) (a) In all districts, all ground-based mechanical equipment, including heating, ventilating, and air-conditioning units and back-up generators, may be located in any yard. However, if the equipment is in an interior-side yard, it must be at least 3 feet from the side lot line. (b) If ground-based mechanical equipment is located in a non-residential district adjoining a Residential, Office-Residential, or Industrial Mixed-Use District, the equipment must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (c) Any mechanical equipment located on the roof of any structure in any zoning district must be located to allow safe access to the roof. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-509 Outdoor sales and displays by retail goods establishments. Balt., Md., Code art. 32, § 15-509 (2026) (a) Subject to the conditions of this section, a retail goods establishment is allowed, as an accessory use, to display and sell its merchandise outdoors. (b) The outdoor sales or display of the following merchandise is prohibited: tires, mattresses, furniture, appliances, and dirt bikes. (c) No sales or display area is permitted in any public right-of-way unless a minor privilege permit is obtained. (d) Outdoor storage of goods not offered for sale is prohibited, as provided in § 15-510 {“Outdoor storage”} of this subtitle. (e) A portion of the establishment’s parking area that is in excess of and not needed to meet the establishment’s off-street parking requirements may be used for outdoor sales and display on a temporary basis only, in terms of both display structure and goods displayed or sold (no permanent display structures permitted in parking areas). However, no more than 10% of the portion that exceeds and is not needed to meet parking requirements may be used for the temporary outdoor sales and display. (f) If the rear or interior-side yard of an outdoor sales and display area abuts a Residential District, the area must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (g) If an outdoor sales and display lot of a motor vehicle or recreational vehicle dealership or rental establishment abuts a public right-of-way, other than an alley, the lot must be screened in accordance with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-510 Outdoor storage. Balt., Md., Code art. 32, § 15-510 (2026) (a) (1) The following uses are allowed as accessory outdoor storage: (i) greenhouses and nurseries, including the growing of plants in the open; (ii) industrial uses within the OIC, C-4, I-1, I-2, and MI Districts; (iii) mini-warehouses in the C-4, IMU-1 and -2, and I-1 Districts; (iv) motor vehicle dealerships or rental establishments (prohibited when establishment is required to be fully enclosed); (v) motor vehicle operations facilities; (vi) motor vehicle service and repair – storage of vehicles under repair only (prohibited when establishment is required to be fully enclosed); and (vii) outdoor storage yards and contractor storage yards. (2) Additional accessory outdoor storage may be approved by as a conditional use. (b) Permitted outdoor storage uses must comply with the following provisions: (1) no required parking area may be used as outdoor storage; (2) all outdoor storage must meet minimum yard requirements; (3) all materials stored must be related to the business conducted on the property; and (4) except in the I-2 and MI Districts, where no screening is required, all outdoor storage must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 19-244* ##### § 15-511 Parking garages (residential). Balt., Md., Code art. 32, § 15-511 (2026) (a) The following design standards apply to all residential parking garages. Attached garages are not considered an accessory structure but are subject to the design standards and regulations of this section for attached garages. (b) (1) Front-loaded attached garages are discouraged. New front-loaded attached garages are prohibited where rear or side access to the lot is available, and restricted to areas in which the City’s curb cut policy would allow for a curb cut to access the garage. Rear-loaded and side-loaded attached garages are preferred. (2) Front-loaded attached garages may not occupy more than 50% of the width of the front facade of the dwelling, as measured along the building line that faces the street. (3) Front-loaded attached garages must be located at least 5 feet behind the main front facade of the dwelling. This measurement must be taken from the part of the front facade that adjoins the garage, except that the measurement may be taken from the part of the house closest to the street if all of the following conditions are met: (i) the front facade of the house is irregular, i.e., the front foundation is not a straight line; (ii) the portion closest to the street is actual living space; and (iii) the measurement is not taken from a porch, bay window, turret, or similar architectural feature that protrudes from the facade. (4) Windows, doors, and roof treatments of that part of a front-loaded attached garage facing the street must incorporate architectural detail expressive of a residence. (5) Upper level dormers and pitched roof elements must be used to de-emphasize a front-loaded attached garage. Garage openings, windows, columns, trims, decorative paneling, and color must de-emphasize the visual impact of the garage in relation to the building as a whole. (c) (1) Detached garages are permitted in the rear yard and must be accessed from the rear of the lot if rear access is available. Detached garages accessed from the front of the lot are restricted to areas in which the City’s curb cut policy would allow for a curb cut to access the garage. (2) On lots of 7,300 square feet or less in area, detached garages may not exceed 660 square feet in area. (d) No residential garage may be used for commercial body repair, painting, or engine rebuilding. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-512 Porches. Balt., Md., Code art. 32, § 15-512 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) (i) “Enclosed porch” means a porch that is enclosed by walls, screens, or other material on 2 or more sides. (ii) “Enclosed porch” includes a screened-in porch. (3) “Unenclosed porch” means a porch that is open on 2 or more sides, even if the porch has a railing along the sides. (b) Unenclosed porches may encroach 8 feet into any required front or corner-side yard. Unenclosed porches in the interior-side yard must be located at least 4 feet from the interior-side lot line. Enclosed porches must meet all minimum yard requirements. (c) Front porches must remain open. Original porches must be retained and may not be filled in with opaque materials. (d) For infill construction of 1 or 2 rowhouse units within a coordinated group of existing rowhouses, the following standards must be met: (1) porch posts and railings must be compatible with the other houses in the row; (2) steps must be oriented in the same manner as other houses in the row; and (3) replacement steps must match the material of the steps original to the neighborhood. (e) When replacing porch elements, the original elements of the row must be matched as closely as possible. T-1-11 paneling, plywood, vinyl and aluminum siding, and cinderblock are prohibited. Columns and railings are prohibited when not part of the original elements of the row. (f) Foundations of ashlar stone must be repaired and repointed with matching mortar and mortar joints. *History: Ord. 16-581* ##### § 15-513 Public park accessory uses. Balt., Md., Code art. 32, § 15-513 (2026) The following accessory uses are permitted within a publicly-owned park: (1) concession services, as follows: (i) sales of food and sundries; and (ii) rental of recreational equipment; (2) grandstands as part of athletic fields, which grandstands must be located at least 200 feet from the nearest lot line in a residential or office-residential district; (3) information kiosks; (4) picnic shelters and gazebos; (5) public restrooms; and (6) mobile storage structures. *History: Ord. 16-581* ##### § 15-514 Recycling collection stations. Balt., Md., Code art. 32, § 15-514 (2026) (a) (1) “Recycling collection station” means a receptacle, usually a trailer or roll-off, that is located on a hard surface and used for collecting recyclable materials, including paper (corrugated boxes, high grade paper, newspapers, and the like), cans (aluminum, tin, or bi-metal), aluminum scrap, non-ferrous metal (copper, brass, zinc, lead, or tin), glass bottles, and plastics. (2) “Recycling collection station” includes receptacles for the collection of leaf and yard waste. (b) Recycling collection stations are conditional uses, subject to the following standards: (1) No mechanical processing or shredding is allowed on-site. (2) In approving a recycling collection station, the Board of Municipal and Zoning Appeals must consider: (i) the size of the transfer trailer or roll-off and its location on the site; (ii) availability of off-street parking and the impact on any existing parking lot; (iii) whether an attendant is to be provided or required and the hours of operation, which must be clearly posted on the trailer or roll-off; (iv) impact on adjacent residences or businesses; (v) whether other recycling collection stations are in the immediate neighborhood; (vi) whether landscaping or screening is needed and what is to be provided; and (vii) compliance with all applicable building, housing, and health code standards. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-515 Refuse disposal containers and refuse storage areas. Balt., Md., Code art. 32, § 15-515 (2026) (a) Refuse disposal containers and refuse storage areas must be located to the rear or side of structures. (b) Refuse disposal containers and refuse storage areas may store recycling bins. (c) (1) All refuse disposal containers must be fully enclosed on 3 sides by a 6-feet high or higher: (i) solid wood or simulated wood screen fence; (ii) opaque masonry wall (stone, stucco, or brick); or (iii) principal structure wall. (2) The materials used for the enclosure must complement the architecture of the principal structure. (3) The enclosure must be gated. (d) An extension of an exterior principal structure wall may be used as one of the 3 walls for enclosing a refuse disposal container as long as the extension meets the minimum 6-feet high requirement and is of the same building materials as the principal structure. (e) (1) This section does not apply to a refuse disposal container used as part of on-site construction as long as: (i) the container is maintained on the construction site; or (ii) a minor privilege permit is obtained to allow the container on the public right-of-way. (2) The container must be removed once construction is complete. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-516 Satellite dish antennas. Balt., Md., Code art. 32, § 15-516 (2026) (a) (1) Satellite dish antennas must be permanently installed on a building, in the ground or on a foundation, and may not be mounted on a portable or movable structure. (2) Subject to operational requirements, the dish must be of a neutral color, such as white or grey, to blend with the surroundings as best as possible. No signs are permitted on the satellite dish. (3) Compliance with all federal, state and local regulations is required in the construction, installation, and operation of satellite dish antennas. (4) All exposed surfaces of the antenna must be kept clean and all supports must be painted to maintain a well-kept appearance. Antennas no longer in use must be removed. (b) (1) Satellite dish antennas that are1 meter or less in diameter (“small dish antennas”) are subject to the general requirements of subsection (a) of this section. (2) Satellite dishes are not permitted on any facade that adjoins a street unless a report is submitted to verify that this facade is the only location that receives an adequate signal. (c) (1) Satellite dish antennas that are more than 1 meter in diameter (“large dish antennas”) are subject to the general requirements of subsection (a) of this section. (2) (i) In residential districts, a large dish antennas is allowed only in the rear yard, and must be set back from all lot lines a distance that is at least equal to the height of the dish, but in no case less than 5 feet. Roof-mounting is prohibited. (ii) The overall height of a large dish antenna cannot exceed 12 feet. (iii) A large dish antenna must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. (3) (i) In non-residential districts, a large dish antenna is allowed only in the rear or interior-side yard and must be set back from all lot lines a distance that is at least equal to the height of the dish, but in no case less than 5 feet. (ii) Roof-mounting is allowed in non-residential districts only if the large dish antenna is in scale with the overall building mass and location and is screened by an architectural feature. The visible portion of the dish may not exceed 25% of the corresponding height or width of the screen. (iii) A large dish antenna must be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* ##### § 15-517 Alternative energy systems: Solar. Balt., Md., Code art. 32, § 15-517 (2026) (a) Building permit applications for solar alternative energy systems must be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to all electrical codes. (b) (1) Solar alternative energy systems must be installed to rise no more than 42 inches from a roof surface. (2) A roof-mounted solar alternative energy system is considered a permitted height exception and is not subject to the building height limitations of the district. (3) In the case of a flat roof, solar alternative energy systems must be setback 3 feet from the front facade. (c) (1) A ground-mounted solar alternative energy system is permitted in all yards and must be at least 3 feet from any lot line. (2) Ground-mounted solar alternative systems are subject to the following height limitations: (i) for a commercial alternative energy system, the system may not exceed 15 feet in height; and (ii) for a community-based or private alternative energy system: (A) a system located in a side or rear yard may not exceed 10 feet in height; and (B) a system located in a front yard may not exceed 30 inches in height. (d) All ground-mounted systems must: (1) be screened from public view in accordance with the requirements of the Baltimore City Landscape Manual; and (2) display warning signs indicating voltage and dangers. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 15-518 Alternative energy systems: Wind. Balt., Md., Code art. 32, § 15-518 (2026) (a) Building permit applications for wind energy systems must be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of the installation conforms to all electrical codes. (b) (1) The maximum height of any ground-mounted wind energy system is 65 feet or 20 feet above the tree line, whichever is greater. (2) The maximum height of any roof-mounted wind alternative energy system mounted on a detached accessory structure is 15 feet above the maximum permitted height for that structure. (3) The maximum height of any roof-mounted wind energy system mounted on a principal structure is 10 feet above the maximum permitted height for that structure. However, this limitation does not apply to principal structures over 175 feet in height, in which case there is no limit on the height of a roof-mounted wind alternative energy system. (4) For purposes of this section, maximum height is the total height of the turbine system, including the tower and, if designed with turbine blades, the maximum vertical height of the turbines blades. Maximum height is therefore calculated by measuring the length of a prop at maximum vertical rotation to the base of the tower. The maximum height of any ground-mounted wind energy system is measured from the length of a prop at maximum vertical rotation to grade. (5) If turbine blades are part of the system, no portion of the turbine blades may be within 20 feet of the ground. (c) (1) Ground-mounted wind alternative energy systems may be located in the rear yard only. (2) No part of the wind system structure, including guy wire anchors, may extend closer than 10 feet to any lot line. The system tower must be setback from all lot lines equal to the height of the system. (d) All wind alternative energy systems must be equipped with manual (electronic or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the wind alternative energy system. (e) (1) Except as provided in this subsection, wind alternative energy systems may not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling. (2) This level, however, may be exceeded during short-term events, such as utility outages or severe windstorms. (f) (1) Wind turbines must be certified by a small-wind certification program recognized by the American Wind Energy Association or the U.S. Department of Energy. (2) Alternatively, for a non-certified wind turbine, the applicant must submit to the Building Official a description of the safety features of the turbine prepared by a registered mechanical engineer. (g) Wind alternative energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. (h) No wind alternative energy system may be installed until evidence has been submitted to the Building Official that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 6 – Permitted Encroachments ##### § 15-601 Permitted projections and obstructions into required yards. Balt., Md., Code art. 32, § 15-601 (2026) Except for the projections and obstructions specified in Table 15-601: Permitted Encroachments into Required Yards, every part of a required yard or of any other required open space must be open and unobstructed from the ground to the sky. *History: Ord. 16-581* #### Subtitle 7 – Performance Standards ##### § 15-701 Purpose. Balt., Md., Code art. 32, § 15-701 (2026) The performance standards in this subtitle are designed to promote and protect commercial districts, business areas, and the IMU-1 and -2 and I-1 Districts, as light industrial areas, thereby promoting and maintaining the most appropriate and beneficial use of these areas. The application of these standards protect business and residential areas in or adjacent to a commercial district or an IMU-1 or -2 or I-1 District from adverse effects that might otherwise result from the operation of the uses allowed in those districts. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 19-244* ##### § 15-702 Applicability of standards. Balt., Md., Code art. 32, § 15-702 (2026) (a) Except as specified in subsection (b) of this section, the performance standards in this subtitle apply to: (1) all uses in an IMU-1 and -2 and an I-1 District; and (2) all activities in a commercial district that involve the production, processing, cleaning, servicing, testing, or repair of materials, goods, or products. (b) Uses lawfully established before these performance standards were enacted or extended to apply to the district in which they are located need not comply with the standards. However, if that use is later expanded, the expansion must comply with all applicable performance standards. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 19-244* ##### § 15-703 Environmental performance standards. Balt., Md., Code art. 32, § 15-703 (2026) (a) All uses in the commercial districts and the IMU-1 and -2 and I-1 Districts must be operated so as to comply with the performance standards described in this section. In addition to these performance standards, all uses must be constructed, maintained, and operated so as not to be injurious to the use and occupation of the adjacent premises by reason of the emission or creation of noise, vibration, radiation, fire, explosive hazard, or glare. Nothing in this section may be construed to alter, change, modify, or abrogate any authority granted exclusively to any state or federal regulations. (b) No activity or use may be conducted in a manner that generates a level of sound as measured on another property greater than that allowed by federal, state, or local regulations. These limits do not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, or transient noises from moving sources, such as motor vehicles, railroads, or aircraft. (c) Any activity or the operation of any use that produces glare or heat must be conducted so that no glare or heat from the activity or operation is detectable at any point off the lot on which the use is located. Flickering or intense sources of light must be controlled or shielded so as not to cause a nuisance across lot lines. (d) No earthborne vibration from the operation of any use may be detectable at any point off the lot on which the use is located. (e) Dust and other types of air pollution, borne by the wind from sources such as storage areas, yards, roads, conveying equipment, and the like on the lot, must be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means. (f) The discharge or disposal of radioactive or hazardous waste materials must comply with all applicable federal, state, and local laws, rules, and regulations that govern those materials or waste, generally. Radioactive and hazardous waste materials must be transported, stored, and used in conformance with all applicable federal, state, and local laws, rules, and regulations. (g) Any condition or operation that results in the creation of odors of an intensity and character as to be detrimental to the health and welfare of the public or that interferes unreasonably with the comfort of the public, must be removed, stopped, or modified so as to remove the odor. (h) The storage, handling, or transport of toxic substances must comply with federal, state, and local laws, rules, and regulations. (i) Materials that present potential fire or explosion hazards must be transported, stored, and used only in conformance with all applicable federal, state, and local regulations. *History: Ord. 16-581* *History: Ord. 19-244* ### Title 16 – Off-Street Parking and Loading #### Subtitle 1 – Purpose of Title ##### § 16-101 Purpose. Balt., Md., Code art. 32, § 16-101 (2026) The off-street parking and loading regulations of this title are intended to: (1) provide accessible, attractive, secure, and well-maintained off-street parking and loading areas; and (2) increase public safety by reducing congestion of public streets; (3) encourage the use of alternative modes of transportation where appropriate; and (4) ensure that parking requirements are tailored to maintain pedestrian environments and sensitive to the urban fabric of the City. *History: Ord. 16-581* *History: * *History: * #### Subtitle 2 – General Applicability ##### § 16-201 Prohibited uses of off-street parking and loading spaces. Balt., Md., Code art. 32, § 16-201 (2026) (a) All off-street parking spaces may only be used for the parking of motor vehicles and bicycles. (b) No motor vehicle repair work or service of any kind, except emergency repair service, is permitted in any off-street parking space. *History: Ord. 16-581* *History: Ord. 17-015* *History: * *History: * *History: * *History: * *History: * *History: * *History: * ##### § 16-202 Computation of bicycle parking and loading facilities. Balt., Md., Code art. 32, § 16-202 (2026) (a) The total number of required loading and bicycle spaces is based on the requirements for the use of the lot. However, if a lot contains more than 1 use, the number of required spaces is the sum of the separate requirements for each use. All required facilities must be completed before occupancy of the structure. (b) (1) In computing the number of loading or bicycle spaces required by this title, the following standards of computation apply. (2) A fraction of less than one-half may be disregarded, and a fraction of one-half or more is counted as 1 loading space. (3) In places of assembly in which patrons or spectators occupy benches, pews or similar seating facilities, each 24 inches of the seating facility is counted as 1 seat for the purpose of determining the requirement for off-street loading and bicycle spaces. Floor area of a prayer hall is counted as one 1 seat per marked prayer mat space or, if prayer mat spaces are not marked, 1 seat for every 5 square feet in the prayer hall. (4) Except as otherwise specified, loading or bicycle spaces required on an employee basis is based on the maximum number of employees normally present on the premises at any one time. If the determination of the number of parking spaces is based on the number of employees, the owner and the manager are each counted as an employee. *History: Ord. 16-581* *History: * *History: * *History: * *History: * *History: * *History: * ##### § 16-203 Accessible parking requirements. Balt., Md., Code art. 32, § 16-203 (2026) With the exception of single-family, detached and semi-detached, dwellings and rowhouse dwellings, in all off-street parking facilities where parking is provided for employees, visitors, or both, accessible parking spaces must be provided. The accessible parking spaces shall be in accordance with the applicable requirements of the Maryland Accessibility Code, as set forth in COMAR 09.12.53, and all other governing codes and applicable laws. These spaces must comply with the design standards in the Maryland Accessibility Code. These spaces must be identified by a sign and pavement markings indicating parking for the disabled only. *History: Ord. 16-581* *History: Ord. 17-015* *History: * *History: * *History: * *History: * *History: * *History: * *History: * ##### § 16-204 Parking maximums. Balt., Md., Code art. 32, § 16-204 (2026) (a) In no case may off-street parking be provided in excess of the limits set in Table 16-204 of this Code, except: (1) detached and semi-detached dwelling to which no maximum applies; and (2) a structure or land that has changed to a new use, if: (i) prior to the change in use, the structure or land had existing off-street parking spaces that would exceed the maximum set for the property’s new use; and (ii) no further off-street parking is added following the change in use. (b) Nothing in this Title prevents the voluntary establishment of additional off-street parking or loading facilities. All regulations governing the location, design, and control of these facilities shall be in accordance with this title. *History: Ord. 16-581* *History: * *History: * *History: * *History: * *History: * *History: * #### Subtitle 3 – Construction of Facilities ##### § 16-301 Site plan review requirements. Balt., Md., Code art. 32, § 16-301 (2026) (a) Site plan review is required before any construction or alteration of or addition to any off-street parking facility of 5 or more parking spaces or the construction of a new loading berth. (b) (1) For purposes of this section, construction, alteration, or addition includes all paving of previously unpaved surfaces, replacement of pavement with new binder and surface courses, construction of curbing, installation of new parking lot landscaping, and similar activities. (2) Construction, alteration, or addition does not include maintenance activities such as replacement of existing landscaping, repair of existing curbing, repairs, sealing, re-striping (with no design or layout changes), or placement of surface course pavement over previously paved areas. *History: Ord. 16-581* *History: Ord. 22-181* *History: * ##### § 16-302 Time of completion. Balt., Md., Code art. 32, § 16-302 (2026) Bicycle parking and loading facilities required by this title shall be completed before issuance of a use permit for the use these facilities serve. *History: Ord. 16-581* *History: * *History: * #### Subtitle 4 – Design of Off-Street Parking Facilities ##### § 16-401 Location of off-street parking. Balt., Md., Code art. 32, § 16-401 (2026) (a) Unless otherwise permitted by this title, all off-street parking facilities must be located on the same lot as the use or structure served. (b) (1) In all detached and semi-detached zoning districts identified in § 6-203 {“Detached and Semi-detached Residential Districts”} and in the R-5, R-6, R-7, and R-8 zoning districts, off-street parking is prohibited in the required front or corner yard and forward of the front building line. (2) In the C-1, C-1-E, C-1-VC, and C-2 Districts, off-street parking is prohibited in front of the front building line. (c) (1) Off-street parking facilities may be located off-site if: (i) the parking facilities are located in a zoning district where this parking is permitted or allowed as a conditional use; (ii) the land on which the off-site parking facilities are located is within 600 feet of the lot line of the use or structure served; and (iii) the off-site parking facilities are on a lot possessed by the record titleholder of the lot occupied by the structure or use to be served by the parking facilities. (2) For the purposes of this subsection, possession of the facilities may be by either: (i) deed; or (ii) 20-year or longer recorded deed restriction. (3) The location of the off-site parking facilities and the term and contents of the deed or deed restriction permitting the owner of the use or structure served to use the off-site facilities are subject to the approval of the Zoning Administrator. The deed or deed restriction must be recorded in the Land Records of Baltimore City, binding the owner of that lot and the owner’s heirs and assigns to maintain the required number of parking spaces for the duration of the use served or the term of the deed or deed restriction, whichever first terminates. (d) Notwithstanding the restrictions of subsections (a), (b), and (c) of this section, a use may utilize a valet service in accordance with City Code Article 31, Subtitle 14 {“Valet Parking”}. However, the off-site parking facility must provide the required number of spaces. The use must certify that valet service will be used and that the required number of spaces has been provided. *History: Ord. 16-581* *History: Ord. 17-015* *History: * *History: * ##### § 16-402 Minimum dimensions of off-street parking spaces. Balt., Md., Code art. 32, § 16-402 (2026) Off-street parking spaces must either be designed: (1) in accordance with Table 16-402: Off-Street Parking Dimensions; or (2) as reviewed by the Site Plan Review Committee and approved by the Director of Planning. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: Ord. 22-181* *History: * ##### § 16-403 Access. Balt., Md., Code art. 32, § 16-403 (2026) (a) (1) Each off-street space must open directly onto an aisle or driveway wide enough to provide adequate means of vehicular access to the parking space. (2) All off-street parking facilities must provide appropriate means of vehicular access in a manner that least interferes with traffic movement and in a way that permits vehicles to enter or leave the parking spaces without having to move any other vehicle. (b) All off-street parking facilities must have vehicular access from a street, an alley at least 10 feet wide, a driveway, or cross-access easement connection. (c) In the residential and commercial districts, if off-street parking areas can be accessed from an alley at least 15 feet wide, access from the alley is required and new curb cuts along the public right-of-way are prohibited. (d) Within off-street parking facilities, one-way traffic aisles must either be designed: (1) in accordance with Table 16-402{: Off-Street Parking Dimensions}; or (2) as reviewed by the Site Plan Review Committee and approved by the Director of Planning. *History: Ord. 16-581* *History: Ord. 22-181* *History: * *History: * ##### § 16-404 Driveways. Balt., Md., Code art. 32, § 16-404 (2026) (a) The design of every driveway with access onto a City-owned roadway must conform to the City Department of Transportation’s Book of Standards. (b) (1) Driveways must be located at least 1 foot from the side lot line. (2) However, a residential driveway may be located on the lot line if it physically abuts a driveway on the adjoining lot. This location will only be allowed if agreed to by the owners of each lot and that agreement is recorded as a shared driveway easement on each survey plat. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: * *History: * ##### § 16-405 Curb cuts. Balt., Md., Code art. 32, § 16-405 (2026) (a) (1) Curb cuts for driveways require a curb-cut permit from the Department of Transportation, subject to review by the Department of Planning. (2) No person may construct, widen, remove, or alter any driveway or curb cut without a permit issued by the Department of Transportation. (b) (1) For residential-, commercial-, and industrial-zoned properties, curb cuts will be considered for the following situations: (i) for access to parking garages (principal use); (ii) for access to parking lots with more than 5 parking spaces; (iii) for dwelling units without rear or side access, where no on-street parking is allowed along the front lot line; (iv) for dwelling units that are capable of securing side street access to a garage or parking space; and (v) in cases where the proposed private parking will provide a net gain over the displaced amount of on-street parking. (2) Existing curb cuts or abandoned curb cuts do not guarantee approval for reuse unless there is an existing permit. In addition, existing curb cuts lawfully established in the immediate vicinity do not guarantee approval of any given request. (3) The City reserves the right to deny a curb cut request regardless of the availability or unavailability of side and rear access. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 16-406 Drive-through facility stacking spaces. Balt., Md., Code art. 32, § 16-406 (2026) (a) Every drive-through facility shall provide at least 4 stacking spaces per bay or lane, unless otherwise required by this Code. (b) Stacking spaces provided for drive-through uses must: (1) be at least 9 feet wide, as measured from the outermost point of any service window to the edge of the drive aisle, and at least 18 feet long; (2) be placed in a single line behind the drive-through facility; (3) be located so that, when in use, they do not obstruct ingress or egress to the site and do not obstruct access to required parking or loading spaces; (4) begin behind the vehicle parked at a last point of service, such as a window or car wash bay; and (5) comply with any additional standards in § 14-311 {“Drive-through facilities”}. *History: Ord. 16-581* *History: * *History: * ##### § 16-407 Surfacing. Balt., Md., Code art. 32, § 16-407 (2026) (a) Unless otherwise permitted by this title or in subsections (b) or (c) of this section, parking spaces must be surfaced and maintained with a dustless all-weather material in accordance with the Baltimore City Building Code. (b) For single-family detached and semi-detached dwellings, a parking space may consist of 2 parallel paved parking strips, each of which is at least 18 inches wide and at least 18 feet long. (c) For single-family detached, semi-detached, and rowhouse dwellings, driveways may be constructed of semi-pervious materials, such as grass-crete, pervious pavers, and gravel. *History: Ord. 16-581* *History: Ord. 18-171* *History: * ##### § 16-408 Pavement markings. Balt., Md., Code art. 32, § 16-408 (2026) (a) Off-street parking areas of 5 or more spaces must delineate the parking spaces with paint or other permanent materials, which must be maintained in clearly visible condition. (b) Accessible parking spaces must be identified with the appropriate sign and must be visible at all times of the year. *History: Ord. 16-581* *History: * ##### § 16-409 Curbing and wheel stops. Balt., Md., Code art. 32, § 16-409 (2026) Wheel stops or curbing must be provided to prevent vehicles from damaging or encroaching on an adjacent parking or loading space, sidewalk, landscaped area, or parking lot island, fence, wall, or building. Curbing must be at least 6 inches in height, in accordance with Building Code § 3116.5 {“Curbs or bumpers”}. *History: Ord. 16-581* *History: Ord. 20-361* *History: * ##### § 16-410 Lighting. Balt., Md., Code art. 32, § 16-410 (2026) Parking lot lighting must comply with § 15-505 {“Exterior lighting”} of this Code. Illumination of an off-street parking area must be arranged so as to deflect light away from adjacent properties and streets. *History: Ord. 16-581* *History: * #### Subtitle 5 – Permitted Parking Alternatives ##### § 16-501 Cross-access easements. Balt., Md., Code art. 32, § 16-501 (2026) (a) Adjacent commercial uses that possess dedicated parking areas are encouraged to provide a cross-access drive to allow circulation between sites. For new commercial and office uses, a system of joint-use driveways and cross-access easements is encouraged where feasible. Commercial property owners are encouraged to pursue cross-access with neighboring property owners when site plan review is requested. If cross-access will be provided, the Zoning Administrator may require that the property owner provide proof that adjacent property owners have been contacted in writing regarding the provision of cross-access. (b) Joint-use driveways and cross-access easements shall incorporate the following: (1) a minimum width of 24 feet to ensure 2-way travel aisles to accommodate automobiles, service vehicles and loading vehicles; (2) bump-outs and other design features to make it visually obvious that the abutting properties are tied together; and (3) a unified access and circulation plan for coordinated or shared-parking areas. (c) Property owners who establish cross-access easements under this section shall: (1) record an easement that allows cross-access to and from properties served by the joint-use driveways and cross-access easement; (2) record an easement to the effect that remaining access rights along the roadway will be dedicated to the City, and that any pre-existing driveways will be closed and eliminated after construction of the joint-use driveway; and (3) record a joint maintenance agreement that defines the maintenance responsibilities of each property owner. *History: Ord. 16-581* *History: * *History: * *History: * *History: * *History: * *History: * #### Subtitle 7 – Required Bicycle Parking ##### § 16-701 Design standards for all bicycle parking. Balt., Md., Code art. 32, § 16-701 (2026) (a) (1) Except as provided in paragraph (2) of this subsection, required bicycle spaces must be at least 2 feet wide by 6 feet long, with a minimum overhead vertical clearance of 7 feet 6 inches. (2) Approved bike lockers and other enclosures may be shorter than the dimensions described in paragraph (1) of this subsection. (b) All bicycle parking spaces required by this title must be used solely for the parking of bicycles. (c) If required bicycle parking facilities are not visible from the street, signs must be posted to indicate their location. These signs must comply with Title 17 {“Signs”} of this Code. (d) Areas used for required bicycle parking must be paved and drained to be reasonably free of mud, dust, and standing water, and must be well-lighted. (e) Bicycle parking must be designed so that bicycles may be securely locked without undue inconvenience and will be reasonably safeguarded from intentional or accidental damage. (f) Bicycle parking must be provided at ground level unless an elevator is easily accessible to an approved bicycle storage area. (g) Bicycle parking must be positioned so as to minimize interference with pedestrian movements. (h) If required bicycle parking is provided in lockers, the lockers must be: (1) lockable;. (2) capable of fully enclosing the bicycle; (3) securely anchored; (4) constructed from a strong, weather-resistant, and low- to no-maintenance material; (5) clearly labeled as bicycle parking; (6) constructed with doors that open at least 90 degrees to allow easy loading and unloading; (7) posted with information about how to use bicycle lockers (user-provided locks, leasing, sign-up system, smart cards, etc.) on or near the lockers; and (8) if the lockers are stacked on top of each other, equipped with a wheel guide tray or other mechanism to assist the user with lifting the bicycle. (i) (1) Required bicycle parking may be provided in floor racks. (2) Wall and ceiling rack designs are subject to the approval of the Director of Planning as part of site plan review as follows: (i) in no case of new construction of a building may more than 50% of the required bicycle parking spaces be provided as wall or ceiling racks; and (ii) in no case of building rehabilitation or adaptive reuse of a building may more than 75% of the required bicycle parking spaces be provided as wall or ceiling racks. (3) If required bicycle parking is provided in racks, the racks must meet the following standards: (i) the bicycle frame and 1 wheel must be lockable to the rack with a high security, U-shaped shackle lock if both wheels are left on the bicycle; (ii) a bicycle 6-feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the bicycle in any way; (iii) the racks must support a bicycle in at least 2 places, preventing it from falling over; and (iv) the racks must be solidly constructed, resistant to rust and corrosion, d resistant to hammers and saws, and anchored so that they cannot be easily removed. (j) Bicycle parking and maneuvering areas for bicycling parking must meet the following standards: (1) each required bicycle parking space must be accessible without moving another bicycle; (2) there must be an aisle at least 5 feet wide behind all required bicycle parking to allow room for bicycle maneuvering; and (3) if the parking area adjoins a sidewalk, the maneuvering area may extend into the right-of-way. (k) (1) Covered bicycle parking may be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. (2) If required bicycle parking is to be covered and is not within a building or locker, the cover must be: (i) permanent; (ii) designed to protect the bicycle from rainfall; and (iii) at least 7 feet and 6 inches above the floor or ground. (l) All required bicycle parking spaces must be made available to the public as follows: (1) required short-term bicycle parking spaces must be available for shoppers, customers, messengers, and other visitors to the site; (2) required long-term bicycle parking spaces must be available for employees, students, residents, commuters, and others who remain at the site for several hours. (m) Bicycle parking spaces must be designed in accordance with Table 16-701: Bicycle Parking Dimensions. (n) Alternate designs for bicycle parking may be approved by the Director of Planning as part of site plan review. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-216* *History: Ord. 22-181* *History: * ##### § 16-702 Location. Balt., Md., Code art. 32, § 16-702 (2026) (a) (1) All required bicycle spaces must be located on the same lot as the use served. (2) However, required bicycle spaces may be constructed in the public right-of-way, subject to obtaining a minor privilege permit. (b) (1) Required long-term bicycle parking for residents of dwellings, dormitories, fraternities, or sororities must be provided in garages, storage rooms and other resident-accessible, indoor, secure areas. (2) Space within dwelling units or on balconies may not be counted toward satisfying bicycle parking requirements. *History: Ord. 16-581* *History: * ##### § 16-703 Short-term bicycle parking standards. Balt., Md., Code art. 32, § 16-703 (2026) Short-term bicycle parking must be: (1) outside a building; (2) at the same grade as the sidewalk or at a location that can be reached by an accessible route; and (3) within the following distances of the main entrance: (i) for a building with 1 main entrance, the bicycle parking must be within 50 feet of that entrance, as measured along the most direct pedestrian access route; (ii) for a building with more than 1 main entrance, the bicycle parking must be along all facades with a main entrance, and within 50 feet of at least 1 main entrance on each facade that has a main entrance, as measured along the most direct pedestrian access route; (iii) for a site that has more than 1 primary building, but is not an institutional campus, the bicycle parking must be within 50 feet of a main entrance, as measured along the most direct pedestrian access route and distributed to serve all primary buildings; and (iv) on an institutional campus with more than 1 building or main entrance, the bicycle parking must be either: (A) within 50 feet of a main entrance, as measured along the most direct pedestrian access route; and (B) if the short-term bicycle parking is more than 50 feet from a main entrance, it must be in a common bicycle parking location along a pedestrian access route. *History: Ord. 16-581* *History: * ##### § 16-704 Long-term bicycle parking standards. Balt., Md., Code art. 32, § 16-704 (2026) (a) Long-term bicycle parking must be: (1) located: (i) on the site; or (ii) in an area where the closest point is within 300 feet of the site; (2) located either at ground level, on the ground floor of a building, or easily accessible by elevator; (3) covered; (4) in at least 1 of the following locations, to provide security: (i) in a locked room; or (ii) in an area that is enclosed by a fence, either 8 feet high or from floor to ceiling, with a locked gate; and (5) provided as outlined in (4) of this subsection, except in certain conditions of public assembly, such as for stadiums and arenas, the Director of Planning and the Site Plan Review Committee may approve at least 1 of the following in place of those requirements in paragraph (4) of this subsection: (i) within view of an attendant or security guard; (ii) in an area that is monitored by a security camera; and (iii) in an area that is visible from employee work areas. (b) In instances where more than 9 long-term bicycle parking spaces are required, a minimum of 10% of the total spaces must: (1) be dedicated as cargo, family, or adaptive bicycle parking; and (2) adhere to the following additional standards: (i) the spaces must be floor-mounted; (ii) each space must have an electric outlet for bicycle charging; and (iii) each space must have a minimum dimension of 4 feet wide by 9 feet long. *History: Ord. 16-581* *History: Ord. 22-181* *History: * ##### § 16-705 Required number of bicycle spaces. Balt., Md., Code art. 32, § 16-705 (2026) (a) (1) Bicycle parking spaces must be provided as indicated in Table 16-705: Required Bicycle Spaces. (2) No bicycle parking is required for uses not listed in Table 16-705. (3) Structures under 2,500 square feet in gross floor area are exempt from bicycle parking requirements. (b) In all cases where only 1 of either or both a long-term or short-term bicycle parking space would be required by a Table 16-705 calculation, a minimum of 2 long-term or short-term spaces, as the case may be, must be provided. (c) After the first 50 bicycle parking spaces are provided, additional bicycle parking spaces required are at one-half of the space-per-unit listed. (d) If the expected need for bicycle parking for a particular use is uncertain due to unknown or unusual operating characteristics of the use, the Director of Planning may authorize the deferral of up to 50% of the bicycle parking spaces. Land area required for deferred bicycle parking spaces must be maintained in reserve. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* *History: Ord. 22-181* *History: * *History: * #### Subtitle 8 – Additional Vehicle Storage Requirements ##### § 16-801 Commercial vehicles on private property zoned for residential use. Balt., Md., Code art. 32, § 16-801 (2026) (a) The following restrictions apply to the storage or parking of commercial vehicles on private property that is zoned for residential use. (b) Only standard-sized, passenger vehicles including, but not limited to, automobiles, passenger size livery vehicles, vans, sports utility vehicles (SUVs), and pick-up trucks are permitted to be stored or parked outdoors overnight on private property that is zoned for residential use. (c) All other commercial vehicles including, but not limited to, semi-truck tractor units, with or without attached trailers, commercial trailers, buses, limousines (excluding passenger size livery vehicles), tow trucks, or construction vehicles, are prohibited from being stored or parked outside overnight on private property that is zoned for residential use. *History: Ord. 16-581* *History: Ord. 18-171* *History: * ##### § 16-802 Parking or storing of recreational vehicles. Balt., Md., Code art. 32, § 16-802 (2026) (a) The parking or storage of recreational vehicles or similar camping equipment must meet the following conditions. (b) (1) No recreational vehicle or trailer licensed to transport recreational vehicles or equipment may be parked or stored on private property that is zoned for residential use unless it is parked or stored: (i) in a fully enclosed structure, not including a temporary storage tent; or (ii) on a paved surface: (A) in the rear yard of the lot; and (B) at least 3 feet from the side and rear lot lines. (2) This subsection does not apply to recreational vehicles offered for sale in an approved outdoor sales and display area of a recreational vehicle dealership. (c) (1) No recreational vehicle may be used for living, sleeping, or housekeeping purposes. (2) No recreational vehicle may have fixed connections to electricity, water, gas, or sanitary sewer facilities. (d) All recreational vehicles must be maintained in mobile condition. No recreational vehicle may be parked or stored in a manner that creates a dangerous or unsafe condition on the lot where parked or stored. Parking or storage in a way that the recreational vehicle, whether loaded or not, might tip or roll is considered a dangerous and unsafe condition. The recreational vehicle equipment must be kept in good repair and carry a current year’s license and registration. *History: Ord. 16-581* *History: Ord. 18-171* *History: * ##### § 16-803 Storage, etc., of abandoned, etc., vehicles. Balt., Md., Code art. 32, § 16-803 (2026) (a) (1) In this section, the following terms have the meanings indicated. (2) “Derelict vehicle” means a vehicle that exhibits a defect, damage, or deterioration sufficient to preclude proper operation on the highway. (3) “Unlicensed vehicle” means: (i) an unregistered vehicle; or (ii) a vehicle on which current registration tags are not displayed. (b) Outdoor storage or maintenance of abandoned, derelict, or unlicensed vehicles is prohibited in all districts. *History: Ord. 16-581* *History: * #### Subtitle 9 – Off-Street Loading Requirements ##### § 16-901 Design of off-street loading spaces. Balt., Md., Code art. 32, § 16-901 (2026) (a) All off-street loading spaces must be located on the same lot as the building or use served. No off-street loading space may project into a public right-of-way. No off-street loading space may be located in a front yard. (b) (1) All required off-street loading spaces must be at least 12 feet wide and 35 feet long, exclusive of aisle and maneuvering space, and must have a vertical clearance of at least 14 feet. However, a larger loading space may be required through site plan review. (2) All structures that, on June 5, 2017, maintain loading spaces that do not comply with the dimensions required by this section are considered to be legally conforming in terms of loading space dimensions. If new loading spaces are constructed, those spaces must match the dimensions of the existing loading spaces rather than those of this section. (c) All off-street loading spaces must be paved with a durable, all-weather material, such as concrete or asphalt. Semi-pervious materials may also be used, subject to the approval of the Department of Transportation and verification that the materials can support the weight of vehicles and their loads. (d) (1) Off-street loading facilities must be drained to eliminate standing water and prevent damage to adjoining property or public streets. (2) Off-street loading areas must be maintained in a clean, orderly, and dust-free condition. (e) Each off-street loading space must be designed with adequate means of vehicular access to a street that is at least 15 feet wide in a manner that will minimize interference with traffic movement. (f) Loading facility lighting must be in accordance with § 15-505 {“Exterior lighting”} of this Code. Illumination of an off-street loading facility must be arranged so as to deflect the direct rays of light away from adjacent properties and streets. (g) All loading facilities must be landscaped and screened from public view in accordance with the requirements of the Baltimore City Landscape Manual. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 16-902 Required off-street loading spaces. Balt., Md., Code art. 32, § 16-902 (2026) (a) (1) Off-street loading spaces must be provided in accordance with Table 16-902: Off-Street Loading Requirements for a building, structure, or use that requires the receipt or distribution of materials or merchandise by trucks or other vehicles. (2) In the case of multi-tenant buildings or mixed-use developments, required loading spaces are calculated on the basis of each individual tenant. For example, if only 1 commercial tenant of a multi-tenant building is over 10,000 square feet, only one 1 loading space is required; if all tenants are 10,000 square feet or less, no loading is required. (b) In no case is a structure required to provide more than 5 loading spaces. (c) All structures that were constructed before June 5, 2017, without on-site loading spaces are considered to be legally conforming in terms of loading space requirements. No new loading spaces are required to be constructed. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ### Title 17 – Signs #### Subtitle 1 – Purpose of Title; Definitions ##### § 17-101 Purpose. Balt., Md., Code art. 32, § 17-101 (2026) (a) The reasonable and adequate display of signs is allowed under this title. (b) There is a substantial need to regulate the display of signs through the adoption of this title to address the following concerns: (1) the number, size, design characteristics, and locations of signs in the City directly affect the public health, safety, and welfare; and (2) many signs are distracting and dangerous to motorists and pedestrians, are confusing to the public, are poorly located, and substantially detract from the beauty and appearance of the City. (c) The purposes and intent for the enactment of this title are: (1) to protect the health, safety, and general welfare of the people in Baltimore City and to implement the policies and objectives of the City of Baltimore through the enactment of a comprehensive set of regulations governing signs in the City of Baltimore; (2) to regulate the erection and placement of signs within the City of Baltimore in order to provide safe operating conditions for pedestrian and vehicular traffic without unnecessary and unsafe distractions to drivers or pedestrians; (3) to maintain an aesthetically attractive city in which specific types of signs are allowed in zoning districts consistent with the uses, intent, and aesthetic characteristics of those districts; (4) to establish comprehensive sign regulations that balance legitimate business and development needs with a safe and aesthetically attractive environment for residents, workers, and visitors to the City of Baltimore; (5) to provide fair and reasonable opportunities for the identification of businesses located within the City of Baltimore; (6) to provide for the identification of the availability of products, goods or services of businesses located within the City of Baltimore and to promote the economic vitality of these businesses; (7) to ensure the protection of free speech rights under the State and United States Constitutions within the City of Baltimore and in no event place restrictions that apply to any given sign dependent entirely on the communicative content of the sign; (8) to allow signs that are, safe, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this title; and (9) to prohibit all signs not expressly authorized by this title, to provide for the maintenance of signs, and to provide for the enforcement of the provisions of this title. *History: Ord.18-216* ##### § 17-102 Definitions. Balt., Md., Code art. 32, § 17-102 (2026) (a) In this title, the following terms have the meanings indicated. (b) “A-frame sign” means a sign, ordinarily in the shape of the letter “A”, or some variation of it, that is displayed on the ground, not permanently attached, and usually 2-sided. (c) Above ground floor. (1) “Above ground floor” means the occupiable space in a building that is above the ground floor. (2) “Above ground floor” does not include: (i) anything determined to be the ground floor as defined in this section; (ii) any exterior or interior spaces created from or defined by the structural or architectural items described in § 15-301(b) of this article; (iii) interior loft space or mezzanine space within the volume of the ground floor; or (iv) anything otherwise described in this article as not above ground floor. (d) “Attention-getting device” means any pennant, flag, feather flag, festoon, spinner, streamer, searchlight, balloon, inflatable sign, strobe light, or similar device or ornamentation designed for the purpose of attracting attention. (e) “Awning or canopy sign” means a sign that is printed on, or is attached above, on, or under the outer edge of, an awning, canopy or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. (f) (1) “Banner Sign” means a sign that: (i) is printed or displayed on cloth or other flexible material; (ii) is attached to a frame, a pole or other structure on a lot; (iii) is mounted flat against the wall of a structure or projects from a structure; and (iv) is mounted and attached to a structure that is meant to be durable and permanent. (2) (i) A banner sign may be either a freestanding banner sign, a projecting banner sign, or a wall mounted banner sign. (ii) For purposes of this definition: (A) “freestanding banner sign” means any banner sign, including a flag, that is attached by only one side to a pole, frame, or any structure and hanging freely so that it can flutter or move in the wind; (B) “projecting banner sign” means any banner sign that is mounted non-parallel to a building wall or any other surface of a structure and is attached on multiple sides to a rigid frame that is attached to a structure; and (C) “wall mounted banner sign” means a banner sign that is attached to a building wall and projects no more than 8 inches from the wall, with the exposed face of the sign in a plane parallel to the face of the wall. (3) “Banner sign” does not include any provisional fence sign or attention-getting device. (g) See “Awning or canopy sign”. (h) “Changeable copy sign” means a permanent sign that contains a part that allows copy to be changed manually (i) (1) “Electronic sign” means a sign or portion of a sign that uses changing light to form a message or messages in text, digital graphics, or digital animation, where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. (2) (i) “Electronic sign” includes an electronic display screen. (ii) For purposes of this definition, “electronic display screen”: (A) means the portion of an electronic sign that displays digital art or an electronic graphic, image, or video, which may or may not include text; and (B) includes any television screen, plasma screen, digital screen, flat screen, LED screen, video boards holographic display, projected video sign, and exterior wall integrated technology. (j) See “Banner sign”. (k) (1) “Freestanding sign” means a sign that: (i) is made of durable material that is not cloth or other flexible material; and (ii) is placed on or supported by the ground, independent of the principal structure on the lot. (2) “Freestanding sign” does not include a banner sign. (3) (i) A freestanding sign may be either a freestanding monument sign, a freestanding pole sign, or a freestanding pylon sign. (ii) For purposes of this definition: (A) “Freestanding monument sign” means any freestanding sign that is placed directly on the ground or supported by a decorative base, including a post, pole, or other structure, that is an integral part of the sign design. (B) “Freestanding pole sign” means any freestanding sign that is erected and maintained on 1 or more freestanding poles, uprights, or braces directly inserted into the ground and is not attached to any other structure. (C) “Freestanding pylon sign” means any freestanding sign that is supported by a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block, brick, or metal. The ground support does not include any post, pole, or other structure. (l) (1) “Ground floor” means the first level of occupiable space of a building. (2) Exclusions. “Ground floor” does not include: (i) anything determined to be above ground floor, as defined in this section; (ii) basement or sub-basement spaces; or (iii) anything otherwise described in this article as not ground floor. (m) See “Freestanding sign”. (n) (1) “Moving sign” means a sign that, in whole or in part, rotates, elevates, or in any way alters position or geometry. (2) “Moving sign” does not include an analog clock. (o) “Nonconforming sign” means a sign that was lawfully erected and maintained under a previous version of this Code but does not now conform to the requirements of this Code. (p) (1) “Open-structural framework sign” means a sign that is attached to an expressed or projecting structural member of a building below the roofline of any roof surface of any section of the building. (2) The sign: (1) may be attached above, on, or under the structural member; but (2) may not be located on a roof or above the roofline of any roof surface of any section of the building. (q) (1) “Painted/mural sign” means a sign applied directly to the wall of a building or other permanent structure element on a lot through paint, glue, or other medium application without the use of fasteners, frames, or other support structures. (2) For the purposes of this definition: (i) a painted/mural sign lies on the same plane of the structure to which it is applied, unless otherwise specified in this title; and (ii) a structure shall include building walls, roofs, architectural elements, fences, driveways, parking lots, or other paved areas, and structural or architectural items described in § 15-301(b) of this article. (3) A “painted/mural sign” does not include: (i) wall signs; (ii) awning or canopy signs; (iii) projecting signs; (iv) window signs; or (v) roof signs. (r) See “Freestanding sign”. (s) See “Banner sign”. (t) (1) “Portable sign” means a sign whose principal supporting structure is intended, by design and construction, to rest on the ground for support and may be easily moved or relocated. (2) “Portable sign” includes a sign mounted on a trailer, wheeled carrier, or other non-motorized mobile structure, with wheels or with wheels removed. (3) “Portable sign” does not include an A-frame sign, even if the A-frame sign is designed to be easily moved. (u) See “Banner sign”. (v) (1) “Projecting sign” means a sign that: (i) is made of a durable material that is not cloth or other flexible material; (ii) is attached to a building or other structure; and (iii) extends beyond the surface of the building or structure to which it is attached. (2) “Projecting sign” includes: (i) any sign that is non-parallel to the face of the wall of a structure; and (ii) any sign that: (A) is in a plane parallel to the face of the wall of a structure; and (B) projects more than 12 inches from that wall. (3) “Projecting sign” does not include any: (i) banner sign; or (ii) roof sign. (w) “Provisional fence sign” means a sign placed on any fence that is constructed or installed primarily for the purposes of making a safety perimeter around a construction site. (x) “Roof sign” means a sign that: (1) is erected, constructed, or maintained on any roof surface, on any permitted projection on a roof, or has 30% or more of the sign face above any parapet of a building; and (2) has its principal support attached to the roof structure or behind the parapet of a building. (y) (1) “Wall sign” means a sign: (i) that is made of a durable material that is not cloth or other flexible material; (ii) that is mounted flat against or painted on the wall of a structure; (iii) that projects no more than 12 inches from the wall, with the exposed face of the sign in a plane parallel to the face of the wall; and (iv) whose sign face extends less than 30% beyond the roof line or parapet of a building. (2) “Wall sign” does not include any: (i) banner sign; (ii) painted/mural sign; (iii) roof sign; or (iv) window sign. (z) See “Banner sign”. (aa) (1) “Window sign” means a sign that: (i) is intended for viewing from the exterior of a building; and (ii) is: (A) attached to, placed on, or printed on the interior or exterior of a window of the building; (B) attached to, placed on, or printed on a door of the building; or (C) displayed within 12 inches of a window of the building. (2) “Window sign” does not include a painted/mural sign, as defined in this section. *History: Ord.18-216* *History: Ord. 20-350* *History: Ord. 22-181* #### Subtitle 2 – Placement, Design, and Construction ##### § 17-201 Generally. Balt., Md., Code art. 32, § 17-201 (2026) (a) No sign may be erected, relocated, or structurally altered unless in accordance with this Code. (b) (1) All signs are subject to the location, height, quantity, and dimensional requirements of Table 17- 201: Sign Regulations and as otherwise stated in this title. (2) A sign is allowed within a zoning district only if and to the extent that: (i) Table 17-201: Sign Regulations expressly lists that sign type as allowed within that zoning district; and (ii) the sign complies with all other requirements of this title applicable to that sign type. (c) Non-obscene wording and non-obscene graphics on table umbrellas are not governed by this title. *History: Ord.18-216* ##### § 17-202 Placement restrictions. Balt., Md., Code art. 32, § 17-202 (2026) (a) All signs must also comply with the placement restrictions of the Baltimore City Building Code, Appendix H {“Signs”}. (b) (1) No sign mounted on the exterior or interior of a building may cover any part of a window, door, or prominent architectural feature unless otherwise expressly allowed in this article. (2) Any painted/mural sign that seeks to cover any window, door, or prominent architectural feature must have design review approval. (3) Any painted/mural sign that seeks to cover any window or portion of a window must comply with the transparency requirements described in § 17-416 {“Window signs”} of this title. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-203 Noncommercial speech allowed wherever commercial speech allowed. Balt., Md., Code art. 32, § 17-203 (2026) (a) In this section, “commercial speech” means: (1) speech that proposes a commercial transaction; or (2) expression related solely to the economic interests of the speaker and its audience. (b) To avoid favoring commercial speech over noncommercial speech or favoring the expression of any particular noncommercial message over any other noncommercial message, noncommercial speech is allowed wherever commercial speech is allowed under this Code. *History: Ord.18-216* ##### § 17-204 General design and construction. Balt., Md., Code art. 32, § 17-204 (2026) (a) The structural design and construction of signs, including their supports, must comply with the applicable requirements of the City Building, Fire, and Related Codes Article. (b) (1) Supports and braces must be an integral part of the sign design. (2) Supports and braces must be hidden from public view to the extent technically feasible, unless they are intended as a decorative part of the sign design. (c) All letters, figures, characters, or representations in cut-out or irregular form, maintained in conjunction with, attached to, or superimposed on any sign must be safely and securely built or attached to the sign structure. (d) (1) Unless otherwise provided in this title, all signs, including electronic signs, are subject to the illumination requirements of this subsection. (2) Goose-neck fixtures and indirect spotlights are allowed on awning signs, canopy signs, freestanding signs, projecting signs, and wall signs. (3) All exterior lighting intended to illuminate a sign must concentrate the illumination on the area of the sign that minimizes glare on the street or adjacent property. (4) All sign illumination must be designed, located, shielded, and directed to minimize: (i) casting glare or direct light on adjacent publicly dedicated roadways and surrounding properties; and (ii) distraction of motorists or pedestrians in the public right-of-way. (5) Freestanding signs, projecting signs, roof signs, wall signs, and window signs may be internally illuminated. (6) For the purposes of this title, an indirectly illuminated sign is a sign illuminated with a light that is directed primarily toward the sign and shielded to minimize rays from the light being visible anywhere other than on the lot where the sign is located. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-205 Sign and premises maintenance. Balt., Md., Code art. 32, § 17-205 (2026) (a) (1) All signs and the premises surrounding them must be maintained in a clean and sanitary condition, free and clear of all noxious substances, rubbish, and weeds. (2) All unused sign hardware or wiring must be removed. (b) The following activities are allowed with proper permits as long as there is no increase in sign dimensions or change in structure: (1) changing the copy or message on an existing changeable copy sign, whether illuminated or non-illuminated; (2) painting, repainting, cleaning, changing allowed items of information, or other normal maintenance and repair of a sign, including replacement of lights and sign face, but not involving structural changes or the change in the size of the sign; (3) refacing an existing sign, unless located in an Historical and Architectural Preservation District or listed on a Landmark List: Exteriors or a Special List: Exteriors, in which case the proposed activity must be referred to the Commission for Historical and Architectural Preservation in accordance with its review process; (4) replacement of the digital screen on an electronic sign; (5) replacement of broken or physically damaged sign supports; and (6) modifications necessary to improve the safety of existing signs. (c) (1) If the Building Official finds that any sign or other structure defined in this title is unsafe or insecure, or has been constructed, erected or is being maintained in violation of this title, the Building Official must give written notice to the sign permit holder, if applicable, and the property owner. (2) If the sign permit holder or the property owner fails to cure the violation, the sign may be removed by the City at the expense of the sign permit holder or the property owner. (3) The City may cause any sign or other structure defined in this title that is an immediate peril to individuals or property to be removed summarily and without notice. *History: Ord.18-216* ##### § 17-206 Special rules. Balt., Md., Code art. 32, § 17-206 (2026) (a) (1) Except for roof signs, any lot with more than 1 principal building on that lot may have signage on each building that complies with the rules of the respective sign type in this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs. (2) Unless otherwise provided in this title, the aggregate maximum area of signage allowed for each building may not be combined or split. (b) Freestanding monument signs may be installed on lots adjacent to and contiguous with residential developments of 20 units or more if the units are in a single building or part of a major subdivision or redevelopment of contiguous and adjoining lots. (c) The aggregate maximum sign area per sign type, as calculated under § 17-306 of this title, may be split into multiple signs and dispersed on a single lot for the following sign types, zoning districts, and uses: (1) freestanding monument signs and freestanding pylon signs for approved drive-through facilities in the C-2, C-3, C-4, and C-5 Zoning Districts; (2) freestanding monument signs and freestanding pylon signs for uses in the C-2, C-3, C-4, and C-5 zoning districts where the lot is 10,000 square feet or greater or has more than one principal building on a lot; (3) freestanding monument signs, freestanding pylons signs, and wall signs where there is more than 1 principal building on a lot in the EC-1, EC-2, OS, H, OIC, and BSC zoning districts. This option must be documented in a signage package; (4) wall signs above ground floor in the C-1, C-1-E, and C-2 zoning districts may be split into no more than 4 signs; (5) wall signs above ground floor in the C-3, C-4, C-5, TOD-4, BSC, H, I-1, I-2, and PC Zoning Districts; and (6) the maximum area of a sign cannot be varied to create more sign area and then split into multiple signs nor can a sign that results from the split be later replaced with a larger sign; and (7) multi-family dwellings of 50 units or more in the R-8, R-9, R-10, or OR-2 zoning districts that have ground floor commercial uses and are subject to § 14-327 {“Multi-family dwellings - Accessory non-residential uses.”}, may follow projecting sign and wall sign requirements for the C-1 zoning district as provided for in Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Area of Signs. (d) If sign splitting is used, a 15% automatic total maximum area increase may be applied to the aggregate base maximum area permitted before the sign splitting is used, subject to the following: (1) the maximum sign area automatic increase under this subsection may not be further increased by the Board of Municipal and Zoning Appeals; and (2) all signs under this subsection must be permitted at the same time on the same permit and the increase documented on the permit. (e) (1) Single-story, single-tenant buildings that are 15,000 square feet or greater in the C-2, C-3, C-4, C-5, and PC zoning districts may use the above ground floor signage allotment for wall signs in Table 17-201: Sign Regulations if the sign type distinguishes the allotment between ground floor and above ground floor. (2) Ground floor tenants 15,000 square feet or greater in a multi-tenant building with direct street access in the C-2, C-3, C-4, C-5, and PC zoning districts may use the above ground floor signage allotment for wall signs in Table 17-201: Sign Regulations if the sign type distinguishes the allotment between ground floor and above ground floor, subject to the following: (i) applicable only to uses outlined in the commercial and institutional use categories of the underlying zoning district; (ii) for the application of this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs for buildings whose main entrance does not front a right-of-way (not including an un-named alley or named alley), the building frontage is designated as the elevation that has the main entrance to the building or tenant; and (iii) the building frontage or tenant frontage must be 40 feet wide or greater. (f) The following rules apply for signage within planned unit developments: (1) Unless otherwise specified in an individual planned unit development ordinance, all existing planned unit developments established or that have had a major change after June 5, 2017 must follow the rules specified in this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs. (2) Any designated business planned unit development established prior to June 5, 2017 that has an underlying residential zoning and that does not expressly address signage must follow the rules specified for the C-2 zoning district in this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs (3) (i) Subject to Title 17, Subtitle 5 of this article, Title 15 of this article, and any other applicable portions of this Code, an Area of Special Signage Control may be incorporated in the ordinance of a new planned unit development. (ii) This paragraph applies only to new planned unit developments or existing planned unit developments that are being repealed and replaced. This paragraph does not apply to existing planned unit developments. (4) (i) For a planned unit development that does not have an Area of Special Signage Control, either incorporated within the planned unit development ordinance or separately, the aggregate of the maximum allowable freestanding monument and pylon signage may be split among all buildings on that lot, not to exceed the aggregate area allowed by adding the maximum allowable area of each sign by the quantity of signs allowed by Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Areas of Signs, unless otherwise provided within this title. This option must be documented in a signage package within the planned unit development ordinance. (ii) For existing planned unit development where there is a signage package, the signage package may be amended as a minor change. (5) If there is a conflict between an Area of Special Sign Control and a planned unit development ordinance, the planned unit development ordinance prevails. (6) If using the sign splitting option, the Board of Municipal and Zoning Appeals may not increase the aggregate area of a sign. *History: Ord. 22-181* #### Subtitle 3 – Sign Dimension and Quantity Measurement Methodology ##### § 17-301 In general. Balt., Md., Code art. 32, § 17-301 (2026) (a) Sign area is measured as provided in §§ 17-302 through 17-306 of this subtitle. (b) Sign height is measured as provided in § 17-307 of this subtitle. *History: Ord.18-216* ##### § 17-302 Sign area – General. Balt., Md., Code art. 32, § 17-302 (2026) (a) (1) For signs on a background, the entire area of the framework or background of the sign is calculated as sign area, including any material or color forming the sign face or background used to differentiate the sign from the structure against which it is placed. (2) Sign area does not include any framework or bracing, unless the framework or bracing is part of the message or sign face. (b) (1) For signs consisting of freestanding letters or logos, the sign area is calculated as the total area of each square, circle, rectangle, triangle, or combination of these, that encompasses each individual letter or logo. (2) Sign area does not include any supporting framework or bracing, unless the framework or bracing is part of the message or sign face. (c) Window signs printed on a transparent film and affixed to a windowpane are calculated by their individual letters or logos, as long as the portion of the transparent film around the perimeter of the individual letters or logos maintains the transparency of the window. (d) (1) A single design in the same plane or elevation shall be considered 1 sign. (2) For painted/mural signs that include both signage and art in a single design, the signage area shall be calculated as the combined area of the signage portion or portions, provided that the signage is in the same plane or elevation. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-303 Sign area – Supports and uprights excluded. Balt., Md., Code art. 32, § 17-303 (2026) Necessary supports or uprights on which the sign is placed are not included in the computation. *History: Ord.18-216* ##### § 17-304 Sign area – Multi-faced signs. Balt., Md., Code art. 32, § 17-304 (2026) (a) If a sign has 2 or more faces, the area of all faces is included in determining the area of the sign, except as specified in subsection (b) of this section. (b) If 2 faces are placed back to back and are nowhere more than 2 feet apart (excluding necessary supports or uprights), the area of the sign is taken as: (1) the area of 1 face, if the 2 faces are of equal area; and. (2) the area of the larger face, if the 2 faces are of unequal area. *History: Ord.18-216* ##### § 17-305 Sign area – Three-dimensional, etc., signs. Balt., Md., Code art. 32, § 17-305 (2026) The sign area of a three-dimensional, free-form, or sculptural (non-planar) sign is calculated as 50% of the sum of the area of the 4 vertical sides of the smallest cube that will encompass the sign. *History: Ord.18-216* ##### § 17-306 Sign area – Maximum cumulative area of signs on lot. Balt., Md., Code art. 32, § 17-306 (2026) The total cumulative square feet of all signs on a lot may not exceed the amounts specified in Table 17-306: Maximum Cumulative Area of Signs, except as allowed in an approved Signage Plan for an Area of Special Signage Control, where those maximums may be exceeded to the extent provided by that Table. *History: Ord.18-216* ##### § 17-307 Sign height and width. Balt., Md., Code art. 32, § 17-307 (2026) (a) (1) The height of a sign is determined by measuring the vertical distance from the uppermost point used to measure the area of a sign to the ground immediately below that point or to the level of the upper surface of the nearest curb of a street or alley, whichever measurement allows the greater elevation of the sign. (2) The width of a sign is determined by measuring the horizontal distance from the outermost points of either edge of the sign perpendicular to the ground plane. (b) Poles, uprights, braces, and other support structures must be contained within the maximum height. (c) For freestanding pole signs, the minimum pole height is determined by measuring the vertical distance from the lowest point of where the sign’s message or graphics begins to the ground immediately below that point or to the level of the upper surface of the nearest curb of a street or alley, whichever measurement allows the greater elevation of the sign. *History: Ord.18-216* ##### § 17-308 Building and tenant frontage measurement methodology. Balt., Md., Code art. 32, § 17-308 (2026) (a) For any building subject to this title, the building frontage shall be identified and calculated based on the building elevation that is parallel to and immediately adjacent to the right-of-way (excluding un-named or named alleys) or the parking lot drive aisle on which the main entrance fronts. (b) For ground floor tenants with direct street access, tenant frontage shall be calculated per linear foot of exterior facing frontage for that tenant. *History: Ord. 22-181* ##### § 17-309 Maximum area and maximum quantity. Balt., Md., Code art. 32, § 17-309 (2026) (a) Except as provided in subsection (b) of this section or as otherwise provided in this article: (1) the “maximum area per sign” specified in Table 17-201: Sign Regulations is the maximum area allowed for each sign per sign type allowed; (2) the “maximum quantity” specified in Table 17- 201: Sign Regulations is the total number of signs per sign type allowed; and (3) the aggregate maximum sign area per sign type is calculated by multiplying the “maximum area per sign” by the ‘maximum quantity” of that sign type as specified in Table 17-201: sign regulations. (b) (1) Any sign that is required by the City Building, Fire, and Related Codes and that is 2 square feet or less does not count towards: (i) the allowable maximum quantity specified in Table 17- 201: Sign Regulations: (ii) the maximum area per sign specified in Table 17- 201: Sign Regulations; or (iii) the maximum cumulative area of signage specified in Table 17-306: Maximum Cumulative Area of Signs. (2) Any sign over 2 square feet or any sign described in paragraph (1) of this subsection is subject to the applicable rules of this title, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Areas of Signs. *History: Ord. 22-181* #### Subtitle 4 – Requirements by Sign Type ##### § 17-401 A-frame signs. Balt., Md., Code art. 32, § 17-401 (2026) (a) A-frame signs are allowed only: (1) for non-residential uses; and (2) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. (b) (1) An A-frame sign: (i) may only be placed: (A) on the same property as the non-residential use to which it relates, within 30 feet of that use’s primary entrance; or (B) on the right-of-way in front of that property; and (ii) may not: (A) interfere with pedestrian traffic; or (B) violate standards of accessibility as required by the ADA or other accessibility codes. (2) (i) An A-frame sign may only be placed outdoors between hours of operation. The sign must be stored indoors at all other times. (ii) An A-frame sign may not be placed outdoors during high-wind or heavy-rain conditions. The sign must be stored indoors during these conditions. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-402 Alcoholic beverage and cigarette advertising signs. Balt., Md., Code art. 32, § 17-402 (2026) (a) No person may place any sign, poster, placard, device, graphic display, or other item that advertises alcoholic beverages or cigarettes in any publicly visible location, including any outdoor billboard, side of a building, or freestanding sign. (b) (1) In this subsection, “licensed premises” means: (i) as to alcoholic beverage signs, a premises that operates under an alcoholic beverages license or permit issued under the State Alcoholic Beverages Article; and (ii) as to the cigarette signs, a premises that operates under a cigarette business license issued under Title 16 of the State Business Regulation Article. (2) This section does not apply to the placement of signs: (i) inside a licensed premises; (ii) in conjunction with a temporary or 1-day alcoholic beverages license granted by the Board of License Commissioners; (iii) in an Area of Special Signage Control advertising for a business located within the Area of Special Signage Control that holds a manufacturer’s license issued under Title 2, Subtitle 2 of the Alcoholic Beverages Article of the Maryland Code; or (iv) on property owned, leased, or operated by the Maryland Stadium Authority. (3) (i) This section does not apply to any window or exterior wall sign of a licensed premises that meets all of the following criteria: (A) the sign is intended to identify the licensed premises, by containing its name, slogan, or logo; (B) the sign covers no more than 15% of the window or exterior wall area on which it is displayed; and (C) the licensed premises has no other window or exterior wall sign along the same street frontage. (ii) For purposes of this paragraph (3): (A) a “window” comprises all the glass panes within the main frame of the window area; and (B) the maximum 15% coverage is calculated based on the total area within the external window frame. (4) Notwithstanding the foregoing, any billboard that advertises alcoholic beverages shall be located at least 500 linear feet from established and conspicuously identified elementary or secondary schools, places of worship, or public playgrounds. *History: Ord.18-216* ##### § 17-403 Attention-getting devices. Balt., Md., Code art. 32, § 17-403 (2026) (a) (1) The erection, placement, or construction of attention-getting devices is prohibited in the R-1-A through R-10, R-MU, OR-1, OR-2, and EC-1 Zoning Districts. (2) The City may not issue permits for these signs or devices in these zoning districts. (b) (1) Attention-getting devices are subject to the following regulations. (2) Attention-getting devices may not be erected or maintained in any location or in any manner that could endanger the public safety, interfere with or obstruct pedestrian or vehicular travel, or create a traffic safety problem. (3) Attention-getting devices may not be erected or maintained within any public right-of-way. (4) As a condition of a building permit, requirements may be imposed on the material, manner of construction, and method of erection as are reasonably necessary to assure the safety and convenience of the public. (5) No inflatable promotional device may exceed 15 feet in height or the height of the of the principal building to which it relates, whichever is lower. No inflatable promotional device may be mounted on the roof of a structure. *History: Ord.18-216* ##### § 17-404 Awning or canopy signs and open-structural framework signs. Balt., Md., Code art. 32, § 17-404 (2026) (a) Awning or canopy signs and open-structural framework signs are allowed: (1) in a residential use category, only on multi-family dwellings with 20 or more units, dormitories with 20 or more rooms, and residential-care facilities with 17 or more residents; (2) in all other use categories, on all uses for which the sign is otherwise allowed under this title; and (3) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. (b) (1) Awnings and canopies must maintain at least 8 feet of vertical clearance from the ground. (2) Awnings and canopies must be located at least 1 foot from the curb line. (3) Signs placed underneath an awning or canopy or structural framework must maintain at least 8 feet vertical clearance from the ground. (4) Signs attached to the awning, canopy, or open-structural framework may not project more than 6 inches beyond the awning, canopy, or open-structural framework. (5) Signs may not be mounted on or extend beyond any roof surface. (6) Signs may not be wider than 80% of the width of the awning or canopy. (7) Signs may not be any taller than 2 feet. (c) No messages or graphics printed on the top surface of any awning or canopy may exceed 25% of that top surface area. (d) (1) Awnings and canopies must be constructed out of canvas, canvas-like material, fabric, or metal. (2) Back-lit box and plastic awnings and canopies are prohibited. (3) Awnings, canopies, and open-structural frameworks must be securely attached to and supported by a building. (4) All frames and supports must be made of metal or similar rigid material. Frames and supports may not be made of wood or plastics. (5) Signs mounted underneath awnings, canopies, and open-structural frameworks must be securely fixed with metal supports. (e) (1) Awning or canopy signs and open-structural framework signs must be compatible in material and construction to the style and character of the building. (2) When feasible, awning or canopy signs and open-structural framework signs should be generally aligned with others nearby to maintain a sense of visual continuity. (3) Awning or canopy signs must be tailored to the opening of the building and positioned so that distinctive architectural features remain visible. (f) (1) Awning or Canopy signage may be applied to existing canopy structure on buildings in local historic districts and local landmarks that were previously used for signage as approved by the Commission for Historical and Architectural Preservation. (2) Any electronic signage on existing canopies are subject to all applicable rules of this article, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Area of Signs. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-405 Banner signs. Balt., Md., Code art. 32, § 17-405 (2026) Banner signs are allowed: (1) in a residential use category, only for multi-family dwellings with 20 or more units and dormitories with 20 or more rooms; (2) in all other use categories, for all uses for which the sign is otherwise allowed under this title; (3) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-406 Billboards. Balt., Md., Code art. 32, § 17-406 (2026) (a) (1) Except as otherwise specifically provided in this Code, the erection, conversion, placement, or construction of new billboards, static or digital, is prohibited. (2) No billboard may have audio speakers or any audio component. (b) In this section, “digital billboard” means any billboard that is also an electronic sign. (c) (1) New billboards are only allowed in an Area of Special Signage Control. (2) In addition: (i) new non-digital billboards may only be located in a C-1, C-1-E, C-1-VC, C-5-DC, or PC Zoning District and may not exceed 50 square feet; and (ii) new digital billboards are subject to the following requirements: (A) they may only be located in a C-2, C-3, C-4, C-5, TOD-4, or PC Zoning District; (B) digital animation, streaming video, or images that move or give the appearance of movement are only allowed as described in the approved Signage Plan; and. (C) all digital billboards must have ambient light monitors that automatically adjust the brightness level of the billboard based on ambient light conditions. (3) Billboards may only be integrated into any other sign type listed in Table 17-201: Sign Regulations for that zoning district. (d) (1) An existing non-digital billboard may be converted to a digital billboard only if: (i) it is accompanied by documentation that at least 3 existing billboard faces in the City have been removed for each new digital billboard face to be placed or erected; (ii) each message or image displayed on the digital billboard must be static or follow standards for electronic signs; (iii) digital animation, streaming video, or images that move or give the appearance of movement are prohibited; (iv) the digital billboard has ambient light monitors that automatically adjust the brightness level of the billboard based on ambient light conditions; (v) the billboard does not have audio speakers or any audio component; (vi) the new digital billboard is not relocated by more than 15 feet in any direction from its original location; (vii) each billboard being removed is a minimum of 100 square feet; and (viii) the applicant submits proof of current billboard tax payment at the time of application for conversion. (2) (i) The Zoning Administrator shall maintain an account of removals of existing printed billboards and shall credit the account of the owner of a printed billboard for each printed billboard that is removed. (ii) In order to document the removal of a printed billboard, the owner shall submit to the Zoning Administrator a copy of the conversion permit for the removal of the billboard and photographs documenting the removal. (iii) A printed billboard removal credit may be reserved and used by the original owner of the credit within 5 years after the removal of the printed billboard. (e) An existing billboard may not be converted to a digital billboard if: (1) it is attached to a building that is 35 feet or less in height; (2) it is a pole mounted billboard that is 35 feet or less in height; or (3) it is located in or within 250 feet of a residential district. *History: Ord.18-216* ##### § 17-407 Electronic signs. Balt., Md., Code art. 32, § 17-407 (2026) (a) Electronic signs are allowed: (1) in Residential Zoning Districts R-1A through R-10 for all uses allowed in the Institutional use category on lots with a minimum of 30 feet of building frontage and 7,500 square feet of lot area. (2) in non-residential zoning districts: (i) in a residential use category, only for multi-family dwellings with 50 or more units; and (ii) in all other use categories, for all uses for which the sign is otherwise allowed under this title; and (3) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. (b) (i) Category I: No larger than15 square feet. (ii) Category II: No larger than 50 square feet. (iii) Category III: No larger than 750 square feet. (iv) Category IV: No larger than 5,000 square feet. (v) Category V: No larger than 10,500 square feet. (c) Text and digital graphics must be static or have a minimum dwell time of 8 seconds. Digital animation and videos must have a maximum loop time of 1 minute. The dwell time for any previously approved electronic sign may be modified to 8 seconds without the need for any further approval. (d) (1) Electronic signs and electronic sign components may only be in the form of or integrated into sign types listed in this subtitle and Table 17-201: Sign Regulations. (2) A standalone electronic sign must conform to: (i) the requirements and maximum sign area for electronic signs, as provided in this subtitle and Table 17-201: Sign Regulations; and (ii) all other requirements for non-electronic sign types, as provided in this title, in Table 17-201: Sign Regulations, and in Table 17-306: Maximum Cumulative Area of Signs, unless otherwise specified by this title or these tables. (3) Where electronic signs are allowed: (i) an electronic sign component may be integrated into a non-electronic sign; (ii) the combined sign area of an electronic sign component and another sign type may not exceed the maximum sign area for the other sign type; and (iii) the electronic sign component may not exceed 25% of the maximum sign area for the other sign type. (e) (1) Category I electronic signs are subject to the following requirements: (i) the electronic component may not exceed: (A) 15 square feet in area; plus (B) the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; (ii) only 1 electronic sign is allowed per lot; (iii) each message displayed on an electronic sign is limited to text only, and that text must be static or depicted for at least 10 seconds; and (iv) electronic signs may only be in the form of or integrated into a freestanding sign or wall sign type. (2) Category II electronic signs are subject to the following requirements: (i) the electronic component may not exceed: (A) 50 square feet in area; plus (B) the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; (ii) no more than 2 electronic signs are allowed per lot; (iii) the electronic signs may include text and digital graphics, but digital animation and video is only allowed in an Area of Special Signage Control; (iv) electronic signs may only be in the form of or integrated into a freestanding sign, projecting sign, or wall sign type, but if a projecting sign is used, the electronic component may not exceed 25 square feet; and (v) in the C-5 and PC Zoning Districts, digital projection on windows is allowed on the ground floor. (3) Category III electronic signs are subject to the following requirements: (i) these signs are only allowed in an approved Area of Special Signage Control; (ii) the electronic component may not exceed: (A) 750 square feet in area; plus (B) the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; (iii) the quantity and location of signs are as allowed by the approved Signage Plan; (iv) each message displayed on an electronic sign may include text, digital graphics, digital video, and digital animation; and (v) electronic signs may only be in the form of or integrated into a freestanding sign, open structural framework, roof sign, or wall sign type. (4) Category IV electronic signs are subject to the following requirements: (i) these signs are only allowed in an approved Area of Special Signage Control; (ii) the electronic component may not exceed: (A) 5,000 square feet in area; plus (B) the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; (iii) the quantity and location of signs are as allowed by the approved Signage Plan; (iv) each message displayed on an electronic sign may include text, digital graphics, digital video, and digital animation; and (v) electronic Signs may only be in the form of or integrated into a freestanding sign, roof sign, open structural framework, or wall sign type. (5) Category V electronic signs are subject to the following requirements: (i) these signs are only allowed in an approved Area of Special Signage Control; (ii) the electronic component may not exceed: (A) 10,500 square feet in area; plus (B) the percentage deviation allowed by Table 17-201: Sign Regulations and specified in an approved Signage Plan; (iii) the quantity and location of signs are as allowed by the approved Signage Plan; (iv) each message displayed on an electronic sign may include text, digital graphics, digital video, and digital animation; and (v) electronic signs may only be in the form of or integrated into a wall sign type. (f) (1) Projecting electronic signs must maintain at least 8 feet vertical clearance from the ground. (2) Electronic wall signs may project beyond 12 inches from the wall of a building face up to no more than 6 feet from the wall of the building face if: (i) the electronic wall sign is 200 square feet or greater; (ii) is in an approved signage plan within an area of special signage control; (iii) the wall supports, necessary internal sign components, structural support, or maintenance access requires the projection beyond 12 inches and only to the minimum extent beyond 12 inches necessitated; (iv) maintains a clearance of at least 8 feet from the ground if the electronic wall sign does not rest on the ground; and (v) meets all requirements of the Building Code and any other applicable regulations. (g) (1) No electronic sign affixed to a building, including sign support structure, may project beyond the ends or top of the wall or higher than any roofline of the structure to which it is attached. (2) In Local Historic Districts and Local Landmarks designated by the Commission for Historical and Architectural Preservation, electronic signage may be added to an existing canopy that is integral to the architecture of the building in accordance with all applicable rules of this article, Title 17, Table 17-201: Sign Regulations, and Table 17-306: Maximum Cumulative Area of Signs. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-408 Freestanding signs. Balt., Md., Code art. 32, § 17-408 (2026) (a) Freestanding signs are allowed: (1) in a residential use category, only for multi-family dwellings with 20 or more units, dormitories with 20 or more rooms, and residential-care facilities with 17 or more residents; (2) in all other use categories, for all uses for which the sign is otherwise allowed under this title; and (3) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. (b) (1) To erect a freestanding monument sign, the lot must have a minimum of 50 feet of frontage along a public right-of-way. (2) To erect a freestanding pole sign or a freestanding pylon sign, the lot must have a minimum of 100 feet of frontage along a public right-of-way. (c) (1) All freestanding signs must be securely built, constructed, and erected on posts, bases, and standards that are sunk below the natural surface in a manner that will prevent the sign from overturning. (2) On a freestanding pole sign, no message or graphic is allowed within the minimum pole height. (3) On a freestanding pole sign, the poles, uprights, or braces may not be more than 25% of the width of the lowest point of the message or graphic being supported. (4) Where allowed, all freestanding signs may only be placed within 20 feet of the front or corner side lot line of any lot adjoining a street right-of-way of at least 30 feet wide. (5) The height of the open space between the ground and the message component of any freestanding monument sign may not exceed more than 40% of the total sign height. (6) Unless otherwise provided in this title, the maximum square footage of multiple freestanding signs may not be combined to create a larger freestanding sign. (d) No part of any freestanding sign may project into, over, or otherwise encroach on a public right-of- way. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-409 Balt., Md., Code art. 32, § 17-409 (2026) Reserved ##### § 17-410 Moving or flashing signs. Balt., Md., Code art. 32, § 17-410 (2026) (a) Except as provided in subsection (b) of this section, no sign may have or consist of: (1) any moving, rotating, or animated part; or (2) any flashing, blinking, fluctuating, or animated light. (b) The movement and flashing described in subsection (a) of this section is allowed on the following sign types: (1) electronic signs; and (2) barber poles or similar structures that have a rotating graphic. *History: Ord.18-216* ##### § 17-411 Obscene signs. Balt., Md., Code art. 32, § 17-411 (2026) No sign may display any matter in which the dominant theme of the material taken as a whole appeals to a prurient interest in sex or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters and is utterly without redeeming social value. *History: Ord.18-216* ##### § 17-412 Painted/mural signs. Balt., Md., Code art. 32, § 17-412 (2026) Painted/mural signs are allowed: (1) in the R-1A through R-10 zoning categories on all uses in the institutional, open-space, and commercial use categories; (2) in all other use categories, on all uses for which the sign is otherwise allowed under this title; and (3) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. *History: Ord. 22-181* ##### § 17-413 Portable signs. Balt., Md., Code art. 32, § 17-413 (2026) Portable signs may not be displayed outside of a building. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-414 Projecting signs. Balt., Md., Code art. 32, § 17-414 (2026) (a) Projecting signs are allowed: (1) in a residential use category, only on multi-family dwellings with 20 or more units; (2) in all other use categories, on all uses for which the sign is otherwise allowed under this title; (3) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. (b) A projecting sign may not project more than 4 feet from the face of the building to which it is attached, including the area between the sign and the face of the building. (c) (1) The bottom of any projecting sign must be at least 8 feet above the sidewalk or thoroughfare. (2) No projecting sign affixed to a building may project higher than the heights of the facade to which it is affixed. (d) (1) Projecting signs, including frames, braces, and supports, must be designed by a licensed structural engineer or manufacturer. (2) Any movable part of a projecting sign, such as the cover of a service opening, must be securely fastened by chains or hinges. (3) Projecting signs may not be constructed using cloth or other flexible material. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-415 Roof signs. Balt., Md., Code art. 32, § 17-415 (2026) (a) Roof signs are allowed: (1) in a residential use category, only on multi-family dwellings with 100 or more units; (2) in all other use categories, on all uses for which the sign is otherwise allowed under this title; (3) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. (b) (1) The roof sign may be located on the side of a roof structure that forms a backdrop for the sign. (2) The maximum size of a roof sign is determined by: (i) measuring the building frontage along the lot line of the elevation on which the roof sign will be placed; and (ii) applying to that measurement the area factor specified in Table 17-201: Sign Regulations. (3) The size of a roof sign on each side of the building is limited to the square footage calculated on that side only. (4) In no case may the square footage allowed by the building frontage located along any lot line be combined with the square footage allowed by the building frontage located along any other lot line to create a larger sign on a building other than that allowed on each individual building elevation. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-416 Wall signs. Balt., Md., Code art. 32, § 17-416 (2026) (a) Wall signs are allowed: (1) in a residential use category, only on multi-family dwellings with 15 or more units, dormitories with 20 or more rooms, and residential-care facilities with 17 or more residents; (2) in the C-1 and C-1-E zoning districts, wall signs above the ground floor are only allowed on buildings with a building frontage of 30 feet or wider; (3) in all other use categories, on all uses for which the sign is otherwise allowed under this title; and (4) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. (b) (1) This subsection applies to the R-1A through R-10 Zoning Districts and the OR Zoning District. (2) 1 non-illuminated or indirectly illuminated wall sign is allowed for each street frontage. (c) (1) This subsection applies to all zoning districts, unless otherwise specified by this subtitle or by Title 17-201: Sign Regulations. (2) The maximum size of a wall sign is determined by: (i) measuring the building frontage along the lot line of the elevation on which the wall sign will be placed; and (ii) applying to that measurement the area factor specified in Table 17-201: Sign Regulations. (3) The size of a wall sign on each side of the building is limited to the square footage calculated on that side only and must be placed on that side of the building unless otherwise provided in this title. (4) In no case may the square footage allowed by the building frontage located along any lot line be combined with the square footage allowed by the building frontage located along any other lot line to create a larger sign on a wall or split into multiple wall signs other than that allowed on each individual wall unless otherwise provided in this title. (d) Wall signs may be internally illuminated, unless otherwise specified in this title. (e) (1) Wall signs must be safely and securely attached to the building wall. (2) Wall signs must be affixed flat against the wall and may not project more than 12 inches from the building wall. (f) In the C-1 and C-1-VC Zoning Districts, wall signs must be located on the sign frieze – that is, on the portion of the building immediately above the ground-floor window and, in the case of a 2- or 3-story building, below the second-floor window sill. (g) (1) No wall sign affixed to a building, including sign support structure, may project beyond the ends or top of the wall or higher than the roofline of the wall to which it is attached. (2) Architectural features that are part of the original building design, such as chimneys, may have a sign affixed to them. (3) On existing buildings, a parapet wall may not be constructed for the sole purpose of increasing the allowable height of a wall sign. For new buildings, when a sign is to be mounted on a parapet wall, that parapet wall must be consistent with the architectural design of the building, including building materials. (4) Wall signs may not be attached to un-reinforced masonry parapets. (5) Wall signs may not be constructed of cloth or other flexible material. (6) Wall signs may not extend above the parapet. *History: Ord.18-216* *History: Ord. 22-181* ##### § 17-417 Window signs. Balt., Md., Code art. 32, § 17-417 (2026) (a) Window signs are allowed: (1) in a residential use category, only on multi-family dwellings with 20 or more units; (2) in all other use categories, on all uses for which the sign is otherwise allowed under this title; (3) in the zoning districts specified in this title or in Table 17-201: Sign Regulations. (b) (1) Window signs may not block views into or out from the building in the area between 5 feet and 7 feet above the adjacent grade, in the R-5, R-6, R-7, R-8, R-9, R-10, C-1, C-1-VC, and C-2 Zoning Districts. (2) “Window area” means a continuous surface undivided by any architectural or structural element. Mullions are not considered an element that divides a window area. (c) Except as provided in § 17-402 {“Alcoholic beverage and cigarette advertising signs”} of this title, signs affixed to the inside of a window or mounted within 12 inches of a window are allowed, as long as the total of all window signs on a window, whether permanent or temporary, but not counting window displays, occupies no more than a percentage of the total window area, as specified in Table 17-201: Sign Regulations. *History: Ord.18-216* *History: Ord. 22-181* #### Subtitle 5 – Areas of Special Signage Control ##### § 17-501 Purpose. Balt., Md., Code art. 32, § 17-501 (2026) The City recognizes that certain commercial areas present a unique character that could be enhanced with the application of sign standards that depart from the requirements of this title. In these circumstances, these standards would be considered supportive of the commercial area. Under this subtitle, the Planning Commission may recommend and the City Council may approve the designation of an area that meets certain criteria as an Area of Special Signage. The Planning Commission may then approve a specific Signage Plan for that Area of Special Signage Control. *History: Ord.18-216* ##### § 17-502 Applicability. Balt., Md., Code art. 32, § 17-502 (2026) (a) (1) An Area of Special Signage Control may be applied for in the C-1, C-1-E, C-1-VC, C-2, C-3, C-4, C-5, IMU-1 or 2, OR, or TOD Zoning Districts. (2) The entire PC Zoning District, as mapped on the adopted Zoning Map, as of June 5, 2017, is designated an Area of Special Signage Control, unless the boundaries of the Area of Special Signage Control are otherwise amended per § 17-505. (2) The entire PC Zoning District is designated an Area of Special Signage Control, unless the boundaries of the Area of Special Signage Control are otherwise amended per § 17-505. (b) (1) An Area of Special Signage Control must include multiple properties and cover an area that has at least 600 linear feet of street frontage. (2) The block faces may either be located directly across the street from each other or adjacent to each other along the street. (3) The block faces may be in any 1 or combination of the zoning districts identified in subsection (a) of this section. *History: Ord.18-216* *History: Ord. 19-244* *History: * ##### § 17-503 Application process. Balt., Md., Code art. 32, § 17-503 (2026) (a) Approval of an Application for an Area of Special Sign Control requires approval by ordinance, in accordance with the applicable procedures of Title 5, Subtitle 5 {“Legislative Authorizations”} of this Code, except that §§ 5-506(a)(2) and 5-508 do not apply. (b) (1) If an area is located in a zoning district listed in § 17-502(a)(1) of this subtitle and meets the requirements of this subtitle, a proposed Ordinance can be introduced to designate that area as an Area of Special Sign Control. (2) Notice of the proposed Ordinance’s introduction is as required in § 5-603 of this Code, except that instead of the contents of the notice as set forth in § 5-603(b) of this Code, the notice must instead include: (i) date of the proposed Ordinance’s introduction and its assigned bill number; (ii) date of hearing on the proposed Ordinance; (iii) the name and address of the applicant(s); (iv) the boundaries of the proposed area; (v) Planning Department contact information, at which the public can arrange to review the proposed Signage Plan; and (vi) a statement that any objections to the designation of the area as an Area of Special Signage Control should be given to the Director of Planning and the City Council. (c) (1) The Planning Commission may recommend approval of the application so long as the Planning Commission makes findings of fact that the designation of the area as an Area of Special Signage Control: (i) would not increase the likelihood of traffic congestion or distraction; (ii) would not add to the visual clutter in the area; and (iii) would not be incongruous with the existing or contemplated design of the area. (2) If 51% of property owners inside the proposed Area of Special Sign Control object to the designation of that area as an Area of Special Sign Control before the Planning Commission hearing on the proposed Ordinance, the Director of Planning: (i) may not recommend to the Planning Commission that the City Council approve the application; but (ii) must still address the findings required by paragraph (1) of this subsection. (3) The City Council may approve the application even if the Planning Commission does not approve it, so long as the City Council makes findings of fact that the designation of the area as an Area of Special Signage Control: (i) would not increase the likelihood of traffic congestion or distraction; (ii) would not add to the visual clutter in the area; and (iii) would not be incongruous with the existing or contemplated design of the area. *History: Ord.18-216* ##### § 17-504 Signage Plan. Balt., Md., Code art. 32, § 17-504 (2026) (a) Once an area is designated as an Area of Special Signage Control, a Signage Plan must be submitted to the Planning Commission. (b) The Signage Plan must include: (1) a list of what sign types are being sought in the Area of Special Sign Control; (2) the location and number of signs per lot or building; (3) the maximum dimensions per sign; and (4) the percentage deviation being sought in the area or height of the sign or in the maximum cumulative area of signs from what is allowed by right as provided in Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Area of Signs. (c) (1) The Signage Plan may include deviations from location, height, quantity, and dimensional requirements of this title so long as the deviation is allowed by Table 17-201: Sign Regulations or Table 17-306: Maximum Cumulative Area of Signs.. (2) The Signage Plan may include a type of sign that is not generally permissible in the underlying district if that additional sign type is listed in Table 17-201: Sign Regulations as one allowed in an Area of Special Sign Control for that district and is otherwise a sign type defined in this title. (3) The Board of Municipal and Zoning Appeals may not grant any variance for a sign that has been the subject of a deviation or addition under this section. (d) When calculating the percentage deviation for a sign area or height, a fraction in the resultant allowable deviation that is ½ or more of a whole number counts as 1 additional square foot for sign area or 1 additional foot for height. (e) The Signage Plan may not alter or deviate from the standards required by § 17-402 {“Alcoholic beverage and cigarette advertising signs”} or § 17-411 {“Obscene signs”} of this title. *History: Ord.18-216* ##### § 17-505 Signage Plan approval and amendment process. Balt., Md., Code art. 32, § 17-505 (2026) (a) The Planning Commission must approve the Signage Plan before any signs may be erected in an Area of Special Signage Control. (b) (1) The Planning Commission must make findings of fact that the Signage Plan: (i) would not increase the likelihood of traffic congestion or distraction; (ii) would not add to the visual clutter in the area; and (iii) would not be incongruous with the existing or contemplated design of the area. (2) The Planning Commission may only approve a Signage Plan that: (i) meets the requirements listed in Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Area of Signs; and (ii) is otherwise allowed by this title. (3) The Planning Commission may request review and evaluation of any aspect of a proposed signage plan from any City agency prior to approval of a signage plan at the Planning Commission. (c) (1) Any amendments to the boundaries of an Area of Special Sign Control must be approved by Ordinance of the Mayor and City Council. (2) Any amendments to the Signage Plan must be approved by the Planning Commission. *History: Ord.18-216* ##### § 17-506 Designation signage plan approval – Planned unit developments. Balt., Md., Code art. 32, § 17-506 (2026) (a) An Area of Special Signage Control and Signage Plan may be incorporated into a new planned unit development established by ordinance. (b) If a planned unit development incorporates an Area of Special Signage Control: (i) the proposed ordinance must have a dedicated section of the ordinance entitled, “Area of Special Signage Control”; (ii) the requirements of 17-503(c) must be included as part of the evaluation of application for the inclusion within the planned unit development; (iii) the requirements of 17-504 must be met and included in either text or exhibits in the planned unit development; (iv) Table 17-201: Sign Regulations and Table 17-306: Maximum Cumulative Area of Signs are applicable; (v) a boundary change shall be considered a major change and must be changed by Ordinance; (vi) unless the signage is attached to portions of the planned unit development that are deemed to be a major change under Title 15 of this article, a Signage Plan included in the planned unit development may be amended by Planning Commission and considered a minor change to the planned unit development; (vii) if a planned unit development is repealed and not replaced, the Area Of Special Signage Control may continue to be effective with the designated boundaries and the approved signage plan; and (viii) unless otherwise provided, all provisions of this Code are applicable. *History: Ord. 22-181* ### Title 18 – Nonconformities #### Subtitle 1 – Purpose of Title ##### § 18-101 Purpose. Balt., Md., Code art. 32, § 18-101 (2026) (a) This Code establishes separate districts, each of which is an appropriate area for the location of the uses and structures that are allowed in that district. Consistent with the establishment of those districts, all uses and structures incompatible with allowed uses and structures must be strictly regulated and properly controlled. (b) This title provides for the regulation of nonconforming uses and structures existing in the various districts. Specifically, this title regulates the continuance of nonconforming uses, structures, lots, and signs. *History: Ord. 16-581* #### Subtitle 2 – Definitions; General Provisions ##### § 18-201 Definitions. Balt., Md., Code art. 32, § 18-201 (2026) (a) In this title, the following terms have the meanings indicated. (b) “Nonconforming lot” means a lawfully existing lot that, as of the effective date of this Code (June 5, 2017) or the effective date of an amendment to this Code, does not comply with the lot area or lot width regulations applicable to the district in which it is located. (c) “Nonconforming structure” means a lawfully existing structure that, as of the effective date of this Code (June 5, 2017) or the effective date of an amendment to this Code, does not comply with the bulk, yard, or other regulations applicable to the district in which it is located. (d) “Nonconforming use” means a lawfully existing use of a structure or of land that, as of the effective date of this Code (June 5, 2017) or the effective date of an amendment to this Code, does not conform to the use regulations applicable to the district in which it is located. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 18-202 Authority to continue. Balt., Md., Code art. 32, § 18-202 (2026) (a) Except as otherwise specified in this title, any use, structure, or lot that existed as a lawful nonconforming use, structure, or lot as of June 5, 2017, and any use, structure, or lot that has been made nonconforming because of the terms of this Code or any subsequent amendment to this Code, may continue subject to the provisions of this title so long as it remains otherwise lawful. (b) A use or structure that was unlawful as of June 5, 2017, remains unlawful to the extent that the use or structure conflicts with any of the requirements of this Code or of the Baltimore City Building, Fire, and Related Codes Article, including the requirements to obtain a use permit and an occupancy permit. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 18-203 Safety regulations. Balt., Md., Code art. 32, § 18-203 (2026) All police power laws and regulations enacted to promote the public health, safety, and welfare, including all building, fire, and health codes, apply to nonconforming structures. *History: Ord. 16-581* ##### § 18-204 Nonconformity not established by casual, etc., uses. Balt., Md., Code art. 32, § 18-204 (2026) A casual, temporary, or unlawful use of any land or structure does not establish any nonconforming use, nonconforming density, or other form of nonconformity. *History: Ord. 16-581* ##### § 18-205 Nonconformity with off-street parking requirements. Balt., Md., Code art. 32, § 18-205 (2026) No use may be construed as nonconforming solely by reason of nonconformance with the off-street parking requirements of this Code. *History: Ord. 16-581* ##### § 18-206 Determination of nonconformity. Balt., Md., Code art. 32, § 18-206 (2026) (a) Whether a nonconforming use, nonconforming density, or other form of nonconformity exists is a question of fact that, except as specified in subsection (b) of this section, must be decided by the Board of Municipal and Zoning Appeals after public notice and hearing and in accordance with the rules of the Board. (b) The Zoning Administrator may issue a use permit, without referring the matter to the Board of Municipal and Zoning Appeals, if: (1) permits, ordinances, the Police Survey of 1931, or other records on file with the Zoning Administrator: (i) document the existence of a continuing and uninterrupted lawful nonconforming use; or (ii) document the existence of a lawful nonconforming density, or other nonconformance; and (2) a field inspection of the construction, design, and arrangement of the structure or use in question confirms these records. *History: Ord. 16-581* *History: Ord. 17-015* *History: * ##### § 18-207 Expiration of approval. Balt., Md., Code art. 32, § 18-207 (2026) (a) Any authorization to reestablish or continue a nonconforming use, density, or other nonconformity lapses and becomes void 1 year from the date of its final approval, unless within that year: (1) a use permit under this Code and an occupancy permit under the Baltimore City Building Code have been obtained for that use; (2) the erection or alteration of a structure for that use has lawfully begun; or (3) the use has lawfully begun. (b) The Board of Municipal and Zoning Appeals may grant an extension of this period, as established under subsection (a), by not more than 18 months on written application and for good cause shown without notice or hearing. *History: Ord. 22-181* #### Subtitle 3 – Nonconforming Uses ##### § 18-301 Continuation. Balt., Md., Code art. 32, § 18-301 (2026) Except as otherwise specified in this Code, nonconforming uses may be continued, subject to the regulations of this subtitle. *History: Ord. 16-581* ##### § 18-302 Expansion of use or structure. Balt., Md., Code art. 32, § 18-302 (2026) (a) A nonconforming use may not be expanded in any manner, nor may any structure be erected or expanded, unless the use of the land and the structure are made to conform to the regulations of the district in which they are located. (b) For a nonconforming use or structure in a Commercial, Industrial, or TOD District, the Zoning Board may authorize by variance an expansion of the gross floor area of the use or structure by up to 25% of that which lawfully existed as of June 5, 2017. *History: Ord. 16-581* *History: Ord. 18-171* ##### § 18-303 Repairs and alterations. Balt., Md., Code art. 32, § 18-303 (2026) (a) Normal maintenance and incidental repair may be performed on any structure that is devoted in whole or in part to a nonconforming use, as long as the maintenance or repair will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure. (b) No structural alteration may be performed on any structure devoted to a nonconforming use, unless: (1) the alteration is required by law; (2) the alteration is necessary to restore the structure to a safe condition on order of any official charged with protecting the public safety; (3) the alteration is for the purpose of bringing about a conforming use; or (4) the alteration will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure. *History: Ord. 16-581* ##### § 18-304 Restoration of damaged structures. Balt., Md., Code art. 32, § 18-304 (2026) (a) If a structure containing a nonconforming use is damage or destroyed or if a nonconforming sign is damaged or destroyed, the structure or sign may be repaired or reconstructed and the nonconforming use or sign re-established as long as no new nonconformities are created and the existing degree of any nonconformity is not increased. (b) (1) A building permit must be obtained for the repair or reconstruction within 1 year of the date of the damage or destruction. (2) The Board of Municipal and Zoning Appeals may grant an extension of this period. (c) If a building permit is not obtained within the time required by this section or the repairs not completed within 1 year of the issuance of the building permit, then the use may not be reestablished unless the structure and the use conform to all regulations of the district in which they are located. *History: Ord. 16-581* *History: Ord. 18-216* *History: Ord. 20-350* ##### § 18-305 Relocation. Balt., Md., Code art. 32, § 18-305 (2026) (a) (1) A nonconforming structure or use may not be relocated, in whole or in part, to any other location on the same lot. (2) A nonconforming freestanding pole sign that is 300 square feet or larger that is either damaged or destroyed pursuant to § 18-304(a) may be relocated by no more than 15 feet in any direction from its original location. (b) A nonconforming use may be relocated to another lot only if the use conforms to all regulations of the zoning district in which the new lot is located, including all use regulations. *History: Ord. 16-581* *History: Ord. 18-216* ##### § 18-306 Change of use. Balt., Md., Code art. 32, § 18-306 (2026) (a) A change of use occurs when an existing nonconforming use has been terminated and another use has commenced. (b) A nonconforming use may not be changed to any other use except one that is allowed within the zoning district in which it is located. (c) (1) When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that has been made to conform may not later be changed back to a nonconforming use. (2) In the R-1A, R-1B, R-1C, R-1D, R1-E, R-1, R-2, R-3, and R-4 zoning districts the zoning administrator may authorize the reestablishment of a residential nonconforming multifamily use that has lapsed up to the same number of units or a number less than the number of units that were legally established, if: (i) the unit was a legally established multi-family dwelling unit; and (ii) the structure was not altered to become a single-family dwelling unit. (d) Any change in use that violates this Code constitutes an abandonment of the previously existing nonconforming use. *History: Ord. 16-581* *History: Ord. 22-181* ##### § 18-307 Discontinuance or abandonment. Balt., Md., Code art. 32, § 18-307 (2026) (a) Whenever the active and continuous operation of any nonconforming use, or any part of that use, has been discontinued for 12 consecutive months: (1) the discontinuance constitutes an abandonment of the discontinued nonconforming use, or discontinued part of that use, regardless of any reservation of an intent to resume active operations or otherwise not abandon the use; and (2) the discontinued nonconforming use, or discontinued part of that use: (i) may not be reestablished; and (ii) any subsequent use of any part of the land or structure previously used for the discontinued use, or discontinued part of that use, must conform to the regulations of the district in which the land or structure is located. (b) If, at any time, actual abandonment in fact is evidenced by removal of structures, machinery, or equipment, or by alterations that indicate a change in the use of any part of the land or structure: (1) that action constitutes an abandonment of the nonconforming use, or affected part of that use; and (2) all rights to continue or reestablish the nonconforming use, or part of that use, immediately terminate. (c) (1) If a person reasonably believes that a nonconforming use has been, in whole or in part, discontinued or abandoned as described under this section, the person may file a report with the Zoning Administrator. (2) The report shall contain: (i) the location of the discontinued or abandoned use; (ii) a description of the discontinued or abandoned use; (iii) the date the person last observed the use; (iv) a statement by the person affirming that the person reasonably believes the use describe in subparagraph (ii) of this paragraph has not occurred in the past 12 months; and (v) the signature or signatures of the person reporting the discontinued or abandoned use. (3) Upon receipt of a complaint issued under this subsection, the Zoning Administrator shall inspect structures and uses of land to determine compliance with this Code and, where violations are found, initiate action to secure compliance. *History: Ord. 16-581* *History: Ord. 24-313* ##### §§ 18-308 to 18-309 Balt., Md., Code art. 32, § 18-308 to 18-309 (2026) Reserved ##### § 18-310 Junk or scrap storage and yards; Vehicle dismantling facilities; Landfills. Balt., Md., Code art. 32, § 18-310 (2026) (a) A junk or scrap storage and yard, a vehicle dismantling facility, or a landfill lawfully existing as of June 5, 2017, is considered a lawful nonconforming conditional use, subject to the conditions and restrictions previously imposed. (b) For a lawful nonconforming junk or scrap storage and yard or a lawful nonconforming vehicle dismantling facility: (1) structural alterations are permitted; and (2) an expansion of no more than 25% in land area is allowed if, in addition to any conditions and restrictions previously imposed: (i) the expansion is onto a property that is no more than 750 feet from the property line of the junk or scrap storage and yard or the vehicle dismantling facility; and (ii) the expansion is onto the portion of that property that is closest to the existing use. (c) For a lawful nonconforming landfill: (1) structural alterations are permitted; and (2) an expansion of no more than 35% in land area is allowed if, in addition to any conditions and restrictions previously imposed: (i) the expansion is onto a property that is no more than 750 feet from the property line of the landfill; and (ii) the expansion is onto the portion of that property that is closest to the existing use. (d) The area to be used for the expansion must be subdivided into a separate lot or, if possible, consolidated as part of the existing junk or scrap storage and yard, vehicle dismantling facility, or landfill to avoid having a use allowed on a portion of a lot but not on the whole lot. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 4 – Nonconforming Structures ##### § 18-401 Application of subtitle. Balt., Md., Code art. 32, § 18-401 (2026) (a) This subtitle does not apply to nonconforming signs. Nonconforming signs are instead regulated by Subtitle 5 of this title. (b) (1) If a nonconforming structure is also devoted in whole or in part to a nonconforming use, the structure is subject to both: (i) the provisions of this title that govern nonconforming uses; and (ii) the provisions of this subtitle. (2) In the event of any conflict or inconsistency between the provisions that govern nonconforming uses and the provisions of this subtitle, the provisions that govern nonconforming uses control. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 18-402 Continuation. Balt., Md., Code art. 32, § 18-402 (2026) Except as otherwise specified in this Code, nonconforming structures may be continued, subject to the requirements of this subtitle. *History: Ord. 16-581* ##### § 18-403 Expansion of structure. Balt., Md., Code art. 32, § 18-403 (2026) A nonconforming structure may be expanded under: (1) Title 5, Subtitle 3 {“Variances”} of this Code; or (2) § 18-411 {“Exceptions - Administrative bulk adjustments”} of this Code. *History: Ord. 16-581* *History: Ord. 22-181* *History: * ##### § 18-404 Repairs and alterations. Balt., Md., Code art. 32, § 18-404 (2026) (a) Normal maintenance and incidental repair may be performed on any nonconforming structure, as long as the maintenance or repair will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure. (b) No structural alterations may be performed on any nonconforming structure, unless: (1) the alteration is required by law; (2) the alteration is necessary to restore the structure to a safe condition on order of any official charged with protecting the public safety; (3) the alteration will result in eliminating the nonconformity; or (4) the alteration will not, in any way, create any new nonconformity, increase the degree of any nonconformity, or increase the bulk of the structure. *History: Ord. 16-581* ##### § 18-405 Restoration of damaged structures. Balt., Md., Code art. 32, § 18-405 (2026) (a) If a nonconforming structure is damaged or destroyed, the structure may be repaired or reconstructed as long as no new nonconformities are created and the existing degree of nonconformity is not increased. (b) (1) A building permit must be obtained for the repair or reconstruction within 2 years of the date of the damage or destruction. (2) The Board of Municipal and Zoning Appeals may grant an extension of this period. (c) If the building permit is not obtained within the time required by this section or the repairs not completed within 1 year of the issuance of the building permit, then the structure may not be restored unless the structure conforms to all regulations of the district in which it is located. *History: Ord. 16-581* ##### § 18-406 Relocation. Balt., Md., Code art. 32, § 18-406 (2026) A nonconforming structure may not be moved, in whole or in part, to any other location on the lot, unless the structure or the moved part of the structure is made to comply with the bulk and yard regulations of the district in which the structure is located. *History: Ord. 16-581* *History: Ord. 17-015* ##### §§ 18-407 to 18-410 Balt., Md., Code art. 32, § 18-407 to 18-410 (2026) Reserved ##### § 18-411 Exceptions – Administrative bulk adjustments. Balt., Md., Code art. 32, § 18-411 (2026) (a) A minor expansion of a nonconforming structure may be made with the administrative approval of the Zoning Administrator, as provided in this section. (b) (1) An application under this section must be filed by the property owner or with the written consent of the property owner. (2) The application must be filed with the Zoning Administrator, in the form and with the information and accompanying plans that the Zoning Administrator requires. (3) The application must include a certification by the property owner: (i) that the structure is a nonconforming structure; and (ii) that a copy of the application has been given to the owners of the adjoining properties. (4) On receipt of an application, the Zoning Administrator must promptly refer it to the Director of Planning for design review. (c) The Planning Director may recommend approval of the application if, after design review, the Director finds that the proposal: (1) is in harmony with the general character, arrangement, design, and architectural features of similar buildings within a radius of 300 feet; (2) is not contrary to the public interest; and (3) is consistent with the purposes and intent of this Code. (d) To the extent necessary or desirable to reduce or minimize any effect of a proposed expansion on other properties in the neighborhood, the Planning Director may recommend: (1) requiring changes in any design or plan of any existing structure or any alteration of the structure; and (2) imposing conditions, restrictions, and limitations governing: (i) screening or fencing; (ii) type of lighting; and (iii) any other relevant matter. (e) (1) A copy of the Planning Director’s recommendation on the application must be filed with the Zoning Administrator. (2) When issued, the Director’s decision constitutes a recommendation to the Zoning Administrator. The Zoning Administrator’s decision is a final decision for purposes of administrative appeal under Title 19, Subtitle 3 {“Administrative and Judicial Review”} of this Code. (f) (1) Failure to comply with any change, condition, restriction, or limitation imposed under this section constitutes a violation of this Code. (2) No condition, restriction, or limitation imposed under this section may be changed unless, on the filing of a new application, that change is authorized under this section. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 18-412 Exceptions – Multi-family structures. Balt., Md., Code art. 32, § 18-412 (2026) (a) (1) Except as provided in paragraph (2) of this subsection, this section applies to any structure that: (i) at any time, with or without authorization of the Board of Municipal and Zoning Appeals, has been converted for 4 or more dwelling units or, if originally built for 4 or more dwelling units, has been converted to increase the number of dwelling units; and (ii) now fails to comply with the minimum lot area requirements of the district in which it is located. (2) This section does not apply to any nonconforming structure that: (i) in compliance with this Code or before June 5, 2017, was originally designed and built as a multi-family dwelling for 4 or more dwelling units, as evidenced by permits or records of the City; and (ii) has not been altered, added to, or subdivided in any way that increases the number of dwelling units to more than the maximum now allowed under this Code. (b) If, at any time, actual abandonment is evidenced by the issuance of a use permit for fewer dwelling units: (1) that action constitutes an abandonment of the dwelling unit; (2) all rights to continue or reestablish the previous number of dwelling units immediately terminate; and (3) the number of dwelling units allowed to continue in the structure is reduced by 1. (c) This section does not apply to § 18-306(c) {“Change of use . . . Reversion prohibited.”} of this Code. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 22-181* *History: * ##### § 18-413 Structures in Hospital Campus District. Balt., Md., Code art. 32, § 18-413 (2026) All lawfully existing structures that, as of June 5, 2017, are located in a Hospital Campus Zoning District are considered to be conforming structures. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* #### Subtitle 5 – Nonconforming Signs ##### § 18-501 In general. Balt., Md., Code art. 32, § 18-501 (2026) Signs that were lawful when erected but no longer conform to the requirements of this Code must comply with the following regulations. *History: Ord. 16-581* ##### § 18-502 Alterations, replacements, relocations, etc. Balt., Md., Code art. 32, § 18-502 (2026) Any nonconforming sign may be structurally altered, reconstructed, replaced, or relocated, as long as the alteration, reconstruction, replacement, or relocation does not result in: (1) an increase in the area or any dimension of the sign; (2) an increase in the degree of illumination of the sign; (3) the addition of: (i) any moving, rotating or otherwise animated part; or (ii) any flashing, blinking, fluctuating, or otherwise animated light; or (4) any other increase in the degree of the sign’s nonconformity. *History: Ord. 16-581* ##### § 18-503 Restoration of damaged signs. Balt., Md., Code art. 32, § 18-503 (2026) If a nonconforming sign is damaged or destroyed to the extent of more than 50% of the sign’s fair market value immediately preceding the damage, the sign may not be repaired or reconstructed unless it will then conform to all applicable regulations for the district. *History: Ord. 16-581* ##### § 18-504 Continuance of certain nonconforming billboards. Balt., Md., Code art. 32, § 18-504 (2026) Any legal nonconforming billboard, as of June 5, 2017, may continue to follow the rule in § 11-207(c)(9) and (10) of the Zoning Code of Baltimore City that was in effect on June 4, 2017. *History: Ord. 16-581* *History: Ord. 18-216* #### Subtitle 6 – Nonconforming Lots ##### § 18-601 Construction of single-family dwelling. Balt., Md., Code art. 32, § 18-601 (2026) (a) This section does not apply in an Industrial District. (b) On a nonconforming lot that was established before June 5, 2017, a single-family dwelling may be erected regardless of the minimum lot area requirements imposed by this Code as long as: (1) the nonconforming lot meets all other requirements of this Code; and (2) the owner of the nonconforming lot does not also own any abutting lot that can be consolidated with the nonconforming lot. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 7 – Mandatory Termination of Certain Uses ##### § 18-701 Retail goods establishment – with alcoholic beverage sales. Balt., Md., Code art. 32, § 18-701 (2026) (a) Except as provided in subsection (b) of this section, retail goods establishments with alcoholic beverage sales in a residential district must be terminated as follows: (1) for an establishment with alcoholic beverage sales that existed as a lawful nonconforming use before June 5, 2017, no later than June 4, 2019, notwithstanding the issuance of any prior use permit as a nonconforming package goods liquor store; and (2) for an establishment that becomes nonconforming on or after June 5, 2017, whether by the enactment of this Code, by the enactment of an amendment to this Code, or by the reclassification of the property, no later than 3 years after the date on which the use became nonconforming. (b) (1) The Board of Municipal and Zoning Appeals may extend by an additional 2 years the time by which a retail goods establishment with alcoholic beverage sales must terminate the nonconforming use. (2) To obtain an extension, the property owner or lessee must apply to the Board, in writing, within 1 year after the effective date of this Code (June 5, 2017), of the amendment to this Code, or of the property reclassification, as the case may be. (3) (i) For nonconforming uses existing before June 5, 2017, the property owner or lessee seeking an extension must establish the existence of one of the following factors that would render termination within the time required by subsection (a) of this section a hardship: (A) purchase of the property after January 1, 2008, and before April 1, 2012; (B) investment in capital improvements to the property in excess of $100,000 after June 30, 2007, and before April 1, 2012; or (C) a lease that was entered into before April 1, 2012, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use. (ii) For all other uses that become nonconforming, whether by enactment of this Code, by the enactment of an amendment to this Code, or by reclassification of the property, the property owner or lessee seeking an extension must establish the existence of one of the following factors that would render termination within the time required by subsection (a) of this section a hardship: (A) purchase of the property within the 5 years immediately preceding the enactment of this Code, the enactment of the amendment to this Code, or the enactment of the property reclassification, as the case may be; (B) investment in capital improvements to the property in excess of $100,000 after June 30, 2007, and before April 1, 2012; or (C) a lease that was entered into before April 1, 2012, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 18-702 Smoke shops. Balt., Md., Code art. 32, § 18-702 (2026) (a) Except as provided in subsection (b) of this section, smoke shops located within 750 feet of any school, recreation center, or park shall be terminated no later than 2 years after the date on which the use became nonconforming. (b) (1) The Board of Municipal and Zoning Appeals may extend by an additional 1 year the time by which a smoke shop must terminate the nonconforming use. (2) To obtain an extension, the property owner or lessee shall apply to the Board, in writing, within 1 year after the property becomes nonconforming. (3) The property owner or lessee seeking an extension under paragraph (2) of this subsection shall establish the existence of 1 of the following factors that would render termination within the time required by subsection (a) of this section a hardship: (i) purchase of the property within the 3 years immediately preceding the nonconformity; (ii) investment in capital improvements to the property in excess of $100,000 before June 30, 2025, and after April 1, 2021; or (iii) a lease that was entered into before April 1, 2021, has a term remaining in excess of 10 years, and is not terminable by the lessee because of zoning changes prohibiting the use. *History: Ord. 16-581* *History: * ##### § 18-703 Taverns. Balt., Md., Code art. 32, § 18-703 (2026) (a) Nonconforming taverns must either: (1) fully comply with § 14-338 {“Taverns”} within 2 years after they become nonconforming; or (2) be terminated. (b) A waiver extending the time for compliance based on hardship may be applied for in accordance with § 18-701(b) {“Retail good establishments...: Waiver for hardship”} of this subtitle. *History: * ### Title 19 – Prohibited Conduct; Enforcement; Administrative and Judicial Review #### Subtitle 1 – Prohibited Conduct ##### § 19-101 Prohibited conduct. Balt., Md., Code art. 32, § 19-101 (2026) No person may: (1) violate any provision of this Code, of any rule, regulation, or manual adopted under this Code, or of any permit, notice, or order issued under this Code; (2) refuse, neglect, omit, or otherwise fail to comply with any provision of this Code, of any rule, regulation, or manual adopted under this Code, or of any permit, notice, or order issued under this Code; (3) resist the enforcement of any provision of this Code, of any rule, regulation, or manual adopted under this Code, or of any notice or order issued under this Code; or (4) cause any of these acts or omissions to be done. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 19-102 Each day a separate offense. Balt., Md., Code art. 32, § 19-102 (2026) Each day that a violation continues after written notice from the Zoning Administrator constitutes a separate offense. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 2 – Enforcement ##### Part I – Definitions ###### § 19-201 “Person responsible” defined. Balt., Md., Code art. 32, § 19-201 (2026) In this subtitle, “person responsible” means any owner, operator, manager, or tenant of a property or use subject to this Code, or any other person responsible for or having the care, control, or possession of that property or use, whether as a principal or as an agent, personal representative, trustee, guardian, or otherwise, and whether alone or jointly with any other person. *History: Ord. 16-581* *History: Ord. 17-015* ###### §§ 9-202 to 9-205 Balt., Md., Code art. 32, § 9-202 to 9-205 (2026) Reserved ##### Part II – Violation Notice ###### § 19-206 Issuance. Balt., Md., Code art. 32, § 19-206 (2026) (a) Whenever the Zoning Administrator learns of a violation of § 19-101 {“Prohibited conduct”} of this Code, the Zoning Administrator may issue a violation notice to: (1) the owner of record of the property, as shown on the tax records of Baltimore City; and (2) any other person who the Zoning Administrator has reason to believe is a person responsible for the violation. (b) The notice must: (1) specify the location and nature of the violation; (2) cite the provisions of this Code or of the rules, regulations, manual, permit, notice, or order that have been violated; (3) state the requirements that must be complied with to rectify the violation and the time within which the violation must be rectified; and (4) advise the recipient of the right to request a hearing within 10 days of the date on which the notice was served. (c) On receipt of a violation notice from the Zoning Administrator, the recipient must immediately take appropriate steps to correct the violation. *History: Ord. 16-581* *History: Ord. 17-015* ###### § 19-207 Service. Balt., Md., Code art. 32, § 19-207 (2026) (a) Except as otherwise specified in this Code, all notices issued by the Zoning Administrator must be served on: (1) the person for whom the notice is intended; or (2) an authorized agent or representative of that person. (b) If more than 1 person is responsible for the violation or otherwise responsible for complying with this Code, as in a case of property owned by more than 1 person, notice may be served on any 1 of those persons or on any authorized agent or representative of any of them. (c) A notice is properly served on a person if: (1) served personally on that person (or on that person’s authorized agent or representative); (2) hand-delivered to the home or business address of that person (or of that person’s authorized agent or representative); or (3) sent by certified or registered mail, return receipt requested, to the home or business address of that person (or of that person’s authorized agent or representative). (d) Adequate and sufficient notice may be made by posting a copy of the notice on the property in question if: (1) the identity or whereabouts of the person responsible is unknown; or (2) a notice that was hand-delivered or mailed under subsection (c) of this section is refused, returned unclaimed, or designated undeliverable by the post office for any reason, and neither of the following sources can provide a more accurate address: (i) the tax records of the City’s Bureau of Treasury Management, Collections Division; and (ii) the property registration files of the Department of Housing and Community Development. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* ###### § 19-208 Extension of time limit. Balt., Md., Code art. 32, § 19-208 (2026) The Zoning Administrator may extend the time within which to comply with a violation notice if, in the Administrator’s judgment, more time is needed to comply. *History: Ord. 16-581* *History: Ord. 17-015* ###### §§ 19-209 to 19-210 Balt., Md., Code art. 32, § 19-209 to 19-210 (2026) Reserved ##### Part III – Subsequent Proceedings ###### § 19-211 Remedies generally. Balt., Md., Code art. 32, § 19-211 (2026) (a) If a violation is not promptly discontinued and rectified or if a violation notice is not complied with promptly, the Zoning Administrator may institute or cause to be instituted any appropriate civil or criminal action or proceeding to secure compliance. (b) These enforcement proceedings include: (1) civil court proceedings (see § 19-213); (2) service of citations (see § 19-214; and (3) criminal prosecution (see § 19-215). *History: Ord. 16-581* *History: Ord. 17-015* ###### § 19-212 Remedies not exclusive. Balt., Md., Code art. 32, § 19-212 (2026) In pursuing a violation, the Zoning Administrator may use any one or more available remedies or enforcement actions. The initiation of any one remedy or enforcement action does not preclude pursuing any other remedy or enforcement action authorized by law. *History: Ord. 16-581* *History: Ord. 17-015* ###### § 19-213 Civil court proceedings. Balt., Md., Code art. 32, § 19-213 (2026) (a) The Zoning Administrator, on behalf of the Mayor and City Council, may file a petition in District Court to compel compliance with or obtain other relief under this Code. (b) In an action brought under this section, the court may compel compliance with this Code by: (1) issuing an order to cease and desist from a violation; and (2) granting other injunctive relief, as appropriate to: (i) prevent unlawful construction; (ii) restrain, correct, or abate a violation; (iii) prevent illegal occupancy of a structure or premises; or (iv) stop an illegal act, conduct, business, or use of a structure on or about any premises. (c) In an action brought under this section, the court may also: (1) impose a civil fine of up to $500 for each day that a violation continues; and (2) award to the City reasonable enforcement costs and attorney’s fees, whether or not the attorney is a salaried employee of the City. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-171* ###### § 19-214 Enforcement by citation. Balt., Md., Code art. 32, § 19-214 (2026) In addition to any other civil or criminal remedy or enforcement procedure, this Code may be enforced by issuance of the following: (1) an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; (2) a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}; and (3) a pre-payable criminal citation under City Code Article 19, Subtitle 71 {“Special Enforcement Officers”}. *History: Ord. 16-581* *History: Ord. 17-015* ###### § 19-215 Criminal penalties. Balt., Md., Code art. 32, § 19-215 (2026) Any person who violates any provision of § 19-101 {“Prohibited conduct”} of this title is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. *History: Ord. 16-581* *History: Ord. 17-015* #### Subtitle 3 – Administrative and Judicial Review ##### § 19-301 Administrative appeals. Balt., Md., Code art. 32, § 19-301 (2026) (a) A decision of the Zoning Administrator, including the issuance of a violation notice under Subtitle 2 {“Enforcement”} of this title, may be appealed to the Board of Municipal and Zoning Appeals by: (1) any person aggrieved by the decision; or (2) any officer or department, board, bureau, or other unit of the City affected by the decision. (b) (1) The notice of appeal must be filed as follows: (i) in the case of a violation notice, within 10 days of the date the notice was served; and (ii) in the case of any other decision, within 10 days of the date on which notice of the decision was given. (2) The notice of appeal must: (i) be filed with the Zoning Administrator, in the form that the rules of the Board of Municipal and Zoning Appeals require; and (ii) specify the grounds for the appeal. (3) Once the Zoning Administrator determines the notice of appeal is timely and complete, the Zoning Administrator must transmit the notice to the Board of Municipal and Zoning Appeals, together with all information that constitutes the record of the action appealed from. (c) (1) If the appeal is timely filed and pursued, an appeal to the Board of Municipal and Zoning Appeals stays all proceedings in furtherance of the action appealed from, except as provided in paragraph (2) of this subsection. (2) If the Zoning Administrator certifies to the Board of Municipal and Zoning Appeals that, by reason of facts stated in the certification, a stay would, in his or her opinion, cause imminent peril to life or property or is not justified by any material fact, the proceedings are not stayed, unless otherwise ordered by the Board of Municipal and Zoning Appeals or, on application to a court of competent jurisdiction, with notice to the Zoning Administrator, by the court on good cause shown. (d) (1) Within 30 days of the public hearing, the Board of Municipal and Zoning Appeals must render its decision in writing, setting forth its findings of fact and conclusions of law. If, however, the Board of Municipal and Zoning Appeals determines that additional time is needed to render a decision, the Board may, on written notice to the parties, extend the time for an additional 30 days. (2) In exercising its powers of review, the Board of Municipal and Zoning Appeals may: (i) reverse or affirm, wholly or in part, or modify the decision appealed from; and (ii) make any order, requirement, decision, or determination as ought to be made in accordance with this Code. (3) For these purposes, the Board of Municipal and Zoning Appeals has all the powers conferred by this Code on the Zoning Administrator. *History: Ord. 16-581* *History: Ord. 17-015* *History: Ord. 18-136* ##### § 19-302 Judicial review. Balt., Md., Code art. 32, § 19-302 (2026) (a) All decisions and findings of the Board of Municipal and Zoning Appeals that are made on appeals, on application for conditional uses or variances, and in all other matters on which the Board of Municipal and Zoning Appeals is required to act after public notice and hearing, are final administrative decisions, subject to judicial review. (b) Judicial review of a final administrative decision of the Board of Municipal and Zoning Appeals may be sought by: (1) any person aggrieved by the decision; or (2) any officer or department, board, bureau, or other unit of the City aggrieved by the decision. (c) (1) This review must be sought within the time and in the manner required by law and the Maryland Rules of Procedure. (2) Before the petition for judicial review is filed with the court, the petitioner must file a copy with the Board of Municipal and Zoning Appeals and the Zoning Administrator. (3) The Board of Municipal and Zoning Appeals must promptly notify the City Solicitor of the filing of every petition for judicial review. (d) (1) The filing of a petition for judicial review does not stay the proceedings for which the review is sought. (2) On motion and hearing, the court may grant a stay on good cause shown, subject to the conditions of bond or otherwise that the court considers proper. *History: Ord. 16-581* *History: Ord. 17-015* ##### § 19-303 Appellate review. Balt., Md., Code art. 32, § 19-303 (2026) Any party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. *History: Ord. 16-581* *History: Ord. 17-015*