A reference to one gender includes and applies to the other genders. Ord. 21-017

“Must” and “shall” are each mandatory terms used to express a requirement or to impose a duty. “Must not”, “may not”, and “no ... may” are each mandatory negative terms used to establish a prohibition. “May” is permissive. Ord. 21-017

The singular includes the plural and the plural includes the singular. Ord. 21-017

The captions or headings of various statutory units: are for convenience of reference only, intended to summarize the statutory provisions that follow; and are not law and are not to be taken as affecting the meaning or effect of the law. Ord. 21-017

Editor’s or Revisor’s Notes accompanying various statutory units, including any accompanying list of defined terms: are for convenience of reference only, intended to identify the sources of these provisions and highlight changes made to those sources; and are not law and are not to be taken as affecting the meaning or effect of the law. Ord. 21-017

The repeal, repeal and reenactment, or amendment of a statute does not release, extinguish, or alter a criminal or civil penalty, forfeiture, or liability imposed or incurred under the statute. A repealed, repealed and reenacted, or amended statute remains in effect for the purpose of sustaining any:criminal or civil action, suit, proceeding, or prosecution for the enforcement of a penalty, forfeiture, or liability; and judgment, decree, or order that imposes, inflicts, or declares the penalty, forfeiture, or liability. Ord. 21-017

Whenever a provision of this City Code refers to any other part of the Code or to any other law, the reference applies to any subsequent amendment of the law referred to, unless the referring provision expressly provides otherwise. Ord. 21-017

Except as provided in subsection (b) of this section:all provisions of this Code <em>{or of a regulation adopted under this Code} </em>are severable; and if a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstances is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision. Subsection (a) of this section does not apply:to the extent that a statute <em>{or regulation} </em>specifically provides otherwise; or if the court finds that the remaining provisions alone are incomplete and incapable of being executed in accordance with the legislative intent. Ord. 21-017

Throughout the Baltimore City Code, time shall be calculated in the manner provided by this subtitle, except as otherwise expressly provided. Ord. 21-017

In computing any period of time prescribed by this Code, the day of the act, event, or default after which the designated period of time begins to run is not included. If the period of time allowed is more than 7 days, intermediate Saturdays, Sundays, and legal holidays are counted. If the period of time allowed is 7 days or less, intermediate Saturdays, Sundays, and legal holidays are not counted. The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. Ord. 21-017

In determining the latest day for performing an act that is required by this Code to be performed a prescribed number of days before a certain day, act, or event, all days preceding that day, including intervening Saturdays, Sundays, and legal holidays, are counted in the number of days so prescribed. The latest day is included in the determination unless it is a Saturday, Sunday, or legal holiday, in which event the latest day is the first preceding day that is not a Saturday, Sunday, or legal holiday. Ord. 21-017

In this title, the following terms have the meanings indicated. “Agency” means:any department, board, commission, council, authority, committee, office, or other unit of City government; and any officer or other individual who exercises authority comparable to that of the head of a unit of City government. “Code” or “COBRA” means the Code of Baltimore Regulations Annotated. “Director” means the Director of Legislative Reference or the Director’s designee. “Notice of Proposed Action” means the form required for the submission of a proposed regulation to the COBRA Register as required by <cite data-path="|general|§4-301|(b)">§ 4-301(b) of this title</cite>. “Notice of Regulation Development” means the form created by the Department of Legislative Reference to initiate the regulation promulgation process as required by <cite data-path="|general|§4-205|(a)|(1)">§ 4-205(a)(1) of this title</cite>. “Promulgation” means the process of formally putting a regulation into effect. “Register” or “COBRA Register” means the document published by the Department of Legislative Reference containing regulations proposed by units of City government that provides public notice of the proposed regulations for 30 days. “Regulation” means a statement or an amendment of a statement that:has general application; has future effect; details or carries out the law that the City or an agency of the City administers; and is in any form, including:a guideline; an executive order; a requirement; a standard; a statement of interpretation; or a statement of policy. “Regulation” does not include a statement, policy, directive, or operating procedure of City government that:does not affect directly the rights of the public or the procedures available to the public; and either:concerns only internal management of City government; or requires compliance by City employees with provisions limited to attendance, conduct, training, discipline, or internal procedure. Ord. 20-431 Ord. 22-125 Ord. 23-269

This title applies only to regulations adopted by an agency that is authorized by law to adopt regulations. If a law authorizes an agency to implement or enforce that law, the agency may adopt a regulation to implement or enforce that law even if the authority to adopt the regulation is not expressly stated in that law. This title does not apply to any regulation adopted under the authority provided by federal or State law, to the extent that the federal or State law requires an adoption procedure that differs from the procedures required under this title.

Except as provided in <cite data-path="|general|§4-404">§ 4-404 {“Removal of obsolete provisions”} of this title</cite>, the repeal of all or part of a previously adopted regulation shall be subject to the requirements and procedures set forth in this title. Ord. 20-431

A regulation is not effective unless it contains a citation of the legal authority for the regulation. Ord. 20-431 Ord. 23-269

Except as otherwise provided in <cite data-path="|general|§4-203">§ 4-203 of this subtitle</cite>, regulations shall be written in plain language and shall conform to the style set forth in a style manual adopted by the Department of Legislative Reference. Ord. 20-431 Ord. 21-055 Ord. 23-269

In this section, “incorporate by reference” means the method by which a regulation makes provisions of another document part of the regulation by reference to the other document. An agency may incorporate by reference another document within a regulation if:both the Director and the agency find that restating the text or graphics of the document within the regulation would be unduly cumbersome, expensive, or otherwise inexpedient; the reference within the regulation fully identifies the:incorporated document by title and date of publication or issuance; and the page or pages of the incorporated document the regulation comprises; the reference clearly states which part or parts of the document are being incorporated, if the agency intends to incorporate only a portion of a document; and the agency maintains a copy of the incorporated document that is:available for public inspection on the agency’s website; and indexed in plain language so that the public may easily search for the location of different topics contained in the regulation. An agency may incorporate later amendments or editions of a document previously incorporated by reference within a regulation only after compliance with the proposal, notice and publication, and adoption procedures set forth in this title. Ord. 21-055

A proposed regulation may not contain more than one subject matter. Ord. 20-431 Ord. 21-055

Before submitting a proposed regulation for inclusion in the Register, an agency shall submit the following to the Department of Legislative Reference for revision and approval of style and format:the text of a proposed regulation; and a Notice of Regulation Development in the form and with the content required by the Director. Upon receipt of the materials described in paragraph (1) of this subsection, the Department of Legislative Reference shall forward the Notice of Regulation Development to the City Solicitor for initial approval as to the legal authority to promulgate regulations. After a proposed regulation is approved by the Department of Legislative Reference as required by paragraph (1) of this subsection, an agency shall then submit the proposed regulation to:the City Solicitor for approval as to form and legal sufficiency; and the City Administrator for approval. If an agency fails to comply with this section or if the Department of Legislative Reference or the City Solicitor fails to approve the regulation as specified in subsection (a):the proposed regulation may not be adopted; and if adopted, is not effective. Ord. 20-431 Ord. 21-055 Ord. 23-269

After a proposed regulation has been approved by the Department of Legislative Reference, the City Solicitor, and the City Administrator, as described in <cite data-path="|general|§4-205">§ 4-205 of this title</cite>, the agency shall submit the proposed regulation to the Department of Legislative Reference for publication in the Register to solicit public comment for at least 30 days. To have a proposed regulation published in the Register, an agency shall submit to the Department of Legislative Reference:the proposed regulation; and a Notice of Proposed Action in the form and containing the information required by the Department of Legislative Reference. An agency shall publish the text of a proposed regulation on the agency’s website no later than 3 business days after the date that the proposed regulation is published in the Register. Ord. 20-431 Ord. 23-269

Publication of the notice required by this subtitle: creates a rebuttable presumption that the proposed regulation was adopted properly; and is deemed to give a person who is subject to or affected by the proposed regulation notice of the contents of the proposed regulation. Ord. 20-431 Ord. 22-124

There is a COBRA Register that contains regulations proposed by units of City government. The Department of Legislative Reference shall publish the Register once per calendar month. The Department of Legislative Reference shall distribute the Register each month by:posting a copy of the Register on the Department of Legislative Reference’s website; and providing a copy of the Register to:each City councilmember; each public library in the City; the City Solicitor; and the City Administrator. In general. Except as provided in paragraph (2) of this subsection, the Register shall contain:a publication date; the proposed regulation or regulations; and a Notice of Proposed Action for each proposed regulation. If there are no proposed regulations during a calendar month, the Department of Legislative Reference shall distribute a copy of the Register in accordance with subsection (b)(2) of this section that contains:a publication date; and a memorandum stating that no regulations were proposed during the respective calendar month. The Department of Legislative Reference shall determine procedures regarding the creation, publication, and distribution of the Register. Ord. 23-269

In this section, “Committee” means the Committee on Legislative Investigations, established by City Code <cite data-path="|1|§1-4">Article 1, § 1-4 {“Committee on Legislative Investigations”}</cite>. On receipt of written notification or notifications by the Chair of the Committee from at least 3 councilmembers within 15 days from the receipt of the Register described in § 4-303 {“COBRA Register”}, a 60-day period of review of the proposed regulation shall commence before the Committee. A review under this section may include holding a public hearing before the Committee. In its review under this section, the Committee shall consider whether the proposed regulation:conforms with the legal authority of the agency; and reasonably complies with the legislative intent of the law under which the regulation was proposed. During the Committee’s 60-day review period, the proposed regulation may not be adopted nor may it become effective. On the expiration of the 60-day period, the agency may proceed with the formal adoption of the proposed regulation as provided in this title. Ord. 20-431 Ord. 22-124 Ord. 23-269

After the notice and comment period described in <cite data-path="|general|§4-301">§ 4-301 {“Notice of proposed regulation”} of this subtitle</cite> has expired, if an agency makes changes to the text of the proposed regulation, the agency shall submit the changed proposed regulation to the City Solicitor. The City Solicitor shall determine whether the change in the proposed regulation is a material change. If the City Solicitor determines that an agency has made a material change to the text of a proposed regulation, the agency may not adopt the proposed regulation unless it is proposed anew, re-published, and adopted in accordance with the requirements of this title. If, after the notice and comment period, the agency has not made a change in the proposed regulation or if the City Solicitor determines that a change in the proposed regulation is not material, the agency may adopt and implement the proposed regulation only after:securing the written approval of the agency head; and filing the regulation with the Director for COBRA codification. If an agency fails to adopt a proposed regulation within 180 days after the date the proposed regulation was initially published in the Register, the regulation shall be deemed withdrawn and may not be adopted unless proposed anew and adopted in accordance with the requirements of this subtitle. Ord. 20-431 Ord. 21-055 Ord. 23-269

In this section, “state of emergency” means a period of time in which:a proclamation has been issued by the Governor declaring a state of emergency under Title 14, Subtitle 3 of the State Public Safety Article {“Governor’s Emergency Powers”}; a proclamation has been issued by the Governor declaring a catastrophic health emergency under Title 14, Subtitle 3A of the State Public Safety Article {“Governor’s Health Emergency Powers”}; or an order or proclamation has been issued by the Mayor declaring a state of emergency under § 14-111 {“Local state of emergency”} of the State Public Safety Article. During a state of emergency, an agency may suspend the provisions of this title and adopt temporary regulations if:the underlying cause of the state of emergency requires its adoption; and the public interest will be materially harmed if the regulation does not take effect immediately. Any temporary regulation adopted under this section is effective on:approval by the City Solicitor for form and legal sufficiency; approval by the Department of Legislative Reference for form and use of plain language; signature by the agency; and filing with the director. Except as provided in subparagraph (ii) of this paragraph, any temporary regulation adopted under this section expires and no longer has legal effect on the 90<sup>th</sup> day after the state of emergency has been lifted. If, within the 90 days after a state of emergency has been lifted, an agency submits a temporary regulation to the City Solicitor and the Department of Legislative Reference as set forth in § 4-205 {“Submission before publication”} and <cite data-path="|general|§4-301">§ 4-301 {“Notice of proposed regulation”} of this title</cite> and otherwise follows the notice and publication procedures set forth in this title to adopt that regulation as permanent, the regulation does not expire as stated in subparagraph (i) of this paragraph. Ord. 20-431 Ord. 22-124 Ord 23-269

Except as provided in <cite data-path="|general|§4-306">§ 4-306 {“Emergency regulations”} of this title</cite>, if the agency proposing a regulation has fulfilled the requirements set forth in § 4-205 {“Submission before publication”} and <cite data-path="|general|§4-301">§ 4-301 {“Notice of Proposed Regulation”} of this title</cite> regulation is effective on submission to the Director for COBRA codification, unless a later effective date is specified by law or in the adopted regulation. Ord. 20-431 Ord. 21-055 Ord. 23-269

The Code of Baltimore Regulations Annotated is established. The Director shall publish a Code of Baltimore Regulations Annotated (COBRA) that includes:each then-current regulation adopted by an agency; any other document that the Director determines should be included; any explanatory annotation the Director deems necessary; and an index by agency and subject matter. The Code shall be published on the Department of Legislative Reference’s website. Ord. 20-431

After providing notice to, and in consultation with, the City Solicitor and the relevant agency, the Director may correct non-substantive drafting, style, or typographical errors within the Code. Ord. 20-431

With the approval of the City Solicitor, an agency may request that the Director remove from the Code:a part of a regulation that has been held unconstitutional by a court of competent final jurisdiction; or a regulation whose specific enabling law has been repealed. The requesting agency shall state with particularity why the regulation is obsolete and, if approved for removal by the City Solicitor, the Director shall include that reason as an annotation within the Code. Ord. 20-431 Ord. 22-124

For the Code-wide standard for severability of provisions, see <cite data-path="|general|§1-214">§ 1-214 of this Article</cite>.

In <cite data-path="|health">this article</cite>, the following terms have the meanings indicated. Ord. 99-548

“Commissioner” means the Commissioner of Health or the Commissioner’s designee. Ord. 99-548 Ord. 22-125

“Department” means the Baltimore City Department of Health. Ord. 99-548 Ord. 22-125

“Physician” means an individual authorized by law to practice medicine in the State of Maryland. Ord. 99-548 Ord. 22-125

“Police officer” includes, to the extent of that individual’s authority, any individual authorized to act as a Special Enforcement Officer under City Code <cite data-path="|19|§71-1">Article 19, § 71-1 {“Special Enforcement Officers — Appointment; duties”}</cite>. Ord. 99-548 Ord. 22-125

In interpreting and applying <cite data-path="|health">this article</cite>, the following rules of interpretation apply: those contained in Subtitles 2 and 3 of the City Code’s <cite data-path="|general">General Provisions Article</cite>; and any additional rules contained in this subtitle. Ord. 99-548 Ord. 22-125

In their interpretation and application, the provisions of <cite data-path="|health">this article</cite> must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. If any condition imposed by a provision of <cite data-path="|health">this article</cite> is either more or less restrictive than a comparable condition imposed by any other provision of <cite data-path="|health">this article</cite> or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. Ord. 99-548 Ord. 22-125

Whenever <cite data-path="|health">this article</cite> requires the use of “registered mail” or “certified mail”, either method may be used. Ord. 99-548 Ord. 22-125

<cite data-path="|health">This article</cite> may be cited as the “<cite data-path="|health">Health Code of Baltimore City”.</cite> Ord. 99-548

There is a Department of Health, as established in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§54">Article VII, § 54 of the City Charter</cite>. Ord. 99-548

The head of the Department is the Commissioner of Health, who is appointed as provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§55">Article VII, § 55 of the City Charter</cite>. Ord. 99-548

The Commissioner may appoint deputies, assistants, professional employees, and other officers and employees as provided in the Ordinance of Estimates. While on duty, all officers and employees of the Department must have and, on request, display official identification denoting their employment. City Code, 1976/83, art. 11, §3 Ord. 99-548

There is a Suicide Prevention Coordinator within the Health Department. The Suicide Prevention Coordinator shall:collaborate with system partners to support behavioral health system management; and work to prevent suicides and mental health crises. The Suicide Prevention Coordinator is authorized to:reach out to community organizations, groups and agencies to inform them about available resources regarding suicide prevention; coordinate and provide suicide prevention trainings and trainings regarding the relationship between trauma and suicide as needed; carry out new public awareness prevention strategies; distribute resource materials as appropriate; generally collaborate with:the State Behavioral Health Administration’s Office of Suicide Prevention; the Baltimore Police Department; the Fire Department; local emergency departments; Baltimore Crisis Response; the Baltimore City Public School System; academic partners; people with mental health conditions; and other local agencies and services; collaborate with the Health Department’s Child Fatality Review team and the Health Department’s Maternal Mortality Review team to develop and implement prevention plans; collaborate with emergency departments, pediatricians, primary care physicians, the Baltimore City Public School System, and colleges and universities to encourage screening for suicidality and to establish continuity of care for patients at risk of suicide; develop and coordinate a data collection and analysis plan to determine trends regarding suicides and suicide attempts; develop a plan of action to reduce suicides in Baltimore City; provide consultations to mental health, school, juvenile, and social services professionals; represent the Health Department in interagency meetings and committees; support system accountability to ensure that services are responsive to the behavioral health needs of Baltimore City residents; work with diverse populations in Baltimore City to actively decrease stigma associated with mental health; and fulfill other related duties as assigned by the Health Commissioner. The Health Commissioner may elect to contract with the local behavioral health authority to fill the Suicide Prevention Coordinator position. Ord. 21-063 This section was enacted by Ord. 21-063, effective July 1, 2022.

Under <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§56">Article VII, § 56 of the City Charter</cite>, the Commissioner has the general care of and responsibility for: enforcing all laws for the preservation of the health of the inhabitants of the City; the study and prevention of disease, epidemics, and nuisances affecting public health; and establishing and implementing policies for:treating and preventing physical and mental illnesses; and educating the public about environmental, physical, and mental health. Ord. 99-548

In addition to any duties set forth elsewhere, the Commissioner has the following duties: to observe and inspect areas in and near the City that might be health hazards; to enforce all laws relating to health and the correction of health hazards; in the absence of a law needed to correct a health hazard, to report and recommend to the Mayor any extraordinary action needed; to investigate and report all cases of communicable diseases and take immediate action to stop their spread; to remove and abate nuisances; and to report to and advise the Mayor and other City authorities on all matters relating to the preservation of the health of the people. City Code, 1976/83, art. 11, §1(exc. last cl.) Ord. 99-548

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commissioner may adopt and enforce rules and regulations to carry out <cite data-path="|health">this article</cite>. Ord. 99-548 Text Conformed 03/10/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The Commissioner may, at all reasonable times, enter any structure or premises within the City:whenever the Commissioner has reason to believe that a health hazard, nuisance, or violation of <cite data-path="|health">this article</cite> exists in or is emanating from that structure or premises; to inspect any property, facilities, equipment, operations, animals, records, or other things required or authorized by <cite data-path="|health">this article</cite> to be inspected; or otherwise as necessary or appropriate to enforce <cite data-path="|health">this article</cite>. In this subsection, “dwelling” has the meaning stated in <cite data-path="|health|§5-301|(b)">§ 5-301(b) of this article</cite>. The entry and inspection of a dwelling must be made in accordance with § 104.6 {“Right of entry”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>. A search warrant must be obtained in accordance with § 104.6 {“Right of entry”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>, except as otherwise specified in that section. City Code, 1976/83, art. 11, §26(e), inter alia, art. 11, §105, art. 19, §9 Ord. 99-548 Ord. 02-475 Ord. 13-093

On notice from the Commissioner, any practicing physician in the City must provide information, advice, and assistance to the Commissioner in all matters that relate to the preservation of the health of the people and the prevention of communicable diseases. City Code, 1976/83, art. 11, §1(last cl.) Ord. 99-548

Baltimore City Police Officers are directed to execute all orders of the Commissioner that relate to the preservation of the health in the City. City Code, 1976/83, art. 11, §4 Ord. 99-548

No person may knowingly obstruct, resist, or interfere with the Commissioner or any officer or employee of the Department while carrying out their powers and duties. City Code, 1976/83, art. 11, §5(1st cl.) Ord. 99-548

No person may, without authority to do so: use any identification issued to employees of the Department; or otherwise represent him- or herself as an employee of the Department. City Code, 1976/83, art. 11, §3(3rd par., 1st cl.) Ord. 99-548

No person may refuse, neglect, or otherwise fail to comply with any order or notice issued under <cite data-path="|health">this article</cite> by or under the authority of the Commissioner. City Code, 1976/83, art. 11, §6(1st cl.) Ord. 99-548

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties provided in this Part III. Ord. 99-548

Except as otherwise specified in this Part III, the penalty for a violation of this subtitle is a fine of not more than $500 for each offense. City Code, 1976/83, art. 11, §3(3rd par.(last cl.)), §5(last cl.) Ord. 99-548

Unless a higher penalty is specified in <cite data-path="|health">this article</cite> for the same offense, the penalty for a violation of <cite data-path="|health|§2-207">§ 2-207 {“Failure to comply with order or notice”} of this subtitle</cite> is a fine of not more than $200 for each offense, plus $50 for each day that the offense continues. City Code, 1976/83, art. 11, §6(last cl.) Ord. 99-548

Except as otherwise specified in <cite data-path="|health">this article</cite>, this subtitle applies whenever:a person is aggrieved by a notice, order, decision, or other action of the Department; or the Department proposes to deny, revoke, suspend, or refuse to renew a license or permit. This subtitle does not apply to matters that:relate to the Health Department’s Office of Animal Control, or otherwise arise under Title 10 {“Animal Control and Protection”} of <cite data-path="|health">this article</cite>. Ord. 99-548 Ord. 15-322

Before the Commissioner takes any final action to deny, revoke, suspend, or refuse to renew a license or permit, the Commissioner must notify the person against whom the action is contemplated of the proposed action. The notice must:be in writing; and state that a hearing will be provided if, within 10 days of the notice (or any longer period specified in the notice), the person files with the Commissioner a written request for a hearing. In all other situations, any person aggrieved by a notice, order, decision, or other action of the Department may request a hearing on the matter. The request must:be in writing; state the grounds on which the person is contesting the notice, decision, order, or other action; and unless a different time is specified in <cite data-path="|health">this article</cite>, be filed with the Commissioner within 10 days of the notice, decision, order, or other action. Ord. 99-548

Hearings may be conducted by:the Commissioner; or a hearing officer designated by the Commissioner. The Commissioner may delegate to a hearing officer the authority to issue:proposed or final findings of fact; proposed or final conclusions of law; proposed or final findings of fact and conclusions of law; proposed or final orders; or the final administrative decision of the Department. Ord. 99-548

The Commissioner must provide all parties reasonable written notice of the hearing. The notice must state:the date, time, place, and nature of the hearing; the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|health|§2-305">§ 2-305 of this subtitle</cite>; and that failure to appear for the scheduled hearing may result in an adverse action against the party. Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be:open to the public; and conducted in an orderly but informal manner. Ord. 99-548

Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply. On a genuine issue of fact, a party is entitled to:call witnesses; offer evidence, including rebuttal evidence; cross-examine any witness that another party or the Department calls; and present summation and argument. The Commissioner or hearing officer:may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; may not exclude evidence solely on the basis that it is hearsay; must give effect to a privilege recognized by law; may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and may exclude evidence that is:incompetent; irrelevant; immaterial; or unduly repetitious. Ord. 99-548

A final decision must:be in writing; and contain separate statements of:the findings of fact; the conclusions of law; and the decision or order. A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record. Ord. 99-548

A party aggrieved by a final decision under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 99-548 Ord. 04-672

In this subtitle, “nursing home” means: a comprehensive care facility, as defined in <cite data-doc="Code of Maryland Regulations" data-path="10.07.02.01|B.|(6)">COMAR 10.07.02.01B(6)</cite>; an assisted living program, as defined in <cite data-doc="Code of Maryland Regulations" data-path="10.07.14.02|B.|(10)">COMAR 10.07.14.02B(10)</cite>; and an extended care facility, as defined in <cite data-doc="Code of Maryland Regulations" data-path="10.07.02.01|B.|(12)">COMAR 10.07.02.01B(12)</cite>. City Code, 1976/83, art. 11, §100A(a) Ord. 99-548

From June 1 through September 30 of each year, every nursing home must maintain and operate, throughout all rooms and areas that are occupied or used by residents, a cooling system that maintains a temperature of less than 82° F. City Code, 1976/83, art. 11, §100A(a)(7), (b) Ord. 99-548

The Commissioner must develop standards and requirements for the following items used in nursing homes:patient lifting and mobility equipment; bathroom and shower equipment; and linens and toiletries. Every nursing home must comply with the standards and requirements adopted under this section. City Code, 1976/83, art. 11, §100A(c) Ord. 99-548

Any person who violates any provision of this subtitle is subject to a civil fine of not more than $1,000 for each offense. Each day that a violation continues is a separate offense. City Code, 1976/83, art. 11, §100A(d) Ord. 99-548

The Commissioner of Health may establish health clinics and centers in the City. City Code, 1976/83, art. 11, §51(1st sen.) Ord. 99-548

The Commissioner must adopt guidelines and procedures for the administration and operation of these clinics and centers. Among other matters, the guidelines and procedures must govern:the eligibility of individuals for services; and the fees to be charged for those services. City Code, 1976/83, art. 11, §51(1st sen.), (2nd sen.(part)) Ord. 99-548

Fees for services at City clinics and centers: may not exceed the actual cost of the services; and must be approved by the Board of Estimates. City Code, 1976/83, art. 11, §51(2nd sen.(part)) Ord. 99-548

To prevent morbidity or mortality constituting a threat to public health, the Commissioner of Health, with the approval of the Mayor may: rent or erect suitable structures for temporary hospitals or places to receive the sick or infected; and require sick or infected individuals to be moved to these temporary hospitals or places. City Code, 1976/83, art. 11, §196(1st, 2nd cls.) Ord. 99-548

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may, with the approval of the Mayor, adopt rules and regulations to govern: all temporary hospitals or places established under this section; and all individuals residing in or in any way concerned with them. City Code, 1976/83, art. 11, §196(1st, 3rd cls.) Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

If an individual cannot be moved without danger to his or her health, the house or place where he or she remains is considered to be a temporary hospital for purposes of this subtitle. City Code, 1976/83, art. 11, §196(2nd cl.) Ord. 99-548

Any person who violates a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Each day that a violation continues is a separate offense. City Code, 1976/83, art. 11, §204 Ord. 99-548

In this subtitle, “limited-service pregnancy center” means any person: whose primary purpose is to provide pregnancy-related services; and who:for a fee or as a free service, provides information about pregnancy-related services; but does not provide or refer for:abortions; or nondirective and comprehensive birth-control services. Ord. 09-252

A limited-service pregnancy center must provide its clients and potential clients with a disclaimer substantially to the effect that the center does not provide or make referral for abortion or birth-control services. The disclaimer required by this section must be given through 1 or more signs that are:written in English and Spanish; easily readable; and conspicuously posted in the center’s waiting room or other area where individuals await service. Ord. 09-252

If the Health Commissioner learns that a pregnancy center is in violation of this subtitle, the Commissioner shall issue a written notice ordering the center to correct the violation within 10 days of the notice or within any longer period that the Commissioner specifies in the notice. Ord. 09-252

The failure to comply with an order issued under <cite data-path="|health|§3-503">§ 3-503 {“Violation notice”} of this subtitle</cite> may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 09-252

In this subtitle, the following terms have the meanings indicated. “Abnormal EPSDT screening” means a medical screening done as part of an EPSDT regimen that produces:inconclusive results; ambiguous results; or results that require further testing. “Baltimore City Public School System” or “BCPSS” means the public school district of the City of Baltimore. “Early and Periodic Screening, Diagnosis, and Treatment” or “EPSDT” means the provision of preventive health care under 42 CFR Subpart B {“Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) of Individuals Under Age 21”}, including medical and dental services to assess growth and development and to detect and treat health problems in Medicaid beneficiaries under 21 years old. “Family planing” means providing individuals with the information and means to prevent an unwanted pregnancy and to maintain reproductive health. “Follow-up care” means:any treatment or practice recommended as medically necessary to address abnormal or positive results of an EPSDT screening by a licensed healthcare professional; and the process of attempting to ascertain if the recommended services have been obtained. “Maryland Healthy Kids Preventive Health Schedule” means the schedule set by the State Department of Health’s Healthy Kids Program as a minimum EPSDT practice for all Maryland Medicaid recipients under 21 years of age, consisting of:standard health screenings; physical exams; laboratory tests; immunizations; and health education. “Medically necessary” means that a health service is:directly related to diagnostic, preventive, curative, palliative, rehabilitative, or ameliorative treatment of an illness, injury, disability, or health condition; consistent with currently accepted standards of good medical practice; the most cost efficient service that can be provided without sacrificing effectiveness or access to care; and not primarily for the convenience of the consumer, family, or provider. “Positive EPSDT screening” means a medical screening conducted by a licensed health professional as part of an EPSDT regimen that produces positive results indicating the presence of the tested-for condition. “Preventive Health Services” means proactive care to detect potential health problems and protect and maintain a patient’s current health, including:screenings for health conditions; counseling for chronic conditions; regular health checkups; and immunizations. “Primary health services” means a basic level of health care, including diagnostic, treatment, consultative, referral, and preventive health services, generally rendered by 1 or more:general practitioners; family practitioners; internists; gynecologists; pediatricians; physician assistants; and nurse practitioners. “School-based health center” means a facility providing medical care that:is located on the grounds of a BCPSS facility; provides on site primary and preventive health care, referrals, and follow-up services; may provide on site dental care or behavioral health care, referrals, and follow-up services; and has been approved by the Maryland Department of Health. “School health services professional” or “school health professional” means a physician, certified nurse practitioner, or registered nurse with experience, special training, or both in working with children and families in community or school health programs and practices in accordance with the current State medical and nursing standards of care.

The following health services may be provided at any school-based health center:comprehensive preventive and primary health services, including administration of vaccines according to the Maryland Healthy Kids Preventative Health Schedule; access to family planning, dental, and mental health services; and access to vision care at the written request of a child’s guardian.

For any positive or abnormal EPSDT screening of a student, the school health professional that performed the screening shall communicate the need for follow-up care, as appropriate and in accordance with all laws related to minor consent, to either or both of:the student; or the student’s parent or guardian. If a school health services professional determines that an additional screening or health check-up is necessary for a student, the professional shall make a recommendation for an additional screening or health check-up to the student or the student’s parent or guardian, as appropriate.

Subject to Title 4 {“Administrative Procedure Act B Regulations”} of the City General Provisions Article, the Commissioner of the Baltimore City Health Department may adopt rules and regulations to carry out this subtitle.

The making of a report as required or permitted by this title is not a breach of a patient’s confidentiality. Except as otherwise required by law, all reports made under this title are confidential and not open to public inspection. City Code, 1976/83, art. 11, §§205(e)(1st cl.), 206(h), 211(e) Ord. 99-548

All reports must be made in writing, in the form that the Commissioner requires. In addition to any other information specified in this title or required by the Commissioner, all reports must contain the following patient information, to the extent known:name; place of dwelling; date of birth or, if not known, approximate age; sex; race/ethnicity; and occupation. City Code, 1976/83, art. 11, §§187(a), 188, 206(c), 209(a) Ord. 99-548

The Commissioner may inspect the records of any person or facility subject to this title to determine compliance with this title. City Code, 1976/83, art. 11, §§206(i), 211(f) Ord. 99-548

Every physician must report to the Commissioner of Health every confirmed or suspected diagnosis of any disease or condition that, the Commissioner specifies by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> for purposes of this section . Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of the diagnosis. In addition to the information required by <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>, the report must contain the following information:the identity of the disease or condition; and the date of its onset. City Code, 1976/83, art. 11, §187(a) Ord. 99-548 Text Conformed 03/10/21 Text of subsection (a) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

The chief administrative officer of each hospital, related institution, clinic, pharmacy, or other health care facility must appoint an individual from the facility’s full-time staff to serve as the facility’s reporting officer. The reporting officer must report to the Commissioner every confirmed or suspected diagnosis of any disease or condition that the Commissioner specifies by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> for purposes of this section. Except for specified diseases or conditions that the Commissioner or State law requires to be reported on a more timely basis, the report must be made within 48 hours for all patients who have been:newly admitted to the facility; admitted to an isolation ward; treated on an emergency or out-patient basis; or discharged without having been previously reported. In addition to the information required by <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>, the report must contain the following information:the identity of the disease or condition; and the date of its onset. The reporting of a disease or condition under this section does not absolve the attending physician of the duty to report the same disease or condition under <cite data-path="|health|§4-201">§ 4-201 {“Physicians”} of this subtitle</cite>. City Code, 1976/83, art. 11, §205(a) - (d), (e)(2nd cl.) Ord. 99-548 Text Conformed 03/10/21 Text of subsection (b) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

The individual in charge of any public or private medical laboratory must report to the Commissioner the result of any test of a specimen from a human body that is microscopic cultural, histological, pathological, immunological, serological, or other confirmed or suspected evidence of any disease or condition that the Commissioner specifies by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> for purposes of this section. Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of obtaining the test results. When more than 1 specimen is taken from the same patient during a single disease episode, the individual in charge of the laboratory need not report every test result that shows evidence of the same disease if:at least 1 positive test report is reported; and the Commissioner approves in writing the reporting of less than all test results. In addition to the information required by <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>, the report must contain the following information:the date and type of test performed; the results of the test; the name and address of the physician for whom the examination was performed; and if applicable, an enumeration of colonies of acid-fast bacilli, according to Diagnostic Standards of the American Thoracic Society. The result of a laboratory test:is not to be considered a final diagnosis; and does not absolve the attending physician of the duty to report her or his diagnosis of the case under <cite data-path="|health|§4-201">§ 4-201 {“Physicians”} of this subtitle</cite>. City Code, 1976/83, art. 11, §206(a) - (d) Ord. 99-548 Text Conformed 03/10/21 Text of subsection (a) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

The Commissioner may require that cultures containing acid-fast bacilli be referred to the Maryland State Laboratory unless they have been identified in accordance with standards set by the Commissioner. The referral of cultures does not:satisfy the reporting requirements of <cite data-path="|health|§4-203">§ 4-203 {“Laboratories — in general”} of this subtitle</cite>; or excuse delay in transmitting a presumptive culture result to the attending physician. City Code, 1976/83, art. 11, §206(e) Ord. 99-548

In this section, “lodging facility” means any:hotel or motel; rooming house; apartment house; dwelling house; or public or private institution in which individuals abide temporarily or permanently. The individual in charge of a lodging facility must report to the Commissioner anyone in the lodging facility who is suffering from any disease or condition that the Commissioner specifies by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> for purposes of this section. Unless a different time is set by the Commissioner or by State law, the report must be made within 24 hours of the individual’s being told or otherwise becoming aware of the disease or condition. City Code, 1976/83, art. 11, §§188, 189 Ord. 99-548 Text Conformed 03/10/21 Text of subsection (b) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

This section does not apply to a vessel that is in medical isolation. The master, chief officer, or consignee of a vessel must report to the Commissioner anyone on board who is suspected of suffering from a communicable disease. The report must be made immediately on the vessel’s coming within ¼ mile of any dock, wharf, or building in the City. In addition to the information required by <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>, the report must contain the following information:the name and location of the vessel; the name of the suspected communicable disease; and the name and condition of all individuals on board suffering from the disease. City Code, 1976/83, art. 11, §190 Ord. 99-548

If a medical laboratory performs mycobacterial drug susceptibility tests of cultures that are identified as <em>M. tuberculosis</em> and that have not been referred to the Maryland Laboratories Administration for this determination, the individual in charge of the laboratory must report the test results to the Commissioner. Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of obtaining the test results. City Code, 1976/83, art. 11, §206(f) Ord. 99-548

The individual in charge of any public or private pharmacy, other than a facility operated by the Department, must report to the Commissioner of Health whenever it dispenses any anti- tuberculosis medication that the Commissioner specifies by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> for purposes of this section. Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of having dispensed the medication. In addition to the information required by <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>, the report must contain the following information:the type, and strength of medication issued; the daily dosage; the dosing schedule; the total amount prescribed; the name and address of the physician who issued the prescription; and the date the medication was dispensed. The prescription of medication:is not to be considered a final diagnosis; and does not absolve the attending physician of the duty to report her or his diagnosis of the case under <cite data-path="|health|§4-201">§ 4-201 {“Physicians”} of this subtitle</cite>. City Code, 1976/83, art. 11, §211(a) - (c) Ord. 99-548 Text Conformed 03/10/21 Text of subsection (a) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

A physician who treats a patient with tuberculosis must:thoroughly investigate all individuals who might have been exposed to the patient at home, work, or otherwise; or request the Commissioner to undertake this investigation. If the physician undertakes the investigation required by this section, the physician must report the results to the Commissioner. In addition to any other information that the Commissioner requires, the report must contain:evidence that an investigation has been thoroughly conducted; the identity of the source case; and the following information about each individual tested:the date and type of test performed; the results of the test; and the personal information listed in <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>. City Code, 1976/83, art. 11, §207(a), (b) Ord. 99-548

If a patient with a confirmed or suspected diagnosis of tuberculosis leaves a ward, emergency room, or outpatient department of a hospital or other institution without the consent or against the advice of a physician or other individual in charge, the physician or other individual in charge must notify the Commissioner of the patient’s departure. Unless a different time is set by the Commissioner or by State law, the notice must be given within 24 hours of the patient’s departure. The Commissioner may take whatever action is needed to protect the public from that patient. City Code, 1976/83, art. 11, §208(a) Ord. 99-548

If any patient being treated for tuberculosis discontinues treatment before the period that the Commissioner sets for that treatment, the attending physician must notify the Commissioner of the discontinuance. Unless a different time is set by the Commissioner or by State law, the notice must be given within 24 hours of the discontinuance. The Commissioner may take whatever action is needed to protect the public from that patient. City Code, 1976/83, art. 11, §210(a) Ord. 99-548

Every physician or medical examiner must report to the Commissioner if he or she believes that an individual he or she attended or examined has died of tuberculosis. Unless a different time is set by the Commissioner or by State law, the report must be made within 48 hours of the death or the discovery of the disease, whichever is later. In addition to the information required by <cite data-path="|health|§4-102">§ 4-102 {“Form and contents of reports”} of this title</cite>, the report must contain the place of death. City Code, 1976/83, art. 11, §209(a) Ord. 99-548

In this subtitle, “communicable disease” means any contagious, infectious, or communicable disease or condition that the Commissioner specifies by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> for purposes of this subtitle. Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

The Commissioner may investigate any report of a case or suspected case of a communicable disease or communicable disease carrier, to determine the source of infection and the need for restricting movement or isolating affected individuals. City Code, 1976/83, art. 11, §213(1st sen.) Ord. 99-548

Except as specified in paragraph (2) of this subsection, this section applies to any individual:who has or whom the Commissioner of Health suspects on reasonable grounds of having a communicable disease; who is or whom the Commissioner suspects on reasonable grounds of being a communicable disease carrier; or who is or whom the Commissioner suspects on reasonable grounds of having been in contact with any individual described in item (i) or (ii) of this subsection. This section may not be applied to interfere with any individual who is a bona fide practicing Christian Scientist and who receives treatment from registered Christian Science practitioners. On request of the Commissioner, any individual described in subsection (a) of this section must, for the purpose of determining if she or he has a communicable disease or is a carrier:undergo a medical examination; and submit specimens of body fluids, secretion, excretion, or discharge for laboratory examination. The medical examination may be made by:the Commissioner or a physician selected by the Commissioner; or at the option of the individual to be examined, any physician qualified to make this sort of examination. The examining physician must promptly report the results of the examination to the Commissioner. City Code, 1976/83, art. 11, §§213(1st sen.), 214(2nd sen.) Ord. 99-548

Whenever a communicable disease is found to exist, the Commissioner may: take all possible action to prevent the disease from spreading; and give public notice of the disease and of affected places, by all means that the Commissioner believes would be effective, including the posting of affected places. City Code, 1976/83, art. 11, §197(1st cl.) Ord. 99-548

Whenever an infectious agent is discovered in any dwelling or other building that is overcrowded, in a filthy and neglected state, or located in an unhealthy or crowded part of the City, the Commissioner, with the approval of the Mayor, may require the inhabitants of the building to move elsewhere while the City cleans and disinfects the building. All expenses incurred under this section for moving, temporary housing, cleaning, and disinfecting are to be borne by the City. City Code, 1976/83, art. 11, §194 Ord. 99-548

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may require the medical isolation of individuals having a communicable or potentially communicable disease or condition dangerous to the public health. City Code, 1976/83, art. 11, §212(1st par.(1st cl.)) Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In any court proceeding brought to enforce a medical isolation, all papers filed with the court: must be sealed; and may be inspected only by order of the court, on notice to the individual named in those papers and for good cause shown. City Code, 1976/83, art. 11, §212(2nd par.) Ord. 99-548

No person may: refuse, neglect, or otherwise fail to undergo an examination as required by § 4-403{“Examinations of individuals”} of this subtitle; remove or deface any notice posted under <cite data-path="|health|§4-404">§ 4-404 {“Action to prevent spread; public notice of disease”} of this subtitle</cite>; refuse, neglect, or otherwise fail to comply fully with an order for medical isolation issued under authority of <cite data-path="|health|§4-406">§ 4-406 {“Medical isolation”} of this subtitle</cite>; needlessly expose others to the risk of a communicable disease, whether by exposure of him- or herself, another person, a dead body, or any infected material; or otherwise, by reason of non-cooperation or carelessness, endanger the public health. City Code, 1976/83, art. 11, §§192(2nd cl.), 197(2nd cl.), 212(1st par.(2nd cl.)), 215 Ord. 99-548

Immunizations are a proven preventive measure in reducing the morbidity and mortality associated with childhood communicable diseases. Accordingly, to safeguard the public health and welfare, the City needs to attain and sustain an immunization coverage rate of at least 90% for age-appropriate vaccinations among infants and preschool children residing in the City. City Code, 1976/83, art. 11, §215A(a) Ord. 99-548

Except as specified in <cite data-path="|health|§4-506">§ 4-506 {“Exceptions”} of this subtitle</cite>, every parent and guardian must provide for the timely and appropriate immunization of their minor children against all immunization-preventable childhood diseases, as specified by rule or regulation that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>. City Code, 1976/83, art. 11, §199 Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In enforcing this Part II, each child who is not properly immunized as required is considered a separate offense. Ord. 99-548

In adopting rules and regulations under this Part II, the Commissioner must consider the recommendations of the Advisory Committee on Immunization Practices. Ord. 99-548

This Part II does not apply: to any child whose parent or guardian, in accordance with the rules and regulations of the State Secretary of Health and Mental Hygiene, objects to immunization on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices; or if, because of a child’s medical condition, the administration of an immunizing agent could precipitate a medical emergency. Ord. 99-548

The Commissioner of Health is directed to adopt rules and regulations under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> to implement a registry of immunization history for children residing in the City. City Code, 1976/83, art. 11, §215A(b) Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Each pediatric, family, and general health care provider must report to the Commissioner whenever that provider administers an immunizing agent to any child who is less than 5 years old and resides in the City. The report must be made within 14 days after administering the immunizing agent. City Code, 1976/83, art. 11, §215B Ord. 99-548

Any health care provider who violates any provision of this Part III or of a rule or regulation adopted under it is subject to a civil penalty of not more than $1,000 for each violation. In addition to imposing a fine, the court may:issue an order for withholding publicly distributed vaccines or pediatric primary care funding or both vaccines and funding; and order the Department to conduct a medical records audit of the health care provider, the cost of the audit to be paid by the health care provider. Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part III. City Code, 1976/83, art. 11, §215C Ord. 99-548 Ord. 00-020

Except as specified in <cite data-path="|health|§4-603">§ 4-603 {“Exceptions”} of this subtitle</cite>, every parent and guardian must provide for the timely and appropriate testing for lead poisoning of his or her minor children, as specified by the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>. Ord. 00-020 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Except as specified in <cite data-path="|health|§4-603">§ 4-603 {“Exceptions”} of this subtitle</cite>, every pediatric and primary care health provider must order the timely and appropriate testing for lead poisoning of his or her minor patients, as specified by the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>. Ord. 00-020 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

This Part I does not apply to any child whose parent or guardian, in accordance with the rules and regulations of the State Secretary of Health and Mental Hygiene, objects to testing on the ground that it conflicts with the parent’s or guardian’s bona fide religious beliefs and practices. Ord. 00-020

In enforcing this Part I, each child who is not properly tested as required is considered a separate violation. § 4-601{“Parental responsibility”} of this subtitle may be enforced by issuance of an environmental citation under <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”} of the City Code. Any provider who violates any provision of <cite data-path="|health|§4-602">§ 4-602 {“Provider’s responsibility”} of this subtitle</cite> or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation. Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part I. Ord. 00-020

The Commissioner of Health is directed to adopt rules and regulations under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> to implement a registry of screening history for children residing in the City. Ord. 00-020 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Each medical laboratory must report to the Commissioner whenever that laboratory tests for lead poisoning any child who is less than 7 years old and who resides in the City. The report must:be made within 14 days after the test is conducted; and contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations. Ord. 00-020

In this section, “child care facility” means any facility that:provides for the care, custody, or control of a minor child; and is required to be licensed by or registered with the State for that purpose. Subject to the criteria contained in paragraph (1) of this subsection, “Child care facility” includes any:child care center; child care home; child care institution; family day care home; non-public nursery school; or non-public kindergarten. Each child care facility must report to the Commissioner whenever that facility receives a State Health Inventory or other report that contains information on whether a child who resides in the City has been tested for lead poisoning. The report must:be made within 14 days after the State Health Inventory or other report is received by the facility; and contain the information that the Commissioner requires, as specified by the Commissioner’s rules and regulations. Ord. 00-020

Any person who violates any provision of this Part II or of a rule or regulation adopted under it is subject to a civil penalty of not more than $100 for each violation. Subtitle 9 {“Penalties”} of this title does not apply to violations of this Part II. Ord. 00-020

Every 2 years, the Health Commissioner shall test all activated water fountains at each of 10 randomly-selected public schools. Testing shall be conducted at the expense of the Baltimore City School System. Ord. 04-647

Any water fountain that fails to meet EPA standards must be taken out of service. Ord. 04-647

In this subtitle, the following terms have the meanings indicated. “Suspect symptoms” means those symptoms that, by rule or regulation adopted under <cite data-path="|health|§2-106">§ 2-106 of this article</cite>, the Commissioner designates as being indicative of a possible biological terrorist attack. Ord. 01-259 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Unless the Commissioner’s rules or regulations specify otherwise, each report required by this subtitle must be made daily for all events occurring within the preceding 24 hours. Each report required by this subtitle must be made electronically, by a method and in the form the Commissioner’s rules or regulations specify. Each report required by this subtitle must contain:all of the information specified in this subtitle for that report; and all other information that the Commissioner requires by rule or regulation. Ord. 01-259

The Emergency Medical System of the Baltimore City Fire Department must report to the Commissioner on all calls made to assist individuals who evidence suspect symptoms. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate number of calls subject to the report; and for each of these calls, the specific suspect symptom or symptoms identified. Ord. 01-259

The Department of Public Works, the Department of Transportation, and the Health Department’s Bureau of Animal Control must report to the Commissioner on animal carcasses that the Commissioner specifies by rule or regulation. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate number of carcasses subject to the report; and the number of carcasses for each species. Ord. 01-259 Ord. 15-435

The Baltimore City Public School System must report to the Commissioner on all elementary school absences. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate percentage of absences Citywide; and the percentage of absences by grade. Ord. 01-259

The Baltimore City Community Health Centers must report to the Commissioner on all patients who evidence suspect symptoms. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate number of patients subject to the report; and for each of these patients, the specific suspect symptom or symptoms identified. Ord. 01-259

The reporting officer of each hospital, related institution, clinic, or other health care facility, as appointed under <cite data-path="|health|§4-202">§ 4-202 of this title</cite>, must report to the Commissioner on all emergency department visits by individuals who evidence suspect symptoms. In addition to any other information required by rule or regulation, the report must specify for each reporting period:the aggregate number of patients subject to the report; and for each of these patients, the specific suspect symptom or symptoms identified. Ord. 01-259

The individual in charge of any public or private pharmacy must report to the Commissioner on all sales of any over-the-counter medication that the Commissioner designates by rule or regulation as being a medication used for the treatment of suspect symptoms. In addition to any other information required by rule or regulation, the report must specify, for each medication sold during a reporting period:the type and strength of that index medication; and the aggregate number of units sold during the reporting period. Ord. 01-259

Except as otherwise specified in this title, any person who violates any provision of this title is guilty of a misdemeanor and, on conviction, is subject to the penalties provided in this subtitle. Ord. 99-548 Ord. 00-020

Except as otherwise specified in this title, the penalty for a violation of this title is a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense. City Code, 1976/83, art. 11, §187(b), inter alia Ord. 99-548 Ord. 00-020 Ord. 01-259

The penalty for a violation of <cite data-path="|health|§4-503">§ 4-503 {“Parental responsibility”} of this title</cite> is a fine of not more than $500 for each offense. City Code, 1976/83, art. 11, §204(2nd cl.) Ord. 99-548 Ord. 00-020

In this title, the following terms have the meanings indicated. “Nuisance” includes any of the following, whether or not otherwise regulated by federal, state, or local law:garbage, rubbish, or other waste, as these terms are defined in Title 7 {“Waste Control”} of <cite data-path="|health">this article</cite>; vermin infestations or other unsanitary conditions; water or other liquid leaks or spills; or any other health or safety hazard. “Person in charge”, when used with reference to any property, means all persons who own that property or who have possession, charge, care, or control of that property, whether as a personal representative, trustee, guardian, agent, or otherwise, and whether alone or jointly with any other person. “Property” means all forms of real and personal property and possessions, “Property” includes lots, structures, streets, wharves, docks, and other places. City Code, 1976/83, art. 11, §112(1st cl.) Ord. 99-548

The Commissioner of Health is responsible for: inspecting all property in the City, as the Commissioner considers necessary or appropriate to discover nuisances; and requiring the removal of all nuisances so discovered. City Code, 1976/83, art. 11, §§101, 102(1st cl.) Ord. 99-548

Every person in charge of any property is obligated, jointly and severally with all other persons in charge of that property, to: remove or abate all nuisances on or originating from the property; and comply with all health- or safety-related laws that affect the property. City Code, 1976/83, art. 11, §112(3rd cl.) Ord. 99-548

Whenever the Commissioner of Health discovers a condition that the Commissioner considers to be a nuisance or potential nuisance, the Commissioner may issue a written notice to one or more of the following persons or their respective agents: the person in charge of the property on which the condition exists; the person in charge of the property from which the condition originates; and the person in charge of any property that fronts on the street in which the condition exists. City Code, 1976/83, art. 11, §§102(2nd cl.), 108(1st cl.(part)) Ord. 99-548

A notice issued under this subtitle must: identify the property and the condition; specify the law being violated; specify the corrective action to be taken; state the time within which that action must be taken; and state that, if corrective action is not timely taken:the Commissioner may do the needed work; and all costs and expenses will be a lien on the property. City Code, 1976/83, art. 11, §102(2nd cl.) Ord. 99-548

A notice issued under this subtitle may be served by personal service or by certified mail, return receipt requested. If the person to be served cannot be found, the Commissioner may:post the notice on the property; or publish the notice in a newspaper of general circulation in the City. Ord. 99-548

If the condition is not corrected within the time specified in the notice, the Commissioner may proceed to remove or abate the condition at the expense of the person in charge of the property. City Code, 1976/83, art. 11, §§102(3rd cl.), 110(3rd cl.), 114 Ord. 99-548

The person in charge is liable to the City for all costs and expenses incurred in:removing or abating the condition identified in the notice; and posting or publishing notice under <cite data-path="|health|§5-204">§ 5-204 {“Service of notice”} of this subtitle</cite>. Until paid in full, these costs and expenses are a lien on the entire property from which the condition was removed or abated. City Code, 1976/83, art. 11, §§102(4th cl.), 110(3rd cl.), 111 Ord. 99-548

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}. The issuance of an environmental citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 99-548

Any person in charge who refuses, neglects, or otherwise fails to comply with a notice issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. City Code, 1976/83, art. 11, §102(5th cl.) Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Dwelling” has the meaning stated in § 202.2 of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>. “Dwelling” includes any dwelling unit or rooming unit. “Dwelling unit” has the meaning stated in § 202.2 of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>. “Rooming unit” has the meaning stated in § 202.2 of the Baltimore City <cite data-path="|building-codes|VII">Property Maintenance Code</cite>. City Code, 1976/83, art. 11, §105(f) Ord. 99-548 Ord. 02-475 Ord. 07-552 Ord. 13-093 Ord. 15-426 Ord. 15-427

This subtitle applies only to dwellings and does not in any way modify or affect the authority of the Commissioner of Health to enter and inspect any building, structure, or premises other than a dwelling. City Code, 1976/83, art. 11, §105(e) Ord. 99-548

The Commissioner may: enforce all provisions of the Baltimore City <cite data-path="|building-codes|VII">Property Maintenance Code</cite>; and issue violation notices and orders under that Code to:abate, remove, or otherwise deal with nuisances and emergencies affecting the public health; and maintain and augment public health programs, such as rodent control, lead paint poisoning prevention, environmental sanitation, and housing hygiene. City Code, 1976/83, art. 11, §104(1st cl.) Ord. 99-548 Ord. 02-475 Ord. 13-093

Whenever the Commissioner has reason to believe that a nuisance exists in any dwelling, the Commissioner has the same authority to enter and inspect that dwelling as does the Commissioner of Housing and Community Development. The entry and inspection of a dwelling must comply with the requirements of <cite data-path="|health|§2-107">§ 2-107 {“Right of entry”} of this article</cite>. City Code, 1976/83, art. 11, §105(a) Ord. 99-548

In this section, “related law” has the meaning stated in § 104.6.2 {“Authority to seek warrant”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>. No inspector who gains entrance to a dwelling for the purpose of investigating a nuisance may obtain or furnish evidence of, or testify to, any offense other than:a violation of <cite data-path="|health">this article</cite> or of any related law; a felony; or a misdemeanor involving an act of violence that is committed in the inspector’s presence. City Code, 1976/83, art. 11, §105(d)(1st sen.) Ord. 99-548 Ord. 02-475 Ord. 13-093

In this subtitle, the following terms have the meanings indicated. “Lead-based paint” has the meaning stated in § 6-801(j) of the State Environment Article. City Code, 1976/83, art. 11, §72(part) Ord. 99-548

No person may possess, offer for sale, sell, or give away in the City any lead-based paint unless it bears the following or substantially equivalent warning: “Warning — Contains Lead. Harmful if Eaten. Do not apply on any interior surfaces of a dwelling, or of a place used for the care of children, or on window sills, toys, cribs, or other furniture.” City Code, 1976/83, art. 11, §72 Ord. 99-548

The warning required by this subtitle must: appear in a conspicuous place on the paint’s immediate container; form an integral part of the printed label on that container; and be printed in letters that are legible and that conspicuously contrast with any other printing on the container. City Code, 1976/83, art. 11, §§73, 74(2nd sen.) Ord. 99-548

No label on a container of lead-based paint may indicate in any way that the product is suitable for interior surfaces of dwellings or for interior surfaces of any places used for the care of children. City Code, 1976/83, art. 11, §75 Ord. 99-548

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. City Code, 1976/83, art. 11, §77 Ord. 99-548

No person may spit on: any footpath or sidewalk of any public street or public square; the floor or anywhere else in any public building under the control of the Mayor and City Council of Baltimore; the floor, platform, or steps of any railroad, bus, or other common carrier or of any depot or station; the floor or steps of any theater, store, factory, or other building that is used in common by the public; the floor of any hall or office used in common by the guests of a hotel or lodging house. City Code, 1976/83, art. 11, §138 Ord. 99-548

No person may urinate or defecate on or about: any public place, way, or park; or the mall or adjacent parking area of any shopping center. City Code, 1976/83, art. 19, §171A(a)(1st cl.) Ord. 99-548

A parent or guardian may not knowingly permit a minor for whom the parent or guardian is responsible to violate <cite data-path="|health|§5-503">§ 5-503 {“Urinating or defecating in public places — in general”} of this subtitle</cite>. City Code, 1976/83, art. 19, §171A(b)(3)(i) Ord. 99-548

A police officer who finds any minor violating <cite data-path="|health|§5-503">§ 5-503 {“Urinating or defecating in public places — in general”} of this subtitle</cite> must order the minor to stop the violation. If the minor fails to comply with the order, the police officer may take him or her into custody. After the information needed to carry out the purposes of this subtitle has been recorded, the minor must be:promptly released to his or her parent or guardian, with written notice to the parent or guardian of the violation; and referred to the Baltimore City Police Department’s court sanctioned pre-intake adjustment program. City Code, 1976/83, art. 19, §171A(b)(1), (2) Ord. 99-548

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 99-548 Ord. 03-595

Any person who violates any provision of <cite data-path="|health|§5-501">§ 5-501 {“Spitting in public places”} of this subtitle</cite> is guilty of a misdemeanor and, on conviction, is subject to:for a first offense, a fine of not more than $25; and for a second and any subsequent offense, a fine of not more than $50. Any adult who violates <cite data-path="|health|§5-503">§ 5-503 {“Urinating or defecating in public places — in general”} of this subtitle</cite> is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 30 days or to both fine and imprisonment for each offense. Any parent or guardian who violates <cite data-path="|health|§5-504">§ 5-504 {“Urinating or defecating in public places — parents or guardians of minors”} of this subtitle</cite> within 12 months after receiving written notice of the minor’s having violated <cite data-path="|health|§5-504">§ 5-504 {“Urinating or defecating in public places — in general”} of this subtitle</cite> is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $200 for each offense. City Code, 1976/83, art. 11, §140, art. 19, §171A(b)(3)(ii), (5) Ord. 99-548 Ord. 10-340

In this subtitle, the following terms have the meanings indicated. “Collection of water” means any collection of standing or running water. “Collection of water” includes water contained in any ditch, roof or other gutter, pond, pool, excavation, depression, fountain, tank, well, barrel, tire, urn, can, box, bottle, tub, bucket, or other similar container. City Code, 1976/83, art. 11, §94 Ord. 99-548

The purpose of this subtitle is to get rid of the discomfort, annoyance, and health hazards that are caused by mosquitoes. City Code, 1976/83, art. 11, §93(1st cl.) Ord. 99-548

Every person in charge of any property is obligated, jointly and severally, to comply with the requirements of this subtitle. City Code, 1976/83, art. 11, §93( 2nd par.( 2nd cl.)) Ord. 99-548

No person in charge may keep or permit to be kept any collection of water in which mosquitoes are likely to breed, unless the collection of water is treated to effectively prevent breeding. City Code, 1976/83, art. 11, §93(3rd par.) Ord. 99-548

The method for treating a collection of water to prevent mosquitoes from breeding must be one or more of the following: emptying all water at least once every 5 days; using a larvicide approved by and applied in accordance with the requirements of the United States Environmental Protection Agency; cleaning and keeping the water free of vegetable growth and other obstructions and stocking with mosquito-destroying fish (the absence of half-grown or larger mosquito larvae to be evidence of having complied with this method); filling or draining to the satisfaction of the Commissioner of Health; removing, at least once every 5 days, all tin cans, tin boxes, broken or empty bottles, and similar articles likely to hold water; screening with wire netting of at least 16 meshes to the inch each way; screening with any other material that will prevent the ingress or egress of mosquitoes; or any other method that the Commissioner approves. City Code, 1976/83, art. 11, §95 Ord. 99-548

The natural presence of mosquito larvae in standing or running water is evidence that mosquitoes are breeding there. Within 5 days of notice from the Commissioner, the person in charge of the premises must act to prevent further breeding. City Code, 1976/83, art. 11, §96 Ord. 99-548

Whenever the Commissioner discovers a condition that could give rise to the breeding of mosquitoes, the Commissioner must issue a written notice to the person in charge, as provided in Subtitle 2 {“Nuisance Abatement — Generally”} of this title. City Code, 1976/83, art. 11, §97(part) Ord. 99-548

If the condition is not corrected within 10 days of the notice, the Commissioner may proceed to correct the condition at the expense of the person in charge. All costs and expenses incurred by the Commissioner are a lien on the property as provided in Subtitle 2 {“Nuisance Abatement — Generally”} of this title. City Code, 1976/83, art. 11, §97 Ord. 99-548

Any person who refuses, neglects, or otherwise fails to comply with a notice issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Each day that a violation continues is a separate offense. City Code, 1976/83, art. 11, §§98(2nd, 3rd cls.), 100 Ord. 99-548

Every person in charge of any property is obligated, jointly and severally, to comply with the requirements of this subtitle. Ord. 99-548

No person in charge of any land may allow: any grass, weeds, or other rank vegetation on that land to reach a height of 8 inches or more; or any grass, weeds, or other rank vegetation on an abutting sidewalk, gutter, or alley to reach a height of 4 inches or more. City Code, 1976/83, art. 11, §161(1st cl.) Ord. 99-548 Ord. 15-427

Every person in charge of any land must keep that land free from ragweeds, wild mustard, wild lettuce, wild parsley, common thistle, milkweed, poison ivy, and all other noxious weeds. The person in charge must destroy any noxious weeds on the land by:spraying with a chemical compound approved by and applied in accordance with the requirements of the United States Environmental Protection Agency; cutting and removal; digging under; or any other method that the Commissioner approves. City Code, 1976/83, art. 11, §161(2nd cl.) Ord. 99-548

Whenever the Commissioner of Health discovers a violation of this subtitle, the Commissioner may issue a written notice to the person in charge, as provided in Subtitle 2 {“Nuisance Abatement — Generally”} of this title. City Code, 1976/83, art. 11, §§162(1st sen.), 163 Ord. 99-548

If the condition is not corrected within 10 days of the notice, the Commissioner may notify the Director of Public Works, who must proceed to correct the condition at the expense of the person in charge. Grass, weeds, and other rank vegetation must be cut to a height of not more than 3 inches. All costs and expenses incurred by the Director of Public Works are a lien on the property as provided in Subtitle 2 {“Nuisance Abatement — Generally”} of this title. City Code, 1976/83, art. 11, §162(2nd sen.) Ord. 99-548

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. Except as specified in subsection (c) of this section, the penalty for a violation is a fine of not more than $500 for each offense. For a person who receives a notice under §5-704 {“Notice to person in charge”} of this subtitle and fails to comply with that notice, the penalty is a fine of not more than $1,000 for each offense. City Code, 1976/83, art. 11, §161(2nd par.) Ord. 99-548

The person in charge of any premises or lot must keep the sidewalk and gutters bounding on the premises or lot open and free from waste or obstructions and clean at all times. City Code, 1976/83, art. 11, §118, art. 19, §175 Ord. 99-548

No person may use or keep on that person’s property any liquid or solid matter that is or that, after exposure to the atmosphere or otherwise, is likely to become offensive or otherwise a nuisance. This section applies to, among other things, any:blood; refuse coal oil; dead animal or part of an animal; domestic or sanitary sewage; excrement; filth; foul or nauseous liquid; garbage; slaughter house or other trade cleanings; stagnant water; or other offensive matter of any kind. City Code, 1976/83, art. 11, §§119, 120, 123, 125 Ord. 99-548

Every person who keeps a cow, horse, or other livestock in the City must keep the animal and its stable or other housing in such a way that no filth or stench becomes offensive to or annoys any neighbor or other person. City Code, 1976/83, art. 11, §122 Ord. 99-548

No person may place or cause or allow to be placed on any street any noxious or objectionable matter that from its acid content or otherwise might be injurious or harmful to any person or to the clothing, household furnishings, or personal effects of any person. City Code, 1976/83, art. 11, §121(1st sen.) Ord. 99-548

“Plastic bag” means any bag that is:intended for household use or for packaging garments or other articles intended for household use; larger than 6 inches in diameter at the open end; and made of film less than 1 mil (0.001 inch) thick. No person may package, deliver, or sell in a plastic bag any article for use in or around the household or sell or distribute any plastic bag for use in or around the household unless the bag bears a warning as required by this section. The warning must warn the consumer against the hazard of suffocation by children in the following or substantially equivalent wording: The warning must be printed on, attached to, or accompany each plastic bag or each package of plastic bags delivered to the consumer. The warning must be prominently and conspicuously displayed in bold face type, in accordance with the following table: <table> <thead> <tr> <th>Combined length and width of bag</th> <th>Minimum Size of Lettering</th> </tr> </thead> <tbody> <tr> <td>Less than 30 inches</td> <td>10 points</td> </tr> <tr> <td>30 inches or more, but less than 40 inches</td> <td>14 points</td> </tr> <tr> <td>40 inches or more, but less than 60 inches</td> <td>18 points</td> </tr> <tr> <td>60 inches or more</td> <td>24 points</td> </tr> </tbody> </table> City Code, 1976/83, art. 19, §118 Ord. 99-548

No person may place or permit anyone else to place in any location that is outside of a dwelling or other building and accessible to children any abandoned, unattended, or uncrated ice box, refrigerator, or freezer cabinet equipped with a door or lock that cannot be opened from the inside. City Code, 1976/83, art. 19, §33(1st sen.) Ord. 99-548

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. Except as otherwise specified in this section, the penalty for a violation is a fine of not more than $500 for each offense. For a person who receives a notice under Subtitle 2 of this title to correct a violation of any provision of this subtitle and fails to comply with that notice, the penalty is a fine of not more than $1,000 for each offense. For a person who violates any provision of <cite data-path="|health|§5-906">§ 5-906 {“Abandoned refrigerators, etc.”} of this subtitle</cite>, the penalty is a fine of not more than $500 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. Each day that a violation of § 5-906 continues is a separate offense. City Code, 1976/83, art. 19, §33(2nd, 3rd sens.) Ord. 99-548

In this title, the following terms have the meanings indicated. “Excluded organization” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.02|B.|(28)">COMAR 10.15.03.02B(28)</cite>. “Food” means any natural or artificial substance or ingredient, whether raw, cooked, or processed, that is used or sold or intended for use or sale, in whole or in part, for human consumption. “Food” includes:ice; beverages; and chewing gum or any substance used as a component of chewing gum. “Food” does not include any:alcoholic beverage, as defined in State Code <cite data-path="|2">Article 2</cite>B, § 1-102(a)(2); or drug, as defined in § 21-101(g) of the State Health-General Article. “Food service facility” has the meaning stated in <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.02|B.|(34)">COMAR 10.15.03.02B(34)</cite>. “Food service manager” means an individual designated by a food service facility to exercise operational supervision of the facility. “License” means a license issued under this title to operate a food service facility. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this title “person” also includes, except as used in <cite data-path="|health|§6-802">§ 6-802 {“Penalties”} of this title</cite>, a governmental entity or an instrumentality or unit of a governmental entity. City Code, 1976/83, art. 11, §§64(1st, 2nd cls.), 165 Ord. 99-548 Ord. 14-308 Ord. 22-125

The Commissioner of Health is responsible for: inspecting, regulating, and licensing food service facilities; obtaining food samples and testing their qualities by chemical or microscopical examination as the Commissioner considers necessary or appropriate; and generally enforcing this title and any applicable State regulations. City Code, 1976/83, art. 11, §61(1st sen.) Ord. 99-548 Ord. 14-308

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner, consistent with this title and State law: must designate the classes of licenses to be issued for various types of food service facilities; and may include provisions that govern the construction, design, operation, and maintenance of food service facilities. City Code, 1976/83, art. 11, §61(2nd sen.) Ord. 99-548 Ord. 06-185

The Commissioner, all other officers of the Department, and any inspector or police officer authorized by the Commissioner may, at all reasonable hours, enter, have full access to, and inspect:any structure, premises, or vehicle in which food is or is believed to be prepared, manufactured, processed, stored, packaged, handled, or distributed; and any railroad car, truck, wagon, or other vehicle that is or is believed to be used for the conveyance or delivery of food. During any inspection, the Commissioner, officer, inspector, or police officer may take food samples of up to 1 pound of each item for inspection, testing, or analysis. City Code, 1976/83, art. 11, §§63, 165(j) Ord. 99-548

The Commissioner may condemn, confiscate, and either destroy or denature any food that:fails to comply with any requirement of this title; or is possessed by any person who is violating any provision of this title. No person may hide, remove, or assist in hiding or removing any food that has been condemned by the Commissioner. Nothing in this section imposes on the Commissioner the duty or expense of confiscating any food condemned by the Commissioner. City Code, 1976/83, art. 11, §§60, 65(2nd cl.) Ord. 99-548

Except as otherwise provided in this section, no person may operate a food service facility without a license to do so from the Commissioner of Health. A food service facility may operate without a license issued by the Commissioner of Health if it:is operated by an excluded organization; and has, in accordance with <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.26|A.">COMAR 10.15.03.26A</cite>, elected to operate without a license and in compliance with the minimum food safety requirements of <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.26|B.">COMAR 10.15.03.26B</cite>-E. A license may not be transferred from place to place or person to person. City Code, 1976/83, art. 11, §165(b)(1)(1st sen.) Ord. 99-548 Ord. 06-185 Ord. 14-308

An applicant for a license must:submit an application on the form that the Commissioner provides; and pay the applicable processing fees. In addition to any other information that the Commissioner requires, the application must contain building and installation plans and specifications. City Code, 1976/83, art. 11, §165(c)(1st, 2nd, 4th(part) sens.) Ord. 99-548

On receipt of an application, the Commissioner must inspect the food service facility to determine compliance with all applicable laws, rules, and regulations. To determine the degree of risk that a food service facility poses for a food-borne disease occurrence, the Commissioner must assess each food service facility and classify it in one of the following priority assessment categories, as defined in <cite data-doc="Code of Maryland Regulations" data-path="10.15.03.33">COMAR 10.15.03.33</cite>:high priority facilities, which are at high risk for a food-borne disease occurrence; moderate priority facilities, which are at moderate risk for a food-borne disease occurrence; and low priority facilities, which are at low risk for a food-borne disease occurrence. City Code, 1976/83, art. 11, §165(a)5, (c)(3rd sen.) Ord. 99-548 Ord. 14-308

The Commissioner must issue a license to the applicant if: the requirements of all applicable laws, rules, and regulations have been met; and the applicant pays the applicable annual fee. City Code, 1976/83, art. 11, §165(c)(4th sen.) Ord. 99-548

While a license is in effect, it authorizes the operation of the food service facility in accordance with the approved plans and specifications. City Code, 1976/83, art. 11, §165(b)(1)(2nd sen.(last cl.)) Ord. 99-548 Ord. 06-185

No person may materially alter a food service facility (e.g., install new or additional equipment, make structural changes, or change the type of operation) without a permit to do so from the Commissioner. The application for a permit under this section must be:submitted on the form that the Commissioner provides; contain the information that the Commissioner requires; and be accompanied by the applicable permit fee. City Code, 1976/83, art. 11, §165(c)(parts) Ord. 99-548

Unless sooner suspended or revoked, a license expires on the 1<sup>st</sup> anniversary of its effective date. Before a license expires, the licensee periodically may renew it for an additional 1-year term, if the license holder:otherwise is entitled to a license; submits a renewal application to the Commissioner, on the form that the Commissioner provides; and pays the applicable annual fee. City Code, 1976/83, art. 11, §165(b)(1)(2nd sen.(1st cl.)), (d)(5)(part) Ord. 99-548

If a licensed food service facility is sold or otherwise transferred to a new owner, the new owner may apply for a short-term, provisional license to permit the continued operation of the facility pending the Commissioner’s inspection of the facility. Unless sooner suspended or revoked:the term of a provisional license is 60 days; and the license may be renewed for one additional 60-day term. Ord. 06-185

Each high priority or moderate priority food service facility must employ a food service manager. City Code, 1976/83, art. 11, §165(a)2b(part) Ord. 99-548

A food service manager who is employed by a high priority or moderate priority food service facility must, within 90 days of becoming employed by the facility, be certified by the Commissioner of Health in accordance with this subtitle. City Code, 1976/83, art. 11, §165(b)(2), (b-1)(1) Ord. 99-548

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner must include rules and regulations for:the certification and recertification of food service managers; and the denial, suspension, and revocation of certifications. These rules and regulations must include:minimum requirements for instruction and examination in food-borne disease prevention, sanitation, hygiene, and food service management; and reciprocity provisions for certifications granted by a political subdivision of this State that has established a food service manager certification program approved by the Commissioner. City Code, 1976/83, art. 11, §165(b-1)(2), (3) Ord. 99-548 Text Conformed 03/10/21 Text of subsection (a) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

A food service manager certificate may only be issued in the name of an individual. City Code, 1976/83, art. 11, §165(b-1)(6)(1st cl.) Ord. 99-548

Unless sooner suspended or revoked, a food service manager certificate expires on the 3<sup>rd</sup> anniversary of its effective date. City Code, 1976/83, art. 11, §165(b-1)(6)(2nd cl.) Ord. 99-548

Instructors of food service managers must be certified in the same manner as food service managers. City Code, 1976/83, art. 11, §165(b-1)(4) Ord. 99-548

When applying for a license to operate a food service facility or applying for a permit to undertake material alterations, the applicant must pay an application fee to help defray the cost of processing the plans and specifications, conducting a risk assessment, reviewing hazard analysis critical control point (HACCP) plans, or undertaking an initial inspection. The applicant must pay an additional fee for each reinspection needed before the license or permit can be approved. The amount of these fees are as set from time to time by the Commissioner, with the approval of the City Council. City Code, 1976/83, art. 11, §165(d)(4) Ord. 99-548 Ord. 06-185 Ord. 14-308

Subject to § 6-404 {“Reduced fee for certain tax exempt entities”} and <cite data-path="|health|§6-405">§ 6-405 {“Waived fee for certain day care centers”} of this subtitle</cite>, the annual license fee for each class of food service facility is as set from time to time by the Commissioner, with the approval of the City Council. City Code, 1976/83, art. 11, §165(a)12(2nd sen.), (d)(1) Ord. 99-548 Ord. 00-033 Ord. 06-185

This section applies to an entity described in subsection (b) of this section only as long as that entity maintains tax exempt status under § 501(c)(3) of the Internal Revenue Code. For the following tax exempt entities, the annual license fee may not exceed $50:any charitable food facility that provide meals to low-income individuals for no charge, such as soup kitchens, soup pantries, or shelter homes; any youth organization whose membership is composed of minors and that operates temporary facilities for the purpose of raising funds to support the organization; and any child group day care center that is licensed to provide care and supervision to school age and preschool age children. City Code, 1976/83, art. 11, §165(a)8 - 11, (d)(2) Ord. 99-548 Ord. 06-185

As long as the Maryland Department of Human Resources continues to contract with the City Department of Health for 2 or more environmental sanitarians to inspect and monitor child group day care centers in the City, the annual license fee for those centers is waived. City Code, 1976/83, art. 11, §165(d)(3) Ord. 99-548

Any licensee who is required to pay a license fee and who fails to renew the license within 5 days of its expiration must pay an additional late fee for each day after the expiration date that the license remains unrenewed. The amount of the late fee is as set from time to time by the Commissioner, with the approval of the City Council. City Code, 1976/83, art. 11, §165(d)(5) Ord. 99-548 Ord. 00-033 Ord. 06-185 06-247

Fees imposed for certification of food service managers are as set by the Commissioner. City Code, 1976/83, art. 11, §165(b-1)(5) Ord. 99-548

The Commissioner must promptly account for and pay to the Director of Finance all fees received under this subtitle. The Director of Finance must credit these fees to a special fund entitled “Food Service Facilities”, to be used:to cover the cost of licensing, inspecting, and regulating food service facilities; and to help defray the cost of environmental health inspection programs that affect food service facilities. The Director of Finance must submit a quarterly accounting of this fund to the Chair of the Budget and Appropriations Committee of the City Council. City Code, 1976/83, art. 11, §165(d)(6), (7) Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Adulterated food” means any food that:has been prepared, manufactured, processed, stored, packaged, handled, distributed, or sold under insanitary conditions that reasonably could be expected to have contaminated it; is considered to be adulterated within the meaning of the Maryland Food, Drug, and Cosmetic Act; or otherwise violates the requirements of the Maryland Food, Drug, and Cosmetic Act. “Unwholesome food” means any food that:has absorbed or mixed with deleterious gases, liquids, or solids; is decomposed, rotten, tainted, or otherwise impure; or is otherwise in any way:deleterious to health; liable to introduce, cause, or increase sickness; or liable to impair or upset functions of the human body. City Code, 1976/83, art. 11, §64(part) Ord. 99-548

Each food service facility must comply with all applicable health laws, rules, and regulations of the federal government, the State of Maryland, and the City of Baltimore. City Code, 1976/83, art. 11, §165(e) Ord. 99-548

No food service facility may use any acid, drug, chemical, coloring, or other substance to disguise any adulterated or unwholesome food. City Code, 1976/83, art. 11, §§58(1st sen.), 59(last cl.) Ord. 99-548

No food service facility may sell, offer for sale, transport, or have on its premises, in any vehicle, or on the premises of any other person any adulterated or unwholesome food. City Code, 1976/83, art. 11, §59(last cl.) Ord. 99-548

In this section, the following terms have the meanings indicated. “Defrost” means to allow any frozen food to thaw so that it is not readily recognizable as frozen food. “Frozen food” means any food that has been kept at or below 0° F. No food service facility may represent or advertise as fresh any frozen food that has been allowed to defrost. No food service facility may sell or offer for sale any food designed to be sold frozen (such as “TV dinners”, packaged fruits, and frozen desserts) if it has been allowed to defrost. No food service facility may sell or offer for sale any meat, fish, seafood, or poultry that, in whole or in part, has been frozen and then allowed to defrost unless a notice stating “this product has been frozen and thawed” is:conspicuously displayed on a sign; and attached to each package or item of meat, fish, seafood, or poultry. City Code, 1976/83, art. 11, §67 Ord. 99-548 Ord. 04-672

In this section, the following terms have the meanings indicated. “Dated food” means any food that contains an expiration date on its label or packaging. “Expiration date” means:any date designated as an “expires on” date, “sell by” date, “pull by” date, “use by” date, or “best if used by” date; or any similar time guide for the sale or use of a food product by food service facilities or consumers. No food service facility may sell or offer for sale any dated food after its expiration date unless that food is:segregated from its non-expired food counterpart; and accompanied by a conspicuous notice that states: “This Food is Being Sold Past Its Expiration Date”. The notice required by this subsection must be:on a sign at least 11" by 14"; and printed in letters at least 1" high. Nothing in this section authorizes:the sale of any perishable food, such as milk, cheese, meat, eggs, and baby food, past its expiration date; or the sale or possession of any adulterated or unwholesome food. No food service facility may alter, remove, cover, disguise, or otherwise obscure the expiration date of any dated food. Ord. 02-438

Each food service facility must keep its entire premises, including all abutting sidewalks, alleys, footpaths, gutters, and other public rights-of-way, free of litter and rubbish. If, during any license year, the Commissioner receives 10 or more complaints of the facility’s having violated this section, the Commissioner must conduct a hearing under Subtitle 6 {“Suspensions and Revocations”} of this title to determine if the license should be suspended, its renewal denied, or other penalties imposed. For purposes of this subsection, the Commissioner may accept a complaint only if it:is in writing; is made by an adult; includes the complainant’s name and address; and is submitted independently of any other person’s complaint about the facility. Nothing in this section precludes the imposition of penalties under any other law that governs the disposition of litter, trash, garbage, or other waste. City Code, 1976/83, art. 11, §165A Ord. 99-548

“Food containing trans fat” means, except as provided in paragraph (2) of this subsection, any food that:is labeled as containing vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil; lists vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient; or contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil. “Food containing trans fat” does not include food with a nutrition facts label or other documentation from the manufacturer that lists the food’s trans fat content as less than 0.5 grams per serving. Except as provided in paragraph (2) of this subsection, food containing trans fat may not be stored, distributed, held for service, used in preparation of any menu item, or served in any food service facility. This subsection does not apply to food that is served directly to patrons in the original sealed package of the manufacturer. Except as provided in subparagraph (ii) of this paragraph, a food service facility must maintain on site the original label for any food:that contains fats, oils, or shortenings; that is required by federal or state law to have a label when purchased by a food service facility; and that is stored, distributed, held for service, used in preparation of any menu items, or served by the food service facility. The Health Commissioner may permit a food service facility to submit acceptable documentation from the manufacturer that indicates whether a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates a food’s trans fat content. If a food contains fats, oils, or shortenings and is not required to be labeled when purchased, the food service facility must obtain and maintain documentation from the manufacturer that indicate whether the food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates the food’s trans fat content. In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may include rules or regulations that govern the documentation acceptable or required under paragraphs (i)(ii) and (2) of this subsection. Ord. 08-001 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In this section, the following terms have the meanings indicated. “Disposable food service ware” means cups, plates, dishes, bowls, trays, clamshell containers, take-away containers, or similar items used for serving food or for transporting small amounts of prepared food. “Disposable food service ware” does not include coolers. “Polystyrene foam” means blown polystyrene and expanded and extruded foams (sometimes called Styrofoam™) that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Except as provided in paragraph (2) of this subsection, no food service facility may use any disposable food service ware that is made from polystyrene foam. Paragraph (1) of this subsection does not apply to:food or beverages that have been filled and sealed in polystyrene-foam containers outside of the City before the food or beverages were received by a food service facility in the City; or materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption. Ord. 18-125 This section was enacted by Ordinance 18-125 (enacted April 19, 2018). Section 3 of that Ordinance provides that the new law takes effect 18 months after the date of enactment (i.e., on October 19, 2019).

In this section, “children’s meal” means a combination of food items that is:prepared by and offered for purchase at a food service facility as a unit at a single price; and represented to be or otherwise primarily intended for consumption by children. “Children’s meal” does not include a combination of food items that has been prepackaged by or at a facility other than the food service facility offering the prepackaged combination for purchase. No food service facility may offer a children’s meal that includes a beverage unless that beverage is:water, sparkling water, or flavored water, with no added natural or artificial sweeteners; milk or a non-dairy milk alternative; or 100% fruit juice or fruit juice combined with water or sparkling water, with no added natural or artificial sweeteners, in a serving size of no more than 8 ounces. Nothing in this section precludes a food service facility from providing, if specifically requested by the purchaser of the children’s meal, any lawful beverage as a substitute or alternative for the beverages being offered in accordance with subsection (b) of this section. Ord. 18-126

Whenever the Commissioner finds that any food service facility is in violation of any provision of this title or is in an unsanitary or other condition that, in the Commissioner’s judgment, constitutes a hazard to the public health, the Commissioner may issue a violation notice to the facility. The violation notice must:cite the violation or condition; specify the corrective action to be taken and the time within which that action must be taken; and state that a hearing will be provided to the facility, if one is requested under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. City Code, 1976/83, art. 11, §165(f)(1), (f)(2)(part) Ord. 99-548

If a food service facility fails to comply with the violation notice within the time prescribed, the Commissioner may then issue an order of suspension to the facility. An order issued under this section may:immediately suspend the facility’s license; and order all food service facility operations to be discontinued immediately. City Code, 1976/83, art. 11, §165(f)(2) Ord. 99-548

If the Commissioner considers it necessary in the interest of public health, the Commissioner may issue an order of immediate suspension to the facility without having first issued a violation notice under <cite data-path="|health|§6-601">§ 6-601 {“Notice of violation or hazard”} of this subtitle</cite>. An order issued under this section:must cite the violation or condition; must specify the corrective action to be taken and the time within which that action must be taken; and may order all food service facility operations to be discontinued immediately. The notice must also state that a hearing will be provided to the facility under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, if one is requested. City Code, 1976/83, art. 11, §165(f)(3) Ord. 99-548

The Commissioner may suspend or refuse to renew the license of a food service facility if:at any time within the preceding 6 months, the facility has been served with 3 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either or both of:City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}; or at any time within the preceding 12 months, the facility has been declared to be in default of 1 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either of:City Code <cite data-path="|1|§40-8">Article 1, § 40-8 {“Environmental Citations: Default by person cited”}</cite>; or City Code <cite data-path="|1|§41-10">Article 1, § 41-10 {“Civil Citations: Default”}</cite>. For purposes of this section, citations issued for violations of the following provisions of the City Code are presumed to be issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health: <ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|13">Article 13</cite>. Housing and Urban Renewal</li> <ul> <li>Subtitle 5 {“Licensing of Rental Dwellings”}.</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|15">Article 15</cite>. Licensing and Regulation</li> <ul> <li>Subtitle 17. Street Vendors</li> <li>Subtitle 18. Itinerant Wholesale Produce Dealers</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|19">Article 19</cite>. Police Ordinances</li> <ul> <li>§ 1-2. Placement <em>{of advertising circulars} </em>without permission</li> <li>§ 7-2. Vehicle alarms: Prohibited devices</li> <li>§ 8-18. Burglar alarms: Penalties</li> <li>§ 13-1 or § 13-2. Disorderly drinking</li> <li>§ 14-2 or § 14-3. Drinking in public places</li> </ul> <li>Subtitle 25. Loitering – General</li> <ul> <li>§ 26-6. Loitering – Drug-Free Zone</li> <li>§ 27-3. Loitering – For assignation, etc.</li> <li>§ 27-15. Loitering – Prostitution-Free Zone</li> </ul> <li>Subtitle 32. Minors – Sales in Proximity to Liquor Store</li> <ul> <li>§ 34-5. Curfews: Prohibited conduct of parents, guardians, etc.</li> <li>§ 34-6. Curfews: Prohibited conduct of establishments</li> <li>§ 40-9. Dirt Bikes, etc. – Motor fuel sales</li> <li>§ 41-2. Outdoor telephones: Prohibited placement</li> <li>§ 45-2. Signs on public property: Posting prohibited</li> <li>§ 47-5. Nighttime soliciting</li> <li>§ 50-2. Obstructing street, etc., or gutter</li> <li>§ 50-3. Merchandise projecting from building</li> <li>§ 50-26. Fires in street, lane, or alley</li> <li>§ 50-41. Playing, etc., in street, etc.</li> <li>§ 50-56. Soliciting customers</li> <li>§ 59-18. Reporting <em>{theft or loss of firearm} </em>required</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|23">Article 23</cite>. Sanitation</li> <ul> <li>§ 2-1. Mixed refuse: Receptacles</li> <li>§ 2-2. Mixed refuse: Handling</li> <li>§ 4-1 or § 4-2. Receptacles on collection days</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|24">Article 24</cite>. Water</li> <ul> <li>§ 21-1. Rules and regulations <em>{to protect supply and facilities}</em></li> <li>§ 21-2. Suspension, etc., of certain uses</li> <li>§ 21-3. Injuring fire hydrants</li> <li>§ 21-4. Wrongful use after cut-off</li> <li>§ 21-5. Refusal of entry</li> <li>§ 21-6. Interference with equipment; illegal use of water</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|26">Article 26</cite>. Surveys, Streets, and Highways</li> <ul> <li>Subtitle 6. Building Address Numbers</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|31">Article 31</cite>. Transit and Traffic</li> <ul> <li>§ 16-12. Vehicles on sidewalks</li> <li>§ 18-8. Riding <em>{bicycles}</em> on sidewalk</li> </ul> <li><cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|32">Article 32</cite>. Zoning</li> <ul> <li>§ 5-704. {Use permit –}When required</li> <li>§ 16-803. Storage, etc., of abandoned, etc., vehicles</li> </ul> <li><cite data-path="|building-codes">Building, Fire, and Related Codes Article</cite> – <cite data-path="|building-codes|II">Building Code</cite></li> <ul> <li>§ 114.14. Work without permit</li> <li>§ 115.3. Stop-work order: Unlawful continuance</li> <li>§ 116. Unsafe structures</li> <li>§ 120. Condemnation proceedings</li> <li>§ 123.8. Failure to comply with notice or citation</li> <li>§ 3302.2 Construction Safeguards: Waste and debris</li> </ul> <li><cite data-path="|building-codes">Building, Fire, and Related Codes Article</cite> – <cite data-path="|building-codes|VIII">Fire Code</cite></li> <ul> <li>§ 109.9. Maintenance: Overcrowding</li> <li>§ 111.1. Unsafe buildings: General</li> <li>§ 1001.2. Means of Egress: Minimum requirements</li> </ul> <li><cite data-path="|building-codes">Building, Fire, and Related Codes Article</cite> – <cite data-path="|building-codes|VII">Property Maintenance Code</cite></li> <ul> <li>Chapter 3. General Requirements</li> </ul> <li> <cite data-doc="City of Balt., Md., Ord. 24-341" data-path="|health">Health Code</cite> </li> <ul> <li>Title 5. Nuisance Control</li> <li>Title 6: Food Service Facilities</li> <li>Title 7: Waste Control</li> <li>Title 8: Air Pollution</li> <li>Title 9: Noise Regulation</li> <li>Title 10: Animal Control and Protection</li> <li>Title 11: Swimming Pools</li> <li>Title 12: Tobacco Products and Smoking Devices</li> <li>Title 15: Ephedrine Products</li> </ul> </ul> Nothing in this subsection precludes the Health Commissioner from determining, in his or her discretion, that a citation for an offense was issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health. Before suspending or refusing to renew a license under this section, the Commissioner must provide the facility with notice and an opportunity for hearing, as provided in Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Ord. 09-243 Ord. 12-046 Ord. 13-093 Ord. 14-310 Ord. 15-427 Ord. 16-581 Ord. 18-130 Ord. 20-361 Ord. 22-124

Any food service facility may apply to the Commissioner for reinstatement of a suspended license. In addition to any other information that the Commissioner requires, the application must include a signed statement by the applicant that, in the applicant’s opinion, the violation or condition that caused the suspension has been corrected. Within 10 days of receiving the application and the reinspection fee specified in subsection (d) of this section, the Commissioner must reinspect the facility. If, on reinspection, the facility is found to comply with all applicable requirements, the license must be reinstated. The fee for a reinspection performed during regular working hours is $100. The fee for a reinspection performed during weekend or evening hours is $300. City Code, 1976/83, art. 11, §165(g)(3rd par.) Ord. 99-548 Ord. 09-243

The Commissioner may revoke the license of a food service facility if that facility:commits more than one violation of this title; or interferes with the performance of the Commissioner’s duties. Before revoking a license, the Commissioner must provide the facility with notice and opportunity for hearing, as provided in Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. City Code, 1976/83, art. 11, §165(h) Ord. 99-548

A food service facility that has had its license suspended must post a public notice of the suspension throughout the suspension period. The notice must:state the term of and reasons for the suspension; be in the form and tenor that the Commissioner specifies; and be conspicuously placed, as directed by the Commissioner, so that it is visible to and can be read by passing pedestrians. Promptly after a food service facility has had its license suspended, revoked, or denied renewal, the Commissioner must provide, through 2 or more social media outlets, public notice of the suspension, revocation, or nonrenewal. The notice must include the same information as that required by subsection (c)(2) of this section for a website listing. The Commissioner must maintain, update at least weekly, and publish on the Department’s website a list of all food service facilities that, at any time during the preceding calendar month or during the current calendar month to the latest update, have had their licenses suspended, revoked, or denied renewal. The listing must include:the name (including trade name) and address of the facility; the effective date and term of the suspension, revocation, or nonrenewal; and the reasons for the suspension, revocation, or nonrenewal. City Code, 1976/83, art. 11, §61(3) Ord. 99-391 Ord. 02-439 Ord. 09-217 Ord. 15-399

In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}. The issuance of an environmental citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 99-548

Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. Except as specified in subsection (c) of this section, the penalty for a violation is a fine of not more than $1,000 for each offense. For operating a food service facility without a license or in violation of the terms of a license, the penalty is a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Dispose” includes abandon, deposit, discard, discharge, dump, junk, leave, place, scrap, or throw. “Garbage” means waste that results from the distribution, preparation, or serving of food. “Hauler” means any person who:contracts with others for the collection, transportation, or disposal of solid waste; or except as specified in paragraph (3) of this subsection, engages in the collection, transportation, or disposal of solid waste generated by that person him-, her-, or itself. “Hauler” includes a person described in paragraph (1) of this subsection even if that person is operating under a demolition permit issued by the City. “Hauler” does not include any person who occupies residential property and collects, transports, or disposes of solid waste generated by the residential use of that property. “Land clearance debris” means any trees, other vegetation, or their roots that result from land clearance for streets, parks, playgrounds, construction projects, or other similar projects. “Landfill” means any private or public property where waste is disposed of by placement on or burial in the ground. “Rock” means rock, stones, or boulders that result from land clearance, grading, and the preparation of construction sites and similar projects. “Rubbish” includes paper, rags, ashes, leaves, tree branches, yard trimmings, furniture, appliances, cans, glass, crockery, junk vehicles, tires, automotive parts, paints, and oils. “Rubble” means any waste that results from the demolition of buildings, structures, or streets. “Rubble” includes masonry, concrete, asphalt, wood, plaster, paper, glass, metal, roof materials, or other materials used in the construction of buildings, structures, or streets. “Solid waste” means all waste that is neither gaseous nor liquid. “Trade waste” means waste that results from construction or from any other business, commercial, or industrial operation. “Trade waste” includes plastics, cartons, chemicals, paints, greases, oils, and other petroleum products, sawdust, and dead animals. “Waste” includes any of the following material, as defined in this section, whether putrescible or nonputrescible:garbage; land clearance debris; rock; rubbish; rubble; and trade waste. “Waste” also includes any of the following material, whether putrescible or nonputrescible:asbestos; ashes; dead animals; hazardous waste; incinerator residue; medical waste; refuse; street cleanings; trash; and wastewater treatment residue. City Code, 1976/83, art. 11, §§ 221(parts), 266(parts), 264(b)(2), 266(c)(parts), 267(a) , art. 23, §22(a)(7) Ord. 99-548

The Mayor and City Council finds that:the dumping of waste and other material is a sickening blight on the streets, sidewalks, parks, open spaces, and waters of the City; as the available amount of landfill space decreases, incidents of dumping have increased, most notoriously (though not exclusively) by those involved in the construction business; and this dumping of waste, as well as its collection and transportation, is a serious threat to the environment and the health, welfare, safety, peace, and comfort of the City’s inhabitants. The Mayor and City Council declares as a matter of policy that, to eliminate these hazards, it is necessary to:strictly regulate the collection, transportation, and disposal of all waste in the City; expand the prohibitions against illegal dumping; and increase the penalties for violations. Because of the serious health and environmental consequences, the Commissioner of Health is granted jurisdiction over the collection, transportation, and disposition of waste by commercial haulers and other persons in the City. City Code, 1976/83, art. 11, §§135(a), 220(parts), 264(a) Ord. 99-548

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may include provisions, consistent with this title and State law, that govern: the storage facilities, vehicles, equipment, and operations of all persons transporting waste; and the construction, design, operation, maintenance, and completion of landfills in the City. City Code, 1976/83, art. 11, §§220(b)(last cl.), 223(b), 267(d)(part), 270(a)(part) Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “License” means a license issued under this subtitle to operate as a hauler. “Small hauler” means a hauler that uses only 1 truck for which the manufacturer’s rated capacity is ¾ ton or less and the gross weight of which is 7,000 pounds or less. City Code, 1976/83, art. 11, §266(c) Ord. 99-548

This subtitle does not apply to: any person while employed by or under contract with the City for public work; a 1- or 2-day community clean-up where neighbors join in to pay the cost of hiring a truck; or a scrap metal dealer who:is licensed under City Code <cite data-path="|2">Article 2</cite>, Subtitle 8; and is transporting materials for purchase, sale, recycling, or storage (but not for disposal). City Code, 1976/83, art. 11, §266(c) Ord. 99-548 Ord. 04-692 Ord. 10-389

No person may operate as a hauler in the City without a license to do so from the Commissioner of Health. City Code, 1976/83, art. 11, §267(a), (a-1) Ord. 99-548

The application for a license: must be on the form that the Commissioner provides; and in addition to any other information that the Commissioner requires, must contain the type, make, year, capacity, and vehicle tag number of every vehicle that the applicant proposes to use. City Code, 1976/83, art. 11, §267(a), (a-1) Ord. 99-548

On receipt of the application, the Commissioner may inspect the applicant’s storage facilities, vehicles, and other equipment before issuing a license. City Code, 1976/83, art. 11, §267(d) Ord. 99-548

The Commissioner must issue a license to the applicant if the applicant: has complied with all applicable laws, rules, and regulations; and pays the applicable license fee. City Code, 1976/83, art. 11, §267(d) Ord. 99-548

An applicant may, at the applicant’s option, apply for either an annual license or a 90-day license. Unless sooner suspended or revoked:an annual license expires on the 1<sup>st</sup> annual anniversary of its issuance; and a 90-day license expires on the 90<sup>th</sup> day after its issuance. Before a license expires, the licensee periodically may renew the license for an additional 1-year or 90-day term, as the case may be, if the licensee:otherwise is entitled to a license; submits a renewal application to the Commissioner, on the form that the Commissioner provides; and pays the applicable fee. City Code, 1976/83, art. 11, §267(c)(2nd sen.) Ord. 99-548 Ord. 12-159

The fees to be charged under this subtitle are as set by the Commissioner, with the approval of the Board of Estimates. The fees so set:must include a pro rated differential for 90-day licenses; and may include an appropriate differential for small haulers. City Code, 1976/83, art. 11, §267(c)(2nd sen.) Ord. 99-548 Ord. 12-159

From time to time as the Commissioner sees fit, the Commissioner may inspect any storage facilities, vehicles, and other equipment of a licensee. The Commissioner must undertake an inspection of a licensee if the Commissioner receives written complaints from 2 or more unrelated persons that the licensee is in violation of the subtitle. City Code, 1976/83, art. 11, §270(a) Ord. 99-548

The Commissioner may issue a violation notice to a licensee who the Commissioner believes is in violation of any provision of:this subtitle; any rule or regulation adopted under this subtitle; or the terms of the license issued to the licensee. The violation notice must:cite the violation; specify the corrective action to be taken; and state the time within which that action must be taken. If the licensee fails to make the corrections within the time prescribed, the Commissioner may suspend or revoke the license, subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. City Code, 1976/83, art. 11, §270(a) Ord. 99-548

Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, the Commissioner may suspend or revoke the license of any licensee who is convicted of a violation of: this subtitle; any rule or regulation adopted under this subtitle; or any other law involving the handling or disposition of waste. City Code, 1976/83, art. 11, §270(d) Ord. 99-548

Except as specified in subsection (b) of this section, every vehicle used by a hauler to collect, transport, or dispose of waste must be identified as specified in this subsection. The name and business telephone number of the hauler must be displayed:on both sides of the vehicle; and in lettering that:conspicuously contrasts with its background; and is of a size, shape, and color to be readily legible, during daylight hours, from a distance of 50 feet while the vehicle is stationary. The required display may be on removable devices. Every vehicle used by a small hauler must have its license displayed inside the vehicle in a way that is visible at all times from outside the vehicle. City Code, 1976/83, art. 11, §269(d), (h) Ord. 99-548

Each waste container that has a capacity of 2 cubic yards or more must be labeled with:the name of the licensee; and an identification number assigned by the Commissioner. The label must be:on the outside of the container; and in permanent lettering that is:plainly distinguishable; and at least 3 inches high. City Code, 1976/83, art. 11, §269(d), (h) Ord. 99-548

Each licensee must:comply with the requirements of Subtitle 3 {“Transporting Waste”} of this title; cover or tie down all solid waste being transported on an open-type vehicle so as to prevent spillage; and take all other action necessary to prevent leakage or loss of any waste from either containers or vehicles. Each vehicle used to collect, transport, or dispose of waste must be maintained in a clean condition that minimizes odors and prevents insect and rodent breeding. City Code, 1976/83, art. 11, §269(a) - (c) Ord. 99-548

Except as specified in subsection (b) of this section, no hauler or any other person may collect solid waste in the City at any time before 7 a.m. or after 11 p.m. on any day, weekends and legal holidays included. A licensed hauler may collect solid waste at any time from a business, commercial, industrial, institutional, or other nonresidential use structure as long as no residential structure is within 300 feet of any collection point. The Commissioner may waive the requirements of this section in the event of a civil emergency. City Code, 1976/83, art. 11, §26(f) Ord. 99-548 Ord. 08-079

The driver of any vehicle being used under a hauler’s license must keep a daily log that includes, for each collection of solid waste:the location from which the waste is collected; the general nature of the solid waste; the name of the customer from whom the waste is collected; and when, where, and how the waste was disposed of. The licensee must permit the Commissioner to inspect this log at any time during regular business hours. City Code, 1976/83, art. 11, §269(g) Ord. 99-548

The Commissioner must publish and distribute to all community associations listed with the Department of Planning an annual list of all small haulers licensed under this subtitle who indicate their availability to provide services to residential properties. This list must contain a notice of the prohibition in <cite data-path="|health|§7-226">§ 7-226 {“Prohibited conduct”} of this subtitle</cite> against using an unlicensed hauler. City Code, 1976/83, art. 11, §268(d) Ord. 99-548

No person may contract with or hire any hauler who is not licensed under this subtitle. City Code, 1976/83, art. 11, §267(b) Ord. 99-548

Any person who violates any provision of this subtitle or of any rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Each day that a violation continues is a separate offense. City Code, 1976/83, art. 11, §272 Ord. 99-548

Every vehicle that transports waste on the streets of this City, including vehicles used by the City, must be equipped with adequate coverings and containers to prevent the spilling or dropping of any waste. The vehicle and all waste containers must:be strong and tight; have sides high enough above the load that no part of the load can fall, leak, or spill; and be covered with heavy canvas or other substantial material. City Code, 1976/83, art. 11, §121(2nd sen.), art. 23, §§15, 16 Ord. 99-548

No person may allow any vehicle or container to be so fully loaded, in such bad repair, of such faulty construction, or so improperly operated that any waste can fall, leak, or spill. No person driving, loading, unloading, or cleaning any vehicle or container used to carry waste may do so or permit any other person to do so in any way that is needlessly offensive or filthy in respect to any person or property. City Code, 1976/83, art. 23, §§17, 18(1st cl.) Ord. 99-548

The owner of every noncommercial vehicle used to carry any waste or any sand, dirt, gravel, loam, earth, fertilizer, filth, stone, brick, or coal must keep the load in a tight and secure condition so that no part of the load can fall, leak, or spill. City Code, 1976/83, art. 23, §20(1st cl.) Ord. 99-548

If any material falls, leaks, or spills from a vehicle or container, the individual operating the vehicle or in charge of the container must immediately stop and remove and secure the fallen, leaked, or spilled material. City Code, 1976/83, art. 11, §121(3rd sen.(last cl.)), art. 23, §18(2nd cl.) Ord. 99-548

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “License” means a license issued under this subtitle to operate a landfill. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|health|§7-419">§ 7-419 {“Penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity. Ord. 99-548 Ord. 22-125

This subtitle does not apply to: the random placement of broken stones or rubble as a foundation, sustaining wall, or similar structure to control erosion; or to the otherwise lawful filling of land exclusively with earth fill material that contains:no more than 10% organic matter or rubble by volume; and no object larger than 12 inches in any dimension. City Code, 1976/83, art. 11, §§221(a)(2nd cl.), 221(1), 224 Ord. 99-548

No person may operate a landfill in the City without a license to do so from the Commissioner of Health. City Code, 1976/83, art. 11, §222(b) Ord. 99-548

The application for a license: must be on the form that the Commissioner provides; and in addition to any other information that the Commissioner requires, must contain:the name of the applicant; the applicant’s home address; the address of the applicant’s principal place of business; the location of the proposed landfill; the name under which the business is carried on; a detailed engineering plan of the proposed operation of the landfill; and evidence satisfactory to the Commissioner that the applicant has obtained a bond or other security, running to the benefit of the City, in the form, amount, and tenor:as required by State law for landfills licensed by the State; or if no bond or security is required by State law, as the Commissioner requires. City Code, 1976/83, art. 11, §223(a)(1)(1st cl.), (2), (3)(1st cl.) Ord. 99-548

The Commissioner must issue a license to the applicant if: the Commissioner approves the engineering plan; the applicant has complied with all applicable laws, rules, and regulations; and the applicant pays the applicable fee. City Code, 1976/83, art. 11, §223(a)(3)(2nd cl.) Ord. 99-548

Unless sooner suspended or revoked, a license expires annually on the anniversary of its effective date. Before a license expires, the licensee periodically may renew the license for an additional 1-year term, if the licensee:otherwise is entitled to a license; submits a renewal application to the Commissioner, in the form that the Commissioner requires; and pays the applicable renewal fee. City Code, 1976/83, art. 11, §223(a)(intro), (a)(4)(1st sen.) Ord. 99-548

The annual fee for a license is as set by the Commissioner, with the approval of the Board of Estimates. City Code, 1976/83, art. 11, §223(a)(4)(2nd sen.) Ord. 99-548

A licensee must immediately notify the Commissioner of any change in any of the information contained in or accompanying the licensee’s application for a license or a renewal. City Code, 1976/83, art. 11, §223(a)(1)(2nd cl.) Ord. 99-548

Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, the Commissioner of Health may suspend a license:on receipt of notice of intent to cancel the bond or other security required by State law; if the licensee fails to comply with the engineering plan approved by the Commissioner; or if the Commissioner finds the licensee has caused a condition that is hazardous to the public health, safety, or welfare. A suspension continues until the licensee:satisfies the Commissioner that the cause for the suspension has been adequately corrected; and has reimbursed the City for any expenses that the City incurs as a result of the condition. City Code, 1976/83, art. 11, §223(a)(5) Ord. 99-548

Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, the Commissioner of Health may revoke or refuse to renew the license of any licensee who repeatedly violates any of the conditions of the license or any of the provisions of this subtitle or of the rules and regulations adopted under this subtitle. City Code, 1976/83, art. 11, §223(a)(6) Ord. 99-548

Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense, plus $100 for each day that the offense continues. City Code, 1976/83, art. 11, §226(a) Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Flow back” means the fracturing fluids that return to the surface after a hydraulic fracture is completed. “Hydraulic fracturing” means the drilling technique (also known colloquially as “fracking”, “hydrofracking”, or “hydrofracturing”) of expanding or creating fractures in rock by injecting fluids, often a mixture of water and chemicals, sand, or other substances, and often under pressure, into or underneath the surface of the rock for various purposes, including well drilling and natural gas exploration and production. Ord. 13-113

No person may make use of hydraulic fracturing to extract oil, gas, or other hydrocarbons within the City of Baltimore. Ord. 16-591

No person may store, treat, discharge, or dispose of in the City or in or on any City-owned facility or property, wherever situated, any flow back or other wastewater resulting from hydraulic fracturing. Ord. 13-113 Ord. 16-591

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000, imprisonment for not more than 90 days, or both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. Ord. 13-113 Ord. 16-591

This subtitle does not apply to the disposal of “litter”, as defined in Subtitle 7 of this title. Ord. 08-044

No person may dispose of any waste or other material except: in a receptacle and at a location approved by law for waste disposal; at a licensed landfill; or at any other disposal site authorized by law to receive waste. City Code, 1976/83, art. 11, §§135(c), 220, 222(a), 264(c), art. 23, §13 Ord. 99-548 Ord. 08-044

No person may dispose of or permit to discharge or flow onto any public or private property, with or without the owner’s permission, any liquid or solid matter that is or that, after exposure to the atmosphere or otherwise, is likely to become offensive or otherwise a nuisance. This section applies to, among other things, any:blood; refuse coal oil; dead animal or part of an animal; domestic or sanitary sewage; excrement; filth; foul or nauseous liquid; garbage; slaughter house or other trade cleanings; stagnant water; or offensive matter of any kind. City Code, 1976/83, art. 11, §119, inter alia Ord. 99-548 Ord. 08-044

No person may dump or dispose of any garbage, waste, wire, glass, nails, or any other matter: in or on any gutter, sidewalk, street, open space, wharf, or other public place; or except for litter, as defined in Subtitle 7 of this title, into any public trash receptacle located on or along any sidewalk, street, open space, wharf, or other public place. City Code, 1976/83, art. 19, §§167, 172 Ord. 99-548 Ord. 08-044 Ord. 12-065

No person may dump or otherwise dispose of any earth, dirt, sand, ashes, gravel, rocks, garbage, waste, or any other matter on any private property, including in or near any waste receptacle on the property, without the permission of the property owner or the owner’s agent. City Code, 1976/83, art. 11, §§135, 160(1st cl.) Ord. 99-548 Ord. 08-044 Ord. 11-478

No person may burn or cause to be burned any garbage or other waste except as specifically authorized by law. City Code, 1976/83, art. 11, §§135, 160(1st cl.) Ord. 99-548 Ord. 08-044

The registered owner of a vehicle or, for a leased or rented vehicle, the lessee or renter, as identified on the lease or rental agreement, is prima facie responsible for any waste or other material transported in or disposed of from that vehicle. City Code, 1976/83, art. 11, §136(3rd sen.) Ord. 99-548 Ord. 08-044 Ord. 11-478

Except as provided in subsection (b) of this section, any vehicle used for or in connection with disposing waste or other material in violation of this subtitle is subject to seizure and forfeiture. A vehicle may not be forfeited under this subtitle solely because of an act or omission by a person other than the vehicle’s owner committed or omitted:while the vehicle was unlawfully in that other person’s possession; or while the vehicle was lawfully in that other person’s possession, but the owner can establish by a preponderance of the evidence that the violation of this subtitle was committed without the owner’s actual knowledge. Ord. 08-044

A police officer need not have a warrant to seize a vehicle if:the police officer has probable cause to believe the vehicle has been used in violation of this subtitle; and a warrant is not constitutionally required under the circumstances. Whenever a police officer seizes a vehicle under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner. A vehicle seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it. Ord. 08-044

Promptly after seizure, the Police Department must notify the City Solicitor in writing of the facts and circumstances supporting the seizure. On receiving the report, the Solicitor must conduct an independent review of the facts and circumstances surrounding the seizure. If the Solicitor finds sufficient evidence that the vehicle was used in violation of this subtitle, the Solicitor must notify the vehicle’s owner, by registered or certified mail, of the seizure and of the City’s intent to institute forfeiture proceedings. If, on the other hand, the Solicitor finds that there is insufficient evidence to prove violation, the Solicitor must surrender the vehicle to the owner on the owner’s request. Ord. 08-044

If the Solicitor determines that the vehicle should be forfeited, the Solicitor must, within 90 days after the seizure of the vehicle:petition the Circuit Court for Baltimore City in the name of the City against the vehicle, as designated by make, model, year, and motor or serial number; and at the same time, send by registered or certified mail and by first class mail to the owner and any known secured party:copies of the petition; and a notice of the time and place for a response to be filed. The petition for forfeiture must contain:the name of the registered owners of the vehicle; the name of any secured party; a statement of the facts and circumstances surrounding the seizure of the vehicle; a statement of the specific grounds for forfeiture; and a request that the vehicle be forfeited to the City. Within 7 days of the petition’s filing, the Solicitor must publish notice of the seizure and forfeiture proceeding in 1 or more newspapers published in the City. The notice must:state the substance and object of the forfeiture petition; and state that any person claiming an interest in the seized vehicle must file a defense to the petition within 15 days of the date of the notice. Ord. 08-044

Any defense to the petition must be filed within 15 days after publication of the notice. All defenses to a petition for forfeiture must be made by answer. The answer must:comply with the Maryland Rules of Procedure as to form and contents; be divided into numbered paragraphs, each containing a separate and distinctive averment; and respond to each material allegation contained in the petition, specifically admitting, denying, or explaining the facts alleged, unless the respondent is without knowledge or an admission or explanation would tend to incriminate the respondent, in either of which events the respondent must so state and that statement will operate as a denial. Every allegation in the petition that is not denied in the answer is considered admitted, except as to persons unknown. New or affirmative matter alleged in the answer is considered denied or avoided by the petitioner without the need of any replication, unless the court orders otherwise. Ord. 08-044

If the owner of the seized vehicle wants to repossess it before the petition is decided, the Clerk of the Circuit Court must have an appraisal made. The appraisal must be in writing, under oath, to the Clerk of the Circuit Court. When the appraisal is filed, the owner may post a bond, payable to the City, in an amount equal to:all court costs that may accrue; plus the greater of:the appraised value of the vehicle; the aggregate amount of the liens on the vehicle, as shown in the records required by law for the notice or perfection of liens; or $500. The bond must have security approved by the Clerk and be conditioned for performance on the final judgment of the Circuit Court. If a petition for forfeiture has been filed, the bond must be filed in the Circuit Court for Baltimore City. If the court directs that the vehicle be forfeited, judgment may be entered against the obligors on the bond, without further or other proceeding, to be discharged by the payment of the appraised value of the vehicle and court costs, on which judgment execution may be issued. Ord. 08-044

If the court determines that the vehicle should be forfeited, the court must order the vehicle forfeited to the City. If, however, the court determines that the vehicle is subject to a bona fide recorded security interest created without the knowledge that the vehicle was being or was to be used in violation of this subtitle, the court must order that the vehicle be released within 5 days to the secured party of record. The secured party must sell the vehicle in a commercially reasonable manner. Any sale ordered under this section must be made for cash and must vest in the purchaser a clear and absolute title to the vehicle. The proceeds of the sale must be applied as follows:to the court costs of the forfeiture proceedings; to the balance due to the secured party, including all reasonable costs incident to the sale; to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure, maintenance, or custody; and to the general funds of the City. Any vehicle that has been ordered forfeited to the City may be:sold as provided in City Code <cite data-path="|31">Article 31</cite>, Subtitle 31, Part 5; or destroyed. The proceeds of any bond posted to regain possession of the vehicle must be applied as provided for proceeds of sale under subsection (b)(3) of this section. Ord. 08-044

If, after a full hearing, the court determines that the vehicle should not be forfeited, the court must order the vehicle released. Ord. 08-044

The City Housing Commissioner must establish a grants program for rewarding community and neighborhood associations that have registered for this purpose with the Housing Commissioner and have been designated by citizens reporting illegal disposal or other violations of this subtitle. Funds for these grants are as provided in the Ordinance of Estimates. The amount of the grants, the criteria for allocating and awarding them, and the purposes for which they may be used are as set forth in the rules and regulations adopted by the Commissioner under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>. Ord. 09-202 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Any person who, in violation of <cite data-path="|health|§7-608">§ 7-608 {“Dumping on public property”} of this subtitle</cite> or in violation of any other provision of law, dumps or otherwise disposes of matter in or on property owned, leased, or controlled by the City is liable to the City for the costs of: removing the matter dumped or disposed of; and repairing any damage caused by the dumping or disposal. Ord. 11-478 Ord. 12-065

Except as specified in subsection (b) of this section, any person who violates any provision of this subtitle or who authorizes any employee or agent to violate any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to any one or more of the following for each offense:a fine of not more than $1,000; and imprisonment for not more than 90 days. If the violation entails the disposal, in any 24-hour period, of material that weighs 25 or more pounds or material that comprises 10 or more cubic feet, the penalty for a violation of this subtitle is any one or more of the following for each offense:a fine of not more than $1,000; imprisonment for not more than 12 months; and revocation of the privilege of seeking a building permit in the City. City Code, 1976/83, art. 11, §136(1st sen.), art. 19, §176 Ord. 99-548 Ord. 08-044 Ord. 09-202 Ord. 11-478

“Litter” means to discard or otherwise dispose of, in any way other than as authorized by <cite data-path="|health|§7-601">§ 7-601 of this title</cite>, of small amounts of paper, beverage containers, glass, garbage, or other waste that: weigh less than 1 pound; comprise less than 1 cubic foot; and are not toxic, noxious, or otherwise a threat to the public health or safety. City Code, 1976/83, art. 11, §254(b), (c)(part) Ord. 99-548

No person may: litter on any public or private property; or permit the accumulation of litter on any property under that person’s control. City Code, 1976/83, art. 11, §264(c) Ord. 99-548

The registered owner of a vehicle is prima facie responsible for any litter disposed of from that vehicle. Ord. 08-044

Any person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of $500 for each offense. Each day a violation continues is a separate offense. Ord. 99-548 Ord. 08-040

In this subtitle, the following terms have the meanings indicated. “Air pollution” means the presence in the outdoor atmosphere of any odor, solid, vapor, liquid, gas, or other substance in such quantities and of such duration that it:can be predicted with reasonable certainty to be injurious to property or to human, plant, or animal life; or unreasonably interferes with the proper enjoyment of the property of others or with the comfort of the public. “Emission standard” means a requirement that limits the quantity, quality, rate, or concentration of emissions from a source. “Emission standard” includes any requirement that relates to the operation or maintenance of a source to assure continuous emission reduction. “Source” means any equipment, process, structure, space, material, or activity that contributes to air pollution. Ord. 99-548

The Commissioner of Health may undertake surveys, investigations, studies, and like activities to determine the condition of the air in the City and how best to improve that condition. In the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may set emission standards and adopt procedures for implementing and enforcing those standards. City Code, 1976/83, art. 11, §§8, 11 Ord. 99-548

No person may operate or use any source, whether indoors or outdoors, static or mobile, that contributes to air pollution in any way or amount that exceeds emission standards: set by federal or state law or regulation; or set by the Commissioner. City Code, 1976/83, art. 11, §7 Ord. 99-548

Whenever as the result of an investigation or study, the result of a complaint, or otherwise, the Commissioner of Health finds that any source is contributing to air pollution in excess of that permitted by law, the Commissioner may issue a written notice to the owner or operator of that source and order the owner or operator to remove or control the cause of the emission in the manner and within the time specified in the notice. City Code, 1976/83, art. 11, §10 Ord. 99-548

This Part II shall be known and may be cited as the “Baltimore Clean Air Act” The purpose and intent of this Part II is to ensure that accurate and complete information is available to the City and general public about pollutants released from commercial solid waste incinerators within the City and to exercise the authority granted to the City under the Maryland Environment Code. Ord. 19-232

The following words and phrases when used within this Part II, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section. <em>“</em>Air Monitoring Contractor” means an environmental engineer certified by the City to design, install, operate, and maintain the Continuous Emissions Monitoring Systems required by this Part II. “Commercial solid waste incinerator” or “facility” means any facility in Baltimore City that produces energy or disposes of waste by combusting a solid fuel or waste, or gases produced on-site from the gasification or pyrolysis of a solid fuel or waste, and that is capable of processing at least 25 tons of solid fuel or waste per day. “Continuous Emissions Monitoring System” or “CEMS” means a pollution monitoring system capable of sampling, conditioning, analyzing, and providing a record of emissions at frequent intervals that meets U.S. Environmental Protection Agency or Maryland Department of the Environment data acquisition and availability requirements. Except as specified in paragraph (3) of this subsection, the sampling frequency capability sufficient to qualify a system as a CEMS for the purposes of this Part II must at a minimum deliver a monitoring sample:once per minute; or any lesser frequency of interval, up to no less than once per hour, that provides sufficient data for a direct determination of compliance with all applicable emission limitations imposed by this Part II. In the case of dioxins and furans, long-term sampling equipment may be used if real-time monitors are not commercially available, so long as year-round monitoring is still achieved through back-to-back use of long-term monthly samples. <em>“</em>Solid fuel” or “waste” means any solid waste, discarded material, recyclable materials, sludges, by-products, commercial chemical products, municipal waste, hazardous waste, biomass, processed debris, special medical waste, sterilized special medical waste, sewage sludge, scrap tires, auto shredder residue, refuse-derived fuel, processed engineered fuel, or solid fuel produced from municipal waste. “TEQ<sub>DF</sub>-WHO<sub>98</sub>” means a unit of measurement for dioxins and furans, standardized to toxic equivalents, calculated in accordance with the World Health Organization’s 1998 method. Ord. 19-232 Ord. 22-124 Ord. 22-125

All commercial solid waste incinerators located within Baltimore City are subject to the requirements of this Part II.

In the rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Health Commissioner may adopt rules and regulations to implement this Part II. Ord. 19-232 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

Each facility must, at its own expense, contract with an Air Monitoring Contractor certified by the Health Commissioner in accordance with § 8-124 {“Certification of Air Monitoring Contractor”} to install, operate, and maintain Continuous Emissions Monitoring Systems (“CEMS”) equipment to monitor, measure, and disclose the smokestack emission of the following pollutants: Dioxins and Furans, as measured at a point, after all air pollution control devices, where the exhaust gases have cooled to below 200 degrees Centigrade; Carbon Dioxide (CO<sub>2</sub>) and Carbon Monoxide (CO); Hydrochloric Acid (HCl) and Hydrofluoric Acid (HF); Nitrogen Oxides (NOx); Sulfur Dioxides (SO<sub>2</sub>); Particulate Matter (PM); Volatile Organic Compounds (VOCs); Polycyclic Aromatic Hydrocarbons (PAHs); and Arsenic, Cadmium, Chromium (VI), Lead, Manganese, Mercury, Nickel, Selenium, and Zinc. Ord. 19-232

A facility’s CEMS must be operational at all times that the facility is operating. CEMS downtime that exceeds 30 consecutive minutes while a facility is operating are a violation of this section. Ord. 19-232

Each facility must meet the following pollution limits: <table class="layout-table"> <tbody> <tr> <td> <p class="text-indent-2">(1) Mercury:</p> </td> <td> <p>15 micrograms per dry standard cubic meter (μg/dscm) corrected at 7% O2</p> </td> </tr> <tr> <td> <p class="text-indent-2">(2) Sulfur Dioxide (SO2):</p> </td> <td> <p>18 parts per million dry volume (ppmvd) corrected at 7% O2 (24 hour geometric mean)</p> </td> </tr> </tbody> </table> Starting January 1, 2022, in addition to the limits imposed by subsection (b) of this section, each facility must meet the following pollution limits: <table> <tbody> <tr> <td>Dioxins/Furans (PCDD/F):</td> <td>2.6 nanograms TEQDF-WHO98 per dry standard cubic meter (ng/dcsm) corrected at 7% O2</td> </tr> <tr> <td>Nitrogen Oxides (NOx):</td> <td> <p>45 parts per million dry volume (ppmvd) corrected at 7% O2 (24 hour block arithmetic mean)</p> <p>40 parts per million dry volume (ppmvd) corrected at 7% O2 (12 month rolling average)</p> </td> </tr> </tbody> </table> Ord. 19-232

If the U.S. Environmental Protection Agency or the State of Maryland adopts a more stringent standard, limit, or requirement for the emission of air contaminants, a more stringent standard of performance for any facility regulated by this Part II, or a more stringent standard of performance for stationary sources that would apply to a facility than is imposed by this Part II, the facility must meet the more stringent requirement. It is expressly the intent of the City in adopting the standards, limits, requirements, and standards of performance referenced in subsection (a) of this section to make those more stringent requirements independently enforceable by the City of Baltimore. Ord. 19-232

Each facility must provide a daily report to its Air Monitoring Contractor that details:the daily emissions from the facility of the pollutants listed in <cite data-path="|health|§8-114">§ 8-114 {“Pollutants to be continuously monitored”} of this Part II</cite>; and the reasons for any CEMS downtime. All data supplied as part of the reports required by this section are property of the City of Baltimore. The daily report required by this section must be in the form specified by the Health Commissioner and include all relevant machine readable raw data. A facility must provide reasonable access to its property and operations to the Air Monitoring Contractor responsible for preparing the reports required by this section to enable the reports to be prepared and verified. Each facility must provide its Air Monitoring Contractor with all emissions reports for the facility previously provided to the Maryland Department of the Environment, and any prior Air Monitoring Contractor for the facility, at the time that the Air Monitoring Contractor begins monitoring the facility. Ord. 19-232 Ord. 22-124

The Air Monitoring Contractor must disclose the information it receives in the daily reports required by <cite data-path="|health|§8-120|(a)">§ 8-120(a) {“Required CEMS reports: Reports required”} of this Part II</cite> to the public on a publicly accessible webpage capable of providing an easy to read graphical portrayal of the information. The Air Monitoring Contractor must archive all of the daily reports received from a facility under <cite data-path="|health|§8-120">§ 8-120 {“Required CEMS reports”} of this Part II</cite> and make this archived historical data, together with all data provided by the facility under § 8-120(d) {“Required CEMS reports: Historical reports”}, available on a publicly accessible webpage capable of providing an easy to read graphical portrayal of the information. The Air Monitoring Contractor for a facility must provide reports to the Health Commissioner, in the form specified by the Commissioner and including all relevant machine readable raw data, about emissions from the facility:whenever the facility exceeds an emission limit set under § 8-116 {“Emission limits”} or § 8-117 {“City adoption and enforcement of more stringent Federal and State requirements”}; at regular intervals set by the Commissioner; and whenever requested by the Commissioner, or the Commissioner’s designee. Ord. 19-232

The Air Monitoring Contractor for a facility must periodically inspect the Continuous Emissions Monitoring Systems installed at the facility and verify that they are operating correctly. Inspections required by this section must take place at times and intervals chosen by the Health Commissioner and will not be announced in advance to the facility. No fewer than 4 inspections must be conducted each calendar year. Ord. 19-232

In order to be certified as an Air Monitoring Contractor, an applicant must demonstrate to the Health Commissioner’s satisfaction that it, using its own resources or in partnership with 1 or more co-applicants, is capable of:procuring or developing, and thereafter installing, CEMS equipment at a subject facility; performing regular inspections as required by<cite data-path="|health|§8-122">§ 8-122 {“Inspections”} of this Part II</cite>; and developing software utilities capable of capturing and publically displaying CEMS data needed for the daily reports required by <cite data-path="|health|§8-120">§ 8-120 {“Required CEMS reports”} of this Part II</cite>. In order to be certified as an Air Monitoring Contractor, an applicant must not have had a contract, other than a contract to perform the duties of an Air Monitoring Contractor under this Part II, with a facility, or the owner or operator of a facility:within the past 10 years; or for the duration of their role as an Air Monitoring Contractor. No later than 6 months after the effective date of this Ordinance, the Baltimore City Health Department shall certify an applicant meeting the requirements of subsections (a) and (b) of this section as an Air Monitoring Contractor within 90 days of receiving:information, in the form required by the Health Commissioner, sufficient to demonstrate that the applicant meets the requirements of subsections (a) and (b) of this section; and payment of the application fee set by the Board of Estimates. Ord. 19-232

Any person who violates any provision of this Part II, or of a rule or regulation adopted under this Part II, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. If a person is responsible for simultaneous violations of more than 1 section of this Part II, simultaneously failing to monitor, measure, and disclose the emission of more than 1 pollutant as required by <cite data-path="|health|§8-114">§ 8-114 {“Pollutants to be continuously monitored”} of this Part II</cite>, or simultaneously violating more than 1 standard required by <cite data-path="|health|§8-116">§ 8-116 {“Emission limits”} of this Part II</cite>, each separate violation constitutes a separate offense. Each day that a violation continues constitutes a separate offense. Ord. 19-232

In this subtitle, the following terms have the meanings indicated. “Open burning” means any fire or smoke-producing process that emits particulates or gases directly into the atmosphere without passing through any air pollution control equipment. “Waste” has the meaning stated in §7-101 of <cite data-path="|health">this article</cite>. City Code, 1976/83, art. 11, §18 (parts) Ord. 99-548

Because open burning can be a major contributor to air pollution in Baltimore City, the City’s policy is to eliminate or control pollution from open burning to protect the health, welfare, and property of the people of the City. For this reason, the Commissioner of Health may regulate open burning. City Code, 1976/83, art. 11, §17 Ord. 99-548

Except as specified in <cite data-path="|health|§8-204">§ 8-204 {“Exceptions”} of this subtitle</cite>, no person may permit or carry on any open burning of waste. City Code, 1976/83, art. 11, §19 Ord. 99-548

The use of outdoor grills and fireplaces to prepare food is permitted unless prohibited by the Fire Department. The open burning of highly explosive or other dangerous materials for which there is no other known method of disposal or under other unusual circumstances is permitted if, on written request, the burning is:approved by the Commissioner and the Chief of the Fire Department; and done under the supervision of the Fire Department. The open burning of solid, liquid, or gaseous fuels, materials, or buildings is permitted if done for training purposes under the direct control and supervision of Fire Department instructors. Unless prohibited by the Fire Department, the use of salamanders or similar devices by construction or other workers for heat is permitted if:no smoke violation or other nuisance is created; and the salamander or other device is of a type approved by the Chief of the Fire Department. In an emergency declared by the Commissioner, the open burning of household and normal business waste is permitted if it is done in compliance with the conditions and requirements that the Commissioner specifies for the emergency. City Code, 1976/83, art. 11, §20 Ord. 99-548

In this subtitle, the following words have the meanings indicated. “Air pollution” has the meaning stated in § 8-101(b) of this title “Contractor” means a person, firm, or legal entity with which the City has entered into an agreement. “Contractor” means a person, firm, or legal entity with which the City has entered into an agreement.“Debris” means any solid material or portion of a solid material intended for disposal. “Debris” includes:manufactured objects; plant materials; animal materials; and natural geologic materials. “Enforcement officer” has the meaning stated in City Code Article 1 § 41-1(c) {“Definitions: Enforcement officer”}. “Gas-powered debris removal equipment” means any device powered by an internal combustion or rotary engine using gasoline, alcohol, or any other fuel that is used to blow, vacuum, displace, or gather debris. “Gas-powered debris removal equipment” includes handheld leaf blowers with a vacuum function. “Gas-powered debris removal equipment” does not include:lawn mowers; lawn trimmers; snow blowers; pressure washers; or self-propelled motorized leaf vacuums, including walk-behind, riding, and hitch mount leaf vacuums; and leaf vacuum trucks. “Landscape maintenance company” means a person who receives compensation, including money or material goods, in exchange for services that include: lawns; gardens; trees; plants; and hardscape features; or otherwise enhancing the aesthetics and functionality of an outdoor space. “Person” has the meaning stated in § 1-107(a) {“Person: In general”} of the City Code’s General Provisions Article. Notwithstanding § 1-107(b) {“Person: Exclusion”} of the General Provisions Article, in this subtitle “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. “Subcontractor” means a business enterprise that has a direct contract with a contractor to perform part of the work on a contract.

A person, individual, contractor, or subcontractor may not use gas-powered debris removal equipment in Baltimore City. An owner of real property in Baltimore City may not permit any person, individual, contractor, or subcontractor to use gas-powered debris removal equipment on that property.

Subject to Title 4 {“Administrative Procedure Act B Regulations”} of the City General Provisions Article, the Baltimore City Health Department or another City entity tasked with enforcement of this subtitle, shall adopt rules and regulations to carry out the provisions of this subtitle and <cite data-path="health|§8-402">§ 8-402</cite> of this title. The rules and regulations adopted by the Baltimore City Health Department under this section shall include an affidavit form a witness shall use to submit a complaint under <cite data-path="health|§8-402">§ 8-402</cite> of this title.

In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of:an environmental citation under City Code <cite data-doc="City of Balt., Md., Ord. 24-421" data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-doc="City of Balt., Md., Ord. 24-421" data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 99-548 Ord. 03-595 City Code, 1976/83, art. 11, §§10(2nd sen.), 16, 21 Ord. 19-232

Except as otherwise specified in this subtitle, an enforcement officer may issue a civil or an environmental citation for violating the provisions of <cite data-path="health|§8-302">§ 8-302</cite> {“Prohibition of gas-powered debris removal equipment”} of this title if the enforcement officer:witnesses the violation; or receives from at least 1 witness a written complaint accompanied by photographic evidence and a signed affidavit in the form required by the rules and regulations promulgated pursuant to <cite data-path="health|§8-303">§ 8-303</cite> of this title {“Rules and regulations”} An enforcement officer who finds that any person person, individual, contractor, or subcontractor violated the provisions of <cite data-path="health|§8-302">§ 8-302</cite> {“Prohibition of gas-powered debris removal equipment”} of this title shall order, on a first offense, that the person, individual, contractor, or subcontractor cease and desist the use of gas-powered debris removal equipment. A special enforcement officer may find that a person, individual, contractor, or subcontractor has violated the provisions of <cite data-path="health|§8-302">§ 8-302</cite> {“Prohibition of gas-powered debris removal equipment”} of this title if the special enforcement officer:witnesses the violation; or receives from at least 1 witness a written complaint accompanied by photographic evidence and a signed affidavit in the form required by the rules and regulations promulgated pursuant to <cite data-path="health|§8-303">§ 8-303</cite> of this title{“Rules and regulations”}. A person, individual, contractor, or subcontractor who commits a subsequent offense is subject to a fine of $250 for each subsequent offense. Each day that a violation continues is a separate offense. Ord. 99-548 Ord. 03-595 City Code, 1976/83, art. 11, §§10(2nd sen.), 16, 21 Ord. 19-232

In this title, the following terms have the meanings indicated. “Impulse sound” means a short burst of acoustical energy such as that produced by weapons fire, a punch press, or a drop hammer. A pressure time history of a single impulse includes a rapid rise to a maximum peak pressure followed by a somewhat slower decay, both occurring within 1 second. “Motor vehicle” has the meaning stated in § 11-135 of the State Transportation Article {“Maryland Vehicle Law”}. “Noise” means any steady-state or impulse sound that occurs on either a continuous or intermittent basis. “Peak pressure” is the sound level in decibels of an impulse sound measured with sound instrumentation that uses the flat response or linear scale. “Steady-state sound” means a periodic or random variation, with a duration of more than 1 second, in atmospheric pressure at audible frequencies. City Code, 1976/83, art. 11, §230 (parts) Ord. 99-548

This title is to be liberally construed to effectuate its purposes. This title is not to be construed to permit anything that is prohibited by any other federal, state, or local law or regulation. City Code, 1976/83, art. 11, §230(g)(2) Ord. 99-548

This title does not apply to any of the following:motor vehicles, aircraft, or other equipment used in an emergency by any government agency or by any public service company, as defined in State Code <cite data-path="|78">Article 78</cite>; or warning devices necessary for public safety, such as train horns and police, fire, and ambulance sirens. This title does not apply to the following, except as specifically stated in this title or where standards are set by the rules or regulations adopted by the Commissioner under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> :motor vehicles; or the construction, repair, or demolition of a structure or street. City Code, 1976/83, art. 11, §231 Ord. 99-548 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

The rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> may include provisions that set:standards and procedures for measuring noise; noise standards for motor vehicle operation; noise standards for the construction, repair, or demolition of structures or streets; standards, limitations, and procedures for obtaining a temporary exemption authorized by Subtitle 2 {“Basic Sound Level Standards”} or Subtitle 3 {“Entertainment and Commercial Noise”} of this title; and other noise standards that the Commissioner considers necessary and appropriate for the protection of the public. Before adopting any rules or regulations under this section, the Commissioner must hold a public hearing at which all interested persons are given an opportunity to testify on any proposed standard and to submit alternative proposals for the Commissioner’s consideration. Notice of the hearing must be published in a newspaper of general circulation in Baltimore City, at least once a week for the 2 successive weeks immediately before the hearing. City Code, 1976/83, art. 11, §232(d) Ord. 99-548 Text Conformed 03/10/21

In this subtitle, the following terms have the meanings indicated. “Decibel” or “dB” means the unit of measurement of relative sound intensity equal to 20 times the logarithm to the base 10 of the ratio of the effective sound pressure to a reference pressure of 20 micronewtons per square meter. In formula, dB = 20 Log<sub>10</sub> P/P<sub>0</sub> where P is the average pressure of the measured sound, and P<sub>0</sub> indicates the reference pressure considered to be the weakest audible pressure a young ear can detect under ideal listening conditions. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|health|§9-218">§ 9-218 {“Penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Sound level A” or “dB(A)” is the sound level in decibels, measured with a sound level meter that uses the A-weighting network or scale, as specified in ANSI S1.4 (“Specification for Sound Level Meters”), as amended from time to time. “Use” means any activity, occupation, business, or operation that is conducted on land or in or on a street, building, pier, wharf, or other structure. “Zone, commercial” means any of the following zoning districts established under the Baltimore City Zoning Code:all Commercial Zoning Districts; all OIC Office-Industrial Campus Zoning Districts; all BSC Bio-Science Campus Zoning Districts; all IMU-1 and IMU-2 Industrial Mixed-Use Zoning Districts; and all TOD Transit-Oriented Development Zoning Districts. “Zone, manufacturing” means any of the following zoning districts established under the Baltimore City Zoning Code:all I-1 Light Industrial Zoning Districts; all I-2 General Industrial Zoning Districts; and all MI Maritime Industrial Zoning Districts. “Zone, residential” means any of the following zoning districts established under the Baltimore City Zoning Code:all Residential Zoning Districts; and all Office-Residential Zoning Districts. City Code, 1976/83, art. 11, §230 (parts) Ord. 99-548 Ord. 16-581 Ord. 19-244 Ord. 22-125

The Mayor and City Council finds that excessive or unnecessary noise in the City is a menace to the welfare and prosperity of the people of the City. It is the public policy of the City that:everyone is entitled to an ambient noise level that is not detrimental to life, health, or enjoyment of property; the ambient noise level in the City should be controlled and reduced:to promote the public health, safety, and welfare and the peace and quiet of the City’s inhabitants; and to facilitate the enjoyment of the City’s natural attractions; and to those ends, standards for noise must be set and enforced, as provided in this subtitle. City Code, 1976/83, art. 11, §229(1st, 2nd pars.) Ord. 99-548

No person may cause or permit a sound level that exceeds the applicable level specified in this subtitle. No person may cause or permit a sound level from the construction, repair, or demolition of a structure or street that exceeds any applicable level set by a rule or regulation of Commissioner, except in accordance with a temporary exemption permit or as necessary to do emergency work. No person may operate a motor vehicle so as to exceed any applicable sound level set by a rule or regulation of the Commissioner. No person may use a vehicle horn except:as reasonably necessary to assure safe operation; or as an emergency warning signal. For sound levels set in this subtitle, measurements must be made with instruments calibrated by means of accepted acoustical techniques to an accuracy of plus or minus 1 dB(A). City Code, 1976/83, art. 11, §§235(a), (e), 238(a). (b), (e) Ord. 99-548

Except as otherwise specified in this subtitle, the maximum permissible sound levels are as set in this section for the applicable zone. Where the property line of a use coincides with a zone boundary, the level specified in this section for the zone boundary controls. Where the use is on a public street, the “property line” referred to in this section is the boundary of the public right-of-way. If the sound is from a use in a manufacturing zone, the maximum permissible sound level is:75 dB(A) at any point on the property line of the use; 70 dB(A) at any point on a boundary that separates the manufacturing zone from a commercial zone; and 70 dB(A) at any point on a boundary that separates the manufacturing zone from a residential zone. If the sound is from a use in a commercial zone, the maximum permissible sound level is:61 dB(A) at any point on the property line of the use; 64 dB(A) at any point on a boundary that separates the commercial zone from a manufacturing zone; and 58 dB(A) at any point on a boundary that separates the commercial zone from a residential zone. If the sound is from a use in a residential zone, the maximum permissible sound level is:55 dB(A) at any point on the property line of the use; 61 dB(A) at any point on a boundary that separates the residential zone from a manufacturing zone; and 58 dB(A) at any point on a boundary that separates the residential zone from a commercial zone. City Code, 1976/83, art. 11, §235(b), (c) Ord. 99-548

Between the hours of 9 p.m. and 7 a.m., the maximum permissible sound specified in <cite data-path="|health|§9-206">§ 9-206 {“Limits”} of this subtitle</cite> must be reduced by 5 dB(A) for any use that: borders on a residential zone; or except for the level permitted by <cite data-path="|health|§9-206|(d)|(2)">§ 9-206(d)(2) of this subtitle</cite>, is in a residential zone. City Code, 1976/83, art. 11, §236(a) Ord. 99-548

The maximum permissible sound levels specified in <cite data-path="|health|§9-206">§ 9-206 {“Limits”} of this subtitle</cite> may be exceeded by no more than:5 dB(A) for a total of not more than 12 minutes in any 1-hour period; 10 dB(A) for a total of not more than 3 minutes in any 1-hour period; or 15 dB(A) for a total of not more than 30 seconds in any 1-hour period. Noncommercial vehicular repairs and the use of home workshops, power tools, and power garden equipment are allowed:between the hours of 7 a.m. and 9 p.m. on weekdays; and between the hours of 10 a.m. and 10 p.m. on weekends and legal holidays. Air conditioning and heat pump equipment used to cool or heat housing on residential property may exceed the maximum sound levels specified in <cite data-path="|health|§9-206">§ 9-206 {“Limits”} of this subtitle</cite> as long as the sound level does not exceed:for air conditioning equipment, 70 dB(A) at any point on the property line of any other residential property; and for heat pump equipment, 75 dB(A) at any point on the property line of any other residential property. City Code, 1976/83, art. 11, §236(b), (d) Ord. 99-548

When in the public interest, the Commissioner of Health may grant a temporary exemption from the maximum permissible sound levels specified in this subtitle. An application for a temporary exemption must be made in the form that the Commissioner requires. In addition to any other information that the Commissioner requires, the application must contain:the name of the applicant; the location of the property for which the exemption is requested; the dates and hours for which the exemption is requested; the equipment, instruments, or devices that will be producing the sound; the name of the person in charge of operating the equipment, instruments, or devices; and a statement of the reason the exemption is needed or appropriate. A temporary exemption must:be in writing; be signed by the Commissioner; and set forth:the name of the person granted the exemption; the location of the property for which the exemption is granted; the dates and hours for which the exemption is effective; the equipment, instruments, or devices to which the exemption is limited; and any conditions or requirements that the Commissioner specifies. A temporary exemption:may be granted only for a period that is reasonable in view of all the facts, but in no case for more than 30 days; may not be granted more than 3 times in any 1 calendar year for the same location; and may not permit its holder to exceed the maximum permissible sound levels specified in this subtitle by more than 25 dB(A). City Code, 1976/83, art. 11, §239 Ord. 99-548

If the Commissioner of Health believes that any provision of this subtitle has been violated, the Commissioner may issue a written notice to the alleged violator. The notice must:specify the nature and facts of the violation, including the dB(A) readings noted and the time and place of their detection; and order corrective action to be taken within the time the Commissioner specifies. City Code, 1976/83, art. 11, §240(a)(parts) Ord. 99-548

If corrective action is not taken within the time specified in the notice, the Commissioner may institute injunctive or other legal proceedings in a court of competent jurisdiction City Code, 1976/83, art. 11, §§240(c), 242(b) Ord. 99-548

Subject to paragraph (2) of this subsection, any person may bring a civil action against any person who is in violation of a noise control requirement of this subtitle. An action under this subsection may not be brought:before 60 days after the complainant has given notice of the violation to the Commissioner and to the alleged violator; or while the Commissioner is diligently prosecuting a civil action to require the alleged violator to comply with this subtitle. Nothing in this subtitle limits the right of any person to damages or other relief for injury to person or property. City Code, 1976/83, art. 11, §§240(d), 242(c) Ord. 99-548

Any person who neglects, refuses, or otherwise fails to comply with a notice issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Each day a violation continues is a separate offense. City Code, 1976/83, art. 11, §242(a) Ord. 99-548

Having received an increasing number of complaints from citizens about noise and having made certain observations of the subject, the Mayor and City Council of Baltimore finds that:excessive noise, when unnecessary for religious, political, civic, commercial, or other constitutionally protected activities or when not generated in the course of other activity needed to carry on daily life, creates a significant threat to the public health, safety, and welfare in an area as densely populated as Baltimore City; the noises most obnoxious to the public health, safety, and welfare and least necessary for any constitutionally protected or otherwise necessary activity are those that are loud, boisterous, raucous, or unseemly or that are generated solely for the purpose of entertainment, without regard to the health, welfare, and safety of others who, because of population density, are unable to avoid being subjected to those noises; and an alarming increase is occurring in the frequency and volume of this sort of noise, particularly from loud parties and from the plethora of portable sound-producing and reproducing devices available today. The Mayor and City Council intend this subtitle, therefore, to serve as a vehicle for the control and regulation of noises that pose a threat to the health, safety, or welfare of the citizens of Baltimore. One part of this subtitle regulates noises generated solely for entertainment purposes. Another balances the public interest in regulating certain types of noisy commercial advertising to protect the public health, safety, and welfare, on the one hand, against the interests of the commercial establishments employing that advertising, on the other. City Code, 1976/83, art. 19, §220(parts) Ord. 99-548

This subtitle applies to commercial, religious, political, civic, or free speech activities only:where the application is clearly indicated; or where religious, fraternal, civic, political, charitable, or civic organizations provide entertainment, as in the case of “fund raisers” or similar activities. This subtitle does not apply to:City-sponsored events in public parks; sound equipment used at any professional sports stadium; or any public service company, as defined in State Code <cite data-path="|78">Article 78</cite>. City Code, 1976/83, art. 19, §§220(parts), 221(d) Ord. 99-548

The Commissioner of Health may issue a permit for a temporary exemption from this subtitle for commercial, political, civic, charitable, or other organizations to conduct activities such as fund raisers, carnivals, bazaars, meetings, and other special events. An application for a temporary exemption must be made in the form that the Commissioner requires. In addition to any other information that the Commissioner requires, the application for must contain:the name of the applicant; the location of the property for which the exemption is requested; the dates and the hours for which the exemption is requested; the equipment, instruments, or devices that will be producing the sound; the name of the person in charge of operating the equipment, instruments, or devices; and a statement of the reason the exemption is needed or appropriate. Before issuing a temporary exemption, the Commissioner must consider the impact of the proposed activity on the surrounding area. A temporary exemption must:be in writing; be signed by the Commissioner; and set forth:the name of the person granted the exemption; the location of the property for which the exemption is granted; the dates and hours for which the exemption is effective; the equipment, instruments, or devices to which the exemption is limited; and any conditions or requirements that the Commissioner specifies. City Code, 1976/83, art. 19, §223 Ord. 99-548

Except as authorized under <cite data-path="|health|§9-303">§ 9-303 {“Temporary exemptions”} of this subtitle</cite>, no person may play, operate, or permit to be played or operated any radio, musical instrument, phonograph, tape- or compact disc-player, or other device for the production or reproduction of sound if: that sound is used or intended for entertainment; and either:the device is in a building or other structure or in a vehicle, and the sound can be heard more than 50 feet away from the building, structure, or vehicle or, if further, 50 feet from the boundaries of the property surrounding the building or structure; the device is in or on a public street, building, park, or other public area, in or on a public access area, such as a shopping mall, parking lot, etc., or on any private property and the sound can be heard more than 50 feet from its source; or the device is being played between 10 p.m. and 8 a.m. in or on a public street, unless the person is participating in a school band or a licensed parade or has otherwise been authorized to play the device. City Code, 1976/83, art. 11, §238(d), art. 19, §221(a) Ord. 99-548

A parent or guardian may not knowingly permit a minor for whom the parent or guardian is responsible to violate <cite data-path="|health|§9-306">§ 9-306 {“Prohibited conduct — in general”} of this subtitle</cite>. City Code, 1976/83, art. 19, §221(c)(3)(i) Ord. 99-548

If the device is located in a building or other structure or in a vehicle, the owner, occupant, resident, manager, operator, or other person in charge of the premises or vehicle, if present, is presumed to be responsible in the absence of evidence to the contrary. If the device is outdoors, the person possessing it is presumed to be responsible in the absence of evidence to the contrary. City Code, 1976/83, art. 19, §221(b) Ord. 99-548

A police officer who finds any minor violating <cite data-path="|health|§9-306">§ 9-306 {“Prohibited conduct — in general”} of this subtitle</cite> must order the minor to stop the violation. If the minor fails to comply with the order, the police officer may take him or her into custody. After the information necessary to carry out the purposes of this subtitle has been recorded, the minor must be:promptly released to his or her parent or guardian, with written notice to the parent or guardian of the violation; and referred to the Baltimore City Police Department’s court sanctioned pre-intake adjustment program. City Code, 1976/83, art. 19, §221(c)(1), (2) Ord. 99-548

No commercial enterprise may broadcast over a loudspeaker or other device so that the sound can be heard more than 100 feet from the boundaries of the building or property where the device is located or, if the device is in a vehicle, more than 100 feet from that vehicle. The owner, manager, operator, or other person in charge of the building, premises, or vehicle from which the sound emanates is presumed to be responsible in the absence of evidence to the contrary. City Code, 1976/83, art. 19, §222 Ord. 99-548

Except as specified in subsection (b) of this section, no person may sell anything by outcry between 10 p.m. and 8 a.m. This section does not apply to the sale of merchandise, food, or beverages at licensed sporting events, parades, fairs, circuses, and similar, licensed entertainment events. City Code, 1976/83, art. 11, §238(c) Ord. 99-548

Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, subject to the penalties specified in this section. For an adult who violates <cite data-path="|health|§9-306">§ 9-306 {“Prohibited conduct — in general”} of this subtitle</cite>, the penalty is a fine of not more $500 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. For a parent or guardian who violates § 9-307 {“Prohibited conduct —parents or guardians of minors”<strong>}</strong> of this subtitle within 12 months after receiving written notice of the minor’s having violated <cite data-path="|health|§9-306">§ 9-306 {“Prohibited conduct — in general”} of this subtitle</cite>, the parent or guardian is subject to a fine of not more than $100 for each offense. For any violation of <cite data-path="|health|§9-313">§ 9-313 {“Outcrying”} of this subtitle</cite>, the penalty is a fine of not more than $1,000 for each offense. For any violation of <cite data-path="|health|§9-312">§ 9-312 {“Loudspeakers, etc.”} of this subtitle</cite>, the penalty is a fine of not more than $1,000 or imprisonment for not more than 60 days or both fine and imprisonment for each offense. Every day that a violation continues is a separate offense. Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Commercial speech” means speech or sound intended to promote any business or other activity carried on for profit. “Market Center Urban Renewal Area” means the urban renewal area established by the Market Center Urban Renewal Plan. “Publicly amplified sound” means any radio, phonograph, tape- or compact disc-player, loudspeaker, or other device that:electronically produces, reproduces, or amplifies the human voice or other sound; and is located:on public property; or on private property, but either:in an unenclosed area; or if in an enclosed area, within 9 feet of the nearest outside edge of the enclosed area. City Code, 1976/83, art. 19, §225 (parts) Ord. 99-548

The Mayor and City Council finds that the Market Center Urban Renewal Area serves the City in many important and irreplaceable ways. Most obviously, the area is a heavily used and essential retail and office district, providing job and shopping opportunities for countless thousands of City residents. Equally important, however, is the traditional role that the area serves as a public forum for many diverse kinds of City residents. On any given day, dozens of people come to the district to promote their ideas on a wide variety of topics. The Mayor and City Council further finds that publicly amplified sounds have hindered the use of the Market Center Urban Renewal Area, both as a shopping, office, and employment center and as a marketplace for the exchange of ideas. While recognizing that, in some instances, the reasonable use of amplification equipment facilitates the exchange of ideas, the Mayor and City Council finds that the indiscriminate use of this equipment in the Market Center has created a condition demonstrably injurious to the health, welfare, and safety of the citizens of Baltimore. Specifically, the Mayor and City Council finds that publicly amplified sound:can be injurious to the health of those exposed to it; when coming from or near a first floor business, impairs the use of offices above that business; deters people from coming to the Market Center to shop, work, and exchange ideas; hinders efforts to attract new businesses to the Market Center; can be hazardous to pedestrians and motorists in the Market Center; and aggravates an already-existing din that is caused by the architecture, building arrangement, proximity of businesses, and topography of the area and that is at its worst between 11 a.m. to 3 p.m. Through the enactment of this subtitle, the Mayor and City Council intends:to promote the use of the retail district both as a shopping, office, and employment center and as a marketplace for the exchange of ideas; and to control the negative effects of publicly amplified sounds while allowing reasonable use of electronic amplification equipment. City Code, 1976/83, art. 19, §224 Ord. 99-548

With respect to publicly amplified sounds in the Market Center Urban Renewal Area, this subtitle supersedes all other noise regulations of the City Code. This subtitle does not apply work performed by a public service company, as defined in State Code <cite data-path="|78">Article 78</cite>. City Code, 1976/83, art. 19, §§226, 227 Ord. 99-548

In the Market Center Urban Renewal Area, between 11 a.m. and 3 p.m., Monday through Saturday, no person may use any publicly amplified sound that contains commercial speech. At all other times in the Market Center Urban Renewal Area, no person may use any publicly amplified sound that contains commercial speech without a permit to do so from the Commissioner. City Code, 1976/83, art. 19, §§228, 229(b)(1st sen.) Ord. 99-548

At all times in the Market Center Urban Renewal Area, no person may use any publicly amplified sound not containing commercial speech without a permit to do so from the Commissioner. City Code, 1976/83, art. 19, §229(a)(1st sen.) Ord. 99-548

All loud and raucous sound is prohibited in the Market Center Urban Renewal Area. The receipt of a permit is not a defense to a charge of producing or causing any loud and raucous sound. City Code, 1976/83, art. 19, §229(e) Ord. 99-548

An application for a permit must be made in the form that the Commissioner requires. In addition to any other information that the Commissioner requires, the application must contain:the name of the applicant; the location of the property for which the permit is requested; the dates and hours for which the exemption is requested; the equipment that will be used to amplify sound; and a statement as to whether the sound will contain commercial speech. Ord. 99-548

The Commissioner must:review each application for a permit within 3 days of its submission; and on a reasonable showing that the amplifying equipment will not be used to produce loud and raucous sounds, promptly issue the permit to the applicant. Except as needed to verify the noncommercial nature of any proposed speech, the Commissioner may not inquire into the content of the speech sought to be amplified. The Commissioner may not charge a fee for the permit. Each permit:is valid for 60 days; and may be renewed an indefinite number of times. City Code, 1976/83, art. 19, §§ 229(a)(2nd sen.), (b)(2nd sen.), (c), (d), 230(a)(1st sen.) Ord. 99-548

Within 3 days after the Commissioner of Health denies any application for a permit, the Commissioner must:apply to the Circuit Court for Baltimore City for a review of the denial; and notify the applicant by first class mail of this action. If the Court does not render a decision within 10 days of the permit denial, the applicant may proceed as if a permit had been granted, subject to:the same restrictions and obligations that apply to permits issued under this subtitle; and immediate termination of all electronic amplification if the Court later affirms the Commissioner’s denial. If the Court affirms the Commissioner’s denial of the permit, the Commissioner must cooperate with any motion for expedited appeal made by the applicant. City Code, 1976/83, art. 19, §230(a)(2nd, 3rd sens.), (b), (c), (d) Ord. 99-548

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or to imprisonment for not more than 10 days or to both fine and imprisonment for each offense. City Code, 1976/83, art. 19, §231 Ord. 99-548

In this title, the following terms have the meanings indicated. “Alter” means to surgically or chemically render an animal incapable of reproducing. “Animal” means any living creature other than a human being. “Animal at large” has the meaning stated in <cite data-path="|health|§10-504">§ 10-504 of this title</cite>. “Animal clinic” means any facility that is regularly used by a veterinarian for the immunization, diagnosis, or treatment of or surgery on animals. “Animal enforcement officer” has the meaning stated in <cite data-path="|health|§10-110">§ 10-110 {“Animal enforcement officers”} of this title</cite>. “Animal fancier” means a person who owns or keeps, within or adjoining a private residence, 2 or more animals for the non-commercial purposes of:breeding; hunting; tracking; exhibition in shows; or exhibition in field or obedience trials. “Animal shelter” means any facility that is owned or operated by or under contract with the City or a humane society for the care or detention of animals under authority of State or City law. “Animal show” means any commercial circus, variety show, spectacle, display, act, or event in which animals perform. “Cat” means any domesticated feline. “Cat” does not include any:wild or exotic feline; or except as specifically stated, feral cat. “Commercial establishment” means, except as provided in paragraph (3) of this subsection, any person engaged in the business of selling, transferring, or conveying animals or providing animal services. “Commercial establishments” includes any:animal auction; animal show; commercial kennel; commercial pet distribution or other facility where animals are held for sale at wholesale or for distribution to other commercial establishments or to zoological parks, aviaries, or aquariums; grooming establishment or similar facility where animals are cleaned, bathed, clipped, plucked, or otherwise groomed for a fee; stable or other facility for horses; pet shop; petting zoo or other commercial establishment, activity, or facility that permits persons to come into physical contact with animals maintained by the establishment, activity, or facility; or zoological park. “Commercial establishments” does not include any:animal clinic, unless it engages in the boarding of healthy animals not currently being treated by the clinic; animal shelter; or animal fancier. “Commercial kennel” means, except as specified in paragraph (2) of this subsection, any facility:for the commercial breeding of dogs or cats; or where dogs or cats are boarded, groomed, sold, bought, or trained for a fee. “Commercial kennel” does not include any:animal clinic, unless it engages in the boarding of healthy animals not currently being treated by the clinic; animal shelter; or animal fancier. “Custodian” means a person:who temporarily or permanently provides food, shelter, and care for an animal in the absence of the owner; or who exercises control over the particular animal on a regular basis. “Dangerous animal” has the meaning stated in <cite data-path="|health|§10-702">§ 10-702 of this title</cite>. “Dog” means any member of the domesticated canine species. “Domesticated animal” means any animal of a species that:has been bred and raised and is accustomed to live in or about the habitation of humans; and is dependent on humans for food or shelter. “Exotic animal” means:any wild animal of a species that is not indigenous to the State of Maryland; and any other animal that the Commissioner specifies by rule or regulation adopted under § 2-106 “Rules and regulations”} of this subtitle. “Exotic animal” includes any hybrid animal that is part exotic animal. “Feral cat” means a cat that is unsocialized to humans and has a temperament of extreme fear of and resistance to contact with humans. “Feral cat caregiver” means any person who, in accordance with a program approved by the Commissioner to trap, alter, vaccinate for rabies and distemper, ear tip, and return feral cats:provides care, including food, shelter, or medical care, to the cat; or has temporary custody of the cat. “Humane officer” means an agent of a humane society who has been registered and approved by the Commissioner to perform the duties specified in this title. “Humane society” means an entity incorporated under the laws of this State for the prevention of cruelty to animals or for promoting the humane care and treatment of animals. “Hybrid animal” means any animal that is a cross bred between a domesticated animal, exotic animal, or wild animal. “Keep” means for an owner, custodian, or occupant of real property to:feed or shelter any animal on the premises of the occupant, custodian, or owner; or to permit another to feed or shelter any animal on the premises of the occupant, custodian, or owner. “Office” means the Health Department’s Office of Animal Control or the Office’s agent. “Owner” means any person who:has a right of property in the animal; is the parent or guardian of a minor who owns or possesses an animal (and, for the purposes of this title, the parent or guardian is responsible for the animal); or is the individual who has been approved for a license or permit of an animal. “Panel” means the Animal Hearing Panel in the Department of Health. “Pet” means any animal kept primarily for pleasure rather than utility. “Pet shop” means any establishment, whether maintained separately or in connection with another commercial enterprise, that offers live animals for sale with the intent or expectation that they be kept as pets. “Veterinarian” means an individual authorized by law to practice veterinary medicine in the State of Maryland. “Vicious animal” has the meaning stated in <cite data-path="|health|§10-703">§ 10-703 of this title</cite>. “Wild animal” means any animal that is normally found in the wild. “Zoological park” means a facility in which more than 1 species of animal:is confined within enclosures; and exhibited or displayed to the public for a fee. “Zoological park” includes an aquarium. “Zoological park” does not include the other animal establishments listed in the definition of “commercial establishment”. City Code, 1976/83, art. 11, §24 (parts) City Code, 1976/83, art. 19, §231 Ord. 00-024 Ord. 99-548 Ord. 07-583 Ord. 11-573 Text Conformed 03/10/21 Text of subsection (r) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

The purpose of this title is: to provide for the health, safety, and welfare of the public; for humane care and treatment of animals; for the protection of animals from abuse , cruelty, and neglect; and for the prevention and removal of nuisances. Ord. 11-573

The rules and regulations that the Commissioner adopts under § 2-106 {“Rules and regulations’] of <cite data-path="|health">this article</cite> may include provisions: for the issuance of permits and licenses under this title; requiring the humane care of all animals; governing the general care and control of animals; governing the operation of facilities subject to this title; providing for the approval of programs to trap, alter, vaccinate for rabies, ear tip, and return feral cats; to define or further define terms used in this title; and to carry out the provisions of this title. City Code, 1976/83, art. 11, §§26(a), 28(b) Ord. 99-548 Ord. 07-583 Ord. 11-573

The Commissioner may request the Mayor’s Anti-Animal Abuse Advisory Commission, established under City Code <cite data-path="|1">Article 1</cite>, Subtitle 55,. to research best practices and make recommendations to the Commissioner about the regulation and treatment of animals. Ord. 11-573

With the approval of the Board of Estimates, the Commissioner may set fees and charges for:the issuance and renewal of all licenses and permits issued under this title; the removal or disposal of dead animals by the City for any animal clinic, humane society, veterinary office, or other institution or agency or person; and any of the other services provided under this title. With the approval of the Board of Estimates and the Director of Finance, a percentage of all the funds collected for the City under this title (e.g., fees and charges) may be appropriated to the Health Department in order for the Office to fund its animal control and protection programs in Baltimore City. City Code, 1976/83, art. 11, §26(b), (c) Ord. 99-548 Ord. 11-573

With the approval of the Commissioner and the Board of Estimates, the Department may enter into a contract with others to provide services under this title, except for non-delegable government functions. Ord. 11-573

In accordance with <cite data-path="|health|§2-107">§ 2-107 {“Right of entry”} of this Article</cite> and § 104.6 {“Right of entry”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>, the Commissioner may inspect all animals and all premises where animals are kept. The right to make these inspections is a condition of the issuance of any license or permit issued under this title. The Commissioner must make every effort to investigate all complaints submitted under Part III of this subtitle. The Commissioner may impound animals as required or authorized by this title. City Code, 1976/83, art. 11, §§26(e), (g), 29(c) Ord. 99-548 Ord. 11-573 Ord. 15-427

There is an Office of Animal Control in the Department of Health. The head of the Office is the Director of Animal Control, who is appointed by the Commissioner from a list certified by the Civil Service Commission. The Commissioner may appoint the staff of the Office as provided in Title 2 of <cite data-path="|health">this article</cite>. City Code, 1976/83, art. 11, §25(a) Ord. 99-548 Ord. 11-573

In this section, “animal enforcement officer” means any person:designated by the Commissioner as an animal enforcement officer; and appointed by the Police Commissioner under City Code <cite data-path="|19|§71-1">Article 19, § 71-1</cite> for the purpose of enforcing the animal control and protection laws, rules, and regulations of this City and State. Animal enforcement officers are authorized and empowered to:enforce this title by impounding animals found at large, animals injured, ill, or neglected, or found to be diseased; enforce the license, permit, and inoculation requirements of this title; enforce the cruelty and neglect provisions of this title by removing and impounding mistreated animals; administer emergency assistance to injured animals that come into the custody of the City, without need to obtain the consent of the owners or custodians of the animals; in accordance with <cite data-path="|health|§10-108">§ 10-108 of this subtitle</cite>, conduct inspections of animal facilities and private residences, as directed by the Commissioner; issue citations to persons who are in violation of this title; and enforce any requirements of the animal control and protection laws, rules, and regulations of this City and, as authorized by State law, of this State. An animal enforcement officer may direct an owner or custodian to:provide veterinary examination and treatment of an animal; abate conditions that adversely affect the health and well-being of an animal, including the use or provision of:protection from the elements; protection from hazardous conditions; methods of restraint or confinement; wholesome food and potable water; and sanitary conditions; and properly comply with any other provision of this title. An animal enforcement officer must comply with the requirements of <cite data-path="|health|§2-107">§ 2-107 {“Right of entry”} of this article</cite> and § 104.6 {“Right of entry”} of the <cite data-path="|building-codes|II">Building Code</cite> when entering any land, structure, or premises in the City. A commercial establishment may not refuse an inspection authorized by <cite data-path="|health|§10-108">§ 10-108 of this subtitle</cite>. Animal enforcement officers are authorized to inspect commercial establishments:to determine if the establishment is operating in compliance with its license or permit requirements; to determine that all animals are being treated and kept in compliance with the establishment’s license or permit requirements; to determine that all animals within the facility are being treated and kept in compliance with this title; or when responding to a complaint that:an animal is being treated inhumanely or in violation of this title; the facility is being maintained in an unsanitary manner; or animals are being kept or the establishment is being maintained in violation of any provision of this title. If the Commissioner determines that an animal is being subjected to cruelty or neglect, the animal enforcement officer may refer the matter to the State Attorney’s office for prosecution. In addition, the Health Commissioner may refer the matter for further criminal investigation to the police officer in the Chief of Patrol’s Office who has been designated by the Police Commissioner as the Police Department’s Animal Cruelty Liaison to the Office. Ord. 11-573

Notices issued to a person under this title must be:in writing; and served:in person; by certified mail, return receipt requested; by delivery to an individual of suitable age and discretion who resides at the person’s last known address; or by posting on the main entrance of the premises at which the violation occurred and mailing by regular mail to the person at that person’s last known address. The last known address of an animal’s owner or custodian may be determined by the animal’s tag, tattoo, microchip, license, permit, or property on which the animal was found. Ord. 11-573

No person may knowingly obstruct, resist, or interfere with the Commissioner, any animal enforcement officer, or any other officer, employee, or authorized representative of the Office. No person may willfully make a false statement about ownership, custodianship, identity, or address to an animal enforcement officer or any authorized representative of the Office. Ord. 11-573

Any person may submit a complaint to the Office if the person knows of:a violation of this title or of a rule or regulation adopted under this title; or a violation of any other animal control or protection law, rule, or regulation of this City or State. The complaint must be:a written complaint in a form that the Office requires; or an oral complaint that is recorded in the City’s 311 system. The complaint must:describe the animal; identify where it is located; and state in clear language how the animal is in violation of any law, rule, or regulation. Ord. 11-573

Once a complaint has been submitted and reviewed by the Office, an animal enforcement officer may investigate the complaint to determine its validity. If the Office determines the complaint to be valid, the Office may direct an owner or custodian to properly follow any provision of the animal control and protection laws, rules, and regulations of this City and State. If the owner or custodian is aggrieved by the action of the Office, the person may request a hearing under Subtitle 10 of this title. Ord. 11-573

If, on investigation of a complaint, the Office believes that the animal is a dangerous or vicious animal, the Office must: submit a written investigation report to the Animal Hearing Panel; and impound the animal pending a hearing by the Animal Hearing Panel. Ord. 11-573 Ord. 22-124

The owner of any dog or cat must obtain and renew a license for that dog or cat, as provided in this Part I. The license must be obtained within 10 days of the following, whichever is later:when the dog or cat becomes 4 months old; or when the dog or cat was acquired by the owner, whether or not the previous owner had a license for the animal. City Code, 1976/83, art. 11, §27(a) Ord. 99-548 Ord. 00-024 Ord. 11-573

The Commissioner must provide for the following classes of licenses:Class A Licenses, for:dogs and cats that have been altered; and dogs and cats that have not been altered, but for which a licensed veterinarian certifies in writing that, because of age or bad health, the animal should not be altered. Class B Licenses, for disability service animals, whether or not altered, on the applicant’s submission of an affidavit claiming the person has a disability. Class C Licenses, for the lifetime of dogs and cats that are altered and microchiped. Class D Licenses, for all other dogs and cats. The license fee for each class is as set under <cite data-path="|health|§10-106">§ 10-106 of this title</cite>. For owners 65 years old or older, the annual fee for each license class is 50% of the annual fee otherwise set for that class. Ord. 00-024 Ord. 02-323 Ord. 11-573

The application for a license must: be in the form that the Commissioner requires; be accompanied by the required fee; be accompanied by an affidavit certifying that neither the applicant nor anyone residing on the applicant’s household has ever been convicted of animal abuse, cruelty, or neglect; and contain:the name and address of the owner; a description of the dog or cat; proof of a still-current rabies vaccination, unless this requirement is waived by the Public Health Veterinarian; and any other information that the Commissioner requires. City Code, 1976/83, art. 11, §27(b) Ord. 99-548 Ord. 00-024 Ord. 11-573

On approval of the application and receipt of the required fee, the Office must issue the license. Together with the license, the Office must issue an identification tag that is:durably constructed; designed so that it can be conveniently fastened or riveted to a well-fitted collar or harness; and stamped with the year of its issuance and an identifying number. For an unlicensed dog or cat that is reclaimed or adopted from an animal shelter, the animal shelter must:require a license application and the required fee to be submitted to it; and on receipt of the application and receipt of the required fee, issue the license and identification tag for that dog or cat. City Code, 1976/83, art. 11, §27(d) Ord. 99-548 Ord. 00-024 Ord. 11-573

Unless sooner suspended or revoked, a dog or cat license (except for a Class C License) expires annually on the anniversary of its issuance. City Code, 1976/83, art. 11, §27(c) Ord. 99-548 Ord. 00-024 Ord. 11-573

The Office and the animal shelter must:keep a record of the identifying numbers of all licenses, identification tags, and microchips issued; and make this record available to the public and other City agencies, subject to a copy fee. If a license, microchip, or an identification tag is lost or destroyed, a replacement must be obtained and the required fee paid. City Code, 1976/83, art. 11, §27(f), (h) Ord. 99-548 Ord. 00-024 Ord. 11-573

No person may: fail to obtain a license as required by this Part I; permit any cat or dog for which the person is required to obtain a license to be outdoors at any time unless it is wearing a valid identification tag issued under this subtitle; use any license or identification tag for any dog or cat other than the one for which it was issued; use any license or identification tag that was issued to a previous owner of the dog or cat; remove any identification tag from any dog or cat without the consent of its owner; use any microchip required by this subtitle for any dog or cat other than the one to which the microchip applies; or except as authorized by the Commissioner, remove from any dog or cat any microchip required by this subtitle. City Code, 1976/83, art. 11, §27(e), (g), (i), (j) Ord. 99-548 Ord. 00-024 Ord. 02-323 Ord. 11-573

Whenever the owner of an animal places it in the care or custody of another person, the owner must provide that custodian with a copy of the license and identification tag issued under this Part for the animal. Ord. 11-573

No person may operate any of the following facilities without a license to do so from the Commissioner, as provided in this Part II:animal clinic; animal shelter; commercial establishment; or animal fancier. Every facility subject to this Part II is considered a separate enterprise and requires a separate license. City Code, 1976/83, art. 11, §28(a), (e), (h) Ord. 99-548 Ord. 11-573

The application for a facility license must: be in the form that the Commissioner requires; be accompanied by an affidavit certifying that neither the applicant nor any operator, employee, or agent of the applicant has ever been convicted of animal abuse, cruelty, or neglect; contain the information that the Commissioner requires; and be accompanied by the required fee. Ord. 99-548 Ord. 11-573

The Office must issue the license if the applicant: meets the requirements of this Part II; and shows the willingness and ability to comply with the requirements of this title and the rules and regulations adopted under it. City Code, 1976/83, art. 11, §28(c) Ord. 99-548 Ord. 11-573

Unless sooner suspended or revoked, a facility license expires annually on the anniversary date of its issuance. City Code, 1976/83, art. 11, §28(d) Ord. 99-548 Ord. 11-573

Every facility that sells or gives away any animal must keep a record of:the name, address, and telephone number of the person to whom the animal was sold or given; and the breed, color, sex, and age of the animal; and any other information concerning an animal that the Commissioner requires. The facility must:retain these records for at least 2 years; and make them available for inspection by the Office during normal business hours. Ord. 00-024 Ord. 11-573

No person may operate any facility subject to this Part II in violation of: any condition imposed on the facility’s license; or any provision of this title or of a rule or regulation adopted under this title. Ord. 99-548 Ord. 00-024 Ord. 11-573

Subject to the hearing procedures of Subtitle 10 of this title, the Commissioner must deny or revoke any dog or cat license issued under this subtitle if the applicant or licensee, at any time, has been convicted of animal abuse, cruelty, or neglect. Subject to the hearing procedures of Subtitle 10 of this title, the Commissioner may deny, amend, suspend, revoke, or refuse to renew any license or permit issued under this title if the applicant, licensee, or permittee:has withheld or falsified any information on an application; during the preceding year, has failed to reclaim an impounded animal within the time required by Subtitle 8 {“Impoundment”} of this title; during the preceding year, has surrendered an animal after receiving a violation notice or citation; or within any 12-month period, has committed 3 or more violations of this title for which the applicant, licensee, or permitee:has been convicted; or received environmental or civil citations that have been disposed of other than by a decision of “not guilty”. City Code, 1976/83, art. 11, §28(d) Ord. 99-548 Ord. 00-024 Ord. 03-595 Ord. 11-573

Subject to the hearing procedures of Subtitle 10 of this title, the Commissioner also may deny, suspend, amend, revoke, or refuse to renew any license or permit issued under this title if the applicant, licensee, or permitee neglects, refuses, or otherwise fails to comply with any provision of: this title; a rule or regulation adopted under this title; or any other law governing the keeping and protection of animals. City Code, 1976/83, art. 11, §§26(d), 29(a) Ord. 99-548 Ord. 00-024 Ord. 11-573

No part of a license or permit fee may be refunded when the license or permit is suspended, amended, or revoked. City Code, 1976/83, art. 11, §29(b)(2nd cl.) Ord. 99-548 Ord. 11-573

A person whose license or permit for an animal is denied, suspended, or revoked must, within 5 days of the denial, suspension, or revocation:surrender the animal to the Office; or elect to transfer the animal to a new owner and provide the Office with the two notarized affidavits required by subsection (b) of this section. If the current owner elects to permanently transfer the animal to a new owner, then:within 5 days of the denial, suspension, or revocation of the owner’s license or permit for the animal, the current owner must provide an affidavit to the Office, on the form designated by Office, that includes the following:the name, breed, age, weight, and physical description of the animal; the new owner’s name, address, phone number, and email address; the address where the animal will reside; an acknowledgment that, after transferring the animal to the new owner, the current owner will make no attempt to regain ownership or possession of the animal for the remainder of the animal’s life; any other information that the Office requires; and the current owner’s notarized signature; and within the same 5-day period, the new owner must provide an affidavit to the Office, on the form designated by Office, that includes the following:the name, breed, age, weight, and physical description of the animal; the new owner’s name, address, phone number, and email address; the address where the animal will reside; an acknowledgment that, after the transfer of the animal to the new owner, the new owner accepts permanent ownership and possession of the animal; an acknowledgment that, after the transfer of the animal to the new owner, the new owner will not transfer the animal back to the current owner for the remainder of the animal’s life; an acknowledgment that the new owner consents to an inspection of the address where the animal will reside prior to the transfer of the animal; any other information that the Office requires; and the new owner’s notarized signature. Before transferring the animal to the proposed new owner, the Office must:verify the information provided in the affidavits provided pursuant to subsection (b) of this section; verify that the proposed new owner meets the Office’s standards for animal adoption; and verify the suitability of the new environment for the animal. If the Office, in its sole discretion, determines that any information contained in the notarized affidavits is false, or that another of the requirements of subsection (c)(1) of this section cannot be met, the Office may immediately confiscate the animal. After the Office’s verification and approval of the notarized affidavits, the new owner must reclaim the animal in accordance with <cite data-path="|health|§10-805">§ 10-805 {“ Reclaiming animal”} of this title</cite> within 72 hours of notice of the approval from the Office. Failure to comply with any of the requirements of this section may result in the immediate confiscation by the Office of the animal for which a license has been denied, suspended, or revoked. City Code, 1976/83, art. 11, §29(b)(1st cl.) Ord. 99-548 Ord. 11-573 Ord. 15-322

Any person who is denied a license or permit under this title, or who has had a license or permit revoked under this title, may not reapply for for any license or permit under this title for: 3 years; or if the person was convicted of cruelty to or neglect of animals, 5 years. City Code, 1976/83, art. 11, §29(f) Ord. 99-548 Ord. 00-024 Ord. 11-573 Ord. 15-322

No person may own or keep a dog, cat, feral cat, or ferret that is older than 4 months unless it has a current rabies vaccination, unless this requirement is waived by the Public Health Veterinarian. Any person who brings a dog, cat, feral cat, or ferret over 4 months old into the City must have readily available a current rabies vaccination certificate signed by a veterinarian or issued by an approved government agency. A dog, cat, feral cat, or ferret for which there is no evidence of a current vaccination must immediately be:vaccinated by a veterinarian; or removed from the City. Except as provided in paragraph (2) of this subsection, any unlicensed dog, cat, or feral cat that is older than 4 months is presumed to be unvaccinated. This presumption can be rebutted only by a current rabies vaccination certificate signed by a veterinarian or issued by an approved government agency. A feral cat that has been ear tipped is presumed to have been vaccinated at least once. Any veterinarian who administers a rabies vaccination to an animal must complete a vaccination certificate and give a copy of the certificate to the animal’s owner or custodian. In addition to any other information that the Commissioner requires, the certificate must state:the date the vaccination was administered; and the vaccination’s expiration date. The Commissioner may operate rabies vaccination clinics and charge reasonable fees to defray the cost of the services provided. In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may require rabies vaccinations for other animals. Whenever the owner of an animal places it in the care or custody of another person, the owner must provide that custodian with a copy of the animal’s rabies vaccination certificate. City Code, 1976/83, art. 11, §§27(k), 35(a) - (c) Ord. 99-548 Ord. 00-024 Ord. 07-583 Ord. 11-573 Text Conformed 03/10/21 Text of subsection (f) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In addition to complying with State Health-General Article, § 18-316, a person must immediately, by telephone or in person, report to the Commissioner and the Baltimore City Police Department whenever that person has knowledge of:any animal susceptible to rabies that:has bitten or scratched and broken the skin of any human being; or otherwise has exposed any human being to a possible rabies infection; any animal that has been bitten by another animal suspected of having rabies; or any other animal that is suspected of having rabies. In addition to the requirements of State Health-General Article, § 18-316, the following apply to a quarantined animal:the animal must be isolated in the manner and for the period that the Commissioner directs; and at any time during the isolation, the Commissioner or the owner or custodian of the animal may direct that the animal be humanely killed for the purpose of rabies testing. The isolation and examination of an animal under this section is at the expense of the animal’s owner or custodian. When the animal is impounded, the animal’s owner or custodian must pay to the Office an initial deposit, as set under <cite data-path="|health|§10-106">§ 10-106 of this title</cite>, toward expenses related to isolation and examination. An animal isolated under this section may be released only:with the consent of the Commissioner; and on payment of:the fee set for each day or part of a day that the animal was held; and all costs incurred during the isolation. City Code, 1976/83, art. 11, §35(d), (e) Ord. 99-548 Ord. 11-573

Every owner or custodian of an animal must provide the animal with humane care and treatment, which includes providing all of the following: sufficient and wholesome food and water, which means:at least once a day, the animal must be fed food of a sufficient quantity and with adequate nutritive value, in clean and sanitary receptacles; and the animal must have clean and drinkable water available at all times; proper shelter and protection from the weather, which means:the animal must be kept reasonably free of urine, fecal matter, and any other trash or hazardous material; the animal must have reasonable protection to minimize heat exposure; and the animal must have access to a structurally sound shelter in good repair that provides suitable protection from the elements; veterinary care when needed to prevent suffering or to maintain the animal’s health; and sufficient exercise space, which means:the animal must have proper space to be able to stand to its full height, stretch out, turn around, lie down, and make normal postural adjustments comfortably; the animal must be allowed to exercise and must be given freedom of movement as necessary to maintain good physical condition; and more specifically for dogs, cats, and feral cats:a dog. cat, or feral cat may only be confined to a cage for temporary confinement; and if a dog is caged, it must be removed from the cage and exercised at least:twice daily for at least half an hour each time; or once a day for a minimum of 2 hours. City Code, 1976/83, art. 11, §32(a) Ord. 99-548 Ord. 11-573

All animals must be restrained:as required by this section; and in the case of a dangerous animal, as required by <cite data-path="|health|§10-702">§ 10-702 {“Dangerous animals”} of this title</cite>. Except as otherwise authorized under paragraph (2) of this subsection, all animals must be kept:confined in a building or secure enclosure; secured by a leash or otherwise; or restrained according to rules and regulations adopted by the Commissioner. This subsection does not apply while the animal is:participating in an off-leash activity approved by the Commissioner; or is in an area and during the hours approved by the Director of Recreation and Parks for off-leash recreation. Every female animal in heat must be confined in a building or secure enclosure so that it cannot come into contact with a male animal, except if the owner has an animal fancier permit. City Code, 1976/83, art. 11, §§24(29), 30(a), (c) Ord. 99-548 Ord. 09-172 Ord. 11-573

No person may place, confine, or allow an animal to be placed or confined inside a vehicle under conditions or for a period of time that endanger the health or well-being of the animal due to temperature, lack of food or drink, or other conditions that might reasonably be expected to cause death, disability, or suffering. No person may allow an animal to ride in the unenclosed area of a vehicle unless the animal is confined by a secure tether or a securely affixed and ventilated crate. Ord. 11-573

The owner or custodian of a dead animal may not:deposit the animal or leave it exposed on any public or private property; or place it in a storm drain or watershed area. Dead animals must be promptly disposed of by cremation, burial, or other sanitary means. On request, the Office may pick up dead domesticated animals for disposal, subject to a fee for the disposal as set under <cite data-path="|health|§10-105">§ 10-105 of this title</cite>. Ord. 11-573

Except as provided in subsection (c) of this section, the owner or custodian of an animal must:have in his or her possession a means for the removal and sanitary disposal of the animal’s feces; and immediately remove all feces left by the animal:on that person’s or any other person’s private property; or on any public property, including any street, sidewalk, foot path, median, gutter, alley, park, or recreation area. The owner or custodian of an animal may not dispose of the animal’s feces by placing them in a storm drain or watershed area. Subsection (a) of this section does not apply to:an animal owned by and while working for a law enforcement or other governmental agency; or an animal professionally trained to aid the visually, hearing, or mobility disabled, while actually being used for that purpose. City Code, 1976/83, art. 11, §36 Ord. 99-548 Ord. 05-121 Ord. 11-573

If a motor vehicle hits or is hit by an animal, the driver of the motor vehicle must immediately: stop the vehicle; and if the animal is injured or killed, report the accident to:the Baltimore City Police Department; and the animal’s owner or custodian, if the owner or custodian can be determined and located. City Code, 1976/83, art. 11, §33(f), art. 19, §15 Ord. 99-548 Ord. 11-573

This subtitle does not apply to: customary and normal veterinary and agricultural husbandry practices, including dehorning, castration, tail docking, and limit feeding; a laboratory where scientific research is carried out under regulation of a Maryland or federal agency; an activity that may cause unavoidable physical pain to an animal, including food processing, pest elimination, animal training, and hunting, if the person performing the activity uses the most humane method reasonably available; or normal human activities in which the infliction of pain to an animal is purely incidental and unavoidable. Ord. 11-573

No person may neglect to provide humane care and treatment, as described in <cite data-path="|health|§10-303">§ 10-303 {“Humane care required”} of this title</cite>, for any animal that the person owns, keeps, restrains, or confines, whether as a pet or for any other purpose. City Code, 1976/83, art. 19, §13 Ord. 99-548 Ord. 11-573

In this section, “abandon” means to desert, forsake, or absolutely give up an animal without having secured another owner or custodian for the animal’s care. No person may abandon any animal that the person owns, keeps, restrains, or confines, whether as a pet or for any other purpose. If an animal has been impounded and is not reclaimed by its owner or custodian after having been impounded for 72 hours, the animal is considered to be abandoned and becomes the property of the City. If a person releases and transfers ownership of an animal to the Office or to an animal shelter, that is not an abandonment. If a feral cat caregiver releases a feral cat in accordance with an approved program to trap, alter, vaccinate, ear tip, and return feral cats, the feral cat is not considered abandoned. City Code, 1976/83, art. 11, §32(c). art. 19, §19 Ord. 99-548 Ord. 07-583 Ord. 11-573

No person may act cruelly to or abuse animals, which includes the following actions: teasing, torturing, tormenting, beating, killing, deliberately inciting, intentionally injuring, mutilating, intentionally hitting with a vehicle, overdriving, overloading, or otherwise abusing an animal; subjecting an animal to conditions detrimental to its health and general welfare; administering poison to an animal or knowingly placing or leaving any poisonous or other harmful substance with the intent to injure or kill any animal other than vermin; inflicting unnecessary suffering or pain on an animal or causing unnecessary injury, suffering, of death of an animal under the individual’s charge or custody; leaving any domestic animal unattended in a parked, standing, or stopped vehicle in a manner that endangers the health, safety, or welfare of the animal; confining, tethering, or allowing an animal to remain in outside areas during period of extreme weather without access to proper shelter; hoarding, accumulating, or maintaining a number of animals in a single location, if the number of animals overwhelms a person’s ability to provide nutrition, sanitation, and veterinary care or the person fails to acknowledge the deteriorating health of the animal or condition of the dwelling or facility; or causing, arranging, permitting, or authorizing any of the actions listed in this section. City Code, 1976/83, art. 11, §32(b)(1st cl.), art. 19, §14 Ord. 99-548 Ord. 11-573

In this section, the following terms have the meanings indicated. “Animal fight” means any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. “Animal fighting paraphernalia” means any equipment, product, drug, or other substance or material of any kind that is used or intended or designed for use in the training, preparation, conditioning, or breeding for, in conducting, or otherwise in furtherance of an animal fight. “Animal fighting paraphernalia” includes:a “breaking stick” or similar device that is designed for insertion behind the molars of a dog for the purpose of breaking the dog’s grip on another animal or object; a “cat mill” or similar device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit, or other small animal beyond the grasp of the dog; a treadmill or similar device that is designed for animal exercise consisting of an endless belt on which an animal walks or runs without changing places; a “springpole” or similar device with a biting surface attached to a stretchable device, suspended at a height sufficient to prevent an animal from reaching the biting surface while touching the ground; a “fighting pit”, walled area, or otherwise confined area that is used to contain an animal fight; a “breeding stand”, “rape stand”, or similar device that is used to immobilize female dogs for breeding purposes; and any other instrument or device that is commonly used in the training, preparation, conditioning, or breeding for, in conducting, or otherwise in furtherance of an animal fight. No person may:conduct, cause, attend, or participate in any animal fight; permit any animal that the person owns or keeps to participate in an animal fight; prepare any animal for an animal fight; wager on any animal fight; or breed animals to use them for fighting or to sell them for the purpose of fighting. No person may possess, sell, transfer, or manufacture any item of animal fighting paraphernalia with the intent to engage in or otherwise promote or facilitate an animal fight. To determine whether an object is an item of animal fighting paraphernalia, the court may consider, among other logically relevant factors, the following:any statement by an owner or a person in control of the object concerning its use; any prior conviction of an owner or a person in control of the object under a local, state, or federal law relating to animal cruelty or animal fighting; the proximity of the object, in time and space, to a direct violation of this section or to an animal; direct or circumstantial evidence of the intent of an owner or a person in control of the object to deliver it to another person who the owner or the person in control knows or should reasonably know intends to use the object to facilitate a violation of this section; any instructions, oral or written, provided with the object concerning its use; any descriptive materials accompanying the object that explain or depict its use; the manner in which the object is displayed for sale; the existence and scope of legitimate uses for the object in the community; expert testimony concerning use of the object; and any other verifiable information that indicates that the object is intended or designed for use in violation of this section. Each item of paraphernalia that is possessed, sold, transferred, or manufactured in violation of this section is a separate offense. City Code, 1976/83, art. 11, §32(b)(2nd cl.), art. 19, §10 Ord. 99-548 Ord. 11-573 Ord. 15-430

No animal show may be conducted or held if any animal is induced or encouraged to perform through the use of any chemical, mechanical, electrical, or manual device that is likely to cause physical injury, pain, or suffering. All equipment used on or by a performing animal must fit properly and be in good working condition. City Code, 1976/83, art. 11, §34 Ord. 99-548 Ord. 11-573

No person may use or expose an animal to any pesticide or poison, whether mixed with food or not, without taking all necessary precautions to protect non-target animals from exposure to the pesticide or poison. City Code, 1976/83, art. 11, §32(g) Ord. 99-548 Ord. 11-573

No person may confine any animal in a cage that consists entirely of solid walls. City Code, 1976/83, art. 11, §24(8)(2nd sen.) Ord. 99-548 Ord. 11-573

No person may tether a dog under unsafe conditions, including harsh or extreme weather conditions, that endanger its health, safety, or welfare. No person may tether a dog:by any means other than a fitted color or harness; with a choke collar, training collar, collar with metal spikes, or chain; or with a tether that:does not have swivels at both ends to prevent kinking and knotting; weighs more than 1/8 of the dog’s body weight; is not properly positioned to prevent the tether from becoming entangled in or around objects; unreasonably limits a dog’s movement; restricts the dog’s access to suitable and sufficient food, clean water, and appropriate shelter; is not properly positioned to prevent the dog from reaching or climbing a fence to avoid strangulation; that does not permit the dog to defecate or urinate in an area separate from the area where it must eat, drink, or lie down; confines the dog in unsafe or unsanitary conditions; or causes injury, stress, or demonstrable socialization problems. Ord. 11-573

No person may give away or offer to give away any live animal: as a prize for or as an inducement to enter any contest, game, or other competition; as an inducement to enter a place of amusement; or as an incentive to enter into any business agreement. City Code, 1976/83, art. 11, §32(e) Ord. 99-548 Ord. 11-573

No person may: kill, injure, molest, or attempt to kill, injure, or molest, in any way, any bird; or destroy, remove, or attempt to destroy or remove, any box placed in any tree or other suitable place in the City for the use of these birds. City Code, 1976/83, art. 19, §5 Ord. 99-548 Ord. 11-573

In this subtitle, the following terms have the meanings indicated. “Public nuisance animal” means an animal that:is found at large; damages the property of anyone other than its owner or custodian; defecates on public property; urinates or defecates on private property; molests pedestrians or passersby; chases vehicles; excessively makes disturbing noises (including continued or repeated howling, barking, whining, or other utterances) that unreasonably cause annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept; fouls the air by odor so as to unreasonably cause annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept; causes unsanitary conditions in enclosures or surroundings where the animal is kept; by virtue of the number or types of animals maintained, is offensive or dangerous to the pubic health, safety, or welfare; attacks other animals; or has been found by the Commissioner to be a public nuisance animal by virtue of being offensive or a danger to the public health, safety, or welfare. “Public nuisance condition” means:an unsanitary, dangerous, or offensive condition caused by:the size, number, or types of animals maintained or kept; the inadequacy of the facilities; or the manner or method of holding, confining, restraining, boarding, or training animals; or any other condition that the Commissioner deems to be a public nuisance condition. “Public nuisance condition” includes any premises in which:an animal is maintained or kept under a condition that constitutes neglect of or cruelty to the animal; or the animal is in an unsanitary condition. Ord. 11-573

Every owner or custodian of an animal must exercise proper care and control to prevent the animal from becoming a public nuisance animal. Ord. 11-573

No person may keep or maintain any animal in the City in a manner that:causes or permits it to be a public nuisance animal; or causes or permits the animal to cause a public nuisance condition. No person may keep or maintain any animal in the City in a manner that disturbs the health, safety, or welfare of any person. Ord. 11-573

“Animal at large” means any animal that is:off the premises of its owner or custodian; and not under restraint in the manner required by § 10- 307 {“Restraints required”} of this title. No owner or custodian of an animal may allow it to be an animal at large. When an animal is off the premises of the owner or custodian, the animal must be:restrained as required by § 10-307 {“Restraints required”}; and under the control of a person who is capable of controlling and physically restraining the animal. An animal that is participating in an off-leash activity approved by the Commissioner or is in an area and during the hours approved by the Director of Recreation and Parks for off-leash recreation is not at large unless the animal leaves the activity or area or remains beyond the approved hours. Ord. 11-573

Except as specified in subsection (c) of this section, no person may keep or allow to be kept on that person’s premises any wild, exotic, or hybrid animal without a permit from the Commissioner to do so. In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may set:qualifications for obtaining a permit; conditions for keeping the animal; the term of the permit; grounds for denying, amending, suspending, revoking, or refusing to renew the permit; and other limitations the Commissioner finds necessary or appropriate. This section does not apply to:an animal show or zoological park licensed under this title and regulated by a Maryland or federal agency; or a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. City Code, 1976/83, art. 11, §§24(34), 32(h), 33, art. 19, §143 Ord. 99-548 Ord. 06-182 Ord. 11-573 Text Conformed 03/10/21 Text of subsection (b) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In this section, “wild rabbit or hare” means any rabbit or hare that has not been bred and supervised in a properly maintained rabbitry. Except as specified in subsection (b) of this section, no person may:bring or import into the City, for sale, any wild rabbit or hare, dead or alive; or sell or offer for sale in the City any imported wild rabbit or hare, dead or alive. This section does not apply to the importation of wild rabbits or hares by the following, if done in conformity with the regulations of the Commissioner:an animal show or zoological park licensed under this title and regulated by a Maryland or federal agency; or a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. City Code, 1976/83, art. 19, §§127, 128 Ord. 99-548 Ord. 11-573

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may prohibit other animals from being kept in the City as necessary or appropriate to protect the health, safety, or welfare of the public. Except as specified in subsection (c) of this section, no person may keep or allow to be kept on that person’s premises any animal that the Commissioner prohibits under subsection (a) of this section. This subsection does not apply to:an animal show or zoological park licensed under this title and regulated by a State of Maryland or federal agency; or a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. Ord. 11-573 Text Conformed 03/10/21 Text of subsection (a) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In this section, “attack dog” means a dog that is trained to attack on command. Except as specified in subsection (b) of this section, no person may keep or train any attack dog in the City. This section does not apply to a dog owned by and working for law enforcement or other governmental agency. City Code, 1976/83, art. 11, §§24(6), 40A(a)(1)(ii), (h) Ord. 99-548 Ord. 11-573

“Dangerous animal” means any animal that:has bitten or attacked a human being or another animal without provocation; exhibits aggressive or dangerous behavior and is not adequately confined or restrained; is known or suspected to be an animal exposed to rabies and is not adequately confined or restrained; or requires confinement or restraints to protect the health, safety, or welfare of the public. The Animal Hearing Panel must determine if an animal is a dangerous animal in accordance with the hearing procedures of Subtitle 10 of this title. Except as otherwise ordered by the Animal Hearing Panel, every dangerous animal must be:maintained in a building or secure enclosure on the premises of its owner or custodian; and whenever outside of the building or enclosure:securely caged; securely muzzled and leashed; or restrained by any other appropriate method required by the Panel. An owner or custodian of an animal found to be a dangerous animal must:have the animal microchiped and altered at the owner’s or custodian’s expense; display a “dangerous animal” sign, visible to the public, on the property where the animal is kept; if the animal is kept outside of the dwelling, install a perimeter fence on the property or a portion of the property; notify the Office if the animal is loose, has bitten another domesticated animal or human being, or has violated any other requirements of this title; notify the Office if the animal has died or is being relocated to another jurisdiction; and before transferring ownership or custody of the dangerous animal to another:notify the Office in writing of the name and address of the new owner or custodian; and notify the new owner or custodian of the animal’s dangerous behavior. Animals determined dangerous by another jurisdiction are automatically considered dangerous in the City. The owner or custodian must immediately notify the Office if any animal determined dangerous in another jurisdiction is transported into the City. If another jurisdiction defines “dangerous animal” differently than as defined in this section or makes a determination using a term other than “dangerous”, the Animal Hearing Panel must determine if the criteria used in the other jurisdiction is appropriate for the animal to be considered dangerous in the City. This section does not apply to:an animal show or zoological park licensed under this title and regulated by a Maryland or federal agency; or a laboratory where scientific research is carried out under regulation of a Maryland or federal agency. City Code, 1976/83, art. 11, §§24(29) and (33), 30(d), 33(a) Ord. 99-548 Ord. 07-632 Ord. 11-573

In this subtitle, the following terms have the meanings indicated. “Vicious animal” means any animal that:has severely bitten or attacked a human being or another animal; or has been previously deemed dangerous, and subsequently bitten or attacked a human being or other animal so that the Health Commissioner determines that the animal should be immediately euthanized to protect the health, safety, or welfare of the public. “Vicious animal” does not include an animal that has bitten or attacked if the injury, damage, was sustained by one who:at the time was committing a willful trespass or other tort on the premises occupied by the owner or custodian of the animal; was tormenting, abusing, or assaulting the animal; in the past has been observed or reported to have tormented, abused, or assaulted the animal; or was committing or attempting to commit a crime. “Vicious animal” does not include an animal that has bitten or attacked if the animal was:protecting or defending itself, its young, or another animal; responding to pain or injury; or protecting or defending a human being within the immediate vicinity of the animal from physical attack or assault. City Code, 1976/83, art. 11, §24(33a) Ord. 99-548 Ord. 00-073 Ord. 11-573

The Animal Hearing Panel must determine if an animal is a vicious animal in accordance with the hearing procedures of Subtitle 10 of this title. Ord. 11-573

If an animal enforcement officer, police officer, or humane officer finds an animal at large, and if the animal enforcement officer, police officer, or humane officer reasonably believes that the animal is a vicious animal and that the animal cannot be taken up or tranquilized and impounded, the animal enforcement officer, police officer, or humane officer may kill the animal. City Code, 1976/83, art. 11, §40A(g) Ord. 99-548 Ord. 11-573

No person may keep in the City any animal that the Animal Hearing Panel determines to be a vicious animal. This subtitle does not apply to an animal owned by and working for a law enforcement or other governmental agency. City Code, 1976/83, art. 11, §40A(a)(1)(i), (h) Ord. 99-548 Ord. 07-632 Ord. 11-573

An animal enforcement officer, police officer, humane officer, or other person authorized and contracting with the City to do so may impound any animal: found at large; whose owner or custodian does not have the required license or permit for the animal; that is found without a license tag required by this title; that poses a threat to public health, safety, or welfare; reasonably believed to be a dangerous or vicious animal; placed at risk by its health or environment; that is abandoned; that is prohibited in the City; reasonably believed to be a public nuisance animal; whose owner or custodian is in violation of this title; or whose owner or custodian is in violation of any other animal control or protection law, rule, or regulation of this City or State. Ord. 11-573 Ord. 14-230

On the determination that an animal should be impounded, an animal enforcement officer, police officer, humane officer, or other person authorized and contracting with the City to do so may, subject to <cite data-path="|health|§10-108">§ 10-108 of this subtitle</cite>, enter onto public or private property, remove the animal, and impound it at an animal shelter or other facility approved by the Commissioner. If an animal is impounded, the owner or operator of the facility must immediately notify the Office of the impoundment and provide any information that the Office reasonably requires. Ord. 11-573

When an animal is impounded, the Office must make a reasonable attempt to provide notice of the impoundment to the animal’s owner or custodian. The notice must include:the name, if known, of the owner or custodian; a description of the animal seized; the violation of this title, including a reference to the specific legal authority for the impoundment; the manner and time in which the person must either:reclaim the animal; or request a hearing on the violation; a contact person and telephone number at the Office; and a statement that if the owner or custodian fails to act within 72 hours of the impoundment, the animal will become the property of the City. If the Office cannot ascertain the identity and address of the owner or custodian, the animal is considered abandoned and becomes property of the City after 72 hours from the impoundment. Ord. 11-573

The impounded animal must be kept for at least 72 hours, unless sooner reclaimed by its owner or custodian or otherwise required by law. If the Office reasonably believes that the animal is a dangerous or vicious animal, the Office must hold the animal pending a hearing under Subtitle 10 of this title. If the Office reasonably believes that the return of an animal prior to the disposition of a case would be detrimental to the animal’s health and welfare, the Office may hold an impounded animal for more than 72 hours while conducting an investigation of:possible violations of Federal, State, or local laws or regulations governing the proper care and treatment of animals; or a complaint under §10-108 {“Inspections, investigation of complaints, and impoundment”} of this title. If the needs of an animal held under this section cannot be provided for at the Office, or the Office determines that it would benefit the animal’s health or welfare to do so, the animal may be temporarily:held at a humane organization; placed with a foster custodian; or housed at another appropriate location. Whenever an animal is being temporarily held at a location other than the Office, as provided in paragraph (2) of this subsection, the Office may keep the location confidential if the Office reasonably believes that disclosure of the location could result in harm to either the animal or the temporary custodian. If the owner or custodian is aggrieved by the animal’s impoundment, he or she may request a hearing under Subtitle 10 of this title. Ord. 11-573 Ord. 15-322

The owner or custodian has the right to reclaim the animal within 72 hours of the impoundment. If the owner or custodian seeks to reclaim the animal, the Office may require the owner or custodian to:provide proof of legal title to or custodianship of the animal or provide an affidavit of legal title or custodianship; demonstrate that the animal has the required license or permit; pay any fees or expenses required by the Office for the care, feeding, housing, and veterinary care of the animal during the impoundment; allow the Office to microchip the animal at the owner’s or custodian’s expense; and allow the Office to alter the animal at the owner’s or custodian’s expense. Ord. 11-573

If an impounded animal is not reclaimed within 72 hours of impoundment, the animal is abandoned and immediately becomes property of the City. If an animal is surrendered to the Office by its owner, the animal immediately becomes property of the City. Once an animal becomes City property under this section, the Office must:place the animal for adoption; humanely euthanize the animal; or transfer the animal by any method that is advantageous to the City and the public interest and is not prohibited by law. Ord. 11-573

An animal that becomes City property under this subtitle may be altered before being released for adoption, rescue, or otherwise, unless the animal weighs less than 2 pounds. Ord. 11-573

Even if an animal is not reclaimed by the owner or custodian, the owner or custodian may still be required to pay for fees or expenses related to the impoundment through the date when the animal became City property. Ord. 11-573

In this subtitle, the following terms have the meanings indicated. “Driving” means the process of using a horse:for riding; or for pulling a wagon, cart, carriage, or other vehicle or device. “Driving license” means a license issued by the Commissioner to use a horse:for riding; or for pulling a wagon, cart, carriage, or other vehicle or device. “Horse” means a horse, pony, donkey, or mule that is:owned, driven, used, or quartered in the City, whether permanently or temporarily; and used for:riding, driving, or breeding; showing or performing in any exhibition or animal show; or any work or labor. “Stable” means any place where horses are:boarded or displayed; rented for riding, driving, or other purposes; or bred, bought, sold, trained, or traded. “Stable operator” means the person who owns or is in charge of a stable. City Code, 1976/83, art. 19, §32 (parts) Ord. 99-548 Ord. 11-573 Ord. 13-175

This subtitle does not apply to any horse that is: in the custody of a zoological park or its agents or contractors, if the zoological park is licensed under this title and regulated by a Maryland or federal agency; in a laboratory where scientific research is carried out under regulation of a Maryland or federal agency; or regulated by the Maryland Racing Commission. City Code, 1976/83, art. 19, §32(a)(7)(parts) Ord. 99-548 Ord. 11-573

Except as otherwise specified in this section, no one may drive a horse unless:he or she is 18 years old or older; has been issued a driving license by the Commissioner; and has that driving license with him or her while driving the horse. This section does not apply to the rider of a horse that is being held or led, during the entire period of rental or use, by a custodian with a valid driving license. The Commissioner may waive the requirements of this section for individuals participating in:animal shows; organized competitions; special events involving the transportation of people in carriages or sleighs; or similar events. City Code, 1976/83, art. 19, §32(m)(1), (6) Ord. 99-548 Ord. 11-573

The application for a driving license must: be in the form that the Commissioner requires; be accompanied by an affidavit certifying that the applicant has never been convicted of animal abuse, cruelty, or neglect; and contain the information that the Commissioner considers necessary to determine whether an applicant:is capable of humanely handling a horse; and otherwise qualified for a driving license under this subtitle and the rules and regulations adopted under it. City Code, 1976/83, art. 19, §32(m)(2), (3), (4)(part) Ord. 99-548 Ord. 11-573

The Office must issue a driving license to the applicant if:the applicant qualifies for the license; and pays the required fee. The driving license must contain:the licensee’s full legal name, current address, date of birth, sex, height, weight, and eye, skin, and hair colors; and a clear, full-face, head-and-shoulders photograph of the driver that:was taken within the preceding 12 months; and measures 1¼" by 1¼". City Code, 1976/83, art. 19, §32(m)(5), (4)(1st, 2nd sens.)) Ord. 99-548 Ord. 11-573

Unless sooner suspended or revoked, a driving license expires annually on the anniversary date of its issuance. City Code, 1976/83, art. 19, §32(m)(4)(3rd sen.) Ord. 99-548 Ord. 11-573

The Commissioner of Health may deny, amend, suspend, revoke, or refuse to renew a driving license as provided in Subtitle 2, Part III, of this title. City Code, 1976/83, art. 19, §32(n) Ord. 99-548 Ord. 11-573

The custodian of every horse must have the horse examined by a veterinarian at least once a year. The examination must cover:the general condition of the horse and its teeth, hoofs, and shoes; and the horse’s stamina and physical ability to carry the loads and perform the work for which it is intended. The veterinarian must make a record of:any injury, disease, or deficiency detected; and any prescription or recommendation for curing or correcting that condition or for any other disposition of the horse. The veterinarian must provide a copy of that record to the horse’s custodian. The custodian must:keep a copy of the record for at least 3 years; and make it available for inspection by an animal enforcement officer, police officer, or humane officer during normal business hours. City Code, 1976/83, art. 19, §32(b) Ord. 99-548 Ord. 11-573

Whenever a horse is being used for any purpose on the streets of the City, the custodian of the horse: must treat the horse in a humane manner, never beat or prod it in any way that will cause pain or injury to the horse, and never intentionally, knowingly, or obviously be cruel to the horse; may not use, work, drive, ride, or require labor from the horse for more than 10 hours in any 24-hour period, without adequate rest periods during those 10 hours; at reasonable intervals, must permit the horse to have food and drinking water from a clean container that is of sufficient size and in good condition; during times of cold or inclement weather, must drape the body of the horse, from forelegs to hind legs, with a warm covering that is in good condition; must attend the horse at all times, as follows:if the horse is only being used for riding purposes, it must be securely tied to an immovable object or held, led, or mounted by an individual who is physically able to maintain full control of the horse; and if the horse is being used for any other driving purpose, it must be within 75 feet of its custodian and within the custodian’s sight; may not overdrive or overload the horse, as evidenced by physical stress, strain, or exhaustion of the horse; and must obey any order issued by the Commissioner that relates to the care and treatment of the horse. City Code, 1976/83, art. 19, §32(a)(1), (f), (g)(4) Ord. 99-548 Ord. 11-573

Whenever a horse is being used for driving purposes on the streets of the City, the custodian of the horse: must assure that any wagon, cart, carriage, vehicle, or similar device being used is in good condition, that its axles are well-greased, and that its operating mechanisms are in good working order; during warm weather, must park the horse in the shade when practicable; if the wagon, cart, carriage, vehicle, or similar device is equipped with brakes, must put the brakes into a locked position at all times when not moving; and may not cause or permit the horse to gallop. City Code, 1976/83, art. 19, §32(g)(1) - (3), (5)) Ord. 99-548 Ord. 11-573

No custodian of a horse may permit its use or work on the public streets whenever:the real or effective temperature exceeds 92<sup>°</sup> F. or falls below 20<sup>°</sup> F., as announced by the local radio service; an official “snow emergency” is in effect; or because of adverse weather conditions, the Commissioner of Health or some other authorized official of the City issues a determination, by radio or other means, that it would be dangerous or unsuitable for a horse to be on the streets. If a horse is already in use when a condition described in subsection (a) of this section begins, the custodian must immediately return the horse, by the most direct route, to the stable from which it was obtained. City Code, 1976/83, art. 19, §32(h) Ord. 99-548 Ord. 11-573

The custodian of every horse: must assure that the saddle, harness, shoes, bridle, and all other equipment required or in use:are in good working order; fit properly; and will not cause physical pain or injury to the horse; may not use curb bits, twisted wire, twisted wire snaffles, spurs, bucking straps, flank straps, or similar devices; and must inspect the horse and all its equipment and other attachments:whenever it departs from the stable; whenever it returns to the stable; and if not being used, at least once daily. City Code, 1976/83, art. 19, §32(i) Ord. 99-548 Ord. 11-573

Every custodian must ensure that every horse is quartered in a lighted, clean, dry, and properly ventilated stable or barn and that all other requirements of this section are met. if the quarters for the horse meet the definition of “horse riding and rental stables” in State Agriculture Article, Title 2, Subtitle 7, the custodian and owner must also comply with the applicable requirements of that law. Every horse’s stall must be:large enough to permit the horse to turn around easily; cleaned daily; and supplied with adequate bedding of straw, shavings, or other suitable hygienic material, which must be changed as often as necessary to maintain a clean and dry condition. Blankets must be available and used as necessary during cold winter periods. For emergency purposes, the exterior of the stable or barn entrance must conspicuously display, in at least 2-inch lettering, the custodian’s full name, business address, and business and home telephone numbers. City Code, 1976/83, art. 19, §32(j) Ord. 99-548 Ord. 11-573

If a horse is sick, diseased, lame, injured, or in pain:the custodian of the horse must take action to obtain immediate veterinary treatment, care, and attention; and the horse may not be moved or driven, except:to obtain required veterinary treatment, care, and attention; or to obtain immediate humane keeping or pasture. During the recovery or convalescent period, the horse may not be used or worked unless the custodian has a signed, dated certificate from the treating veterinarian stating that the horse’s condition will not be impaired or aggravated by the activity. A sick, diseased, lame, or injured horse may not be disposed of except in a humane manner. City Code, 1976/83, art. 19, §32(k) Ord. 99-548 Ord. 11-573

Whenever any horse is on a street, the custodian must have available, for immediate inspection by the Commissioner or by an animal enforcement officer, police officer, or humane officer, the horse identification card required by this section. The horse identification card must:be on the form that the Commissioner provides; be signed and dated by a veterinarian within the preceding 12 months; describe the horse, including its sex, age, height, color, markings, and other identifying information; describe the stamina and physical condition of the horse; describe any conditions that might restrict or affect the use, movement, or driving of the horse; and contain the name, address, and telephone number of:the stable where the horse is quartered; and the owner of the horse. Whenever the owner of a horse rents or otherwise places it in the care or custody of any person, the owner must provide that person with the horse identification card required by this section. City Code, 1976/83, art. 19, §32(c) Ord. 99-548 Ord. 11-573

No one may ride, lead, control, drive, work, exhibit, handle, care for, maintain, or supervise any horse while: intoxicated; under the influence of any intoxicating beverage or substance; or under the influence of any drugs. City Code, 1976/83, art. 19, §32(d) Ord. 99-548 Ord. 11-573

This section does not apply to the transportation of people in a carriage or sleigh that is driven by a licensed driver. The operator of any stable that rents horses must maintain a written registry that contains:the full name and address of every person who rents a horse; the identity of the horse; and the exact period during which the horse was rented. The registry record must be:kept for at least 3 years after the renting; and available for inspection by the Commissioner or by an animal enforcement officer, a police officer, or a humane officer during normal business hours. City Code, 1976/83, art. 19, §32(e) Ord. 99-548 Ord. 11-573

The owner or operator of any horsedrawn vehicle must assure that the City license issued for the vehicle is kept clean, securely fastened, and prominently displayed on the vehicle. City Code, 1976/83, art. 19, §32(l) Ord. 99-548 Ord. 11-573

There is an Animal Hearing Panel in the Department. City Code, 1976/83, art. 11, §40A(b)(part) Ord. 99-548 Ord. 11-573

The Panel comprises at least 3 members appointed by the Commissioner. The members of the Panel must have expertise in animal behavior. The term of a member of the Panel is at the discretion of the Commissioner. Panel members are compensated as provided in the Ordinance of Estimates, but receive no benefits from the City. City Code, 1976/83, art. 11, §40A(b)(part) Ord. 99-548 Ord. 11-573 Ord. 13-175

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Panel may adopt rules and regulations to govern its procedures and hearings. City Code, 1976/83, art. 11, §40A(b)(3) Ord. 99-548 Ord. 11-573 Text Conformed 03/10/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Before the Office takes any final action to deny, amend, suspend, revoke, or refuse to renew a license or permit, the Office must notify the person against whom the action is contemplated of the proposed action. The notice must state that a hearing will be provided if, within 10 days of the notice (or anylonger period specified in the notice), the person files with the Panel a written request for a hearing. In all other situations, any person aggrieved by a notice, order, decision, or other action of the Office may request a hearing on the matter. The request must:be in writing; state the grounds on which the person is contesting the notice, decision, order, or other action; and unless a different time is specified in <cite data-path="|health">this article</cite>, be filed with the Panel within 10 days of the notice, decision, order, or other action. City Code, 1976/83, art. 11, §40A(e)(1) - (3) Ord. 99-548 Ord. 11-573

Any hearing pertaining to the determination of whether an animal is a dangerous or vicious animal requires the presence of 3 members of the Panel. All other hearings under this title only require the presence of at least 1 member of the Panel. Once a timely request for a hearing is filed, the Panel must promptly schedule the hearing. At least 5 days before the hearing, the Panel must provide notice of the hearing to the owner or custodian of the animal, any complainant, and any other interested parties. Except as otherwise provided by law or by rule or regulation of the Panel, the notice must contain the same information as that required by Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Except as otherwise provided by law or by rule or regulation of the Panel, the hearing must be conducted in an informal manner, subject to the same procedures and standards for the submission and consideration of evidence as that provided in Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Ord. 11-573

The decision of the Panel must comply with the same requirements as those imposed by Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. On the question of whether an animal is a vicious animal, the Panel must determine, based on the facts presented:whether the animal:is a vicious animal; is not a vicious animal, but is a dangerous animal; or is neither a vicious nor a dangerous animal; and what, if any, corrective action is appropriate. On the question of whether an animal is a dangerous animal, the Panel must determine, based on the facts presented:whether the animal:is a dangerous animal; or is not a dangerous animal; and what, if any, corrective action is appropriate. On the question of any other violation of the animal control and protection laws, rules, and regulations of this City and State, the Panel must determine:a violation has or has not occurred; and what, if any, corrective action is appropriate. City Code, 1976/83, art. 11, §40A(e)(4), (5) Ord. 99-548 Ord. 07-632 Ord. 11-573

If the Panel determines that an animal is a vicious animal, the Board:must direct the Commissioner to immediately euthanize the animal in the most humane way possible; and may:require the owner or custodian to pay all costs of impoundment; and refer the matter to the State’s Attorney for prosecution. If the Panel determines that the animal is a dangerous animal, the Panel:must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and may require the owner or custodian to pay all costs of impoundment. If the Panel determines that the owner or custodian is in violation of an animal control or protection law, rule, or regulation of this City or State, the Panel:must require the owner or custodian to take whatever corrective actions the Panel finds necessary or appropriate; and may require the owner or custodian to pay all costs of impoundment or related to the violation. Ord. 11-573

If a party is aggrieved by the decision of the Panel, the party may appeal the decision to the Commissioner as provided in this section. Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite> does not apply to this appeal. The appeal must be in writing and submitted to the Commissioner within 10 days of the Panel’s decision. The Commissioner may modify the Panel’s decision within 10 days of the appeal, in which case the decision of the Commissioner is final. If the Commissioner does not modify the Panel’s decision within 10 days of the appeal, the decision of the Panel is decision. Ord. 11-573 Ord. 15-322

If an impounded animal’s owner or custodian requests a hearing before the Panel, or appeals a decision of the Panel, the Office may continue to hold and care for the impounded animal while its case is before the Panel, and, if the Panel’s decision is appealed, while the Commissioner is considering the appeal. Ord. 15-322

If an animal is held under <cite data-path="|health|§10-1009">§ 10-1009 {“Office to hold animal”} of this subtitle</cite> while a requested hearing or appeal is pending, all costs for care or other expenses of the animal incurred by the Office from the time of impoundment through the Commissioner’s final decision are a personal debt due to the City or its agent by the owner or custodian of the animal. The Office or its agent must, within a reasonable time of the final decision, calculate the cost, which may include:food, veterinary care, and other necessities that a responsible owner or custodian would provide for the animal; and other costs, such as staffing and administrative expenses, as allowed by rule or regulation adopted by the Commissioner under <cite data-path="|health|§2-106">§ 2-106 {“Rules and Regulations”} of this article</cite>. The owner or custodian must pay the costs calculated by the Office within 72 hours of receiving notice from the Office or its agent of the amount. The payment must be made in cash or other method acceptable to the Director of Finance. If the final decision of the Commissioner overturns the impoundment, the City may not charge the owner or custodian for any costs incurred under this section. Ord. 15-322 Text Conformed 03/10/21 Text of subsection (b) conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. City Code, 1976/83, art. 11, §41(g), art. 19, §§32(q), 145(i)(part) Ord. 99-548 Ord. 03-595 Ord. 11-573

Any person who violates any provision of this title, or a rule or regulation adopted under this title, or a lawful directive or order issued under this title is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section. Each day that a violation continues is a separate offense. Except as otherwise specified in the section, the penalty for a violation is a fine of not more than $1,000 for each offense. For a violation of <cite data-path="|health|§10-112">§ 10-112 {“Obstructing, etc., officer; False statements”} of this title</cite>, the penalty is a fine of not more than $1,000 or imprisonment for not more than 30 days or both fine and imprisonment for each offense. For a violation of Subtitle 4 {“Animal Protection”} or Subtitle 9 {“Horse Riding and Driving”} of this title, the penalty is a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. For a violation of § 10-701 {“Attack dogs”} or § 10-706 {“Vicious animals – Keeping prohibited”}of this title, the penalty is a fine of not more than $1,000 or imprisonment for not more than 6 months or both fine and imprisonment for each offense. City Code, 1976/83, art. 11, §37, inter alia, art. 19, §4, inter alia Ord. 99-548 Ord. 11-573

In this title, the following terms have the meanings indicated. “Swimming pool” means any pool, hot tub, spa, or other body of water that is used for swimming, diving, wading, therapeutic, or recreational bathing. “Swimming pool” includes any body of water described in paragraph (1) of this subsection, whether:in-ground, above-ground, or on-ground; or indoor or outdoor. City Code, 1976/83, art. 11, §245(f), art. 19, §184(a)(1st cl.) Ord. 99-548

In addition to the requirements of this title, all swimming pools must comply with the <cite data-path="|building-codes|XII">International Swimming Pool and Spa Code</cite>, as adopted and modified in <cite data-path="|building-codes|XII">Part XII</cite> of the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>. Ord. 15-427

In this subtitle, “private outdoor pool” means any swimming pool that : is not a public swimming pool subject to Subtitle 3 {“Public Swimming Pools”} of this title; and is not totally contained within a building and surrounded on all sides by the building’s walls. Ord. 99-548

The purpose of this subtitle is to protect the inhabitants of the City, particularly children, from the hazards to life and safety inherent in unenclosed outdoor swimming pools. City Code, 1976/83, art. 19, §184(d) Ord. 99-548

This subtitle applies to all private outdoor pools in the City, whenever built. This subtitle establishes minimum enclosure requirements only. All more stringent enclosure standards and other regulations imposed by the <cite data-path="|building-codes">Building, Fire, and Related Codes Article of Baltimore City</cite> must be complied with to the extent applicable. Ord. 99-548 Ord. 13-093

Every outdoor swimming pool must be completely surrounded by a fence or wall that: is at least 42 inches high; and except for doors or gates:has no openings, holes, or gaps larger than 4 inches in any dimension; or for a picket fence, has a horizontal distance between pickets of no more than 4 inches. City Code, 1976/83, art. 19, §184(a) Ord. 99-548

Except as specified in subsection (b) of this section, every gate or door opening through the enclosure must be equipped with a self-closing, self-latching device that keeps the gate or door securely closed at all times when not in actual use. This section does not apply to the door of any dwelling house that forms a part of the enclosure. City Code, 1976/83, art. 19, §184(b) Ord. 99-548

Compliance with the requirements of this subtitle is the duty, jointly and severally, of both: the owner of premises; and the person who occupies the land on which the outdoor swimming pool is located. City Code, 1976/83, art. 19, §184(c) Ord. 99-548

In individual cases, the Department of Housing and Community Development may modify one or more of the requirements of this subtitle on a showing of good cause and satisfactory assurances that the degree of protection is not reduced. The Department of Housing and Community Development also may permit the use of protective devices or structures other than those specified in this subtitle, so long as the degree of protection is not reduced. City Code, 1976/83, art. 19, §184(e) Ord. 99-548

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. City Code, 1976/83, art. 19, §184(f) Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|health|§11-318">§ 11-318 {“Penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Public swimming pool” means:any swimming pool, other than as specified in paragraph (3) of this subsection, intended to be used collectively by individuals, regardless of whether a fee is charged for that use; and all buildings and appurtenances used in connection with that swimming pool. “Public swimming pool” includes:any community or apartment-complex swimming pool; any hotel or motel swimming pool; any school swimming pool; any recreational center swimming pool; and any swimming pool owned or operated by a public or private club. “Public swimming pool” does not include any swimming pool that is:located on private property; under the control of the owner or lessee of that property; and used only by the family and guests of that owner or lessee, without payment of any fee. City Code, 1976/83, art. 11, §245 (parts) City Code, 1976/83, art. 19, §184(f) Ord. 99-548 Ord. 22-125

This subtitle applies to all public swimming pools and to the buildings and appurtenances used in connection with them. City Code, 1976/83, art. 11, §244(b) Ord. 99-548

The rules and regulations that the Commissioner adopts under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite> may include criteria, standards, and regulations for the design, operation, and maintenance of public swimming pools. With the approval of the Board of Estimates, the Commissioner may establish fees for:the licenses issued under this subtitle; and the inspections and other services performed by the Commissioner in connection with the regulation of public swimming pools. The Commissioner may inspect a public swimming pool as necessary or appropriate to assure compliance with the requirements of this subtitle and the rules and regulations adopted under it. City Code, 1976/83, art. 11, §246(a), (b), (d) Ord. 99-548

No person may operate any public swimming pool in the City without a license to do so from the Commissioner of Health. City Code, 1976/83, art. 11, §247(a) Ord. 99-548

The application for a license must: be in the form that the Commissioner requires; and contain the information that the Commissioner requires. Ord. 99-548

The Commissioner must issue a license to the applicant if: the public swimming pool complies with the criteria, standards, and regulations adopted by the Commissioner; and the applicant:has complied with all other applicable laws, rules, and regulations; and pays the applicable license and inspection fee. City Code, 1976/83, art. 11, §247(e) Ord. 99-548

Public swimming pool licenses are issued on an annual or seasonal basis. Unless sooner suspended or revoked, an annual license expires on the 1<sup>st</sup> anniversary of its effective date. Unless sooner suspended or revoked, a seasonal license is valid from May 1 to October 1. The application for a seasonal license must be submitted by April 1 of each year. City Code, 1976/83, art. 11, §247(b), (c) Ord. 99-548

A license may not be transferred from place to place or person to person. City Code, 1976/83, art. 11, §247(f) Ord. 99-548

Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, the Commissioner of Health may suspend or revoke any license issued under this subtitle if the licensee: has withheld or falsified any information; or neglects, refuses, or otherwise fails to comply with any provision of:this subtitle; or a rule or regulation adopted under this subtitle. City Code, 1976/83, art. 11, §§246(c), 249(a) Ord. 99-548

If the Commissioner discovers a violation that represents a health or safety hazard to users of a pool, the Commissioner may issue an order of immediate suspension to the licensee. An order issued under this section must:cite the violation; specify the corrective action to be taken; and order all swimming operations to be discontinued immediately. The notice must also state that a hearing will be provided to the licensee under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, if one is requested. City Code, 1976/83, art. 11, §248 Ord. 99-548

Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 6 months or to both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. City Code, 1976/83, art. 11, §250 Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Electronic smoking device” means an electronic or battery-operated device that delivers vapors for inhalation, whether manufactured , distributed, marketed, or sold:as an electronic cigarette, electronic cigar, or electronic pipe; or by any other product name or descriptor. “Electronic smoking device” does not include an asthma inhaler or similar product that:contains no tobacco nor any nicotine; and has been specifically approved by the U.S. Food and Drug Administration for use in mitigating, treating, or preventing disease. “Enclosed area” means an area that is bounded on all sides by walls that extend, with or without doors, windows, vents, or like openings, from floor to ceiling. “Enclosed area” includes the interior of a vehicle. “Person in charge” means the person who owns, operates, or manages a place subject to this subtitle. “Smoke” means to:inhale, burn, or carry any lighted cigarette, cigar, or pipe tobacco, or any other tobacco, weed, or plant product of any kind; or. to inhale vapors from or otherwise allow vapors to be emitted from an electronic smoking device. Ord. 07-392 Ord. 14-310

Nothing in this subtitle precludes an employer or other person in charge from prohibiting smoking in open or enclosed areas not covered by this subtitle. Ord. 07-392

Except as otherwise specified in this subtitle, smoking is prohibited in: any enclosed area to or in which the public is invited or permitted; or any enclosed area that is part of a place of employment. Ord. 07-392

This subtitle does not apply to the following: any part of a private residence that is not open to the public for business purposes, except as required by COMAR 13A.14.01. a private vehicle. a sleeping room in a hotel or motel, as long as that hotel or motel maintains at least 75% of all its sleeping rooms as smoke-free. smoking as an integral part of a theatrical performance held in a facility primarily used for theatrical performances. smoking as an integral part of a religious ceremony. smoking at an analytical or educational laboratory as an integral part of scientific research into the health effects of smoke. smoking that is permitted in a hospital, nursing home, or other health care facility under State Health-General Article, § 24-205. Ord. 07-392

This subtitle does not apply to a retail tobacco establishment or a hookah lounge that qualifies under this section. A retail tobacco establishment qualifies under this section only if it:derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products; has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and prohibits the entry of minors at all times. In this subsection, “hookah lounge” means an establishment that is primarily devoted to the on-premises use of 1 or more hookahs (also known as a hookah pipe, water pipe, shisha, or narghile) for smoking tobacco or other substances. A hookah lounge qualifies under this section only if it:meets the criteria listed in State law; derives at least 75% of its revenues, measured by average daily receipts, from the sale or use of non-cigarette smoking products and accessories; has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and prohibits the presence of minors at all times. Ord. 07-392 Ord. 18-124

This subtitle does not apply to the use of electronic smoking devices in a business establishment in which: the primary activity is the retail sale of electronic smoking devices, accessories, and related products; the sale of other products is incidental; and the entry of minors is prohibited at all times. Ord. 14-310

In this section, the following terms have the meanings indicated. “Restaurant” means a business establishment that:is devoted primarily to serving food and drinks to the public for on-premises consumption by seated patrons; and might or might not also serve alcoholic beverages. “Tavern” means a business establishment that:is devoted primarily to serving alcoholic beverages to the public for on-premises consumption; and might or might not also serve food. This subtitle does not apply to the use of electronic smoking devices in a restaurant or tavern or in 1 or more designated areas of a restaurant or tavern, as the case may be, if the establishment notifies its patrons and potential patrons that the use of electronic smoking devices is allowed on or in designated areas of the premises, as the case may be. The notification required by this section must be provided both:by a prominently posted notice, at least 17" x 22", that is clearly readable by all patrons on entry to the establishment; and by a conspicuous notice, in at least 20-pt. font size, printed on each menu provided to patrons. The tenor of the notices must be substantially as follows: “This {restaurant / tavern} allows the use of electronic smoking devices {in designated areas / throughout the premises}.” Ord. 14-310

This subtitle does not apply to the use of electronic smoking devices in a facility that has been awarded a Video Lottery Operation License by the Maryland Video Lottery Location Commission under State Government Article, Title 9, Subtitle 1A. Ord. 14-310

On written application, the Commissioner may grant a waiver from the application of a specific provision of this subtitle, if the applicant for the waiver establishes that:compliance with that provision would cause undue financial hardship; or other factors exist that would render compliance unreasonable. The Commissioner may impose conditions or restrictions on the waiver as necessary or appropriate to:minimize the adverse effects of the waiver on individuals involuntarily exposed to second-hand smoke; and ensure that the waiver is consistent with the purposes of this subtitle. Ord. 07-392

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 07-392

Any person who smokes in violation of this subtitle is subject to a civil fine of not more than $500 for each offense. Any employer or other person in charge who violates a provision of this subtitle or who knowingly allows a violation is subject to a civil fine of not more than $750 for each offense. It is an affirmative defense that the employer, other person in charge, or an agent of the employer or other person in charge:posted a “No Smoking” sign at each entrance used by the public; and removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and in a bar or restaurant:refused to seat or serve any person who smoked where smoking is prohibited; and if the person continued to smoke after an initial warning, asked the person to leave the establishment. Each day that a violation continues is a separate offense. Ord. 07-392 Ord. 10-340

In this subtitle, the following terms have the meanings indicated. “Unpackaged cigarette” means any cigarette not contained in a sealed package of 20 or more cigarettes that are designed and intended to be sold or distributed as a unit. City Code, 1976/83, art. 19, §8A(a plan-) Ord. 99-548 Ord. 01-072

No person may sell or otherwise transfer for consideration unpackaged cigarettes to any other person. City Code, 1976/83, art. 19, §8A(a)(2), (b) Ord. 99-548

Any person who violates any provisions of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. City Code, 1976/83, art. 19, §8A(c) Ord. 99-548 Ord. 01-072

In this subtitle, the following terms have the meanings indicated. “Distribute” means to:give, sell, deliver, or offer to give, sell, or deliver; or cause or hire any person to give, sell, deliver, or offer to give, sell, or deliver. “Less than basic cost” means:free of charge; for a nominal or discount price; or for any other price that is less than the distributor’s cost plus any applicable tobacco taxes. “Public place” means any area, whether open or enclosed, to which members of the public are normally invited or permitted. “Public place” includes parks, streets, sidewalks, sports fields, gymnasiums, shopping centers, and any property owned, occupied, or operated by the City. “Public place” does not include any retail store. City Code, 1976/83, art. 11, §284(a parts) Ord. 99-548

This subtitle does not apply to the distribution of a single cigarette. This subtitle does not apply anywhere in the area within and bounded by:Centre Street on the north; the Fallsway on the east; Pratt Street on the south; Paca Street on the west; and Druid Hill Avenue on the northwest. This subtitle does not apply to a coupon that is contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication. This subtitle does not apply to the distribution of tobacco products or coupons at an event that is held in an enclosed area to which entry is not available to the general public but only to those whom the sponsor of the event invites. This subtitle does not apply to the distribution of tobacco products or coupons by a retailer, manufacturer, or distributor of tobacco products to its adult employees. City Code, 1976/83, art. 11, §284(a)(2), (5), (8), (c) Ord. 99-548

Except as specified in <cite data-path="|health|§12-302">§ 12-302 {“Exemptions”} of this subtitle</cite>, no person in any public place or at any public event may distribute to a member of the public any tobacco product at less than basic cost. Except as specified in <cite data-path="|health|§12-302">§ 12-302 {“Exemptions”} of this subtitle</cite>, no person in any public place or at any public event may distribute to a member of the public any coupon that is redeemable for a tobacco product to members of the public in public places, in public areas or at public events. City Code, 1976/83, art. 11, §284(b) Ord. 99-548

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Each person to whom a tobacco product is distributed constitutes a separate offense. City Code, 1976/83, art. 11, §284(d) Ord. 99-548

In this subtitle, the following terms have the meanings indicated. “Electronic smoking device” has the meaning stated in <cite data-path="|health|§12-101">§ 12-101 {“Definitions”} of this title</cite>. “Tobacco product” means any substance that contains tobacco. “Tobacco product” includes any:cigarette; cigar; bidi; pipe or other smoking tobacco; or chewing tobacco, spit tobacco, snuff, or other smokeless tobacco. Ord. 01-076 Ord. 14-310

Except as otherwise specified in this subtitle, no establishment that sells tobacco products or electronic smoking devices at retail may display, store, or place any tobacco product or electronic smoking device anywhere that is accessible to customers without the intervention of the seller or an employee of the seller. The display, storage, or placement of tobacco products or electronic smoking devices in accord with one of the following methods does not violate subsection (a) of this section:behind a sales counter in a place that, absent extraordinary efforts, is beyond the physical reach of customers; in a locked display case for which seller assistance is needed to gain access to products in the case; or in an overhead merchandise rack that:at its lowest point, is at least 6 feet above the floor; and permits access to products in the rack only from the side facing away from customers. Ord. 01-076 Ord. 14-310

This subtitle does not apply to: the sale of tobacco products or electronic smoking devices from a vending machine that complies with all requirements of State Business Regulation Article, Title 16, Subtitle 3A; or an establishment that:sells tobacco products or electronic smoking devices exclusively or primarily; and makes bona fide efforts to prevent minors from entering the establishment. Ord. 01-076 Ord. 14-310

Any owner, operator, or manager of an establishment that violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Each day that a violation continues is a separate offense. Ord. 01-076

In this subtitle, the following terms have the meanings indicated. “Distribute” means to:give away, sell, deliver, dispense, or issue; offer to give away, sell, deliver, dispense, or issue; or cause or hire any person to:give away, sell, deliver, dispense, or issue; or offer to give away, sell, deliver, dispense, or issue. “Tobacco product” has the meaning stated in State Health-General Article, § 13-1001 {“Definitions: Tobacco Product”}. Ord. 02-322 Ord. 14-310 Ord. 20-340 State HG Art. § 13-1001(u) reads as follows (u) (1) “Tobacco product” means any product that is: (i) Intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains: 1. Tobacco; or 2. Nicotine; or (ii) An accessory or component used in any manner of consumption of a product described in item (i) of this paragraph. (2) “Tobacco product” includes: (i) Cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus; (ii) Electronic smoking devices; and (iii) Filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content. (3) “Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes may not:distribute any tobacco product to an individual under the age of 21 years, unless the individual is acting solely as the agent of an employer engaged in the business of distributing those products or devices; distribute any cigarette rolling paper to an individual under the age of 21 years; or distribute to an individual under the age of 21 years any coupon redeemable for any tobacco product. A person not described in subsection (a) of this section may not:buy for or sell to an individual under the age of 21 years any tobacco product; or buy for or sell or deliver to an individual under the age of 21 years any cigarette rolling paper. Ord. 02-322 Ord. 14-310 Ord. 20-340

This subtitle does not apply to the distribution of a coupon that is:contained in a newspaper, magazine, or other type of publication in which the coupon is incidental to the primary purpose of the publication; or sent through the mail. A person has not violated this subtitle if:the person examined a buyer’s or recipient’s driver’s license or other identification issued by an employer, governmental entity, or institution of higher education; and the license or other identification identified the buyer or recipient as being at least 21 years old. A person has not violated this subtitle if:the person examined a buyer’s or recipient’s valid military identification; and the identification indicated that the buyer or recipient is:an active duty member of the military; and at least 18 years old. Ord. 02-322 Ord. 20-340

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Ord. 02-322

In this subtitle, the following terms have the meanings indicated. “Distribute” means to:sell, deliver, dispense, issue, transfer, or otherwise distribute; offer to sell, deliver, dispense, issue, transfer, or otherwise distribute; or cause or hire any person to:sell, deliver, dispense, issue, transfer, or otherwise distribute; or offer to sell, deliver, dispense, issue, transfer or otherwise distribute. “Flavored tobacco wrapping” means any cigarette rolling paper or tobacco wrapping leaf or paper constituted from tobacco that is, or is held out to be, impregnated or scented with, or aged or dipped in, or has as a constituent part (including a smoke constituent) or additive, an artificial or natural flavor, alcoholic liquor, or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, coconut, licorice, cocoa, cherry, coffee, chocolate, vanilla, honey, or any other flavoring agent that is a characterizing flavor of the tobacco product or the tobacco smoke. Ord. 09-234

No person may distribute for consideration any flavored tobacco wrapping to any other person. Ord. 09-234

This subtitle does not apply to the distribution of flavored wrapping paper by or to a retail tobacco establishment that: derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products; maintains for sale an inventory of loose tobacco products; and prohibits the entry of minors at all times. Ord. 09-234

This subtitle does not apply to the sale or distribution of tobacco products by vending machines. Ord. 09-234

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Each individual wrapping distributed in violation of this subtitle is a separate offense. Ord. 09-234 Ord. 10-340

In this subtitle, the following terms have the meanings indicated. “Vendor truck” has the meaning stated in City Code <cite data-path="|15|§17-1">Article 15, § 17-1 {“Definitions”}</cite>. “Smoke” has the meaning stated in <cite data-path="|health|§12-101">§ 12-101 {“Definitions”} of this title</cite>. Ord. 14-237 Ord. 16-503

Smoking is prohibited in any vendor truck. Ord. 14-237

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”} The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 14-237

Any person who violates any provisions of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Ord. 14-237

In this subtitle, the following terms have the meanings indicated. “Athletic facility” means any outdoor facility clearly intended for playing sports. “Athletic facility” includes any:baseball diamond; soccer, lacrosse, or football field; basketball court; racing track; skating rink; or field hockey pitch. “Playground” means an outdoor area set aside for recreation and play, including an area containing equipment such as seesaws, swings, slides, merry-go-rounds, jungle gyms, monkey bars, overhead ladders, trapeze rings, playhouses, sandboxes, mazes, or similar play structures of any kind. “Public swimming pool” has the meaning stated in <cite data-path="|health|§11-301|(c)">§ 11-301(c) {“Definitions: Public swimming pool”} of this article</cite>. “Schoolyard” means outdoor school property intended to be used for recreation and play. “Smoke” has the meaning stated in <cite data-path="|health|§12-101">§ 12-101 {“Definitions”} of this title</cite>. Ord. 14-212 Ord. 14-307 Ord. 14-310

Except as otherwise specified in this subtitle, smoking is prohibited in or within 50 feet of any: playground; schoolyard; athletic facility; or public swimming pool. Ord. 14-212 Ord. 14-307

This subtitle does not apply to the following: a moving private vehicle. smoking as an integral part of a theatrical performance held in a facility primarily used for theatrical performances. smoking as an integral part of a religious ceremony. Ord. 14-212

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”} The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 14-212

Any person who smokes in violation of this subtitle is subject to a civil fine of not more than $500 for each offense. Ord. 14-212

In this subtitle, the following terms have the meanings indicated. “Nicotine replacement therapy product” means an over-the-counter nicotine delivery system, such as gum, patches, sprays, inhalers, or lozenges, which is approved by the United States Food and Drug Administration for the purposes of relieving nicotine withdrawal symptoms. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except as used in <cite data-path="|health|§12-908">§ 12-908 {“Civil Penalties: $100”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity. Ord. 20-364A Ord. 22-125

In this section, a retailer means any:licensed retailer, as defined in <cite data-doc="Md. Code" data-path="gbr|16-201">State Business Regulation Article, § 16-201(d) </cite>{“Licensed retailer”}; or licensed other tobacco products retailer, as defined in <cite data-doc="Md. Code" data-path="gbr|16">State Business Regulation Article, § 16</cite>.5-101(e) {“Licensed other tobacco products retailer”}. A retailer must offer at least one form of nicotine replacement therapy product for sale. Any nicotine replacement therapy product offered for sale must be packaged in the smallest quantity available to the retailer. Any nicotine replacement therapy product offered for sale must be prominently displayed near any tobacco products offered for sale. Ord. 20-364A

In this subtitle, the following terms have the meanings indicated. “Electronic smoking device” has the meaning stated in <cite data-path="|health|12|1|12-101">§ 12-101 {“Definitions”}</cite> of <cite data-path="|health|12">this title</cite>. “Professional sporting event” means any sporting or athletic event for which the competing athletes receive monetary payment for participation. “Professional sporting event” includes:a collegiate sporting or athletic event; an Olympic or international sporting or athletic event; or a motor race event. “Professional sporting event” excludes:a high school sporting or athletic event; and an amateur sporting or athletic event for which the competing athletes do not receive monetary payment for participation. “Tobacco product” means a product that is:intended for human consumption or likely to be consumed, whether inhaled, chewed, absorbed, dissolved, smoked, or ingested in any other manner, and that is made or derived from, or that contains:tobacco; or nicotine; or an accessory or a component used in any manner of consumption described under subparagraph (i) of this paragraph. “Tobacco product” includes:cigarettes; cigars; pipe tobacco; chewing tobacco; snuff; snus; electronic smoking devices; filters; rolling papers; pipes; and liquids used in electronic smoking devices, regardless of nicotine content. “Tobacco product” does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as defined in the Federal Food, Drug, and Cosmetic Act. “Stadium” means a structure with tiers of seats rising around a field or court, or another area where sporting events occur, intended to be used:primarily for the viewing of athletic events; and secondarily, for entertainment and other public gathering purposes. “Stadium” includes:any “athletic facility”, as defined in § 12-801 {“Definitions”} of this title; and any swimming pool or other body of water that is used:to train or practice for competitive swimming or diving; or for sporting events.

Use of a tobacco product in any manner is prohibited in any stadium.

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation as authorized by City Code <cite data-path="|1|40">Article 1, Subtitle 40 {“Environmental Control Board”}</cite>; or a civil citation as authorized by City Code <cite data-path="|1|41">Article 1, Subtitle 41 {“Civil Citations”}</cite>. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.

Any person who violates any provision of this subtitle is subject to a civil fine of not more than $500 for each violation.

In this title, the following terms have the meanings indicated. “Tattoo” means to prick, pierce, or otherwise enter the skin or the mucous membrane of an individual for the purpose of inserting pigments or raising scars. “Tattoo establishment” means any place at which a tattoo is administered for any form of consideration. “Tattooist” means any individual who administers a tattoo for any form of consideration. Ord. 99-548

No person may maintain, operate, or conduct a tattoo establishment in the City without a license to do so from the Commissioner of Health. City Code, 1976/83, art. 11, §216(a)(1st sen.) Ord. 99-548

No tattoo establishment may employ or otherwise allow any individual to act as a tattooist, and no individual may act as a tattooist, unless that individual has first registered with the Commissioner of Health. City Code, 1976/83, art. 11, §216(a)(1st sen.) Ord. 99-548

An application for a tattoo establishment license must: be on the form that the Commissioner provides; and contain the information that the Commissioner requires. Ord. 99-548

The Commissioner must issue a license to the applicant on receipt of: a completed application; and the annual license fee of $100. City Code, 1976/83, art. 11, §216(a)(2nd sen.) Ord. 99-548

Unless sooner revoked, a license issued under this title expires annually on the anniversary of its issuance. City Code, 1976/83, art. 11, §216(a)(2nd sen.) Ord. 99-548

All tattooing must be done in conformance with: the State regulations governing skin-penetrating body adornment procedures (<cite data-doc="Code of Maryland Regulations" data-path="10.06.01.06|H.">COMAR 10.06.01.06H</cite>); and any additional conditions that the Commissioner adopts to protect the public health. City Code, 1976/83, art. 11, §216(b) Ord. 99-548

No person may tattoo any minor. City Code, 1976/83, art. 19, §186(1st sen.) Ord. 99-548

Subject to the hearing provisions of Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, the Commissioner may suspend, revoke, or refuse to renew the license or registration of any person if that person, that person’s tattoo establishment, or any tattooist employed by that person violates any provision of this title or of any order, rule, or regulation issued under this title. City Code, 1976/83, art. 11, §216(d) Ord. 99-548

Any person who violates any provision of this title or of any order, rule, or regulation issued under this title is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. City Code, 1976/83, art. 11, §216(e) Ord. 99-548

In this title, the following terms have the meanings indicated. “Ammunition” means any cartridge, shell, or other device that contains explosive or incendiary material and is designed or intended for use in any firearm. “Firearm” means any pistol, revolver, rifle, shotgun, short-barreled rifle, short-barreled shotgun, or other firearm. “Minor” means any person under the age of 18. Ord. 02-452

No person may sell, give, or otherwise transfer, or attempt to sell, give, or otherwise transfer any ammunition to a minor. Ord. 02-452

No minor may: purchase or attempt to purchase any ammunition; or possess any ammunition in any public place. Ord. 02-452

No person may sell, give, or otherwise transfer or attempt to sell, give, or otherwise transfer any ammunition to any individual without first verifying, by means of photographic identification that contains the individual’s date of birth, that the individual is not a minor. Ord. 02-452

Except as specified in paragraph (2) of this subsection, every person engaged in the business of selling ammunition must apply to the Commissioner of Health for a “Protections of Minors” registration. This section does not apply to a person who is licensed under State Code <cite data-path="|27|§443">Article 27, § 443</cite> as a regulated firearms dealer. The registration must:be on the form that the Commissioner provides; contain the information that the Commissioner requires; and be supplemented within 30 days of any change in the information submitted. Registration fees are as follows:Initial registration of business – $10. Supplementation of information – $5. Ord. 02-452

Every person engaged in the business of selling ammunition must post conspicuously in that person’s place of business a notice of: the prohibition in <cite data-path="|health|§14-103">§ 14-103 of this title</cite> against the transfer of ammunition to minors; and the requirement in <cite data-path="|health|§14-105">§ 14-105 of this title</cite> for age verification. Ord. 02-452

Every person engaged in the business of selling ammunition must keep a log of all ammunition sales. The sales log must contain, for each sale of ammunition:a copy of the sales receipt; and a copy of the purchaser’s photographic identification, clearly showing the purchaser’s name and date of birth. During business hours, the sales log must be kept near the register and made available for inspection by any police officer or any designee of the Commissioner. Ord. 02-452

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner may include provisions governing: registration information to be provided and, from time to time, supplemented under <cite data-path="|health|§14-107">§ 14-107 of this title</cite>; the wording, size, and placement of the notices required by <cite data-path="|health|§14-108">§ 14-108 of this title</cite>; and the form of and information to be recorded in the sales log required by <cite data-path="|health|§14-109">§ 14-109 of this title</cite>. Ord. 02-452

Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to a fine of $1,000 or imprisonment for 1 year or both. Ord. 02-452

In this title, the following terms have the meanings indicated. “Distribute” means to:give away, sell, deliver, dispense, or issue; offer to give away, sell, deliver, dispense, or issue; or cause or hire any person to:give away, sell, deliver, dispense, or issue; or offer to give away, sell, deliver, dispense, or issue. “Ephedrine product” means any dietary supplement product designed or intended for human consumption that contains any natural or synthetic ephedrine. Ord. 03-621

A person engaged in the business of selling or otherwise distributing ephedrine products for commercial purposes may not: distribute any ephedrine product to a minor, unless the minor is acting solely as the agent of an employer engaged in the business of distributing ephedrine products; or distribute to a minor any coupon redeemable for any ephedrine product. Ord. 03-621

A person not described in <cite data-path="|health|§15-201">§ 15-201 of this subtitle</cite> may not buy for or sell or deliver to a minor: any ephedrine product; or any coupon redeemable for any ephedrine product. This section does not apply to a parent or guardian of a minor who provides the product to the minor in accordance with written instructions of the minor’s physician. Ord. 03-621

A person has not violated this subtitle if: the person examined a buyer’s or recipient’s driver’s license or other identification issued by an employer, governmental entity, or institution of higher education; and the license or other identification identified the buyer or recipient as being at least 18 years old. Ord. 03-621

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Ord. 03-621

Except as otherwise specified in this subtitle, no establishment that sells ephedrine products at retail may display, store, or place any ephedrine product anywhere that is accessible to customers without the intervention of the seller or an employee of the seller. Ord. 03-621

The display, storage, or placement of ephedrine products in accord with one of the following methods does not violate <cite data-path="|health|§15-301">§ 15-301 of this subtitle</cite>: behind a sales counter in a place that, absent extraordinary efforts, is beyond the physical reach of customers; in a locked display case for which seller assistance is needed to gain access to products in the case; or in an overhead merchandise rack that:at its lowest point, is at least 6 feet above the floor; and permits access to products in the rack only from the side facing away from customers. Ord. 03-621

An owner, operator, or manager of an establishment that violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Each day that a violation continues is a separate offense. Ord. 03-621

In this title, the following terms have the meanings indicated. “Distribute” means to:give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; offer to give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; or cause or hire any person to:give away, sell, deliver, dispense, issue, transfer, or otherwise distribute; or offer to give away, sell, deliver, dispense, issue, transfer, or otherwise distribute. “Psychoactive substance” means any:synthetic cannabinoid; synthetic cathinone; or psychoactive substance analogue. “Psychoactive substance” does not include a substance that:has an approved drug application by the U.S. Food and Drug Administration; and is being distributed in accordance with all applicable federal and state laws and regulations. “Psychoactive substance analogue” means a substance that:is an alkyl homologue of a synthetic cannabinoid or synthetic cathinone; or in its chemical structure, differs from a synthetic cannabinoid or synthetic cathinone only by:substituting 1 or more hydrogens with halogens; or substituting 1 or more halogens with different halogens. “Synthetic cannabinoid” means a chemically engineered substance that:has binding activity at 1 or more cannabinoid receptors; is a chemical analogue or isomer of a compound that has binding activity at 1 or more cannabinoid receptors; or is identified as a cannabimimetic agent, as defined in State Code <cite data-doc="Md. Code" data-path="gcr|5-101">Criminal Law Article § 5-101</cite>. A synthetic cannabinoid is commonly, but not exclusively, found sprayed on dried herbs, to be burned and inhaled by consumers. “Synthetic cathinone” means a chemically engineered derivative of cathinone, which is a naturally occurring beta-ketone amphetamine analogue found in the leaves of the catha edulis plant. “Synthetic cathinone” includes butylone, dimethylcathinone, ethcathinone, ethylone, 3- and 4-fluoromethcathinone, mephedrone, methedrine, methylenedioxypyrovalerone (MDVP), methylone, and pyrovalerone. A synthetic cathinone is commonly, but not exclusively, found in the form of pills, capsules, crystals, powders, tablets, or liquids. Ord. 16-440

No person may distribute a psychoactive substance. Ord. 16-440

Whenever the Commissioner reasonably believes that a person is distributing a psychoactive substance in violation of this title, the Commissioner shall issue a violation notice to the person. The violation notice must:cite the violation; specify any corrective action to be taken and the time within which that action must be taken; and state that a hearing will be provided to the person, if one is requested under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Ord. 16-440

On reasonable belief that a violation of this title has occurred, the Commissioner may:seize and detain any product suspected to be a psychoactive substance; submit the seized product for laboratory testing and analysis; retain for use in further proceedings any seized product found to be a psychoactive substance; and destroy any product ultimately determined to be a psychoactive substance involved in a violation of this title. Any product found not to be a psychoactive substance involved in a violation of this subtitle must be promptly returned to the person from whom seized, less any amount destroyed for testing. Ord. 16-440

In this Part II, “license” means a license or permit issued by the Baltimore City Health Department. Ord. 16-440

The Commissioner may suspend or revoke the license of a person if the licensee has first been issued a violation notice under <cite data-path="|health|§16-301">§ 16-301 {“Notice of Violation”} of this subtitle</cite>. Before suspending or revoking a license, the Commissioner must provide the licensee with notice and opportunity for hearing, as provided In Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>. Ord. 16-440

If the Commissioner considers it necessary and in the interest of public health and safety because of exigent circumstances where public health and safety are under imminent threat, the Commissioner may issue an order of immediate suspension to a licensee without having first issued a violation notice under <cite data-path="|health|§16-301">§ 16-301 {“Notice of Violation”} of this subtitle</cite>. An order issued under this section:must cite the violation; must specify the corrective action to be taken and the time within which that action must be taken; and may order all of the licensee’s operations to be discontinued immediately. The notice must also state that a hearing will be provided to the licensee under Title 2, Subtitle 3 {“Administrative Hearings”} of <cite data-path="|health">this article</cite>, if one is requested. Ord. 16-440

In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 16-440

Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense. Ord. 16-440

Each package or container of a psychoactive substance that is distributed or intended for distribution in violation of this title is a separate offense. Ord. 16-440

Every grave dug in any cemetery or burial ground must be at least 4' 6" deep. Any person who violates this section is guilty of a misdemeanor and, on conviction, subject to a fine of not more than $100 for each offense. City Code, 1976/83, art. 11, §§218, 219(a) Ord. 99-548

In this section, the following terms have the meanings indicated. “Approved protective gear” means protective eye, head, and body equipment that meets or exceeds standards set by any of the following for use in youth baseball:the American National Standards Institute; the American Society of Testing and Measurements; the Snell Memorial Foundation; or any other organization that the Health Commissioner designates for this purpose. “Youth baseball” means any baseball game or practice session held under the auspices of:Little League Baseball; or any other organization of 2 or more teams. No individual under the age of 16 may participate in youth baseball, at any position, unless she or he is wearing approved protective gear of the type the Commissioner designates as appropriate for that position. In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Health Commissioner must include provisions, consistent with this section, that designate:the types of protective gear that are appropriate for each playing position; and the organizations whose standards may be used for determining whether equipment is approved protective gear for purposes of this section. This section is enforced by the issuance of a warning that:informs the offender of the requirements of this section; and contains educational materials about approved protective gear for youth baseball. Ord. 01-273

In this title, the following terms have the meanings indicated. “Agriculture” means the commercial production, storage, processing, marketing, distribution, or export of an agronomic, aquacultural, equine, floricultural, horticultural, ornamental, silvicultural, or viticultural crop, including:a farm product; livestock or a livestock product; poultry or a poultry product; milk or a dairy product; timber or a forest product; fruit or a horticultural product; and seafood or an aquacultural product. “Custom applicator” means a person engaged in the business of applying pesticides. “Glyphosate” means a synthetic compound that is a non-selective systemic herbicide, also known as N-(phosphonomethyl) glycine with a chemical formula of C3H8NO5P. “Lawn” means an area of land, not used for agriculture, that is:mostly covered by grass, other similar herbaceous plants; and kept trim by mowing or cutting. “Lawn” does not include:a playing field as defined in <cite data-path="|health|§19-301">§ 19-301 of this title</cite>; a golf course; a garden; or a tree or shrub. “Neonicotinoid” means a class of neuro-active pesticides chemically related to nicotine. “Neonicotinoid” includes:acetamiprid; clothianidin; dinotefuran; imidacloprid; nitenpyram; nithiazine; thiacloprid; and thiamethoxam. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle "person" also includes a governmental entity or an instrumentality or unit of a governmental entity. “Pest” means an insect, snail, slug, rodent, nematode, fungus, weed, or other form of plant or animal life or microorganism (except a microorganism on or in a living human or animal) that is normally considered to be a pest or defined as a pest by applicable State regulations. “Pesticide” means a substance or mixture of substances intended or used:to prevent, destroy, repel, or mitigate any pest; as a herbicide, plant regulator, defoliant, or desiccant; or as a spray adjuvant, such as a wetting agent or adhesive. “Pesticide” does not include an antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, that is used for cleaning and is not considered a pesticide under any federal or state law or regulation. “Playground” has the meaning stated in <cite data-path="|health|§12-801|(c)">§ 12-801(c) of this article</cite> {“Definitions: Playground”}. “Playground” includes a mulched path that is used to enter a playground. “Registered pesticide” means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the Federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden, and ornamental sites or areas. Ord. 20-430 Ord. 22-125

The Mayor and City Council finds as follows:Pesticides have value when they are used to protect the public health, the environment, and our food and water supply. Pesticides, by definition, contain toxic substances, many of which may have a detrimental effect on human health, pet health, and the environment. Certain pesticides have been linked to a host of serious conditions in children including pediatric cancers, decreased cognitive function, and behavioral problems. Certain pesticides have been linked to a myriad of adult conditions such as Parkinson’s disease, diabetes, lupus, rheumatoid arthritis, dementia, reproductive dysfunction, Alzheimer’s disease, and a variety of cancers including leukemia, lymphoma, breast cancer, colorectal cancer, prostate cancer, and lung cancer. Certain pesticides, especially those containing the chemical glyphosate, have been linked to cancer. For example, in 2015, the International Agency for Research on Cancer, a division of the World Health Organization and the world’s leading authority on cancer, unanimously concluded that glyphosate is a probable carcinogen. The International Agency for Research on Cancer’s determination was based on a rigorous assessment that concluded that there is sufficient evidence of carcinogenicity in experimental animals. Clean water is essential to human life, wildlife and the environment, and the unnecessary use of pesticides contributes to the deterioration of water quality, as substantiated by several studies including a 2014 USGS study that found 90% of urban waterways have pesticide levels high enough to harm aquatic life. Bees and other pollinators are crucial to our ecosystem, and the use of neonicotinoid insecticides, which have been repeatedly and strongly linked with the collapse of honey bee colonies, as well as harm to aquatic insects and birds, pose an unacceptable risk to beneficial organisms. The use of pesticides is not necessary for the management of lawns, especially in light of the risks associated with their use. There are non- and less-toxic alternatives and methods of cultivating a healthy, green lawn that do not pose a threat to public health. Regulations at the federal and State level, and the risk assessments that inform them, do not mimic real world exposure scenarios and fail to account for synergistic or cumulative effects of multiple chemicals acting on the same pathway; they do not include sufficient evaluation of a pesticide’s “inert” ingredients and the pesticide formulations that are sold to consumers; and they often fail to take sensitive populations like children and pollinators into account. In the absence of adequate regulation at the federal or State level, Baltimore City is compelled to act to protect the health of children, families, pets, and the environment. The purpose of this title is to protect the public health and welfare and to minimize the potential pesticide hazard to people and the environment, consistent with the public interest in the benefits derived from the safe use and application of pesticides. The goal is to inform the public about pesticide applications and minimize the use of pesticides, while not restricting the ability to use pesticides in agriculture, for the protection of public health, or for other public benefit. Ord. 20-430

In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner must include rules and regulations to carry out the provisions of this title. Ord. 20-430 Text Conformed 03/10/21 Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.

No later than June 30 of each odd-numbered year, the Department and the Baltimore City Office of Sustainability shall jointly submit a report to the Mayor and City Council that makes recommendations on whether any legislative changes or updates are necessary for the proper administration and implementation of this title. The report required by this section shall include an assessment, relying on available scientific data, regarding:whether any additional pesticides pose a significant threat to the health of the citizens of Baltimore or the environment; and whether those pesticides should be included within this title’s specific pesticide prohibitions. Ord. 20-430

In this subtitle, the following terms have the meanings indicated. “Children’s facility” means a building or part of a building that, as part of its function, isregularly occupied by children under the age of 18 years; and required to obtain an use and occupancy permit as a condition of performing that function. “Children’s facility” includes a child day care center, family day care home, nursery school, recreational center, and classroom. “Disease vector” means an animal, insect, or microorganism that carries and transmits an infectious pathogen into another organism. “Listed pesticide” means:a pesticide the active ingredients of which are recommended by the National Organic Standards Board (NOSB) pursuant to 7 U.S.C. § 6518, as amended, and published as the National List at 7 C.F.R. §§ 205.601 and 205.602; or a pesticide designated a “minimum risk pesticide” under the Federal Insecticide, Fungicide and Rodenticide Act § 25(b) and listed in 40 C.F.R. § 152.25(f). “Mulched recreation area” means an area of land covered with natural or synthetic mulch or wood chips that is open to the public for picnic or recreational use. “Playing field” means:an athletic field owned or maintained by a department or unit of Baltimore City government; or an area of land on private property maintained exclusively for athletic or sporting use. “Playing field” does not include any artificial surface such as astro-turf or concrete. Ord. 20-430

Nothing in this subtitle applies to any property that is used and maintained by the Baltimore City Board of School Commissioners. Ord. 20-430

Except as provided in subsection (b) of this section, no person may apply any pesticide other than a listed pesticide to any:lawn; playground; mulched recreation area; children’s facility; grounds of a children’s facility; or playing field. Except as provided in § 19-303 {“Glyphosate use prohibited”}, § 19-304 {“Chlorpyrifos use prohibited”}, and <cite data-path="|health|§19-305">§ 19-305 {“Neonicotinoid pesticides on City-owned property”} of this title</cite>, a person may apply any registered pesticide to:control weeds, as required by Title 5, Subtitle 7, of <cite data-path="|health">this article</cite>; control invasive species, as defined and listed in regulations adopted under this title; control disease vectors; control biting or stinging insects or stinging plants; control organisms that threaten the health of trees or shrubs; maintain property as part of efforts by a public utility to comply with applicable vegetation management provisions of any federal, state, or local law or regulation; control indoor pests, if applied near or around the foundation of a building; comply with § 3318 {“Rodenticide Procedure”} of the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>; control pests while engaged in agriculture; or control a pest outbreak that poses an imminent threat to human health or threatens significant economic damage if a registered pesticide is not used. If a pesticide is applied under subsection (b)(10) of this section, the person applying the pesticide must notify the Department of the application and articulate the reasons for the use of the pesticide within 24 hours after the application. Ord. 20-430

Notwithstanding any other provision of this title, a person may not use or apply glyphosate or any product containing glyphosate except when authorized under subsection (b) of this section. The Commissioner may authorize the use or application of glyphosate on a determination that a threat exists that requires the use of glyphosate and no other pesticide or class of pesticide would be effective in addressing the threat. The Department of Recreation and Parks may engage in the limited use and application of glyphosate subject to a written Integrated Vegetation Management Plan that details:the locations of glyphosate use and application; the necessity for glyphosate use and application in those locations; and any preventive or mitigative measures undertaken to protect the health and safety of those within the vicinity of the glyphosate use and application. Any Intregrated Vegetation Management Plan that includes the use and application of glyphosate shall be submitted to the Commissioner prior to any use and application. Ord. 20-430

Notwithstanding any other provision of this title, a person may not use or apply chlorpyrifos or any product containing chlorpyrifos except when authorized by the Commissioner under subsection (b) of this section. The Commissioner may authorize the use or application of chlorpyrifos on a determination that a threat exists that requires the use of chlorpyrifos and no other pesticide or class of pesticide would be effective in addressing the threat. Ord. 20-430

Except as provided in subsection (b) of this section, a City employee or City contractor may not use a neonicotinoid pesticide on outdoor property owned by the City. A City employee or City contractor may use a neonicotinoid pesticide on City-owned property to control pests:while engaged in agriculture; or in a completely indoor and enclosed area, such as a greenhouse or a conservatory. Ord. 20-430

Any person who violates any provision of this title is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $250 for each offense. Each day that a violation continues is a separate offense. Ord. 20-430

It shall not be lawful for any member of the City Council to be appointed or to accept appointment to any office or clerkship under the corporation during the term for which he was elected as a member of the City Council, the salary or emolument of which are fixed and determined by the Mayor and City Council, whether said appointment be made by the Mayor individually, or by the Mayor and City Council, or by any other officer or officers of the City. City Code, 1879, art. 1, §12 1893, art. 1, §15 1927, art. 1, §17 1950, art. 1, §2 1966, art. 1, §1 1976/83, art. 1, §1 Rev. Ords. 1858-003 Ord. 1859-032 Ord. 1864-090

Every ordinance and resolution of the Mayor and City Council of Baltimore, when delivered to the Mayor for approval, duly authenticated as required by <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§5">Article IV, § 5 of the City Charter</cite>, shall have indicated on it the date of each reading. If the ordinance is one requiring publication of notice, the Chief Clerk shall attach a certificate from the publisher of each newspaper in which notice was published, stating the number of times and the dates when the notice was published, which certification shall have pasted on it a printed copy of the notice so published. The volumes of “Ordinances and Resolutions of the Mayor and City Council of Baltimore” published annually are legalized. They shall be deemed and taken by all public officials to be evidence of the ordinances contained in them. Individually printed and attested ordinances and resolutions:may be produced and offered in evidence in any suit pending in court; and when so produced and offered in evidence, have the same effect, to all intents and purposes, as the printed volumes containing them would have when published. City Code, 1927, art. 1, §§32, 33, 42 1950, art. 1, §4 1966, art. 1, §3 1976/83, art. 1, §3 Ord. 05-011 Ord. 08-140 Ord. 50-1217 Ord. 70-809 Ord. 80-151 Ord. 99-947 Ord. 09-217

A standing committee of the City Council is established, to be known as the Committee on Legislative Investigations. The Committee comprises 5 Councilmembers, to be appointed from time to time by the Council President, with the approval of the City Council. The President, with the approval of the Council, shall designate 1 member as the Committee’s Chair and another member as the Committee’s Vice-Chair. On its own motion or at the request of any person, the Committee may:study the continuing operations, efficiency, and functions of the several departments, bureaus, commissions, boards, and agencies of the Mayor and City Council of Baltimore; and investigate complaints or allegations of faulty operations, inefficiency, or malfunctioning in any of these departments, bureaus, commissions, boards, and agencies. In undertaking any study or investigation under this section, the Committee may:on motion approved by a majority of its members, issue subpoenas:to compel the attendance of witnesses; to compel the production of any relevant papers, books, accounts, records, documents, and testimony; and to cause the deposition of witnesses to be taken, in the manner provided by law for taking depositions in a civil case; and administer oaths to all witnesses. For purposes of paragraph (1) of this subsection, papers, books, accounts, records, documents, and testimony are considered relevant if they:refer or relate to the matters under study or investigation; assist in assessing the credibility of a witness; contradict or corroborate the testimony of a witness; or demonstrate the existence of undue influence on a witness. A subpoena issued under this section shall be served:in the manner provided by law for service of a subpoena in a civil action; at least 10 calendar days before the time that the subpoena sets for attendance or for the production of papers, books, accounts, records, or documents; and with the following:a statement of the subject of the study or investigation to which the subpoena relates; if the subpoena requires the appearance of a person, notice that the person may be accompanied by counsel; and a copy of this section and of any rules adopted by the Committee under this section. If a person subpoenaed under this section fails to comply with the subpoena or fails to testify on any matter on which the person may be lawfully interrogated:the Committee may petition the Circuit Court of Baltimore City to order compliance with the subpoena; and on petition, the Court may:pass an order directing compliance with the subpoena or compelling testimony; and enforce its order by proceedings for contempt. False swearing by a witness before the Committee is subject to the penalties of perjury. The Committee may adopt rules to govern its procedures under this section, including the conduct of hearings under this section. These rules may not be inconsistent with the provisions of this section or of any other applicable law. On completion of a study or investigation under this section, the Committee shall report to the members of the City Council, the Mayor, and the Board of Estimates:the results of that study or investigation; and any recommendations it may have for:the more effective operation of any of these departments, bureaus, commissions, boards, and agencies; legislative, administrative, and budgetary improvements; and if the Committee has reasonable grounds to believe that a criminal offense has been committed, referral to the appropriate prosecuting authority. City Code, 1966, art. 1, §3A 1976/83, art. 1, §4 Ord. 66-818 Ord. 14-213 Ord. 14-307

On or before November 1, February 1, May 1, and August 1 each year, the City agencies so requested shall file quarterly budget status reports with the Budget and Appropriations Committee of the City Council. Each report shall contain the information required by the Committee and be in the format requested. The Committee may hold a public hearing for those agencies not reporting or those showing a projected deficit for the fiscal year. The words “City agencies” include the City trustees and all City sponsored and financed nonprofit corporations. City Code, 1976/83, art. 1, §5 Ord. 72-211 Ord. 77-333 Ord. 81-568 Ord. 82-753

It shall be the duty of the head of every City department or bureau established by <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite> or by ordinance to provide all technical materials, plats, drawings, and information that are requested by any member or the President of the City Council for the purpose of introducing legislation into the Council. City Code, 1976/83, art. 1, §6 Ord. 76-080

No person shall act in a disorderly manner to the disturbance of the public peace at any meeting or committee meeting of the Baltimore City Council, whether the Baltimore City Council be meeting at Baltimore City Hall or at any other location. Any person who continues to violate the prohibitions of this section after a request for order by the presiding officer shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or be confined in jail for a period of not more than 60 days or be both fined and imprisoned in the discretion of the court. Any person violating the provisions of this section after having been convicted of a prior violation of this section occurring within the preceding 12 months shall be fined not less than $100 for each violation and may be imprisoned for not more than 10 days if the fine is not paid. City Code, 1976/83, art. 19, §§218, 219 Ord. 81-214

The City Council Office of Financial Review is hereby abolished and there is hereby created the Office of Council Services. It is the function of this Office:to analyze the City’s budget and make recommendations thereon to the City Council, including both operating and capital budgets, revenues, taxation, and related matters; to conduct studies of the organization and inter-relationships of the several departments, commissions, boards, and agencies of the City government; to make recommendations on maximizing economy and efficiency in government; to analyze legislation pending before the City Council; to provide staff assistance to committees of the City Council; and to provide such other assistance to the City Council and its committees as may be necessary to carry out the purposes of the City Council. City Code, 1976/83, art. 1, §7 Ord. 86-625 Ord. 05-008

The City Council shall establish an Oversight Committee, with the President serving as Chair. The Committee shall comprise the Chairpersons of the Council’s standing committees and 2 additional members appointed by the President. The Oversight Committee shall recommend such policies and procedures as are necessary for the effective operation of the Office of Council Services. Said policies and procedures shall be approved by the City Council and may be amended or revised from time to time, as the Council deems necessary and/or appropriate. City Code, 1976/83, art. 1, §8(1st, 2nd, and 9th sens Ord. 86-625 Ord. 05-008

The Committee shall appoint the Director of the Office of Council Services. The Director shall serve at the pleasure of the City Council, as expressed by the Oversight Committee. Within 10 days of being notified that the Oversight Committee has acted by majority vote of its members to discharge the Director, the President shall convene a meeting of the Committee of the Whole to review the action of the Oversight Committee. In such an instance, discharge shall not occur without a majority vote of the members of the Committee of the Whole to sustain the action of the Oversight Committee. When a vacancy occurs in the position of Director, the Oversight Committee shall designate a person to serve on an interim basis until a permanent director is appointed. City Code, 1976/83, art. 1, §8(3rd - 8th sens Ord. 86-625 Ord. 04-822 Ord. 05-008 Ord. 06-247

The Director of the Office of Council Services:shall be a person who has prior experience in administration, supervision, taxation, and public finance and the legislative process; and shall have such qualifications, duties, and responsibilities as may be prescribed from time to time by the Oversight Committee as provided in <cite data-path="|1|§2-2">§ 2-2 of this subtitle</cite>. The Director shall be a resident of Baltimore City and shall devote full time to the performance of the duties and assignments of the Office of Council Services. The Director shall report to the Oversight Committee concerning the operations of the Office of Council Services in a manner specified in the policies and procedures adopted by the Council pursuant to <cite data-path="|1|§2-2">§ 2-2 of this subtitle</cite>. The Director shall be responsible for the supervision of all employees in the Office of Council Services. The Director, in consultation with the Oversight Committee, shall assign staff members to work with the various Council committees. City Code, 1976/83, art. 1, §9 Ord. 86-625 Ord. 05-008

The Director of the Office of Council Services is empowered to hire such employees as deemed necessary to perform the duties and exercise the powers conferred by this subtitle and as provided in the Ordinance of Estimates. The Office of Council Services shall be supplied with the necessary books, maps, charts, equipment, stationery, and other incidentals necessary to be paid from funds supplied in the Ordinance of Estimates. All departments, bureaus, agencies, boards, and commissions of the municipal government shall, upon request, provide responsible assistance and information to the Office of Council Services. City Code, 1976/83, art. 1, §10 Ord. 86-625 Ord. 05-008

No claim shall be considered by the Council after the period of limitation has elapsed by which under the law of the State of Maryland such claim would be barred. City Code, 1879, art. 1, §29 1893, art. 1, §32 1927, art. 1, §44 1950, art. 1, §5 1966, art. 1, §8 1976/83, art. 1, §11 Ord. 1871-088

With the exception of the matter of the compensation to the members of the City Council for their services as now provided by <cite data-doc="City of Baltimore, Md., Charter" data-path="III|§1">Article III, § 1 of the City Charter</cite>, the City Council shall have the control of all matters of expenditure which relate to the business operations or diary of the City Council, embracing: the salaries of its officers; printing for the body; necessary expenses of its standing and special committees; stationery; appointments of the council chambers and committee rooms; funeral expenses; and such other expenses as may be proper for and necessary to the discharge of its functions. City Code, 1893, art. 1, §33 1927, art. 1, §45 1950, art. 1, §6 1966, art. 1, §9 1976/83, art. 1, §12 Ord. 1881-056

None of the items of expense embraced in <cite data-path="|1|§3-2">§ 3-2 of this subtitle</cite> shall be paid unless authorized by resolution or resolutions of the City Council. City Code, 1893, art. 1, §34 1927, art. 1, §46 1950, art. 1, §7 1966, art. 1, §10 1976/83, art. 1, §13 Ord. 1881-056

All bills of expenses: shall be presented to the City Council, whether incurred by special or standing committees of the Council or officers of the body, in virtue of § 3-3; and when so presented, shall be referred to the Standing Committee on Claims <em>{sic}</em>, which committee shall report thereon to the City Council; and if the claim shall be approved by the latter, certified copies of the resolution of approval shall be sent to the City Comptroller, which certificate will be the authority to that officer for the issuing of his warrant on the Director of Finance for the payment of the amount of the claim so certified. City Code, 1893, art. 1, §35 1927, art. 1, §47 1950, art. 1, §8 1966, art. 1, §11 1976/83, art. 1, §14 Ord. 1881-056

In this subtitle, the following words have the meanings indicated. Any term used but not defined in this subtitle shall have the meaning as stated in the Americans with Disabilities Act of 1990, as amended, and the federal regulations promulgated pursuant thereto, as amended. “ADA” means the Americans with Disabilities Act of 1990, as amended, and the federal regulations promulgated pursuant thereto, as amended. “ADA Coordinator” means a designated City employee from each agency who shall report directly to the head of the agency and is responsible for coordinating compliance with all relevant local, State, and federal laws addressing accessibility. “Agency” has the meaning stated in Article 1, § 2(j) of the City Charter. “Auxiliary aids and services” has the meaning stated in 28 C.F.R. § 35.104. “Auxiliary aids and services” includes:qualified interpreters, either on-site or through video remote interpreting services; assistive listening devices and systems; audio recordings; Brailed materials and displays; and other similar technology and services. “Companion” means a family member, friend, or associate of an individual with a disability who is an appropriate person with whom an agency should communicate to assist the individual with a disability. “Disability” has the meaning stated in 42 U.S.C. § 12102, and shall be construed broadly in favor of expansive coverage to the maximum extent permitted by the terms of the ADA, the Rehabilitation Act, and State and City laws. “Discriminate” has the meaning stated in 28 C.F.R. § 35.130 {“General prohibitions against discrimination”}. “Mayor’s Office of Immigrant Affairs” or “MIMA” means the Mayor’s Office of Immigrant Affairs as established in § 54-2 {“Office established”} of this Article 1, or its successor. “Office of Equity and Civil Rights” or “OECR” means the Baltimore City Office of Equity and Civil Rights, or its successor. “Qualified individual with a disability” means an individual with a disability who, with or without reasonable modifications to the City of Baltimore’s rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City of Baltimore. “Qualified sign language interpreter” means a sign language interpreter who meets the requirements of Title 9, Subtitle 24, Part III of the State Government Article of the Annotated Code of Maryland. “Reasonable accommodation” means an adjustment to a job, work environment, application process, or another employment-related activity that enables a qualified individual with a disability to apply for a job, perform an essential job function, and enjoy equal employment opportunities. “Reasonable modification” means a change in a policy, practice or procedure that is required to offer an individual with a disability equal participation in, or equal access to, the benefits of a City service, program, or activity. “Rehabilitation Act” means the federal Rehabilitation Act of 1973, as amended, and the federal regulations promulgated pursuant thereto, as amended. “Service animal” means an animal that is individually trained to do work or perform tasks for an individual with a disability. ”Undue burden” means that, after consideration of all resources available for use in the funding and operation of a program, service, or activity, the provision of a requested reasonable modification, auxiliary aid or service, or other accommodation or modification would result in a fundamental alteration in the nature of the service, program, or activity, or would cause an unreasonable financial and administrative hardship. ”Web Content Accessibility Guidelines” means the technical standard developed by the World Wide Web Consortium that sets measurable requirements for making digital information and functions usable by individuals with disabilities based upon the needs of the individual, as required in 28 C.F.R. § 35.200 {“Requirements for Web and Mobile Accessibility”}.

An agency may not violate 28 C.F.R. Part 35 {“Nondiscrimination on the Basis of Disability in State and Local Government Services”} by, on the basis of an individual’s disability: excluding the individual from participation in the services, programs, or activities of the agency; denying the individual the benefits of the services, programs, or activities of the agency based on the needs of the individual; discriminating against the individual; or failing or declining to make a reasonable accommodation or a reasonable modification to existing policies, practices, and procedures.

An agency may not discriminate, on the basis of an individual’s disability, in hiring or through employment practices. An agency shall take into consideration or give preference to an individual’s status as a person with a disability in its hiring and employment practices, consistent with the requirements and obligations to protected classes under federal or State law, in accordance with any applicable rules promulgated by the Board of Estimates and the Civil Service Commission, and without violating any law or terms of any contract to which the City is a party, including a collective bargaining agreement. An agency shall attach information regarding the City’s disability hiring preference to each job posting.

An agency shall make reasonable modifications to existing policies, practices, and procedures to ensure that an individual with a disability has an equal opportunity to participate and benefit from its programs, services, and activities. An agency is not required to take an action to provide a reasonable accommodation or modification if that action would:fundamentally alter the nature of the program, service, or activity in question; or impose an undue burden on the agency. If an agency denies an accommodation or modification under this subsection, the agency has the burden of proving that compliance would result in a fundamental alteration or an undue burden. A determination that a request would result in such alteration or burden may be made by the Director of the agency or the Director’s designee, only after the Director or designee has considered all available agency resources. An agency’s denial of a requested accommodation or modification under this subsection shall be accompanied by a written statement of the reasons for the determination. If making an accommodation or modification would result in a fundamental alteration or an undue burden, the agency shall take any other action that would not result in such an alteration or a burden but would nevertheless ensure, to the maximum extent possible, that an individual with a disability equitably receives the benefit or service provided by the agency. An agency may not assess a fee on an individual with a disability or any group of individuals with disabilities to pay the cost of providing:an auxiliary aid; an auxiliary service; or a reasonable accommodation or modification.

An agency shall, upon request, provide auxiliary aids and services to a qualified individual with a disability so the individual may participate equally in a program, service, or activity. To comply with subsection (a) of this section, an agency shall provide, based on the needs of an individual, an appropriate aid or service to make information and communications accessible to an individual who has a speech, hearing, or vision impairment, including:a qualified sign language interpreter; and documents in braille. If an agency provides a sign language interpreter, the interpreter shall meet the requirements of Title 9, Subtitle 24, Part III of the State Government Article of the Annotated Code of Maryland. Each regular meeting of the City Council shall include:a qualified sign language interpreter; and if the meeting is being broadcast, open captions that display spoken words, sound effects, and other meaningful audio information as visible text that appears directly on a screen or display and cannot be turned off. The City Council shall provide an accessible method on its website by which an individual may request American Sign Language interpretation for a special meeting, committee hearing, or other hearing of the City Council. The City Council shall make reasonable efforts to provide American Sign Language interpretation for any meeting identified in subparagraph (i) of this paragraph (2) when a request is received within 10 business days in advance of a meeting. The City Council shall make reasonable efforts to accommodate a request received after the stated deadline. The City Council shall provide public notice of:the deadline by which an individual shall submit a request for interpretation at a meeting identified in subparagraph (ii) of this paragraph (2); and the availability of American Sign Language interpretation and the process for requesting such service. The City Council shall implement this paragraph (2) in a manner consistent with the Americans with Disabilities Act.

Every publicly available digital system, including any website, web-based or mobile application, social media platform, streaming service, or other third-party digital platform that provides information or services through the internet, shall meet the accessibility requirements set out in the Web Content Accessibility Guidelines Version 2.1, Level AA, or any later version or equivalent standard adopted by the State or the federal government. Subsection (a) of this section applies to all such systems developed, purchased, or maintained by the City, as well as those developed, purchased, or maintained for City use under contract or other agreement with a third party including any digital system or platform used by the City for official communications, whether or not the platform is owned or controlled by the City. All prerecorded and live video or audio content made publicly available by the City shall include accurate, synchronized, and complete captions, including speaker identification and relevant non-speech audio information. For content that communicates critical information, public safety information, legal rights, or essential services, the City shall provide American Sign Language interpretation or American Sign Language-based video content in addition to captions. All digital emergency alerts, press conferences, and public safety announcements shall be accessible through real-time captions and visible American Sign Language interpretation, provided contemporaneously with the communication. Subject to the approval of the Board of Estimates, all contracts for digital systems or content shall require vendors to demonstrate compliance with this section prior to deployment and throughout the term of the contract.

A service animal is permitted in a City owned, operated, or managed space where the public is allowed, if the service animal is accompanying an individual with a disability.

The Office of Equity and Civil Rights, in partnership with City agencies, shall promulgate rules and regulations establishing procedures: for an individual to file a complaint for perceived discrimination on the basis of disability; for receipt of and response to a complaint by the ADA Coordinator of any agency alleged to be involved in the discrimination; for the timely response to a complaint by the ADA Coordinator of any agency alleged to be involved in the discrimination; for providing a written and accessible determination on the complaint to the complainant; for ensuring outcomes and corrective actions taken are communicated to the complainant, without violating any applicable law; establishing a reasonable timeline for the procedures under this section to take place; and for the submission of all grievances for a central tracking and reporting system.

Each agency shall designate, and accordingly compensate, at least 1 employee to be the “ADA Coordinator” for the agency. An ADA Coordinator shall:perform an agency self-evaluation pursuant to Title II of the ADA; develop an accessibility plan for the agency as required under subsection (b) of this section; on a regular basis, assess the agency’s accessibility plan for effectiveness and make changes, as needed; receive and respond to requests for a reasonable accommodation or modification; coordinate the preparation and submission of an agency annual report and quarterly report as required under subsection (c) of this section; and consult with and support the agency’s Equity Coordinator on the development of the agency’s equity action plan and any matters relating to accessibility for individuals with disabilities. The Office of Equity and Civil Rights shall develop and deliver an annual training for ADA Coordinators, with a focus on creating an accessibility plan and integrating the plan with the agency’s daily operations. The Director of an agency, in consultation with OECR and the agency’s ADA Coordinator, shall develop and implement an accessibility plan. An accessibility plan shall include:the mode:of evaluating the needs of a qualified individual with a disability attempting to access an agency service; of providing an accommodation or modification to a qualified individual with a disability; of coordinating with MIMA when serving an individual with both language access and disability-related needs; and of providing public notice of the agency’s obligation to serve a qualified individual with a disability. the means by which the agency will monitor its compliance with:the accessibility plan; the provisions of this subtitle; and any other applicable laws, rules, and regulations regarding an individual with a disability and access to public services; and the name and contact information of each employee that will serve as an ADA Coordinator for the agency. An agency shall:publicly publish the agency’s accessibility plan; and submit the agency’s accessibility plan to OECR. The Director of an agency shall review, update, and implement the agency’s accessibility plan by January 1 of each even numbered year. On January 1 of each odd-numbered year an agency shall file a report with OECR and the Department of Legislative Reference that assesses the agency’s preparation and implementation of its accessibility plan. Each quarter, an agency shall file a report with OECR and the Department of Legislative Reference that contains data related to the provision of reasonable accommodations and modifications, including:the number of individuals that requested a reasonable accommodation or modification; each type of accommodation or modification requested and if the agency provided the accommodation or modification, and if not, why; the length of time from request to determination, and from determination to provision of accommodation or modification; and the number of grievances filed with the agency.

Subject to the appropriation of funds in the annual Ordinance of Estimates and supplementary appropriations, OECR shall: provide oversight, coordination, and technical assistance to an agency as the agency prepares and implements its accessibility plan; and as appropriate, consult with MIMA when a qualified individual with a disability also requires language access services based on their status as a Limited English Proficient individual.

Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the Director of OECR shall adopt rules and regulations to carry out this subtitle.

In this subtitle, the following terms have the meanings indicated. “Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government. “Agency” also includes:Baltimore City Parking Authority; Baltimore Development Corporation; Baltimore City Police Department; Enoch Pratt Free Library of Baltimore City; Housing Authority of Baltimore City; Local Development Council, South Baltimore Video Lottery Terminal; Pimlico Community Development Authority; South Baltimore Gateway Community Impact District Management Authority; and any individual not embraced in a unit of City government who exercises authority comparable to that of the head of a unit of City government. “Employee” means any employee of the City who is not an official. “Employee” also means an employee of any agency or board included within the scope of subsection (b) {“Agency”} of this section. “Official” means:an elected official; the head of any department; the head of any bureau or division within a department; or any other individual in a unit of City government who, whether acting alone or as a member of a board acting jointly with other board members:has authority comparable to that of the head of a department or the head of a bureau or division; has decision-making authority in making City policy; has decision-making authority in the exercise of quasi-judicial, regulatory, licensing, inspecting, or auditing functions; or acts as a principal advisor to one who has authority of the type listed. “Official” also includes the Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, Executive Director, Executive Secretary, or Administrator of any agency or board included within the scope of subsection (b) {“Agency”} of this section. “Police misconduct” means any improper action taken by a Baltimore City police officer in relation with the police officer’s official duties. “Police misconduct” includes any misconduct involving the use of force, assault and battery, malicious prosecution, or false arrest or imprisonment. “Unlawful discrimination” means any discriminatory act prohibited by local, state, or federal law. Ord. 19-320 Ord. 22-125

The Baltimore City Department of Law shall post on its website semi-annual reports regarding all civil actions filed in state or federal court against any agency, official, or employee involving allegations of police misconduct. The report posted on the Department of Law’s website shall include:the court in which the action was filed; the name of the attorney representing the plaintiff, if any; the date the action was filed; the nature of the plaintiff’s claims; and if the matter has been resolved:the manner and date of the resolution; and whether the resolution included a payment to the plaintiff by the Mayor and City Council of Baltimore and, if so, the amount of that payment. The semi-annual reports required under this section must be posted as follows:on or before July 31, covering the preceding five-year period through June 30 prior to the report date; and on or before January 31, covering the preceding five-year period through December 31 prior to the report date. Ord. 19-320

The Baltimore City Department of Law shall post on its website semi-annual reports regarding all civil actions filed in state or federal court against any agency, official, or employee involving allegations of unlawful discrimination. The report posted on the Baltimore City Department of Law’s website shall include:the court in which the action was filed; the name of the attorney representing the plaintiff, if any; the date the action was filed; the nature of the plaintiff’s claims; and if the matter has been resolved:the manner and date of the resolution; and whether the resolution included a payment to the plaintiff by the Mayor and City Council of Baltimore and, if so, the amount of that payment. The semi-annual reports required under this section must be posted as follows:on or before July 31, covering the preceding five-year period through June 30 prior to the report date; and on or before January 31, covering the preceding five-year period through December 31 prior to the report date. Ord. 19-320

In this section, “significant litigation” means:any suit, action, or legal proceeding in a state or federal court; in which an attorney in the Baltimore City Department of Law is counsel of record, or the Baltimore City Department of Law has hired or is supervising outside counsel; and for which the monetary demand exceeds $100,000 or for which an agency, official, or employee is demanded to take, continue, or discontinue a certain action or practice. Within 30 days after each calendar quarter, the Baltimore City Department of Law shall provide to the City Council a report on all significant litigation. For each case, the report shall include:the name of the case; a summary of the facts giving rise to the case; as applicable, the amount or course of action demanded; the case’s current status; and if the case has been resolved:the manner and date of the resolution; and whether the resolution included a payment to the plaintiff by the City and, if so, the amount of that payment. Ord. 19-320

In any claim alleging police misconduct or unlawful discrimination against the Mayor and City Council of Baltimore City or any agency, official, or employee, the Baltimore City Department of Law may not approve for form or legal sufficiency any settlement agreement that contains a provision requiring a claimant to waive the claimant’s right to make any statement concerning:the Mayor and City Council of Baltimore City; any agency; any official or employee; the facts or circumstances of the claim; or the terms or conditions of the settlement agreement. In any claim alleging police misconduct or unlawful discrimination against the Mayor and City Council of Baltimore City or any agency, official, or employee, the Board of Estimates may not approve for execution any settlement agreement that contains a provision requiring a claimant to waive the claimant’s right to make any statement concerning:the Mayor and City Council of Baltimore City; any agency; any official or employee; the facts or circumstances of the claim; or the terms or conditions of the settlement agreement. The Baltimore City Department of Law may not enforce or threaten to enforce any provision in a previously executed settlement agreement that would be prohibited under this section. Ord. 19-320

All meetings, regular and special, of the boards or commissions in control of any department, bureau, or other agency in the executive and administrative branch of the government of the City of Baltimore shall be public meetings and open to the public at all times. Nothing contained herein shall be construed to prevent any such board or commission from holding an executive session from which the public is excluded, but no resolution, rule, or regulation shall be finally adopted at such an executive session. City Code, 1966, art. 1, §68 1976/83, art. 1, §63 Ord. 57-939

Any member of a City board or commission who is appointed by the Mayor and who, during any period of 12 consecutive months, fails to attend 50% or more of the meetings of the board or commission is considered to have resigned. The chairman of the board or commission shall forward the member’s name to the Mayor as soon as practicable following a 12-month period of deficient attendance, together with a statement of the frequency and extent of the non-attendance. Except as otherwise provided in paragraph (2) of this subsection, the Mayor shall appoint a successor for the remainder of the term. If the reasons for a member’s failure to attend meetings are satisfactory to the Mayor and are made public, the Mayor may waive the resignation. City Code, 1976/83, art. 1, §64 Ord. 71-1006 Ord. 13-175

Each board or commission established by <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite> or the Baltimore City Code whose membership is appointed shall hold a minimum of 1 regular meeting each year. These meetings shall be open to the public. The provisions of this section shall not apply to the Board of Estimates. City Code, 1976/83, art. 1, §65 Ord. 72-181

No board, commission, council, authority, committee, or other multi-member unit of City government may hold a public meeting, regular or special, on a day during which a primary or general election is being held in the City. Ord. 08-008

It shall be the duty of each board or commission established by <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite> or the Baltimore City Code to furnish written notice to the Department of Legislative Reference, for posting on a space designated by the Department of Legislative Reference, no less than 7 days before any meeting held by that board or commission. The posted notice shall include the time, date, and place of meeting. The 7-day requirement may be waived in case of emergency meetings, but notice of occurrence of such meeting shall be posted as soon as possible, before or after such meeting. Notice of the cancellation of a meeting should be given at least 48 hours prior to the scheduled time of the meeting. It shall be the duty of the Department of Legislative Reference to:provide space within the Department or the City Hall, clearly available to any onlooker, for the posting of meeting notices; and furnish at least 1 copy of each notice to the press. If any department, board, or commission fails to furnish written notice of meetings as provided in this section, such meeting will be deemed to have no legal standing. City Code, 1976/83, art. 1, §66 Ord. 72-181

Minutes shall be taken at all meetings, including regular, special, and emergency meetings, of all appointed boards and commissions established by <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite> and the Baltimore City Code. A copy of the minutes shall be filed with the Department of Legislative Reference no later than the 7th day after the next regularly scheduled meeting or within 60 days, whichever comes first. City Code, 1976/83, art. 1, §67 Ord. 72-181

No extra compensation shall be granted or allowed by the Mayor and City Council to any officer, agent, or servant of the corporation, or of any other corporation the expenses of which are borne in whole or in part by the City, after the services have been rendered. Nor shall the salary or compensation of any of said officers, agents, or servants be increased or diminished during the term for which they may be or may have been elected, appointed, or employed. Provided, that should an increase of duties be required by any subsequent ordinance or resolution of the Mayor and City Council, an extra compensation in proportion for the increase of labor, to the original compensation, may be allowed, in the discretion of the said Mayor and City Council. City Code, 1879, art. 1, §47 1893, art. 1, §52 1927, art. 1, §61 1950, art. 1, §10 1966, art. 1, §12 1976/83, art. 1, §15 Ord. 1863-058

If an applicant for employment with the City is also required by federal law to register with the Federal Selective Service, the applicant must submit, before appointment, evidence of registration or of prior or current service in the Armed Forces of the United States. A male born after December 31, 1959, may not be employed by the City until any documentation required by subsection (a) of this section has been submitted. City Code, 1976/83, art. 1, §15A Ord. 98-328

All employees of the Mayor and City Council of Baltimore who shall be members of the organized militia of the State of Maryland created by the Constitution or laws of this State shall be entitled to leave of absence from their respective duties, without loss or deduction from pay, regular vacation, time, or efficiency rating for all days during which they shall attend field or coast defense training camps as required by law or military regulation passed pursuant to law; and whenever any such employees shall be engaged in active military duty within the State of Maryland they shall likewise be entitled to the privileges herein conferred. City Code, 1927, art. 1, §65 1950, art. 1, §11 1966, art. 1, §13 1976/83, art. 1, §16 Ord. 27-956

All municipal offices shall remain open from 8:30 a.m. to 4:30 p.m. on Mondays through Fridays for the entire year, with a 40-minutes luncheon period. Provided, however, that any department head may, with the approval of the Mayor, establish hours other than those above specified for such employees as may be needed to meet emergencies or to promote the public service, and the Board of Estimates shall have the power, in its discretion, to modify or change the hours during which municipal offices shall be open whenever such change or changes shall seem desirable. City Code, 1950, art. 1, §12 1966, art. 1, §14 1976/83, art. 1, §17 Ord. 46-543

Every employee of the Police Department, including crossing guards, every employee of the Fire Department, and every public health nurse of the City of Baltimore whose duties require him or her to have and use, at any time, a uniform or other distinctive garb, shall either be provided with that uniform or other distinctive garb, free of cost, or shall be provided with an annual allowance in lieu thereof. City Code, 1966, art. 19, §175 1976/83, art. 19, §215 Ord. 55-1416 Ord. 99-526

The Mayor and City Council of Baltimore shall present a Baltimore municipal flag to the family of any City employee killed in the line of duty. The flag may be presented to the family of the deceased by the Councilmembers of the Councilmanic district in which the deceased resided. City Code, 1976/83, art. 1, §16A Ord. 82-635

On appointment, each officer or employee of the City must submit to the Department of Finance, Payroll Division, the full street address of his or her legal residence. Within 10 days after an officer or employee of the City changes her or his legal residence, the officer or employee must submit to the Department of Finance, Payroll Division, the full street address of the new residence. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Finance must adopt rules and regulations to carry out this section. Ord. 01-244 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (c) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Persons with disabilities are a largely untapped resource for outstanding candidates for City employment. Persons with disabilities suffer from a high unemployment and underemployment rate in the City due in part to unfounded myths, fears, and stereotypes that are associated with many disabilities. A hiring preference for persons with disabilities is necessary to remedy past discrimination resulting from these unfounded myths, fears, and stereotypes. In this section, “disability” has the meaning stated in the Americans with Disabilities Act, 42 USCS § 12101 et seq. The Civil Service Commission must adopt regulations that set standards for establishing and maintaining a preference for the initial appointment of qualified persons with a disability into civil service positions. The standards adopted under this section:must define a person with a disability eligible for the preference as:a person with medical proof of a developmental disability, a severe physical disability, or a psychiatric disability; or a veteran rated by the Department of Veterans Affairs with a compensable service-connected disability; must require medical certification of a qualifying disability; and must establish the following order of preference:a veteran with a disability; and an equal preference for a veteran without a disability and a non- veteran with a disability. The standards adopted under this section may apply the preference to an applicant only after the applicant has been ranked among the highest in merit-based examinations. Ord. 11-424

In this section, the following terms have the meanings indicated. “Agency” means any department, any bureau or division within a department, and any board, commission, authority, council, committee, office, or other unit of City government. “Official” means:the head of an agency who reports directly to the Mayor; and any at-will supervisory employee who reports directly to the Mayor or to the head of an agency. Every official:must be a resident and registered voter of Baltimore City at the time of his or her appointment, except only as otherwise authorized by subsection (c) of this section; and must remain a resident and registered voter of Baltimore City throughout his or her entire term of office. Subsection (b)(1) of this section does not apply to an official who, before her or his appointment, signs a declaration of intent to become a City resident and registered voter within 6 months of the effective date of her or his appointment. If the official fails to abide by this declaration of intent within the 6-month period, the official’s appointment is automatically terminated at the end of that period. Ord. 18-111 Ord. 20-415 State Local Government Article (“LG”) § 1-201 generally prohibits “a county or municipality [from] requir[ing] an employee to reside within the State, county, or municipality ... as a condition of employment” {LG § 1-201(b)(1)}, subject only to exceptions for (1) “an elected official”, (2) “the chief administrative officer of the county or municipality”, (3) “the head of a unit ... who reports directly to: (i) the chief administrative officer...; (ii) an elected executive; or (iii) the governing body of the county or municipality”, and (4) as added by Chapter 776, Acts of 2017, “an at-will supervisory employee [who] reports directly to the head of a unit”. {LG § 1-201(a) and(b)(1)}. This § 7-10 was enacted by Ordinance 18-111, effective April 26, 2018, in accord with and by authority of LG § 1-201, as amended by Ch. 776, Acts of 2017. Section 2 of Ord. 18-111 (based on Section 2 of Ch. 776) contains the following “legacy clause”: [T]his Ordinance applies only prospectively and may not be applied or interpreted to have any effect on or application to the continued employment at the same level of any individual who, before the effective date of this Ordinance, is employed by the City as an “official”, as that term is defined in this Ordinance.

In this section, the following terms have the meanings indicated. “Command staff member” means:a member of the Baltimore Police Department with the rank of colonel; or a member of the Baltimore Police Department with the rank of deputy commissioner. Nothing in this section applies to a command staff member who:on January 1, 2022, held the rank of colonel; and was subsequently promoted to the rank of deputy commissioner. Except as provided in subsection (c) of this section, each command staff member must:be a resident and registered voter of Baltimore City at the time of the command staff member’s appointment; and remain a resident and registered voter of Baltimore City throughout the command staff member’s entire term of office. An individual has 120 days after the date of hire for or promotion to a command staff member position to begin to reside in Baltimore City. If a command staff member is married to an individual who is employed by a governmental entity that has similar residency requirements as those in subsection (b) of this section, the Police Commissioner or the Police Commissioner’s designee may grant that command staff member a waiver from the requirements in subsection (b) of this section. If a command staff member fails to comply with this section the command staff member is automatically terminated. No later than June 30 of each year, the Police Commissioner or the Police Commissioner’s designee shall submit a report to the Mayor and City Council detailing the residency and voter registration status of all command staff members. Ord. 20-415 This § 7-11 was enacted by Ordinance 20-415, effective January 1, 2022, in accord with and by authority of the PLL of Baltimore City § 16-1(6), (7), and (8), and § 16-2A, as amended by Ch. 512, Acts of 2020. Section 2 of Ord. 20-415 contains the following “legacy clause” [T]his Ordinance applies only prospectively and may not be applied or interpreted to have any effect or application to the continued employment at the same level of any individual who, before the effective date of this Ordinance, is employed by the Baltimore Police Department as a member of its “command staff”, as that term is defined in this Ordinance.

In this subtitle, the following words have the meanings indicated. “Abuse of authority” means the arbitrary or capricious exercise of power by a City official or employee that adversely affects the rights of any person or that results in personal gain or advantage to the City official or employee or to preferred other individuals. “Affiliated entity” refers to the following entities:Baltimore City Parking Authority; Baltimore Development Corporation; and South Baltimore Gateway Community Impact District Management Authority. “Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government or of any affiliated entity. “Covered disclosure” means a disclosure:made by an employee; concerning actions arising within the Baltimore City government; initially made to a personnel officer or to the Inspector General; and that the employee reasonably believes to be evidence of:fraud; gross misuse or waste of public resources; abuse of authority; violation of law; or a substantial and specific threat to health, safety, or security. “Covered disclosure” includes a disclosure made during participation in an investigation by the Office of the Inspector General. “Covered disclosure” does not include a disclosure that is prohibited by law. “Employee” means an employee of a City agency, whether employed full-time, part-time, seasonal, contractual, or otherwise, including any member of a City board or commission, regardless of whether the member is compensated. “Notice of declination” means the notice sent by the Office of the Inspector General that informs the whistleblower their complaint is insufficient for the Office of the Inspector General to investigate. “Notice of investigation” means the notice sent by the Office of the Inspector General that informs the whistleblower the Office of the Inspector General will be initiating a whistleblower investigation based on the complaint. “Personnel action” means an act or omission by a supervisor that has a significant adverse impact on an employee, including dismissal, demotion, suspension, punitive transfer or assignment, disciplinary action, negative performance evaluation, failure to appoint, failure to promote, failure to transfer, or failure to assign. “Personnel officer” means an employee of the agency associated with the complaint who is responsible for administering personnel functions. “Supervisor” means any individual who directly or indirectly oversees the work of an employee who files a complaint pursuant to this subtitle. “Whistleblower” means an employee who makes a covered disclosure. Ord. 19-308 Ord. 21-068

Unless a disclosure is specifically prohibited by law, a supervisor may not take retaliatory personnel action against a whistleblower for making a covered disclosure. This section does not prohibit a supervisor from taking any personnel action against a whistleblower if the supervisor would have taken the personnel action regardless of whether the employee made the covered disclosure. Ord. 19-308

This complaint procedures provisions in § 8-6 et seq. of this subtitle do not apply to any non-probationary member of the Civil Service who has been discharged from the Civil Service, reduced in pay or position, or suspended for longer than 30 days. The Civil Service Commission has jurisdiction over personnel actions described in subsection (a) of this section, as provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII">City Charter Article VII</cite> §§ 94 through 104. On the Civil Service Commission’s request, the Office of the Inspector General may investigate allegations made to the Civil Service Commission regarding retaliatory personnel actions and provide the Office’s findings to the Commission at or before a Commission hearing to the extent permitted by <cite data-doc="City of Baltimore, Md., Charter" data-path="X">Article X of the Charter of Baltimore City</cite>. The Inspector General’s findings shall state whether the Inspector General believes the personnel actions were in violation of <cite data-path="|1|§8-3">§ 8-3 of this subtitle</cite>. During a Civil Service Commission hearing, the Commission may find that the personnel action described in subsection (a) of this section violates <cite data-path="|1|§8-3">§ 8-3 of this subtitle</cite>. If the Commission finds that the personnel action described in subsection (a) of this section violates <cite data-path="|1|§8-3">§ 8-3 of this subtitle</cite>, this finding may be considered by the Commission in disposing of the matter before it. Ord. 19-308

A whistleblower who believes he or she has been retaliated against for making a covered disclosure shall file a written complaint with the personnel officer. The complaint must be filed within 30 days from when the whistleblower knew or reasonably should have known about the violation. Within 5 business days after receiving a complaint under this section, the personnel officer who received the complaint must give the whistleblower written notice of the complaint’s receipt. Within 10 business days after receiving a complaint under this section, the personnel officer who received the complaint must notify the agency head or the appropriate appointing authority of the agency to the complaint <em>{sic}</em>. Within 60 business <em>{days} </em>after the supervisor <em>{personnel officer} </em>received the complaint, the personnel officer must conduct an investigation and provide written findings to the whistleblower and to the agency head or the appropriate appointing authority of the agency. A whistleblower may choose to file a covered disclosure directly with the Office of the Inspector General if the whistleblower possesses a reasonable and articulable belief that any personnel officer cannot competently investigate the covered disclosure due to a conflict of interest or other specified reason. A whistleblower must file a complaint within 30 calendar days, by close of business on the 30<sup>th</sup> day, from when the whistleblower knew or should have reasonably known of the retaliation. If the 30<sup>th</sup> day falls on a weekend or holiday or if City offices are closed for an emergency, the next business day when City offices are open shall count as the final day to file a complaint by close of business. When making a covered disclosure, the whistleblower:must act in good faith; must make reasonable efforts to verify all information; and may not knowingly report false information or allegations to the Office of the Inspector General. If the whistleblower initially filed a complaint with a personnel officer, the whistleblower may appeal to the Inspector General if:the personnel officer who received the complaint failed to provide the whistleblower with written findings of the personnel officer’s investigation; or the whistleblower does not agree with the personnel officer’s written findings. An appeal filed with the Inspector General under either paragraph (1)(i) or paragraph (1)(ii) of this subsection must be filed within 30 days from when the personnel officer should have presented or actually presented the whistleblower with the written findings of the personnel officer’s investigation. Ord. 19-308 Ord. 19-332 Ord. 21- 068

Within 5 business days after receiving a written complaint or appeal under § 8-6(c) or (f) of this subtitle, the Office of the Inspector General must give the whistleblower written notice of the complaint’s or appeal’s receipt. Within 30 calendar days of receiving a complaint, the Office of the Inspector General shall provide the whistleblower with a written notice of investigation or a notice of declination depending on the timing and legal sufficiency of the complaint. If initiating an investigation, the Office of the Inspector General shall send a Memorandum of Protected Activity to the whistleblower’s supervisor. Within 150 days of receipt of the complaint, the Office of the Inspector General will present its written findings, including recommendations for action based on the investigation, to:the City Administrator; the relevant agency head; and the whistleblower. Within 14 days of receipt of the Office of the Inspector General’s written findings, the City Administrator must meet with the relevant agency head and the Inspector General to discuss the recommendations included in the written findings. Ord. 19-308 Ord. 21-068

To remedy any violation of this subtitle, an agency head may: order the removal of detrimental information in the whistleblower’s employment record put there due to retaliation related to the complaint; require the relevant supervisor to:hire, promote, or reinstate the whistleblower; end the whistleblower’s suspension from employment; or award the whistleblower back pay to the date of the violation; or provide any other remedy consistent with the agency’s mission. Ord. 21-068

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Inspector General must adopt rules and regulations to carry out this subtitle. Ord. 19-308 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Any person aggrieved by a final action under this subtitle may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. Any party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 19-308

Nothing in this subtitle affects: any action for defamation or invasion of privacy; employee protections or employee grievance procedures provided by law or contract; or any other remedy provided by law. Ord. 19-308

The Department of Human Resources, with the assistance of the Office of the Inspector General and the Law Department, must conduct trainings regarding this subtitle to inform employees and supervisors of their rights and responsibilities. Ord. 19-308

The Office of the Inspector General must create an administrative manual that outlines procedures and other information relative to the handling of complaints under this subtitle. Ord. 19-308

In this subtitle, the following terms have the meanings indicated. “Agency” means:any department, authority, office, board, commission, council, committee, or other unit of the City government; and any individual not embraced in a unit of City Government who exercises authority comparable to that of the head of a unit of City government. “City data” or “data” means statistical, factual, quantitative, or qualitative information that is regularly maintained or created by or on behalf of:a City agency; or a third-party contractor that creates or acquires information, records, or other data for and on behalf of a City agency. “Open data” means data made available online:in open format; and with no legal encumbrances on use or reuse. “Open Data Portal” means the “Open Baltimore” Web Portal as maintained under this subtitle. “Open format” means any widely accepted, nonproprietary, platform-independent, machine-readable method for formatting data that:permits automated processing of that data; and facilitates search capabilities. “Dataset” means a named collection of related records that contains data organized or formatted in a specific or prescribed way, often in tabular form. “Protected information” means any dataset or part of a dataset to which an agency is required or authorized to deny access pursuant to the Maryland Public Information Act (Title 4 of the State Code <cite data-path="|general">General Provisions Article</cite>) or any other applicable law. “Sensitive information” means any data that, if published in open format, could raise privacy, confidentiality, or security concerns, or could have the potential to jeopardize public health, safety, or welfare, to an extent that is exceeds the potential public benefit of publishing that data. “Publishable data” means data that is neither protected information nor sensitive information. Ord. 16-463

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the City’s Chief Data Officer may adopt rules and regulations to carry out this subtitle. Ord. 16-463 Text Conformed 05/5/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

This subtitle may be cited as the “Baltimore City Open Data Program”. Ord. 16-463

The Chief Data Officer shall oversee the development and adoption by the City of a program that allows the City to: proactively release all publishable data, making it freely available in open formats, with no restrictons on use or reuse, and fully accessible to the broadest range of users for varying purposes; publish high quality, updated data, with documentation and permanence to encourage maximal use; continue and maintain the “Open Baltimore” Web Portal as the central location for publishable open data; minimize limitations on the disclosure of public information, while appropriately safeguarding protected and sensitive information; and encourage innovative uses of the City’s publishable data by agencies, the public, and other partners. Ord. 16-463

The Chief Data Officer shall work with the City’s agencies and officials to:identify for each agency a lead open data coordinator who will be responsible for managing that agency’s participation in the Open Data Program; establish a comprehensive inventory of datasets held by each agency and to be published on the Open Data Portal and regularly updated; develop and implement a process for determining the relative level of risk and public benefit associated with potentially sensitive, non-protected information, so as to make a determination about whether and how to publish that information; develop and implement a process for prioritizing the publication of datasets on the Open Data Portal, taking into account:new and existing signals of interest from the public (such as the frequency of Public Information Act requests); the City’s programmatic priorities; existing opportunities for data use in the public interest; and cost; establish processes for publishing datasets on the Open Data Portal, including processes for ensuring that datasets are reviewed for use-appropriate formats, quality, timeliness, and exclusion of protected and sensitive information; develop and routinely update a public timeline for new dataset publication; and ensure that published datasets are available for bulk download. In order to increase and improve use of the City’s open data, the Chief Data Officer shall actively encourage agency and public participation by providing regular opportunities for feedback and collaboration. Ord. 16-463

The City shall maintain the “Open Baltimore” Web Portal as the Open Data Portal where the City’s publishable data will be publicly available. Datasets published on the Open Data Portal shall be available to the public on an open license basis, with no restrictions on copying, publishing, further distributing, modifying, or using the data for any non-commercial or commercial purpose. Ord. 16-463

On or before June 30 of each year, the Chief Data Officer shall prepare and submit to the Mayor and the City Council an annual Open Data Report. The report shall include:an assessment of progress towards achievement of the goals of the Open Data Program; an assessment of the current scope of agency compliance; a list of datasets currently available on the Open Data Portal; and a description of and publication timeline for datasets envisioned to be published on the Open Data Portal in the enduing year. Ord. 16-463

Data is made available on the Open Data Portal for informational purposes only. The City makes no express or implied warranty as to the completeness, accuracy, content, merchantability, or fitness for any particular use or purpose of any dataset made available on the Open Data Portal. The City is not liable for any deficiency in the completeness, accuracy, content, merchantability, or fitness for any particular use or purpose of any dataset or of any third-party application using a dataset. Neither this subtitle nor any Open Data Program plan or practice create a private right of action to enforce their provisions. Failure to comply with this subtitle or any Open Data Program plan or practice does not result in any liability by the City. The City shall conspicuously publish on the Open Data Portal the disclaimers contained in subsections (a) through (c) of this section. Ord. 16-463

In this subtitle, the following terms have the meanings indicated. “Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government in either the executive or legislative branches, including all elected officials. “Non-permanent record” means a public record with temporary value that may be destroyed after the passage of a specified period of time. “Non-permanent record” includes:extra copies of documents that:have no separate administrative purpose or value; and are preserved only for convenience or reference; informational copies of correspondence, directives, forms, or other similar documents on which no administrative action is recorded or taken; library and museum materials made or acquired for reference or exhibition purposes; personal papers or papers of a private or non-official character that pertain to an individual’s private affairs; duplicate copies of documents maintained in the same file; extra copies of printed or processed materials for which complete record sets exists, including current and superceded manuals maintained outside the agency responsible for maintaining the manual; catalogs, trade journals, and other publications received from government agencies, commercial firms, or private institutions that require no further action by the agency; or physical exhibits, artifacts, and other material objects lacking evidential value. “Record” means any documentary material in any form created or received by an agency in connection with the transaction of public business. “Record” includes:written materials, email, books, photographs, photocopies, publications, forms, microfilms, tapes, computerized records, maps, drawings, and other materials in any format; data generated, stored, received, or communicated by electronic means for use by, or storage in, an information system or for transmission from one information system to another; and non-permanent records. “Record inventory” means a survey of all records series maintained by an agency resulting in a detailed, itemized compilation of the records in the possession of that agency. “Retention period” means the period of time that a record must be retained in accordance with an approved Records Retention and Disposition Schedule. “State Archivist” means the individual appointed under Maryland <cite data-doc="Md. Code" data-path="gsg|9-1005">State Government Article, § 9-1005, </cite>or that individual’s designee. Ord. 20-407 Ord. 22-125

There is a City Records Management Officer appointed by the Director of the Department of Legislative Reference. Ord. 20-407

The City Records Management Officer shall direct the development and administration of a continuing records management, archival, and disposal program for the records of all City agencies. The City Records Management Officer must:establish standards, procedures, and techniques for the effective management of City records; prepare, for the approval of the State Archivist, Record Retention and Disposition Schedules providing for:the retention of City and agency records of continuing value for a specific retention period; the orderly disposal of City and agency records no longer possessing sufficient administrative, legal, fiscal, or historical value to warrant further preservation; and the identification and preservation of records no longer needed by an agency that are of historical significance; review all proposals for the digitization of records, whether or not the ultimate destruction of the original record is involved; assist agency heads in the preparation of agency record inventories; periodically inspect records and records management practices of agencies; and organize and administer a City records storage center or centers for the City’s inactive and historical records. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the City Records Management Officer must adopt rules and regulations to carry out this subtitle. Ord. 20-407 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (c) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Each agency head must: designate an Agency Records Officer to:serve as the agency liaison to the City Records Management officer; and assist the City Records Management Officer in carrying out the records management program for the agency; on the request of the City Records Management Officer, prepare a record inventory; cooperate with the City Records Management Officer in the preparation of Record Retention and Disposition Schedules for the agency head’s agency; and comply with the rules and regulations adopted by the City Records Management Officer with respect to the retention, disposal, storage, and digitization of agency records. Ord. 20-407

Nothing in this section applies to any record that has been transferred to the custody of the Maryland State Archives. Except as provided in this section or in an approved Record Retention and Disposition Schedule, records created or received by an agency in the course of official City business are the property of the Mayor and City Council of Baltimore and may not be destroyed, sold, transferred, or otherwise disposed of. Each agency must comply with its Record Retention and Disposition Schedule and the disposal process set forth in <cite data-doc="Md. Code" data-path="gsg">Title 10, Subtitle 6 of the State Government Article of the Maryland Code</cite> to ensure:the orderly retention of records required for the operation of the agency; and the prompt disposal of records having no further value. An agency head must submit a Certificate of Disposal to the City Records Management Officer for any record disposed of in accordance with the agency’s Record Retention and Disposition Schedule. The Certificate of Disposal required by this section must set forth a list of the disposed records and a certification that the records were disposed of in accordance with this subtitle. The City Records Management Officer shall transmit a copy of any Certificate of Disposal received under this subsection to the State Archivist. At least 30 days before any records held at any City records storage center administered under this subtitle are destroyed, a list of the records proposed for destruction must be submitted to the City Solicitor and the City Auditor for review. At any time during the 30-day review period, the City Solicitor or the City Auditor may submit to the City Records Management Officer a written objection to the destruction of a record or set of records on the list. On receipt of a written objection under paragraph (2) of this subsection, the City Records Management Officer must retain the record. Ord. 20-407

As provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§7|(b)">City Charter Article I, § 7(b)</cite>, any agency may substitute a digital image or file for any of its records, provided that: the required Record Retention and Disposition Schedule has been approved; and any digital surrogates have been produced in a manner consistent with the rules and regulations adopted under this subtitle. Ord. 20-407

In this subtitle, the following terms have the meanings indicated. “Administratively charged” means that a police officer has been formally accused of police misconduct in an administrative proceeding. “Board” means the Baltimore City Police Accountability Board established by this subtitle. “Committee” means the Administrative Charging Committee established by §11-10 of this subtitle. “Director” means the Director of the Baltimore City Office of Equity and Civil Rights, or its successor office. “Disciplinary matrix” means a written, consistent, progressive, and transparent tool or rubric that provides ranges of disciplinary actions for different types of police misconduct. “Exonerated” means that a police officer acted in accordance with the law and agency policy. “Law enforcement agency” means:the Baltimore City Police Department; the Baltimore City School Police; the Baltimore City Sheriff’s Department; the Baltimore City Environmental Police; the police for of the Baltimore City Community College; the police for of Morgan State University; or the police department of Johns Hopkins University. “Not administratively charged” means that a determination has been made not to administratively charge a police officer in connection with alleged police misconduct. “Police misconduct” means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes:depriving persons of rights protected by the constitution or laws of the City, the State, or the United States; a violation of a criminal statute; and a violation of law enforcement agency standards and policies. “Police officer” has the meaning stated in <cite data-doc="Md. Code" data-path="gps|3-101">State Public Safety Article, § 3-101(h) </cite>{“Police Officer”}. “Unfounded” means that the allegations against a police officer are not supported by fact.

There is a Baltimore City Police Accountability Board.

The Police Accountability Board is composed of 17 members. 2 members shall be appointed to the Board by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>. 1 of the members appointed by the Mayor under this paragraph (2) must be between 18 and 25 years of age. Each member of the City Council and the City Council President shall propose 1 candidate to the Mayor for his or her consideration for appointment to the Board. The Mayor shall consider the candidates proposed by the City Council for appointment to the Board and may nominate the candidates at his or her discretion in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>. If the Mayor rejects a candidate proposed by the City Council the Mayor must provide a written response to the City Council justifying why he or she rejected the candidate. To the extent practicable the membership of the Board shall reflect the racial, gender identity or expression, sexual orientation, socioeconomic, and cultural diversity of the City. Each member of the Board must be a resident of the City of Baltimore. No person may be appointed to the Board, or once appointed, continue to serve on the Board if the person:is or becomes a police officer or an officer or employee of a law enforcement agency; is or becomes a candidate for elected public office of the State, the City, or any other political subdivision of the State; is or becomes a person required to file a financial disclosure statement as required under <cite data-path="|8">Article 8</cite>, §§ <cite data-path="|8|§7-7">7-7 {“Elected officials and staff”}</cite>, <cite data-path="|8|§7-8">7-8 {“Agency officials and staff”}</cite>, or <cite data-path="|8|§7-9">7-9 {“Procurement, legislative liaison, and enforcement personnel”}</cite> of the City Code; and is a former police officer who did not separate from a law enforcement agency in good standing. No more than 2 former police officers or employees of a law enforcement agency may serve on the Board at any 1 time.

The Chair shall be elected from among the Board’s members by a majority vote of the members of the Board. The term of the Chair is 2 years. The Chair may be re-elected. The Board may elect a Vice-Chair and other officers from among its members.

Each member of the Board serves a 4-year term. A member of the Board may not serve more than 2 consecutive full terms. A member of the Board appointed to fill a vacancy serves the rest of the then current term. A member of the Board continues in office until their successor is appointed and qualified. The Mayor, with the approval of at least 9 Board members, may remove a member for:neglect of duty; misfeasance, malfeasance, or nonfeasance; a member’s inability or unwillingness to perform the duties of the office; conduct that impairs a member from performing the duties of the office; a conviction of a felony or a crime relevant to a member’s credibility for which the penalty and sentence has not been fully satisfied; or inability to meet the qualifications for a Board member mandated by City or State law or by implementing regulations. The members of the Board:shall only be entitled to such compensation as provided for in the Ordinance of Estimates or supplementary appropriation legislation; and are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates or supplementary appropriation legislation.

The Board must meet at the call of the Chair as frequently as required to perform its duties, but not less than 4 times each year. A majority of the members of the Board constitutes a quorum for the transaction of business. An affirmative vote by the majority of a quorum is needed for any official action.

The Board must: hold quarterly meetings with the Chief of each law enforcement agency; appoint civilian members to the administrative charging committee and trial boards; receive complaints of police misconduct filed by a member of the public; review the outcomes of disciplinary matters considered by the administrative charging committee on a quarterly basis; advise the Mayor and the City Council on policing matters; and refer each complaint of police misconduct filed with the Board to the appropriate law enforcement agency within 3 days after receipt for investigation.

The Board must publicly publish and submit an annual report to the Mayor and City Council by each December 31 that:identifies any trends in the disciplinary process of police officers in the City; recommends changes to policy that would improve police accountability in the City; and describes the activities of the Board and the number of complaints received. The Board must maintain a public website where reports required under subsection (a) of this section are publicly published.

A complaint of police misconduct may be filed with:the Board or its designee; or the law enforcement agency that employs the police officer who is the subject of the complaint. If a complaint is filed with the Board, the complaint must be forwarded to the law enforcement agency that employs the police officer who is the subject of the complaint. If a complaint is filed with a law enforcement agency, the complaint must be forwarded to the Board within 2 weeks. The Board shall receive complaints of police misconduct:filed by members of the public; forwarded to them from a law enforcement agency; or forwarded to the Board by the Board’s designee, as authorized under <cite data-path="|1|§11-9|(a)|(1)|(i)">§ 11-9(a)(1)(i) of this subtitle</cite>. The Board must establish a uniform procedure for allowing members of the public to file complaints of police misconduct. A complaint of police misconduct filed with the Board or a law enforcement agency must include:the name of the police officer accused of police misconduct; a description of the facts on which the complaint is based; and contact information of the complainant or a person filing on behalf of the complainant for investigative follow-up. A complaint of police misconduct need not be notarized.

There is an Administrative Charging Committee for the City. The Committee comprises 5 members, of which:1 is the Chair of the Police Accountability Board, or another member of the Board designated by the Chair; 2 are civilian members appointed by the Police Accountability Board; and 2 are civilian members appointed by the Mayor. To the extent practicable the membership of the Board shall reflect the racial, gender identity or expression, sexual orientation, socioeconomic, and cultural diversity of the City. Each member of the Committee must be a resident of the City of Baltimore. Before serving as a member of the Committee, a person must receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission. Each member of the Committee serves a 3-year term. A member of the Committee may not serve more than 2 consecutive full terms. A member of the Committee appointed to fill a vacancy serves the rest of the unexpired term. A members of the Committee continues in office until his or her successor is appointed and qualified. The Mayor may remove a member for:neglect of duty; misfeasance, malfeasance, or nonfeasance; a member’s inability or unwillingness to perform the duties of the office; conduct that impairs a member from performing the duties of the office; a conviction of a felony or a crime relevant to a member’s credibility for which the penalty and sentence has not been fully satisfied; or inability to meet the qualifications for a Committee member mandated by City or Stat law, or implementing regulations. The members of the Committee:serve with compensation, as provided for in the Ordinance of Estimates or supplementary appropriation legislation; and are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates or supplementary appropriation legislation. The Committee shall elect a Chair from among its members at the first meeting occurring on or after July 1. The Chair of the Committee may not serve more than 2 consecutive full terms. The Committee shall meet once per month or as needed. A majority of the members of the Committee constitutes a quorum for the transaction of business. An affirmative vote by the majority of a quorum is needed for any official action. The Committee must:review the findings of each law enforcement agency’s investigation forwarded by the agency to the Committee; review any body camera footage that may be relevant to the matters covered in the complaint of police misconduct; authorize a police officer called before the Committee to be accompanied by a representative; within 30 days after receipt of the law enforcement agency’s investigatory file, unless the Committee requests further review under subsection (g) of this section, determine if the police officer who is the subject of the charged investigation should be administratively charged or not administratively charged; if the Committee determines that a police officer should be administratively charged, recommend discipline pursuant to the disciplinary matrix; if the Committee determines that a police officer should not be administratively charged, make a determination that:the allegations against the police officer are unfounded, or the police officer is exonerated; issue a written opinion for each complaint describing in detail the Committee’s findings, determinations, and recommendations; and forward the written opinion to the Chief of the appropriate law enforcement agency, the accused police officer, and the complainant. The Committee has the authority to:request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation; issue subpoenas for documents or witnesses necessary to execute the Committee’s duties; and record, in writing, any failure of supervision that caused or contributed to the officer’s police misconduct. On completion of an investigation of a complaint of police misconduct involving a member of the public and a police officer, regardless of whether the complaint originated from within the law enforcement agency or from an external source, the law enforcement agency shall forward to the Committee the investigatory files for the matter. Each member of the Committee must maintain confidentiality relating to the matter being considered by the Committee until the final disposition of the matter.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director must adopt rules and regulations to carry out this subtitle.

The Director of the Baltimore City Office of Equity and Civil Rights, or its successor office, serves as the director of the Baltimore City Police Accountability Board and is responsible for assisting the Board in performing its responsibilities. In consultation with the Board, the Director may assign staff from the Office of Equity and Civil Rights to assist the Police Accountability Board and the Administrative Charging Committee. The Director may expend funds as authorized in the Ordinance of Estimates or in any supplementary appropriations. At the time a former police officer is nominated to the Board under <cite data-path="|1|§11-3|(a)|(2)">§ 11-3(a)(2) {“Nomination and appointment”} of this subtitle</cite> the Director shall submit written public records requests for the former police officer’s personnel records. Written public records request shall be submitted to all known law enforcement agencies, police forces, sheriff’s offices, or security forces or law enforcement organizations, regardless of jurisdiction, that employed the former police officer. Access to personnel records received resulting from requests submitted under paragraph (1) of this subsection shall be limited to those individuals directly involved with the nomination and appointment process for Board members. All personnel records collected under this subsection shall be retained for the duration of the nomination and appointment process, and then destroyed.

The Director must maintain records of the Police Accountability Board and the Administrative Charging Committee in accordance with a record retention schedule created with the assistance of the Baltimore City Records Management Officer in accordance with City and State law. All records prohibited from disclosure under the Maryland Public Information Act or other applicable law regarding the confidentiality of these records must be kept confidential by:members of the Board; members of the Committee; the Director; staff from the Office of Equity and Civil Rights; and any other person who becomes a custodian of the records that are handled by the Board or the Committee. Ord. 22-146

A Central Bureau of Investigation is hereby created in the Law Department under the City Solicitor. City Code, 1950, art. 18, §1 1966, art. 1, §25 1976/83, art. 1, §28 Ord. 42-855

It shall be the duty of the Central Bureau of Investigation, to investigate:any and all claims made by third persons against the Mayor and City Council of Baltimore; all claims which the Mayor and City Council of Baltimore may have against third persons; and all reports made by any department, board, bureau, commission, agency, or employee of the Mayor and City Council of Baltimore of an accidental injury suffered by any employee thereof. The Central Bureau of Investigation shall also, at the direction of the City Solicitor, or at the direction of an Assistant City Solicitor handling Workmen’s Compensation claims, investigate all claims for Workmen’s Compensation filed with the State Workers’ Compensation Commission by any employee of the Mayor and City Council of Baltimore. The Central Bureau of Investigation shall also:make any and all investigations, of whatsoever kind or character, directed to be made by the City Solicitor; and report the results of any and all investigations made by it to the City Solicitor. The Central Bureau of Investigation shall send to the Division of Disability Compensation of the Central Payroll Bureau, a summary of any report of any investigation of any claim filed with the State Workers’ Compensation Commission by any employee of the Mayor and City Council of Baltimore for Workmen’s Compensation. City Code, 1950, art. 18, §2 1966, art. 1, §26 1976/83, art. 1, §29 Ord. 42-855

The City Solicitor shall appoint the employees of the Central Bureau of Investigation in accordance with <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. The employees shall be compensated as provided in the Ordinance of Estimates. All non-lawyer positions in the Central Bureau of Investigation are part of the Classified Service of the City of Baltimore, subject to the laws, rules, and regulations governing that service. All appointments to fill vacancies in non-lawyer positions caused by death, resignation, dismissal, retirement, or other reason shall be made by the City Solicitor from eligible lists established by the Department of Human Resources. The City Solicitor may from time to time engage for special purposes the services of experts and specialists for any particular case or cases. City Code, 1950, art. 18, §3 1966, art. 1, §27 1976/83, art. 1, §30 Ord. 42-855 Ord. 99-526 Ord. 04-822

Every department, board, bureau, commission, officer, and employee of the Mayor and City Council of Baltimore (except the Bureau of Receipts and the employees thereof, so far as claims for taxes are concerned) shall immediately, upon the happening of any accidental injury to any employee of the Mayor and City Council of Baltimore, and upon the filing of, or knowledge of the existence of, any claim against the Mayor and City Council of Baltimore, or any injury or damage caused to the person or property of any third person by the Mayor and City Council of Baltimore, and any claim of the Mayor and City Council of Baltimore against third parties for any damage to property owned by or under the control of the Mayor and City Council of Baltimore, or any other injury or damage for which the Mayor and City Council of Baltimore may have a claim against third parties, whether arising by subrogation or otherwise, report the happening of such accidental injury or damage, or the filing or knowledge of any such claim or damage, with the Central Bureau of Investigation, so that an immediate investigation of all such accidental injuries and all such claims and damages may be forthwith made by the Central Bureau of Investigation. City Code, 1950, art. 18, §4 1966, art. 1, §28 1976/83, art. 1, §31 Ord. 42-855

In the event of any inconsistency between this subtitle and the terms and provisions of any ordinance of the Mayor and City Council of Baltimore, the terms and provisions of any other such ordinance are repealed to the extent of such inconsistency. City Code, 1950, art. 18, §5 1966, art. 1, §29 1976/83, art. 1, §32 Ord. 42-855

There shall be a Convention Complex, consisting of the Baltimore Arena and the Convention Center, the head of which shall be a Convention Complex Director, who shall be appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the Baltimore City Charter</cite>. There shall also be a Baltimore Arena Manager who shall manage and operate the Baltimore Arena, and a Convention Center Manager who shall manage and operate the Convention Center, both of whom shall be subject to the supervision and control of the Convention Complex Director. The compensation of the Director and Managers and their assistants, aides, and employees shall be subject to the approval of the Board of Estimates and shall be paid as provided in the annual Ordinance of Estimates. City Code, 1976/83, art. 1, §33 Ord. 82-676 Ord. 86-778

The Convention Complex Director shall have the following powers, which may be delegated by him to the Convention Center Manager or the Baltimore Arena Manager:with the prior approval of the Board of Estimates, to contract with consulting, planning, or designing engineers or architects, advertising or promotional agencies, and any other persons possessing technical or specialized skills in connection with the requirements of the Convention Center or Baltimore Arena; within a framework submitted to and approved by the Board of Estimates, to establish fees, rentals, or charges for the use or occupancy of the Convention Center and Baltimore Arena, or any part thereof, and to collect such fees, rentals, or charges; all such collections shall be remitted to the Director of Finance of Baltimore City; to adopt, promulgate, and enforce rules and regulations for the management, use, occupancy, government, and preservation of order with respect to all land, property, facilities, and activities under his supervision or control, and a copy of all such rules and regulations shall be effective 10 days after they are filed with the Department of Legislative Reference of Baltimore; and any and all rules and regulations previously adopted by the Civic Center Commission shall remain in force and effect until superseding rules and regulations are adopted and promulgated by the Convention Complex Director; and to do any and all things necessary, proper, or expedient relative to or in connection with the use, occupancy, control, operation, management, promotion, maintenance, and repair of the Convention Center and Baltimore Arena. Every person who violates any such rules or regulations so adopted or promulgated shall be guilty of a misdemeanor and, upon conviction thereof in any court of competent jurisdiction, shall be fined not more than $500 for each and every offense or imprisonment for not more than 12 months. City Code, 1976/83, art. 1, §34 Ord. 82-676 Ord. 86-778

All contracts or agreements entered into for or in connection with the maintenance or repair of the Convention Center and Baltimore Arena and their facilities shall be subject to the terms and provisions of <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11">Article VI, § 11 of the City Charter</cite>, as they now exist or as they may hereafter be amended. The title to all land or property of every kind and every right, interest, franchise, easement or privilege therein, acquired for or in connection with the Convention Center and Baltimore Arena shall be or remain in the name of the Mayor and City Council of Baltimore. City Code, 1976/83, art. 1, §35 Ord. 82-676 Ord. 86-778

In this subtitle, the following terms have the meanings indicated. “Commission” means the Baltimore City Commission on Aging, Resources, and Empowerment, formerly named the Baltimore City Commission on the Aging and Retirement. “Director” means the Director of the Baltimore City Office of Older Adult Affairs and Advocacy. “Office” means the Baltimore City Office of Older Adult Affairs and Advocacy. “Older individual” means an individual who is 60 years of age or older.

There is a Baltimore City Office of Older Adult Affairs and Advocacy.

In general. The Director is responsible for the administration and oversight of the Office. Appointment. The Director is appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. Salary. The Director shall receive such salary as may be provided in the Ordinance of Estimates.

The Office shall: evaluate the service needs of older individuals in the City; determine the extent to which existing public and private programs meet the needs of older individuals; establish priorities for meeting the needs of older individuals; evaluate services and programs that support older adults in Baltimore City; educate older adults, their families, and advocates about the services and programs described in paragraph (4) of this subsection; recommend to the Mayor, City Council, and applicable State and federal officials changes and improvements in City, State, and federal services and programs that address the following needs of older individuals:financial health; safety; public health; behavioral health; insurance coverage; housing; employment; recreation; volunteerism; lifelong learning; transportation; in-home care services; caregiver support; and institutional and community-based long-term care; coordinate a Citywide planning process with the goal of transforming Baltimore City into an age-friendly city that supports older individuals as they live their lives with choices, independence, and dignity; facilitate communication between the City, the Maryland Department of Aging, and the State Commission on Aging; and perform other functions as may be assigned by the Mayor.

The Office may employ staff in accordance with the Ordinance of Estimates. The Office may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations.

On or before June 30 of each year, the Office must submit an annual report to the Mayor and City Council detailing: the activities of the Office; and the trainings, exercises, and community outreach activities the Office conducted during the previous year.

There is a Baltimore City Commission on Aging, Resources, and Empowerment.

The Commission shall consist of 29 members, 18 of whom are appointed by the Mayor in accordance with Article IV, § 6 {“Administrative Procedure Act – Regulations”} of <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite>, and 11 of whom are ex-officio members. The Mayor shall appoint commission members to represent the diversity of people and ideas within the City’s older individuals community with regard to equity, socioeconomic status, religion, race, ethnicity, gender identification, and family composition. Of the 18 members to be appointed by the Mayor:at least 3 shall be over 65 years of age and reside in Baltimore City; 1 shall be a member of the City Council; 2 shall be physical or behavioral healthcare practitioners; 1 shall be experienced with business, labor, or workforce development; 1 shall be a representative of a faith-based organization; 1 shall be a representative from a consumer education organization; 2 shall represent a voluntary organization or voluntary advocacy organization that provides services to older adults; and 4 shall have a general interest in providing services to older adults in the following fields:legal services; housing; and academic research. The 11 ex-officio members of the Commission are the following, or their designated representatives:the Commissioner of Health; the Director of the Department of Social Services; the Director of the Department of Planning; the Police Commissioner; the Commissioner of the Department of Housing and Community Development; the Director of the Department of Recreation and Parks; the Chief of the Fire Department; the Director of the Baltimore Behavioral Health Bureau or a similar organization; the Director of the Department of Public Works; the Executive Director of the Mayor’s Office of Children and Family Success; and the Director of the Department of Transportation.

Appointed members serve a term of 4 years, concurrent with the terms of the Mayor and the City Council, and at the end of a term, an appointed member continues to serve until a successor is appointed and qualified. The Mayor shall designate at least 1 but no more than 2 of the appointed members to serve as Chairs of the Commission. If there is a vacancy in the membership of the Commission, the member appointed by the Mayor to fill the vacancy must meet the same qualifications for appointment as the member being succeeded and shall serve for the remainder of the unexpired term. The members of the Commission shall receive no compensation for their services on the Commission, but shall be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties. The Commission shall meet at least 10 times a year. A majority of the members of the Commission constitutes a quorum for the transaction of business. Any appointed member of the Commission who fails to attend 4 consecutive meetings without good cause as determined by the Mayor shall be deemed to have resigned.

The Commission is charged with the responsibility of assisting the Office of Aging and other units of City government in the coordination of an effective program of services to and opportunities for older individuals. In coordination and consultation with the Office, the Commission shall:review and propose improvements to existing City programs; research and recommend new programs; and evaluate current programs and proposed legislation to determine their impact on older individuals. The Commission shall routinely brief the Director on programs and policies concerning older individuals as reflected in:the Ordinance of Estimates; other ordinances; or administrative policies of the Office and other units of City government. As appropriate, the Commission shall hold hearing and undertake surveys and studies to:evaluate existing municipal programs for older individuals; and make recommendations for the improvement of existing municipal programs to the Director. The Commission shall:evaluate the methods by which information concerning available municipal programs for older individuals is disseminated; and recommend communication improvements to the Director. The Commission shall submit an annual report to the Mayor and City Council on its activities. Ord. 23-264

Upon the payment and full satisfaction of any loan heretofore or hereafter made by the Mayor and City Council of Baltimore for Off-Street Parking Projects, as authorized under <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(20)">Article II, § (20) of the City Charter</cite> and property is conveyed to the Mayor and City Council of Baltimore to secure the repayment of the same, the Mayor and City Council of Baltimore with the approval of the Board of Estimates of Baltimore City is hereby authorized and empowered to execute and deliver to the owner or owners a release, a conveyance, or reconveyance of the land with the improvements thereon so conveyed to the City of Baltimore to secure said loan. No deed or releases shall pass in accordance herewith unless the same shall first have been approved by the City Solicitor. City Code, 1966, art. 1, §69 1976/83, art. 1, §69 Ord. 57-941

The Planning Commission shall give to each member of the City Council in writing, delivered by mail or in person by the Friday preceding any Tuesday meeting, or by the 4<sup>th</sup> day preceding any other meeting, an agenda of all matters which the Planning Commission proposes to consider with respect to altering or amending the master plan of the City of Baltimore. City Code, 1966, art. 1, §70 1976/83, art. 1, §70 Ord. 64-211

The Department of Planning, with the approval of the City Council of Baltimore, may establish and impose charges for subdivision plans, as defined in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§76">Article VII, § 76 of the City Charter</cite>, submitted to the Planning Commission for examination and action by it, to defray the cost and expenses incident to said examination and action. Said charge shall be paid at the time a subdivision plan is first filed with the Department of Planning in the usual course of business. Payment may be made either in cash or by certified check made payable to the Director of Finance of Baltimore. Said charge shall not be refunded in whole or in part, under any circumstances. City Code, 1976/83, art. 1, §71 Ord. 70-876 Ord. 89-293

The Department of Public Works comprises the following Bureaus:Bureau of Solid Waste; and Bureau of Water and Wastewater. All of the rights, powers, duties, obligations, and functions previously conferred or imposed on these Bureaus and their Bureau Heads shall continue to be exercised and performed by these Bureaus and Bureau heads unless otherwise assigned or reassigned by law or as provided in this subtitle. City Code, 1976/83, art. 1, §142 Ord. 67-1091 Ord. 76-022 Ord. 79-1210 Ord. 15-435

The Director of Public Works is responsible for the proper conduct, management, and operation of the Bureaus established under this subtitle. All of the rights, powers, duties, obligations, and functions that are now or may subsequently be conferred or imposed on any of the Bureaus or Heads of Bureaus of the Department of Public Works shall be exercised and performed by the Bureaus or by their respective Heads subject to the control, direction, and supervision of the Director of Public Works. In the event of any duplication of authority or responsibility between any 2 or more Bureaus established under this subtitle, the Director of Public Works has the right and power to determine which 1 or more of the Bureaus involved will carry out the performance of that authority or responsibility. Subject to the authority of the Board of Estimates, the Director of Public Works has have the power and authority from time to time to assign and reassign among the Bureaus of the Department of Public Works the performance of any duties and the exercise of any powers that are imposed or conferred on the Department. Subject to the approval of Board of Estimates, the Director of Public Works has the power and authority from time to time to rename the various Bureaus of the Department. Subject to the limitations provided in Ordinance 15-435, Section 2 {“Transfer of powers from DPW to DHCD”}, all the authorities, powers, responsibilities, rights, and duties previously imposed or conferred on any former Bureau or Bureau Head of the Department of Public Works are imposed and conferred on the Director of Public Works, and, subject to the authority of the Board of Estimates, all those authorities, powers, responsibilities, rights, and duties may be delegated by the Director to whichever Bureau or Bureau Head in the Department that the Director directs. City Code, 1976/83, art. 1, §143 Ord. 67-1091 Ord. 68-152 Ord. 75-816 Ord. 79-1210 Ord. 99-526 Ord. 15-435 Ord. 15-435 repealed §§ 17-3 through 17-7, which described no-longer extant Bureaus, and renumbered § 17-8 to be § 17-3.

The Director of Public Works may designate the positions of Assistant Bureau Heads for each of the Bureaus of the Department of Public Works. All Bureau Heads and Assistant Bureau Heads shall be appointed by the Mayor in accordance with Charter Article IV, § 6. City Code, 1976/83, art. 1, §149 Ord. 67-1091 Ord. 79-1210 Ord. 15-435

There is hereby created the “Office of Disaster Control and Civil Defense” for Baltimore City. The function and duties of the Civil Defense Division of the Fire Department, as set forth in said Ordinance 63-042, are hereby transferred to the said new Office. City Code, 1976/83, art. 1, §150(a) Ord. 68-128

The Director of said Office initially shall be the same person who is, at the time of the passage of this ordinance, Director of the Civil Defense Division of the Fire Department; and also the same person appointed as Civil Defense Director of Baltimore City by the Governor, upon recommendation of the Mayor of said City, as provided by <cite data-doc="Md. Code" data-path="16A|7">Article 16A, § 7 of the Maryland Code</cite>. He shall have direct responsibility for the organization, administration, and operation of such Office, subject to the direction and control of the Mayor of Baltimore, under the general power of the Governor. Said Director shall be responsible for the organization, administration, and operation of a disaster control and civil defense program, which program shall include a Civil Defense Volunteer Corps. City Code, 1976/83, art. 1, §150(b) Ord. 68-128

The Director shall appoint such assistants, aides, and employees as may be necessary to carry out a disaster control and civil defense program and also the State Civil Defense Plans and Programs, such employees to be subject to the provisions of City classified service, as provided by Article VII, §§ <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§94">94</cite> through <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§104">104</cite> of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite><em>.</em> The personnel now employed by the Civil Defense Division of the Fire Department are hereby transferred to the Office of Disaster Control and Civil Defense of Baltimore City, without diminution or loss of any rights or privileges heretofore earned or obtained by them. Any additional employees of this Office who may be required in an expanded program shall be as provided in the annual Ordinance of Estimates or as provided by the Board of Estimates. City Code, 1976/83, art. 1, §150(c) Ord. 68-128

The Civil Defense Division of the Fire Department, on or about July 1, 1968, shall transfer to the Office of Disaster Control and Civil Defense any and all property which it now has in its custody or under its control used or usable in civil defense and disaster control work. Thereafter, the said Office:shall become the custodian thereof, charged with the responsibility of maintaining and keeping all such property in good order and repair; and shall keep such records of same as are required by law. Additional property or equipment required to carry out the purposes of this subtitle shall be obtained by said Office as provided in the annual Ordinance of Estimates or as approved by the Board of Estimates. City Code, 1976/83, art. 1, §150(d) Ord. 68-128

There is created the Office of Intergovernmental Research under a Director. It is the function of this Office to analyze the State and Federal legislative needs of the City and related matters and make recommendations thereon to the Mayor. City Code, 1976/83, art. 1, §182(a) Ord. 79-1208

The Director of the Office of Intergovernmental Research shall be chosen by the Mayor from a list of possibilities provided from time to time by the Civil Service Commission. The Director:shall serve during good behavior for a term not to exceed the term of the appointing authority; shall be subject to removal only after charges are preferred by the Mayor and a full hearing is had before the Civil Service Commission; and shall be discharged only upon proof of inefficiency, neglect of duty, or misconduct in office. The Director’s successor shall be chosen in the same manner. From time to time, as there is a vacancy, the Mayor shall choose and appoint the Director of the Office of Intergovernmental Research in the same manner. City Code, 1976/83, art. 1, §182(b) Ord. 79-1208

The Director of the Office of Intergovernmental Research shall be a person who has had responsible prior experience in:legislative analysis; and subjects relating generally to government, public policy, fiscal policy, law, or political science. The Director shall devote full time to performing and carrying out the duties and assignments of the Office of Intergovernmental Research, as set forth in this subtitle and as may otherwise be assigned. And subject to the provisions of this subtitle, the Director shall not hold any other municipal office or position or perform any of the duties or responsibilities conferred upon another municipal officer by Charter or ordinance. City Code, 1976/83, art. 1, §182(c) Ord. 79-1208

The Director of the Office of Intergovernmental Research is empowered to employ such personnel as may be deemed necessary in order to perform the duties and exercise the powers conferred by this subtitle upon the Office of Intergovernmental Research, and as may be provided from time to time in the Ordinance of Estimates. The Office of Intergovernmental Research shall be supplied with all necessary books, maps, charts, stationery, and all appliances and incidentals necessary for the proper discharge of its duties, to be paid from funds supplied in the Ordinance of Estimates. Every department, bureau, or other agency of the municipal government, upon request, shall provide reasonable assistance and information to the Office of Intergovernmental Research. City Code, 1976/83, art. 1, §182(d) Ord. 79-1208

There is a Baltimore City Commission for Women. The Commission comprises 19 voting members, to be appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. The Mayor may appoint 1 or more members of the Baltimore City Council or the Baltimore City delegation to the Maryland General Assembly as additional, non-voting members of the Commission. Notwithstanding subparagraph (i) of this paragraph, any female member of the City Council shall be an ex-officio, non-voting member of the Commission. The Mayor shall appoint a representative from the Baltimore City Office of Equity and Civil Rights or its successor agency to be a non-voting member of the Commission. The appointment of members must be made without regard to political affiliation. City Code, 1976/83, art. 1, §183(a) Ord. 83-955 Ord. 06-359 Ord. 18-119 Ord. 21-016

Members serve for a term of 4 years, concurrent with the terms of the Mayor and the City Council. At the end of a term, a member continues to serve until a successor is appointed and qualifies. The members of the Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. City Code, 1976/83, art. 1, §183(b), (c) Ord. 83-955 Ord. 99-526 Ord. 06-359 Ord. 16-503

The Mayor shall designate a member of the Commission to serve as its Chair. Members of the Commission may select any other officers they consider necessary or appropriate. The Chair may appoint committees to assist the Commission in carrying out its functions and duties. City Code, 1976/83, art. 1, §183(d) - (e) Ord. 83-955 Ord. 06-359

The Commission shall meet at the call of the Chair as frequently as required to perform its duties. A majority of the voting members of the Commission constitutes a quorum for the transaction of business. An affirmative vote by the majority of a quorum is needed for any official action. The Commission may adopt rules of procedure to govern its meetings and procedures. If any member is absent from regularly scheduled meetings more than 3 times in 1 year, not counting absences excused by the Chair:the member is considered to have resigned; and the Chair shall request that member’s appointing authority to fill the resultant vacancy. City Code, 1976/83, art. 1, §183(f) - (g) Ord. 83-955 Ord. 06-359 Ord. 18-119

The Commission may appoint a properly qualified person as Executive Director of the Commission. The Executive Director is entitled to a salary as provided in the Ordinance of Estimates. The Executive Director shall perform the duties that the Commission prescribes. The Executive Director may employ a staff as provided in the Ordinance of Estimates. Staff members shall be members of the classified service. The Commission may engage the services of volunteer workers and consultants, without salary, as it considers necessary from time to time. The Director may expend funds as authorized in the Ordinance of Estimates or in any supplemental appropriations. City Code, 1976/83, art. 1, §184 Ord. 83-955 Ord. 06-359

The Baltimore City Commission for Women shall undertake the activities described in this section. The Commission shall:develop an information and referral system for all services in the City related to women; and recommend other services when a need for them is determined. The Commission shall serve as the focus and forum for the identification and amelioration of the unique problems faced by women in our society and on any practice of discrimination or prejudice that exists because of gender. The Commission shall:conduct research, policy analysis, and public information and education programs and activities to assist in addressing the needs of women; and institute and conduct other programs, meetings, and conferences to promote equal rights and opportunities for all women. These programs and activities shall address the special needs of women related to race, age, national origin, religious preference, disability, sexual preference, physical characteristics, marital status, reproductive health, and economic status. The Commission shall:review and monitor the conditions of women in the workforce in Baltimore City; make recommendations promoting equal pay for work of equal value and equitable representation by women in all job levels; and direct attention to the problems facing women in the workforce. The Commission shall:advise and counsel the residents of Baltimore City, the City Council, the Mayor, and the various departments and agencies of the City, state, and federal governments on all matters involving women’s lives; and recommend programs and legislation it considers necessary and proper to promote and ensure equal rights, equal opportunities, and equal access to services for all persons regardless of gender. The Commission shall review and evaluate the impact of existing and proposed policies and programs and legislation affecting women. The Commission shall work to remove inequalities due to discrimination or prejudice on the basis of gender in housing, recreation, employment, education, community services, criminal justice, financing, credit, insurance, and related matters. The Commission shall monitor City government so as to ensure the equitable representation of women on all City boards and commissions. City Code, 1976/83, art. 1, §185 Ord. 83-955 Ord. 06-359

For the purposes of this subtitle, the following terms shall have the meanings listed below. An “area” shall mean an area consisting of more than 1 block. A “block” shall mean all of the properties on both sides of a given street existing between 2 consecutive intersecting streets. “Household” shall mean all persons occupying a single housing unit (i.e. <em>{sic}</em> house, apartment, group of rooms, or single room intended for occupancy as separate living quarters). “Neighborhood Block Watch block or area” shall mean a block or an area designated in an application filed pursuant to § 21-3 in which signs provided for in this subtitle may be erected. City Code, 1976/83, art. 1, §191 Ord. 82-696

The Mayor and City Council of Baltimore finds and declares that the threat, fear, and intimidation caused by the criminal element is one of the most compelling problems facing society today. Crime isolates people in their own homes, causing them to become suspicious of, and in some cases afraid of, their neighbors. And yet, law enforcement officials tell us that neighborhoods with little inter-residential communication are more vulnerable to crime than are those in which neighbors communicate and cooperate with each other on a regular basis. A new kind of anti-crime program starting to take hold in neighborhoods around the City seeks to promote communication and cooperation among neighbors as an effective countermeasure to crime. This subtitle sets up a program to install signs in those neighborhoods where a Neighborhood Block Watch Program is in effect. This subtitle should be liberally interpreted to achieve its anti-crime goals. City Code, 1976/83, art. 1, §190 Ord. 82-696 Ord. 04-672

There is established a Neighborhood Block Watch Sign Program to promote an anti-crime posture in neighborhoods and between the neighborhoods and City officials. The Program shall be available to all qualified residential blocks and areas of the City. In order to qualify for the Program, such blocks and areas shall meet the criteria set forth in this subtitle and any rules and regulations established by the Police Commissioner in consultation with the Director of Transportation and the Director of Finance under the requirements of this subtitle. This procedure shall be as follows:In order to be considered for the Neighborhood Block Watch Sign Program, a neighborhood group, group of residents, or community association shall submit an application through the Police Commissioner to the Director of Transportation indicating the collective desire of at least 60% of the households in the block or area to have signs placed. The boundary of the block and area within the Neighborhood Block Watch block or area shall be clearly identified on the application. Upon receipt of a valid application, the Police Commissioner, in consultation with the Director of Transportation, shall review the block or area identified and any other information required by the Police Commissioner necessary to the completion of the application. The Police Commissioner, in consultation with the Director of Transportation, shall approve or deny the application. When an application is denied, the Police Commissioner or his designee shall state the reasons for the denial. The Director of Transportation shall authorize the installation of Neighborhood Block Watch Signs in the block or area from which the application was approved. City Code, 1976/83, art. 1, §192 Ord. 82-696 Ord. 15-435

The neighborhood group, group of residents, or community association which has received approval for the installation of the Neighborhood Block Watch sign shall purchase signs approved by the Police Commissioner and all other material necessary to the installation of the signs. The signs shall be installed by the Department of Transportation. Any person(s) or organizations may volunteer to pay the fee. City Code, 1976/83, art. 1, §193 Ord. 82-696 Ord. 15-435

The Police Commissioner, in consultation with the Director of Transportation and the Director of Finance, shall promulgate rules necessary to carry out the provisions of this subtitle. The Police Commissioner shall also administer the program. City Code, 1976/83, art. 1, §194 Ord. 82-696 Ord. 15-435

In this subtitle, the following terms have the meanings indicated. “Children” means individuals under the age of 14 years. “Commission” means the Baltimore City Youth Commission. “Office” means the Office of Children and Family Success. “Task Force” means the Baltimore City Trauma-Informed Care Task Force. “Youth” means an individual between the ages of 14 and 25, inclusive. City Code, 1976/83, art. 1, §208 Ord. 86-781 Ord. 04-820 Ord. 07-431 Ord. 20-341

The purpose of this Part II is to allow youth the opportunity to provide advice, recommendations, and information for the Mayor, the City Council, and municipal agencies on the development of coordinated community and government policies, programs, and services that support children, youth, and their families. City Code, 1976/83, art. 1, §209 Ord. 86-781 Ord. 04-820

There is a Baltimore City Youth Commission. City Code, 1976/83, art. 1, §210 Ord. 86-781 Ord. 04-820

The Commission comprises 17 members . The members shall be appointed by the Mayor, in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>, as follows:1 youth from each of the 14 Council Districts, at least 1 of whom is not a graduate of or then enrolled in a traditional educational program; and 3 at-large youths recommended by the President of the City Council. Each member of the Commission must be a resident of Baltimore City. City Code, 1976/83, art. 1, §211(a)(1) - (3) Ord. 86-781 Ord. 04-820 Ord. 12-003

The term of a member expires at the end of the Mayor’s term. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member may only serve a maximum of 2 terms. The members of the Commission serve with compensation based on hours served, as provided in the Ordinance of Estimates. The Mayor shall designate a member to serve as Commission Chair. At the beginning of each term and after all members are appointed, the Commission Chair shall call a meeting of the Commission and the Commission shall elect members to serve as:Vice Chair; Treasurer; and Secretary. There is an Executive Committee in the Commission that comprises the following members:the Chair; the Vice Chair; the Treasurer; the Secretary; and an at-large member, who shall be elected by majority vote of the Commissioners at the Commission’s first meeting. The Executive Committee:may appoint Committees to assist the Commission in carrying out its functions and duties; and shall generally oversee the administration of the Commission. The Commission shall meet on the call of the Chair as frequently as required to perform its duties, but not less than 1 time each month. A majority of the members constitutes a quorum for the transaction of business. An affirmative vote of at least a majority of a quorum is needed for any official action. The Commission must adopt bylaws to govern its meetings and operations. The Commission must adopt bylaws within 60 days of electing the Executive Committee. The Commission must review, revise, and re-adopt the bylaws within 60 days of electing a new Executive Committee after the start of each new Mayoral term. The Office of Children and Family Success, or its successor, shall:provide staff to the Commission; and provide the personnel and capital support necessary for the Commission to perform its duties, as provided for in the Ordinance of Estimates. Subject to <cite data-path="|general|4">Title 4 {“Administrative Procedure Act - Regulations”}</cite> of the <cite data-path="|general">City General Provisions Article</cite>, the Commission may adopt rules and regulations to govern its meetings and operations. City Code, 1976/83, art. 1, §211(a)(4) - (9) Ord. 86-781 Ord. 99-526 Ord. 04-820 Ord. 16-503 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (e) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The Commission shall: create and deliver a year-end annual report on Commission activities to the Mayor and City Council; review resources available to children and youth and provide feedback regarding effectiveness to the respective resource administrator; host and participate in public forums with and about children and youth; advocate for resources for children and youth; make recommendations for programs, policies, procedures, or legislation deemed necessary to promote the well-being of children, youth, and their families; raise awareness of resources available to children, youth, and their families; and review and evaluate existing and proposed policies, programs, and legislation as they relate to the well-being of children, youth, and their families. City Code, 1976/83, art. 1, §211(b) Ord. 86-781 Ord. 04-820

All City officials and agencies shall cooperate with the Commission and extend the services and facilities that the Commission requires to the extent that the officials and agencies are able to do so given personnel and budgets as provided in the Ordinance of Estimates.

There is an Office of Children and Family Success in the Office of the Mayor. City Code, 1976/83, art. 1, §213 Ord. 86-781 Ord. 04-820 Ord. 20-341

The Director of the Office is appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. City Code, 1976/83, art. 1, §214 Ord. 86-781 Ord. 04-820

The Director shall: identify the needs of children and youth according to age, location, and special services required; identify public and private services available to children, youth, and families; identify changes in public policy, service delivery, and funding necessary to improve the services available to children, youth, and families; serve as a community voice for children and youth; develop and implement programs to benefit children and youth; provide staff and serve as advisor to the Commission; serve as ex-officio member and advisor to the Task Force; generally promote the well-being of all children and youth of Baltimore City; be represented on any other special committee or task force that considers matters relating to children and youth, and work with the various boards, commissions, and municipal agencies that interact with the Office as deemed appropriate; perform such other duties as required by the Mayor; and review proposed legislation referred to the Office by the City Council, assessing its probable effect on the physical, social, emotional, and intellectual welfare of the children of this City. City Code, 1976/83, art. 1, §215 Ord. 86-781 Ord. 91-663 Ord. 04-820 Ord. 20-341

The Office may employ staff in accordance with the Ordinance of Estimates. The Office may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. City Code, 1976/83, art. 1, §216 Ord. 86-781 Ord. 04-820

In addition to any other duties set forth in this subtitle, it is the duty of the Office to coordinate a citywide initiative to prioritize the trauma-responsive and trauma-informed delivery of city services impacting children, youth, and families. Ord. 20-341

There is a Baltimore City Trauma-Informed Care Task Force. Ord. 20-341

The Task Force comprises 37 members, 30 of whom are appointed by the Mayor under <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite> and 7 of whom are ex-officio members. Of the 30 members appointed by the Mayor:3 shall be youth representatives from a youth-led advocacy group in Baltimore City; 2 shall be individuals with at least one child enrolled in the Baltimore City Public School System; 1 shall be a licensed clinician with an expertise in trauma and healing; 2 shall be members of the research community with an expertise in trauma and healing; 1 shall be a representative of an organization with an explicit focus on racial equity in its organizational mission statement; 1 shall be an individual between 14 and 25 years of age; 1 shall be a individual licensed to practice in the State of Maryland as a physician with a specialty in pediatrics; 1 shall be a representative of an organization with an explicit focus on lesbian, gay, bisexual, transgender, and queer (LGBTQ) advocacy in its organizational mission statement; 1 shall be a naturalized citizen or a resident alien; 1 shall be an individual who has recently exited from the Maryland correctional system; 1 shall be an employee of the Baltimore City Public School System; 3 shall be representatives from community organizations, nonprofit organizations, or youth organizations that have an expertise in trauma and healing; 2 shall be educators within the Baltimore City Public School System; 2 shall be individuals licensed to practice in the State of Maryland as social workers; and 8 shall be recommended by the City Council President as follows:2 City Councilmembers as follows:1 Councilmember with experience as an educator within the Baltimore City Public School System, who shall serve as co-chair if appointed; and 1 Councilmember with experience as a parent of a student within the Baltimore City Public School System; 1 youth representative from a youth-led advocacy group in Baltimore City; 1 representative of an organization with an explicit focus on racial equity in its organizational mission statement; 1 licensed clinician with an expertise in trauma and healing; and 3 representatives from community organizations, nonprofit organizations, or youth-led or youth-oriented organizations that have an expertise in trauma and healing. The 7 ex-officio members of the Task Force are:the Director of the Office; the Commissioner of the Baltimore City Department of Health or the Commissioner’s designee; the Director of the Department of Planning or the Director’s designee; the Director of the Department of Recreation and Parks or the Director’s designee; the Commissioner of the Department of Housing and Community Development or the Commissioner’s designee; the City Council President; and the Youth Commission Chair. Ord. 20-341 Ord. 20-403

Appointed members serve for a term of 4 years concurrent with the term of the Mayor’s term of office. Members serve on the Task Force without compensation. At the end of a term, an appointed member serves until a successor is appointed and qualifies. A member who is appointed after a term has begun serves out the rest of the term and until a successor is appointed and qualifies. The Task Force shall meet on the call of one or both of the Task Force co-chairs as frequently as required to perform its duties, but not less than 6 times a year. A majority of the members of the Task Force constitutes a quorum for the transaction of business, and an affirmative vote by the majority of a quorum is sufficient for any official action. As provided in this subsection, the Task Force shall have 2 co-chairs designated. Except as provided in paragraph (3) of this subsection, the Mayor may designate any member of the Task Force to serve as 1 of the co-chairs. The City Council President shall designate the City Councilmember serving ex-officio under § 22-17(b)(15)(i)(A) as co-chair of the task force. Ord. 20-341 Ord. 20-403

The Office shall provide adequate staff for the Task Force to carry out its duties. Ord. 20-341

The Task Force shall: assist in the identification of all City programs and services that impact children and youth; assist in the development of a citywide strategy toward an organizational culture shift into a trauma-responsive City government; establish metrics, in collaboration with the Baltimore City Department of Health, to evaluate and assess the progress of the citywide trauma-informed care initiative; coordinate and develop with the Baltimore City Department of Health any formal or informal trauma-informed care training; disseminate information within City government regarding best practices for preventing and mitigating the impact of trauma on and facilitating healing with children, youth, and families; advise and assist the Mayor and City Council in providing oversight and accountability in implementing the requirements of this part; perform any other duties as required by the Mayor. Ord. 20-341

In this section, the following terms have the meanings indicated. “Agency” means:the Baltimore City Fire Department; the Baltimore City Parking Authority; the Baltimore Police Department; the Department of Finance; the Department of Law; the Department of Housing and Community Development; the Department of Planning; the Department of Public Works; the Department of Recreation and Parks; the Department of Transportation; the Environmental Control Board; the Enoch Pratt Free Library of Baltimore City; the Mayors Office of Criminal Justice; the Mayor’s Office of Employment Development; and the Mayor’s Office of Homeless Services. “Formal training” means a didactic course or curriculum in trauma-informed care that is:developed by the United States Department of Health and Human Services, Maryland Department of Health, or the Baltimore City Department of Health; and provided by the Baltimore City Department of Health or its designee in collaboration with the Task Force. Each Task Force member shall participate in at least 1 formal training each year. Subject to paragraphs (2) and (3) of this subsection, each agency head shall designate 2 agency staff members to:participate in at least 1 formal training each year; collaborate with other agency designees in periodic worksessions and other informal trainings as organized by the Baltimore City Department of Health from time to time; serve as the principal advisors to the agency head and agency staff in trauma-responsiveness and trauma-informed care; collaborate with the agency’s equity coordinator, as designated under <cite data-path="|1|§39-8">§ 39-8 {“Agency implementation – Equity Coordinator”} of this article</cite>, to ensure that the agency’s equity assessment program is trauma-informed and trauma-responsive; assess the agency for training and technical assistance needs related to trauma-responsiveness and trauma-informed care; and review and make appropriate recommendations to the agency head to align agency policies and practices with a trauma-intensive approach. Of the 2 agency staff members designated under paragraph (1) of this subsection:1 staff member shall be an individual who:has decision-making authority in developing City policy; or serves as a principal advisor to the agency head; and 1 staff member shall be an individual who, within the course of the individual’s City employment, routinely and directly interacts with community members. In the event of a vacancy of one or both of the staff members, the agency head shall, within 90 days of the vacancy, designate another staff member to carry out the duties of this subsection. The Baltimore City Department of Health shall provide any technical advisory support to designated agency staff in order for those individuals to carry out their duties under subsection (c)(1) of this section. The Department of Human Resources shall ensure compliance with the requirements of this section and report to the Task Force as necessary any difficulties regarding agency implementation. On or before March 31 of each year, each agency head shall submit to the Task Force a progress report detailing its agency’s progress and compliance with subsection (c) of this section. Ord. 20-341

On or before June 30 of each year, utilizing its established evaluation and assessment metrics and its expertise, the Task Force shall submit a report to the Mayor and City Council containing: an assessment of the implementation of trauma-informed care within each agency as defined in <cite data-path="|1|§22-21|(a)|(2)">§ 22-21(a)(2) of this subtitle</cite>; an assessment of the trauma-responsiveness of each agency as defined in <cite data-path="|1|§22-21|(a)|(2)">§ 22-21(a)(2) of this subtitle</cite>; and any recommendations regarding improvements to existing laws relating to children, youth, and families in Baltimore City. Ord. 20-341

As used in this subtitle, the following terms have the meanings indicated unless their context clearly indicates otherwise. “City” means the Mayor and City Council of Baltimore, the body corporate as established by <cite data-doc="City of Baltimore, Md., Charter">the Charter of Baltimore City</cite>. “Commission” means the Mayor’s Commission on Disabilities. Any other term used in this subtitle shall be defined as such terms are defined in the Americans with Disabilities Act of 1990, as amended, and the federal regulations promulgated pursuant thereto, as amended. City Code, 1976/83, art. 1, §242 Ord. 93-237 Ord. 22-125

It is the purpose of this Commission to: advise the City on the accessibility of City facilities, programs, and services for citizens with disabilities; assist the City to comply with the Americans with Disabilities Act of 1990; and assist the City in providing information and education programs to City government, businesses, and industries with regard to reasonable accommodations for employment and other issues concerning persons with disabilities. City Code, 1976/83, art. 1, §241 Ord. 93-237

There is a Mayor’s Commission on Disabilities. City Code, 1976/83, art. 1, §243 Ord. 93-237

The Commission consists of 23 members:a Mayor’s representative; a representative of the City Council; and 21 members appointed by the Mayor under <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite> as follows:9 persons with disabilities, not employed in the field of disabilities; 3 family members of persons with disabilities; and 9 representatives of business, industry, community organizations, non-profit organizations, and organizations representing persons with disabilities, at least 3 of whom are persons with disabilities. Of the members appointed under paragraph (1)(iii) of this subsection, at least 1 must be appointed from each of the 14 Council Districts. Each member appointed under paragraph (1)(iii)C of this subsection must work or reside in the City. One representative from each of the following agencies serves as a non-voting associate:Commission on Aging and Retirement Education. Health Department. Department of Recreation and Parks. Department of Planning. Department of Housing and Community Development. Department of Human Resources. Department of Transportation. Law Department. Community Relations Commission. Baltimore City Public School System. Office of Employment Development. Police Department. Department of Social Services. Fire Department. Department of Transportation. Enoch Pratt Free Library. Office of Emergency Management. City Code, 1976/83, art. 1, §244(a) - (d) Ord. 93-237 Ord. 97-141 Ord 04-822 Ord. 08-033 Ord. 15-435

Members serve for a term of 4 years concurrent with the Mayor’s term of office. Members and associates serve without compensation. At the end of a term, an appointed member serves until a successor is appointed and qualifies. A member who is appointed after a term has begun serves out the rest of the term and until a successor is appointed and qualifies. The Commission shall meet on the call of the Mayor or its Chair as frequently as required to perform its duties, but not less than 6 times a year. A majority of the members of the Commission constitutes a quorum for the transaction of business, and an affirmative vote by the majority of a quorum is sufficient for any official action. The Commission may adopt rules to govern its meetings and operations. Any member who is absent from more than 25% of the scheduled regular meetings, not counting absences excused by the Chair, during any 6-month period, shall be considered by the Mayor to have resigned and shall be so notified by the Commission. The Mayor shall designate an appointed member, representing the membership category identified in § 23-4(a)(3)(i), as Chair of the Commission. The Chair may select other officers. The Chair of the Commission may appoint committees to carry out the functions and duties of the Commission. Representatives of state agencies and other organizations that serve the interests of the disabled in Baltimore City may be invited by the Commission to participate in Commission meetings. City Code, 1976/83, art. 1, §244(e) - (m) Ord. 93-237 Ord. 97-141 Ord. 99-526

The Commission shall: assist in the development of a transition plan for the City of Baltimore to address community access to facilities, open spaces, and communications, and advise the Mayor on the implementation of the plan by January 26, 1995; assist in the identification and evaluation of all City programs and services that impact the major life activities of persons with disabilities; recommend modification of services or new services for persons with disabilities; research, assemble, analyze and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs of persons with disabilities; work to eliminate discrimination of persons with disabilities; in consultation with the Division of Occupational Medicine and the Community Relations Commission, institute and conduct educational programs, meetings, and conferences designed to promote equal rights and opportunities for persons with disabilities; cooperate with interested citizens, general community, business, professional, technical, educational, and civic organizations in furthering the interests of persons with disabilities; work jointly with other jurisdictions on conducting similar activities; work to remove inequalities due to unmet needs or discrimination on the basis of disability in the areas of housing, recreation, employment, education, community services, and related matters; cooperate and collaborate with all municipal agencies, including the Division of Occupational Medicine and the Community Relations Commission, to avoid duplication of efforts; provide information to the residents of the City, the Mayor’s Office, the City Council, and various offices of the city, state, and federal government on matters involving the needs of persons with disabilities; recommend programs or legislation as necessary to promote and insure equal rights and opportunities for all persons with disabilities; work to assure that information and referral needs are met and that information about City programs is disseminated; hold a public forum at least yearly to give persons with disabilities an opportunity to voice their concerns; work to assure the development of an effective delivery system of public, private, and consumer resources to all persons with disabilities; assist the Director of the Commission with regard to inquiries, complaints, and other problems with City services for persons with disabilities; assist in the coordination of state and federal programs and services available to the City, business, and industry; and provide other advice as requested by the Mayor, City Council, and municipal agencies. City Code, 1976/83, art. 1, §245 Ord. 93-237

In consultation with the Commission, the Mayor shall appoint a Director of the Commission in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. The Director shall perform duties as required by the Mayor to carry out the provisions of this subtitle. Staff may be employed in accordance with the Ordinance of Estimates. The Director may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. City Code, 1976/83, art. 1, §246 Ord. 93-237

The Commission shall submit an annual report to the Mayor and City Council within 2 months of the end of the fiscal year. The Commission shall submit reports on specific subjects at the request of the Mayor, City Council, or municipal agencies. City Code, 1976/83, art. 1, §247 Ord. 93-237

A person shall be considered homeless if:the person has no present possessory interest in a living accommodation and lacks the means necessary to obtain such interest; or the person has a possessory interest in a living accommodation but:the person is unable to secure entry to that accommodation; or occupation of the accommodation would likely lead to violence from another occupant. Adequate shelter is that which to a reasonable degree maintains, protects, and supports human health, is accessible, safe, and sanitary, and has an atmosphere of reasonable dignity. City Code, 1976/83, art. 1, §§249, 250 Ord. 94-327

In the interest of preventing human suffering and reducing the costs of providing medical care and police protection, and in recognition of the need of all persons to adequate overnight shelter, it is the public policy of the City of Baltimore to assist the private sector in providing adequate overnight shelter and services for all homeless persons in Baltimore requesting such shelter and willing to abide by reasonable regulations governing the use of shelter facilities. City Code, 1976/83, art. 1, §248 Ord. 94-327

On or before October 31 of each year, the Office of Homeless Services shall publish an assessment of: the number of homeless persons in the City who desire overnight shelter; and current shelter availability and adequacy. City Code, 1976/83, art. 1, §251 Ord. 94-327 Ord. 02-309

There is a Confiscated Assets for Neighborhoods Grant Program in the Mayor’s Office of Criminal Justice. The purpose of the Grant Program is to fund community-based safety initiatives. Ord. 09-101

Funding for the Grants Program shall derive from a portion of all money confiscated by the Police Department and forfeited to the Mayor and City Council of Baltimore, as appropriated in the Ordinance of Estimates. Each year, this funding shall be allocated among the various police districts, prorated generally according to the percentage that money confiscated from a district in the preceding year bears to all money confiscated Citywide in that year. Ord. 09-101

Any established neighborhood association or other community-based organization active within a police district may apply for a grant from the funds allocated to that district. The application shall contain the information and be in the form that the Mayor’s Office of Criminal Justice requires. Ord. 09-101

Each application for available grant money in a police district shall be referred for review and recommendation to that district’s community relations council. The community relations council shall submit its recommendations to the Mayor’s Office of Criminal Justice. Ord. 09-101

The Mayor’s Office of Criminal Justice shall make all decisions approving or disapproving an application and, making a grant, may impose any limitations or conditions that it considers necessary or appropriate. All decisions of the Office under this subtitle are final and non-appealable. Ord. 09-101

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Mayor’s Office of Criminal Justice shall adopt rules and regulations to carry out this subtitle and the grant program established under it. Among other things, these rules and regulations may further define:words or phrases used in this subtitle; qualifications for grant applicants; procedures for awarding grants; and procedures for monitoring the use of grant funds. Ord. 09-101 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

As used in this subtitle, the following terms have the meanings indicated unless their context clearly indicates otherwise. “City” means the Mayor and City Council of Baltimore, the body corporate as established by <cite data-doc="City of Baltimore, Md., Charter">the Charter of Baltimore City</cite>. “Task Force” means the Mayor’s Task Force on Community Collaboration to Overcome Violence. “Violence” means:the harmful use of physical or emotional force by an individual or group against another; also the creation and/or maintenance of conditions that degrade individuals, families, groups, or communities. City Code, 1976/83, art. 1, §280 Ord. 95-615 Ord. 22-125

It is the purpose of this subtitle to: review and understand the issue of individual, family, community, criminal, and societal violence in Baltimore City; examine the causes of violence; consider methods to prevent the different types of violence; establish systems to deliver existing social, governmental, and economic resources to relieve conditions that may lead to violence; provide information, education, and assistance to communities, businesses, and government about programs that prevent violence; and generally address the need to develop the well being of the citizens of Baltimore City in order to eliminate violence as a means of conflict resolution. City Code, 1976/83, art. 1, §279 Ord. 95-615

There is a Mayor’s Task Force on Community Collaboration to Overcome Violence. City Code, 1976/83, art. 1, §281 Ord. 95-615

The Task Force shall consist of 27 members. 16 members shall be appointed by the Mayor pursuant to <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>:3 members shall be non-profit or public community social workers; 1 member shall be a representative of a community organization; 1 member shall be a representative of the business community; 1 member shall be a senior citizen; 1 member shall be a community psychiatric nurse, nurse practitioner, or a physician; 1 member shall be a public assistance client; 1 member shall be a victim of violence; 1 member shall be a family member of a victim of violent crime; 1 member shall be an ex-offender; 1 member shall be a community public school teacher; 1 representative from the Interdenominational Ministerial Alliance; and 3 other representatives from the Baltimore City religious community. Representatives from the following City agencies shall serve as members of the Task Force who shall serve ex officio:a Mayor’s representative; a representative of the City Council; Police Department –– a community relations officer; Health Commissioner or representative designated by the Commissioner; Commission on Aging and Retirement Education; Baltimore Development Corporation; Office of Employment Development; Department of Planning; Department of Housing and Community Development; Department of Human Resources; Law Department; Community Relations Commission; Department of Education; a representative from the Mayor’s Interagency Task Force on Youth Violence Prevention; and a representative from the Baltimore City Department of Social Services. Of the members appointed under subsection (b), 1 shall be appointed from each of the 6 Councilmanic districts. Members appointed by the Mayor shall be residents of Baltimore City. City Code, 1976/83, art. 1, §282(a) - (c) Ord. 95-615 Ord. 04-822

Members shall serve for a 4-year term concurrent with the Mayor’s term of office. Members shall serve without compensation. At the end of a term an appointed member serves until a successor is appointed. A member who is appointed after a term has begun serves out the rest of the term and until a successor is appointed and qualifies. The Task Force shall meet on the call of the Mayor or Chair as frequently as required to perform its duties, but not less than 6 times each year. A majority of the members of the Task Force shall constitute a quorum for the transaction of business, and an affirmative vote by the majority of a quorum shall be sufficient for any official action. The Task Force may adopt rules to govern its meetings and operations, which shall be filed with the Department of Legislative Reference. Any member who is absent from more than 25% of the scheduled regular meetings, not counting absences excused by the chair, during any 6-month period, shall be considered by the Mayor to have resigned. The Mayor shall designate an appointed member as Chair of the Task Force. The Task Force may select other officers. The Chair of the Task Force may appoint committees to carry out the functions and duties of the Task Force. Representatives of State and federal agencies and other organizations that serve the interests of the disabled in Baltimore City shall be invited by the Task Force to participate in its meetings City Code, 1976/83, art. 1, §282(d) - (l) Ord. 95-615 Ord. 04-672

The Task Force shall: review and understand the issue of individual, family, community, criminal, and societal violence in Baltimore City; examine the causes of violence; consider methods to prevent the different types of violence; recommend systems to deliver existing social, governmental, and economic resources to relieve conditions that may lead to violence; provide information, education, and assistance to communities, businesses, government, and industries about programs that prevent violence; assist in the identification, establishment, and evaluation of all City programs and services that affect violence prevention; recommend modification of services or new services for the prevention of situations that could lead to violence; cooperate with interested citizens, general community, business, professional, technical, educational, and civic organizations in furthering the violence prevention programs; coordinate with other jurisdictions on sharing violence prevention strategies and information; cooperate and collaborate with all municipal agencies, including the Division of Occupational Safety in the Department of Finance and the Community Relations Commission, to avoid duplication of efforts; compile and provide information to the residents, community organizations, and businesses of the City, the Mayor’s Office, the City Council, and various offices of the City, State, and federal government on matters involving methods and strategies for recognizing and preventing violence; recommend to the Mayor, City, State, and federal programs or legislation to promote violence prevention as a means of conflict resolution; work to assure that information and referral needs are met and that information about City programs is disseminated; hold a public forum at least yearly to give communities an opportunity to voice their concerns regarding violence and the effectiveness of violence prevention programs and to make recommendations to the Task Force; assist in the coordination of State and federal programs and services available to the City, business, and industry to prevent violence; coordinate economic development opportunities that may be available for those citizens and communities in need of violence prevention; develop an information program for the media to disseminate practices, methods, and procedures to be followed to avoid violence; and generally assist in the development of the well being of the citizens of Baltimore City in order to eliminate violence as a means of conflict resolution. City Code, 1976/83, art. 1, §283 Ord. 95-615 Ord. 04-672 Ord. 04-822

Staff may be employed in accordance with the Ordinance of Estimates. The Task Force may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. City Code, 1976/83, art. 1, §284 Ord. 95-615

The Task Force shall submit an annual report to the Mayor and City Council within 2 months of the end of the fiscal year. The Task Force shall submit reports on specific subjects regarding violence at the request of the Mayor, City Council, or municipal agencies. A copy of all reports shall be filed with the Department of Legislative Reference. City Code, 1976/83, art. 1, §285 Ord. 95-615

It is declared to be the policy of the Mayor and City Council of Baltimore, within the limits hereinafter prescribed, to compensate certain private citizens or, in case of death, certain survivors, where injury, property damage, or death result from assisting in law enforcement activities. City Code, 1976/83, art. 1, §140(a) Ord. 67-1126

The Board of Estimates is hereby authorized and empowered in its discretion to make an award for the death of or injury to any private citizen which has been directly caused:while such person is assisting or coming to the aid of a member of the Police Department of Baltimore City while making an arrest or otherwise engaged in enforcing the laws, ordinances, or regulations of the State of Maryland or the City of Baltimore; or while such private citizen:is attempting to prevent the commission of a crime; or is in fresh pursuit of one who has committed a crime. In deciding on the making of an award in the circumstances above outlined, the Board of Estimates shall have the sole discretion to determine:the amount of the award; to whom it shall be payable in the event that the said citizen suffer death as a result of his intervention; and in the event that such private citizen is not acting in aid of a police officer:whether the crime sought to be prevented was actually occurring and was of such nature as to warrant the intervention of a private citizen; or whether a crime had occurred and was of such a nature as to warrant pursuit by a private citizen. The award herein authorized may be paid from the Contingent Fund of the Board. The term “private citizen” as used herein shall not include a paid guard or other security officer while engaged in the protection of property or persons he is employed to guard. City Code, 1976/83, art. 1, §140(b) Ord. 67-1126

Such sum as may be awarded:shall be granted by the Board of Estimates as a matter of grace and not as a matter of right; and shall be such compensation as the Board in its judgment deems to be right and proper under the circumstances, subject to the following limitations. In the case of personal injury, the award shall be limited:to the injured person’s medical, hospital, and other such expenses; and to his loss of net earning or take-home pay, if any, during the time he is unable to work as a direct result of such injuries. If such person received workmen’s compensation or other insurance payments as a result of such injuries, the award shall be reduced by the amount of such payments. If such person is unemployed and not receiving unemployment insurance at the time of such injuries, the Board in its discretion may award him a sum not exceeding $1,000. In the case of property damage, the award shall be limited to the actual value of the property damaged. In the case of the death of such person, the award shall be to:the surviving spouse; dependent child or children under the age of 18; the person responsible for payment of funeral expenses of the deceased citizen; other dependents or relatives of such deceased citizen to whom he at the time of death was contributing at least 50% financial support; or any combination of the above in the discretion of the Board. Such award may be a lump sum payment in the discretion of the Board or in its discretion may be made in periodic payments not exceeding the amount of such person’s net or take-home wages, salary, or other earned income at the time of such occurrence, or the amount of the special death benefits payable upon the death of a beginning or 1<sup>st</sup> -year patrolman of the Baltimore City Police Department, as provided, and in the manner provided in <cite data-path="|22|§34|(i)">Article 22, § 34(i)</cite> of the City Code, whichever is less. The Board shall retain continuing jurisdiction over each such case and may change the amount of the periodic payments or stop them altogether at any time, in its best judgment. City Code, 1976/83, art. 1, §140(c) Ord. 67-1126

Petitions for such award may be made informally to the Board by a written statement of the circumstances surrounding the incident giving rise to the claim. Such petition for compensation shall be filed with the Board within 1 year of the date of the personal injury, property damage, or death. Upon receiving a claim filed under the provisions of this section, the Board shall refer such claim to the Law Department for full investigation and prompt report to the Board. In the discretion of the Board, a hearing may or may not be held and a payment may be made within the above limits without a hearing. Such payment being a matter of grace and not of right, no appeal shall lie from and no further proceedings shall be had after the decision of the Board in a given case. City Code, 1976/83, art. 1, §140(d) Ord. 67-1126

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board of Estimates may adopt and from time to time change reasonable rules and regulations for the administration of this section which are not in conflict with the intent and specific wording hereof. City Code, 1976/83, art. 1, §140(e) Ord. 67-1126 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Before any payment is made under this subtitle, the claimant: shall execute and deliver to the City an instrument, in such form as may be approved by the City Solicitor, assigning to the City all rights and claims which he may have against third persons as a result of the occurrence for which the claim is being made, up to the amount of the City’s award to such claimant; and shall fully release the City from all claims and liabilities of any kind whatsoever arising out of such occurrence, on a form approved by the City Solicitor. City Code, 1976/83, art. 1, §140(f) Ord. 67-1126

In the event that the State enacts legislation on the same general subject covered by this subtitle, the amounts authorized hereunder shall be reduced by the amount of any benefit paid or payable under such State law. City Code, 1976/83, art. 1, §140(g) Ord. 67-1126

In this subtitle, the following words have the meanings indicated. “Authority” means the Child First Authority. “Board” means the Board of Directors of the Authority. “Executive Director” means the Executive Director of the Authority. City Code, 1976/83, art. 1, §286 Ord. 96-076

There is a Child First Authority. The purpose of the Authority is to enhance the development of children in Baltimore City by providing recreational, cultural, academic, and other enrichment programs for children in approximately 40 schools in the City during an extended school day. City Code, 1976/83, art. 1, §287 Ord. 96-076

The powers of the Authority shall be broadly interpreted to allow the Authority to achieve the purposes of <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(64)">Article II, § (64) of the City Charter</cite> and this subtitle. In addition to any other powers specified in this subtitle, the Authority may:acquire, lease, or hold both real and personal property for the purposes of the Authority; engage the services of an Executive Director, which may be an individual or an entity, to administer the programs and undertakings of the Authority; sue and be sued; accept grants and other revenue from individuals and public or private foundations, agencies, organizations, and entities necessary or beneficial to carry out the purposes of the Authority; borrow funds for purposes consistent with the public purposes of the Authority; incur limited-obligation debt that shall be an obligation solely of the Authority; create and enter into partnerships and contracts with the Baltimore City Public Schools to provide services and benefits in exchange for payments in cash or in kind or without charge; contract for and purchase goods and services without being subject to approval by the Board of Estimates, but subject to the provisions of <cite data-path="|5">Article 5</cite> of the City Code governing the prevailing wage and governing City policy on encouraging and achieving goals for Minority and Women’s Business Enterprises’ participation in the contracting activities of the Authority; implement the programs and goals of the Authority directly through employees, or through 1 or more contracts, which contracts may be with independent contractors or contractual employees; appoint, hire, or engage such auditors, accountants, attorneys, assistants, aides, employees, and advisors as it deems necessary and consistent with this subtitle; and do all other things necessary or convenient to carry out the purposes and powers of the Authority. To the extent not specifically made subject to laws and procedures that would otherwise apply to any unit of the City government, the Authority is exempt from those laws and procedures. However, if the Authority is given direct City funding, the receipt and expenditure of those funds are subject to the powers and authority of the Board of Estimates. City Code, 1976/83, art. 1, §288 Ord. 96-076 Ord. 19-334

The Authority may not:be or constitute or be deemed an agency of the Mayor and City Council of Baltimore or the State of Maryland, and its officers and employees may not act as agents or employees of the Mayor and City Council of Baltimore or the State of Maryland; exercise any power specifically withheld by the terms of the Charter or this subtitle; exercise any police powers other than those expressly authorized by state or local law; pledge the full faith and credit of the City or otherwise obligate the City to any debt, obligation, or contract; have any taxing authority; or exercise the power of eminent domain. The Authority shall indemnify and hold harmless the Mayor and City Council of Baltimore and its officers, agents, and employees against all acts, conditions, damages, suits, claims, and liabilities arising out of or in connection with any activities of the Authority or of its board, executive director, officers, agents, or employees. City Code, 1976/83, art. 1, §289 Ord. 96-076

The Authority shall be governed and administered by its Board of Directors. The Board members shall be appointed and serve the terms prescribed by the Authority’s Bylaws. The Board shall adopt, and may amend from time to time, Bylaws, not inconsistent with the Charter or this subtitle, for the administration of the Authority. Except as may be restricted by the Charter or this subtitle, the Board may adopt rules and regulations to carry out this subtitle. The Bylaws shall provide for officers of the Authority, including a president, vice-president, treasurer, secretary, and any other officers deemed necessary or appropriate, and shall specify their qualifications, terms, and duties. The Board shall select from among its members individuals to serve as officers of the Board and may delegate to those officers the responsibilities the Board deems appropriate. All powers of the Authority shall be exercised by the Board, unless delegated by the Board to 1 or more of the officers or to the Executive Director. City Code, 1976/83, art. 1, §290 Ord. 96-076 Ord. 19-334

The Executive Director may exercise the powers granted to the Authority under this subtitle. However, the Board shall retain final discretion and power with regard to all substantive agreements, contracts, and other arrangements binding on the Authority. The Executive Director shall:be responsible for the day-to-day operations of the Authority and its employees and contractors; prepare the financial plan for review and approval by the Board; implement the approved financial plan and arrange for the collection and disbursement of all charges, fees, and revenues of the Authority; establish procedures and processes necessary to perform the functions called for under the financial plan and the budget; hire and retain the employees, agents, and contractors needed to perform the functions of the Executive Director, subject to the requirements of <cite data-path="|1|§28-3|(b)|(8)">§ 28-3(b)(8) of this subtitle</cite>; be the agent of the Authority; and have such further rights, powers, and authority as granted by the Board. Any limitations on the powers and authority of the Board shall apply as well to the Executive Director in performing the functions charged to the Executive Director by this subtitle or by the Board. City Code, 1976/83, art. 1, §292 Ord. 96-076 Ord. 19-334

On or before January 31 of each odd-numbered year, the Baltimore City Department of Health shall present to the City Council a comprehensive violence prevention strategy plan for the subsequent 2 years. The Baltimore City Department of Health shall coordinate and develop the plan in direct consultation with:the Baltimore City Department of Housing and Community Development; the Baltimore City Department of Public Works; the Baltimore City Department of Recreation and Parks; the Baltimore City Department of Social Services; the Baltimore City Department of Transportation; the Baltimore City Fire Department; the Baltimore City Police Department; the Baltimore City Public School System; the Baltimore City State’s Attorney’s Office; the Governor’s Office of Crime Control and Prevention; the Housing Authority of Baltimore City; the Mayor’s Office of Children and Family Success; the Mayor’s Office of Emergency Management; the Mayor’s Office of Homeless Services; and the State Department of Juvenile Services. Only the entities listed in paragraph (1) of this subsection that are municipal agencies as defined in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§2|(j)">City Charter Article I, § 2(j)</cite> {“Definitions: Municipal agency”} are required to assist and participate with the Baltimore City Department of Health in this endeavor. The plan required by this section shall focus on the social determinative outcomes of health, as described by the Centers for Disease Control and Prevention, by:analyzing available City data regarding criminal justice, health, education, public works, transportation, housing, lead paint, drug overdoses, and any other relevant dataset; outlining public health and safety strategies, including setting goals for prevention, intervention, enforcement, rehabilitation, and re-entry; setting forth holistic, non-policing efforts aimed at violence prevention; establishing goals, priorities, and standards for the prevention of violence, the reduction of harm, the remediation of trauma, and the overall improvement of health disparities within Baltimore City; and utilizing any other data, metric, or methodology that the Department of Health believes to be within the best practices for the prevention of violence, the reduction of harm, the remediation of trauma, and the overall improvement of health disparities within Baltimore City. After the initial plan, each subsequent plan under this section must include an analysis, utilizing qualitative and quantitative data, of the specific strategies outlined in the previous plan in order to assess the effectiveness of those strategies. The plan required by this section shall be posted prominently for public comment on the City’s website for no less than 30 days prior to its submission to the City Council. After the public comment period has concluded and prior to submission to the City Council, the Baltimore City Department of Health may amend or revise its plan to:reflect the public comments received; or include updated data. Any comments received shall be included with the plan on its submission to the City Council. No later than January 31 of each even-numbered year, the Baltimore City Department of Health shall submit to the Mayor and City Council an interim progress report detailing the progress of the plan submitted in the previous year, including:an analysis, assessment, and, if necessary, re-evaluation of any relevant data, strategies, and priorities from the previous year; and any public education or engagement measures taken or to be taken based on that data to assist in the prevention of violence, the reduction of harm, the remediation of trauma, and the overall improvement of health disparities within Baltimore City. Ord. 20-364B Ord. 22-124

In this subtitle, the following terms have the meanings indicated. “Cadet” means a participant in the Public Safety Apprenticeship Program who:has been hired into a specialized training program aimed at introducing young adults to public safety careers; and is at least 18 but no more than 21 years old. “Department” means the Baltimore City Fire Department. “Explorer” means a participant in the Public Safety Apprenticeship Program who is:a Baltimore City resident; enrolled in a public, public charter, private, or parochial school within Baltimore City; and at least 11 but no more than 18 years old. “Public safety agency” means the following:Baltimore City Fire Department; Baltimore City Police Department; Baltimore City Office of Emergency Management; Baltimore City Sheriff’s Office; and Baltimore City School Police. “Public Safety Apprenticeship Program” or “Program” means a program for recruiting, mentoring, training, and hiring a new generation of Baltimore City youth and young adults to prepare them for careers in law enforcement, fire suppression, emergency medical services, and emergency management. “Public Safety Cadet Post” or “Cadet Post” means the branch of the Program that engages participants who are at least 18 but no more than 21 years old. “Public Safety Explorer Post” or “Explorer Post” means the branch of the Program that engages participants who are at least 11 but no more than 18 years old. “Public safety internship” means an 8 to 10 week paid summer internship in a Baltimore City public safety agency for participants in the Program who are at least 14 but no more than 18 years old.

There is a Public Safety Apprenticeship Program in Baltimore City, consisting of:the Public Safety Explorers Post; and the Public Safety Cadet Post. The Program shall be staffed with a reasonable number of uniformed and non-uniformed personnel who are full-time members of a public safety agency. By January 1, 2023, each participating public safety agency shall develop and implement their own local Public Safety Explorers Post. The goals and objectives of the Explorers Post are to:expose youth in Baltimore City to public safety careers; serve as a local recruitment tool for future men and women in public safety professions; build better community relations efforts in Baltimore City between public safety agencies, youth, and the community; utilize active personnel within each of Baltimore City’s public safety agencies to serve as recruiters, mentors, and trainers; and develop programming that builds character, develops leadership skills, and fosters an appreciation for community service and good citizenship. In order to be eligible to participate in the Explorers Post, an individual shall:have approval from the individual’s parent or guardian; be at least 11 but no more than 18 years old; be a Baltimore City resident; be enrolled in a Baltimore City-based public, public charter, private, or parochial school; and be able to safely perform the duties of an explorer without posing a threat to the health and safety of themselves or others. The public safety internship will provide youth who are current participants in the Program with the opportunity to take part in an 8 to 10 week paid summer internship with a public safety agency. In order to be eligible for a public safety internship under the Program, an individual shall:be at least 14 but no more than 18 years old; have attended a reasonable number of Explorer Post Activities as determined by the host agency within the fiscal year immediately preceding the application period; be enrolled in a Baltimore City-based public, public charter, private, or parochial school; at the time of entry into the Program, have and maintain a minimum of a “C” average in school; be able to safely perform the duties of an explorer without posing a threat to the health and safety of themselves or others. complete all documentation required by the Department; and participate in a formal interview process with representatives from public safety agencies. Each participating public safety agency shall develop and implement their own specialized curriculum of modules that expose public safety internship participants to the various uniformed and non-uniformed career paths with the public safety agency. The Public Safety Cadet Post shall provide eligible individuals who are participants in the Program with the opportunity to:be hired by a public safety agency in the career track of the participant’s choice; and receive on-the-job training and skills development for a period of not more than 3 years. In order to be eligible to participate in the Public Safety Cadet Post, an individual shall:be at least 18 years old but no more than 21 years old; and meet all of the hiring requirements in accordance with:the Baltimore City Administrative Manual; and the rules and regulations governing the public safety agency chosen by the cadet. Beginning in fiscal year 2023, the Cadet Post shall use a phased-in approach to hire a minimum number of young adults to serve in the law enforcement career track or the fire and emergency medical services career track in the following sequence:in fiscal year 2023:10 Emergency Medical Technician (“EMT”)/firefighter cadets; and 10 police cadets; in fiscal year 2024:15 EMT/firefighter cadets; and 15 police cadets in fiscal year 2025:20 EMT/firefighter cadets; and 20 police cadets; in fiscal year 2026:25 EMT/firefighter cadets; and 25 police cadets; and beginning in fiscal year 2027, if funding is available, each agency shall continue to hire a minimum of 25 cadets in each career track. Fire Department cadet duties shall include:completion of all Baltimore City Fire Academy training modules and certifications; an academy and field operations training rotation lasting 18 months; and all administrative functions that fall into this classification of work as prescribed by the public safety agency. Law enforcement cadet duties shall include:maintaining and filing records; operating office computers and machines; answering telephones; entering and indexing official documents; preparing routine reports; preparing and tabulating facts and figures for statistical purposes; and all other administrative functions that do not require law enforcement authority.

Program funding shall be subject to an appropriation of funds in accordance with <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. An appropriate allocation of funds may be provided for miscellaneous costs associated with the public safety internship, including transportation fees for participants.

Subject to the availability of funds, on or before July 1, 2023, individuals hired to participate in the 8 to 10 week public safety internship shall be paid an amount determined by the Board of Estimates. Subject to the availability of funds, individuals selected to participate in the Cadet Post shall receive a benefits and compensation package as determined by the Board of Estimates.

On or before June 30 of each year, the Department shall report to the Mayor and City Council of Baltimore the following information regarding the Public Safety Apprenticeship Program:the number and location of recruitment and outreach events that the Program hosted and participated in; the number of active youth and young adults who participated in at least 60% of the activities hosted by the Explorers Post broken down by sex, age, race, and ethnicity; the curriculum, modules, and other learning materials that were used for programming to build character, develop leadership, and develop an appreciation for community service and good citizenship; the number of youth and young adults selected to participate in the public safety internship broken down by sex, age, race, and ethnicity; and the number of youth and young adults hired into the Public Safety Cadet Post broken down by sex, age, race, and ethnicity. The information required under paragraph (1) of this subsection:may not include participants’ names; and shall be disaggregated by race and gender. On or before June 30 of each year, the Department shall report the to the Mayor and City Council of Baltimore the following information from the previous fiscal year:the total amount of funds that were appropriated to the Public Safety Apprenticeship Program; the remaining balance of unused funds that were appropriated to the Public Safety Explorers Post; the administrative, operational, and programming costs associated with the public safety internship; the administrative, personnel, and training costs associated with the Public Safety Cadet Post; and the personnel cost to staff the Public Safety Apprenticeship Program with uniformed personnel. On or before June 30 of each year, the Baltimore City Fire Department shall publish copies of the reports described in this section on the Department’s website. Ord. 22-147

The Board of Estimates is hereby authorized and empowered in its discretion, upon proper application by retired policemen and firemen of the City of Baltimore, in cases where such retirement has been occasioned by disabilities sustained in the line of duty, to provide for continuing medical treatment of such retirees. Such treatment may be provided at such place or places as the Board may authorize; or in lieu thereof the Board may make a payment to such retiree, payable during disability or in a lump sum, in its discretion; or the Board may provide both medical treatment and a sum of money if the circumstances of a particular case require it. City Code, 1976/83, art. 1, §138(a)(1st par.) Ord. 70-885

After having passed upon a case in first instance, the Board may delegate to the retiree’s former department or to a suitable department or agency of the City the implementation of its award and the question of whether or not such award is to be permanent or temporary in nature. In each case, however:the Board retains jurisdiction and responsibility for the execution of this subtitle in accordance with its declared intent; and any decision by a subordinate official or agency may be informally appealed or brought before the Board for review. City Code, 1976/83, art. 1, §138(a)(2nd par.) Ord. 70-885

The Board is authorized and empowered to promulgate and adopt suitable rules and regulations for the implementation of this section. Such rules shall provide generally for:the determination of what medical treatment is required in a particular case; the approximate amount to be allowed; where such retirees should be treated, if at all, and by whom, using City facilities and personnel where practicable; and whether a sum of money should be payable in lieu of medical services or in addition thereto. City Code, 1976/83, art. 1, §138(b) Ord. 70-885

Upon retirement of a City policeman or fireman because of injuries sustained in line of duty and in cases where such disability is continuing, he may informally petition the Board for the services or payments herein provided. Such petition may be by a letter or other document referring the Board to his departmental case. Upon receipt of such petition, the Board may:refer such matter back to the department from which the claimant has been retired for full investigation and prompt report to the Board; or refer such claim to any other agency of the City, including the Law Department for investigation by its Central Bureau of Investigation. Upon receipt of such report, the Board shall act in disposing of the claim before it. In doing so it may act solely upon the record before it or it may call the claimant and other witnesses to aid in its determination of such matter. Where there is a dispute as to whether a retiree’s medical condition is service-connected and should be compensated under this section, a decision of the Board after full investigation shall be deemed final and conclusive. City Code, 1976/83, art. 1, §138(d) Ord. 70-885

Any other payments now or hereafter financed wholly or in part from public funds, including but not limited to workmen’s compensation, intended to meet the same expense or provide the same service with respect to the same medical condition, shall serve as an offset against the payments herein provided. City Code, 1976/83, art. 1, §138(e) Ord. 70-885

Such sum as may be provided herein or such services as may be furnished shall be such as the Board in its judgment determines to be right and proper under the circumstances. And the decision of the Board in any particular case, or in any stage of any such case, shall be final and conclusive and not subject to appeal. City Code, 1976/83, art. 1, §138(c) Ord. 70-885

Funding of this compensation provision during the City Fiscal Year 1970-71 shall be from the respective budget of the Police and Fire Departments. After such initial year, funds to sustain awards shall be available as provided in the Ordinance of Estimates. City Code, 1976/83, art. 1, §138(a)(3rd par.) Ord. 70-885

There is a City of Baltimore Occupational Medical Service in the Department of Finance, Office of Risk Management. City Code, 1976/83, art. 1, §48 Ord. 80-057 Ord. 94-370 Ord. 04-822

The Occupational Medical Service shall: establish medical procedures and standards at all City medical facilities for employees and assure conformity with such procedures and standards; examine and treat patients at a central medical services clinic; monitor the quality of medical treatments for all City employees; investigate and evaluate all City employee safety and health hazards, including but not limited to toxic materials, and establish programs to eliminate and reduce hazards; evaluate medical cases of patients, including employees with disability claims, at all City medical facilities and recommend upon their disposition; cooperate with and assist the Law Department and other City agencies involved in Workers’ Compensation Commission claims and disability retirement claims and matters relative thereto, improving all types of claims management and loss control; develop and maintain programs for controlling sick leave, substance abuse, and disability of all City employees and for monitoring and reducing absenteeism; cooperate with public health agencies in improving the quality of occupational medicine; maintain a system of uniform medical records; and develop and maintain programs to enhance the professional education of all employees involved in occupational medicine. City Code, 1976/83, art. 1, §49 Ord. 80-057 Ord. 94-370 Ord. 04-822

There is a Division of Occupational Safety in the Department of Finance, Office of Risk Management. City Code, 1976/83, art. 1, §50(1st sen.) Ord. 80-057 Ord. 94-370 Ord. 04-822

The Division of Occupational Safety shall: develop and administer City-wide safety programs for the prevention of accidents, illnesses, and injuries; develop and monitor safety programs in City departments, boards, commissions, and agencies and work with agency safety personnel to assure the effectiveness of said programs; advise the Mayor, the Director, and City agencies in all aspects of employee safety and the safety of the public related to City activities; investigate and report upon occupational injuries and illnesses and maintain a related record system designed to reduce occupational hazards and ensure responsibility and compliance by all City departments, boards, commissions, and agencies; assure the adherence of City agencies to City safety policies; keep abreast of all laws and regulations affecting employee safety and advise City management thereon; maintain relationships with appropriate federal and state regulatory agencies affecting safety and with relevant professional organizations; and develop and maintain programs to enhance the professional education of all employees involved in safety activities. City Code, 1976/83, art. 1, §50(2nd sen.) Ord. 80-057 Ord. 94-370

There is a Social Services Commission, as established in <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§58">Article VII, § 58 of the City Charter</cite>. Ord. 02-402

The Commission comprises the following 13 members: the Mayor or the Mayor’s designee; the Commissioner of Health or the Commissioner’s designee; the City Council President or the President’s designee; and 10 members appointed by the Mayor and confirmed by the City Council in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. Ord. 02-402

The term of an appointed member expires at the end of the Mayor’s term of office. At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. Ord. 02-402

The Mayor shall designate one of the appointed members to serve as President of the Commission. The member so designated serves as President at the pleasure of the Mayor. Ord. 02-402

The Commission has the powers and duties prescribed by State and City law. Ord. 02-402

For the purposes of this subtitle, the following definitions apply: “The Development Commission” is that which is set forth in Article VII, §§111 through 113 of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. “Component of a nuclear weapon” is any device, radioactive or non-radioactive, specifically designed to be installed in and to contribute to the operation of a nuclear weapon. “Direct activities of the federal government” means actions of the federal government or any agency thereof created by statute, but does not include actions of independent contractors. “Nuclear weapon” is any device, the purpose of which is use as a weapon, a weapon prototype, or a weapon test device, the intended detonation of which results from the energy released by fission and/or fusion reactions involving atomic nuclei. “Nuclear weapon” includes the weapon’s guidance and propulsion system and triggering mechanism, i.e., the means of transporting, guiding, propelling, triggering, or detonating the weapon, provided that such means is destroyed or rendered useless in the normal transporting, guiding, propelling, triggering, or detonation of the weapon. “Radioactive materials” are any radioactive materials, or their radioactive by-products, which are generated, refined, or made radioactive by any government agency or pursuant to federal or state government contract or license, and including that which the federal government classified as low-level radioactive waste as of January 1, 1989, but which may be classified as below regulatory concern after that date. City Code, 1976/83, art. 3, §1 Ord. 92-012 Ord. 92-013 Ord. 92-014 Ord. 92-015 Ord. 22-125 Article VII, §§ <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§111">111</cite> through <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§113">113</cite> of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> were repealed and the Development Commission abolished by Res. 00-010, ratified November 2000.

Nothing in this Part shall be construed to prohibit: any activity not specifically described in this Part; basic research and/or any writing or speech devoted to public commentary or debate or other speech protected by the First Amendment of the United States Constitution; the use, storage, or treatment and disposal of radioactive materials used in basic academic research, medical research, or the diagnosis and treatment of patients; consumer uses of radioactive material for smoke detectors, light emitting watches or clocks, industrial radiography and tracer processes, and other similar incidental applications; direct activities of the federal government or its employees; the transportation of radioactive materials to and through the Port of Baltimore; and research, development, and manufacturing associated with biotechnology. City Code, 1976/83, art. 3, §2 Ord. 92-012

No person shall knowingly within the City of Baltimore design, produce, deploy, launch, maintain, or store nuclear weapons or components of nuclear weapons. In the case of persons with existing contractual agreements for any of the aforementioned activities, this prohibition shall take effect 3 years after the adoption and publication of this Part; otherwise, this Part takes effect upon enactment. No person who is not, as of the effective date of this Part, engaged in the design, production, deployment, launching, maintenance or storage of nuclear weapons or components of nuclear weapons, shall, within the City of Baltimore, commence any such activities after the effective date of this Part. City Code, 1976/83, art. 3, §3(a) Ord. 92-012

The Development Commission shall determine if any businesses are affected by this Part. The Development Commission shall then, if necessary:solicit testimony from the public; prepare a plan for the conversion to other uses of resources and physical plants affected by this Part; and develop within this plan, a list of suggested alternative sources of employment for persons currently employed in the nuclear weapons industry. The conversion plan shall be completed within 3 years of the adoption of this Part. The Commission shall issue an interim report on its progress within 18 months following the Commission’s first meeting. This interim report shall be presented to the City Council, and copies shall be made available to the news media for public dissemination. City Code, 1976/83, art. 3, §3(b) Ord. 92-012

The City shall post and maintain appropriate signs at recognized entrances to the City and in City Hall, proclaiming Baltimore City’s status as a nuclear-free zone. When posted on City streets or on state or federally supported roads entering Baltimore City, such signs shall conform with the standards set forth in § 28-44 of the Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways. City Code, 1976/83, art. 3, §3(c) Ord. 92-012

Any taxpayer domiciled in the City of Baltimore, any person aggrieved by a violation of this Part, or the Mayor and City Council of Baltimore, is authorized to institute an action in the appropriate court of law having jurisdiction, seeking declaratory, injunctive or other appropriate judicial relief for the purpose of enforcing this Part and enjoining or restraining any violations of this Part. City Code, 1976/83, art. 3, §3(d) Ord. 92-012

Whenever practicable, and subject to approval by the Board of Estimates, all City departments, agencies, boards, commissions, officers, and employees who purchase or lease goods and services for the City of Baltimore shall make good faith efforts not to contract for, purchase, or lease goods or services produced, sold, distributed, or supplied by manufacturers of nuclear weapons or components. City Code, 1976/83, art. 3, §4 Ord. 92-013

Nothing in this Part shall be construed to prohibit: any activity not specifically described in this Part; the use, storage, or treatment and disposal of radioactive materials used in basic academic research, medical research, or the diagnosis and treatment of patients; consumer uses of radioactive material for smoke detectors, light emitting watches or clocks, industrial radiography and tracer processes, and other similar incidental applications; and direct activities of the federal government or its employees. City Code, 1976/83, art. 3, §5 Ord. 92-014

Except as specifically exempted in this Part, no person shall incinerate or dispose of radioactive materials, for any purpose, within Baltimore City or within landfills or incinerators owned or licensed by Baltimore City. City Code, 1976/83, art. 3, §6 Ord. 92-014

Each violation of this Part shall be punishable by a $1,000 fine. Each day of violation shall be deemed a separate violation. City Code, 1976/83, art. 3, §7 Ord. 92-014

Nothing in this Part shall be construed to prohibit: any activity not specifically described in this Part; the transportation of radioactive materials used in basic academic research, medical research, or the diagnosis and treatment of patients; consumer uses of radioactive material for smoke detectors, light emitting watches or clocks, industrial radiography and tracer processes, and other similar incidental applications; direct activities of the federal government or its employees; and the transportation of radioactive materials to and through the Port of Baltimore. City Code, 1976/83, art. 3, §8 Ord. 92-015

Within 2 years of the effective date of this Part, the Office of Disaster Control and Civil Defense shall prepare a report for the City Council covering the following areas:a determination of which existing federal, state, and local laws can be used to control the transportation of radioactive materials; a survey of shippers and recipients of radioactive materials in or near the municipality; a consideration of alternative routes to those presently allowed under 49 C.F.R., using DOT guidelines and local safety analyses, and cooperating with state routing agencies where applicable; and an emergency response plan and assessment of capabilities for accidents involving radioactive materials transport. The Board of Fire Commissioners of Baltimore shall request that state officials notify Baltimore City’s Fire Communication Center of the transportation of radioactive materials, based upon the requirements of federal law, 10 C.F.R. 171.97(c)3, which requires shippers to notify the state governor or his designees, no less than 96 hours prior to such shipments. City Code, 1976/83, art. 3, §9 Ord. 92-015

In this subtitle, the following terms have the meanings indicated. “Carbon offset” means one metric ton of carbon dioxide equivalent (CO2e) that is kept out of the atmosphere by either:preventing the creation of the emissions; or sequestering carbon in:vegetation; soils; rock; or water. “Director” means the Director of Planning or the Director’s designee. “Environmental justice” means the fair treatment of all individuals regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. “Greenhouse gas” includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. “Net-zero emissions” means the balancing of greenhouse gas emissions with emissions off-sets that cause an equivalent reduction of greenhouse gas emissions. “Office” means the Baltimore City Office of Sustainability. Ord. 07-484 Ord. 22-125 Ord. 22-131

There is a Baltimore City Office of Sustainability. The Office is a Division in the Department of Planning. Ord. 07-484

The Director of Planning shall employ a Sustainability Manager. Ord. 07-484

The Director may employ a staff and may contract for consultants and other experts as provided in the Ordinance of Estimates. Ord. 07-484

A sustainable community is one in which economic, ecological, and social well-being are integrated to ensure all live well, within nature’s means. The mission of the Office is to develop and advocate for programs, policies, and actions by government, citizens, and businesses that lead to sustainable communities in the City. These programs, policies, and actions include those that:support a diverse and vibrant economy; promote an equitable distribution of resources; protect and restore the integrity of the natural systems that support life, including air, water, and land; preserve the diversity of plant and animal life; and reduce human impacts on local and worldwide ecosystems. Ord. 07-484

The Office shall develop a Sustainability and Environmental Management Program for the City. The Program shall incorporate the Sustainability Plan developed by the Commission on Sustainability and any other recommendations made by the Commission. The Program shall include appropriate measures for:developing, implementing, and coordinating City policies that make all City operations achieve;by January 1, 2025, a 30% reduction in greenhouse gas emissions from 2007 levels; by January 1, 2030, a 60% reduction in greenhouse gas emissions from 2007 levels; and by January 1, 2045, net-zero emissions, as defined in <cite data-path="|1|§34-1|(f)">§ 34-1(f) of this subtitle</cite>; developing or coordinating City policies and programs that will improve environmental performance in City operations; facilitating the City’s compliance with federal, state, and local environmental regulations; advancing the City’s environmental priorities; integrating sustainability and environmental values into City plans, programs, and policies; and setting sustainability and environmental targets and objectives for the City. The Office shall oversee implementation of the Program. Ord. 07-484 Ord. 22-131

The Office shall seek to assure proper City support for the City’s green building, energy policy, and solid waste and recycling programs. To this end, the Office shall:direct and evaluate energy policy and global warming action plan implementation; administer and monitor direct City government energy efficiency activities; review City policies and programs for consistency with the policy; make recommendations to the City Council on the policies and programs; and administer and monitor programs in support of green building and sustainable development principles. Ord. 07-484

The Director shall: prepare and update annually a sustainability and environmental management planning agenda for the City; report to the Mayor and City Council on the performance in meeting sustainability and environmental targets and objectives of:each City agency; and the City overall; serve, in conjunction with other affected agency heads, as the City’s representative to boards, commissions, and organizations engaged in issues relating to sustainability and environmental management; manage the activities, as described in City Code <cite data-path="|5">Article 5</cite>, Subtitle 34, of the Commission on Sustainability; regularly review and propose appropriate changes to the Environmental Management Program; and perform any other duties prescribed by law. Ord. 07-484

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director may adopt rules and regulations to carry out this subtitle. These rules and regulations shall require transparency and community-based public participation mechanisms to provide input to and track the progress of the City’s development and implementation of City policies that make all City operations achieve:by January 1, 2025, a 30% reduction in greenhouse gas emissions from 2007 levels; by January 1, 2030, a 60% reduction in greenhouse gas emissions from 2007 levels; and by January 1, 2045, net-zero emissions, as defined in <cite data-path="|1|§34-1|(f)">§ 34-1(f) of this subtitle</cite>. Ord. 07-484 Text Conformed 02/09/21 Ord. 22-131 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text subsection (b) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The seal heretofore provided and used, the impression on which is a representation of the Battle Monument, is hereby established and declared to have been and now to be the Seal of the Mayor and City Council of Baltimore. City Code, 1879, art. 1, §58 1893, art. 1, §65 1927, art. 1, §86 1950, art. 1, §25 1966, art. 1, §101 1976/83, art. 1, §104 Ord. 1858-001

The Director of Finance shall take under his charge and keeping the Corporate Seal of the City, and use it in all cases which now are or may hereafter be required, either by the laws of the United States, the several States, the ordinances of this corporation, or the usage and customs of nations, whenever applied to for that purpose. And for each and every seal which he shall affix to an instrument or instruments of writing, he shall be entitled to receive for the use of the City, the sum of $2. Except that in cases where the certificate of the Director of Finance under seal shall be required to be used as evidence in the claims of soldiers and seamen in the United States service, or in the claims of the widows or heirs of such as may have died, or may hereafter die in the service, he shall furnish such certificate without any charge whatever. City Code, 1879, art. 1, §59 1893, art. 1, §66 1927, art. 1, §87 1950, art. 1, §26 1966, art. 1, §102 1976/83, art. 1, §105 Ord. 1858-008 Ord. 1865-028

No person other than the Director of Finance and his clerks and subordinates shall attach, impress, or affix the Corporate Seal of the Mayor and City Council of Baltimore to any paper, instrument, or document whatsoever. No person shall use a copy or facsimile of the Seal of the Mayor and City Council of Baltimore for any advertising purposes whatsoever, nor shall a copy or facsimile of said Seal be used in any pamphlet, program, prospectus, or paper or document of any character other than the official publications and stationery of the Mayor and City Council of Baltimore and its officers and officials. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall be subject to a fine of $500 for each offense, said fine to be collected as other fines for the violation of City Ordinances are collected. City Code, 1927, art. 1, §88 1950, art. 1, §27 1966, art. 1, §103 1976/83, art. 1, §106 Ord. 22-697

Nothing in this subtitle shall be construed to prevent or affect the use of, by a resident of Baltimore City, a copy or facsimile of the Seal of the Mayor and City Council of Baltimore, if it is affixed to a motor vehicle where a registration plate is normally placed and if such use is not prohibited by the Motor Vehicle Laws of the State of Maryland. City Code, 1966, art. 1, §104 1976/83, art. 1, §107 Ord. 54-959 Ord. 76-022

The phrase “Baltimore – Birthplace of The Star-Spangled Banner” is established and approved as the official slogan of the City of Baltimore. Ord. 15-321

The following described design, recommended by the aforesaid legally authorized “Flag Commission” <em>{cf. Ord. 14-507 and Preamble to Ord. 14-565}</em>, is hereby approved and established as the official “Flag of Baltimore City”: The Flag shall be of the Lord Baltimore colors, to wit, black and gold, heraldically arranged as in his armorial bearings, that is to say, paly of 6 pieces, or, and Sable, a bend counterchanged; and superimposed thereon, as an augmentation of honor, a shield, sable, bordered, or, charged with the Battle Monument argent, in memory of the Defenders of Baltimore during the War of 1812-14. The said Flag in dimensions, shall be 9 feet long by 6 feet deep (or of the proportions of 3 to 2), the superimposed shield being 2 feet 6 inches wide by 3 feet and 3/8 of an inch from top to tip. The said Flag in color and in heraldic layout shall be in accordance with design published in the <em>Municipal Journal</em> of December 18, 1914, and now on file in the office of the Department of Legislative Reference. City Code, 1927, art. 1, §90 1950, art. 1, §28 1966, art. 1, §57 1976/83, art. 1, §52 Ord. 14-565

The superintendent of any of the public buildings belonging to and used by the municipal government of the City shall cause to be raised the American flag on the same: on each and every legal holiday during the year; and at half-mast on May 30 (known as Memorial Day). City Code, 1927, art. 37, §9 1950, art. 28, §6 1966 art. 1, §87 1976/83, art. 1, §88 Ord. 95-029 Ord. 76-022

August 8 of each year shall be Baltimore Day in honor of Baltimore’s founding on August 8, 1729. The Mayor annually shall proclaim this day as Baltimore Day, to recognize this important moment in the City’s history. Ord. 15-358

August 1 of each year shall be Henrietta Lacks Day in honor of the birth on August 1, 1920 of Henrietta Lacks, whose cervical cancer cells were taken without her or her family’s knowledge or consent to create the HeLa line of cells used to further medical science, including cures and treatments for diseases such as polio, cancer, and AIDS. The Mayor annually shall proclaim this day as Henrietta Lacks Day to recognize this important moment in medical history. Ord. 17-046

In addition to other legal holidays established from time to time by union contract, by agency regulation, or by action of the Board of Estimates, the following days are legal holidays for the City of Baltimore. Indigenous Peoples’ Day, the second Monday in October of each year. Ord. 20-432

The City shall observe the legal holidays specified in <cite data-path="|1|§36A-1">§ 36A-1 of this subtitle</cite> annually, in the same manner as it observes other legal holidays established from time to time by union contract, by agency regulation, or by action of the Board of Estimates. Ord. 20-432

Except as otherwise provided in this subtitle, if an event is open to the public without charge and sponsored by a qualifying organization described in paragraph (2) of this subsection, the fees for City services, permits, or equipment used to support the event must be reduced by 50% from the otherwise applicable rates. An organization qualifies for the 50% discount required by paragraph (1) of this subsection if it is:a nonprofit, tax-exempt charitable or religious organization; or an organization that is not required to pay any federal, state, or local taxes. Organizations eligible for the 50% discount required by paragraph (1) of this subsection include:the Mayor’s Office of Minority and Women-Owned Business Development’s Main Street programs; Retail Business District Business Associations established under City Code <cite data-path="|14|§11-9">Article 14, § 11-9 {“Business Associations”}</cite>; Business Improvement Districts; Community associations, neighborhood organizations, homeowners’ associations, and organized block clubs; and sports organizations with 15 or more Baltimore City youth aged 18 years old or younger as participants. The sponsoring organization must submit satisfactory evidence to the Director of Transportation, or the Director’s designee, documenting its qualifications for the discount provided by this section at the time that it requests City services, permits, or equipment for its event. The following types of events are not eligible for the 50% discount required by this section:pub crawls; and road races. Ord. 17-102

The 50% discount required by this subtitle does not apply to: the fee schedule of the Department of Recreation and Parks; fees imposed by the Parking Authority; fees charged by the Department of Housing and Community Development for temporary structures pursuant to <cite data-path="|building-codes|II">Building Code</cite> <cite data-path="|building-codes|II|109.6.1">§ 109.6.1</cite>m {“Temporary structures”}; or fees charged by the Fire Department. Ord. 17-102

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Finance may adopt rules and regulations to carry out this subtitle. Ord. 17-102 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

“<em>Baltimore City ID Card”; “Municipal identity card”</em>. “Baltimore City ID Card” or “municipal identity card” means an identification card issued by the City of Baltimore under this subtitle. “MOIT” means the Mayor’s Office of Information Technology, or any successor entity in the Mayor’s Office, or another City agency, responsible for the City’s information technology needs. Ord. 16-586

In adopting this subtitle, the Mayor and City Council make the findings contained in this subsection. Many residents of Baltimore City are unable to obtain a government-issued identification essential to full participation in Baltimore’s diverse society. This barrier leaves thousands of individuals – including immigrants, homeless people, transgender people, senior citizens, young people, and formerly incarcerated people – without access to critical services, benefits, and cultural, educational, and civic opportunities. Baltimore City offers an array of cultural, educational, and civic opportunities meant to be accessible to all members of our community. Transgender and gender non-conforming individuals may have particular challenges in obtaining identification cards that reflect their gender identity, due to stigma and burdensome administrative policies for changing gender on other identification documents. This increases the likelihood they will experience discrimination in seeking employment or housing or otherwise participating in cultural or civic life. It is the intent of the Mayor and City Council in adopting this subtitle to:build Baltimore’s standing as a welcoming and inclusive center for all residents, without regard to a person’s race, national origin, religion, sex, sexual orientation, gender identity, disability, or immigration, housing, or financial status; provide a municipal identification card that will affirm the gender identity and resident status of all Baltimore City residents by allowing applicants to obtain identification that reflects their gender identity, regardless of assigned birth sex or gender designation on previously-issued identity documents; expand access and incorporate more members of Baltimore’s diverse community into the rich fabric of civic life; and preserve the safety and privacy of all Baltimore City residents by ensuring that personal data gathered during the municipal identification application process is destroyed or maintained confidentially. By authorizing the creation of a municipal identification card program, the Mayor and City Council do not intend to expand identification requirements for access to basic services or exercise of constitutional rights. The program created by this subtitle is not to be used to require individuals to produce government-issued identification to access services and benefits where government-issued identification was not previously required, such as when registering to vote, casting a ballot, or accessing certain government buildings. Ord. 16-586

MOIT shall administer the municipal identity card program with the assistance and cooperation of all other City agencies as needed. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, MOIT may adopt rules and regulations to carry out this subtitle. Ord. 16-586 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (b) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

MOIT must make a Baltimore City ID Card available to any resident of Baltimore City who can meet the requirements of <cite data-path="|1|§38-8">§ 38-8 {“Eligibility for identity card”} of this subtitle</cite> for establishing his or her identity and residency, regardless of his or her race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, partnership status, source of lawful income, housing status, status as a victim of domestic violence, status as a victim of sex offenses or stalking, or conviction or arrest record. The application fee for a Baltimore City ID Card is as set by the Board of Estimates. MOIT must adopt rules permitting residents who cannot afford to pay an application fee to receive a full or partial waiver of the fee. Ord. 16-586

A Baltimore City ID Card issued under this subtitle must, at a minimum, display the cardholder’s photograph, name, date of birth, a municipal identity card number unique to each card, and an expiration date. A Baltimore City ID Card issued under this subtitle may not display the cardholder’s gender. Each Baltimore City ID Card issued under this subtitle must be designed and produced with fraud and counterfeit deterring features. Ord. 16-586

Applications for Baltimore City ID Cards must be made available for pick-up and submission at every City agency or office where there is substantial contact with the public. MOIT must make applications available for Baltimore City ID Cards on-line. Ord. 16-586

MOIT shall, consistent with all federal, state, and local laws, provide language assistance to address the needs of limited English proficient individuals in the administration of the municipal identity card program by implementing measures such as: staff training, community outreach, and the use of language assistance tools. Ord. 16-586

Proof of identity. To establish identity, an applicant must produce 1 or more of the following documents, each of which must be current or have expired not more than 5 years prior to the date it is presented:a U.S. or foreign passport; a U.S. state driver’s license; a U.S. state identification card; a U.S. permanent resident card; a consular identification card; a photo identification card, with name, address, date of birth, and expiration date, issued by another country to its citizens or nationals as an alternative to a passport for re-entry to the issuing country; a certified copy of a U.S. or foreign birth certificate; a Social Security card; a national identification card with photo, name, address, date of birth, and expiration date; a foreign driver’s license; a U.S. or foreign military identification card; a current visa issued by a government agency; a U.S. individual taxpayer identification number (ITIN) authorization letter; an electronic benefit transfer (EBT) card; or an identity document recognized by local homeless shelters allowing individuals experiencing homelessness to access shelters or other services. To establish City residency, an applicant must produce one or more of the following items, each of which must show the applicant’s name and residential address located within the City and must, except as otherwise provided in this subsection, be dated no more than 60 days prior to the date it is presented:a utility bill; a current residential property lease; a local property tax statement dated within 1year of the date it is presented; a local real property mortgage payment receipt; a bank account statement; proof that the applicant has a minor child currently enrolled in a school located within the City; an employment pay stub; a jury summons or court order issued by a federal or state court; a federal or state income tax or refund statement dated within one year of the date it is submitted; an insurance bill (homeowner’s, renter’s, health, life, or automobile insurance); written verification issued by a homeless shelter that receives City funding confirming at least 15 days residency; or written verification issued by a hospital, health clinic, or social services agency located within Baltimore City confirming at least 15 days residency. An individual experiencing homelessness may establish City residency by producing any document recognized by local homeless shelters allowing the individual to access shelters or other services. Ord. 16-586

Baltimore City may not retain originals or copies of documents provided by an applicant to prove his or her identity or residency under <cite data-path="|1|§38-8">§ 38-8 {“Eligibility for identity card”} of this subtitle</cite>. The City may not retain or create lists of the names or addresses of municipal ID card applicants or holders. Any data or information about municipal ID card applicants or holders retained by the City must be de-identified and incapable of being linked to a specific individual by name. MOIT must develop a program to detect and prevent fraudulent use of municipal identity cards and may retain descriptive or demographic data tied to a particular ID card by card number as part of this fraud prevention program. Ord. 16-586

All municipal agencies and offices and all municipal employees, including law enforcement officers, must accept a valid Baltimore City ID Card as proof of identity and residency. The City shall seek to expand the benefits associated with the municipal identity card by promoting the acceptance of the municipal identity card by banks and other public and private institutions. The City shall seek to encouraging all eligible persons to apply for the card and may offer new benefits or privileges exclusively to those who possess a municipal identity card as an incentive to apply for a municipal identity card. Except as otherwise provided in this subsection, Baltimore City agencies and officers may not require the possession of a municipal identity card where, as of July 1, 2017, identification was not already required to obtain city services. Agencies may require the possession of a municipal identity card to obtain benefits or privileges established after July 1, 2017 and offered exclusively to those who possess a municipal identity card as an incentive to apply for a municipal identity card. Ord. 16-586

No person or entity may:knowingly present false information in the course of applying for a Baltimore City ID Card; alter, copy, or replicate a Baltimore City ID Card without the authority of the City of Baltimore; or use the Baltimore City ID Card issued to another person, with the intent to cause a third person or entity to believe the holder of the card is the person to whom the card was issued. Any person who violates any provision of this section is subject to a civil penalty of $100 that may be enforced by issuance of a civil citation under Subtitle 41 {“Civil Citations”} of <cite data-path="|1">this article</cite>. Ord. 16-586

In this subtitle, the following terms have the meanings indicated. “Agency” means any department, authority, office, board, commission, council, committee, or other unit of the City government. “Equity” means closing the gaps in policy, practice and allocation of City resources so that race, gender, religion, sexual orientations, and income do not predict one’s success, while also improving outcomes for all. “Equity assessment” means a systematic process of identifying policies and practices that may be implemented to identify and redress disparate outcomes on the basis of race, gender, or income. “Gender” means actual or perceived sex and includes a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth. Ord. 18-160

In the first year following enactment of this subtitle, agencies must participate in training and ongoing capacity building around equity and inclusion to produce a baseline analysis of the equity impacts of the agency’s existing and proposed actions and policies, encompassing programs, operations, and capital projects. Starting in the second year following enactment of this subtitle, each City agency must develop, adopt, and oversee an Equity Assessment Program that requires it to:proactively develop policies, practices, and strategic investments to reverse disparity trends based on race, gender, sexual orientation, or income; act to eliminate structural and institutional racism and discrimination of all kinds based on immutable characteristics to ensure that outcomes and opportunities for all people are no longer predicable based on those characteristics; develop and implement an equity action plan to incorporate and embed equity principles and strategies into City operations, programs, services, and policies; and conduct equity assessments of existing and proposed City actions, policies, and both capital and operating budgets. Ord. 18-160 Ordinance 18-160 was “enacted” on August 10, 2018, “effect[ive] on the 30th day after the date ... enacted” (i.e., on September 9, 2018).

Each agency must: identify an equity coordinator who shall report directly to the head of the agency and will be responsible for managing that agency’s Equity Assessment Program; conduct equity assessments of the agency’s existing and proposed practices and policies; and develop and implement a plan to address any disparate outcomes based on race, gender, sexual orientation, or income that have been identified by the agency’s assessments. Ord. 18-160

Whenever an agency reports to the City Council on a proposed ordinance or resolution, the agency shall include in that report the results of an equity assessment of the proposal’s impact on its operations. Ord. 18-160

The Director of Planning shall conduct an equity assessment on any proposed capital budget and score the proposed projects based on that assessment. The results of each proposed capital budget shall be published on the Department of Planning’s Website. Ord. 18-160

On or before June 30 of each year beginning 1 year after the effective date of this subtitle, each agency shall submit its equity report to the Mayor and City Council and the Department of Legislative Reference for public review. The reports shall be made available online. The City Council may hold hearings to review annual equity reports as warranted. Each Report shall include:an assessment of progress towards achievement of the goals of the Equity Assessment Program; an assessment of the current scope of its compliance; a discussion of any disparate outcomes identified through equity assessments of its existing City policies or procedures; recommended steps to address the identified disparate outcomes; and an update on progress towards eliminating previously identified disparities and implementing actions recommended in past reports. Ord. 18-160 Ordinance 18-160 was “enacted” on August 10, 2018, and became “effect[ive] on the 30th day after the date ... enacted” (i.e., on September 9, 2018).

In this subtitle, the following words have the meanings indicated. “Board” means the Environmental Control Board of Baltimore City. “Code Enforcement Officer” means:a Baltimore City Police Officer; a Special Enforcement Officer appointed under City Code <cite data-path="|19|§71-1">Article 19, § 71-1 {“Special Enforcement Officers: Appointment; duties”}</cite>; or any City employee who:is in a position of trust, as defined by the Administrative Manual AM-237-1; and has been authorized by his or her agency head to issue environmental citations under this subtitle. “Director” means the Executive Director of the Environmental Control Board of Baltimore City. “Environmental citation” means a prepayable citation for violation of any provision of law or regulation under the jurisdiction of the Board. City Code, 1976/83, art. 1, §295 Ord. 98-326 Ord. 12-084 Ord. 16-503 Ord. 22-125

The Environmental Control Board of Baltimore City is established as an independent agency of City Government. The Board comprises 15 members. 7 are the following ex officio members, or their respective designees:the Commissioner of Health; the Commissioner of Housing and Community Development; the Police Commissioner; the Fire Chief; the Director of Public Works; the Director of Transportation; and a member of the City Council, to be appointed by the President of the City Council. 8 members are appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. Of the members appointed under subsection (b)(3) of this section:2 members must be appointed from the general public; and 6 members must be appointed with at least 1 designated as having expertise in each of the following areas:real estate; small business; education; water pollution; solid waste; and community advocacy. The Chair of the Board is appointed by the Mayor from among the members. The members appointed under subsection (b)(3) of this section:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. City Code, 1976/83, art. 1, §296 Ord. 98-326 Ord. 16-503 Ord. 16-555

The Board is responsible to provide for hearing officers or panels of Board members to conduct hearings on contested environmental citations. The Board is responsible to provide for an opportunity to appeal to the Board or to a panel of the Board from the decision of a hearing officer. With the assistance of its Executive Director and staff, the Board is responsible for:all actions necessary or appropriate to collect fines imposed under this subtitle; and all bookkeeping, accounting, and revenue reconciliations. City Code, 1976/83, art. 1, §297 Ord. 98-326

The Executive Director of the Board is appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. The Executive Director is entitled to the compensation provided in the Ordinance of Estimates. The Executive Director may appoint the assistants, hearing officers, and other employees needed to properly perform the work of the Board, as provided in the Ordinance of Estimates. City Code, 1976/83, art. 1, §298 Ord. 98-326

The Board has full authority to enforce, in accordance with the provisions of this subtitle, the sanitation, environmental, health, safety, and other quality-of-life provisions of law listed in <cite data-path="|1|§40-14">§ 40-14 of this subtitle</cite>, including any rules and regulations adopted under them. City Code, 1976/83, art. 1, §299 Ord. 98-326

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board must adopt and, from time to time, may amend rules and regulations necessary or appropriate to carry out its powers and duties under this subtitle. These rules and regulations must include:procedures for the issuance and enforcement of environmental citations for violations of the laws, rules, and regulations subject to the Board’s jurisdiction; procedures for the adjudication of these violations, including the conduct of hearings and appeals by hearing officers, panels of the Board, or the full Board; and procedures for enforcement of any abatement order that is contained in a citation or made part of an order or decision of a hearing officer, panel of the Board, or the full Board. City Code, 1976/83, art. 1, §300 Ord. 98-326 Text Conformed 02/09/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (a) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The Board must prescribe the form and wording of environmental citations. In addition to any other matters that the Board prescribes, an environmental citation must include:the name, if known, of the person cited; the violation with which the person is cited, including a reference to the specific law in question; the manner and time in which the person must either:pay the prepayable fine prescribed for the violation; or request a hearing on the violation; the time within which the violation, if ongoing, must be abated; and a notice that failure to act in the manner and time stated in the citation may result in a default decision and order entered against the person. An environmental citation must be:issued by a Code Enforcement Officer; and served on the person cited by 1 of the following methods:in person; certified mail, return receipt requested; delivery to a person of suitable age and discretion who resides at the cited person’s last known address; or for service on an occupant of the premises at which the violation occurred:posting on the main entrance of the premises; and mailing by regular mail to the person cited, at that person’s last known address. When issued and served, the citation or a copy of it:constitutes full and complete notice of the violation cited in it; if abatement is ordered, constitutes a full and complete notice of the order of abatement; and if sworn to or affirmed, is prima facie evidence of the facts contained in it. A single document may be used to issue two or more separately numbered citations. An electronic signature may be used to execute a citation and to serve as an affirmation, under penalties of perjury, that the facts stated in the citation are true. The original or a copy of the citation must be filed and retained in the records of the Board. City Code, 1976/83, art. 1, §301 Ord. 98-326 Ord. 02-362 Ord. 07-425 Ord. 12-084 Ord. 16-503

Any person cited under an environmental citation is conclusively considered to have admitted liability for the violation cited and responsibility for abating the violation if, within the time allowed by the rules of the Board, the person:neither pays the prescribed prepayable fine nor requests a hearing on the violation; or having requested a hearing, fails to appear on a designated hearing date. Under either of the circumstances described in subsection (a) of this section, the Board may:render a default decision and order against the person cited; and impose an aggregate civil penalty that is equal to:the amount of the prepayable fine prescribed for the violation; plus an additional, default penalty equal to the lesser of:50% of the prescribed prepayable fine for every 30 days that, after notice of default is mailed under subsection (c) of this section, the citation remains unsatisfied; 2 times the prescribed prepayable fine; or $1,000. Before an order based on a default becomes final, the Board must notify the respondent, by first-class mail, of:the default decision and order; the amount of all penalties imposed; and the right of the respondent, within 30 days of the notice, to avoid a final judgment and collection proceedings by requesting a stay of default for good cause shown and a determination on the request. City Code, 1976/83, art. 1, §302 Ord. 98-326 Ord. 18-148

The Board, acting by or through its hearing officers, panels of the Board, and other authorized agents:must conduct hearings and other proceedings for adjudicating violations of the laws, rules, and regulations enforced by it; and has full authority to render decisions and orders, as well as impose the civil penalties provided by law for those violations. Unless otherwise specified by the Board, every decision of a hearing officer or panel of the Board from which no timely appeal is taken to the Board constitutes a final decision of the Board. City Code, 1976/83, art. 1, §303 Ord. 98-326

A person who, after having exhausted all administrative remedies available, is aggrieved by a final decision of the Board under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. City Code, 1976/83, art. 1, §304 Ord. 98-326 Ord. 04-672 Ord. 19-332

Any civil penalty imposed on a person by the Board, whether on hearing, on default, or otherwise:is a personal debt owed by that person to the City; and if the offense involves real property owned by that person, creates a lien on that property in favor of the City. All penalties and liens incurred under this subtitle:are collectible from and enforceable against any of the assets of the person who incurred the penalty; and may be collected and enforced in the same way that the City collects and enforces other debts due to it or liens in its favor. All penalties and liens incurred under this subtitle have priority over all other liens and encumbrances, except taxes or other government assessments. City Code, 1976/83, art. 1, §305 Ord. 98-326

The Board may apply to a court of competent jurisdiction for enforcement of any decision, order, or subpoena issued by the Board. City Code, 1976/83, art. 1, §306 Ord. 98-326

The issuance of an environmental citation does not preclude pursuit of any other remedy or enforcement action authorized by law. City Code, 1976/83, art. 1, §307 Ord. 98-326

The jurisdiction and authority of the Board extends to each of the provisions of the Baltimore City Code that are specified in subsection (e) of this section, as those provisions may be amended from time to time, including any rules and regulations adopted under them from time to time. The basic prepayable civil fine for violation of a provision is as specified next to the listing of that provision in subsection (e) of this section. The basic prepayable fine is doubled, however, on any environmental citation that is issued to a person if, within the past 12 months:a final order of the Board, whether issued on hearing, on default, or otherwise, imposed a penalty on that person for a violation of the same provision; or that person prepaid an environmental citation for a violation of the same provision. If a provision of law provides that the continuation or recurrence of a violation constitutes a separate offense, a separate environmental citation may be issued for each separate offense. The payment of a penalty under this subtitle does not relieve the offender of the duty to fully abate and correct any continuing violation or other unlawful act. Notwithstanding any other provision of the City Code to the contrary, notice need not be given before issuance and enforcement of an environmental citation for any of the provisions listed in subsection (e) of this section. <table> <tbody> <tr> <td>Subtitle 16. Ticket Sales - Charges by Operators and Agents</td> <td>$750</td> </tr> <tr> <td>Subtitle 17. Ticket Sales – Ticket Purchasing Software</td> <td>$750</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Subtitle 11. Fair Election Fund</td> <td>$500</td> </tr> <tr> <td>Subtitle 26A. Labor Trafficking Notice Requirements</td> <td>$50</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Division I. Floodplain Management</td> <td>$500</td> </tr> <tr> <td>Division VI. Miscellaneous</td> <td></td> </tr> <tr> <td>Subtitle 62. Plastic Bag Reduction</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$250</td> </tr> <tr> <td>2nd offense in same 6-month period</td> <td>$500</td> </tr> <tr> <td>3rd or subsequent offense in same 6-month period</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td colspan="2">Subtitle 4. Registration of Non-Owner-Occupied Dwellings, Rooming Houses, and Vacant Structures</td> </tr> <tr> <td>Non-owner-occupied dwelling units</td> <td>$100</td> </tr> <tr> <td>Rooming houses</td> <td>$100</td> </tr> <tr> <td>Vacant structures</td> <td>$500</td> </tr> <tr> <td>Subtitle 5. Licensing of Rental Dwellings</td> <td></td> </tr> <tr> <td>§ 5-4. License required</td> <td>$1,000</td> </tr> <tr> <td>§ 5-11. Posting license; license number</td> <td>$250</td> </tr> <tr> <td>§ 5-15. {Offenses there listed as cause for} Denial, suspension, or revocation of license</td> <td>$750</td> </tr> <tr> <td>All other provisions</td> <td>$500</td> </tr> <tr> <td>Subtitle 8. Rent Increases</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Subtitle 12. Commercial Parking Facilities</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 13. Special-Event Parking Lots</td> <td>$750</td> </tr> <tr> <td>Subtitle 17. Street Vendors</td> <td>$500</td> </tr> <tr> <td>Subtitle 21. Third-Party Food Delivery Platform</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 42. Human Trafficking Notice Requirements</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>Subsequent offense</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 42A. Temporary Shelter Human Trafficking Notice Requirements</td> <td>$50</td> </tr> <tr> <td>Subtitle 43. Public Restrooms</td> <td>$100</td> </tr> <tr> <td>Subtitle 48. Short-Term Residential Rentals</td> <td></td> </tr> <tr> <td>§ 48-6. License required {for host}</td> <td>$500</td> </tr> <tr> <td>§ 48-16. {Operational requirements for} hosting platforms</td> <td>$1,000</td> </tr> <tr> <td>§ 48-21. {Offenses there listed as cause for} denial, suspension, or revocation of license</td> <td>$500</td> </tr> <tr> <td>All other provisions</td> <td>$250</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 1-2. Placement {of advertising circulars} without permission</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$50</td> </tr> <tr> <td>2nd offense</td> <td>$100</td> </tr> <tr> <td>3rd or subsequent offense</td> <td>$500</td> </tr> <tr> <td>§ 7-2. Vehicle alarms: Prohibited devices</td> <td>$100</td> </tr> <tr> <td>Subtitle 8. Burglar Alarms - Registration and Regulation</td> <td></td> </tr> <tr> <td>§ 8-8. False alarm fees.</td> <td></td> </tr> <tr> <td>Failure to pay-</td> <td></td> </tr> <tr> <td>Residential users</td> <td>$100</td> </tr> <tr> <td>Non-residential users</td> <td>$500</td> </tr> <tr> <td>All other provisions.</td> <td></td> </tr> <tr> <td>Users</td> <td>$100</td> </tr> <tr> <td>Contractors, Monitors, Others</td> <td>$500</td> </tr> <tr> <td>§ 14-2. Drinking or possessing open containers in public places – In general</td> <td>$250</td> </tr> <tr> <td>§ 14-3. Drinking or possessing open containers in public places – Parents or guardians of minors</td> <td>$150</td> </tr> <tr> <td>§ 32-3. Sales to minors [in proximity to liquor stores]</td> <td>$500</td> </tr> <tr> <td>§ 32-4. Inducing minor to purchase</td> <td>$500</td> </tr> <tr> <td>§ 32-5. False representation by minor</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$50</td> </tr> <tr> <td>2nd or subsequent offense</td> <td>$150</td> </tr> <tr> <td>§ 41-2. Outdoor telephones: Prohibited placement</td> <td>$500</td> </tr> <tr> <td>§ 45-2. Signs on or affecting public property: Posting prohibited</td> <td>$500</td> </tr> <tr> <td>§ 50-1. Obstructing street: racing or stunt driving</td> <td>$1,000</td> </tr> <tr> <td>§ 50-2. Obstructing street, etc., or gutter</td> <td>$50</td> </tr> <tr> <td>§ 50-3. Merchandise projecting from building</td> <td>$50</td> </tr> <tr> <td>§ 51-2. Compliance with park rules</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$250</td> </tr> <tr> <td>2nd offense</td> <td>$500</td> </tr> <tr> <td>3rd or subsequent offense</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 2-1. Mixed refuse: Receptacles</td> <td></td> </tr> <tr> <td>Residential properties</td> <td>$50</td> </tr> <tr> <td>Commercial properties</td> <td>$100</td> </tr> <tr> <td>§ 2-2. Mixed refuse: Handling</td> <td></td> </tr> <tr> <td>Residential properties</td> <td>$50</td> </tr> <tr> <td>Commercial properties</td> <td>$100</td> </tr> <tr> <td>§ 4-1 or § 4-2. Receptacles on collection days</td> <td></td> </tr> <tr> <td>Residential properties</td> <td>$50</td> </tr> <tr> <td>Commercial properties</td> <td>$100</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 21-1. Rules and regulations {to protect water supply and facilities}</td> <td></td> </tr> <tr> <td>Watershed Regulations</td> <td></td> </tr> <tr> <td>Polluting or depositing trash, etc., in reservoir waters or tributaries</td> <td>$500</td> </tr> <tr> <td>Trespassing or otherwise entering or traversing property in violation of rule or regulation</td> <td>$150</td> </tr> <tr> <td>Boating without a required permit or otherwise in violation of rule or regulation</td> <td>$100</td> </tr> <tr> <td>Hunting without a required permit or otherwise in violation of rule or regulation</td> <td>$100</td> </tr> <tr> <td>Fishing without a required permit or otherwise in violation of rule or regulation</td> <td>$60</td> </tr> <tr> <td>Other recreational activity (horseback riding, bicycling, picnicking, etc.) in violation of rule or regulation</td> <td>$60</td> </tr> <tr> <td>Smoking except where expressly allowed</td> <td>$75</td> </tr> <tr> <td>All other violations</td> <td>$100</td> </tr> <tr> <td>All other rules and regulations of Department to protect water supply and facilities</td> <td>$250</td> </tr> <tr> <td>§ 21-2. Suspension, etc., of certain uses</td> <td>$100</td> </tr> <tr> <td>§ 21-3. Injuring fire hydrants</td> <td>$250</td> </tr> <tr> <td>§ 21-4. Wrongful use after cut-off</td> <td>$150</td> </tr> <tr> <td>§ 21-5. Refusal of entry</td> <td>$100</td> </tr> <tr> <td>§ 21-6. Interference with equipment; illegal use of water</td> <td>$500</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Subtitle 6. Building Address Numbers</td> <td>$25</td> </tr> <tr> <td>Subtitle 23. Underground Conduit System</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Subtitle 14. Valet Parking</td> <td></td> </tr> <tr> <td>Part II. Valet Operator’s License</td> <td></td> </tr> <tr> <td>§ 14-7. License required</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$1,000</td> </tr> <tr> <td>§ 14-8(c). Liability insurance {required}</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$250</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$500</td> </tr> <tr> <td>Part III. Valet Parking Zone Permit</td> <td></td> </tr> <tr> <td>§ 14-16. Permit required</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$1,000</td> </tr> <tr> <td>Part IV. Standards of Operation</td> <td></td> </tr> <tr> <td>§ 14-31. Licensed operator {required}</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$250</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$500</td> </tr> <tr> <td>§ 14-32. {Authorized} locations and hours</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$200</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$400</td> </tr> <tr> <td>§ 14-33. {Required, prohibited uses of} valet parking zones</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$250</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$500</td> </tr> <tr> <td>§ 14-34(a). Attendants’ qualifications</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$200</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$400</td> </tr> <tr> <td>§ 14-35. Transporting and parking vehicles</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$250</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$500</td> </tr> <tr> <td>§ 14-36. {Required} signage</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$100</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$200</td> </tr> <tr> <td>§ 14-37. Permit and operator’s license {available for} inspection</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$100</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$200</td> </tr> <tr> <td colspan="2">§ 14-41(3). Operators: Providing valet services in way that endangers public safety</td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$1,000</td> </tr> <tr> <td colspan="2">§ 14-41(4). Operators: Providing valet services that unreasonably disrupt vehicular or pedestrian traffic</td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$1,000</td> </tr> <tr> <td colspan="2">§ 14-42(3). Hosts: Providing or allowing valet services in way that endangers public safety</td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$1,000</td> </tr> <tr> <td colspan="2">§ 14-42(4). Hosts: Providing or allowing valet services that unreasonably disrupt vehicular or pedestrian traffic</td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$1,000</td> </tr> <tr> <td colspan="2">§ 14-43. Any other violation that is cause for suspending or revoking a license or permit</td> </tr> <tr> <td>1st offense</td> <td>$150</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of 1st</td> <td>$300</td> </tr> <tr> <td>Subtitle 16. Use-of-the-Road Regulations</td> <td></td> </tr> <tr> <td>§ 16-5. Repairing vehicles on streets</td> <td></td> </tr> <tr> <td>As a motor vehicle repair service on a public street or footway</td> <td></td> </tr> <tr> <td>1<sup>st</sup> offense</td> <td>$250</td> </tr> <tr> <td>Subsequent offense</td> <td>$350</td> </tr> <tr> <td>All other violations</td> <td></td> </tr> <tr> <td>1<sup>st</sup> offense</td> <td>$25</td> </tr> <tr> <td>Subsequent offense</td> <td>$100</td> </tr> <tr> <td>§ 16-12. Vehicles on sidewalks</td> <td>$50</td> </tr> <tr> <td>Subtitle 38. Dockless Vehicles</td> <td></td> </tr> <tr> <td>§ 38-7(b)(2). Exceeding the maximum number or type of dockless vehicles permitted to operate</td> <td>$1,000</td> </tr> <tr> <td>§ 38-8(a). Operating a dockless-vehicle-for-hire business without a permit</td> <td>$1,000</td> </tr> <tr> <td>§ 38-12. Failure of provider to provide required data or reports</td> <td>$1,000</td> </tr> <tr> <td>§ 38-15. Failure of provider to notify of data breach</td> <td>$1,000</td> </tr> <tr> <td>§ 38-18. Unlawful operation of e-bike or e-scooter</td> <td>$20</td> </tr> <tr> <td>§ 38-19. Unlawful parking of dockless vehicle</td> <td>$20</td> </tr> <tr> <td>§ 38-21. Display of advertisements on dockless vehicles</td> <td>$1,000</td> </tr> <tr> <td>§ 38-22. Provider operational responsibilities:</td> <td></td> </tr> <tr> <td>Item (1). Failure to maintain 24-hour customer service phone support</td> <td>$1,000</td> </tr> <tr> <td>Item (2). Failure to remove dockless vehicles from public rights-of-way between dusk and dawn, as determined in rules and regulations</td> <td>$500</td> </tr> <tr> <td>Item (3). Failure to ensure that dockless vehicles are parked as required by law, rule, or regulation</td> <td>$500</td> </tr> <tr> <td>Item (4). Failure to remove or reposition illegally parked dockless vehicles within required time</td> <td>$500</td> </tr> <tr> <td>Item (5). Failure to ensure that dockless vehicles adhere to national safety standards</td> <td>$1,000</td> </tr> <tr> <td>Item (6). Failure to ensure that provider operations adhere to equitable access requirements</td> <td>$1,000</td> </tr> <tr> <td>Item (7). Failure to comply with any other requirement established by the Director</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 19-101. Prohibited Conduct</td> <td>$500</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 105.11. Post-work proof of disposal</td> <td>$1,000</td> </tr> <tr> <td>§ 114.14. Work without permit</td> <td>$500</td> </tr> <tr> <td>§ 115.3. Stop-work order: Unlawful continuance</td> <td>$500</td> </tr> <tr> <td>§ 123.8. Failure to comply with notice or citation</td> <td></td> </tr> <tr> <td>Unsafe structures {§ 116}</td> <td>$1,000</td> </tr> <tr> <td>Vacant building unsecured {§ 116.3}</td> <td>$1,000</td> </tr> <tr> <td>Vacant building with high grass and weeds {§ 116.4.3(3)(c)}</td> <td>$1,000</td> </tr> <tr> <td>Vacant building with roof damage {§ 116.4.3(3)(d)}</td> <td>$1,000</td> </tr> <tr> <td>Condemnation proceedings {§ 120}</td> <td>$500</td> </tr> <tr> <td>All other notices (excluding citations)</td> <td>$250</td> </tr> <tr> <td>Subsequent Citation - Unsafe Structure - Additional Fine - Subsequent Offense within 12 months {§ 123.8.4}</td> <td>$1,000</td> </tr> <tr> <td>§ 1210.4 Diaper-Changing Amenities</td> <td>$500</td> </tr> <tr> <td>§ 1504.9 Performance requirements</td> <td>$1,000</td> </tr> <tr> <td>§ 3302.2. Construction Safeguards: Waste and debris</td> <td>$250</td> </tr> <tr> <td>§ 3808. Traffic-Mitigation Enforcement</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 108.6. Maintenance: Overcrowding</td> <td></td> </tr> <tr> <td>1-99 persons over capacity</td> <td>$250</td> </tr> <tr> <td>100-199 persons over capacity</td> <td>$500</td> </tr> <tr> <td>200 or more persons over capacity</td> <td>$1,000</td> </tr> <tr> <td>§ 918.4 Telephone Access to City’s 9-1-1 System: General</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$100</td> </tr> <tr> <td>2nd and subsequent offenses</td> <td>$200</td> </tr> <tr> <td>§ 111.1 Unsafe buildings: General</td> <td>$250</td> </tr> <tr> <td>§ 1001.2. Means of Egress: Minimum requirements</td> <td>$250</td> </tr> </tbody> </table> <strong> <em> <cite data-doc="City of Balt., Md., Ord. 25-067" data-path="|codes|VII">Property Maintenance Code</cite> </em> </strong> <table> <tbody> <tr> <td>Chapter 3. General Requirements</td> <td></td> </tr> <tr> <td>§ 304.4. Structural members</td> <td>$500</td> </tr> <tr> <td>§ 304.5. Foundation walls</td> <td>$500</td> </tr> <tr> <td>§ 304.7. Roofs and drainage</td> <td>$500</td> </tr> <tr> <td>§ 304.10. Stairways, floors, decks</td> <td>$300</td> </tr> <tr> <td>§ 304.12. Handrails and guards</td> <td>$50</td> </tr> <tr> <td>§ 304.13. Window, skylight, and door frames</td> <td>$100</td> </tr> <tr> <td>§ 304.15. Doors</td> <td>$100</td> </tr> <tr> <td>§ 304.15.2. Interior (Doors)</td> <td>$50</td> </tr> <tr> <td>§ 304.20. Interior surfaces</td> <td>$500</td> </tr> <tr> <td>§ 304.23. Exhaust vents</td> <td>$250</td> </tr> <tr> <td>§ 304.28. Rat proofing</td> <td>$100</td> </tr> <tr> <td>§ 304.29. Equipment</td> <td>$500</td> </tr> <tr> <td>§ 304.30. Fire protection</td> <td>$500</td> </tr> <tr> <td>§ 305.5.1. Motor vehicles and trailers: Registered owner responsible</td> <td>$150</td> </tr> <tr> <td>§ 307.1. General</td> <td>$50</td> </tr> <tr> <td>§ 307.3. Walls, ceilings, and openings</td> <td>$150</td> </tr> <tr> <td>§ 307.7. Pest control</td> <td>$150</td> </tr> <tr> <td>All other provisions</td> <td></td> </tr> <tr> <td>Residential properties</td> <td>$50</td> </tr> <tr> <td>Commercial properties</td> <td>$100</td> </tr> </tbody> </table> <strong> <em> <cite data-doc="City of Balt., Md., Ord. 25-067" data-path="|codes|X">International Residential Code</cite> </em> </strong> <table> <tbody> <tr> <td>§ 905.18 Reflectance</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Title 3: Health Facilities</td> <td></td> </tr> <tr> <td>Subtitle 5: Limited-Service Pregnancy Centers</td> <td>$150</td> </tr> <tr> <td>Title 4: Disease Control</td> <td></td> </tr> <tr> <td>Subtitle 6: Screening for Lead Poisoning</td> <td></td> </tr> <tr> <td>§ 4-601. Parental Responsibility</td> <td>$100</td> </tr> <tr> <td>Title 5: Nuisance Control</td> <td></td> </tr> <tr> <td>Subtitle 2: Nuisance Abatement</td> <td></td> </tr> <tr> <td>§ 5-210. Abatement notice</td> <td>$100</td> </tr> <tr> <td>Subtitle 4: Lead-Based Paint</td> <td>$100</td> </tr> <tr> <td>Subtitle 5: Bodily Wastes</td> <td></td> </tr> <tr> <td>§ 5-501. Spitting</td> <td>$100</td> </tr> <tr> <td>§ 5-503. Urinating, etc. - In general</td> <td>$500</td> </tr> <tr> <td>§ 5-504. Urinating, etc. - Parents</td> <td>$150</td> </tr> <tr> <td>Subtitle 7: Weeds</td> <td>$50</td> </tr> <tr> <td>Title 6: Food Service Facilities</td> <td></td> </tr> <tr> <td>Subtitle 2: License Required</td> <td></td> </tr> <tr> <td>§ 6-201. In general</td> <td>$300</td> </tr> <tr> <td>Subtitle 5: Miscellaneous Regulations</td> <td></td> </tr> <tr> <td>§ 6-506. Litter and rubbish prohibited</td> <td>$200</td> </tr> <tr> <td>§ 6-508. Polystyrene foam products</td> <td>$200</td> </tr> <tr> <td>All other provisions</td> <td>$100</td> </tr> <tr> <td>Title 7: Waste Control</td> <td></td> </tr> <tr> <td>Subtitle 2: Solid Waste Collection</td> <td>$100</td> </tr> <tr> <td>Subtitle 4: Landfills</td> <td>$200</td> </tr> <tr> <td>Subtitle 6: Prohibited Disposal</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 7: Littering</td> <td>$500</td> </tr> <tr> <td>Title 8: Air Pollution</td> <td>$100</td> </tr> <tr> <td>Subtitle 3: Gas-Powered Debris Removal Equipment</td> <td></td> </tr> <tr> <td>§ 8-303. Prohibition of gas-powered debris removal equipment</td> <td></td> </tr> <tr> <td>Subsequent offense</td> <td>$250</td> </tr> <tr> <td>Title 9: Noise Regulation</td> <td></td> </tr> <tr> <td>Subtitle 2: Basic Sound Level Standards</td> <td>$100</td> </tr> <tr> <td>Subtitle 3: Entertainment and Commercial Noise</td> <td>$50</td> </tr> <tr> <td>Subtitle 4: Amplified Sounds in Market Center</td> <td>$50</td> </tr> <tr> <td>Title 10: Animal Control and Protection</td> <td></td> </tr> <tr> <td>Subtitle 1: General Provisions</td> <td></td> </tr> <tr> <td>§ 10-112. Obstructing, etc., officer; False Statements</td> <td>$500</td> </tr> <tr> <td>Subtitle 2: Licensing</td> <td></td> </tr> <tr> <td>Part I. Dog and Cat Licenses</td> <td>$100</td> </tr> <tr> <td>Part II. Facility Licenses</td> <td></td> </tr> <tr> <td>Animal fanciers</td> <td>$100</td> </tr> <tr> <td>All other facilities</td> <td>$250</td> </tr> <tr> <td>Subtitle 3: General Care and Control</td> <td></td> </tr> <tr> <td>§ 10-301. Rabies – Vaccinations</td> <td>$250</td> </tr> <tr> <td>§ 10-302. Rabies – Possible exposure</td> <td>$250</td> </tr> <tr> <td>§ 10-303. Humane care required</td> <td>$500</td> </tr> <tr> <td>§ 10-307. Restraints required</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$200</td> </tr> <tr> <td>2nd offense within 12 months of 1st</td> <td>$400</td> </tr> <tr> <td>3rd offense within 12 months of 1st</td> <td>$600</td> </tr> <tr> <td>§ 10-313. Animal waste</td> <td>$200</td> </tr> <tr> <td>All other provisions</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 4: Animal Protection</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 5: Public Nuisance Animals</td> <td>$200</td> </tr> <tr> <td>Subtitle 6: Wild Animals, etc.; Prohibited Animals</td> <td>$500</td> </tr> <tr> <td>Subtitle 7: Attack Dogs; Dangerous and Vicious Animals</td> <td></td> </tr> <tr> <td>§ 10-701. Attack dogs</td> <td>$1,000</td> </tr> <tr> <td>§ 10-702. Dangerous animals</td> <td>$250</td> </tr> <tr> <td>§ 10-706. Vicious animals – Keeping prohibited</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 9: Horse Riding and Driving</td> <td></td> </tr> <tr> <td>§ 10-918. Sick or injured horses</td> <td>$1,000</td> </tr> <tr> <td>All other provisions</td> <td>$200</td> </tr> <tr> <td>Title 11: Swimming Pools</td> <td></td> </tr> <tr> <td>Subtitle 3: Public Swimming Pools</td> <td>$200</td> </tr> <tr> <td>Title 12: Tobacco Products and Smoking Devices</td> <td></td> </tr> <tr> <td>Subtitle 1: Indoor Smoking</td> <td></td> </tr> <tr> <td>Person smoking</td> <td>$500</td> </tr> <tr> <td>Employer, other person in charge</td> <td>$750</td> </tr> <tr> <td>Subtitle 2: Sale of Unpackaged Cigarettes</td> <td>$500</td> </tr> <tr> <td>Subtitle 4: Placement of Tobacco Products and Smoking Devices</td> <td>$500</td> </tr> <tr> <td>Subtitle 5: Unlawful Distribution</td> <td>$500</td> </tr> <tr> <td>Subtitle 6: Flavored Tobacco Wrappings</td> <td>$500</td> </tr> <tr> <td>Subtitle 7: Mobile Vendors</td> <td>$500</td> </tr> <tr> <td>Subtitle 8: Smoking Near Playgrounds</td> <td>$500</td> </tr> <tr> <td>Subtitle 9: Nicotine Replacement Therapy Products</td> <td>$100</td> </tr> <tr> <td>Subtitle 10: Tobacco Product Use in Stadiums</td> <td></td> </tr> <tr> <td>Non-professional sporting event</td> <td>$50</td> </tr> <tr> <td>Professional sporting event</td> <td>$500</td> </tr> <tr> <td>Title 15: Ephedrine Products</td> <td></td> </tr> <tr> <td>Subtitle 2: Distribution to Minors</td> <td>$500</td> </tr> <tr> <td>Subtitle 3: Product Placement</td> <td>$500</td> </tr> <tr> <td>Title 16: Psychoactive Substances</td> <td></td> </tr> <tr> <td>Subtitle 2: Prohibited Conduct</td> <td>$1,000</td> </tr> <tr> <td>Title 19: Pesticides</td> <td>$250</td> </tr> </tbody> </table> City Code, 1976/83, art. 1, §308 Ord. 98-326 Ord. 99-487 Ord. 99-491 Ord. 99-520 Ord. 99-547 Ord. 99-548 Ord. 00-030 Ord. 00-069 Ord. 00-118 Ord. 01-172 Ord. 01-176 Ord. 02-322 Ord. 02-475 Ord. 02-476 Ord. 03-572 Ord. 03-621 Ord. 04-672 Ord. 04-854 Ord. 06-183 Ord. 06-205 Ord. 06-232 Ord. 06-247 Ord. 07-392 Ord. 07-424 Ord. 07-430 Ord. 07-623 Ord. 08-040 Ord. 08-058 Ord. 08-063 Ord. 09-100 Ord. 09-113 Ord. 09-148 Ord. 09-169 Ord. 09-171 Ord. 09-172 Ord. 09-175 Ord. 09-217 Ord. 09-232 Ord. 09-234 Ord. 09-241 Ord. 09-252 Ord. 10-268 Ord. 10-340 Ord. 10-342 Ord. 11-414 Ord. 11-478 Ord. 11-520 Ord. 11-523 Ord. 11-529 Ord. 11-572 Ord. 11-573 Ord. 12-046 Ord. 12-061 Ord. 12-065 Ord. 13-093 Ord. 13-098 Ord. 13-111 Ord. 13-157 Ord. 13-161 Ord. 14-208 Ord. 14-212 Ord. 14-237 Ord. 14-310 Ord. 15-389 Ord. 15-427 Ord. 16-440 Ord. 16-545 Ord. 16-581 Ord. 16-587 Ord. 17-015 Ord. 18-125 Ord. 18-130 Ord. 18-182 Ord. 19-217 Ord. 19-218 Ord. 19-251 Ord. 19-263 Ord. 19-264 Ord. 19-265 Ord. 20-338 Ord. 20-340 Ord. 20-337 Ord. 20-361 Ord. 20-364 Ord. 20-364A Ord. 20-430 Ord. 21-001 Ord. 21-034 Ord. 21-039 Ord. 22-110 Ord. 22-124 Ord. 22-133 Ord. 22-149 Ord. 22-163 Ord. 22-170 Ord. 23-218 Ord. 23-252

In this subtitle, the following terms have the meanings indicated. “Civil citation” means a prepayable civil citation issued under this subtitle for violation of any offense listed in <cite data-path="|1|§41-14">§ 41-14 of this subtitle</cite>. “Enforcement officer” means:a police officer; or a Special Enforcement Officer appointed under City Code <cite data-path="|19|§71-1">Article 19, § 71-1</cite> and authorized by the Police Commissioner to issue citations under this subtitle. Ord. 03-595 Ord . 22-125

The issuance and enforcement of a civil citation under this subtitle does not preclude pursuit of any other remedy or enforcement action authorized by law. Ord. 03-595

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Police Commissioner, in consultation with the Director of Finance, may adopt rules and regulations to carry out this subtitle. Ord. 03-595 Text Conformed 02/09/21 Cf. Editor’s Note to <cite data-path="|1|§40-6">§ 40-6 of this article</cite>.

An enforcement officer may issue a civil citation to any adult who the officer, on observation, report, or investigation, believes is committing or has committed an offense listed in <cite data-path="|1|§41-14">§ 41-14 of this subtitle</cite>. Notwithstanding any other provision of the City Code to the contrary, notice need not be given before issuance and enforcement of a civil citation under this subtitle. Ord. 03-595

The civil citation shall be in the form specified by the Chief Judge of the District Court. The citation shall contain:the name and address, if known, of the person charged; the violation with which the person is charged, including a narrative statement of the cause for issuing the citation; the time when and place where the violation occurred; the amount of the fine; the manner and time within which the person must either:pay the fine specified in the citation; or request a trial on the violation. The citation also shall contain a certification, signed by the issuing enforcement officer under penalties of perjury, that the facts contained in it are true to the best of the officer’s information, knowledge, and belief. Ord. 03-595

The citation may be served on the person charged by 1 of the following methods:in person; by certified mail, return receipt requested; by delivery to a person of suitable age and discretion who resides at the last-known address of the person charged; or for service on an occupant of the premises at which the violation occurred, by:posting on the main entrance of the premises; and mailing by regular mail to the person charged, at that person’s last-known address. The enforcement officer shall retain a copy of the citation and file it with the Department of Finance. Ord. 03-595

On certification, issuance, and service, the citation:constitutes full and complete notice of the violation charged in it; and is prima facie evidence of the facts contained in it. The issuance of the civil citation is not appealable to any City board or agency. Ord. 03-595

The fine specified in a civil citation is due and payable by the date specified in the citation. The date specified must be at least 30 days from the date the citation is issued. The fine shall be paid to the Director of Finance. Ord. 03-595

The person charged under a civil citation may elect to stand trial for the alleged violation by filing with the Director of Finance, at least 5 days before the due date of the fine, a notice of intent to stand trial. On timely receipt of a notice of intent to stand trial, the Director of Finance shall send a copy of the notice and of the citation to the District Court. On receipt of the notice and citation, the District Court shall:schedule the case for trial; and notify all parties of the trial date. Ord. 03-595

A person charged under a civil citation is in default and is conclusively considered to have admitted liability for the violation charged if the person neither:pays the fine specified in the citation by its due date; nor files a timely notice of intent to stand trial. On a default, the Director of Finance shall send a default notice to the person charged, at that person’s last-known address. If the fine specified in the citation is not paid within 15 days of the date of the default notice, the person is liable to the City for both:the fine specified in the citation; and a default penalty equal to the lesser of:$1,000; or 3 times the fine specified in the citation. If the fine and default penalty are not paid within 35 days of the date of the default notice, the Director of Finance may request the District Court to adjudicate the case. On the Director=s request, the District Court shall:schedule the case for trial; and notify all parties of the trial date. Ord. 03-595

This section applies to proceedings in the District Court to enforce a civil citation issued under this subtitle. Adjudication of a civil citation is not a criminal proceeding, and a finding of guilty does not impose any civil disability ordinarily imposed by a criminal conviction. Except in the case of a default under <cite data-path="|1|§41-10">§ 41-10 of this subtitle</cite>, the City has the burden to prove, by a preponderance of the evidence, that the defendant has committed the offense charged. The defendant may be represented by counsel of her or his own choice, at her or his own expense. The defendant shall enter a plea of “guilty” or “not guilty”. The defendant may:testify on his or her own behalf; produce evidence and witnesses in his or her own behalf; and cross-examine witnesses who testify against the defendant. The court shall issue a verdict of “guilty” or “not guilty” of the offense charged. If the court finds the defendant guilty, the court may:impose on the defendant the fine and, if applicable, default penalty prescribed; impose court costs on the defendant; and suspend or defer payment of a fine or penalty under conditions, including the performance of community service, that the court sets. Ord. 03-595

Any fine or penalty imposed by the District Court under this subtitle is a judgment in favor of the City. If a defendant willfully fails to pay any fine, penalty, or costs imposed by the court, the court may punish that failure as a contempt of court. Ord. 03-595

A civil citation may be issued under this subtitle only for violation of a provision of the Baltimore City Code listed in <cite data-path="|1|§41-14">§ 41-14 of this subtitle</cite>. The prepayable civil fine for the violation of a provision is as specified next to the listing of that provision in <cite data-path="|1|§41-14">§ 41-14 of this subtitle</cite>. If a provision of law provides that the continuation or recurrence of a violation constitutes a separate offense, a separate civil citation may be issued for each separate offense. The payment of a fine or penalty under this subtitle does not relieve the offender of the duty to fully abate and correct any continuing violation or other unlawful act. Ord. 03-595

<table> <tbody> <tr> <td>§ 38-13. Counterfeit and fraudulent Baltimore City ID Cards</td> <td>$100</td> </tr> <tr> <td colspan="2">§ 42-30. Licensing violations - Penalties</td> </tr> <tr> <td>Operating without a valid business license</td> <td>$1,000</td> </tr> <tr> <td>Operating with improper business licensure</td> <td>$1,000</td> </tr> <tr> <td>Operating in violation of the terms of a business license</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Subtitle 4. Unfair, Abusive, or Deceptive Trade Practices</td> <td>$1,000</td> </tr> <tr> <td colspan="2">Subtitle 10. Motor Fuel Sales</td> </tr> <tr> <td colspan="2">§ 10-4(c). Failure to display highest credit price for motor fuel</td> </tr> <tr> <td>1<sup>st</sup> offense</td> <td>$100</td> </tr> <tr> <td>2<sup>nd</sup> offense</td> <td>$250</td> </tr> <tr> <td>3<sup>rd</sup> offense</td> <td>$500</td> </tr> <tr> <td>4<sup>th</sup> or subsequent offense</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 16. Ticket Sales – Charges by Operators and Agents</td> <td>$750</td> </tr> <tr> <td>Subtitle 17. Ticket Sales – Ticket Purchasing Software</td> <td>$750</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Subtitle 11. Fair Election Fund</td> <td>$500</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Division I. Floodplain Management</td> <td>$500</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 5-4. License Required</td> <td>$1000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Subtitle 17. Street Vendors</td> <td>$500</td> </tr> <tr> <td>Subtitle 18. Itinerant Wholesale Produce Dealers</td> <td>$50</td> </tr> <tr> <td>Subtitle 42. Human Trafficking Notice Requirements</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>Subsequent offense</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 43. Public Restrooms</td> <td>$100</td> </tr> </tbody> </table> <table> <tbody> <tr> <td colspan="2">§ 1-2. Placement {of advertising circulars} without permission</td> </tr> <tr> <td>1st offense</td> <td>$50</td> </tr> <tr> <td>2nd offense</td> <td>$100</td> </tr> <tr> <td>3rd or subsequent offense</td> <td>$500</td> </tr> <tr> <td>§ 7-2. Vehicle alarms: Prohibited devices</td> <td>$100</td> </tr> <tr> <td>Subtitle 8. Burglar Alarms - Registration and Regulation</td> <td></td> </tr> <tr> <td>§ 8-8. False alarm fees.</td> <td></td> </tr> <tr> <td>Failure to pay -</td> <td></td> </tr> <tr> <td>Residential users</td> <td>$100</td> </tr> <tr> <td>Non-residential users</td> <td>$500</td> </tr> <tr> <td>All other provisions</td> <td></td> </tr> <tr> <td>Users</td> <td>$100</td> </tr> <tr> <td>Contractors, Monitors, Others</td> <td>$500</td> </tr> <tr> <td>§ 13-1. Disorderly drinking – In general</td> <td>$500</td> </tr> <tr> <td>§ 13-2. Disorderly drinking – Parents or guardians of minors</td> <td>$150</td> </tr> <tr> <td>§ 14-2. Drinking or possessing open containers in public places – In general</td> <td>$250</td> </tr> <tr> <td>§ 14-3. Drinking or possessing open containers in public places – Parents or guardians of minors</td> <td>$150</td> </tr> <tr> <td>Subtitle 25. Loitering – General</td> <td>$50</td> </tr> <tr> <td>§ 26-6. Loitering – Drug-Free Zone</td> <td>$50</td> </tr> <tr> <td>§ 27-3. Loitering – For assignation, etc.</td> <td>$50</td> </tr> <tr> <td>§ 27-15. Loitering – Prostitution-Free Zone</td> <td>$50</td> </tr> <tr> <td>§ 32-3. Sales to minors [in proximity to liquor stores]</td> <td>$500</td> </tr> <tr> <td>§ 32-4. Inducing minor to purchase</td> <td>$500</td> </tr> <tr> <td>§ 32-5. False representation by minor</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$50</td> </tr> <tr> <td>2nd or subsequent offense</td> <td>$150</td> </tr> <tr> <td>§ 34-5. Curfews: Prohibited conduct of parents, guardians, etc.</td> <td>$50</td> </tr> <tr> <td>§ 34-6. Curfews: Prohibited conduct of establishments</td> <td>$500</td> </tr> <tr> <td>§ 39-2. Replica gun possession prohibited.</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$250</td> </tr> <tr> <td>2nd or subsequent offense</td> <td>$1,000</td> </tr> <tr> <td>§ 40-9. Dirt Bikes, etc. – Motor fuel sales</td> <td>$100</td> </tr> <tr> <td>§ 41-2. Outdoor telephones: Prohibited placement</td> <td>$500</td> </tr> <tr> <td colspan="2">Subtitle 43B. Neighborhood Nuisances and Unruly Social Events</td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>2nd or subsequent offense within 12 months of previous offense</td> <td>$1,000</td> </tr> <tr> <td>§ 45-2. Signs on or affecting public property: Posting prohibited</td> <td>$500</td> </tr> <tr> <td>§ 47-5. Nighttime soliciting</td> <td>$100</td> </tr> <tr> <td>§ 50-1. Obstructing street: racing or stunt driving</td> <td>$1,000</td> </tr> <tr> <td>§ 50-2. Obstructing street, etc., or gutter</td> <td>$50</td> </tr> <tr> <td>§ 50-3. Merchandise projecting from building</td> <td>$50</td> </tr> <tr> <td>§ 50-56. Soliciting customers.</td> <td>$100</td> </tr> <tr> <td>§ 51-2. Compliance with park rules</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$250</td> </tr> <tr> <td>2nd offense</td> <td>$500</td> </tr> <tr> <td>3rd or subsequent offense</td> <td>$1,000</td> </tr> <tr> <td>§ 59-18. Reporting {theft or loss of firearm} required</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$500</td> </tr> <tr> <td>Subsequent offense</td> <td>$750</td> </tr> </tbody> </table> <table> <tbody> <tr> <td colspan="2">§ 21-1. Rules and regulations {to protect water supply and facilities}</td> </tr> <tr> <td>Watershed Regulations</td> <td></td> </tr> <tr> <td>Polluting or depositing trash, etc., in reservoir waters or tributaries</td> <td>$500</td> </tr> <tr> <td>Trespassing or otherwise entering or traversing property in violation of rule or regulation</td> <td>$150</td> </tr> <tr> <td>Boating without a required permit or otherwise in violation of rule or regulation</td> <td>$100</td> </tr> <tr> <td>Hunting without a required permit or otherwise in violation of rule or regulation</td> <td>$100</td> </tr> <tr> <td>Fishing without a required permit or otherwise in violation of rule or regulation</td> <td>$60</td> </tr> <tr> <td>Other recreational activity (horseback riding, bicycling, picnicking, etc.) in violation of rule or regulation</td> <td>$60</td> </tr> <tr> <td>Smoking except where expressly allowed</td> <td>$75</td> </tr> <tr> <td>All other violations</td> <td>$100</td> </tr> <tr> <td>All other rules and regulations of Department to protect water supply and facilities</td> <td>$250</td> </tr> <tr> <td>§ 21-2. Suspension, etc., of certain uses</td> <td>$100</td> </tr> <tr> <td>§ 21-3. Injuring fire hydrants</td> <td>$250</td> </tr> <tr> <td>§ 21-4. Wrongful use after cut-off</td> <td>$150</td> </tr> <tr> <td>§ 21-5. Refusal of entry</td> <td>$100</td> </tr> <tr> <td>§ 21-6. Interference with equipment; illegal use of water</td> <td>$500</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Subtitle 23. Underground Conduit System</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Subtitle 10. Residential Permit Parking Program</td> <td></td> </tr> <tr> <td>§ 10-40. Falsifying or concealing information</td> <td>$500</td> </tr> <tr> <td>§ 10-41. Fraudulent obtaining, etc., permit</td> <td>$500</td> </tr> <tr> <td>§ 10-42. Counterfeiting or altering permits</td> <td>$500</td> </tr> <tr> <td>§ 10-43. Using invalid permits</td> <td>$500</td> </tr> <tr> <td>§ 10-44. Misusing visitor’s permit</td> <td>$500</td> </tr> <tr> <td>§ 10-45. Landlord abuse</td> <td>$500</td> </tr> <tr> <td>§ 10-46. Aiding another in violation</td> <td>$500</td> </tr> <tr> <td>Subtitle 16. Use-of-the-Road Regulations</td> <td></td> </tr> <tr> <td>§ 16-5. Repairing vehicles on streets</td> <td></td> </tr> <tr> <td>As a motor vehicle repair service on a public street or footway</td> <td></td> </tr> <tr> <td>1<sup>st</sup> offense</td> <td>$250</td> </tr> <tr> <td>Subsequent offense</td> <td>$350</td> </tr> <tr> <td>All other violations</td> <td></td> </tr> <tr> <td>1<sup>st</sup> offense</td> <td>$25</td> </tr> <tr> <td>Subsequent offense</td> <td>$100</td> </tr> <tr> <td>§ 16-12. Vehicles on sidewalks</td> <td>$50</td> </tr> <tr> <td>Subtitle 18. Bicycles</td> <td></td> </tr> <tr> <td>§ 18-8. Riding {bicycles} on sidewalk</td> <td>$50</td> </tr> <tr> <td>Subtitle 22. Towing Services – Accident Towing</td> <td>$750</td> </tr> <tr> <td>Subtitle 38. Dockless Vehicles</td> <td></td> </tr> <tr> <td>§ 38-7(b)(2). Exceeding the maximum number or type of dockless vehicles permitted to operate</td> <td>$1,000</td> </tr> <tr> <td>§ 38-8(a). Operating a dockless-vehicle-for-hire business without a permit</td> <td>$1,000</td> </tr> <tr> <td>§ 38-12. Failure of provider to provide required data or reports</td> <td>$1,000</td> </tr> <tr> <td>§ 38-15. Failure of provider to notify of data breach</td> <td>$1,000</td> </tr> <tr> <td>§ 38-18. Unlawful operation of e-bike or e-scooter</td> <td>$20</td> </tr> <tr> <td>§ 38-19. Unlawful parking of dockless vehicle</td> <td>$20</td> </tr> <tr> <td>§ 38-21. Display of advertisements on dockless vehicles</td> <td>$1,000</td> </tr> <tr> <td>§ 38-22. Provider operational responsibilities:</td> <td></td> </tr> <tr> <td>Item (1). Failure to maintain 24-hour customer service phone support</td> <td>$1,000</td> </tr> <tr> <td>Item (2). Failure to remove dockless vehicles from public rights-of-way between dusk and dawn, as determined in rules and regulations</td> <td>$500</td> </tr> <tr> <td>Item (3). Failure to ensure that dockless vehicles are parked as required by law, rule, or regulation</td> <td>$500</td> </tr> <tr> <td>Item (4). Failure to remove or reposition illegally parked dockless vehicles within required time</td> <td>$500</td> </tr> <tr> <td>Item (5). Failure to ensure that dockless vehicles adhere to national safety standards</td> <td>$1,000</td> </tr> <tr> <td>Item (6). Failure to ensure that provider operations adhere to equitable access requirements</td> <td>$1,000</td> </tr> <tr> <td>Item (7). Failure to comply with any other requirement established by the Director</td> <td>$1,000</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 19-101. Prohibited conduct</td> <td>$500</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 108.6. Maintenance: Overcrowding</td> <td></td> </tr> <tr> <td>1-99 persons over capacity</td> <td>$250</td> </tr> <tr> <td>100-199 persons over capacity</td> <td>$500</td> </tr> <tr> <td>200 or more persons over capacity</td> <td>$1,000</td> </tr> <tr> <td>§ 405.2. Emergency Evacuation Drills: Frequency</td> <td></td> </tr> <tr> <td>405.2.3. Buildings housing seniors and individuals requiring mobility devices</td> <td>$1000</td> </tr> <tr> <td>§ 1001.2. Means of Egress: Minimum requirements</td> <td>$250</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>§ 305.9. Snow and ice on sidewalks</td> <td></td> </tr> <tr> <td>Residential properties</td> <td>$50</td> </tr> <tr> <td>Commercial properties</td> <td>$100</td> </tr> </tbody> </table> <table> <tbody> <tr> <td>Title 3: Health Facilities</td> <td></td> </tr> <tr> <td>Subtitle 5: Limited-Service Pregnancy Centers</td> <td>$150</td> </tr> <tr> <td>Title 5: Nuisance Control</td> <td></td> </tr> <tr> <td>Subtitle 5: Bodily Wastes</td> <td></td> </tr> <tr> <td>§ 5-501. Spitting</td> <td>$100</td> </tr> <tr> <td>§ 5-503. Urinating, etc. - In general</td> <td>$500</td> </tr> <tr> <td>§ 5-504. Urinating, etc. - Parents</td> <td>$150</td> </tr> <tr> <td>Title 7: Waste Control</td> <td></td> </tr> <tr> <td>Subtitle 2: Solid Waste Collection</td> <td>$100</td> </tr> <tr> <td>Subtitle 4: Landfills</td> <td>$200</td> </tr> <tr> <td>Subtitle 6: Prohibited Disposal</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 7: Littering</td> <td>$500</td> </tr> <tr> <td>Title 8: Air Pollution</td> <td>$100</td> </tr> <tr> <td>Subtitle 3: Gas-Powered Debris Removal Equipment</td> <td></td> </tr> <tr> <td>§ 8-302. Prohibition of gas-powered debris removal equipment</td> <td></td> </tr> <tr> <td>Subsequent offense</td> <td>$250</td> </tr> <tr> <td>Title 9: Noise Regulation</td> <td></td> </tr> <tr> <td>Subtitle 2: Basic Sound Level Standards</td> <td>$100</td> </tr> <tr> <td>Subtitle 3: Entertainment and Commercial Noise</td> <td>$50</td> </tr> <tr> <td>Subtitle 4: Amplified Sounds in Market Center</td> <td>$50</td> </tr> <tr> <td>Title 10: Animal Control and Protection</td> <td></td> </tr> <tr> <td>Subtitle 1: General Provisions</td> <td></td> </tr> <tr> <td>§ 1-112. Obstructing, etc., officer; False statements</td> <td>$500</td> </tr> <tr> <td>Subtitle 2: Licensing</td> <td></td> </tr> <tr> <td>Part I. Dog and Cat Licenses</td> <td>$100</td> </tr> <tr> <td>Part II. Facility Licenses</td> <td></td> </tr> <tr> <td>Animal fanciers</td> <td>$100</td> </tr> <tr> <td>All other facilities</td> <td>$250</td> </tr> <tr> <td>Subtitle 3: General Care and Control</td> <td></td> </tr> <tr> <td>§ 10-301. Rabies – Vaccinations</td> <td>$250</td> </tr> <tr> <td>§ 10-302. Rabies – Possible exposure</td> <td>$250</td> </tr> <tr> <td>§ 10-303. Humane care required</td> <td>$500</td> </tr> <tr> <td>§ 10-307. Restraints required</td> <td></td> </tr> <tr> <td>1st offense</td> <td>$200</td> </tr> <tr> <td>2nd offense within 12 months of 1st</td> <td>$400</td> </tr> <tr> <td>3rd offense within 12 months of 1st</td> <td>$600</td> </tr> <tr> <td>§ 10-313. Animal waste</td> <td>$200</td> </tr> <tr> <td>All other provisions</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 4: Animal Protection</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 5: Public Nuisance Animals</td> <td>$200</td> </tr> <tr> <td>Subtitle 6: Wild Animals, etc.; Prohibited Animals</td> <td>$500</td> </tr> <tr> <td>Subtitle 7: Attack Dogs; Dangerous and Vicious Animals</td> <td></td> </tr> <tr> <td>§ 10-701. Attack dogs</td> <td>$1,000</td> </tr> <tr> <td>§ 10-702. Dangerous animals</td> <td>$250</td> </tr> <tr> <td>§ 10-706. Vicious animals – Keeping prohibited</td> <td>$1,000</td> </tr> <tr> <td>Subtitle 9: Horse Riding and Driving</td> <td></td> </tr> <tr> <td>§ 10-918. Sick or injured horses</td> <td>$1,000</td> </tr> <tr> <td>All other provisions</td> <td>$200</td> </tr> <tr> <td>Title 12: Tobacco Products and Smoking Devices</td> <td></td> </tr> <tr> <td>Subtitle 1: Indoor Smoking</td> <td></td> </tr> <tr> <td>Person smoking</td> <td>$500</td> </tr> <tr> <td>Employer, other person in charge</td> <td>$750</td> </tr> <tr> <td>Subtitle 2: Sale of Unpackaged Cigarettes</td> <td>$500</td> </tr> <tr> <td>Subtitle 4: Placement of Tobacco Products and</td> <td></td> </tr> <tr> <td>Smoking Devices</td> <td>$500</td> </tr> <tr> <td>Subtitle 5: Unlawful Distribution</td> <td>$500</td> </tr> <tr> <td>Subtitle 6: Flavored Tobacco Wrappings</td> <td>$500</td> </tr> <tr> <td>Subtitle 7: Mobile Vendors</td> <td>$500</td> </tr> <tr> <td>Subtitle 8: Smoking Near Playgrounds</td> <td>$500</td> </tr> <tr> <td>Subtitle 9: Nicotine Replacement Therapy Products</td> <td>$100</td> </tr> <tr> <td>Subtitle 10: Tobacco Product Use in Stadiums</td> <td></td> </tr> <tr> <td>Non-professional sporting event</td> <td>$50</td> </tr> <tr> <td>Professional sporting event</td> <td>$500</td> </tr> <tr> <td>Title 16: Psychoactive Substances</td> <td></td> </tr> <tr> <td>Subtitle 2. Prohibited Conduct</td> <td>$1,000</td> </tr> <tr> <td>Title 19: Pesticides</td> <td>$250</td> </tr> </tbody> </table> Ord. 03-595 Ord. 04-672 Ord. 04-675 Ord. 04-683 Ord. 06-183 Ord. 06-205 Ord. 06-232 Ord. 06-247 Ord. 06-316 Ord. 07-392 Ord. 07-430 Ord. 08-040 Ord. 08-058 Ord. 08-063 Ord. 08-065 Ord. 08-077 Ord. 09-100 Ord. 09-148 Ord. 09-172 Ord. 09-234 Ord. 09-252 Ord. 10-340 Ord. 11-478 Ord. 11-523 Ord. 11-573 Ord. 12-046 Ord 12-061 Ord. 12-065 Ord. 13-093 Ord. 13-111 Ord. 13-157 Ord. 13-161 Ord. 14-208 Ord. 14-212 Ord. 14-237 Ord. 14-310 Ord. 15-389 Ord. 15-427 Ord. 15-435 Ord. 16-440 Ord. 16-503 Ord. 16-545 Ord. 16-581 Ord. 16-586 Ord. 16-593 Ord. 17-015 Ord. 19-218 Ord. 19-251 Ord. 19-263 Ord. 19-264 Ord. 20-338 Ord. 20-340 Ord. 20-353 Ord. 20-361 Ord. 20-364A Ord. 20-430 Ord. 21-034 Ord. 22-124 Ord. 22-170

In this subtitle, the following terms have the meanings indicated. “Board” means the Baltimore City Board of Consumer Protection and Business Licensing. “Business” means any person engaged in an enterprise for profit that operates in Baltimore City. “Complainant” means the person who initiated a complaint to the Department of Consumer Protection and Business Licensing under this subtitle. “Department” means the Baltimore City Department of Consumer Protection and Business Licensing. “Director” means the Director of the Baltimore City Department of Consumer Protection and Business Licensing or the Director’s designee. “Respondent” means a business that is the subject of a complaint under this subtitle. “Unfair, abusive, or deceptive trade practices” has the meaning stated in Title 13 of the State Commercial Law Article.

There is a Baltimore City Department of Consumer Protection and Business Licensing.

The purpose of the Department is: to centralize the administration of City business licenses, permits, and practices specified in subsection § 42-9 {“Business practices under oversight of the Department – Listing”} of this subtitle; to ensure compliance with City licensing requirements; to ensure City businesses are properly licensed and operating in accordance with City law; to investigate claims of unfair, abusive, or deceptive trade practices; and to enforce business licensing and consumer protection provisions of the City Code.

The Department may: administer, oversee, and enforce City business licenses, permits, and practices, including business processes and related licenses created by the subtitles specified in § 42-9 {“Business practices under oversight of the Department – Listing”} of this subtitle; receive complaints and take action to investigate complaints of:businesses operating without a license; businesses operating with improper licensing; businesses violating the terms of a business license; and unfair, abusive, or deceptive trade practices against consumers under City Code Article 2, Subtitle 4 {“Unfair, abusive, or deceptive trade practices”}; set licensing fees, with the approval of the Board of Estimates; bring enforcement actions against a business for violating City law, including initiating a hearing before the Board of Consumer Protection and Business Licensing; issue summonses and subpoenas during an investigation under this subtitle; issue environmental citations, as described under subtitle 40 of this article; issue civil citations, as described under subtitle 41 of this article; report to any appropriate government agency with jurisdiction any information concerning violation of any consumer protection law; and advise the Mayor and City Council on issues relevant to City business licensing and consumer protection.

The Director is responsible for the administration and oversight of the Department. The Director is appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. The Director shall receive such salary as may be provided for in the Ordinance of Estimates.

The Department may employ staff in accordance with the Ordinance of Estimates. The Department may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director must adopt rules and regulations to carry out this subtitle.

On or before June 30 of each year, the Department must submit an annual report for the previous calendar year to the Mayor and City Council that details: the activities of the Department; and complaints received by the Department, including the following information:number of complaints filed and investigated by the Department; number of investigations initiated by the Department; nature of complaints filed with the Department; and the disposition or resolution of each complaint or investigation; and recommendations for additional legislation and policy to regulate business licensing and protect consumers.

The Department is responsible for the administration, oversight, and enforcement of the business processes, related licenses, and prohibitions created by the subtitles listed below: Subtitle 1. Auctions Subtitle 4. Unfair, Abusive, or Deceptive Trade Practices Subtitle 6. “Going Out of Business” Sales Subtitle 7. Scrap Collectors and Scavengers Subtitle 8. Scrap Metal Dealers Subtitle 10. Motor Fuel Sales Subtitle 11. Pawnbrokers Subtitle 12. Second-Hand Property, Antiques, and Consignment Goods Subtitle 13. Licensing of Peep Show Establishments Subtitle 2. Amusements Subtitle 3. Amusement Device Location Permits Subtitle 6. Carriages, Wagons, Boats, and Scows Subtitle 7. Employment Agencies Subtitle 9. Late-Night Commercial Operations Subtitle 11. Massage Establishments Subtitle 12. Commercial Parking Facilities Subtitle 13. Special-Event Parking Lots Subtitle 15. Street Entertainers Subtitle 17. Street Vendors Subtitle 18. Itinerant Wholesale Produce Dealers Subtitle 20. Transient Merchants Subtitle 22. Towing Services – Trespass Towing

There is a Board of Consumer Protection and Business Licensing.

The Board comprises the following 5 members, appointed by the Mayor in accordance with Article IV, § 6 {“Appointments of municipal officers.”} of <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite>:1 member nominated in consultation with the President of the City Council; 1 member nominated in consultation with the City Comptroller; and 3 members named by the Mayor, at least 2 of whom must be members of the Maryland Bar. A Board member must:be an individual of known personal integrity; possess a recognized knowledge in business licensing or consumer protection; and be a resident of the City of Baltimore. The Director shall designate Department staff to assist the Board in carrying out its functions.

A Board member shall serve a term of 4 years, concurrent with the terms of the Mayor and the City Council and, at the end of a term, a Board member continues to serve until a successor is appointed and qualified. The members of the Board shall annually elect a chair from among the members of the Board. If there is a vacancy in the membership of the Board, the new member shall be appointed in the same manner as the previous member. The members of the Board shall receive no compensation for their services on the Board, but shall be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties. The Board shall meet at least monthly. A majority of the members of the Board constitutes a quorum for the transaction of business. Any appointed member of the Board who fails to attend 4 consecutive meetings without good cause, as determined by the Mayor, shall be deemed to have resigned.

The Board shall adjudicate all hearings of the Department, unless otherwise provided by law. In coordination and consultation with the Department, the Board shall:review and propose improvements to existing City rules, regulations, and laws with respect to business licensing and consumer protection; research and recommend new programs and training that could be delivered to consumers and businesses; and evaluate current programs and proposed legislation to determine their impact on consumers and businesses. As appropriate, the Board may hold informational hearings and undertake surveys and studies to:evaluate existing City policies and procedures in regard to business licensing and consumer protection; and make recommendations for the improvement of existing policies and procedures to the Director. The Board shall submit an annual report on its activities to the Department to be included in the Department’s annual report to the Mayor and City Council, as described in § 42-8 {“Annual report”} of this subtitle.

Any person may file a written complaint with the Department alleging that a business is:operating without a license; operating with improper licensure; violating the terms of a business license; or engaging in unfair, abusive, or deceptive trade practices against consumers. A complaint filed under this subsection must be in the form required by the Director. The Director may issue a written complaint alleging that a business is committing or has committed 1 or more of the acts described under § 42-28(a) {“Investigation procedures: Initiation of investigation”}.

Upon receipt or issuance of a complaint, the Department must, via regular mail, send a copy of the complaint to the business named in the complaint. The business named in the complaint shall be the respondent. For a complaint filed under § 42-26(a) {“Commencement of action: On complaint of other”} of this subtitle, the Director must redact from the copy sent to the respondent:the complainant’s name; and to the fullest extent possible, any other information that might identify the complainant.

The Department shall investigate a complaint alleging that a business is:operating without a license; operating with improper licensure; or violating the terms of a business license; or engaging in unfair, abusive, or deceptive trade practices. If a complaint is not within the jurisdiction of the Department under subsection (a) of this section, the Department shall dismiss the complaint and, if appropriate, refer the complaint to another entity with jurisdiction over the matter. If a complaint is dismissed under this subsection, the Department shall promptly notify the complainant and respondent. Upon receipt or issuance of a complaint, the Department shall promptly investigate the complaint. In the course of an investigation, the Department may issue a subpoena to require any person to:produce information, documents, reports, records, accounts, or any other evidence related to the allegations in the complaint; and appear under oath to give testimony related to the allegations in the complaint. The Director may administer oaths as permitted under this section. The Department shall prepare a written report of findings as soon as practicable after the conclusion of the investigation.

If the Director determines that the report of findings contains information tending to substantiate an allegation in the complaint, the Director may, as appropriate for the nature of the offense and subject to other applicable law, take 1 or more of the following actions:refer the complaint for a hearing before the Board; issue a civil citation; issue an environmental citation; provide the respondent with the opportunity to remedy the behavior at issue in the complaint; and pursue any other legal or equitable relief or enforcement available under the law. If the Director determines that the report of findings does not contain information that tends to substantiate an allegation in the complaint, the Director shall dismiss the complaint and, if appropriate, refer the complaint to another entity with jurisdiction over the matter. If the Department dismisses a complaint under this subsection, the Director shall promptly notify the complainant and respondent of the dismissal. Before revoking or suspending a license, the Department must provide notice and opportunity for a hearing before the Board, unless otherwise provided by law.

In lieu of any other civil or criminal remedy or enforcement procedure, a person operating a business that is required to be licensed by one of the subtitles listed under § 42-9 of this subtitle may be issued a civil citation for:operating a business without a license; operating a business with an improper license; and operating a business in violation of the terms of a license. The issuance of a citation to enforce the provisions of a business license created in the subtitles listed under § 42-9 of this subtitle does not preclude the City from pursuing any other civil or criminal remedy or enforcement action authorized by law.

If the Director refers a complaint for a hearing before the Board under § 42-29 {“Director’s action upon completed report of findings”} of this subtitle, the Board must provide the respondent with notice and an opportunity for a hearing before the Board. In any hearing conducted by the Board, the respondent is entitled to be represented by counsel. The Board may issue a subpoena to require any person to:produce information, documents, reports, records, accounts, or any other evidence; and appear under oath to testify. The Chair may administer oaths as permitted under this subtitle.

If, upon consideration of the entire record produced at the hearing, the Board finds by a preponderance of the evidence that the respondent has violated the City Code, the Board may, as appropriate for the nature of the offense and subject to other applicable law, take 1 or more of the following actions:issue an order directing the respondent to cease and desist from the violation; issue a reprimand; revoke or suspend the respondent’s license; report to any appropriate government agency with jurisdiction any information concerning a violation of any law; order the respondent to restore money or property to the person who made the complaint; order the respondent to pay any costs of investigation or related activities of the Department; impose and order the respondent to pay any relevant civil penalty authorized by law; and take any other action that would:assist the person who made the complaint in obtaining relief; or prevent future violations of law. In ordering any remedy, the Board shall consider:the severity of the violation; the severity of any harm to consumers; the motives of the respondent; any previous violations by the same business or business owner; whether the remedy will deter future misconduct; and whether a stop order or restitution would sufficiently protect consumers or the person who made the complaint.

If any person does not comply with any subpoena issued under this subtitle, the Director may enforce the subpoena by seeking injunctive or other appropriate relief in a court of competent jurisdiction. The Director may bring an action in any court of competent jurisdiction to recover any civil penalty imposed by the Director or the Board. The Director may bring an action in any court of competent jurisdiction to enforce any order, decision, or other enforcement action of the Board. The Director may seek injunctive or other appropriate relief in a court of competent jurisdiction to enforce any provision of law under the Department’s jurisdiction.

The Office of the City Solicitor shall reasonably assist the Department and Board in carrying out the Department’s and Board’s respective duties under this subtitle, including in any judicial enforcement action. Nothing in this subtitle shall limit the authority of the Office of the City Solicitor to bring an enforcement action under City Code Article 2, Subtitle 4 {“Unfair, abusive, or deceptive trade practices”}. The Department and Board may request the assistance of other City departments as necessary to carry out the Department and Board’s respective duties under this subtitle.

A respondent or other person aggrieved by a final decision of the Board or Director under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.

To the extent permitted by the Maryland Public Information Act, after a complaint is filed:the proceedings, meetings, and activities of the Department, the Board, and the Department’s staff relating to the complaint are confidential; and neither the Department, the Board, nor the Department’s staff may disclose any information relating to the complaint, including the identity of the complainant or the respondent. The Department may release any information other than the complainant’s identity if the respondent has agreed in writing to the release. The Department may disclose the complainant’s identity to the respondent if the complainant has agreed in writing to the release. To the extent permitted by the Maryland Public Information Act, the confidentiality protections imposed by this section terminate when the Director or Board determines that the respondent or another person has violated any provision of the City Code under the Department’s jurisdiction.

There is a Commission on HIV/AIDS. Ord. 03-516

The Commission consists of 34 members. Of these, 22 members are appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the Baltimore City Charter</cite>, 4 members are appointed by the President of the City Council, and 8 members serve ex officio. Of the 26 appointed members, 2 shall be appointed from each of the following categories:Charitable foundations (2 by Mayor). Business community (2 by Mayor). Faith community (1 by Mayor, 1 by Council President). Recovery community (2 by Mayor). Community-based organizations (2 by Mayor). Local universities and university researchers (1 by Mayor, 1 by Council President). Community, infected and affected (1 by Mayor, 1 by Council President). Physicians (2 by Mayor). Prevention providers (1 by Mayor, 1 by Council President). Treatment providers (2 by Mayor). Mental health providers (2 by Mayor). Correctional institution (2 by Mayor). Criminal justice system, including juvenile justice (2 by Mayor). The 8 ex-officio members of the Commission are the following or their designated representatives:Secretary of Health and Mental Hygiene. Director of State AIDS Administration. President of the Baltimore City Board of School Commissioners. Health Commissioner. a person appointed by the Health Commissioner. President of the City Council. Director of the Department of Social Services. Commissioner of Housing. Ord. 03-516

Appointed members serve for a term of 4 years concurrent with the Mayor’s term of office. Members serve without compensation. At the end of a term, an appointed member serves until a successor is appointed and qualifies. A member who is appointed after a term has begun serves out the rest of the term and until a successor is appointed and qualifies. The Commission shall meet on the call of the Mayor or its Chair. A majority of the members of the Commission constitutes a quorum for the transaction of business, and an affirmative vote by the majority of a quorum is sufficient for any official action. The Commission may adopt rules to govern its meetings and operations. The Mayor shall designate an appointed member as Chair of the Commission. The Chair may select other officers. Ord. 03-516

The Commission shall: assess and maintain an accurate demographic profile on HIV/AIDS incidence and prevalence rates; design and develop a Strategic Plan for Baltimore, with input from key stakeholders in the community, and provide leadership to implement the Strategic Plan; recommend appropriate legislation and other actions to control, treat, and prevent the further spread of HIV/AIDS in Baltimore; provide policy guidance, recommendations, and consultation to the City Health Department and the City’s health community on the best prevention and treatment programs available to protect our citizens; serve as advocates for program development and funding for programs most productive for Baltimore; and keep the City Council and the Mayor informed of critical HIV/AIDS prevention strategies and programs. Ord. 03-516

There is a Baltimore Benefits Commission. Ord. 04-890

The Commission consists of 21 members. Of these:19 members serve ex officio; and 2 members are appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the Baltimore City Charter</cite>. The ex officio members are the following or their designated representatives:Mayor. President of the City Council. Director, Department of Human Resources. Labor Commissioner. Director, Department of Finance. Budget Chief, Department of Finance. Chief, Fire Department Executive Director, Commission on the Aging and Retirement Education. Executive Director, Employees’ Retirement System. Executive Director, Fire and Police Employees’ Retirement System. President, Metropolitan Baltimore Council, AFL-CIO. President, Managerial and Professional Society of Baltimore, Inc. President, Baltimore Teachers Union. President, City Union of Baltimore. President, American Federation of State, County, and Municipal Employees, Local 44. President, Baltimore Fire Fighters Association, Local 734. President, Baltimore City Fire Fighters, Local 964. President, Fraternal Order of Police, Lodge #3. Commissioner, Baltimore City Police Department. Of the appointed members:1 must be an active City employee; and 1 must be a retired City employee. Ord. 04-890 Ord. 09-165

The Mayor shall designate a member as Chair of the Commission. The Chair may select other officers. A majority of the members of the Commission constitutes a quorum for the transaction of business An affirmative vote by the majority of a quorum is sufficient for any official action. The Commission may adopt rules to govern its meetings and operations. Ord. 04-890

In consultation with the Commission, the Director of Finance shall assign staff from the Department of Finance to assist the Commission in its efforts. Ord. 04-890

The Commission shall: study and monitor the compensation and other benefits (including health, retirement, life and disability insurance, and other benefits) provided or, from time to time, proposed to be provided by the City to its employees and retirees; and on or before June 30 of each year, submit a report to the Board of Estimates recommending specific methods to:improve communications between administrators and beneficiaries concerning available benefits and proposed changes to them; and generally improve the administration of benefits for employees and retirees. Ord. 04-890

Any information that the Commission requests from a City department or agency shall be provided to the Commission in a timely manner, so as not to impede the Commission’s purpose and function. The City Department of Human Resources shall make available to the Commission the findings of all health care or prescription drug plans that pertain to City employees and retirees. Ord. 04-890

In this subtitle, “veteran” means a person who: served in the active military service of:the Army, Navy, Marine Corps, or Air Force; the Coast Guard, Public Health Service Commissioned Corps, or Merchant Marines; the Army, Air, or State National Guard; or a reserve component of one of these services; and was released from that service other than by dishonorable discharge. Ord. 06-362

There is a Baltimore City Veterans Commission. The Commission comprises 11 members, who shall be appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. The 11 members shall include:4 members recommended by the President of the City Council; the Police Commissioner or the Commissioner’s designee; and the Fire Chief or the Chief’s designee. Except as provided in this subsection. each appointed member must be a veteran. Of the 4 members recommended by the City Council President, 1 shall be a member of the City Council, who need not be a veteran. The Police Commissioner or designee and the Fire Chief or designee need not be veterans. Ord. 06-362 Ord. 12-002

The Veterans Commission is dedicated to: providing assistance to veterans who reside in the City, are employed by the City, or are retired City employees, and their families, when in need; and working with the Mayor and City Council, veterans groups, and others on policies, programs, and concerns related to veterans and their families. Ord. 06-362

Commission members serve for a term of 4 years, concurrent with the terms of the Mayor and the City Council. At the end of a term, a member continues to serve until a successor is appointed and qualifies. The members of the Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. Ord. 06-362 Ord. 16-503

The Commission shall meet at the call of the Chair as frequently as required to perform its duties. A majority of the members of the Commission constitutes a quorum for the transaction of business. An affirmative vote by the majority of a quorum is needed for any official action. The Commission may adopt rules of procedure to govern its meetings and operations. If any member is absent from regularly scheduled meetings more than 3 times in 1 year, not counting absences excused by the Chair:the member is considered to have resigned; and the Chair shall request that member’s appointing authority to fill the resultant vacancy. Ord. 06-362

The Commission may appoint a properly qualified person as its Executive Director. The Executive Director is entitled to a salary, as provided in the Ordinance of Estimates. The Executive Director shall perform the duties that the Commission prescribes. The Executive Director may employ a staff as provided in the Ordinance of Estimates. Staff members shall be members of the classified service. The Commission may engage the services of volunteer workers and consultants, without salary, as it considers necessary from time to time. The Commission may expend funds as authorized in the Ordinance of Estimates or in any supplemental appropriations. Ord. 06-362

The Commission shall assist veterans who reside in the City, are employed by the City, or are retired City employees, and their families, in matters relating to:educational training and retraining services and facilities; health, medical, and rehabilitation services and facilities; special rights and privileges provided by federal, state, and local laws and regulations; employment and reemployment services; and other matters of a related or similar nature. The Commission shall serve as a resource for information relating to veterans’ issues. The Commission shall undertake and support activities and programs to:increase community awareness of veterans’ rights; honor and memorialize deceased veterans; and honor those currently serving in the armed forces. Ord. 06-362

At the request of the Commission, all City officials and agencies shall cooperate with the Commission and extend the services and facilities that the Commission requires. Ord. 06-362

There is a Baltimore City Hispanic Commission. The Commission comprises 13 voting members, appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. 1 of the voting members shall be a member of the City Council, nominated by the City Council President. At least 7 of the voting members shall be representatives of the Hispanic community in Baltimore City. The following non-voting members also serve on the Commission:a representative of the Mayor’s Office; the Director of the Department of Public Works, or the Director’s designee; the Commissioner of Housing and Community Development, or the Commissioner’s designee; the Director of the Department of Health, or the Director’s designee; and the CEO of the Baltimore City Public School System, or the CEO’s designee. Ord. 07-620 Ord. 12-048

The Hispanic Commission is dedicated to: Identifying and defining issues concerning the rights and needs of Baltimore’s Hispanic Community. Advising the Mayor and City agencies on the development of relevant policies, plans, and programs that affect Hispanics. Advising the City Council on issues of concern to the City’s Hispanic community. Establishing and maintaining relationships with city agencies and members of the private sector. Creating a central source of information for Baltimore’s Hispanic Community. Reviewing and commenting on any proposed legislation, regulation, policy, or program that affects the Hispanic population. Ord. 07-620

Commission members appointed by the Mayor serve for a term of 4 years, concurrent with the term of the Mayor. The member appointed from the City Council serves for a term concurrent with that member’s term on the City Council. At the end of a term, a member continues to serve until a successor is appointed and qualifies. The members of the Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. A member appointed to fill a vacancy must meet the same qualifications for appointment as the member being succeeded. A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. Ord. 07-620 Ord. 16-503

The Mayor shall designate a voting member of the Commission to serve as the Chair of the Commission. Members of the Commission shall by majority vote select any other officers they consider necessary or appropriate. The Chair may appoint committees to assist the Commission in carrying out its functions and duties. Ord. 07-620

The Commission shall meet at the call of the Chair as frequently as required to perform its duties. A majority of the voting members of the Commission constitutes a quorum for the transaction of business. An affirmative vote by the majority of a quorum is needed for any official action. The Commission may adopt rules of procedure to govern its meetings and operations. If any member is absent from regularly scheduled meetings more than 3 times in 1 year, not counting absences excused by the Chair:the member is considered to have resigned; and the Chair shall request the Mayor to fill the resultant vacancy. Ord. 07-620

The Commission may appoint a properly qualified person as the Executive Director of the Commission, to serve for a term of 4 years concurrent with the term of the Mayor. The Executive Director is entitled to a salary, as provided in the Ordinance of Estimates. The Executive Director shall perform the duties that the Commission prescribes. The Executive Director may employ a staff as provided in the Ordinance of Estimates. Staff members shall be members of the classified service. The Commission may engage the services of volunteer workers and consultants, without salary, as it considers necessary from time to time. The Commission may expend funds as authorized in the Ordinance of Estimates. Ord. 07-620

The Commission shall assist Hispanics who reside in the City in matters relating to:education or workforce training; health and medical services; special rights and privileges provided by federal, state, and local laws and regulations; employment; and any other matters. The Commission shall serve as a resource for information relating to issues affecting Baltimore Hispanics. The Commission shall:conduct research, policy analysis, and public information and education programs on issues affecting Hispanics; and institute and conduct other programs, meetings, and conferences to promote equal rights and opportunities for Hispanics The Commission shall:review and monitor the conditions of Hispanics in the workforce in Baltimore City; and direct attention to the problems facing Hispanics in the workforce. The Commission shall:advise and counsel the Mayor, the City Council, and the various departments and agencies of the City on all issues of concern to the Hispanic community; and recommend programs and legislation it considers necessary and proper. The Commission shall review and evaluate the impact of existing and proposed policies, programs, and legislation affecting Hispanics. The Commission shall act as a representative of the Mayor and City Council in dealing with the private sector and with other governments in an effort to develop additional private and public resources to provide better programs for the Hispanic community. Ord. 07-620

At the request of the Commission, all City officials and agencies shall cooperate with the Commission and extend the services and facilities that the Commission requires, to the extent that the officials and agencies are able to do so given their personnel and budgets as provided in the Ordinance of Estimates. Ord. 07-620

The Commission shall submit to the Mayor an annual report on its activities. Ord. 07-620

In this subtitle, the following words have the meanings indicated. “Covered entity” means any municipal agency, as defined in <cite data-path="|1|§2|(j)">Article 1, § 2(j) of the City Charter</cite>, that delivers a direct public service. “Designated Citywide language” means a language that, according to United States Census data, is the primary language used by at least 3 percent of the City’s total population or 500 LEP individuals, whichever is less. “Direct public service” means the provision of a good or service, including monetary goods, by a covered entity. “Grant” means funds, regardless of source, that are controlled by the City and allocated from the City to a grantee for a specific purpose. “Grantee” means a legal entity to which a grant is made. “Language access services” means the methods used by a covered entity to limit language barriers and provide LEP individuals with meaningful access. “Limited English Proficient individual” or “LEP individual” means:an individual who does not speak English as the individual’s primary language; and an individual who has a limited ability to read, speak, write, or understand English. “Major public contact” means the employees and representatives of a covered entity who interact with members of the public at least twice in an average workday. “Meaningful access” means an LEP individual has the ability to use timely, accurate, and effective language access services at no cost to the individual in order to receive services and benefits comparable to those enjoyed by English proficient individuals. “MIMA” means the Mayor’s Office of Immigrant Affairs or its successor agency. “Subgrant” means an allocation of grant funds by a grantee to a separate legal entity. “Subgrantee” means a legal entity to which a subgrant is awarded. “Vital document” means any form, permit, record, or other official document produced by the City that an individual applying for a service or benefit from a covered entity must understand, respond to, or complete to access or continue to access a direct public service.

A covered entity with major public contact shall provide an LEP individual with meaningful access to all of the covered entity’s services and programs. A covered entity with major public contact shall designate, in consultation with the Department of Human Resources, where required, at least 1 employee to be the language access liaison for the covered entity. A language access liaison shall:consult with MIMA and the director of the covered entity to develop a Language Access Plan as required under subsection (c) of this section. continually assess the covered entity’s Language Access Plan for effectiveness and initiate changes, if needed; and coordinate the preparation and submission of the annual report required under § 53-4 of this subtitle. In consultation with MIMA, the language access liaison and director of a covered entity with major public contact shall develop and implement a Language Access Plan. A Language Access Plan shall include:a description of how the covered entity will implement its language access services; the methods the covered entity will use to monitor the covered entity’s compliance with:the Language Access Plan; the provisions of this subtitle; and any other applicable laws, rules, and regulations regarding language access; the types of oral language services that the covered entity will provide; the titles of translated documents that the covered entity will provide; the names and contact information of employees who will serve as points of contact for LEP individuals; the methods the covered entity will use to assess and evaluate the language access needs of a LEP individual attempting to access the entity’s services; and protocols to provide public notice of the availability of language services to LEP individuals. A covered entity shall make the entity’s Language Access Plan available to the public. A covered entity shall update and submit to MIMA the entity’s Language Access Plan by January 1 of every even-numbered year.

A grantee, subgrantee, or contractor with major public contact shall provide LEP individuals with meaningful access.

A covered entity shall provide the following language access services to an LEP individual: translate to each designated Citywide language and make available all City-created vital documents, including website content and other materials needed to access the entity’s services; make available oral language services in all designated Citywide languages and, when practicable, other languages, to an LEP individual seeking to participate in a program or service offered by the agency; and when practicable, hire qualified multilingual individuals into existing budgeted vacant positions that have high contact with the public.

In general. On or before October 31 of each year, each covered entity shall file an annual report with MIMA and the Department of Legislative Reference. Contents. The report required under this subsection shall include:an assessment of the covered entity’s preparation and implementation of its Language Access Plan; and data and performance metrics as required by the Director of MIMA.

Subject to the appropriation of funds in the annual Ordinance of Estimates and supplementary appropriations, MIMA shall: provide oversight, coordination, and technical assistance to a covered entity with major public contact as the covered entity prepares and implements a Language Access Plan; provide guidance to covered entities as the covered entities adhere to the requirements of this subtitle; identify and designate Citywide designated languages; designate covered entities with major public facing contact; and make each covered entity’s Language Access Plan available on MIMA’s website and, upon request, provide information about covered entities’ compliance with this subtitle available to the public in all designated Citywide languages.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director of MIMA shall adopt rules and regulations to carry out this subtitle.

In this subtitle, the following terms have the meanings indicated. “Director” means the Director of Immigrant Affairs. “Immigrant” means an individual:who is a resident of Baltimore City; and whose country of origin is a country other than the United States. “Office” means the Mayor’s Office of Immigrant Affairs.

There is an Office of Immigrant Affairs in the Office of the Mayor.

The purpose of the Office is to promote the well-being, economic development, and integration of Baltimore City’s immigrant communities.

The office shall have the power and duty to perform the following functions: advise the Mayor, City Council, and City agencies on ways to enhance and improve access to City services and resources for immigrants; advise the Mayor, City Council, and City agencies on ways to strengthen opportunities for immigrants to participate in the civic life of the City; implement and coordinate City policies regarding issues affecting immigrant communities; advocate for equal treatment of immigrants and equitable access to City services; review proposed legislation referred to the Office by the City Council and assess its impact on the economic, physical, social, emotional, and intellectual welfare of immigrants; improve the services available to immigrants by advocating for changes in:public policy; service delivery; and funding; develop, implement, and coordinate policies that facilitate City agencies’ compliance with all federal, State, and local language access laws; advance the Office’s mission by working in partnership with:City agencies; City boards; City commissions; community organizations; and the private sector; serve as a liaison between the City and its immigrant communities; establish and staff community advisory groups to provide strategic guidance and monitoring of initiatives relevant to the purpose of the Office; solicit community and stakeholder input regarding the activities of the Office, including consultations with City agencies, boards, and commissions on implementation of programs and services relevant to immigrants; and perform other duties as required by the Mayor.

There is a Director of Immigrant Affairs, who is responsible for the administration and oversight of the Office. The Director is appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. The Director shall receive such salary as may be provided in the Ordinance of Estimates.

The Office may employ staff in accordance with the Ordinance of Estimates. The Office may expend funds authorized in the Ordinance of Estimates or any supplemental appropriation.

On or before June 30 of each year, the Office shall submit a report to the Mayor and City Council detailing: the activities of the Office; and any specific policy or legislative proposals to advance the goals of the Office and the needs of immigrant communities in Baltimore.

In this subtitle, the following terms have the meanings indicated. “Advisory Commission” means the Mayor’s Anti-Animal Abuse Advisory Commission established under this subtitle. Ord. 10-369

There is a Mayor’s Anti-Animal Abuse Advisory Commission. Ord. 10-369

The Advisory Commission consists of 15 members. Of these:7 members are appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the Baltimore City Charter</cite>; and 8 members are ex-officio members. The 7 appointed members of the Advisory Commission are as follows:2 members representing:animal rescue groups; or animal advocacy organizations; 2 at-large members, nominated by the Mayor; 1 member of the City Council, nomimated by the President of the City Council, and; 2 at-large members, nominated by the President of the City Council. The 8 ex-officio members are the following, or their designated representatives:the Mayor; the President of the City Council; the State’s Attorney for Baltimore City; the Baltimore City Sheriff; the Police Commissioner; the Health Commissioner; the Director of the Bureau of Animal Control; and the Chief Executive Officer, Executive Director, or Director of an animal shelter operating within the boundaries of the City. The appointment of members must be made without regard to political affiliation. Ord. 10-369 Ord. 12-060

Advisory Commission members serve for a term of 4 years, concurrent with the terms of the Mayor and the City Council. At the end of a term, an Advisory Commission member continues to serve until a successor is appointed and qualifies. Advisory Commission members may be reappointed, but may not serve more than 3 terms. The members of the Advisory Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term. Ord. 10-369 Ord. 12-060 Ord. 16-503

The Mayor must designate a member of the Advisory Commission to serve as its Chair. The Chair may appoint committees to assist the Advisory Commission in carrying out its functions and duties. Non-members of the Commission may be designated by the Chair, with the consent of the Commission, to participate as members of committees of the Commission. Ord. 10-369 Ord. 12-060

The Advisory Commission shall meet at least 2 times each calendar year. The Advisory Commission may hold additional meetings, at the call of the Chair, as frequently as required to perform its duties. A majority of the members of the Advisory Commission constitutes a quorum for the transaction of business. An affirmative vote by the majority of a quorum is needed for any official action. The Advisory Commission may adopt rules of procedure to govern its meetings and procedures. If any member is absent from regularly scheduled meetings more than 1 time in 1 year, not counting absences excused by the Chair:the member is considered to have resigned; and the Chair must request that the member’s appointing authority fill the resultant vacancy. Ord. 10-369

The City Health Department shall provide adequate staff for the Advisory Commission to carry out its duties. The Advisory Commission may engage the services of volunteer workers, without salary. The Advisory Commission may expend funds as authorised in the Ordinance of Estimates.

The Mayor’s Anti-Animal Abuse Advisory Commission may undertake the activities described in this section. The Advisory Commission may research best practices in the following areas and provide recommendations to City agencies on each topic:ways to eradicate animal abuse in the City of Baltimore, including dogfighting; methods of increasing awareness of animal cruelty laws; legislation to protect animals and prosecute abusers; training techniques for law enforcement officials on how to handle animal cruelty cases humanely and to ensure acquisition of the best evidence to prosecute abusers; steps to foster improved responses to incidents of animal cruelty; and methods to improve training for animal control officers for their protection as well as the animals. The Advisory Commission may:review and monitor the successes and lessons learned in implementing its recommendations; make recommendations for improving the effectiveness of programs targeting animal abuse; and review and monitor ongoing animal cruelty calls and provide recommendations to City agencies for effective and timely investigation by and coordination among City agencies. The Advisory Commission may review and evaluate the impact of existing and proposed policies, programs, and legislation affecting the effort to eradicate animal abuse in Baltimore. Ord. 10-369 Article 1, § 55-10

At the request of the Advisory Commission, all City officials and agencies must extend the services and facilities required for the performance of the Advisory Commission’s duties, to the extent that those officials and agencies are able to do so given their personnel and budgets. Ord. 10-369 Article 1, § 55-12

The Advisory Commission must submit an annual report on its activities to the Mayor and City Council. Ord. 10-369 Article 1, § 55-13

Recodified as <cite data-path="1|§55-9">Article 1, § 55-9</cite>. Ord. 10-369

Recodified as <cite data-path="1|§55-10">Article 1, § 55-10</cite>. Ord. 10-369

There is a Baltimore City Citizens Advisory Commission for Public Safety. Ord. 17-035

The Advisory Commission comprises 23 members. Of these:20 members are appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>; and 3 are ex officio members. The members appointed by the Mayor are as follows:a member of the Baltimore City House Delegation to the Maryland General Assembly, to be nominated by the Speaker of the House of Delegates; a member of the Baltimore City Senate Delegation to the Maryland General Assembly, to be nominated by the President of the Senate; and the following, to be nominated by the President of the City Council:2 Baltimore City residents; a representative of the Hispanic community; a representative of the lesbian, gay, bisexual, and transgender community; an individual with expertise in the area of reentry after incarceration; a representative of the Fraternal Order of Police; a representative of the Vanguard Justice Society; a resident of Baltimore City public housing; an individual at least 14 years old or older and under the age of 21; and 1 resident of each of the 9 police districts of Baltimore City. The ex officio members are as follows:the Chair of the City Council’s Public Safety Committee or of any City Council Committee succeeding to the duties of the City Council’s Public Safety Committee (or the Chair’s designee) ; the Police Commissioner (or the Commissioner’s designee); and the Director of the Office of Civil Rights and Wage Enforcement or of any office or agency succeeding to the duties of the Office of Civil Rights and Wage Enforcement relevant to duties of the Citizens Advisory Commission for Public Safety (or the Director’s designee) . Ord. 17-035 Ord. 17-068

Appointed members of the Advisory Commission serve for a term of 4 years, concurrent with the term of the Mayor. At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies. A member appointed to fill a vacancy in a term:must meet the same qualifications as that required for the member being succeeded; and serves only for the rest of the term and until a successor is appointed and qualifies. No appointed member may serve for more than 2 consecutive full terms. Ord. 17-035

Annually, the Advisory Commission:shall elect one of its members to serve as the Commission’s Chair; and and may elect from among its members a Vice-Chair and any other officers that the Commission considers necessary or appropriate. The Advisory Commission may establish committees to assist it in carrying out its functions and duties. Ord. 17-035

The Advisory Commission shall hold public meetings at least once quarterly. All meetings of the Commission must be conducted in accordance with the State Open Meetings Act (Title 3 of the <cite data-path="|general">General Provisions Article</cite> of the Maryland Code). A majority of the Commission’s authorized membership constitutes a quorum for the transaction of business. An affirmative vote by a majority of a quorum is needed for any official action. The Commission may adopt rules of procedure for the conduct of its meetings. Ord. 17-035

In cooperation with the Baltimore City Police Department, the Advisory Commission shall develop annually a Community Interaction Recommendations Report. The Report shall focus on making recommendations to create consistent positive interactions between police officers and community residents. The report shall:recommend ways that police officers, by actively participating in neighborhood meetings and events, can bring police together with a wide array of City residents; identify ways to help build long–term consistent interaction between police officers and youth in Baltimore’s schools, recreation centers, and other youth programs; identify ways that police officers can interact directly with members of the reentry community in a positive manner; recommend ways that emphasis can be placed on creating positive interactions with Baltimore’s African-American, lesbian, gay, bisexual, and transgender, domestic-violence victim, public housing, and immigrant and refugee communities; recommend ways that emphasis can be placed on improving relationships between the Police Department and the small business community; provide ideas for citizen-involved training of police officers; list and evaluate partnerships between the Police Department and nonprofit organizations and other non-law-enforcement entities; include recommendations for homeless and lesbian, gay, bisexual, and transgender community interactions; include recommendations on how to recruit and retain City residents as police officers; and identify ways to form and maintain lasting and coordinated relationships with colleges and universities located in Baltimore City, including Morgan State University and Coppin State University. On or before November 15 of each year, the Advisory Commission shall submit its Report for the ensuing calendar year to the City Council and, in accordance with § 2-1246 of the State Government Article, the members of the Baltimore City House and Senate Delegations to the Maryland General Assembly. Ord. 17-035

In this subtitle, the following terms have the meanings indicated. “Commission” means the Baltimore City LGBTQ Commission. “Director” means the Director of the Office of LGBTQ Affairs. “Lesbian, gay, bisexual, transgender, and queer” or “LGBTQ” means individuals who identify themselves as lesbian, gay, bisexual, transgender, or queer, or individuals who are exploring their sexuality or sexual identity or who are concerned about applying a social label to themselves related to their sexuality or sexual identity. “Office” means the Baltimore City Office of LGBTQ Affairs. Ord. 21-028

There is a Baltimore City Office of LGBTQ Affairs. Ord. 21-028

The Director is responsible for the administration and oversight of the Office. The Director is appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. Ord. 21-028

There is a Baltimore City LGBTQ Commission within the Office. The Commission shall:advise the Office and the Mayor and City Council on issues relating to the lesbian, gay, bisexual, transgender, and queer community; and collaborate and consult with the Office on matters relating to the discharge of the Office’s duties. The Commission comprises at least 14 members, but no more than 25 members, appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite> with:2 members nominated by the City Council President; and 2 members nominated by the Comptroller. The Mayor shall appoint Commission members to represent the diversity of people and ideas within the Baltimore lesbian, gay, bisexual, transgender, and queer community. The Commission shall include, at a minimum, representation from lesbian, gay, bisexual, transgender, and queer community organizations representing health, social service, religious, and human rights issues and its members shall be representative of the diversity in the community with regard to socioeconomic status, religion, race, ethnicity, gender identification, age, and families. Commission members serve a term of 4 years, concurrent with the terms of the Mayor and the City Council. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. The members of the Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. The Commission shall elect a Chair from among its members. The term of the Chair is 1 year. The Chair may be reelected. The Commission shall meet at least monthly. A majority of the members of the Commission constitutes a quorum for the transaction of business. Ord. 21-028

The Office may employ staff in accordance with the Ordinance of Estimates. The Office may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations. Ord. 21-028

In collaboration and consultation with the Commission, the Office shall: develop proposed City policy regarding civil rights issues affecting LGBTQ people; coordinate and participate in the implementation of policies and programs consistent with the City’s diversity and equity goals; coordinate among City departments, agencies, offices, boards, and commissions to improve LGBTQ access to City services and to promote equality and safety for LGBTQ people; support the growth and development of the City’s LGBTQ communities; review proposed legislation referred to the Office by the City Council, assessing its probable effect on City LGBTQ communities; serve as liaison between the City’s LGBTQ communities and the City; and perform any other duty required by the Mayor. Ord. 21-028

On or before June 30 of each year, the Office shall submit a report to the Mayor and City Council detailing: the activities of the Office and the Commission; and any specific policy or legislative proposals to advance the needs of LGBTQ communities in Baltimore or the goals of the Office. Ord. 21-028

This subtitle only applies to environmental citations issued to commercial properties for violations of: <cite data-path="|19">Article 19</cite>, Subtitle 32 {“Minors – Sales in Proximity to Liquor Store”}; <cite data-path="|23">Article 23 {“Sanitation”}</cite>; <cite data-path="|health|5">Title 5</cite>, <cite data-path="|health|5|2">Subtitle 2 {“Nuisance Abatement”}</cite> of the <cite data-path="|health">Health Code;</cite> <cite data-path="|health|7">Title 7 {“Waste Control”}</cite> of the <cite data-path="|health">Health Code;</cite> <cite data-path="|health|12">Title 12 {“Tobacco Products and Smoking Devices”}</cite> of the <cite data-path="|health">Health Code; or</cite> <cite data-path="|health|15">Title 15 {“Ephedrine Products”}</cite> of the <cite data-path="|health">Health Code.</cite> Ord. 21-059

The original or a copy of a citation listed in §58-1 of this subtitle must be filed and retained in the records of: the City Administrator; and the Department of Housing and Community Development for inclusion in its open data mapping application.” Ord. 21-059

Within 30 days of receipt of an environmental citation described in §58-1 of this subtitle, the City Administrator may coordinate a multi-agency, comprehensive code inspection of the cited premises, as specified in subsection §58-4 of this subtitle. Ord. 21-059

The multi-agency inspection team coordinated by the City Administrator under this subtitle shall include representatives from:the Fire Department; the Department of Health; and the Department of Housing and Community Development. Each agency specified in this section shall inspect the premises to ensure compliance with <em>{the}</em> laws, rules, and regulations administered by that agency. Ord. 21-059

No later than the 1<sup>st</sup> of each month, the City Administrator shall inform each councilmember of the number and specific locations of any multi-agency inspections conducted, if any, pursuant to this subtitle in the previous month within the respective councilmember’s district. Ord. 21-059

The City Administrator shall submit a quarterly report to the Mayor and City Council detailing: the number of multi-agency coordinated inspections conducted under this subtitle occurring in the previous quarter; the number and types of violations discovered as the result of multi-agency coordinated inspections under this subtitle in the previous quarter; any recommendations for legislative or administrative enhancements to improve community quality-of-life issues and multi-agency cooperation; a breakdown of the number of inspections conducted by City Council district; a map displaying the location of the citations; and an agency-level breakdown of:the amount of time between the initial complaint and the first inspection; the types of citations issued; the number of reinspections conducted within the time allotted; and the outcome of inspections, including:how many resulted in a citation being issued; how many violation notices were issued; how many violations were abated within the time allotted; and the number of outstanding citations and violations. Ord. 21-059

In this subtitle, the following terms have the meanings indicated. “Area median income” means the median household income for an area adjusted for household size, as published and annually updated by the United States Department of Housing and Urban Development. “Cannabis” has the meaning stated in § 5-101 {“Definitions”} of the State Criminal Law Article. “Commission” means the Community Reinvestment and Reparations Commission. “Community-based organization” means a public or private organization that is representative of a community or significant segments of a community, and provides educational, health, or social services to individuals in the community. “Demonstrated knowledge” means an individual has displayed competency with a subject, as demonstrated by:publishing written material delivering programmatic offerings to the public; or creating and providing to the public educational materials. “Direct” means to carry out the organizing, energizing, and supervising of funds disbursed to the City pursuant to § 13-4601 {“Community Reinvestment and Repair Fund”} of the State Health-General Article . “Fund” means the State Community Investment and Repair Fund. “Low-income community” means a community where the average household income is less than 80% of the Area Median Income. “Structural racism” means a policy or set of policies that widen the social and political disadvantages within society for members of 1 or more minority groups. “White supremacy” means the belief, theory, or doctrine that white people are superior to those of other races and thus should dominate them.

There is a Community Reinvestment and Reparations Commission. The purpose of the Commission is to determine the use of the funds disbursed to Baltimore City from the State Community Reinvestment and Repair Fund, direct the expenditures appropriated for those uses, and submit any reports required in accordance with Title 13, Subtitle 46 {“Community Reinvestment and Repair Fund”} of the State Health - General Article. In accordance with the provisions of Title 13, Subtitle 46 {“Community Reinvestment and Repair Fund”} of the State Health - General Article, the members of the Commission shall:establish the purposes for which money from the Fund may be used in accordance with Title 13, Subtitle 46 {“Community Reinvestment and Repair Fund”} of the State Health - General Article; direct the expenditures appropriated for supplemental funding to community-based organizations for services and programs intended to benefit low-income communities in accordance with State law; in directing expenditures as empowered under paragraph 2 of this subsection, prioritize community-based organizations that have been historically underfunded; and prepare and publish the biannual report required by State law.

The Commission is comprised of 17 members. Of these:16 members are appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the Baltimore City Charter</cite>; and 1 member shall be the Baltimore City Comptroller or the Comptroller’s designee, serving as an ex officio member. Of the 16 members appointed by the Mayor:1 member must be appointed from each of the 14 Council Districts; at least 1 member must be a service provider for incarcerated persons or persons with a criminal record; and at least 1 member must be a representative from a community-based organization that works with low-income communities. Each member of the City Council and the City Council President shall propose 1 candidate to the Mayor for the Mayor’s consideration for appointment to the Commission. The Mayor shall consider the candidates proposed by the City Council for appointment to the Board and may nominate the candidates at the Mayor’s discretion in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>. If the Mayor rejects a candidate proposed by the City Council, the Mayor must provide a written response to the City Council justifying why the Mayor rejected the candidate. General knowledge. An individual who is appointed to the Commission must have a demonstrated knowledge of 1 or more of the following:the history of the resistance of people of African descent to white supremacy, enslavement, Jim Crow laws, and other examples of racial violence and discrimination; the history of the resistance of racial, ethnic, and other minority groups against discrimination, violence, and inequality; the needs of individuals returning to the community after incarceration; the impact of the disproportionate enforcement of drug laws on the quality of life experience by racial and ethnic minorities, especially people of African descent, including specialization in:the disruption of families; exposure to the prison system; trauma experienced as a result of community and police violence; or another similar factor contributing to quality of life; and methods for delivering community investment that empower marginalized people to have a voice in the distribution of resources.

Each member of the Commission serves a 4-year term, concurrent with the Mayor’s term of office. An appointed member of the Commission may not serve more than 2 consecutive full terms. A member of the Commission appointed to fill a vacancy serves the rest of the unexpired term. A member of the Committee continues in office until the member’s successor is appointed and qualified. One member of the Commission shall be elected as Chair by majority vote of the members of the Commission. The Commission, with the approval of ¾ of its members, may remove a member for neglect of duty or misconduct in office.

Each member of the Commission shall be compensated as provided for in the Ordinance of Estimates. Each member may be reimbursed for necessary and proper expenses incurred in the performance of the member’s duties. The Commission shall have such staff as provided for in the Ordinance of Estimates to assist the Commission in fulfilling its duties as provided for under <cite data-path="|1|§59-2">§ 59-2 {“Commission created; purpose; duties”} of this subtitle</cite>.

The Commission must meet at the call of the Chair as frequently as required to perform its duties, but not less than 1 time each quarter of the year. A simple majority of the members of the Commission shall serve as quorum. An affirmative vote by the majority of a quorum is needed for any official action.

Beginning in 2024, on or before December 1 and every 2 years thereafter, the Commission shall create and publish the report required by § 13-4601(b)(2)(ii) of the State Health - General Article. The Commission shall submit the report to the following recipients:the Mayor; the City Council; the Governor; the State Budget and Taxation Committee; the State Senate Finance Committee; the State House Judiciary Committee; the State House Health and Government Operations Committee; and any other entity required by State law. The report required by this section shall include:recommendations to the Mayor and City Council regarding repairing the damage done to communities determined by The Office of the Attorney General to have been the most impacted by disproportionate enforcement of the cannabis prohibition in Baltimore City before July 1, 2022; and recommendations to the Mayor and City Council regarding repairing the damage done to racial and ethnic minority communities in Baltimore City by structurally racist and white supremacist policies.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission may adopt rules and regulations to carry out the provisions of this subtitle. Ord. 23-249

In this subtitle, the following terms have the meanings indicated. “Council” means the Baltimore City Re-Entry Action Council. “Director” means the Director of the Office of Returning Citizens. “Office” means the Baltimore City Office of Returning Citizens. An individual who is a resident of Baltimore City and who:was formally charged with a crime; was convicted of a crime; or participated in a diversion program where the individual received rehabilitative instruction and support in lieu of a criminal conviction.

There is a Baltimore City Office of Returning Citizens.

The Director is responsible for the administration and oversight of the Office. The Director is appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|6">Article IV, § 6 {“Appointments of municipal officers”}</cite> of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>.

There is a Baltimore City Re-Entry Action Council within the Office. The Council must:advise the Office and the Mayor and City Council on issues relating to returning citizens; and collaborate and consult with the Office on matters relating to the discharge of the Office’s duties. The Council comprises at least 14 members but no more than 25 members appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|6">Article IV, § 6 {“Appointments of municipal officers”}</cite> of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> with:2 members nominated by the City Council President; and 2 members nominated by the Comptroller. To the extent possible, the Mayor must appoint Council members that are representative of the diversity in the community, with regard to socioeconomic status, race, ethnicity, gender identification, sexual orientation, and age. At least 1 of the members of the Council must be a member of a group, organization, or service provider that focuses on the needs of female returning citizens. Council members serve a term of 4 years, concurrent with the terms of the Mayor and the City Council. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member appointed to fill a vacancy in an unexpired term or to succeed a member who is holding over serves only for the remainder of that term. The Council must elect a chair from among its members. The term of the chair is 1 year. The chair may be reelected. The Council must elect a vice chair from among its members. The term of the vice chair is 1 year. The vice chair may be reelected. The Council must elect a secretary from among its members. The term of the secretary is 1 year. The secretary may be reelected. The Council must meet at least monthly. A majority of the members of the Council constitutes a quorum for the transaction of Council business.

The Office may employ staff in accordance with the Ordinance of Estimates. The Office may expend funds authorized in the Ordinance of Estimates, any supplementary appropriations, or any appropriations transfer.

In collaboration and consultation with the Council, the Office must: serve as an advocate for returning citizens; coordinate and monitor service delivery to returning citizens; promote the general welfare, empowerment, and reintegration of returning citizens in the areas of:employment and career development; health care; education; housing; and social services; develop sustainable relationships and coordinate with federal, State, and private agencies working with returning citizens; develop and propose City policy regarding issues affecting returning citizens; participate in public hearings; promote community dialogue concerning the issues confronting returning citizens; and review, comment, and make recommendations on proposed legislation and regulations, policies, and programs that will affect returning citizens.

On or before June 30 of each year, the Office must submit a report to the Mayor and City Council detailing: the activities of the Office and the Council; and specific policy and legislative proposals to promote the general welfare, empowerment, and reintegration of Baltimore’s returning citizens.

In this subtitle, the following terms have the meanings indicated. “Analysis” means the act of studying or examining something in detail. “Analytics” means the systematic computational analysis of data or statistics. “CitiStat meeting” means a monthly meeting between the CitiStat Program and a principal agency wherein the attending principal agency reports data and statistics that may be used to inform performance measures and policy initiatives. “CitiStat process” means a system of applying insight gained from data analytics and analysis to management decisions within a principal agency. “Continuous improvement processes” means an ongoing effort to better principal agency services and procedures. “Director” means the Director of the Baltimore City CitiStat Program. “Data-driven officer” means a person using data and analysis to drive performance in a principal agency. “Data-Driven Program” means a comprehensive data analysis and performance management program for the City that includes:performance management agreements; the CitiStat process; and an innovation lab. “Data science” means the study of data with the intention of extrapolating knowledge or insights. “Innovation lab” means a team of people focused on addressing issues identified through the CitiStat process. “CitiStat meeting” means a monthly meeting between the Program and a principal agency wherein the attending principal agency reports relevant data and statistics that may be used to inform performance measures and policy initiatives. “CitiStat memorandum” means a memorandum detailing the key issues relevant to a CitiStat meeting that includes:data; any follow-up responses from a previous CitiStat meeting. “Performance” means the action or process of accomplishing a principal agency action, task, or function. “Performance management” means the process of supporting or improving City agency performance through the use of tools including:assessments; employee counseling; and continuous feedback. “Performance management plan” means an agreement between a principal agency and the Program that establishes outcomes and performance expectations for the agency. “Principal agency” means any of the following City executive departments:Fire Department; Department of Finance; Department of General Services; Health Department; Department of Housing and Community Development; Police Department; Department of Public Works; Department of Recreation and Parks; and Department of Transportation. “Process evaluation” means an assessment of whether principal agency program activities have been implemented as intended and whether certain results were achieved. “Program” means the Baltimor City CitiStat Program. “Program management” means the oversight of a program’s process and progress toward an established goal. “Public policy” means a system of laws, regulatory measures, courses of action, and funding priorities related to a given topic that are promulgated by a governmental entity or its representatives.

There is a Baltimore City CitiStat Program.

The Program shall be supervised and directed by a Director who shall report to the City Administrator. At the time of appointment, the Director shall:have at least 5 years of experience in performance management; and have experience in 1 of the following areas:data science; continuous improvement processes; process evaluations; program management; or public policy. The Director may employ a staff, as provided for in the Ordinance of Estimates.

The Program shall:review investigations into municipal processes and policies using data analytics, and analysis; use findings of analytical reviews to make recommendations related to process improvement for City services; in consultation with principal agencies establish and implement data-based process improvement systems for various City services; in consultation with principal agencies and the City Administrator draft annual performance management plans that establish priorities, goals, and measurements to track and evaluate performance; along with the Bureau of Budget and Management Research, establish measurements that can be considered within agency budget performance measures; in consultation with the Chief Information Officer of Baltimore City Information Technology and relevant principal agencies assist in publishing accurate data on the City’s Open Data Portal as allowed by applicable laws; have the authority to request all relevant data; and establish new CitiStat meetings. On or before January 31 of each year, the Program shall issue a report to the Mayor and City Council on:the performance of each principal agency that participated in the CitiStat process over the previous year; and identified areas for improvement and recommendations for each principal agency in the coming calendar year. The Program shall:develop an annual schedule to hold a CitiStat meeting at least once per month with each principal agency; produce an agency memorandum 48 hours prior to a principal agency CitiStat meeting that contains all relevant data and other information for that meeting; and produce a CitiStat memorandum within 2 days after a meeting that includes:all requests and commitments made by the agency; and any additional data or materials required by the next CitiStat meeting.

Each principal agency shall:establish an internal CitiStat process to improve principal agency performance; monitor progress on the agency’s annual performance management plan; develop plans to address gaps in municipal service delivery outcomes; and report to the Program any relevant data requested by the Office. Each principal agency shall identify a data-driven officer who shall report directly to the head of the agency and be responsible for managing that agency’s CitiStat process.

City Code, 1976/83, art. 2, §2 Ord. 77-494

City Code, 1976/83, art. 2, §6 Ord. 77-494

No person or business organization shall conduct any auction sales in the City of Baltimore before being appointed and licensed in accordance with the provisions of this subtitle. City Code, 1976/83, art. 2, §1 Ord. 77-494

In accordance with the terms of this subtitle, the Director of the Department of Consumer Protection and Business Licensing shall appoint as many auctioneers in the City of Baltimore as the Director may deem proper, not to exceed 50. Applications for appointment shall be under oath on a form approved by the Director of the Department of Consumer Protection and Business Licensing and shall contain the applicant’s qualifications for appointment. City Code, 1976/83, art. 2, §3 Ord. 77-494

Each applicant for appointment as an auctioneer shall: state all criminal convictions, other than traffic violation, and all pending criminal charges; certify that, for 5 years immediately preceding his application, he has not been convicted of forgery, embezzlement, larceny after trust, false pretenses, extortion, fraud, or like offenses; state whether a license of this type has been refused, suspended, or revoked in this or any other jurisdiction; verify graduation from high school or its equivalency; verify:2 years practical experience auctioning goods or real estate; or 1 year apprenticeship under an auctioneer licensed hereunder; or graduation from an auction school accredited and approved by the National Auctioneers Association; submit with the application, at least 3 statements under oath from persons vouching for the applicant’s reputation for honesty, fair dealing, competency, and financial responsibility; and verify that he has been a resident of the State of Maryland for 2 years immediately preceding the application. City Code, 1976/83, art. 2, §4 Ord. 77-494

Within 30 days of his appointment, and upon any change thereafter, every auctioneer shall deposit with the Director of the Department of Consumer Protection and Business Licensing the names of all officers, associates, partners, or employees designated by him to conduct auction sales. City Code, 1976/83, art. 2, §7 Ord. 77-494

No auctioneer appointed under this subtitle shall conduct auction sales unless he first posts a surety bond and is issued a license therefor. City Code, 1976/83, art. 2, §8 Ord. 77-494

A surety bond, in the amount of $25,000, with a surety approved by the City Comptroller, conditioned on the auctioneer’s performance in accordance with the provisions and intent of this subtitle, shall be posted prior to the issuance of any license and shall remain in effect during its term. Said bond shall be filed in duplicate with the Director of the Department of Consumer Protection and Business Licensing, and the duplicate shall be forwarded to the City Comptroller for his signatory approval and returned to the Director. In the event the surety leaves the State or becomes insolvent, the Director of the Department of Consumer Protection and Business Licensing shall demand a substitute surety. If the auctioneer fails to provide other security within 15 days after such demand, the license issued thereupon shall become null and void and the Director of the Department of Consumer Protection and Business Licensing shall give notice thereof in 2 or more daily newspapers. City Code, 1976/83, art. 2, §9 Ord. 77-494

Upon the receipt of an approved surety bond and of a $1,600-license fee paid to the Director of Finance, the Director of the Department of Consumer Protection and Business Licensing shall issue a license to a duly appointed auctioneer for the term of 1 year. At the request of the applicant, the license may be dated back to the expiration date of his prior license, but such action shall not affect prosecutions commenced prior to such request. The failure of the auctioneer to pay the license fee and post bond within 30 days of his appointment shall render such appointment null and void. Upon the death of any auctioneer prior to the expiration of his license, his personal representative or a person named in <cite data-path="|2|§1-6">§ 1-6 of this subtitle</cite> may continue to act under the license for its unexpired term, or for a period of 30 days, whichever is greater. City Code, 1976/83, art. 2, §10 Ord. 77-494 Ord. 84-249 Ord. 90-504

In court-ordered sales, and in all other sales unless otherwise agreed in writing by the parties, licensed auctioneers shall be entitled to the following commissions on the final selling price of all sales conducted by them. Real estate or any interest therein:5% of the price to $5,000; 4% of the price from $5,000 to $20,000; 3% of the price from $20,000 to $100,000; and 2½% of the price over $100,000. Goods or personal property:15% of the price to $15,000, and 10% of the price over $15,000. The minimum fee in any sale or in any sale cancelled prior to its scheduled date is $50. The minimum fee for any sale cancelled on its scheduled date is $100. Commissions shall be computed on the basis of each property, lot, article, or item, and not on the aggregate items offered for sale. City Code, 1976/83, art. 2, §11 Ord. 77-494

On timely notice and hearing by the Board of Consumer Protection and Business Licensing, and receipt of the Board’s recommendation, the Director of the Department of Consumer Protection and Business Licensing may suspend or revoke the license of any auctioneer for any violation of this subtitle for which a civil liability or criminal penalty may be imposed. An auctioneer whose license is suspended or revoked under this subtitle may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. City Code, 1976/83, art. 2, §5 Ord. 77-494 Ord. 04-672 Ord. 19-332

The following acts are violations of this subtitle for which civil liability may be imposed:the offering or performance of frequent or regular services as an auctioneer to any person or organization to evade the provisions of this subtitle; permitting the use of the licensed auctioneer’s name or his flag by any auctioneer not licensed herein. The infrequent or irregular use of the name or flag by an auctioneer licensed in another jurisdiction and employed by a person or organization located in or regularly doing business in said jurisdiction is not a violation of this subsection, provided further that the aforegoing exception has reciprocal effect in said jurisdiction; failing to designate persons as provided in <cite data-path="|2|§1-6">§ 1-6 of this subtitle</cite>; and violations of any other provisions of this subtitle for which no criminal penalties or civil liabilities are specifically imposed. Liability for violations of this section shall not exceed $250 for the 1<sup>st</sup> offense and $500 for 2<sup>nd</sup> and subsequent offenses. Enforcement of said liability shall be made on behalf of the City in a court of competent jurisdiction. City Code, 1976/83, art. 2, §12 Ord. 77-494 Ord. 04-672

The following additional acts are violations of this subtitle for which civil liability may be imposed:receipt of commissions in an amount greater than authorized under <cite data-path="|2|§1-10">§ 1-10 of this subtitle</cite>. failure to account for the proceeds of sale within a reasonable time of the sale transaction. Any person or organization aggrieved by a violation of this section may file civil suit for liability in an amount not exceeding $500 for each offense, ½ to the City and ½ to the use of the aggrieved party, in addition to any other damages awarded to said party. City Code, 1976/83, art. 2, §13 Ord. 77-494

The following acts are criminal violations of this subtitle:the conduct of auction sales without first being appointed and licensed as provided in this subtitle; and the use of fraud, deceit, or flagrant misrepresentation in the conduct of auction sales. Upon conviction of the offenses in this section a person may be fined in an amount not exceeding $500 for the 1<sup>st</sup> offense, and may be fined and imprisoned for a term not exceeding 3 months for any subsequent offense in the discretion of the Court. Any person convicted of an offense contained in this section shall, in addition to criminal penalties imposed, be liable to any party aggrieved as a result of such offense, in an amount double the amount unlawfully received, retained, or withheld in such criminal act. City Code, 1976/83, art. 2, §14 Ord. 77-494 Ord. 04-672

It shall be unlawful for any person or persons or corporation to sell, dispose of, or offer for sale, in the City of Baltimore, at public auction, or to cause or permit to be sold, disposed of, or offered for sale, in the City of Baltimore, at public auction, any new articles of gold, silver, plated ware, precious stones, watches, clocks, or jewelry, whether the same shall be their own property or whether they sell the same as agents or employees of others. Provided, however, that this section shall not apply:to judicial sale or sales by executors or administrators; nor to sales by or on behalf of licensed pawnbrokers of unredeemed pledges in manner provided by law; nor to the sale at public auction of the stock on hand of any person or persons or corporation that shall, for the period of 1 year next preceding such sale have been continuously in business in the City of Baltimore as a retail or wholesale merchant of gold, silver, plated ware, precious stones, watches, clocks, or jewelry, and that shall also have held trader’s license for such business during said period; provided, further, that such sale at public auction of the stock on hand of such merchant or merchants shall be held only subject strictly to the conditions in <cite data-path="|2|§1-18">§ 1-18 of this subtitle</cite>. City Code, 1976/83, art. 2, §15(1st par.) Ord. 77-494

It must be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than 30 days in all. A period of at least 365 days must have elapsed after the conclusion of any auction sale, conducted either before or after the enactment of this subtitle, before another auction sale shall be commenced by the same merchant. It must be held only between the hours of 8 a.m. and 6 p.m., and at no time within the hours beginning at 6 p.m. and ending at 8 a.m. Such auction sale must be held:either:at a place at which the merchant so selling his or its goods at auction conducted the jewelry business in Baltimore, for the period of at least 90 days immediately prior to the commencement of said auction sale; or at the regular and usual auction rooms of some duly licensed auctioneer; and at no other place or places. Not more than 15 nor less than 10 days before commencing any sale, the merchant must file with the Police Commissioner of Baltimore City and the Director of the Department of Consumer Protection and Business Licensing a statement setting forth:the name and address of the merchant so intending to conduct said sale; the place or places at which for the year next preceding said date of sale such merchant has conducted his or its business; the date or dates on which the merchant secured a trader’s license for said business; the locations of and purpose of the proposed sale; the probable duration thereof; the name and address of the auctioneer who will conduct said sale; an inventory showing in detail the quality, quantity, kind, or grade of the goods, wares, and other articles proposed to be sold; and that no items or articles belonging to any other person or corporation than said merchant are included in said inventory. Said statement must be subscribed by such merchant or an officer thereof (if a corporation), and verified by the oath before a notary public of the person so subscribing. At least 2 days before the commencement of such sale the auctioneer named in the foregoing statement shall file with said Police Commissioner and the Director of the Department of Consumer Protection and Business Licensing an affidavit subscribed and sworn to by him:referring to said statement; and setting forththat he has been employed to conduct said sale at the time and place named therein; and that he will keep a true record of any and all lots or items sold at said sale, and the prices obtained therefor. Within 10 days after the conclusion of said sale, said auctioneer shall file with said Police Commissioner and the Director of the Department of Consumer Protection and Business Licensing a report subscribed by said auctioneer and sworn to by him before a notary public:showing all the articles so sold at said auction sale, and the price at which sold; and certifying that no articles were sold which were not included in the foregoing statement. No items or articles not set forth in the statement and inventory filed by such merchant in accordance with the provisions of subsection (d) preceding shall be sold or offered for sale at said auction sale. All articles so sold must be sold at the property of and under the name of the merchant so conducting said sale. During the conduct of said sale, a sign or signs must be maintained at the place of said sale plainly visible to persons attending the same, showing the name and address of the merchant whose goods are so being sold at auction. Except in the case of auction sales conducted at the rooms of some duly licensed auctioneer, as set forth in subsection (c) preceding, during the time when and while such auction sale is being conducted, no business other than the jewelry business which had been conducted for the period of 90 days immediately prior to the commencement of said auction sale, shall be conducted or engaged in at and in the place so designated in the statement filed with the Police Commissioner of Baltimore City and the Director of the Department of Consumer Protection and Business Licensing. For the purpose of this section, should any person or persons or corporation erect, construct, or install, either temporarily or permanently, any mere partition, shade, blind, or any other similar device which may divide or separate that part of said building so used for the purpose of sale, repair, or dealing in gold, silver, plated ware, precious stones, watches, clocks, or jewelry, and so holding a trader’s license for such business, from the remaining part of the same building, then said entire premises so divided or separated shall be construed and defined as “place”. City Code, 1976/83, art. 2, §15(a) - (h) Ord. 77-494 Ord. 04-672

Any person or persons or corporation convicted of a violation of § 1-17 or § 1-18 shall be fined the sum of $10 for the 1<sup>st</sup> offense and $20 for every subsequent offense. Each separate sale, at public auction, of an article or articles of gold, silver, plated ware, precious stones, watches, clocks, or jewelry in violation of the preceding section shall constitute a separate offense hereunder. City Code, 1976/83, art. 2, §16 Ord. 77-494

There is a Cable Communications Advisory Commission. The Commission comprises 14 members, 1 from each Council District, appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. Each member must be a resident of and registered voter in the Council District from which the member is appointed. The members shall be appointed without regard to political party affiliation. No member may be an employee, stockholder, officer, or director of a CATV franchisee. Nor may any member have any financial interest, direct or indirect, in the operation or ownership of a franchise. The fact that a member subscribes to cable television service is not a conflict of interest. The members appointed may represent the following interests: law, cable technology, education, finance, and communications. Members serve for a term of 4 years concurrent with the Mayor’s term of office. Members shall serve only 1 full term on the Commission, plus any partial term as herein provided or through the filling of a vacancy. Any vacancy on the Commission shall be filled by the Mayor in the manner provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the Baltimore City Charter</cite>. The members of the Commission shall serve without compensation, but may be reimbursed for actual expenses incurred in the performance of their duties. City Code, 1976/83, art. 1, §230(a) - (c) Ord. 90-614 Ord. 09-170

The Mayor shall appoint the Chairperson of the Commission and the Commission members shall select other officers as they deem necessary and appropriate. The Mayor shall have the power to appoint a member as acting Chairperson for a period not to exceed 6 months. The Chairperson may appoint any committees he or she deems necessary to assist the Commission in carrying out its duties and responsibilities. The Commission shall meet at the call of the Chairperson but not less than 6 times a year. 8 members of the Commission are a quorum for the transaction of business. An affirmative vote of at least 8 members is needed for any action by the Commission. All meetings of the Commission shall be open to the public. The Commission may hold public meetings to solicit customer, business, industry, and other input relating to its duties and responsibilities. The Commission may adopt rules to govern its meetings and operation. City Code, 1976/83, art. 1, §230(d) - (f) Ord. 90-614 Ord. 09-170

The duty and responsibility of the Commission is to advise, assist, investigate, report on, review, and recommend to the Board of Estimates in connection with the following matters: the cable television franchisee’s adherence to the franchise agreement; the progress of the construction schedule for the cable television system; subscriber rates and rates for leased access; complaints raised by the public and the franchisee arising out of the service access, construction, and maintenance; the franchisee’s compliance with the minority participation guidelines; recommendations for the improvement or expansion of the cable television system as may be reasonably undertaken without imposing an undue burden on the public or the system operator; the renewal of the franchise; matters which might constitute grounds for revocation of the franchise; other matters related to cable television as may be directed by the Board or deemed appropriate by the Commission; and new technology in the cable communications field. City Code, 1976/83, art. 1, §231(a) Ord. 90-614 Ord. 04-672

All reports and recommendations of the Commission shall be in writing and a copy of each shall be sent to the President of the City Council and to the Department of Legislative Reference. The Commission shall make an annual report to the Board of Estimates and to the City Council, which shall include:a summary of the Commission’s activities; all actions taken concerning the duties and responsibilities listed in this subtitle; and any recommendations of the Commission. City Code, 1976/83, art. 1, §231(b) Ord. 90-614

The following terms have the meanings stated in Title 13 of the State Commercial Law Article: “advertisement”; “consumer”; “consumer credit”; “consumer debts”; “consumer goods”; “consumer realty”; “consumer services”; “merchandise”; “merchant”; “person”; “sale”; “service”; and “unfair, abusive, or deceptive trade practices”. Ord. 23-266

In Baltimore City, a person may not engage in any unfair, abusive, or deceptive trade practice in: the sale, lease, rental, loan, or bailment of any:consumer good; consumer realty; or consumer service; the offer for sale, lease, rental, loan, or bailment of any:consumer good; consumer realty; or consumer service; the offer for sale of course credit or other educational services; the extension of consumer credit; the collection of a consumer debt; or the purchase or offer for purchase of a consumer good or consumer realty from a consumer, by a merchant whose business includes paying off consumer debt in connection with the purchase of any consumer good or consumer realty from a consumer. Ord. 23-266

A person who violates this subtitle is subject to a civil penalty of not more than $1,000. Each violation of this subtitle shall be considered a separate offense. Each day upon which a violation continues shall be considered a separate offense. Ord. 23-266

A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000. Each violation of this subtitle shall be considered a separate offense. Each day upon which a violation continues shall be considered a separate offense. Ord. 23-266

In determining whether to initiate legal proceedings under this subtitle, the City Solicitor, on behalf of the Mayor and City Council, may conduct an investigation when there is reason to believe a person is engaging in or has engaged in a violation of this subtitle. In the course of an investigation under this subtitle the City Solicitor may issue in writing, and caused to be served, a subpoena to require any person to:appear under oath to provide testimonial information related to the alleged violation under investigation; or produce any of the following related to the alleged violation:information; documents; reports; records; accounts; or any other relevant material. The City Solicitor may enforce any subpoena issued pursuant to the section in a court of competent jurisdiction. In addition to any other enforcement action authorized by law, the City Solicitor, on behalf of the Mayor and City Council, may initiate a legal proceeding for injunctive relief and for the imposition and collection of civil penalties in a court of competent jurisdiction for a violation of this subtitle. Ord. 23-266

This subtitle does not apply to the entities exempted by Title 13 of the State Commercial Law Article. Ord. 23-266

It shall be unlawful for any person, firm, or corporation to destroy or permit to deteriorate or waste any food products fit for human or animal consumption, of the value of $5 or more, so that said food products become unfit for such use, with the intent to cause scarcity or to increase, control, maintain, or influence the market price of such food products. City Code, 1927, art. 32, §21(1st sen.) 1950, art. 24, §11(1st sen.) 1966, art. 19, §24(1st sen.) 1976/83, art. 19, §29(1st sen.) Ord. 19-034

Any person, firm, or corporation violating the provisions of this subtitle shall be fined not less than $100 nor more than $500 or imprisoned for not more than 6 months or shall be both fined and imprisoned, as aforesaid, in the discretion of the Court. City Code, 1927, art. 32, §21(2nd sen.) 1950, art. 24, §11(2nd sen.) 1966, art. 19, §24(2nd sen.) 1976/83, art. 19, §29(2nd sen.) Ord. 19-034

The following words and terms, when used in this subtitle, shall have the following meanings unless the context clearly requires a different meaning. “License” shall mean a license issued under the authority of this subtitle to conduct a sale in accordance with the provisions of this subtitle. “Licensee” shall mean a person to whom a license has been issued. “Licensor” shall mean the Director of the Department of Consumer Protection and Business Licensing of Baltimore City. “Going Out of Business Sale” shall mean and include any sale which is publicly advertised to be a termination of business by the owner or operator of said business, his agent or agents, or a cessation of the operation of said business, or a cessation of the operation of said business under its then known name, or a transfer to a new name. “Going Out of Business Sale” shall include specifically, although not exclusively:“Quitting Business Sale”, “Benefit of Creditors Sale”, “Building Coming Down Sale”, “Benefit of Trustees Sale”, “Creditors Committee Sale”, “Creditors Sale”, “Forced Out Sale”, “Assignee Sale”, “Forced Out of Business Sale”, “Insolvent Sale”, “Liquidation Sale”, “Loss of Lease Sale”, “Mortgage Sale”, “Outselling Sale”, “Selling Out Sale”, “We Quit Sale”, “We Give Up Sale”, “Fixtures for Sale”, “Retiring Our Name Sale”, “Changing Our Name Sale”, and any other advertising or designation by any other expression or characterization closely similar to any of the foregoing and calculated to convey substantially the same meaning; all sales accompanied by notices or advertising indicating that the premises are available for purchase or lease, or are otherwise to be vacated; all sales advertised in any manner calculated to convey to the public the information or belief that, upon the disposal of the goods to be placed on sale, the business being conducted at any location will cease, or be discontinued, or otherwise to be vacated or transferred, surrendered or handed over to a successor in business or conducted under a new name; and any sale advertised or represented as anticipatory of, or to avoid the termination, liquidation, revision, wind-up, discontinuance, conclusion, dissolution, or abandonment of the business conducted at any location. “Advertise” shall mean to publish, circulate, disseminate, or place before the public in any way or through any media whatever, for the purpose of the sale of goods, wares, and merchandise. “Advertise” shall specifically, although not exclusively, include advertising by outside or inside signs, including neon or other electrical signs, advertising by radio, telephone, television, newspaper, magazine, book, notice, circular, pamphlet, letter, handbill, poster, placard card, price tag or card, label, or any other way similar or dissimilar to the foregoing. City Code, 1966, art. 2, §30 1976/83, art. 2, §28 Ord. 51-058 Ord. 66-1326 Ord. 76-020 Ord. 22-125

It shall be unlawful for any person to conduct a “Going Out of Business Sale” of the type defined herein without first having obtained a license for said sale from the licensor defined in this subtitle. It shall be unlawful for any person to advertise a “Going Out of Business Sale” before a license therefor has been applied for and granted by the licensor. It shall be unlawful for any licensee to conduct, or permit, any “Going Out of Business Sale” as defined in this subtitle for a longer period or periods of time than provided for hereinafter in this subtitle. It shall be unlawful for any licensee to sell or offer for sale any goods, wares or merchandise not in stock and in possession of the licensee on the date of the filing of the application for a license to conduct a “Going Out of Business Sale”. City Code, 1966, art. 2, §31 1976/83, art. 2, §29 Ord. 51-058

This subtitle does not apply to or affect: persons acting pursuant to an order or process of a court of competent jurisdiction; persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals; any publisher of a newspaper, magazine, or any operator of a radio or television broadcasting station who publishes or broadcasts an advertisement in good faith:without knowledge of its false, deceptive, or misleading character; and without knowledge that the provisions of this subtitle are not being complied with; or any sale by public auction in the City of any gold, silver, silverplated ware, precious stones, watches, clocks, or jewelry, for which a permit has been granted under the laws of the City. City Code, 1966, art. 2, §41 1976/83, art. 2, §39 Ord. 51-058 Ord. 04-672

Any person who has owned a wholesale, jobbing, pawn shop, manufacturing, or retail business for 6 months prior to the date set for the proposed sale is eligible to make an application for a “Going Out of Business Sale” license. Any person who purchases goods, wares, or merchandise, or a business from another may apply for a license to conduct a “Going Out of Business Sale” at any time after the expiration of 6 months from the date of the aforesaid purchase. Provided further, that if an owner of a business dies, his or her heirs, devisees, or legatees may apply at anytime for a “Going Out of Business Sale” license. City Code 1966, art. 2, §38 1976/83, art. 2, §36 Ord. 51-058

Any person who has not been the owner of the business advertised or described in the application for a “Going Out of Business Sale” license for a period of at least 6 months prior to the date of the proposed “Going Out of Business Sale” or has held a “Going Out of Business Sale” within 1 year last past at the particular location, shall not be granted a “Going Out of Business Sale” license. Except, however, the heirs, devisees, or legatees of a deceased owner of a business may obtain a license at any time. City Code, 1966, art. 2, §39 1976/83, art. 2, §37 Ord. 51-058

If the applicant for a “Gong Out of Business Sale” license owns, conducts, or operates more than 1 store or branch store and only 1 store or branch store is to go out of business and cease operations:the license issued will apply only to the 1 store or branch for which it was applied for and issued; no other store or branch may advertise or represent in any way that it is cooperating with or participating in any way in the licensed “Going Out of Business Sale”; and neither the licensed store nor any person may advertise or represent that any other store or branch is cooperating with or participating in the licensed “Going Out of Business Sale”. The “Going Out of Business Sale” conducted by any store or branch of a chain or group of stores:shall be conducted solely at the location of the branch or store for which the license was obtained, and no goods, wares, or merchandise shall be brought from any other branch or store and placed on sale at the branch or store licensed to conduct a “Going Out of Business Sale”. City Code, 1966, art. 2, §40 1976/83, art. 2, §38 Ord. 51-058

Any person desiring to conduct a “Going Out of Business Sale”, as defined in this subtitle, shall make a written application to the licensor, signed and verified by the applicant before a person authorized to administer oaths. Each application shall contain the following information:the true name and address of the owner of the goods, wares, and merchandise to be the object of the sale; a description by street location, address, and type of building of the location at which such sale is to be held; the name of the occupant of the location in question and whether by ownership, lease, or sublease; if by lease or sublease:the effective date of the termination of such tenancy; and the name and business address of the lessor or sublessor; a full and complete statement of the facts in regard to the “Going Out of Business Sale”, including:the reason why the sale is to be conducted; the manner in which the sale will be conducted; and the date or period of time in which the sale is to be conducted; a complete and detailed inventory of the goods, wares, and merchandise to be sold at such sale as disclosed by applicant’s records. All goods, wares, or merchandise included in such inventory:shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges; and shall not comprise goods, wares, or merchandise purchased on consignment. This inventory shall become a part of the application for a license to conduct a “Going Out of Business Sale”. City Code, 1966, art. 2, §32 1976/83, art. 2, §30 Ord. 51-058 Ord. 04-672

Upon receipt of the application, the licensor may, in his discretion make or cause to be made an examination, audit, or investigation of the applicant and all of the facts contained in said application in relation to the proposed sale. The application shall be denied or refused if the licensor finds any 1 or more of the following facts or circumstances to exist:that the inventory contains goods, wares, or merchandise not purchased by the applicant for resale on bona fide orders without cancellation privileges; that the inventory contains goods, wares, or merchandise purchased by the applicant on consignment; that the applicant, either directly or indirectly, and within 1 year prior to the date of the filing of the application, has conducted a sale in connection with which he advertised or represented that the entire business conducted at the particular location was to be closed out or terminated; that the applicant was granted a prior license hereunder within 1 year preceding the date of the filing of the application, where such prior license was based upon an application setting forth that the entire business conducted at a particular location was to be closed out or terminated; that the applicant has theretofore been convicted of a violation of this subtitle; that the goods, wares, or merchandise as described in the inventory were transferred or assigned to the applicant prior to the date of the filing of the application and that the transfer or assignment was not made for a valuable and adequate consideration; or that the inventory contains goods, wares, or merchandise purchased by the applicant or added to the applicant’s stock in contemplation of the sale and for the purpose of selling them at the sale. For purposes of item (vii), any unusual purchase or additions to the stock of such goods, wares, and merchandise made within 60 days prior to the date of the filing of such application shall be presumptive evidence that such purchase or additions were made in contemplation of such sale and for the purpose of selling the same at such sale. City Code, 1966, art. 2, §33 1976/83, art. 2, §31 Ord. 51-068 Ord. 04-672

The licensor shall issue a revocable numbered permit to the applicant, authorizing said applicant to advertise and conduct the sale as described in said application, when it appears to the licensor:that all of the statements in the application are true and that the said proposed sale is of the character as represented therein; that the conduct of such sale will not be injurious to the peace, health, safety, and welfare of the public of the City of Baltimore; that the application is in full compliance with the terms and conditions of this subtitle; and that the required license fee has been paid. The license shall be issued on the following terms:such license shall authorize the 1 type of sale as named and described in the application therefor at the place named therein and by the particular licensee for a period of not more than 30 consecutive calendar days (Sundays and legal holidays excluded) following the issuance of said license; the sale authorized by said license shall be limited to the sale of goods, wares, and merchandise described in the inventory attached to the application; on commencement of the sale and for its duration the license shall be prominently displayed in the store premises by the licensee; and suitable books and records of the sale shall be kept by the licensee on the store premises for the duration of the sale and shall be open for inspection by the licensor or the licensor’s authorized representative. The violation of any of the conditions of said license as above set forth shall be unlawful and shall render said license void. Each sale of goods, wares, or merchandise not inventoried or described in said application shall constitute a separate offense under this subtitle. City Code, 1966 art. 2, §34 1976/83, art. 2, §32 Ord. 51-058 Ord. 04-672

The fee for the license to conduct a “Going Out of Business Sale”, as provided in this subtitle, shall be $100, payable to the Director of Finance. City Code, 1966, art. 2, §43 1976/83, art. 2, §41 Ord. 51-058 Ord. 77-390 Ord. 90-505

The licensor may, upon a verified application therefor, renew a license issued under the provisions of this subtitle for 1 period of time only in addition to the 30 days permitted in the 1st application for license. The renewal period which can be granted by the licensor shall not exceed 30 consecutive days (Sundays and legal holidays excluded). Aforesaid renewal shall not be granted until the applicant has filed with the licensor a revised inventory showing the items listed on the original inventory remaining unsold. And said inventory shall not include any goods, wares, or merchandise not included in the original license application and inventory. The fee for this renewal of license shall be $50 payable to the Director of Finance. City Code, 1966, art. 2, §36 1976/83, art. 2, §34 Ord. 51-058 Ord. 77-390

A “Going Out of Business Sale”, as provided for in this subtitle, shall be held only upon the premises where the business to be licensed has been conducted for 1 year last past; except, however, those cases in which the landlord forces the owner or owners of the business to vacate the premises before the “Going Out of Business Sale” can be held, and except sales conducted by the heirs, devisees or legatees of the deceased owner of the business. City Code, 1966, art. 2, §42 1976/83, art. 2, §40 Ord. 51-058

Upon written complaint being filed with the licensor, or upon the initiative of said licensor, after making an investigation the licensor may revoke any license granted under the provisions of this subtitle if the licensor shall determine that any sale by the licensee is conducted in violation of any of the provisions of this subtitle; if the licensee has made any material misstatement in his application for said license; if the licensee has failed to include in the inventory required by the provisions of this subtitle the goods, wares, or merchandise required to be contained in such inventory; or if the licensee has added or permitted to be added to said sale, any goods, wares, or merchandise not described in the original application and inventory. City Code, 1966, art. 2, §36 1976/83, art. 2, §33 Ord. 51-058

A person aggrieved by the denial or revocation of a license under this subtitle may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. City Code, 1966, art. 2, §37 1976/83, art. 2, §35 Ord. 51-058 Ord. 04-672 Ord. 19-332

Any person who violates any provision of this subtitle, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $500. Each violation shall be considered a separate offense. City Code, 1966, art, 2, §44 1976/83, art. 2, §42 Ord. 51-058

In this subtitle, the following terms have the meanings indicated. “Scrap” means any scrap metal, refuse, junk, waste, garbage, rubbish, debris, or scrap of any kind. “Scrap collector” or “scavenger” means any person who collects, transports, or sells any scrap in the City. City Code, 1966, art. 19, §33(a), (c) 1976/83, art. 19, §38(a), (c) Ord. 60-411 Ord. 70-960 Ord. 01-243 Ord. 22-125

This subtitle does not apply to: an individual transporting or selling materials that were formerly incorporated into the structure or utility system of a dwelling owned by that individual; an individual transporting or selling, for recycling purposes, newspapers or aluminum beverage containers; or any of the following entities or their authorized officers or employees:a licensed scrap metal dealer; a public utility corporation; a governmental agency; a licensed electrical or plumbing contractor; a licensed automotive dismantler and recycler; a licensed demolition contractor; an industrial plant or other business that regularly generates scrap as a byproduct of its activities; or a charitable organization. City Code, 1966, art. 19, §33(b), (d), (e) 1976/83, art. 19, §38(b), (d), (e) Ord. 60-411 Ord. 70-960 Ord. 01-243 Ord. 10-398

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, the Department of Consumer Protection and Business Licensing in consultation with the Police Commissioner may adopt rules and regulations to carry out this subtitle. Ord. 01-243 Text Conformed 02/11/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

No individual may remove scrap from any premises in the City, transport scrap through any street or alley in the City, or sell or offer to sell any scrap in the City unless the individual has, on his or her person: a permit to do so from the Department of Consumer Protection and Business Licensing; or a valid driver’s license or other valid photographic identification issued by the Maryland Motor Vehicle Administration. City Code, 1966, art. 19, §32(a) 1976/83, art. 19, §37(a) Ord. 60-411 Ord. 70-960 Ord. 01-243

An application for a permit under this subtitle must:be on the form that the Director of the Department of Consumer Protection and Business Licensing; and contain the information that the Director of the Department of Consumer Protection and Business Licensing requires. The application for an initial license must be made in person, at the places the Director of the Department of Consumer Protection and Business Licensing designates. Applications for a renewal license need not be made in person. The Director of the Department of Consumer Protection and Business Licensing must issue a permit to the applicant if:the applicant is 18 years old or older; and in the Director’s discretion and judgment, the public health, safety, or security will not suffer by the permit’s issuance. City Code, 1966, art. 19, §32(part) 1976/83, art. 19, §37(part) Ord. 60-411 Ord. 70-960 Ord. 01-243

Unless sooner revoked, each permit expires on the third December 31 after it is issued. The fee for each permit issued under this subtitle is $10. A permit issued under this subtitle is not transferable. City Code, 1966, art. 19, §32(part) 1976/83, art. 19, §37(part) Ord. 60-411 Ord. 70-960 Ord. 01-243

Each permit issued under this subtitle:must be numbered; and must contain: a photograph of the scrap collector or scavenger; and the name, address, and general physical description of the scrap collector or scavenger. Whenever a scrap collector or scavenger is engaged in any activity subject to this subtitle, the scrap collector or scavenger must have the required permit or photographic identification available on his or her person for immediate inspection by any police officer or by any person with whom the scrap collector or scavenger is doing business. City Code, 1966, art. 19, §32(d)(2nd - 3rd sens.) 1976/83, art. 19, §37(f)(2nd - 3rd sens.) Ord. 60-411 Ord. 70-960 Ord. 01-243

The Director of the Department of Consumer Protection and Business Licensing may refuse to issue a permit and may revoke any permit already issued if: within the preceding 5 years, the scrap collector or scavenger was convicted of larceny, burglary, or receiving stolen goods; or the Director finds that:the scrap collector or scavenger has violated any provision of this subtitle; and the public health, safety, or security would suffer by the issuance or continuance of the permit. City Code, 1966, art. 19, §32(e)(2nd - 3rd sens.) 1976/83, art. 19, §37(g)(2nd - 4th sens.) Ord. 60-411 Ord. 70-960 Ord. 01-243

Except as specified in subsection (b) of this section, a scrap collector or scavenger may engage in an activity subject to this subtitle only during the following hours:during the months of October through April, inclusive, from 7 a.m. to 6 p.m.; and during the months of May through September, inclusive, from 7 a.m. to 8 p.m. On application by a scrap collector or scavenger, the Director of the Department of Consumer Protection and Business Licensing may authorize additional or alternative hours if:he scrap collector or scavenger has an established place of business in the City or an adjacent county; and the Director of the Department of Consumer Protection and Business Licensing finds that the restrictions imposed by this section would be a health or safety hazard or create an unjust hardship. A scrap collector or scavenger may not transport scrap by cart, carriage, dray, or wagon or by any other transport except a motor vehicle displaying current registration markers. City Code, 1966, art. 19, §34 1976/83, art. 19, §39 Ord. 60-411 Ord. 70-960 Ord. 01-243

Any scrap collector, scavenger, or other person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. City Code, 1966, art. 19, §36 1976/83, art. 19, §41 Ord. 60-411 Ord. 70-960 Ord. 01-243 Ord. 08-076

In this subtitle, the following terms have the meanings indicated. “Scrap metal” means any object that consists in whole or substantial part of ferrous or non-ferrous metal. “Scrap metal dealer” means any person who, whether as a dealer, a broker, or otherwise, buys, processes, or sells scrap metal. “Scrap metal dealer” does not include:a person whose business is limited to the purchase of aluminum cans for recycling purposes; an automotive dismantler and recycler:who is licensed under State Transportation Article, Title 15 {“Vehicle Laws – Licensing of Businesses and Occupations”}, Subtitle 5 {“Automotive Dismantlers and Recyclers and Scrap Processors”}; and whose business is limited to the acquisition of whole vehicles for the purpose of dismantling, destroying, or scrapping them for the benefit of their parts or the materials in them; or a landfill or solid-waste facility that:is licensed by the Finance Director; or is operated by a governmental entity or an instrumentality or unit of a governmental entity. City Code, 1976/83, art. 19, §41A Ord. 90-641 Ord. 01-243 Ord. 10-255 Ord. 10-389 Ord. 22-125

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, the Director of the Department of Consumer Protection and Business Licensing may adopt rules and regulations to carry out this subtitle. Ord. 01-243 Text Conformed 02/12/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

No person may do business as a scrap metal dealer unless that person: has first obtained all State licenses for the business; and has then obtained from the Department of Consumer Protection and Business Licensing a City license under this Subtitle 8 {“Scrap Metal Dealers”}. City Code, 1950, art. 24, §16(part) 1966, art. 19, §40(part) 1976/83, art. 19, §47(part) Ord. 41-408 Ord. 70-852 Ord. 77-389 Ord. 84-165 Ord. 90-508 Ord. 90-641 Ord. 01-243 Ord. 10-255 Ord. 10-389

The application for a license shall: be made in the form and contain the information that the Director of the Department of Consumer Protection and Business Licensing requires; and contain a notarized statement that attests, under penalties of perjury, to the truth of all information provided. City Code, 1950, art. 24, §16(part) 1966, art. 19, §40(part) 1976/83, art. 19, §47(part) Ord. 41-408 Ord. 70-852 Ord. 77-389 Ord. 84-165 Ord. 90-508 Ord. 90-641 Ord. 01-243 Ord. 10-255 Ord. 10-389

The application fee and annual license fee for each place of business are as set by the Department of Consumer Protection and Business Licensing, with the approval of the Board of Estimates. Collection. These fees are collectible in accordance with City Code <cite data-path="|15">Article 15 {“Licensing and Regulation”}</cite>, Subtitles 46 {“Administration and Enforcement”} and 47 {“Penalties”}. City Code, 1950, art. 24, §16(part) 1966, art. 19, §40(part) 1976/83, art. 19, §47(part) Ord. 41-408 Ord. 70-852 Ord. 77-389 Ord. 84-165 Ord. 90-508 Ord. 90-641 Ord. 01-243 Ord. 10-255 Ord. 10-389

The Director of the Department of Consumer Protection and Business Licensing may deny, suspend, revoke, or refuse to renew a license if, after giving the applicant or licensee notice and an opportunity to be heard, the Director of the Department of Consumer Protection and Business Licensing finds that the applicant or licensee: has made a material misstatement or omission in any application for an initial or renewal license; has failed to maintain in good standing any State license required for the business; has violated a provision of:this Subtitle 8 {“Scrap Metal Dealers”}; State Business Regulation Article Title 17, Subtitle 10 {“Junk Dealers and Scrap Metal Processors”}, as found by a court of competent jurisdiction; or a rule or regulation adopted under either of these laws; or has engaged in a pattern and practice of receiving stolen goods. Ord. 10-255 Ord. 10-389

A person aggrieved by a decision of the Department of Consumer Protection and Business Licensing under <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|2|§8-11">§ 8-11 {“Denial, suspension, etc., of license”} of this subtitle</cite> may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 10-255 Ord. 10-389

Any scrap metal dealer or other person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 12 months or to both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. City Code, 1927, art. 32, §25 1950, art. 24, §17(2nd par.) 1966, art. 19, §41(2nd par.) 1976/83, art. 19, §48(2nd par.) Ord. 20-496 Ord. 32-168 Ord. 40-245 Ord. 01-243 Ord. 08-076 Ord. 10-389

It shall be unlawful for any person, firm, or corporation doing a public laundry business, or any employee thereof, between the hours of midnight and 6 a.m. of any day:to operate a laundry; to collect wearing apparel or articles of any kind whatsoever to be washed or laundered; or to deliver the same after having been washed or laundered. Any person, firm, or corporation violating the provision of this section shall, upon conviction thereof, be fined not less than $50 nor more than $100 for each offense. City Code, 1927, art. 32, §26 1950, art. 24, §22 1966, art. 19, §46 1976/83, art. 19, §53 Ord. 25-507 Ord. 27-960

This section applies to all establishments engaged in the business of cleaning and finishing any wearing apparel, such as:hand and steam laundries; retail and wholesale cleaners; agents and agencies; bobtailors; and all so engaged in this type of business. Each person, firm, or corporation conducting a laundry or dry cleaning establishment, or offering as an independent contractor the services of such an establishment, shall report to the Police Commissioner, on forms supplied by the Commissioner, the type and style of laundry or dry cleaning identification marks which are attached to or stamped or written upon garments processed by such establishment when returned to the customer. Such report shall be accompanied by actual samples of the identification markings used. The person, firm, or corporation shall make the report immediately on entering the business of laundry or dry cleaning. Any change in identification marking systems, either by eliminating such marking or changing the system of identification marking used, shall be reported to the Commissioner immediately. Each such laundry, dry cleaning establishment, or independent contractor shall retain, for a period of 90 days from time garment is delivered to customers, such customers’ records as relate to identification marks, and names and addresses of customers. Any person, firm, or corporation who violates any provision of this section shall, upon conviction, be subject to a fine of not more than $100 or to imprisonment of not more than 3 months in the Baltimore City Jail, or, in the discretion of the Court, to both fine and imprisonment for each offense. City Code, 1966, art. 19, §47 1976/83, art. 19, §54 Ord. 53-734 Ord. 04-672

In general. In this subtitle, the following terms have the meanings indicated. “Credit price” means the total cost, including any fees, for 1 whole measurement unit of regular gasoline sold on the premises that is payable to a fuel station by a customer using a credit card or other non-cash form of payment. “Motor fuel” means:a light distillate of petroleum or allied substance with suitable volatility and other characteristics to be used as a fuel for operating internal combustion engines whether or not it is mixed with other materials; or any other product or liquid when sold for use as a fuel in any type of internal combustion engine furnishing power to operate a motor vehicle. “Retail dealer” means any person, firm, or corporation operating a service station, filling station, store, garage, or other place of business for the retail sale of motor fuel or the sale or dispensing of motor fuel for delivery into the service tank or tanks of any motor vehicle which is propelled by an internal combustion motor, other than such a motor vehicle belonging to the person owning or operating said place of business. City Code, 1976/83, art. 14, §7 Ord. 76-066

No retail dealer shall engage in the business of selling motor fuel at retail without first procuring from the Director of the Department of Consumer Protection and Business Licensing a license for each station, store, garage or other establishment at which his said business is to be conducted. Licenses issued under this section:shall be issued upon written application to the Director of the Department of Consumer Protection and Business Licensing; shall be issued only to persons, firms, or corporations who own the business to be licensed and who are the owners or lessees of the premises on which the business is to be conducted; shall be effective from the date of their issuance until January 1 of the ensuing year; and shall be renewed annually. A license fee of $150 shall be paid for the issuance of every such license and every renewal thereof. Each licensee shall conspicuously display his license at the station, store, garage, or other establishment to which it pertains. The requirements of this section with respect to licenses are hereby declared to be in addition to, and not in substitution for, license requirements contained in any other statute or ordinance. City Code, 1976/83, art. 14, §8 Ord. 76-066 Ord. 83-163 Ord. 90-511

The Mayor and City Council of Baltimore finds and declares that the public health, safety, welfare, and convenience require motor fuel service stations offering motor fuel for sale at retail to the public, have and maintain toilet and hand washing facilities and water for motor vehicle purposes. In this section, unless the context clearly indicates otherwise, the following words have the meanings indicated. “Convert” means to alter or change the method of distribution of motor fuel from full service method of distribution to a minimum service method of distribution by construction, renovation or otherwise altering the method of distribution of motor fuel into the tanks and vehicles of consumers. “Full service” means that service provided by a retail dealer of a motor fuel service station for consumers, including dispensing of motor fuel by the retail dealer or the retail dealer’s employees along with auxiliary services for the repair and maintenance of motor vehicles on the premises inside a garage or other motor fuel service station structure or enclosure. “Minimum service” means that service provided by a retail dealer of a motor fuel service station for consumers including the dispensing of motor fuel by a retail dealer or retail dealer’s employees or permitting the consumers to serve themselves by dispensing motor fuel into their own tanks or motor vehicles and does not have a garage or other motor fuel service station structure or enclosure for the repair and maintenance of motor vehicles. “Motor fuel service stations” means any motor fuel service station, service station, filling station, store, garage, or other place of business for the retail sale of motor fuel or the sale or dispensing of motor fuel for delivery into the service tank or tanks of any motor vehicle which is propelled by an internal combustion motor. After January 1, 1980, every retail dealer licensed under this subtitle who opens a new motor fuel service station shall provide free of charge to patrons the following:toilet facilities and hand washing facilities maintained in good working order and sanitary conditions; hand towels at every self-service island for the use of patrons; and at least 1 water outlet in good operating condition and accessible to patrons. Retail dealers currently operating motor fuel service stations shall provide any or all of the facilities required by subsection (c) to the same extent that they are provided by those facilities on January 1, 1980. Retail dealers who convert their motor fuel service stations from a full service motor fuel service station to a minimum service motor fuel service station shall provide any or all of the facilities required by subsection (c) to the same extent that they provided those services on January 1, 1980, before the conversion. City Code, 1976/83, art. 14, §8A Ord. 76-066 Ord. 15-346

The City Council finds that the preservation of the natural beauty of Baltimore City requires the limitation of signs advertising prices of motor vehicle fuels at places dispersing fuels in Baltimore City. Such limitation will equally serve to protect the safety and recreational value of public travel on streets in the City and will better protect the public investment in its streets and highways. In furtherance of these purposes, the following limitations are enacted. Every retail dealer in motor fuel shall publicly display and maintain on each pump or other dispensing device, from which motor fuel is sold by him, at least 1 sign and not more than 2 signs stating the price per gallon of the motor fuel, the State and Federal taxes, and the total price, sold by him from such pump or device. Said sign or signs shall be of a size not larger than 8 inches by 10 inches. The price shown on each of such signs shall include an itemization of the cost per gallon of said motor fuel, the amount of Federal taxes, and the amount of State taxes. All figures, including fractions, upon said signs, other than figures and fractions used in any price-computing mechanism constituting a part of any such pump or dispensing device, shall be of the same size. If a retail dealer in motor fuel posts a sign under § 10-315(e) of the State Business Regulation Article, the sign must include, clearly and visibly, the highest credit price. No signs stating or relating to the prices of motor fuel and no signs designed or calculated to cause the public to believe that they state or relate to the price of motor fuel, other than the signs referred to in subsections (b) and (c) of this section and required to be displayed upon pumps and other dispensing devices, shall be posted or displayed on or about the premises where motor fuel is sold at retail, and within the view of any public highway or reservation. City Code, 1976/83, art. 14, §9 Ord. 76-066

All above-ground equipment for storing or dispensing motor fuel operated by a retail dealer shall bear in a conspicuous place the brand name or trademark of the manufacturer or distributor of the product stored therein or sold or dispensed therefrom. If the motor fuel stored in or sold or dispensed from above-ground equipment by a retail dealer has no brand name or trademark, each container or dispensing equipment shall have conspicuously displayed thereon the words “No Brand”. No person shall adulterate or permit the adulteration of any motor fuel or lubricating oil offered for sale or sold under a brand name or trademark or distinguishing mark of the manufacturer or distributor of said products, or substitute or permit the substitution of any other motor fuel or lubricating oil therefor. No person shall sell or dispense, or offer to sell or dispense, from any pump, tank, or other dispensing device or container any motor fuel or lubricating oil other than that indicated by the name, trade name, trademark, symbol, sign, or other distinguishing mark of the manufacturer or distributor of said product, if any, appearing on said pump, tank, or other dispensing device or container. City Code, 1976/83, art. 14, §10 Ord. 76-066

Except as provided in subsections (b) and (c) of this section, any retail service station dealer who provides a price reduction on motor fuel for self-service shall provide, upon request, refueling services at self-service pumps at the self-service price to senior citizens upon proof that said driver is 70 years old or older. The provisions of this section do not apply to retail service station dealers selling motor fuel from the following facilities:exclusively self-service stations which have remotely controlled gas pumps, which are operated by a single cashier, and which do not provide motor fuel pump service; or convenience stores that sell gasoline through remotely controlled pumps that do not provide motor fuel pump service. This section does not apply to any senior citizen driver age 70 or older who is accompanied by another person who is capable of providing self-service. City Code, 1976/83, art. 14, §10A Ord. 90-552

Any court of competent jurisdiction shall have jurisdiction in equity to enjoin the habitual, continued, or repeated violation of any provision of this subtitle by any retail dealer. Petitions for such relief may be filed by any person injured or damaged by such violation. City Code, 1976/83, art. 14, §12 Ord. 76-066

Except as provided under subsections (b) and (c) of this section, whoever, himself or by his agent or servant, violates any provision of this subtitle shall be punished by a fine of not less than $10 nor more than $100. Upon the 2nd conviction of any licensee or any such violation, whether by himself or by his agent or servant, the Director of the Department of Consumer Protection and Business Licensing may suspend the right of such licensee to engage in the business of selling motor fuel at retail for a period not exceeding 3 months. Upon a 3rd or subsequent conviction of any license of any such violation, whether by himself or by his agent or servant, the Director of the Department of Consumer Protection and Business Licensing may suspend such right for a period not exceeding 1 year. Any retail dealer of motor fuel violating <cite data-path="2|§10-4|(c)">§10-4(c)</cite> of this subtitle is subject to:for a first offense, a fine of not more than $100; for a second offense, a fine of not more than $250; for a third offense, a fine of not more than $500; and for a fourth or subsequent offense, a fine of not more than $1,000 and the suspension of the retail dealer’s license under <cite data-path="2|§10-2">§ 10-2</cite> of this subtitle. Any retail service station dealer who is convicted of a violation of any provision of <cite data-path="2|§10-6">§ 10-6</cite> of this subtitle is subject to a fine of not more than $25. City Code, 1976/83, art. 14, §11 Ord. 76-066 Ord. 90-552

“Pawnbroker” means a person, corporation, member, or members of a corporation or firm:who loans money on deposits or pledge on personal property or other valuable thing, other than securities or printed evidences of indebtedness; or who deals in the purchasing of personal property or other valuable things on condition of selling the same back at a stipulated price. “Transaction” means:a loan of money by a dealer on deposit or pledge of personal property or other valuable thing, other than securities or printed evidences of indebtedness; or a purchase by a dealer of personal property or other valuable thing with or without the condition of selling the same back at a stipulated price. City Code, 1950, art. 19, §40 1966, art. 15, §58 1976/83, art. 15, §77 Ord. 41-409 Ord. 94-332

The 45 pawnbroker licenses issued as of May 18, 1994, shall be the maximum number of pawnbroker licenses that may be issued in the City of Baltimore. After May 18, 1994, the Director of the Department of Consumer Protection and Business Licensing of Baltimore is hereby authorized to transfer licenses under the corporate seal, to such person, firm, or corporation as shall produce to him satisfactory evidence of his, her, their, or its good character, to exercise or carry on the house or business of pawnbrokers, which licenses shall designate the house in which such person, firm, or corporation shall respectively be licensed to carry on the said trade or business. Each person, firm, or corporation receiving the said license shall pay therefor the sum of $2,000 annually. The annual license fee shall be collectible pursuant to <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|15">Article 15</cite>, Subtitles 46 and 47 of the City Code. The license granted as aforesaid may be renewed on application to the Director of the Department of Consumer Protection and Business Licensing each and every year on payment of the same sum. All transfers shall comply with the provisions of Zoning Code of the Baltimore City Code and with any applicable urban renewal ordinance. City Code, 1879, art. 33, §29 1893, art. 33, §36 1927, art. 25, §30 1950, art. 19, §39 1966, art. 15, §57 1976/83, art. 15, §76 Ord. 41-409 Ord. 70-857 Ord. 77-388 Ord. 90-513 Ord. 94-332

No person shall use, exercise or carry on the trade or business of pawnbroker in this City, without having such license as aforesaid, nor in any other house than the one designated in said license, unless in case of removal. The Director of the Department of Consumer Protection and Business Licensing shall endorse on said license the house to which the party shall have removed. It shall be unlawful for any person, firm, or corporation, who or which is not currently licensed under the provisions of this subtitle, to publish, advertise, exhibit, or display in any manner the word “pawnbroker” or to display or exhibit three gilt spheres or any other traditional emblem or insignia of a pawnbroker, on or adjacent to the building or buildings occupied by him or it. City Code, 1893, art. 33, §37(1st, 2nd cls.)) 1927, art. 25, §31(1st, 2nd cls.)) 1950, art. 19, §41(1st, 2nd cls.)) 1966, art. 15, §§59, 60(1st, 2nd cls.)) 1976/83, art. 15, §§78, 79(1st, 2nd sens.) Ord. 1890-037 Ord. 20-526 Ord. 54-1145 Ord. 54-1273 Ord. 76-067 Ord. 94-332

Every person, firm, or corporation so licensed as aforesaid, shall, at the time of receiving such license, enter into an obligation to the Mayor and City Council of Baltimore with good and sufficient sureties to be approved by the Comptroller of the City of Baltimore in the penal sum of $50,000, conditioned on the faithful observance of this subtitle, and such other ordinances as may be passed on this subject. Any pawnbroker who shall violate this section by failure to file such bond, or to obtain the license as aforesaid, though continuing to transact the business of a pawnbroker, shall be deemed guilty of a misdemeanor and shall be subject to the penalties imposed in <cite data-path="|2|§11-19">§ 11-19 of this article</cite>. City Code, 1879, art. 33, §34 1893, art. 33, §38 1927, art. 25, §32 1950, art. 19, §42 1966, art. 15, §61 1976/83, art. 15, §80 Ord. 41-409 Ord. 94-332

A pawnbroker may not acquire any merchandise in a pawn transaction with a minor. City Code, 1976/83, art. 15, §81(g) Ord. 94-332

Each pawnbroker shall submit to the Police Commissioner and the Director of the Department of Consumer Protection and Business Licensinga daily report of all articles taken on pledge. The pawnbroker shall forward the daily report to the Police Department and the Department of Consumer Protection and Business Licensing, as provided in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|2|§11-7">§ 11-7 of this subtitle</cite>. The daily report shall include:the date, place, and time of each transaction; the name and address of principal, if the transaction is by an agent; a description of the transacted item, including:the type of item; its manufacturer, model number, year of manufacture if known, and/or soundex number or unique identifying number found on said property; its color and size; for jewelry, a description by weight if payment is based on weight, style, gender, number of stones, configuration of stones, any initials or distinguishing marks or inscriptions; a statement of whether it appears to have been altered by any means, including:obscuring a serial number or identifying feature; melting; or recutting a gem; and the amount paid or other consideration; for each individual from whom a pawnbroker acquires a transacted item:the individual’s name, date of birth, and license number from a clearly identifiable driver’s license; or identification information about the individual that:positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, military identification, passport, or other similar photographic identification; and provides a physical description of the individual including sex, race, date of birth, any distinguishing features, and weight of individual; a statement indicating whether or not the person making the transaction is known to the dealer, i.e. has done business with the pawnshop on a previous occasion; and the signature of the person from whom the item is acquired and the signature of the pawnbroker or dealer who accepted the item. City Code, 1927, art. 25, §33(1st par.) 1950, art. 19, §43(1st par.) 1966, art. 15, §62(a) 1976/83, art. 15, §81(a), (b) Ord. 13-313 Ord. 20-495 Ord. 94-332 Ord. 08-073

A pawnbroker shall submit each daily report to the Police Department and the Department of Consumer Protection and Business Licensing in the following formats:by electronic transmittal, in the format and manner required by the Police Commissioner; and if the electronic transmission is not submitted with an electronic signature acceptable to the Police Commissioner, in writing, on the forms supplied by the Police Commissioner. The electronic report shall be submitted before noon on the business day immediately following the day for which the report is made. The written report shall be submitted by:mailing the report at the end of the business day for which the report is made; or hand delivery or facsimile transmission before noon on the business day immediately following the day for which the report is made. A daily report submitted under this subtitle shall be open to the inspection by those persons that, in the discretion of the Police Department, are regarded as having an interest in them. City Code, 1927, art. 25, §33(1st par.) 1950, art. 19, §43(1st par.) 1966, art. 15, §62(a) 1976/83, art. 15, §81(d) Ord. 13-313 Ord. 20-495 Ord. 94-332 Ord. 08-073

Subject to Police Department procedures permitting or authorizing shorter holding periods, each pawnbroker shall hold:reported transaction precious metal items on the premises for at least 18 days; and all other reported transaction items on the premises for at least 10 days. After the initial holding period required by subsection (a) of this section, a pawnbroker shall continue to hold a transaction item if:a law enforcement officer requests that the pawnbroker hold the item; the law enforcement officer has reasonable cause to believe the item has been stolen; and the item has not been identified under <cite data-path="|2|§11-9|(a)|(2)">§ 11-9(a)(2) of this subtitle</cite>. If a transaction item is placed on additional police hold under this subsection, the pawnbroker shall:continue to hold the item until:the police seize it; the Police Department releases the police hold or directs the item to be released to its owner; or 1 year after the additional police hold was imposed; and if requested to do so, submit to the Police Department a photograph of the item, either by electronic transmittal or by mail or hand delivery, by the same deadline as required by <cite data-path="|2|§11-7">§ 11-7 of this subtitle</cite> for a daily report. City Code, 1976/83, art. 15, §81(c)(1)(2nd sen.), (f)(2) Ord. 94-332 Ord. 08-073

A pawnbroker shall release to the Police Department any item in the pawnbroker’s possession if:the item is established to be stolen; the owner of the item or the victim of the theft has:positively identified the item; and provided an affidavit of ownership or previously made a report of the theft to a law enforcement agency; the stolen property report describes the item by:date; initials; an insurance record; a photograph; a sales receipt; a serial number; specific damage; a statement of facts that show the item is one of a kind; or a unique engraving; and the pawnbroker is given a receipt for the item released. When the primary law enforcement agency no longer needs a transacted item for evidence it may be released to the owner after adjudication. A pawnbroker who is required to release an item under this section is not entitled to reimbursement for any pledge or purchase price from:the primary law enforcement agency; the owner of the item; or the victim of the theft. City Code, 1976/83, art. 15, §81(f)(1), (3), (4) Ord. 94-332 Ord. 08-073

All items in a pawnshop shall be clearly marked or labeled to correlate with: the transaction sheet or receipt of purchase; or the invoice if the item is in for repair. City Code, 1976/83, art. 15, §81(c)(2) Ord. 94-332

All reported transaction sheets shall be kept on the premises for 3 years from the date of the transaction. City Code, 1976/83, art. 15, §81(c)(1)(1st sen.) Ord. 94-332

A pawnbroker shall allow an authorized law enforcement officer or a special enforcement officer, as defined in City Code Article 19 § 71-1 {“Appointment; Duties”}, on request to enter the place of business or storage premises of the dealer during business hours to inspect a record of transactions and/or items as part of an investigation of stolen property. On request of the pawnbroker, the officer shall make the inspection in the presence of a dealer. If the pawnbroker refuses to allow access or produce the record or item for inspection, the officer shall seek a search warrant. City Code, 1976/83, art. 15, §81(e) Ord. 94-332

Each and every pawnbroker licensed as aforesaid: shall be capable:of receiving from any person or persons (except a minor or apprentice, knowing or having reason to believe him to be such), bodies corporate, or politic, any deposit or merchandise of every description, as collateral security for such amounts thereon to be advanced by them, as they may deem proper and judicious; to hold and retain the same during such time as may be agreed on between the party or parties depositing the same and the said pawnbrokers; and to charge for such advances, interest at the established legal rate, and an additional charge as hereinafter specified, appropriate to the nature of the deposit, and the proper storage, removal and care of the same; and shall give to the party or parties so depositing, a certificate specifying:the sum advanced; the date of deposit; the article or articles deposited; the amount of charge; the time for which such deposits shall be kept; and the name of the depositor, and his, her, or their place of business, and if none, of abode. City Code, 1879, art. 33, §32 1893, art. 33, §39 1927, art. 25, §34 1950, art. 19, §44 1966, art. 15, §63 1976/83, art. 15, §82 Ord. 1867-074

The article so depositedmay and, if so agreed, shall be held by said pawnbroker 6 months, to be computed from the date of certificate as aforesaid; and if not then redeemed, or by contract the certificate thereof be renewed, it shall and may be lawful for the said pawnbroker then to proceed to have such deposit sold, on first giving 10 days’ notice in a newspaper published in said City, of the time, place, and mode of sale for cash and at public sale, which shall be effected by an agent by said pawnbroker to be designated. At the sale, it shall and may be lawful for the pawnbroker, when by him deemed essential for self-protection, to be a competitor. Upon such sale being made, an account thereof, sworn to by the agent effecting the same as in all respects fair and bona fide shall be rendered to and kept by said pawnbroker, and a copy thereof shall be delivered on reasonable demand to the depositor of the matter so sold. The proceeds of the sale shall be applied:first, to the payment of all expenses usual and incident to such sale, inclusive of any tax that thereon may be chargeable legally; secondly, to the legal interest and charges hereby authorized on advance and deposit as aforesaid and as herein specified; thirdly, to reimbursing to the pawnbroker the principal advanced, any deficiency wherein shall be a valid claim against such depositor; and any surplus shall be payable and paid to said depositor, or the party thereto legally entitled, if demanded at any time within 12 months from the day of such sale. City Code, 1879, art. 33, §33 1893, art. 33, §40 1927, art. 25, §35 1950, art. 19, §45 1966, art. 15, §64 1976/83, art. 15, §83 Ord. 1867-074

It shall be lawful for the said pawnbroker, in view and by reason of the necessity of extensive storage, labor incident thereto, porterage, insurance, and other expenses inseparable from the nature of the business hereby authorized, as affording a desirable and advantageous facility to the commercial and other classes of society, to charge therefor in addition to interest, at a reasonable rate, in no case to exceed 2½% each month or fraction thereof, to be computed on the principal advanced as aforesaid. For any month or fraction thereof in which the total amount of legal interest and additional charges of any loan are less than the minimum rates as hereafter set forth, it shall be lawful to charge, in lieu of such interest and additional charges, a minimum rate of:$0.25 on loans less than $4; $0.50 on loans of $4 or more but less than $8; $0.75 on loans of $8 or more but less than $12; and $1 on loans of $12 or more. Every pawnbroker shall cause to be kept in suitable books therefor, to be provided by said pawnbroker an accurate account of each transaction authorized by this subtitle. All the business and affairs of said pawnbroker shall be subject at all times to inspection of such agent or officer of Baltimore City or of such committee as for that purpose may be designated by the Mayor and City Council of Baltimore. City Code, 1879, art. 33, §34 1893, art. 33, §41 1927, art. 25, §36 1950, art. 19, §46 1966, art. 15, §65 1976/83, art. 15, §84 Ord. 1867-074 Ord. 59-1909

No license as a pawnbroker shall be granted to any person who has an ordinary license, or license for the retailing of spirituous liquors. No house wherein said trade or business is carried on shall be opened at an earlier hour than 8 a.m., nor shall it be kept open later 6:30 p.m., except between December 15 and December 31, inclusive, when it may be kept open until 11 p.m. No business shall be conducted on a Sunday by a pawnbroker in Baltimore City. City Code, 1879, art. 33, §37(intro)) 1893, art. 33, §§37(4th cl.), 44(1st sen.) 1927, art. 25, §§31(4th sen.), 39(1st sen.) 1950, art. 19, §§41(4th sen.), 49(1st sen.) 1966, art. 15, §§60(3rd sen.), 67(1st sen.) 1976/83, art. 15, §§79(3rd, 4th sens.), 86(a) Ord. 1890-037 Ord. 20-526 Ord. 54-1273 Ord. 94-332

The license of any pawnbroker who has violated 2 or more provisions of this subtitle within a 12-month period may be suspended or revoked by the Director of the Department of Consumer Protection and Business Licensing if there appears to him sufficient cause for so doing. City Code, 1976/83, art. 15, §86(b) Ord. 94-332

If any person or persons shall sustain any injury or damage from any act or default of a pawnbroker, contrary to the tenor of his obligation as aforesaid, such person or persons may institute an action in any court having jurisdiction, for his, her, or their use or benefit, in the name of the Mayor and City Council of Baltimore, upon the obligation given as aforesaid, in which action he, she, or they shall recover judgment for the amount of the damages sustained. City Code, 1879, art. 33, §35 1893, art. 33, §42 1927, art. 25, §37 1950, art, 19, §47 1966, art. 15, §66 1976/83, art. 15, §85 Rev. Ords. 1858-038

Any person, firm, corporation, or other legal entity violating any provision of this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than $500 and not more than $1,000 or to imprisonment for not longer than 6 months, or to both fine and imprisonment, in the discretion of the court. City Code, 1879, art. 33, §38 1893, art. 33, §45 1927, art. 25, §40 1950, art. 19, §50 1966, art. 15, §68 1976/83, art. 15, §87 Rev. Ords. 1858-038 Ord. 41-409 Ord. 94-332

In this subtitle, the following words have the meanings indicated. “Antique dealer” means any person engaged in the business of buying for resale, trade, or transfer personal property that has special value because of its age, including but not limited to paintings, clothing, furniture, glass, ceramics, rugs, silverware, carvings, sculpture, and other moveable personal property, excluding motor vehicles, records, tapes, compact discs, and books. “Consignment goods dealer” means any person receiving consignment goods for the purpose of selling them. “Consignment goods” includes all categories of moveable personal property enumerated in subsections (b) and (f) of this section. “Dealer” means any:second-hand personal property dealer; antique dealer; or consignment goods dealer. “Second-hand personal property dealer” means any person engaged in the business of buying for resale, trade, or transfer used or previously owned property or merchandise, including, but not limited to, clothes, furniture, household items, and other moveable personal property, excluding motor vehicles, records, tapes, compact discs, and books. “Transfer” means to purchase, sell, trade, consign, or otherwise exchange personal property or merchandise for consideration. City Code, 1976/83, art. 19, §48A Ord. 90-641 Ord. 97-206 Ord. 22-125

This subtitle does not apply to:any person licensed as a pawnbroker under Subtitle 11 of <cite data-path="|2">this article</cite>; or any person licensed as a scrap metal dealer under Subtitle 8 of <cite data-path="|2">this article</cite>. This subtitle does not apply to any dealer that is exempt from taxation under § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code. City Code, 1976/83, art. 19, §48J(a), (b) Ord. 90-641 Ord. 97-206 Ord. 01-243 Ord. 10-389

Except as provided in <cite data-path="|2|§12-4">§ 12-4 of this subtitle</cite>, each person conducting business as a second-hand personal property dealer, antique dealer, or consignment goods dealer within the City of Baltimore shall pay for the privilege of conducting that business by first taking out an annual license and paying an annual license fee in the amount of $50 for each place of business. The license shall be issued by the Director of the Department of Consumer Protection and Business Licensing. The annual license fee shall be collectible pursuant to <cite data-path="|15">Article 15</cite>, Subtitles 46 and 47 of this Code. City Code, 1976/83, art. 19, §48I(a) Ord. 90-641 Ord. 97-206

In this section, “cooperative” means:a facility that is owned and operated for the benefit of, and that provides space, clerical services, or other support services at a single location for, 2 or more dealers; or any group of contiguous stores or outlets that are owned and operated as a single establishment. Subject to the rules and regulations of the Police Commissioner and the Department of Consumer Protection and Business Licensing, including provision for identifying member dealers as they change from time to time, the owner or operator of a cooperative may obtain 1 master license to cover all member dealers in the cooperative. This master license fulfills the license requirements for all dealers who have been identified to the Police Commissioner and the Department of Consumer Protection and Business Licensingas members of the cooperative. Member dealers remain individually responsible, however, for all reporting, identification, record keeping, retention, and other requirements of this subtitle. The owner or operator who obtains the master license is not personally liable for any act or omission of a member dealer to which the owner or operator was not a party. City Code, 1976/83, art. 19, §48I(b) Ord. 97-206

A dealer may not acquire any item in a transaction with a minor. City Code, 1976/83, art. 19, §48G Ord. 97-206

An individual who transfers or otherwise disposes of an item to a dealer or to the agent or employee of a dealer may not fail or refuse to give: the individual’s true name, age, and address; and if the individual is acting as an agent for a principal, the principal’s true name, age, and address. City Code, 1976/83, art. 19, §48H Ord. 97-206

Each dealer shall submit to the Police Commissioner and the Director of Consumer Protection and Business Licensing a daily report of each transaction in which a person transfers items to the dealer on that day. The dealer shall forward the daily report to the Police Department and Department of Consumer Protection and Business Licensing, as provided in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|2|§12-8">§ 12-8 of this subtitle</cite>. Except as provided in this subtitle, the daily report shall contain the information specified in subsection (c) of this section for:each item transferred; or each group of substantially similar items transferred as part of 1 transaction. The daily report shall include:the date, place, and time of each transaction, including the location where the dealer purchased or received the item or group of items; a description of the item or group of items, including:the specific type and number of items; the manufacturer, model number, and year of manufacture, if known, and any soundex number or unique identifying number found on the item; the color, size, style, and approximate age; for jewelry (other than costume jewelry meeting standards set by the Police Commissioner), a description by weight (if payment is based on weight), style, gender, number and configuration of stones, and any initials or distinguishing marks or inscriptions; a statement of whether or not the item appears to have been altered by any means, including:obscuring a serial number or identifying feature; melting; or recutting a gem; and the amount paid or other consideration; for each individual from whom the dealer acquires an item:the individual’s name, date of birth, and license number from a clearly identifiable driver’s license; identification information about the individual that:positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, military identification, passport, or other similar photographic identification; and provides a physical description of the individual, including the sex, race, date of birth, any distinguishing features, and weight of the individual; or a statement by the dealer that:the dealer has known the transferor of the item for 10 years or longer and knows that the transferor has lived at his/her current residence for not less than 3 years; that the specific information required by subitems (i) or (ii) of this item (3) is retained in the dealer’s records; and that a record of the transaction signed by the individual from whom the item is acquired is retained in the dealer’s records; if the individual from whom the dealer acquires the item is acting as an agent for a principal, the same information for the principal as that which is required by item (3) of this subsection to be given for the agent; a statement indicating whether or not the person making the transfer is personally known to the dealer; and the signature of the dealer who accepted the item and, except for a transaction reported under item (3)(iii) of this subsection, the signature of the individual from whom the item is acquired. City Code, 1976/83, art. 19, §48B(a) - (c) Ord. 97-206 Ord. 08-073

A dealer shall submit each daily report to the Police Department and the Department of Consumer Protection and Business Licensing in the following formats:by electronic transmittal, in the format and manner required by the Police Commissioner; and if the electronic transmission is not submitted with an electronic signature acceptable to the Police Commissioner, in writing, on the forms supplied by the Police Commissioner. The electronic report shall be submitted before noon on the business day immediately following the day for which the report is made. The written report shall be submitted by:mailing the report at the end of the business day for which the report is made; or hand delivery or facsimile transmission before noon on the business day immediately following the day for which the report is made. A daily report submitted under this subtitle is confidential, as provided in <cite data-doc="Md. Code" data-path="gbr|12-304">§ 12-304(c) of the Business Regulation Article of the Maryland Code</cite>. City Code, 1976/83, art. 19, §48C Ord. 97-206 Ord. 08-073

Except as authorized under subsection (b) of this section, each dealer shall hold at the dealer’s place of business all acquired items, as follows:a precious metal object, as defined in <cite data-doc="Md. Code" data-path="gbr|12-101">§ 12-101 of the Business Regulation Article of the Maryland Code</cite>, shall be held for at least 18 days after the report of its acquisition is made in accordance with this subtitle; and every other item shall be held for at least 10 days after the report of its acquisition is made in accordance with this subtitle. The Police Commissioner shall adopt reasonable procedures for granting waivers or permitting shorter holding periods, on an ad hoc or long-term basis, in cases of dealer hardship, subject to such record-keeping or other reasonable requirements as may be necessary to preserve the integrity of the reporting and holding requirements of this subtitle. These procedures shall include:provisions for waiving the holding period for items purchased directly from, and previously held for the required period by, another dealer, pawnbroker, or scrap metal dealer; and a mechanism for assuring prompt decisions on requests for waivers. After the initial holding period required by subsection (a) of this section, a dealer shall continue to hold an item if:a law enforcement officer requests that the dealer hold the item; the law enforcement officer has reasonable cause to believe the item has been stolen; and the item has not been identified under <cite data-path="|2|§12-10|(a)|(2)">§ 12-10(a)(2) of this subtitle</cite>. If an item is placed on additional police hold under this subsection, the dealer shall:continue to hold the item until:the police seize it; the Police Department releases the police hold or directs the item to be released to its owner; or 1 year after the additional police hold was imposed; and if requested to do so, submit to the Police Department a photograph of the item, either by electronic transmittal or by mail or hand delivery, by the same deadline as required by <cite data-path="|2|§12-8">§ 12-8 of this subtitle</cite> for a daily report. City Code, 1976/83, art. 19, §§48D(b), 48F(b) Ord. 97-206 Ord. 01-243 Ord. 08-073 Ord. 10-389

A dealer shall release to the Police Department any item in the dealer’s possession if:the item is established to be stolen; the owner of the item or the victim of the theft has:positively identified the item; and provided an affidavit of ownership or previously made a report of the theft to a law enforcement agency; the stolen property report describes the item by:date; initials; an insurance record; a photograph; a sales receipt; a serial number; specific damage; a statement of facts that show the item is one of a kind; or a unique engraving; and the dealer is given a receipt for the item released. When the police no longer need an item for evidence, it shall be returned to the owner. A dealer who is required to release an item under this section is not entitled to demand, or to condition the release on, any reimbursement from:the Police Department; the owner of the item; or the victim of the theft. City Code, 1976/83, art. 19, §48F(a), (c), (d) Ord. 97-206 Ord. 09-217

All items in the dealer’s place of business shall be clearly marked or labeled to correlate with: the dealer’s record of the transaction; and the purchase receipt or, if the item is in for consignment or repair, the invoice. City Code, 1976/83, art. 19, §48D(c)

For at least 3 years after the date of a transfer, the dealer shall hold all records of the transaction: at the dealer’s place of business; or if otherwise specifically required by the dealer’s property insurer, at some other suitable location designated by the dealer and from which the dealer can produce the records as and when needed by the Police Department and the Department of Consumer Protection and Business Licensing. City Code, 1976/83, art. 19, §48D(a) Ord. 97-206

A dealer shall allow a law enforcement officer or special enforcement officer, as defined in City Code Article 19, § 71-1 {“Appointment; duties”}, acting in the line of duty, to:enter the dealer’s place of business or storage premises during business hours; and inspect any record of transactions subject to this subtitle and any items on the premises. On request of the dealer, the officer shall make the inspection in the presence of the dealer. If the dealer refuses to allow access or refuses to produce a record or item for inspection, the officer shall seek a search warrant. City Code, 1976/83, art. 19, §48E Ord. 97-206

Consignment goods are not subject to the daily reporting requirements of <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite> or to the item retention requirements of <cite data-path="|2|§12-9">§ 12-9 of this subtitle</cite>, as long as the dealer:keeps a record, subject to inspection under <cite data-path="|2|§12-13">§ 12-13 of this subtitle</cite>, of all the information required by <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite>; and complies with all other requirements of this subtitle. This subsection applies to items acquired by a dealer:from another licensed dealer; from a person licensed as a pawnbroker; from a person licensed as a scrap metal dealer; at a public auction conducted by a licensed auctioneer; from the personal representative of a decedent; or at a public sale commonly known as a lawn sale, garage sale, or flea market. Items acquired under paragraph (1) of this subsection are not subject to the daily reporting requirements of <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite> or to the item retention requirements of <cite data-path="|2|§12-9">§ 12-9 of this subtitle</cite>, as long as the acquiring dealer:keeps a record, subject to inspection under <cite data-path="|2|§12-13">§ 12-13 of this subtitle</cite>, of the information required by <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite>; and complies with all other requirements of this subtitle. Second-hand personal property acquired by a dealer for resale, trade, or transfer exclusively at a flea market is not subject to the daily reporting requirements of <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite> or to the item retention requirements of <cite data-path="|2|§12-9">§ 12-9 of this subtitle</cite>, as long as:all of the dealer’s resale, trade, or transfer business is conducted exclusively at the flea market; the flea market is open for business no more than 2 days a week; either:the dealer is licensed under this subtitle; or the flea market has obtained a master license as a cooperative and the dealer is identified as a member of that cooperative; and the dealer keeps a record, subject to inspection under <cite data-path="|2|§12-13">§ 12-13 of this subtitle</cite>, of all the information required by <cite data-path="|2|§12-7">§ 12-7 of this subtitle</cite>. City Code, 1976/83, art. 19, §§48B(d), 48J(c), (d) Ord. 97-206 Ord. 01-243 Ord. 10-389

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, the Police Commissioner, in consultation with the Director of Consumer Protection and Business Licensing, may adopt rules and regulations to implement this subtitle and shall make these rules and regulations available to dealers and the general public. City Code, 1976/83, art. 19, §48K Ord. 90-641 Ord. 97-206 Text Conformed 02/12/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Any person who violates any provision of this subtitle or of a published rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not less than $500 nor more than $1,000 or to imprisonment for 6 months or to both fine and imprisonment in the discretion of the Court. In addition, a person convicted of violating this subtitle may be required to forfeit any item found not in compliance with this subtitle. City Code, 1976/83, art. 19, §48L Ord. 90-641 Ord. 97-206

In this subtitle, the following terms have the meanings indicated. “Automated purchasing machine” or “APM” (also known as a “reverse vending machine”) means a self-service automated device that, without the physical presence of a human agent, is capable of taking possession of and dispensing payment for any 1 or more types of personal property. Ord. 13-166 Ord. 22-125

Except as otherwise expressly provided in this subtitle, no person may purchase or offer to purchase any personal property by means of an automated purchasing machine. Ord. 13-166

This subtitle does not prohibit the use of an automated purchasing machine exclusively for collecting recyclable materials pursuant to a recycling program approved jointly by the Police Commissioner and the Commission on Sustainability. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Police Commissioner and the Commission on Sustainability may jointly adopt rules, regulations, and standards governing the recyclable materials and recycling programs that may be approved for purposes of this exception. Ord. 13-166 Text Conformed 02/12/21 Ord. 22-125 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (b) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

An automated purchasing machine (“APM”) is subject to seizure and forfeiture if it is used in violation of this subtitle. Ord. 13-166

A police officer need not have a warrant to seize an APM if:the police officer has probable cause to believe the APM has been used in violation of this subtitle; and a warrant is not constitutionally required under the circumstances. Whenever a police officer seizes an APM under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner. An APM seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it. Ord. 13-166

Promptly after seizure, the Police Department shall notify the City Solicitor in writing of the facts and circumstances supporting the seizure. On receiving the report, the Solicitor shall conduct an independent review of the facts and circumstances surrounding the seizure. If the Solicitor finds sufficient evidence that the APM was used in violation of this subtitle, the Solicitor shall notify the APM’s owner, by registered or certified mail, of the seizure and of the City’s intent to institute forfeiture proceedings. If, on the other hand, the Solicitor finds that there is insufficient evidence to prove violation, the Solicitor shall surrender the APM to the owner on the owner’s request. Ord. 13-166

If the Solicitor determines that the APM should be forfeited, the Solicitor shall, within 90 days after the seizure of the APM:file a forfeiture petition in a court of competent jurisdiction, in the name of the City against the APM, as designated by the APM’s type, manufacturer, model number or name, color, size, and serial number; and at the same time, send copies of the petition by registered or certified mail to the APM’s owner and any known secured party. The petition for forfeiture shall contain:the name of the APM’s owner; the name of any secured party whose interest appears among the records maintained by the Clerk of the Circuit Court for Baltimore City; a statement of the facts and circumstances surrounding the seizure of the APM; a statement of the specific grounds for forfeiture; and a request that the APM be forfeited to the City. Within 7 days of the petition’s filing, the Solicitor shall publish notice of the seizure and forfeiture proceeding in 1 or more newspapers of general circulation in the City. The notice shall:state the substance and object of the forfeiture petition; and state that any person claiming an interest in the seized APM must file a defense to the petition within 15 days of the date of the notice. Ord. 13-166

If the court determines that the APM should be forfeited, the court shall order the APM forfeited to the City. If, however, the court determines that the APM is subject to a bona fide recorded security interest created without the knowledge that the APM was being or was to be used in violation of this subtitle, the court shall order that the APM be released within 5 days to the secured party of record. The secured party:shall sell the APM in a commercially reasonable manner; and may not sell the APM to the owner or other person from whom it was seized. The proceeds of the sale shall be applied as follows:to the court costs of the forfeiture proceedings; to the balance due to the secured party, including all reasonable costs incident to the sale; to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure, maintenance, or custody; and to the general funds of the City. Ord. 13-166

If, after a full hearing, the court determines that the APM should not be forfeited, the court shall order the APM released. Ord. 13-166

A person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, subject to a fine of not more than $500 or imprisonment for not more than 6 months or both fine and imprisonment for each offense. Each transaction in violation of this subtitle is a separate offense. Ord. 13-166

This subtitle shall apply to real estate brokers, real estate salesmen, and real estate dealers as herein defined. “Real estate” shall include leaseholds and all other interests in real property. “Real estate broker” shall mean any person, association, copartnership, or corporation, foreign or domestic, who:for another and for a fee, commission, or any other valuable consideration, sells, purchases, exchanges, leases, rents, or collects rent, for the use of real estate; attempts or who offers by verbal solicitation, advertisement, or otherwise to perform any such function; or is engaged in the business of subdividing and selling land in building lots or sites. “Real estate dealer” shall mean one who is regularly engaged in the business of dealing and trading in real estate or leases and options thereof. “Real estate salesman” shall mean any person who performs on behalf of any real estate broker, any act or acts authorized by the Maryland Real Estate Brokers Act to be performed by a real estate broker. City Code, 1966, art. 19, §114(a)(1) 1976/83, art. 19, §132(a)(1) Ord. 60-431

Any person, partnership, association, or corporation who, for another in consideration of compensation by fee, commission, salary, or otherwise or with the intention or in the expectation or upon the promise of receiving or collecting a fee, does, offers, or attempts or agrees to do, engages in or offers or attempts or agrees to engage in, either directly or indirectly, any single act or transaction contained in the definition of “real estate broker” or “real estate salesman” in this subtitle, whether said act be an incidental part of a transaction or the entire transaction, shall be deemed a real estate broker or real estate salesman within the meaning of this subtitle. City Code, 1966, art. 19, §114(a)(2) 1976/83, art. 19, §132(a)(2) Ord. 60-431

Notwithstanding the foregoing definitions, the terms “real estate broker” and “real estate salesman” shall not include: receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment of or order of any court; public officers while performing their official duties as such; any bank, trust company, or mortgage loan institution organized under the laws of this State or the United States with respect to the management or sale of any property acquired through or in connection with mortgage foreclosures; investment homebuilders with respect to the sale or rental of housing constructed by them; attorneys-at-law who are not regularly engaged in the real estate business and who do not hold themselves out by sign, advertisement, or otherwise as offering to the general public the services authorized to be performed by real estate brokers and pursuant to the Maryland Real Estate Brokers Act; any person holding in good faith a duly executed power of attorney from the actual owner authorizing the sale and conveyance or leasing of any real estate where only 1 such transaction is involved; or any duly licensed auctioneer with respect to sale of real estate at public auction. City Code, 1966, art. 19, §114(a)(3) 1976/83, art. 19, §132(a)(3) Ord. 60-431

No real estate broker or salesman shall, or shall attempt to:use any contract form for the listing of property for sale, rent, or exchange or any contract form for the sale, rent, or exchange of property or advertising matter which includes the name of any association or organization of which the broker or salesman is not a member; retain the services of any person as a salesman on a purely temporary or single transaction basis as a means of evading the law regarding the payment of commissions to non-licensed persons on some contemplated transaction; act for more than 1 party in a transaction without the prior knowledge and consent of all parties for whom he acts; refuse or fail within 30 days after demand to account for or to remit any monies coming into his possession which belong to others; refuse or fail to promptly furnish a duplicate copy of all listing contracts to sell or rent property or of any lease or contract or sale when prepared by a real estate broker to all parties to any such contracts or leases; fail to retain a copy of such contracts; fail to disclose to any person with whom the broker or salesman is dealing any material fact or information within the knowledge of the broker or salesman concerning or relating to the property with which the broker or salesman is dealing; make any untrue or misleading statement in any attempt to obtain a listing of real property for sale:knowing such statement to be false or misleading; or knowing that the broker or salesman making the statement has insufficient knowledge of its truth or falsity to warrant making the statement; accept a listing contract to sell property unless such contract provides for a definite termination date without notice from either party; accept any listing contract which provides for a net return to the vendor leaving the broker or salesman free to sell property and retain any excess over the price named by the vendor; pay or receive any rebate, compensation, or commission from any person whatever, except the seller of the real estate, without the prior knowledge and consent of all parties to the transaction; disregard or violate any of the provisions of the Maryland Real Estate Brokers Act; or have any interest, directly or indirectly, in the purchase of any residential real estate which he or his organization has listed for sale, where such purchase is made during or within 6 months after the termination of such listing. Provided, however, that subsection (a)(13) shall not apply in cases in which a broker enters into a listing contract and a simultaneous “trade-in” agreement, whereby the broker or any company, partnership, or corporation in which the broker has any interest, either directly or indirectly, offers a guaranteed price for the listed property within a certain period in order for the seller to purchase another residence, either new or existing housing. Provided, further, that subsection (a)(13) shall not apply in cases in which:the broker or salesman discloses to the seller, in writing, at the time an offer or contract of sale is presented, any interest, direct or indirect, that the broker or salesman has in such offer to purchase the residential real estate which the broker or salesman or his organization has listed for sale; and the terms of the offer or contract of sale permit the seller to withdraw from same if:the appraised value of the property, as determined within 21 days of the offer or contract of sale by an appraiser who is a member of an appraisal organization affiliated with the Appraisal Foundation or is certified by the Maryland Commission of Real Estate Appraisers as a residential real estate appraiser, is higher than the purchase price as contained in the offer or contract of sale; and the broker or salesperson declines to amend the purchase price in the offer or contract of sale to equal said appraised value. Nothing in this subsection shall prevent a seller from waiving the rights provided for in this subsection in a contract of sale. Nothing in this section shall be construed to authorize any such broker or salesman personally to prepare any such legal paper in his practice. City Code, 1966, art. 19, §114(b) 1976/83, art. 19, §132(b) Ord. 60-431 Ord. 90-591

In transactions involving residential real or leasehold properties, no real estate broker, salesman, or dealer shall or shall attempt to: pursue a continued flagrant course of misrepresentation or make any false promises directly or through agents, salesmen, advertising, or otherwise; make any misleading or untrue statements in advertising residential real or leasehold property including:advertising for sale or rent as an agent or broker without disclosing in such advertising the name of the advertiser or the fact that he is an agent or broker; or where any such advertising is published over the name of a licensed real estate salesman, failing to disclose in such advertising the name of the broker for whom such salesman is licensed to represent; solicit or induce any party to a contract lease or agreement to break such contract for the purpose of substituting a new contract lease or agreement when such soliciting or inducing is motivated by anticipated personal gain; guarantee or authorize or permit any person to guarantee future profits which may result from the resale of residential real or leasehold property; solicit or offer for sale residential real or leasehold property by:offering “free lots”, conducting lotteries or contests, or offering prizes for the purpose of influencing a purchase or prospective purchaser of residential real or leasehold property; or advertising or offering “free appraisals” unless the advertiser is equipped and stands ready to appraise real estate to any person requesting such an appraisal free of charge, regardless of the purpose for which such appraisal is requested; make any untrue or misleading statements to induce the sale of residential real or leasehold property, whether to the person making the representation or to any other person:knowing such statements to be false or misleading; or knowing that the maker of the statement has insufficient knowledge of its truth or falsity to warrant making the statement; if one of the purposes of the solicitation or attempted solicitation would be to change the racial composition of a neighborhood, solicit the listing of residential properties for sale or lease by:in person, door-to-door solicitation; telephone solicitation; or mass distribution of circulars; whether or not acting for monetary gain, knowingly induce another person to sell or rent a dwelling or otherwise transfer real estate or knowingly discourage another person from buying real estate by:making representations about the entry or prospective entry into a neighborhood of individuals of a particular race, color, sex, religion, ancestry, sexual orientation, physical or mental disability, familial status, or national origin; making representations about the existing or potential proximity of real property owned or used by individuals of a particular race, color, sex, religion, ancestry, sexual orientation, physical or mental disability, familial status, or national origin; or representing that the existing or potential proximity of real property owned or used by individuals of a particular race, color, sex, religion, ancestry, sexual orientation, physical or mental disability familial status, or national origin will or may result in:the lowering of property values; a change in the racial, religious, or ethnic character of the block, neighborhood, or area; an increase in criminal or antisocial behavior in the area; or a decline in the quality of schools serving the area; or provide financial assistance by loan, gift, or otherwise to another person if the real estate broker, salesman, or dealer has actual knowledge that the financial assistance will be used in a transaction that results from a violation of item (8) of this section. City Code, 1966, art. 19, §114(c) 1976/83, art. 19, §132(c) Ord. 60-431 Ord. 66-754 Ord. 68-051 Ord. 91-666

No real estate salesman shall: accept a commission or valuable consideration as a real estate salesman for the performance of any act as a real estate salesman from any person except the real estate broker named in his license; or represent or attempt to represent any other real estate broker as a real estate salesman without the knowledge and consent of the broker named in his license. City Code, 1966, art. 19, §114(d) 1976/83, art. 19, §132(d) Ord. 60-431

A violation of the provisions of this subtitle shall be a misdemeanor and any person convicted thereof shall be subject to a fine of $100 and not more than $500 or to imprisonment of not more than 60 days or to both such fine and imprisonment at the discretion of the court. Where an offense is committed by 1 or more individuals acting for a corporation, it shall be deemed to be the offense of both the corporation and the individual. Where the offense is committed by 1 or more individuals acting in behalf of a partnership or association, it shall be deemed to be:the offense of the partnership or association and the individual; and the personal offense of any partner or associate who aids, abets, directs, counsels, and/or knowingly participates therein. City Code, 1966, art. 19, §114(e) 1976/83, art. 19, §132(e) Ord. 60-431

In this subtitle, the following terms have the meanings indicated. “Seller” means:the owner of real property being offered for sale; or a real estate agent, attorney, lender, or other person acting on behalf of the owner of the property being offered for sale. Ord. 09-162 Ord. 12-053 Ord. 22-125

No person may advertise, through any medium, the sale or lease of any property that, under the Zoning Code of Baltimore City, is restricted in its use and occupancy to 1 family, without including in the advertisement a clear statement to that effect. Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. City Code, 1966, art. 19, §79 1976/83, art. 19, §89 Ord. 62-1313 Ord. 99-547 Ord. 09-162

If a seller of real property provides property tax information as part of an advertisement, that information must indicate, at a minimum:the tax year for which the information is being provided; and the product of:the sum of the State and local property tax rates, multiplied by the full assessed value for the tax year indicated. Property tax information to be provided as part of a good-faith estimate of closing costs must be based on the product of:the sum of the State and local property tax rates, multiplied by the full assessed value for the tax year immediately following the purchase date of the property. Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Ord. 09-162 Ord. 12-053

On or before entering into a contract for the sale of any real property, the seller must provide the buyer with the following disclosure: <strong>Disclosure of Heavy-Industrial and Railroad Operations</strong> Buyer is advised that the property may be located near heavy-industrial operations (that is, land uses limited to an I-2 General Industrial Zoning District, an MI Maritime Industrial Zoning District, or a T Transportation Zoning District) or near railroad operations. These operations may involve the use of machinery, trucks, or trains, 24 hours a day, 7 days a week, and may create or cause noises, odors, fumes, bright lights, vibrations, and safety hazards. Detailed information on the location of heavy-industrial (I-2, MI, and T) zones and on the location of railroad tracks can be found on the “Baltimore CityView” website, at http://cityview.baltimorecity.gov. Ord. 12-053 Ord. 16-581

On or before entering into a contract for the sale of any real property, the seller must disclose to the buyer in writing whether the property is:located in a Historical and Architectural Preservation District, as defined under <cite data-path="|6|§1-1|(f)">Article 6, § 1-1(f) {“Definitions – Historical and Architectural Preservation District; Preservation District; District”}</cite> of the Code; included on the Landmark List: Exteriors, as established by <cite data-path="|6">Article 6</cite>, Subtitle 4 {“Designation of Landmarks”} of the Code; or included on the Potential-Landmark List: Exteriors, as established by <cite data-path="|6">Article 6</cite>, Subtitle 5 {“Designation of Potential Landmarks”} of the Code. <table class="layout-table"> <thead> <tr> <th>HISTORIC DISTRICT, LANDMARK, OR POTENTIAL LANDMARK — DISCLOSURE</th> </tr> </thead> <tbody> <tr> <td>This property [ ] is [ ] is not located within a Historical and Architectural Preservation District.</td> </tr> <tr> <td>This property [ ] is [ ] is not listed on the Landmark List: Exteriors.</td> </tr> <tr> <td>This property [ ] is [ ] is not listed on the Potential-Landmark List: Exteriors.</td> </tr> <tr> <td>_____Seller’s Initials</td> </tr> <tr> <td>Before beginning any exterior alterations to a structure, the owner of the property and the structure must first secure an Authorization to Proceed (“ATP”) from the Commission for Historical and Architectural Preservation (“CHAP”) if the property is:</td> </tr> <tr> <td>(1) located within a Historical and Architectural Preservation District (a “historic district”);</td> </tr> <tr> <td>(2) included on the Landmark List: Exteriors; or</td> </tr> <tr> <td>(3) included on the Potential Landmark List: exteriors.</td> </tr> <tr> <td>Structures that are located within a historic district are designated as being part of a neighborhood that is of particular historical significance and architectural character.</td> </tr> <tr> <td>Structures that are included on the Landmark List: Exteriors are considered to be of such special historical or architectural significance that, even if not located within an Historical and Architectural Preservation District, those structures and their exteriors should be extended the same protections as apply to structures within a District.</td> </tr> <tr> <td>Structures that are include don the Potential-Landmark List: Exteriors are considered to be of such historical or architectural significance that, even if not located within an Historical and Architectural Preservation District, those structures and their exteriors should be extended temporary protection under § 5-5 {“Protections pending decision”}and under Subtitle 8 {“Alterations, etc, to or Affecting Properties”} of <cite data-path="|6">Article 6</cite> of the City Code.</td> </tr> <tr> <td>CHAP is responsible for promoting the preservation of structures located in a historic district, included on the Landmark List: Exteriors, or included on the Potential-Landmark List: Exteriors under <cite data-path="|6">Article 6 {“Historical and Architectural Preservation”}</cite> of the City Code. Relevant excerpts from <cite data-path="|6">Article 6</cite> of the City Code establishing the requirements stated above are provided below.</td> </tr> <tr> <td> <p> <strong>§ 8-2. Building permit required.</strong> </p> <p class="text-indent-1">(a) <em>Exterior structures.</em></p> <p class="text-indent-2">No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure located within an Historical and Architectural Preservation District or included on the Landmark List: Exteriors or the Potential-Landmark List: Exteriors without first obtaining a permit to do so from the Building Official:</p> <p class="text-indent-3">(1) any reconstruction, alteration, or removal of any exterior architectural feature;</p> <p class="text-indent-3">(2) any change in an exterior color, whether by painting or other means;</p> <p class="text-indent-3">(3) any exterior excavation;</p> <p class="text-indent-3">(4) the construction or erection of any exterior building, fence, wall, or other structure of any kind; or</p> <p class="text-indent-3">(5) any exterior demolition.</p> </td> </tr> <tr> <td> <p> <strong>§ 8-4. CHAP to review.</strong> </p> <p class="text-indent-1">(c) <em>CHAP approval prerequisite for permit.</em></p> <p class="text-indent-2">The Building Official may not issue a permit for any regulated alteration unless the Commission first issues an Authorization to Proceed. unless the Commission first issues an Authorization to Proceed.</p> </td> </tr> <tr> <td>Learn more about CHAP and the process for securing an ATP:</td> </tr> <tr> <td> <p>Commission for Historical and Architectural Preservation</p> <p class="text-indent-2">[<em>insert mailing address</em>]</p> <p class="text-indent-2">[<em>insert telephone number</em>]</p> <p class="text-indent-2">[<em>insert website address</em>]</p> </td> </tr> <tr> <td></td> </tr> </tbody> </table> Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. Ord. 23-259

This section only applies to real property that has a vacant building notice that remained unabated at the time of sale. On or before entering into a contract for the sale of any real property, the seller must disclose to the buyer in writing:<em>{whether} </em>the property had been issued a vacant building notice by the City; and whether the vacant building notice has been abated by the seller or if it remains unabated. The disclosure required by this section shall read as stated: For someone to legally inhabit a property in Baltimore City, the property must not have a Vacant Building Notice issued by the Baltimore City Department of Housing and Community Development. Sellers and buyers can check and verify by reviewing the Baltimore City Code Map: [<em>insert link</em>], or by calling Baltimore City Department of Housing and Community Development: [<em>insert phone number</em>]. This property has [ ] does not have [ ] a current Vacant Building Notice. _____ Seller’s Initials Only a validly-issued Use and Occupancy Permit certificate can remove the Vacant Building Notice and permit human occupation. _____ Seller’s Initials Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense. Ord. 21-047 This section was enacted by Ordinance 21-047, effective December 18, 2021. Section 3 of that Ordinance provides that “this Ordinance may not be construed to operate retroactively to require any current property sellers to give the notice created by this Ordinance if an offer for sale of a property has already been accepted”.

In this subtitle, the following terms have the meanings indicated. “Authorized sales agent” means a person that:is engaged in the business of selling tickets for others; and by written contract with an operator, has been authorized to sell tickets for and on behalf of that operator. “Box office price” means the price that:has been established by the operator of an entertainment venue for admission to the venue or to a specified seat or area within the venue; and is so identified on the face of the ticket. “Box office price” includes the applicable State or City admissions and amusement tax only if the tax is determined by the operator on a “tax-included basis” authorized by the <cite data-doc="Md. Code" data-path="gtg|4-102">State Tax-General Article, § 4-102(f)</cite>. “Box office price” does not include:any additional service or other charge or fee imposed by an operator, by an operator’s authorized sales agent, or by any other person; or except as specified in paragraph (2) of this subsection, any tax to be collected by an operator or the operator’s authorized sales agent. “Entertainment” includes any of the following, whether presented live, recorded, televised, or otherwise:any theatrical, musical, sports, dance, movie, cultural, or educational event, performance, competition, or exhibition; and any other form of diversion, recreation, or show. “Entertainment venue” means any place in Baltimore City for which a charge is imposed for admission to any form of entertainment. “Entertainment venue” includes:any theater, hall, stage, arena, stadium, field, amusement park, circus, carnival, or fairgrounds; or or any other place, including any area within a venue for which a separate charge is imposed. “Gross ticket cost” means the sum of:the box office price; all State and City taxes collected by the operator or the operator’s authorized sales agent; and all service or other charges or fees imposed on the ticket by the operator or the operator’s authorized sales agent. “Operator” means any person who:owns, operates, or controls an entertainment venue in Baltimore City; or promotes or produces entertainment in Baltimore City. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except for the application of <cite data-path="|general|16|1|16-11">§ 16-11{“Prepayable citation”} and § 16-12 {“Criminal penalties”}</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Sell” means to sell or exchange or offer to sell or exchange a ticket, whether:in-person; by mail or delivery service; or by telephone, facsimile, email, internet website, or other electronic medium. “Ticket” means any ticket, card, token, receipt, or other evidence of the privilege of admission to any entertainment venue. Ord. 13-157: Ord. 22-125

Except as provided in subsection (b) of this section, nothing in this subtitle affects the applicability and enforceability of any other law, rule, or regulation, including those concerning consumer protection, licensing and regulation, fraudulent or misleading advertising, or theft. If any provision of <cite data-path="|2">this article</cite> is either more or less restrictive than a comparable condition imposed by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. Ord. 13-157

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Finance may adopt rules and regulations as necessary or appropriate to: define or further define any terms used in this subtitle; and otherwise promote the implementation and enforcement of this subtitle. Ord. 13-157 Text Conformed 02/12/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

An operator or an operator’s authorized sales agent may not impose, accept, or receive, directly or indirectly, for any ticket more than the following: the box office price; any separately stated admissions and amusement tax; and additional service or other charges or fees that have been identified and disclosed as required by this subtitle. Ord. 13-157

Every ticket printed by or under authority of an operator or an operator’s authorized sales agent must prominently disclose on its face the box office price of that ticket. If a printed advertisement or listing prepared by or for an operator or an operator’s authorized sales agent states the box office price of a ticket (or a range of tickets), and if the gross ticket price of the ticket (or range of tickets), as sold by the operator or the operator’s authorized sales agent, exceeds the stated box office price (or range of prices), the advertisement or listing must, in the same or larger font as that used for the stated box office price (or range of prices), include the following statement: “Additional Charges May Apply”. This subsection does not apply if the gross ticket cost of the ticket, as sold by either the operator or the operator’s authorized sales agent, does not exceed the box office price disclosed on the face of the ticket. Every operator and its authorized sales agent must prominently post at its box office, sales outlet, or other point of sale (including a website or other electronic medium), an itemized list of the following, as applicable to each entertainment venue and each entertainment event at that venue for which tickets are being sold:the box office price of the tickets; and in the same or larger font as that used for the box office price:the type and amount of each State and City tax that is applicable to the transaction and that has not been determined by the operator on a “tax-included basis” as authorized by the <cite data-doc="Md. Code" data-path="gtg|4-102">State Tax-General Article, § 4-102(f)</cite>; the type and amount of each service or other charge or fee imposed on the ticket by the operator and by the operator’s authorized sales agent, respectively; and the gross ticket cost of the ticket, as sold by the operator and as sold by the operator’s authorized sales agent, respectively. In addition:immediately before finalization of any sale by an operator or its authorized sales agent:the itemized list of costs described in paragraph (2) of this subsection must be disclosed to each potential purchaser; or if the purchase is being finalized by telephone, the itemized list of costs described in paragraph (2) of this subsection must be read to the purchaser in a clear and distinct manner; and immediately after finalization of any sale by an operator or its authorized sales agent:the itemized list of costs described in paragraph (2) of this subsection must be given to each purchaser; or the ticket provided to the purchaser must prominently disclose on its face both the amount of the box office price of the ticket and, in the same or larger font size, the amount of the gross price of the ticket. Ord. 13-157

Any person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. Each ticket sold or exchanged or offered for sale or exchange in violation of this subtitle is a separate offense. Ord. 13-157

In this subtitle, the following terms have the meanings indicated. “Entertainment” includes any of the following, whether presented live, recorded, televised, or otherwise:any theatrical, musical, sports, dance, movie, cultural, or educational event, performance, competition, or exhibition; and any other form of diversion, recreation, or show. “Entertainment venue” means any place in Baltimore City for which a charge is imposed for admission to any form of entertainment. “Entertainment venue” includes:any theater, hall, stage, arena, stadium, field, amusement park, circus, carnival, or fairgrounds; or or any other place, including any area within a venue for which a separate charge is imposed. “Operator” means any person who:owns, operates, or controls an entertainment venue in Baltimore City; or promotes or produces entertainment in Baltimore City. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes, except for the application of <cite data-path="|general|17|1|17-11">§ 17-11{“Prepayable citation”}</cite> and <cite data-path="|2|§17-12">§ 17-12 {“Criminal penalties”} of this subtitle</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Retail ticket purchasing platform” means a retail ticket purchasing website, application, phone system, or other technology platform used to sell tickets. “Ticket” means any ticket, card, token, receipt, or other evidence of the privilege of admission to any entertainment venue. “Ticket purchasing software” means any machine, device, computer program, or computer software that, on its own or with human assistance, bypasses security measures or access control systems on a retail ticket purchasing platform, or other controls or measures on a retail ticket purchasing platform that assist in implementing a limit on the number of tickets that can be purchased. Ord. 16-545 Ord. 22-125

No person may use ticket purchasing software to purchase tickets. Ord. 16-545

No person may resell or offer to resell a ticket that the person knows was obtained by using ticket purchasing software. Ord. 16-545

No person may intentionally maintain any interest in or control of ticket purchasing software. Ord. 16-545

Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to:a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment for each offense; forfeiture of all profits from the sale of tickets obtained in violation of this subtitle; and forfeiture of any equipment used to purchase tickets in violation of this subtitle. Each ticket purchased, resold, or offered for resale in violation of this subtitle is a separate offense. Ord. 16-545

In <cite data-path="|4">this article</cite>, the following terms have the meanings indicated. “Age”, as used in <cite data-path="|4|§3-5">§ 3-5 of this article</cite>, means the “age of majority”, and refers to anyone who has attained the age of 18 years. “Age discrimination”, as used in <cite data-path="|4|§3-1">§ 3-1 of this article</cite>, means any difference in the treatment of an individual or person because of age. Except that:it shall not be discrimination for an employer, employment agency, or labor organization to observe the terms of a bona fide employee benefit plan, such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of <cite data-path="|4">this article</cite>, and excepting further, that no such employee benefit plan shall excuse the failure to hire any individual; and the prohibitions relating to age discrimination are limited to individuals who are at least 18 years of age but less than 65 years of age. “Commission” means the Baltimore Community Relations Commission, heretofore named the Baltimore Equal Opportunity Commission. “Complainant” means any person or groups of persons claiming to be aggrieved under <cite data-path="|4">this article</cite>. “Discrimination” means any difference in the treatment of an individual or person because of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, gender identity or expression, HIV or AIDS status or, in the context of discriminatory housing practices under <cite data-path="|4|3|3-5">§ 3-5 {“Housing”}</cite> of <cite data-path="|4">this article</cite>, source of income. “Discrimination” includes segregation. However, it is not discrimination for:any religious or denominational institution to devote its facilities, exclusively or primarily, to or for members of its own religion or denomination or to give preference to those members or to make any selection as is calculated by the institution to promote the religious principles for which it is established or maintained; an employer to disqualify a person with a physical or mental disability when the nature or extent of the disability makes the person unfit or unsuited for the job; an educational institution to restrict its student body and student activities to one sex or the other; an educational institution to provide special educational or recreational programs for individuals with a physical or mental disability; or any person to provide:separate toilet facilities for males and females; lactation accommodations in accordance with City Code <cite data-doc="City of Balt., Md., Ord. 25-078" data-path="|11">Article 11</cite>, Subtitle 16 {“Lactation Accommodation in the Workplace”}; or pregnancy accommodations in accordance with City Code <cite data-doc="City of Balt., Md., Ord. 25-078" data-path="|11">Article 11</cite>, Subtitle 20 {“Pregnancy Accommodations”}. This definition also applies to the verb “to discriminate” and to the adjective “discriminatory”, as used in <cite data-path="|4">this article</cite>. “Dwelling” means:any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by 1 or more families; and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. “Educational institution” means any person, institution, or organization, public or private, rendering services free or for tuition, and licensed or accredited by the City, State or Federal Government, or any agency thereof, for the purpose of teaching or instructing persons. “Educational institution” shall include also all libraries, art galleries, nursery schools, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, business schools, and extension or correspondence courses, and all institutions established for vocational or professional training or preparation. “Educational institution” shall not include any natural person who tutors another natural person or persons individually at the residence of either the tutor or the student. “Employer” means every person, other than fraternal and religious organizations, who employs 1 or more persons, exclusive of parents, spouse, or children of that person during at least 15 days in the preceding 12 full months. “Employer” includes any governmental unit, agency, or employer as to which the City has the power to legislate. “Employment agency” means every person regularly undertaking in this City, with or without compensation, to procure opportunities to work or to procure, refer, or place employees. “Familial status” means 1 or more individuals (who have not attained the age of 18 years) being domiciled with:a parent or another person having custody of such individual or individuals; or the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. “Family” includes a single individual. “Gender identity or expression” means an individual’s having or being perceived as having a gender-related self- identity, self-image, appearance, expression, or behavior, whether or not those gender-related characteristics differ from those associated with the individual’s assigned sex at birth. “Health and welfare service agency” means any public, voluntary, or private health or welfare organization which receives public funds. “Health and welfare service agency” includes any hospital, clinic, dispensary, nursing home, convalescent home, rehabilitation center, social work, agency, community service center, group work-recreation center, counseling and guidance service agency, sheltered or protective workshop, social agency, day camp or resident camp, or protective service organization or facility. Except for a hospital, clinic or dispensary, “health and welfare service agency” shall not include any health and welfare service agency:operated by a bona fide religious denomination exclusively or primarily for members of its faith; operated by any fraternal organization whose membership is limited to 1 religious denomination or faith; or operated by any charitable organization organized exclusively or primarily for the benefit of members of 1 denomination or faith. “HIV or AIDS status” means whether or not the immune system of an individual is infected wtih the human immunodeficiency virus (HIV). “Labor organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment, or of other mutual aid or protection in relation to employment. “Mental disability” means the existence of, or history of, an emotional or intellectual disorder, as defined by psychiatrists, which requires special educational or psychotherapeutic services, and includes being regarded as having such an impairment , but shall not include a judicial determination of disability. “Mental disability” does not include current, illegal use of or addiction to a controlled substance (as defined in §102 of the Controlled Substance Act (21 U.S.C. 802)). “Person” has the meaning stated in <cite data-path="|general|1|1|1-107">§ 1-107 </cite>of the City Code’s <cite data-path="|general">General Provisions Article</cite>. The term “person”:as applied to a partnership or other association, includes the partners or members thereof; and as applied to a corporation, includes the officers thereof. “Physical disability” means any physical condition, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect, trauma, or illness, including epilepsy, which shall include, but not be limited to any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment or disorder, or physical reliance on a seeing eye dog, wheelchair, or any other remedial appliance, device, or medication, and includes a record of having such a disability or being regarded as having such a disability. “Physical disability” does not include current, illegal use of or addiction to a controlled substance (as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802)). “Place of public accommodation, resort, or amusement” shall be limited to inns, roadhouses, hotels, motels, restaurants, or eating houses, all bathhouses, swimming pools, all retail stores and establishments, theaters, motion picture houses, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, fairs and carnivals, bowling alleys, shooting galleries, billiard and pool parlors, garages, and all public conveyances operated on land or water or in the air, as well as the stations, terminals, and airports thereof, and ambulances. “Place of public accommodation, resort, or amusement” does not apply to any bona fide private club where the accommodations, facilities, and services are restricted to the members of such club and their guests. “Protective hairstyles” means hairstyles necessitated by or resulting from the immutable characteristics of a hair texture associated with race, including those that protect against split ends, knotting, or general damage, and also help retain the length of the hair. “Protective hairstyles” includes hairstyles such as braids, twists, afro hairstyles, curls, and locks. “Public funds” means funds derived from any governmental body or agency thereof, or funds derived from general Citywide solicitations. “Race” means immutable traits historically associated with race, including hair texture and protective hairstyles. “Rent” includes to lease, to sublease, to let, or otherwise to grant for a consideration the right to occupy premises not owned by the occupant. “Respondent” means any person or groups of persons against whom a complaint is lodged. “Restrictive covenant” means any specification limiting the transfer, rental, or lease of any dwelling because of race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, or, in the context of discriminatory housing practices under <cite data-path="|4|§3-5">§ 3-5 {“Housing”} of this article</cite>, source of income. “Sexual orientation” means the status of an individual as to homosexuality, heterosexuality, or bisexuality. This subsection is not intended to permit any practice prohibited by state or local law. “Source of income”, as used in <cite data-path="|4|§3-5">§ 3-5 {“Housing”} of this article</cite>, means any lawful source of money paid directly or indirectly to, or on behalf of, a renter or buyer of housing. “Source of income” includes income from:a lawful profession, occupation, or job; any government or private assistance, grant, loan, or rental assistance program, including low-income housing assistance certificates and vouchers issued under the United States Housing Act of 1937; or a gift, an inheritance, a pension, an annuity, alimony, child support, or other consideration or benefit. City Code, 1966, art. 4, §9 1976/83, art. 4, §9 Ord. 64-103 Ord. 71-1160 Ord. 72-052 Ord. 75-908 Ord. 77-590 Ord. 88-079 Ord. 90-423 Ord. 02-453 Ord. 18-213 Ord. 19-234 Ord. 19-267 Ord. 20-471 Ord. 22-125

The Mayor and City Council of Baltimore finds that:The population of Baltimore is composed of persons having differing racial, religious, and ethnic backgrounds. Discrimination in the fields of education and preliminary job training and other prevailing conditions and causes have precluded members of certain ethnic, sex, or age groups, and persons with a physical or mental disability, from acquiring, developing, and maintaining essential educational, vocational, cultural, and professional background and efficiency for entrance into, and the earning of a livelihood in, many fields of endeavor. Members of these groups who are qualified are not given fair, equal, and impartial employment opportunities. Such prevention from earning an income necessary to maintain normal and decent living standards has retarded community progress and increased public relief rolls. Discrimination in health and welfare services imposes unnecessary individual and community hardships and has actually resulted in denial to members of such groups of care, attention, and service essential to maintenance of their physical and emotional well-being. The practice by places of public accommodation, resort, or amusement of refusing to accommodate and serve members of groups tends to impose hardship upon the members of these groups and also tends to cause and intensify inter-group tension. Discrimination against women in the fields of education, preliminary job training, health and welfare services, and employment opportunities, and the refusal of service in places of public accommodations, resort, or amusement imposes a social hardship upon women and penalizes the society in that women cannot make maximum use of their skills and abilities to enrich the world around them. Arbitrary age discrimination in employment prevents many of our citizens from working at jobs for which they are qualified and forces others who are willing and able to work into involuntary retirement. These workers are denied the opportunity of working in their chosen fields and are often forced to accept support from society through unemployment insurance and relief payments. It is estimated that over 11% of the working age population in the Baltimore area has a physical or mental disability which limits the kind of work such persons can do. The law should protect their right to have an equal chance to perform in the jobs for which they are suited and to be educated for such employment. Places of public accommodation, resort, and amusement as well as health and welfare agencies and educational institutions should make available their facilities and programs to persons having physical and mental disabilities. Discrimination in the sale and rental of housing accommodations imposes social and financial hardship. Equal access to housing is fundamental to the exercise of basic rights and to the enjoyment of many other liberties and opportunities and should be available to all members of our community. Discrimination because of sexual orientation or gender identity or expression produces untold anxieties, mental anguish, and human suffering, not only in the victims of discrimination themselves, but also among their families. Legislation is necessary in the public interest to avoid permanent adverse effects upon the development, growth, and renewal of the City of Baltimore. Therefore, the Mayor and City Council of Baltimore deems it necessary and expedient to promote and protect the public welfare by enacting <cite data-path="|4">this article</cite> to prevent and eliminate discrimination by the persons and in the areas herein defined. City Code, 1966, art. 4, §8 1976/83, art. 4, §8 Ord. 64-103 Ord. 71-1160 Ord. 72-052 Ord. 75-908 Ord. 88-079 Ord. 90-423 Ord. 02-453

The agency originally created as the Baltimore Equal Employment Opportunity Commission and subsequently continued as the Baltimore Equal Opportunity Commission is continued as the Baltimore Community Relations Commission of the Mayor and City Council of Baltimore. City Code, 1966, art. 4, §15(a) 1976/83, art. 4, §15(a) Ord. 64-103

The Commission consists of 10 members, who shall be appointed by the Mayor subject to approval by the City Council. 5 members of the Commission constitute a quorum. The members of the Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Esrimates. The members of the Commission shall:annually elect a Chair from among the members of the Commission; and appoint a secretary. City Code, 1966, art. 4, §15(b) 1976/83, art. 4, §15(b) Ord. 64-103 Ord. 99-526 Ord. 16-503

The Commission has the responsibility for the elimination of discrimination in all areas of community life, as more particularly provided throughout <cite data-path="|4">this article</cite>. City Code, 1966, art. 4, §15(c) 1976/83, art. 4, §15(c) Ord. 64-103

The Commission is authorized to and shall: formulate and carry out a comprehensive educational and action program designed to eliminate and prevent prejudice and discrimination in the City of Baltimore; initiate studies concerning the current status of civil rights, inter-group relations, and discriminatory practices; conduct and publish an annual survey or community audit of the status of human rights in the City of Baltimore; create such advisory councils, committees, or subcommittees as in the judgment of the Commission will aid in carrying out the purposes of <cite data-path="|4">this article</cite> and to cooperate with such councils, committees, or subcommittees toward such ends; receive and investigate and seek to resolve all complaints of unlawful practices forbidden by <cite data-path="|4">this article</cite>, but no complaints shall be received unless made to the Commission within 300 days of such alleged unlawful practice; make appropriate findings as a result of any of its investigations; from time to time, but not less than once a year, render to the Mayor and City Council a written report of its activities and recommendations for legislation as in the judgment of the Commission is necessary or desirable to aid it in carrying out its purposes and functions under <cite data-path="|4">this article</cite>; subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, adopt and publish such rules and regulations as may be necessary to carry out the functions of the Commission and to effectuate the purposes and provisions of <cite data-path="|4">this article</cite>; consult with such advisory agencies and conciliation councils as will aid in effectuating the purposes of <cite data-path="|4">this article</cite>; conduct investigations and studies and hold public hearings for the purpose of determining the existence of problems, practices, or conditions in the areas placed under its jurisdiction by this or any other ordinance or by State or Federal law; in the enforcement of <cite data-path="|4">this article</cite>, issue subpoenas and compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relevant or necessary for hearings, investigations, and proceedings. Any such subpoena shall be served by the Sheriff of Baltimore City or any of his deputies. In case of disobedience to a subpoena, the Commission may apply to the court of appropriate jurisdiction of Baltimore City for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. Said court may, in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses or the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigations, or proceedings of the Commission, issue an order requiring the attendance and testimony of such witnesses and the production of such books, papers, records and documents, or any of them, and any failure to obey such order of said court may be punished by such court as contempt thereof. to cooperate, negotiate, and contract on behalf of the City with any state or federal agency functioning or having jurisdiction in the same area as the Commission, with respect to the subject matter of <cite data-path="|4">this article</cite>, to the end that duplication of effort in said areas may be avoided. City Code, 1966, art. 4, §16 1976/83, art. 4, §16 Ord. 64-103 Ord. 75-984 Ord. 77-590 Text Conformed 02/12/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (8) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The Commission shall invite and enlist the cooperation of racial, religious, and ethnic groups, community organizations, labor and business organizations, fraternal and benevolent societies, veterans’ organizations, professional and technical organizations, and other groups in the City of Baltimore in carrying out its duties, functions, and purposes under <cite data-path="|4">this article</cite>. City Code, 1976/83, art. 4, §16A Ord. 77-590

Except where a particular occupation or position reasonably requires, as an essential qualification, the employment of a person or persons of a particular race, color, religion, national origin, ancestry, sex, age, marital status, physical or mental capability, sexual orientation, gender identity or expression, or HIV or AIDS status and that qualification is not adopted as a means of circumventing the purpose of this article, it is an unlawful employment practice: for any employer to discriminate against an individual with respect to hire, tenure, promotion, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment; for any employer, employment agency, or labor organization to practice discrimination by denying or limiting through a quota system or otherwise, employment or membership opportunities to any group or individual; for any employer, employment agency, or labor organization, before employing an individual or admitting an individual to membership, to:make any inquiry about or record of an applicant’s race, color, religion, national origin, ancestry, marital status, sexual orientation, gender identity or expression, or HIV or AIDS status, except as authorized or ordered by the Commission; use any form of application for employment or membership that contains questions or entries about race, color, religion, national origin, ancestry, marital status, sexual orientation, gender identity or expression, or HIV or AIDS status, except as authorized or ordered by the Commission; or cause to be printed, published, or circulated any notice or advertisement relating to employment or membership that indicates any preference, limitation, specification, or discrimination based on race, color, religion, national origin, ancestry, sex, age, marital status, sexual orientation, gender identity or expression, or HIV or AIDS status; for any employment agency to practice discrimination by failing or refusing properly to classify an individual or to refer him for employment; for any labor organization to discriminate against any individual by limiting, segregating, or classifying its membership in any way which would deprive or tend to deprive such individual of employment opportunities or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment or would affect adversely his wages, hours, or employment conditions; for any labor organization or employers’ association established for the purpose of training apprentice candidates, acting individually or jointly, to discriminate against any person with respect to admission or membership, or with respect to terms, conditions of employment or training, placement, or any other benefits; for any employer, employment agency, or labor organization to discriminate against any individual because he has sought psychiatric help; or for any employer, employment agency, or labor organization to willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law. City Code, 1966, art. 4, §10 1976/83, art. 4, §10 Ord. 64-103 Ord. 71-1160 Ord. 75-908 Ord. 88-079 Ord. 90-423 Ord. 02-453

It is an unlawful practice for any person, including any owner, lessee, proprietor, superintendent, manager, agent, or employee of a place of public accommodation, resort, or amusement to: discriminate against any person by directly or indirectly withholding from or denying to such person any of the services, advantages, facilities, or privileges offered by such place of public accommodation, resort, or amusement; discriminate against any person, in the setting of rates or charges for any of the services, advantages, facilities, or privileges offered by such place of public accommodation, resort, or amusement; communicate, publish, advertise, or represent:that any services, advantages, facilities, or privileges of that place of public accommodation, resort, or amusement will be refused, withheld, or denied to any person on account of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status; or that the patronage or custom of any person belonging to or purporting to be of any particular race, color, religion, national origin, ancestry, sex, marital status, sexual orientation, gender identity or expression, or HIV or AIDS status, or possessing any physical or mental disability, is unwelcome, objectionable, or not acceptable, desired, or solicited; or willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law. City Code, 1966, art. 4, §11 1976/83, art. 4, §11 Ord. 64-103 Ord. 71-1160 Ord. 75-908 Ord. 88-079 Ord. 90-423 Ord. 02-453

It is an unlawful educational practice for any person, any educational institution, or any owner, superintendent, teacher, professor, manager, trustee, or officer of an educational institution to:discriminate in admissions to such institutions or to restrict or limit the same by quota or otherwise; discriminate in the admission of any student to any course or courses of study or programs offered by or in any such educational institution; discriminate against any student with respect to any of the facilities of such institution otherwise afforded to students or available to students, whether or not such facilities or accommodations are on or off the campus or owned, rented, or leased for the benefit of students; discriminate or promote discrimination by any organization officially recognized by such educational institution with respect to any extra-curricular activities, whether or not those activities take place on or off the campus of said educational institution; except that it shall not be considered to be discriminatory if such organizations restrict their membership or their activities to one sex or the other; discriminate against any person in the establishment of rates, fees, or tuition for any service or program offered by such educational institution, or by any owner, superintendent, teacher, professor, manager, or officer thereof; communicate, publish, advertise, or represent:that any of the courses, services, programs, facilities, lectures, affairs, or privileges are withheld from or denied to any person on a discriminatory basis; or that any person is unwelcome, objectionable, or unacceptable because of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status; discriminate in admissions to such institutions or in admission to any course or courses of study or programs offered by any educational institution because of a mental or physical disability of a student except where specific physical or mental skills may be reasonably required; or willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law. This section is subject to the exemptions based upon religious principles provided in <cite data-path="|4|1|1-1|(f)">§ 1-1(f)</cite> of <cite data-path="|4">this article</cite>. City Code, 1966, art. 4, §12 1976/83, art. 4, §12 Ord. 64-103 Ord. 71-1160 Ord. 75-908 Ord. 88-079 Ord. 90-423 Ord. 02-453

It is an unlawful practice for any health and welfare agency or any owner, supervisor, staff person, director, manager, or officer of a health and welfare agency to:discriminate against any person by refusing, denying, or withholding from him any of the services, programs, benefits, facilities, or privileges of any health and welfare program or service; discriminate against any person in the setting of rates or charges for any of the services, programs, benefits, facilities, or privileges of any such agency; or communicate, publish, advertise, or represent:that any of the services, programs, benefits, facilities, or privileges of any health and welfare agency are withheld from or denied to any person on a discriminatory basis; or that the patronage of any person is unwelcome, objectionable, or unacceptable because of race, color, religion, national origin, ancestry, sex, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status; or based on an individual’s sexual orientation, gender identity or expression, or HIV or AIDS status:deny admission to a facility, transfer or refuse to transfer the individual within a facility or to another facility, or discharge or evicts an individual from a facility; deny a request by individuals to share a room in a facility; if rooms are assigned by gender, assign, reassign, or refuse to assign a room to a transgender individual other than in accordance with the individual’s gender identity, unless at the individual’s request; prohibit an individual from using, or harassing an individual who seeks to use or does use, a restroom available to other individuals of the same gender identity, regardless of whether the individual is making a gender transition or appears to be gender- nonconforming; willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law; deny an individual the right to wear or be dressed in clothing, accessories, or cosmetics that are allowed for any other individual; restrict an individual’s right to associate with other individuals, including the right to consensual sexual relations, unless the restriction uniformly applies to all individuals in a nondiscriminatory manner; deny or restrict medical or nonmedical care; or provide medical or nonmedical care in a manner that, to a similarly situated reasonable individual, unduly demeans the individual’s dignity or causes avoidable discomfort. A facility must post prominently, and must include with any materials that describe the facility’s nondiscrimination policies, a notice that:meets the requirements of this subsection; and is in a form prescribed by the Director. The notice required under this subsection must include:a statement that the law prohibits discrimination, including bullying, abuse, or harassment, on the basis of actual or perceived sexual orientation, gender identity, gender expression, or HIV or AIDS status; and information about enforcement under City Code <cite data-path="|4|4">Article 4, Subtitle 4 {“Enforcement”}</cite>. City Code, 1966, art. 4, §12 1976/83, art. 4, §12 Ord. 64-103 Ord. 71-1160 Ord. 75-908 Ord. 88-079 Ord. 90-423 Ord. 02-453

It is an unlawful discriminatory housing practice, because of race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, source of income, or HIV or AIDS status, for any person having the right to sell, rent, lease, control, construct, or manage any dwelling constructed or to be constructed, or for any employee of such a person:to refuse to negotiate for the sale or rental or to refuse to sell or rent or otherwise deny to or withhold any dwelling from any person; to discriminate against any person in the terms, conditions, or privileges of the sale or rental of any dwelling or in the furnishing of facilities or services in connection therewith; to refuse to receive or transmit a bona fide offer to purchase, rent, or lease any dwelling from any person; to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination, or any intention to make any such preference, limitation, or discrimination; to represent to any person that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; to discriminate in allowing or disallowing a person access to or membership or participation in any multiple-listing service, real estate broker’s organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership, or participation; to include in any transfer, sale, or rental of housing any restrictive covenant that discriminates; to honor or exercise, or attempt to honor or exercise any discriminatory covenant pertaining to housing; to refuse to consider 2 or more applicants’ incomes when they seek to buy or rent a dwelling or dwelling unit; to refuse to consider alimony or child support awarded by a court and received by an applicant as a valid source of income, when that source can be verified as to its amount, length of time received, and regularity of receipt; to request or consider information about birth control practices in evaluating any prospective buyer or lessee of a dwelling; to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a mental or physical disability of:that buyer or renter; a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that buyer or renter; to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a mental or physical disability of:that person; a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that person; or to willfully and repeatedly use an individual’s incorrect name or pronouns after being clearly informed of the individual’s correct name or pronouns, unless otherwise required by law. In this subsection, “qualifying housing development” means a development consisting of 5 or more contiguous rental dwelling units in which 20% or more of the dwelling units are rented to persons whose source of income is derived in whole or in part from housing assistance certificates or vouchers issued under the United States Housing Act of 1937. The prohibitions in subsection (a) of this section, as they relate to source of income, do not apply to a qualifying housing development in Baltimore City. The exception in this subsection automatically expires on June 30, 2023, unless the City Council, after causing an appropriate study to be undertaken, conducting public hearings, and hearing testimonial evidence, finds that the exception remains in the public interest, in which case this subsection may be extended for 4 more years. For purposes of subsections (a)(12) and (a)(13), discrimination includes:a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwellings in such a manner that:the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and all premises within such dwellings contain the following features of adaptive design:an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; reinforcements in bathroom walls to allow later installation of grab bars; and usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. As used in this subsection, the term “covered multifamily dwellings” means:buildings consisting of 4 or more units if such buildings have 1 or more elevators; and ground floor units in other buildings consisting of 4 or more units. Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. It is an unlawful insuring practice for any person to refuse to enter into or to discriminate in the terms, conditions, or privileges of a contract of insurance against hazards to a dwelling because of the race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, of any person owning, residing in, or residing in the vicinity of the dwelling. It is an unlawful financial practice for any person:to discriminate against any person because of race, color, religion, national origin, ancestry, sex, age, marital status, familial status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, in connection with an application for financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling or for financial assistance secured by residential real estate, including but not limited to rates, terms, conditions, privileges, or other provisions of financial assistance or in the extension of related services; to use a form of application for financial assistance for the purchase, construction, improvement, repair, or maintenance of a dwelling, or for financial assistance secured by residential real estate, or to make inquiry or keep a record in connection thereto which indicates, directly or indirectly, discrimination; to discriminate by refusing to give full recognition to the income of each applicant, the total income and expenses of all applicants who become or are prepared to become joint obligors for the purchase of a dwelling; to refuse to consider alimony or child support awarded by a court and received by an applicant as a valid source of income, when that source can be verified as to its amount, length of time received, and regularity of receipt; or to discriminate in appraising the value of residential real property. It is an unlawful practice for a person, for the purpose of inducing or discouraging a real estate transaction:to represent that a change has occurred or will or may occur with respect to race, color, religion, national origin, ancestry, sex, age, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, in the composition of the owners or occupants in the block, neighborhood, or area in which the dwelling is located; or to represent that a change with respect to race, color, religion, national origin, ancestry, sex, age, marital status, physical or mental disability, sexual orientation, gender identity or expression, or HIV or AIDS status, in the composition of the owners or occupants in the block, neighborhood, or area in which the dwelling is located will or may result in the lowering of property values, an increase in criminal or anti-social behavior, or a decline in the quality of schools. Any restrictive covenant, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, is declared to be null, void, and of no effect, and contrary to public policy, as well as contrary to the Constitution and the laws of the United States. Any person who is asked to accept a document affecting title to real or leasehold property may decline to accept the same if it includes such a covenant until the covenant has been deleted from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mortgage, or otherwise deal with such property. Nothing in this section shall be construed to bar any person from renting or advertising any dwelling for occupancy by a single sex, where the physical limitations or configuration of the housing facility, or considerations of personal privacy or personal safety, make it inappropriate for the facility to be occupied by persons of both sexes. Nothing in this section regarding familial status or age shall apply to housing for older persons. As used in this section “housing for older persons” means housing:provided under any city, state, or federal program specifically designed and operated to assist elderly persons (as defined in the city, state, or federal program); intended for, and occupied solely by, persons 62 years of age or older; or intended and operated for occupancy by at least 1 person 55 years of age or older per unit. For housing to qualify as housing for older persons, the following conditions are required:the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; that at least 80% of the units are occupied by at least 1 person 55 years of age or older per unit; and the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. Housing shall not fail to meet the requirements for housing for older persons by reason of:persons residing in such housing as of the date of enactment of this ordinance who do not meet the age requirements of paragraph (2)(ii) or (iii) of this subsection, provided that new occupants of such housing meet the age requirements of paragraph (2)(ii) or (iii) of this subsection; or unoccupied units, provided that such units are reserved for occupancy by persons who meet the age requirements of paragraph (2)(ii) or (iii) of this subsection. Nothing in this section shall apply:to the rental of a dwelling unit in a building which contains not more than 4 dwelling units, provided the owner resides in 1 of the units; to the rental of not more than 2 rooming units in a dwelling unit by any person if the person resides in the dwelling unit; or to a religious institution, or to an organization operated for charitable or educational purposes, which is operated, supervised or controlled by a religious corporation, association or society, to the extent that the religious corporation, association or society limits, or gives preference in the sale, lease, rental, assignment, or sublease of residential real property which it owns or operates for other than a commercial purpose, to individuals of the same religion, or makes a selection of buyers, tenants, lessees, assignees, or sublessees, that is calculated by such religious corporation, association, or society to promote the religious principles for which it is established or maintained; provided that membership in such religion is not restricted on account of race, color, or national origin. Nothing in this section limits the applicability of local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nothing in this section prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802) or a controlled dangerous substance as defined in § 277, Article 27 - Crimes and Punishments, Annotated Code of Maryland, 1987 Replacement Volume, as amended. City Code, 1976/83, art. 4, §13A Ord. 90-423 Ord. 02-453

It shall be an unlawful practice for any person: to aid, abet, incite, compel, or coerce the doing of any act or to attempt to commit any act declared unlawful by the provisions of <cite data-path="|4">this article</cite>; to penalize or discriminate against any person because that person has opposed any practice made unlawful by <cite data-path="|4">this article</cite> or because that person has made a complaint, testified, or assisted in any manner in any investigation or proceeding hereunder; to intimidate in any way any person who is attempting to exercise the rights provided for in <cite data-path="|4">this article</cite>; or to obstruct, prevent, or discourage any person from complying with the provisions of <cite data-path="|4">this article</cite> or any order issued hereunder. City Code, 1966, art. 4, §14 1976/83, art. 4, §14 Ord. 64-103 Ord. 90-423 Ord. 91-739 Ord. 19-234

Any person claiming to be aggrieved by an alleged unlawful practice may, by himself or his attorney, make, sign, and file with the Commission a complaint in writing under oath. The complaint shall state the name and address of the person alleged to have committed the unlawful practice (hereinafter referred to as the respondent) and the particulars thereof, and contain such information as may be required by the Commission. Whenever it has reason to believe that any person has been engaged or is engaging in any unlawful practice, the Commission may issue a complaint. Any respondent whose employees refuse or threaten to refuse to comply with the provisions of <cite data-path="|4">this article</cite> may, by himself or his attorney, file with the Commission a written complaint under oath asking for assistance by conciliation or other remedial action. City Code, 1966, art. 4, §17 1976/83, art. 4, §17 Ord. 64-103

After the filing of any complaint, the Director shall consider such complaint and, if deemed appropriate, shall refer the complaint to the appropriate section of the Commission’s staff for prompt investigation. The Chair of the Commission shall not sit on any hearing panel involving any complaint initiated by the Commission. The results of all investigations shall be reduced to written findings of fact. If the finding is made that there is probable cause for believing that an unlawful practice has been or is being committed, the Commission’s staff shall immediately endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. Where the unlawful practice pertains to employment, the Commission’s staff shall be authorized to require as a condition, the elimination of the unlawful practice, upgrading, or reinstatement of the employee discriminated against, with or without back pay, hiring, or acceptance in any respondent labor organization, as the situation may warrant. If an agreement is reached for the elimination of such unlawful practice as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the Commission setting forth the terms of said agreement. No order shall be entered by the Commission at this stage of the proceedings except upon such written agreement. If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof furnished to the complainant and the respondent. If the finding is made that there is no probable cause, said finding shall be reduced to writing and a copy promptly mailed by certified mail to the complainant and to the respondent. Within 7 days after receipt thereof, the complainant shall have the right to appeal such finding to the Commission by filing a written statement with it. Neither the Commission nor its staff shall disclose what has transpired during the course of any investigation; nor shall any publicity be given to any negotiations or to the fact that a complaint has been filed. City Code, 1966, art. 4, §18 1976/83, art. 4, §18 Ord. 64-103 Ord. 77-590 Ord. 83-1026

In case of failure to reach an agreement for the elimination of such unlawful practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the Chairman of the Commission. A hearing examiner who shall not be a member of the Commission shall be designated to hear the complaint and shall cause to be issued and served in the name of the Commission a written notice, together with a copy of the complaint, as the same may have been amended, and a copy of the findings of fact, requiring the respondent to answer the charges of the complaint at a public hearing before the hearing examiner, at a time and place to be specified in the notice. The respondent may file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard and otherwise examine and cross-examine witnesses. The hearing examiner conducting any hearing may permit reasonable amendment to any complaint or answer. Testimony at the hearing shall be under oath and recorded. After hearing all the evidence, the hearing examiner shall recommend a decision and an order to be approved by the Commission. The Commission shall issue and cause to be served on such respondent an order requiring such respondent to:cease and desist from such unlawful practice; and take such affirmative action including (but not limited to) hiring, reinstatement, or upgrading of employees with or without back pay, the sale or rental of the dwelling sought by the complainant, or a similar dwelling, restoration to membership in any respondent labor organization, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program or other occupational training or retraining program, where such programs are an established part of an employer’s labor policy, the extension of fair and equal advantages, facilities and privileges to all persons as required by the provisions of <cite data-path="|4">this article</cite>, awarding of compensatory damages to the person aggrieved by such practice, as, in the judgment of the Commission, will effectuate the purposes of <cite data-path="|4">this article</cite>. Compensatory damages may include compensation for humiliation, embarrassment, and emotional distress, for expenses incurred in obtaining alternate housing accommodations, and for other expenses incurred by an aggrieved person as a direct result of any unlawful discriminatory practice. For a violation of any provision of § 3-5, the Commission may also impose a civil penalty of not more than $1,000, and each day that a violation continues constitutes a separate offense, with maximum amounts assessable as follows:in an amount not exceeding $10,000, if the respondent has not been adjudged to have committed any prior discriminatory housing practice; in an amount not exceeding $25,000, if the respondent has been adjudged to have committed 1 other discriminatory housing practice during the 5-year period ending on the date of the filing of this complaint; and in an amount not exceeding $50,000, if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this complaint; except that if the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred. Any award made for damages compensable under <cite data-path="|4">this article</cite> shall be made only upon reasonable and competent evidence that the damages resulted from the respondent’s unlawful discriminatory act or practice. Any award made for expenses compensable under <cite data-path="|4">this article</cite> shall be made only upon the production of documentary evidence of such expenses, including but not limited to bills, receipts, canceled checks, and invoices. An award for any other compensable damages may be made on reasonable and credible testimony and evidence. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission may adopt administrative and procedural rules and regulations governing hearings before the hearing examiners. City Code, 1966, art. 4, §19 1976/83, art. 4, §19(a) - (f) Ord. 64-103 Ord. 77-590 Ord. 87-981 Ord. 90-423 Text Conformed 02/12/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (g) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

In a contested case, a respondent aggrieved by a final decision of the Commission may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. City Code, 1976/83, art. 4, §19(g) Ord. 90-423 Ord. 04-672 Ord. 19-332

After public hearing and after the time for judicial appeal has passed without appeal having been taken, the Commission may publish or cause to be published the name of any person who has been found to have engaged in a violation of <cite data-path="|4">this article</cite>. If a respondent takes an appeal from a decision of the Commission, the Commission shall not publish the name of the respondent until the appeal process is exhausted. City Code, 1976/83, art. 4, §19(h) Ord. 90-423

In the event any respondent refuses to comply with an order of the Commission (as to any matter other than those covered by <cite data-path="|4|§2-4|(11)">§ 2-4(11) of this article</cite>) or in the event, at any time after the filing of a complaint the Commission determines that the alleged unlawful practice will have become final and unrectifiable unless restrained, the Commission may certify the matter to the City Law Department. The City Law Department shall thereupon proceed, in the name of the Mayor and City Council of Baltimore, as soon as reasonably possible, to invoke the aid of an appropriate court to secure compliance with the Commission’s order and with the provisions of <cite data-path="|4">this article</cite>, or to prevent final, unrectifiable accomplishment of a practice designated as unlawful by <cite data-path="|4">this article</cite>, as the case may be. The court shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter an order enforcing, modifying, and enforcing as so modified, or setting aside, in whole or in part, the order of the Commission. City Code, 1966, art. 4, §20 1976/83, art. 4, §20(a) Ord. 64-103 Ord. 76-019 Ord. 77-590

Nothing in <cite data-path="|4">this article</cite> shall be construed to require a person to exhaust the administrative remedies provided by <cite data-path="|4">this article</cite> prior to initiating a civil action. City Code, 1976/83, art. 4, §20(b) Ord. 90-423

Where a real estate broker, associate real estate broker, real estate operator, or real estate salesperson licensed by the Real Estate Commission of Maryland has failed to comply with an order issued by the Commission or has been found to have committed an unlawful discriminatory housing practice in violation of <cite data-path="|4">this article</cite>, the Commission shall promptly notify in writing the Real Estate Commission of the State of Maryland of said violation or failure to comply. City Code, 1976/83, art. 4, §20(c) Ord. 90-423

In this subtitle, the following terms have the meanings indicated. “Agency” has the meaning stated in § 4-101(b) of the City General Provisions Article. “Immigration enforcement action” means any and all efforts conducted by an immigration official for the purpose of locating, apprehending, detaining, or removing an individual who the immigration official believes is violating federal immigration law. “Immigration enforcement action response plan” or “plan” means a set of policies and procedures adopted by an agency to guide the agency’s preparation for and response to an interaction with an immigration official. “Immigration official” means any employee of the United States Department of Homeland Security, any employee of United States Immigration and Customs Enforcement, or any federal official who engages in an immigration enforcement action.

An agency may not, unless required by federal law, State law, or a court order:enter into an agreement for the purpose of housing individuals subject to detention on civil immigration charges; enter into an agreement for any purpose related to the enforcement of federal immigration laws; expend or use City funds, resources, or personnel to investigate, question, apprehend, detain, or arrest an individual solely for an actual or suspected violation of federal immigration law; condition the provision of a City service or benefit on the actual or perceived citizenship or immigration status of the individual seeking that service or benefit; allow an immigration official to access a space that is not regularly accessible to the public within a facility operated by an agency; allow an immigration official to access an individual who is being detained by or is in the custody of an agency; allow an immigration official to use an agency’s facilities, information, or equipment for an immigration enforcement action purpose; allow an immigration official to use any space owned, leased, operated, or controlled by the agency, including a park, a recreational area, or another public facility, for the purpose of staging, coordinating, planning, or conducting an immigration enforcement action without a valid permit issued by the City; or allow an immigration official to access any information regarding an individual who is the subject of an immigration enforcement action, unless the individual has consented to the disclosure. An agency may not coerce, intimidate, threaten, or act with bias against any individual based on actual or perceived citizenship or immigration status of the individual or their family. If an agency receives a request from an immigration official for information regarding an individual, to detain an individual, or to notify immigration officials of that individual’s location, the agency shall, unless prohibited by federal law, State law, or a court order:ask for and document the immigration official’s identification; if the request made by an immigration official was in writing, provide a copy of that request to the individual in question; and notify the individual in question within 48 hours.

An agency may not: ask an individual to disclose their citizenship or immigration status unless the information is required by a law, a court order, or is necessary for a City function; store any information regarding an individual’s citizenship or immigration status, unless the information is required by a law, a court order, or is necessary for a City function; or investigate or assist in an investigation regarding an individual’s citizenship or immigration status, unless the inquiry or investigation is required by law, a court order, or a judicial warrant.

In consultation with the Mayor’s Office of Immigrant Affairs, an agency shall create and adopt an immigration enforcement action response plan to comply with the provisions of this subtitle. An agency shall designate an official within the agency who shall serve as the primary point of contact for issues related to immigration enforcement actions. An agency’s immigration action response plan shall include:a response protocol for communication and interaction with an immigration official; preventative measures the agency will take to prevent an immigration official from accessing a space that is not regularly accessible to the public, unless the immigration official displays a judicial warrant or exigent circumstances require such access; and the steps the agency will take to ensure all employees are informed of the plan and remain in compliance with the plan. An agency shall submit a copy of its immigration action response plan to the Mayor’s Office of Immigrant Affairs.

No later than January 1 of each year, an agency shall submit to the Mayor’s Office of Immigrant Affairs a report that includes the following:the number of requests for information or access to facilities that the agency received from immigration officials, if any, and how the agency responded to each request; and the number of times the agency violated the terms of this subtitle, if any. No later than April 1 of each year, the Mayor’s Office of Immigrant Affairs shall compile the reports received pursuant to subsection (a) of this section and submit a comprehensive report to the Mayor and City Council. If this subtitle is preempted by any change in federal, State, or international law, the City Solicitor shall provide notice of the preemption to the Mayor and City Council.

The Mayor’s Office of Immigrant Affairs shall develop and deliver to all employees of an agency a training course regarding:how an employee shall respond in the event that an immigration official enters a facility operated by an agency; the rights and responsibilities of an agency during an interaction with an immigration official; and the provisions of this subtitle. The Baltimore Police Department is excluded from the training requirements in subsection (a) of this section if it develops and delivers an equivalent training designed for police operations.

The Comptroller, before entering upon his duties, shall take the usual oath of office. City Code, 1927, art. 8, §1 1950, art. 6, §1 1966, art. 5, §1 1976/83, art. 5, §1 Ord. 1896-038 Ord. 66-793

The Comptroller or the Comptroller’s designee shall perform the duties of Clerk to the Board of Estimates. City Code, 1893, art. 11, §17 1927, art. 8, §21 1950, art. 6, §2 1966, art. 5, §2 1976/83, art. 5, §2 Ord. 1888-109 Ord. 1899-161 Ord. 05-031 Ord. 46-466 Ord. 21-061

Before he enters upon the duties of his office, the Director of Finance shall execute a bond to the corporation, with such securities as the Mayor may approve, in the penal sum of $150,000, with the condition that he will faithfully discharge the duties and trust reposed in him. City Code, 1879, art. 11, §17 1893, art. 11, §19 1927, art. 8, §23 1950, art. 6, §9 1966, art. 5, §8 1976/83, art. 5, §8 Ord. 46-392 Ord. 65-658

In the event of the necessary absence of the Director of Finance from sickness or other cause, the Deputy Director shall have full power and authority to exercise and perform all the duties of the Director. City Code, 1950, art. 6, §10 1966, art. 5, §9 1976/83, art. 5, §9 Ord. 46-392 Ord. 65-658

The Director of Finance shall deposit all money belonging to the City in banks which shall be designated by the Board of Finance. And it shall be the duty of the Board of Finance in making the selection to enter into an agreement with the banks so selected with regard to compensating the City either by service rendered by the banks to the City, or some rate of compensation in the form of interest on the balances belonging to the City, as in its judgment will be most beneficial to the City. The Board of Finance, in consultation with the Minority and Women’s Business Opportunity Office, shall adopt regulations to require that the banks selected are in full compliance with the City’s Commercial Non-Discrimination Policy, as set forth in Subtitle 29 of <cite data-path="|5">this Article</cite>. It shall be the duty of the Director of Finance to keep regular and correct account of all moneys received and expended by him on behalf of the City. And he shall submit an annual report as soon as practicable after June 30, showing all moneys received and expended by him during the preceding fiscal year. City Code, 1950, art. 6, §12 1966, art. 5, §11 1976/83, art. 5, §11 Ord. 46-392 Ord. 65-658 Ord. 06-186

The Director of Finance, the Board of Estimates, and the Board of Finance are hereby authorized and empowered to execute and approve, on behalf of the Mayor and City Council of Baltimore, from time to time, agreements pertaining to the safekeeping by such custodial institutions as may from time to time be selected by them of collateral posted by financial institutions to secure funds deposited therein by the Mayor and City Council of Baltimore and the Director of Finance and other departments, agencies, and officials of the municipality. City Code, 1950, art. 6, §13 1966, art. 5, §12 1976/83, art. 5, §12 Ord. 43-031 Ord. 48-131 Ord. 63-002 Ord. 65-658

Baltimore City departments and agencies which maintain imprest <em>{advanced}</em> funds, which are petty cash funds containing certain constant amounts of money, and are maintained by the department or agency with monies advanced by the City, are hereby authorized to set aside a certain percentage of that fund for the establishment of a checking account, providing such checking account is specifically authorized by the Director of Finance and the Board of Estimates. All monies set aside for the checking account under the provisions of this section must be deposited in a depository or depositories designated by the Board of Finance from time to time. Funds placed in said depositories as aforesaid may be withdrawn therefrom by check to pay expenses duly incurred by the City departments and agencies maintaining the imprest funds. Said checks shall bear the signature of:the director of the City department or agency or his designee; and 1 other person designated by the director to sign as Disbursing Officer. Such designation shall be made by the director and filed with the depositories on which such checks are drawn. Any signature on any such checks may be manual or facsimile. The director of any City department or agency maintaining an imprest <em>{advanced}</em> fund, his designee, and the Disbursing Officer designated by the director as aforesaid, before performing any act under the provisions of this section, shall give bond to the Mayor and City Council of Baltimore in such amount, in such form, and upon such conditions as may be determined appropriate by the Director of Finance. City Code, 1976/83, art. 5, §13C Ord. 80-184 Ord. 82-575

It shall be the duty of the Director of Finance:to open and keep regular and correct books for the registry and transfer of City stock and certificates of indebtedness; and under the direction of the Board of Finance, to prepare a list of the owners in time for the punctual payment of the interest. For this purpose, the transfer books shall be closed the 15<sup>th</sup> of the month previous to the day on which the interest is made payable. City Code, 1879, art. 46, §4 1893, art. 47, §4 1927, art. 43, §5 1950, art. 34, §2 1966, art. 5, §15 1976/83, art. 5, §14 Ord. 46-406

In all cases of application for renewal of certificates of City stock or indebtedness of the City of Baltimore, where said certificates may have been lost or destroyed, the person making such application shall give at least 60 day’s notice by publication once a week, in 2 of the daily newspapers published in the City of Baltimore, describing such certificate or certificates, and at the same time, declaring his or her intention to make such application. City Code, 1879, art. 46, §5 1893, art. 47, §5 1927, art. 43, §5 1950, art. 34, §2 1966, art. 5, §15 1976/83, art. 5, §15 Ord. 46-406

The Director of Finance shall, before he issues such duplicate certificate or certificates, require the person making such application to enter into a bond, with security to be approved by him, in double the amount of such certificate or certificates. City Code, 1879, art. 46, §6 1893 art. 47, §6 1927, art. 43, §7 1950, art. 34, §3 1966, art. 5, §16 1976/83, art. 5, §16 Ord. 46-406

The faith and credit of the Mayor and City Council of Baltimore and its corporate property are hereby pledged for the redemption of its stock and certificates of indebtedness and the payment of interest thereon, at such times as may be specified in the ordinances authorizing the same. City Code, 1879, art. 46, §10 1893, art. 47, §10 1927, art. 43, §9 1950, art. 34, §4 1966, art. 5, §17 1976/83, art. 5, §17 Ord. 46-406

The Board of Finance is authorized and empowered in its discretion to invest moneys belonging to the various sinking funds for the redemption of the public debt of the City in certificates of indebtedness of the City, of the State of Maryland, or of the United States. The Board of Finance is also authorized and empowered in its discretion to invest any of said moneys in the purchase of redeemable annuities or ground rents reserved out of lands heretofore leased to the Mayor and City Council of Baltimore and payable by said City, the conveyances thereof to be made to the Mayor and City Council of Baltimore, in trust for the benefit and purpose of said sinking fund in accordance with the provisions of <cite data-doc="City of Baltimore, Md., Charter" data-path="II|§(33)">Article II, § (33) of the Baltimore City Charter</cite>. City Code, 1893, art. 47, §19 1927, art. 43, §18 1950, art. 34, §5 1966, art. 5, §18 1976/83, art. 5, §18 Ord. 1881-081 Ord. 46-406

The Board of Finance is hereby authorized and empowered in its discretion to consolidate the several certificates of City stock or certificates of indebtedness held by it with any and every sinking fund under its care. City Code, 1879, art. 46, §19 1893, art. 47, §20 1927, art. 43, §19 1950, art. 34, §6 1966, art. 5, §19 1976/83, art. 5, §19 Ord. 46-406

The Clerk to the Board of Finance is hereby authorized and directed to open accounts for all sinking funds wherein shall be entered full and detailed accounts of:each sinking fund; the amount thereof; how invested; the acts of the Board in relation thereto; and all other facts necessary to a full succinct history of each fund. The Clerk shall also, under the direction of the Board of Finance, keep the books, accounts, and records of the office and perform such other duties as may be required. City Code, 1879, art. 46, §20 1893, art. 47, §21 1927, art. 43, §20 1950, art. 34, §7 1966, art. 5, §20 1976/83, art. 5, §20 Ord. 46-406

The Board of Finance of the City of Baltimore is hereby designated as the agency of the Mayor and City Council of Baltimore which is authorized to adopt rules, regulations or guidelines covering the exercise of the investment authority granted to the Treasurer of Baltimore City by Chapter 755 of the Laws of Maryland of 1974. City Code, 1976/83, art. 5, §21 Ord. 74-749 The State enabling law to which the preceding section refers, State <cite data-path="|95">Article 95</cite>, §22A, was repealed by Chapter 319, Laws of Maryland 1997. But see <cite data-path="|5|§5-2">§ 5-2 of this subtitle</cite> below.

The Mayor and City Council of Baltimore shall be governed by a local government investment policy that is consistent with and complies with the local government investment guidelines adopted in under State Code <cite data-path="|95|§22F">Article 95, § 22F</cite>. The Board of Finance shall adopt and implement the local government investment policy for Baltimore City. Any amendments to the City’s local government investment policy:shall be consistent with the local government investment guidelines; and shall be submitted to the State Treasurer in accordance with State Code <cite data-path="|95|§22F">Article 95, § 22F</cite>. Consistent with the requirements of this section, the Board of Finance shall amend the City’s local government investment policy to be consistent with Subtitle 29 {“Commercial Non-Discrimination Policy”} of <cite data-path="|5">this article</cite> and to ensure that no City funds are invested in or through business entities that are in violation of the City’s Commercial Non-Discrimination Policy. City Code, 1976/83, art. 5, §22 Ord. 95-611 Ord. 06-186

Upon the receipt of the written request of the Director of Social Services or his duly authorized agent, for the funds for the assistance rolls and foster care program of the Department of Social Services, previously approved by the Director of Finance for payment, the Mayor and the Director of Finance, are hereby authorized and empowered to pay funds of the Mayor and City Council of Baltimore to the Director of Social Services for the assistance rolls and foster care program of the Department of Social Services. City Code, 1966, art. 5, §13(a) 1976/83, art. 5, §13(a) Ord. 51-142 Ord. 67-1101 Ord. 76-018

All money received by the Director of Social Services from the Mayor and City Council of Baltimore under the provisions of this subtitle must be deposited in a depository or depositories designated by the Board of Finance from time to time. City Code, 1966, art. 5, §13(b) 1976/83, art. 5, §13(b) Ord. 51-142 Ord. 67-1101 Ord. 76-018

Funds placed in said depositories as aforesaid may be withdrawn therefrom by check for the assistance rolls and foster care program of the Department of Social Services. Said checks shall bear the signature of:the Director of Social Services; and 1 person of the Department of Social Services designated by the Director thereof to sign as Disbursing Officer. Such designation shall be made in writing by the Director of Social Services and filed with the depositories on which such checks are drawn. Any signature on any such checks may be manual or facsimile. City Code, 1966, art. 5, §13(c) 1976/83, art. 5, §13(c) Ord. 51-142 Ord. 67-1101 Ord. 76-018

The Director of Social Services and the Disbursing Officer designated by the Director of Social Services as aforesaid, before performing any act under the provisions of this subtitle, shall give bond to the Mayor and City Council of Baltimore in such amount, in such form, and upon such conditions as may be required for employees of the Department of Finance. City Code, 1966, art. 5, §13(d) 1976/83, art. 5, §13(d) Ord. 51-142 Ord. 67-1101 Ord. 76-018

Upon the receipt of a written request of the Executive Deputy Commissioner of the Human Services Division of the Department of Housing and Community Development or his duly authorized agent, for funds for such programs as approved for payment by the Board of Estimates on recommendation of the Director of Finance, the Mayor and the Director of Finance are hereby authorized and empowered to pay funds of the Mayor and City Council of Baltimore to the Executive Deputy Commissioner for such programs. City Code, 1976/83, art. 5, §13A(a) Ord. 80-131

All money received by the Executive Deputy Commissioner of the Human Services Division from the Mayor and City Council of Baltimore under the provisions of this subtitle shall be deposited in a depository or depositories designated by the Board of Finance from time to time. City Code, 1976/83, art. 5, §13A(b) Ord. 80-131

Funds placed in these depositories may be withdrawn therefrom by check for such programs as approved by the Board of Estimates on recommendation of the Director of Finance. The checks shall bear the signature of:the Executive Deputy Commissioner of the Human Services Division; and 1 other person of the Agency designated by the Executive Deputy Commissioner to sign as Disbursing Officer. This designation shall be made in writing by the Executive Deputy Commissioner and filed with the depositories on which the checks are drawn. Any signature on the checks may be manual or facsimile. City Code, 1976/83, art. 5, §13A(c) Ord. 80-131

The Executive Deputy Commissioner of the Urban Services Agency and the designated Disbursing Officer, before performing any act under the provisions of this subtitle, shall give bond to the Mayor and City Council of Baltimore in the amount and form and under the conditions as may be required for employees of the Department of Finance. City Code, 1976/83, art. 5, §13A(d) Ord. 80-131

There is a Public School Construction and Renovation Special Fund. The Special Fund is a continuing, nonlapsing fund established under the authority of <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§12">City Charter Article I, § 12</cite> (“Special funds for education”). The purpose of the Special Fund is to provide increased support to the Baltimore City Public School System for:new school construction; and the renovation and improvement of existing school buildings. The Special Fund consists of:money appropriated to it by the annual Ordinance of Estimates or by a Supplementary Appropriation; and contributions, grants, or gifts received from any public or private source for the benefit of the Special Fund. The Special Fund may be used only for the purposes specified in subsection (c) of this section. Ord. 12-007

In this subtitle, the following terms have the meanings indicated. “Board” means the Board of Directors of the fiscal agent. “Fiscal agent” means the entity designated by <cite data-path="|5|§9-4|(a)">§ 9-4(a) of this subtitle</cite> to administer the Fund and this subtitle. “Fiscal sponsor” means a nonprofit recognized as tax-exempt under Internal Revenue Code § 501(c)(3) that enters into an agreement with another organization to provide financial management and administrative support to that organization. “Fund” means the Children and Youth Fund established by <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§13">City Charter Article I, § 13</cite> {“Children and Youth Fund”}. “Grant” means money, regardless of source, that is controlled by the Fund and allocated from the Fund to a grantee for a specific purpose. “Grantee” means a legal entity to which the Fund makes a grant. Ord. 18-103 Ord. 20-363

The Fund may be used only for the purposes generally described in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§13|(a)">City Charter Article I, § 13(a)</cite>. Allowed uses for the Fund include:direct grants to program and service providers; administrative costs to operate the Fund; and capacity-building efforts to strengthen the ability of providers to successfully and sustainably offer services to Baltimore’s youth. The Fund may not be used to provide direct grants to an entity, unless that entity is a tax-exempt organization or is using a tax-exempt organization as a fiscal sponsor. Ord. 18-103

The fiscal agent shall be a community-centered grant-making institution that fosters and promotes: racial equity; inter-generational leadership; community ownership; and collective decision-making. Ord. 20-363

The fiscal agent for the Fund is the Baltimore Children and Youth Fund, Inc. The fiscal agent shall:identify specific programs and services to which the Fund may award a grant; and make grant awards to the programs and services identified by the Fund; use the standardized grant process and procedures to be followed by all grantees, as described in subsection (d) of this section; and require regular fiscal and program reports from all grantees, as required under subsection (e) of this section. The Board shall abide by the provisions of Subtitle 7 {“Financial Disclosures”} of the <cite data-path="|8">City Ethics Article</cite> and all other applicable provisions therein. A member of the Board has a conflict of interest and shall abstain from a discussion and recuse themselves from a vote on any matter before the Board if:the Board member is currently employed by the organization to which the discussion or vote pertains; a family member of the Board member is currently employed by the organization to which the discussion or vote pertains; the Board member is currently a member of the board of the organization to which the discussion or vote pertains; or a family member of the Board member is currently a member of the board of the organization to which the discussion or vote pertains. A Board member who abstains from a discussion or recuses themselves from a vote under subparagraph (i) of this paragraph shall immediately disclose the conflict of interest to the other members of the Board. The conflict of interest and the member’s subsequent abstention or recusal shall be published in the Board’s meeting minutes. As it identifies specific programs and services to be funded by the Fund, the fiscal agent must select programs and services that:are active in Baltimore City; are credible with and accountable to youth and the local communities they are proposing to serve; have an element of youth-centered programming; and can demonstrate how they are designed to improve outcomes for young people. The fiscal agent may also use any additional factors listed in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§13|(a)">City Charter Article I, § 13(a)</cite> to identify specific programs and services to be funded by the Fund so long as the additional factors are made publicly available to applicants for funding at the time that applications are requested. Beginning in Fiscal Year 2027 and continuing every 3 years thereafter, the fiscal agent shall:conduct a community-wide needs assessment to assist the Board in determining grant-making areas; and within 30 days of completing the needs assessment, submit the assessment to the Board of Estimates and the City Council. The fiscal agent shall use the following process to award grants to organizations:the fiscal agent shall make all grant opportunities available to all eligible organizations; the fiscal agent shall assess each individual grant opportunity to determine, based on the goals, scope, and complexity of each grant opportunity, which of the below types of panels will review applications:a community panel, which shall review applications for grants that meet the following criteria:the focus of the grant is neighborhood-based or community-centered; the grant is broad, competitive, or open to new applicants; the grant necessitates field-specific expertise; or the term of the grant will be longer than 12 months; and a panel of fiscal agent staff, which shall review applications for grants that meet the following criteria:the grant is time-sensitive and requires expedited review and recommendations; the grant is specialized or strategic; or limited in scope, including technical assistance awards or targeted initiatives; the fiscal agent shall assemble, edit, and publish on its website a grants manual that provides guidance to prospective grantees regarding the policies and procedures used by the Fund to award a grant, including whether applications will be reviewed by a community review panel or a panel of fiscal agent staff, as described in paragraph (2) of this subsection; for each individual grant opportunity, the fiscal agent shall create, maintain, and publish on its website a standard grant application for an organization to complete and submit to the fiscal agent that includes:proof of the organization’s tax-exempt status or the tax-exempt status of the organization’s fiscal sponsor; a description of the organization, including:how the organization aligns with the Fund’s purpose as stated in <cite data-path="|5|§9-3">§ 9-3 of this subtitle</cite>; a summary of the organization’s experience with serving youth; and an assessment of the organization’s credibility with and accountability to youth, community members and the community as a whole in the City; copies of the organization’s financial documentation, including:a copy of the organization’s current budget; the organization’s most recent annual financial statement; the organization’s most recent United States Internal Revenue Service Form 990, if applicable; and the organization’s State of Maryland certificate of status; if applicable:a signed and executed agreement between the organization’s current or potential fiscal sponsor and the organization, in which the fiscal sponsor endorses the organization’s application and agrees to serve or continue to serve as the organization’s fiscal sponsor if the organization is awarded a grant by the Fund; the fiscal sponsor’s most recent audited annual financial statement; the fiscal sponsor’s most recent United States Internal Revenue Service Form 990; and the fiscal sponsor’s State of Maryland certificate of status; a description of the specific programs within the organization that will be funded by the grant, including each program’s:purpose; timeline; proposed measurements of program outcomes; and budget; and any additional relevant information required by the fiscal agent; upon receipt of a completed grant application, the fiscal agent shall conduct a preliminary review of the application to:verify that the organization is eligible for the grant; review the organization’s record of compliance with previously awarded grants, if applicable; and ensure that the organization meets all other requirements specific to the grant opportunity; based upon the fiscal agent’s determination made under paragraph (2) of this subsection, the fiscal agent shall convene either:a panel to complete a community review of the completed grant application:of which the members shall possess the same qualifications as the members of the Board, as described in the by-laws, regarding:current residency in the City of Baltimore; and knowledge and skills in racial equity, youth development, or community engagement; of which the members shall receive orientation and training regarding program goals, evaluation criteria, confidentiality requirements, and conflict-of-interest standards; and of which the members may include youth development practitioners, community members, educators, youth leaders, and subject-matter experts; or a panel consistent of staff members of the fiscal agent; the panel convened under this subsection shall complete review of the application, which shall include:a group review of the application; scoring the application based on the following criteria:the applicant is currently active in Baltimore City; the applicant has credibility with and accountability to youth and the local communities the organization is planning to serve; the applicant has an element of youth-centered programming; the programming is designed to improve outcomes for youth; and the program aligns with the needs identified in the 3-year assessment conducted under <cite data-path="|5|§9-4(c)(3)">§ 9-4(c)(3) of this subtitle</cite>; based upon the grant application review conducted under paragraph (7) of this subsection, the panel shall report the name and score of each applicant, and make recommendations to the fiscal agent and the Board and, if the recommendations were made on behalf of a community review panel, fiscal agent staff may contribute additional information to the Board, as needed; based upon the recommendations of the panel, the Board shall either deny or approve an organization’s grant application and, if approved, the fiscal agent shall enter into a grant agreement with the organization and finalize the disbursement of funds in accordance with the memorandum of understanding between the fiscal agent and the Mayor of Baltimore; and following the denial or approval of an organization’s grant application, the fiscal agent shall report to the applicant the outcome of the application evaluation process and provide feedback specific to the application from the review process. A grantee shall submit to the fiscal agent a quarterly fiscal report. Beginning in Fiscal Year 2027 and continuing every 3 years thereafter, the fiscal agent shall participate in a performance audit conducted by the Office of the Baltimore City Comptroller. Ord. 18-103 Ord. 20-363

The fiscal agent shall be governed by and administered by a Board of Directors. The number of voting members of the full Board may not be less than 13, excluding vacancies, and no more than 21. The Board may increase or decrease its membership, within the limits specified in this subsection, in its bylaws. The Board members shall be appointed and serve the terms prescribed by the Board’s bylaws. Of the voting members of the Board:1 shall be the Mayor or the Mayor’s designee; 1 shall be the City Council President or a member of the City Council designated by the City Council President; and 1 shall be a member of the Baltimore City Youth Commission, as determined by an affirmative vote of at least a majority of a quorum of the Baltimore City Youth Commission. Of the non-voting members of the Board:1 shall be the City Solicitor or the City Solicitor’s designee; and 1 shall be the Director of Finance or the Director’s designee. The Board shall reflect the economic, social, cultural, and geographic diversity of the City and shall reflect the racial demographics of the City, as reflected in the most recent, publicly-available United States Census data on Baltimore City youth ages 0-24 years old. In this subparagraph, “youth” means an individual between the ages of 14 and 25, inclusive. Except as provided in sub-subparagraphs (C) and (D), at least 1/3 of the Board shall consist of youth members. No more than 1 time in a fiscal year, the Board of Estimates may waive the requirement in sub-subparagraph (B) if the Board of Estimates finds that:the Fund’s Board has taken reasonable and diligent efforts to comply with that requirement; those efforts have failed; and the Board creates and submits to the Board of Estimates a plan to restore the youth membership to at least one-third of the total Board. If the Board’s youth membership is less than 2 youth members, the Board shall immediately notify the Board of Estimates and shall present the Board of Estimates with a plan for restoring youth Board membership to a minimum of 2 youth Board members and shall carry out that plan within 90 days of presenting the plan. The Board must adopt bylaws for the administration of the fiscal agent. However, those bylaws may not be inconsistent with the terms of this subtitle or of <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§13">City Charter Article I, § 13</cite> {“Children and Youth Fund”}. The initial bylaws required by this subsection must be approved by the Board of Estimates before taking effect. Subsequent amendments to the initial bylaws must be filed with the Board of Estimates before taking effect. No funds may be disbursed from the Fund without the prior approval of the Board of Directors. The Board may employ staff to carry out the fiscal agent’s day-to-day operations. Ord. 20-363 Ord. 22-124

Subject to the requirements of this section, prior to September 1 of each year, the Board shall adopt an annual financial plan, based on the City’s fiscal year, that includes:a budget; an amount to be disbursed from the Fund to grantees during the coming fiscal year; the balance of the Fund held in accounts controlled and operated by the fiscal agent as of the most recent quarter; the amount of money the Fund received from the property tax assessment in the last fiscal year; the results of the most recent financial audit conducted by an independent third party; the end of fiscal year statement of financial position and an analysis of the end of year budget, as compared with the report, including the amount of money spent on facilitation and execution of community participatory processes for grant making; and an updated plan and progress report on the disbursement of the multi-year balance of the Fund. For the purposes of this paragraph, “public engagement” may include:staffing needs for community outreach; space, supplies, and personnel for community information sessions; or materials for education, marketing, and promotion of fund-related efforts; or facilitation and execution of community participatory processes for grant making. In its financial plan, the Board may allocate from the Fund’s balance:up to 5% for public engagement specifying how much of this allocation is budgeted to be used for facilitation and execution of community participation in the grant making process; up to 15% for staff and other costs to administer the Fund; and up to 20% for technical assistance to grantees regarding administering grant funds and complying with grant requirements. The Board shall allocate the remainder of the Fund’s balance among the programs and services identified under <cite data-path="|5|§9-4|(d)">§ 9-4(d) of this subtitle</cite>, with an emphasis on programs or services operating in, or meant to assist young people from, the communities in Baltimore City most impacted by high poverty. The remainder of the Fund’s balance shall be allocated according to the processes established in <cite data-path="|5|§9-4">§ 9-4 of this subtitle</cite> and in accordance with paragraph (3) of this subsection. The size of a grant may not exceed 25% of the total amount of money disbursed by the Fund as grants in any fiscal year. The Board may not award a grant to any organization that has not followed the policies and procedures established under <cite data-path="|5|§9-4|(d)">§ 9-4(d) of this subtitle</cite>. Before adopting any financial plan required by this section, the Board shall arrange for a public hearing on the proposed plan. Notice of the hearing must be published on the fiscal agent’s website for at least 3 consecutive weeks. Within 10 days of adopting a financial plan, the Board shall file the plan with the Board of Estimates. Ord. 20-363

No later than March 31 of each year, a relevant committee of the City Council shall hold 1 or more public hearings to evaluate the operations of the fiscal agent and its disbursements. By the date of the public hearing required by paragraph (1) of this subsection, the fiscal agent shall submit to the City Council the completed independent third party financial audit of the Fund from the previous fiscal year. If after conducting a public hearing and hearing testimonial evidence, the City Council finds evidence of misappropriation of funds, malfeasance, or violation of law in connection with the administration of the Fund, the City Council may, by a three-fifths vote of its members, refer a petition to the Board of Estimates to dissolve the fiscal agent’s Board. On receipt of a petition described in paragraph (1) of this subsection, the Board of Estimates shall consider and vote on that petition as soon as practicable. Ord. 20-363

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 26-114" data-path="|general">City General Provisions Article</cite>, the Director of Finance must adopt rules and regulations to carry out this subtitle including: a schedule for disbursing the Fund each year; and procedures for transferring money from the Fund to either the fiscal agent or directly to service and program providers designated by the fiscal agent. Ord. 18-103 Ord. 20-363 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

No later than September 1 of each year, the Board shall prepare and submit a report to the Mayor and City Council that shall include:a detailed description of the activities and impact of the Fund; the composition and demographics of the Board, including the number of youth members on the Board and the geographic diversity of the members; information about the Fund’s grantees, including:the grantee’s name and address; the programmatic intent of the grantee; the geographic area served by the grantee; the size of the grant received by the grantee; the number of years of funding received by the grantee; the grantee’s record of compliance with the Funds reporting requirements and the terms and conditions of any grants received; and a summary of the outcomes that the grantee achieved using money from the Fund; and the results of the most recently completed audit of the Fund. The Director of Finance shall annually provide a report to the Mayor and City Council that includes:the date and amount disbursed through grants in the past fiscal year, in accordance with the regulations promulgated pursuant to <cite data-path="|5|§9-9">§ 9-9 of this subtitle</cite>; and the Fund’s balance prior to and following the dates of any transfer of money from the Fund to the fiscal agent. Ord. 20-363 This subtitle was substantially modified by Section 1 of Ordinance 20-363 (Council Bill 20-519). For effective dates and transitional provisions, see also the following uncodified provisions of that Ordinance: Section 2 {Transition Board; First Financial Plan}, Section 3 {Interim fiscal agent close-out and transfer of records}, Section 4 {Unused Fund balances from FY 2019 and FY 2020}, and Sections 6 and 7 {Effective dates}.

The Comptroller shall represent the City in the negotiation of all claims against any insurance company from which insurance has been purchased covering loss or damage to City-owned property, and he is authorized to approve all settlements with the insurance company. If the Comptroller and the insurance company, during the course of their negotiations are unable to agree upon an equitable settlement, the Comptroller shall request the City Solicitor to press the City’s claim and assure that the City’s interest is protected. All money that may be awarded to the City by reason of loss from damage or destruction covered by City-purchased insurance shall be paid to the Mayor and City Council of Baltimore, and the appropriate agency shall be credited with these funds. Repairs or replacement of the property suffering damage shall be made, subject to the approval of the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, by either City employees or under contract. City Code, 1879, art. 11, §6 1893, art. 11, §6 1927, art. 8, §6 1950, art. 6, §3 1966, art. 5, §3 1976/83, art. 5, §3 Ord. 66-793 Ord. 76-018 Ord. 15-435

The Comptroller shall purchase insurance, subject to the approval of the Board of Estimates, to protect adequately the Mayor and City Council of Baltimore against any risk or risks of an insurable nature which may reasonably be expected to result in financial loss in excess of $200,000 in any 1 occurrence or in excess of an aggregate of $2,000,000 in any 1 fiscal year. The Comptroller may purchase insurance to protect against lesser amounts of potential loss if in his opinion the protection or the services obtained through the purchase of the insurance justify its cost. City Code, 1879, art. 11, §7 1893, art. 11, §7 1927, art. 8, §§7, 8 1950, art. 6, §4 1966, art. 5, §4 1976/83, art. 5, §4 Ord. 46-336 Ord. 66-793

The “City Property Insurance Fund” created by Ordinance 408 (1913-14) shall be used to defray the cost of repair or replacement of any real or personal property owned by or in the custody of the Mayor and City Council of Baltimore. The Comptroller may determine the property and perils to be covered by this Fund and promulgate rules and regulations governing payments from this Fund. Such rules and regulations shall be in accord with the provisions of <cite data-path="|5|§10-5">§ 10-5 of this subtitle</cite>, but may amplify and extend the basic principles as set forth in that section. There shall be appropriated annually to this Fund a sum equal to estimated losses payable from the Fund during the next fiscal year, but not less than the average aggregate annual losses paid from this Fund during the latest 5-year period, and in any event not less than $100,000, this sum to be provided for annually in the annual Ordinance of Estimates for each year. The appropriation shall continue until the accumulations and earnings therefrom, less expenditures or disbursements therefrom as may be made as hereinafter provided, amount to $2,700,000, at which time the appropriations and further addition of earnings of the Fund shall cease; and appropriations and the further addition of earnings shall begin again and continue to be made as herein provided if the Fund becomes depleted below this amount. Whenever the amount in the Fund exceeds this $2,700,000 maximum, the excess shall be promptly transferred to the General Funds of the City. The appropriations as made shall be paid by the Comptroller to the Board of Finance, to be held and invested by the Board of Finance as hereinafter directed. City Code, 1927, art. 8, §10 1950, art. 6, §5 1966, art. 5, §5 1976/83, art. 5, §5 Ord. 14-408 Ord. 66-793 Ord. 83-1037

The Board of Finance is hereby authorized and directed to: receive the money directed to be paid to it by the Comptroller, to hold and invest the same as other moneys in its charge and keeping are held and invested; retain the same as a permanent fund subject to be used only for the repair, rebuilding, or replacement of property owned by or in the custody of the City which may be lost, damaged, or destroyed by a peril intended to be covered by such fund in accordance with rules and regulations promulgated by the Comptroller; keep a separate account of said fund, together with the earnings thereof as the “City Property Insurance Fund” of the Mayor and City Council of Baltimore; and submit annually on July 1 of each and every year to the Comptroller, a statement, in writing, showing the state and amount of said fund. City Code 1927, art. 8, §11 1950, art. 6 §6, 1966, art. 5, §6 1976/83, art. 5, §6 Ord. 14-408 Ord. 66-793

In the event of the loss, damage, or destruction of property owned by or in the custody of the Mayor and City Council of Baltimore, the department, sub-department, municipal official, special commission, or board subjected to loss shall promptly notify the Comptroller and the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, to obtain an estimate of the cost of repair, rebuilding, or replacement from the latter. If the loss is estimated to be not more than $200,000, the agency, subject to the approval of the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, either shall arrange for repairs by its own maintenance force or shall proceed in the usual manner to effect the awarding of a contract for the work. Upon completion and the consequent knowledge of the actual cost of the restoration, the agency shall apply to the Comptroller for reimbursement from the Self-Insurance Fund. Upon approval by the Comptroller, a request for the transfer of the actual cost of the work performed from the Self-Insurance Fund to the appropriate account of the affected agency shall be made to the Director of Finance. The first $1,000 of each loss shall be borne by the agency suffering the loss, and the agency shall be reimbursed for the total amount of loss in excess of this sum. If at the time of the estimate of the Director of Public Works, the Director of Transportation, or the Director of General Services, whichever has jurisdiction, it is reasonably expected that the loss may be in excess of $200,000, a copy of the estimate shall be transmitted immediately to the Comptroller to enable him or her to negotiate with the insurance carrier. City Code, 1927, art. 8, §13 1950, art. 6, §7 1966, art. 5, §7 1976/83, art. 5, §7 Ord. 14-408 Ord. 66-793 Ord. 76-018 Ord. 15-435

In this subtitle, the following terms have the meanings indicated. “Applicant candidate” means a candidate who is seeking to be a certified candidate in a primary or general election. “Campaign finance entity” means a political committee established under Title 13 of the State Election Article {“Campaign Finance”}. “Certified candidate” means a candidate who is certified as eligible for public campaign financing from the Fund. “Commission” means the Baltimore City Fair Election Fund Commission. “Contested election” means any election in which there are more candidates for an office than the number who can be elected to that office. “Contribution” has the meaning stated in <cite data-doc="Md. Code" data-path="gel|1-101">State Election Law Article, § 1-101 </cite>{“Definitions: Contribution”}. “City Board” means the Baltimore City Board of Elections. “City resident” means a natural person who resides in Baltimore City. “Director” means the Director of Finance or the Director’s designee. “Election cycle” has the meaning stated in <cite data-doc="Md. Code" data-path="gel|1-101">State Election Law Article, § 1-101 </cite>{“Definitions: Election cycle”}. “Eligible contribution” means an aggregate donation in a 4-year election cycle from an individual, including an individual who does not reside in the City, that does not exceed the contribution level established in this subtitle. “Fund” means the Baltimore City Fair Election Fund. “Participating candidate” means a certified candidate who has received a public contribution from the Fund during the current election cycle. “Public contribution” means any money disbursed from the Fund to a certified candidate. “Publicly funded campaign account” means a campaign finance account established by a candidate for the exclusive purpose of receiving eligible contributions and spending funds in accordance with this subtitle. “Qualifying boost” means a one-time disbursement from the Fund to candidates for Mayor or Council President on certification under this subtitle. “Qualifying contribution” means an eligible contribution in support of an applicant candidate that is:made by a City resident; made after the beginning of the designated qualifying period, but no later than the respective election; and acknowledged by receipt that identifies the contributor’s name and residential address and signed by the contributor directly or by a digital signature using a method approved by the State Board. “Qualifying contribution” does not include an in-kind contribution of property, goods, or services. “Qualifying period” means the time beginning on January 1 following the last election for the office the candidate seeks and ending 45 days before the date of the primary election. “Slate” has the meaning stated in <cite data-doc="Md. Code" data-path="gel|1-101">State Election Law Article, § 1-101 </cite>{“Definitions: Slate”}. “State Board” means the Maryland State Board of Elections. Ord. 20-338

The Mayor and City Council find as follows. Local government should be responsive and serve the needs of all Baltimore City residents equally without regard to their wealth. Public officials should discharge their duties in an impartial manner, free from bias created by their own financial interests or, in the case of elected officials, the financial interests of those that may have supported them during their electoral campaigns. Costs of conducting electoral campaigns have increased significantly in recent years. Many candidates are forced to finance their campaigns by seeking large contributions from individuals and entities who thereby gain disproportionate influence over governmental decision once the candidate holds office. Qualified candidates without access to personal wealth or wealthy donor networks are often dissuaded from seeking public office. Those that do run find it difficult to win with their voices drowned out in the media and on the ground. Perception of the inappropriate and disproportionate influence on government by those monied donors who dominate campaign financing has led to disillusionment among city residents who have felt that their voices are not heard. This disillusionment has resulted in disengagement from the political process and government. It is the policy of Baltimore City to:diminish the public perception of corruption and build public faith and confidence in governmental and electoral processes; help reduce the influence of large individual and corporate campaign contributions on city government and eliminate the potential for public corruption; reduce the impact of wealth as a determinant for whether an individual seeks to pursue public office; enable City residents of all races and income to run for office based on the strength of their ideas, supported by small donations from the public and matching funds from the Fund; provide participating candidates with sufficient resources in order to communicate with voters; foster greater investment and more meaningful public participation in the political process among all Baltimoreans, regardless of race, gender, socio-economic status, or geography; prioritize accountability among elected officials to the constituents who elect them rather than those who fund their campaigns; strengthen public control over the direction of local government; and strengthen democracy in the city of Baltimore. Ord. 20-338

There is a Baltimore City Fair Election Fund. The Fund is a continuing, nonlapsing fund established under the authority of <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§15">City Charter Article I, § 15</cite> {“Special fund for fair elections”}. As set forth in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§15|(a)|(2)">City Charter Article I, § 15(a)(2)</cite>, the purposes of the Fund include:providing direct funding to candidates for public office who meet certain qualifications; providing technical assistance and training to individuals seeking to make use of public campaign funding; publicizing the availability of public campaign funding; and administering a public campaign funding program. The Fund consists of:money appropriated to the Fund in the annual Ordinances of Estimates; grants or donations made to the Fund; any unspent money remaining in a certified candidate’s publicly funded campaign account after the candidate is no longer a candidate for office; any public contribution plus interest returned to the Fund by a participating candidate who withdraws from participation; interest earned on money in the Fund; and proceeds from fees and fines collected under this subtitle. The Fund may only be used for the purposes specified in subsection (c) of this section. Ord. 20-338

There is a Baltimore City Fair Election Fund Commission as specified in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§15|(b)">City Charter Article I, § 15(b)</cite>. The Department of Finance must provide staff support for the Commission to:work with the State Board to administer the Fund and to provide oversight of applicant and participating candidates; and provide information about the Fund to candidates and the public. Ord. 20-338

The Director, in consultation with the Commission, must administer the Fund and ensure that the funds are dispersed in an equitable basis. The Director may not disperse any funds from the Fund without prior Commission consultation. On or before January 1 of each year, the Commission must issue a report to the Mayor and City Council containing:an estimate of the funds necessary to implement the public campaign finance system for the following fiscal year; a recommendation for an appropriation to the Fund for the following fiscal year; and if necessary, any recommendations for dedicated sources of funding. The Commission must meet:at least once every 90 days during the 12 months preceding a primary election; and at least twice a year otherwise. Ord. 20-338

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director, in consultation with the Commission, must adopt rules and regulations to carry out the provisions of this subtitle, including specifying: how and when receipts for qualifying contributions from contributors must be submitted to the State Board; the documents that must be filed with the State Board for certification; when disbursements from the Fund are made to a participating candidate and the amounts disbursed; procedures for handling impermissible uses of public contributions; and other policies necessary to implement this subtitle. Ord. 20-338 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

At least 18 months prior to a general election, the Commission must conduct civic education and community engagement efforts aimed at ensuring that candidates and voters are informed on the Fund and how they may participate. In conducting the civic education and community engagement efforts required under this section, the Commission must:create and distribute education materials in English and in Spanish that raise awareness about the Fund among voters and potential candidates; provide training to candidates and campaigns regarding the Fund and any applicable campaign finance laws and regulations; and work with community-based organizations to ensure education materials are relevant and assessable to members of communities that historically have been marginalized from elections and civic processes, including making any necessary translations for Baltimore voters. Ord. 20-338

After each general election for city office, the Commission must conduct a comprehensive review of the financing program under this subtitle, including:the maximum and minimum dollar amounts of qualified small dollar contributions; the number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a participating candidate; the maximum amount of disbursements a candidate may receive under this subtitle; the overall satisfaction of participating candidates and the public with the program; the analysis, recommendation and creation of a plan to the Mayor and City Council to reduce racial, ethnic, socio-economic and geographic disparities regarding access to public matching funds by participating candidates; and other matters relating to financing of campaigns as the Commission determines are appropriate. In conducting the review under this section, the Commission must consider the following:whether the number and dollar amounts of qualified small dollar contributions required strikes an appropriate balance regarding:the importance of voter involvement; and the need to assure adequate incentives for participation and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate; whether the totality of the amount of funds allowed to be raised by participating candidates, including through qualified small dollar contributions, and disbursements under this subtitle are sufficient for voters in the City to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate; and any other matter relating to public campaign financing that the Commission determines are necessary and appropriate for a thorough review. Based on the review conducted under this section, the Commission may recommend to the Mayor and City Council:adjustments to the number and value of qualified small dollar contributions a candidate is required to obtain to be eligible for certification as a participating candidate; adjustments to the maximum amount of disbursements that may be received under this subtitle; or any other legislative change necessary to increase candidate participation, voter participation, or both. The Commission must engage community members and community-based organizations in the review under this section to determine whether the Fund is achieving its stated purposes of fostering greater participation in the political process. Ord. 20-338

Before raising any contributions under this subtitle, an applicant candidate must:file a notice of intent with the State Board in the manner that the State Board requires; and establish a publicly funded campaign account. Except as otherwise provided in paragraph (2) of this subsection, an applicant candidate may not accept:an eligible contribution of more than $150 in the aggregate during an election; or a loan. An applicant candidate may loan or contribute up to $6,000 during an election cycle from:the applicant candidate; or the applicant candidate’s spouse. the contribution limit set forth in subsection (b)(1) of this section must be adjusted for the next election cycle on July 1, 2028, and July 1 of each subsequent fourth year by the percentage increase in the Baltimore-Columbia-Towson Consumer Price Index, as reported by the United States Department of Labor, rounded up by the nearest multiple of $10. The Director must publish this adjusted amount no later than the January 1 after the adjustment is made. Ord. 20-338

A candidate must apply to the State Board for certification during the qualifying period in the form that the State Board requires. An applicant candidate must include with the application any documentation required by the State or, in the absence of State requirements, the following:a declaration from the applicant candidate to follow the requirements governing the use of a public contribution; a campaign finance report that contains the information that the State Board requires for a campaign finance report and that includes:a list of each qualifying contribution received; a list of each expenditure made by the candidate during the qualifying period; a copy of the receipt associated with each contribution that identifies the contributor’s name and residential address; and a copy of the receipt associated with each expenditure; and a certificate of candidacy for Mayor, Council President, Comptroller, or City Councilmember. To qualify as a certified candidate:a candidate for Mayor must collect at least:500 qualifying contributions; and an aggregate total of $40,000; a candidate for Council President must collect at least:250 qualifying contributions; and an aggregate total of $15,000; a candidate for Comptroller must collect at least:250 qualifying contributions; and an aggregate total of $15,000; and a candidate for City Councilmember must collect at least:150 qualifying contributions; and an aggregate total of $5,000. An applicant candidate must deposit all contributions into the candidate’s publicly funded campaign account. An applicant candidate must deliver to the State Board a copy of a receipt for each qualifying contribution that identifies the contributor’s name and residential address that is signed by the contributor directly or by a digital signature using a method approved by the State Board. An applicant candidate is ineligible for certification if the State Board, in consultation with the Commission, has determined that the applicant candidate has:failed to submit a campaign finance report in the 4 years preceding the election cycle; coordinated with a political action committee; or violated any rule or regulation adopted under this subtitle. Ord. 20-338

Within 10 days of receiving a complete application for certification, the State Board must make a determination, in consultation with the Commission, whether to certify an applicant candidate. The State Board must notify the Director and the Commission of the State Board’s determination. Except as provided in subsection (d) of this section, the decision by the Commission whether to certify a candidate is final. Subject to paragraph (2) of this subsection, on notice of the State Board’s certification of an applicant candidate, the Director must disperse the appropriate public contribution under <cite data-path="|5|§11-17">§ 11-17 {“Distribution of public contribution”} of this subtitle</cite>. The Director may not disburse any public funds to a candidate without first consulting with the Commission. If an application is denied, the applicant candidate may resubmit a new or modified application one time within the earlier of:10 business days after receiving notice that the application was denied; or the end of the qualifying period.

Only after consulting with the Commission, the Director must distribute a public contribution from the Fund to each certified candidate in a contested election only during the distribution period as follows:for a certified candidate for either Mayor, Council President, or Comptroller, the matching dollars must equal:$9 for each dollar of a qualifying contribution received for the first $25 of each qualifying contribution; $5 for each dollar of a qualifying contribution received for the next $50 of each qualifying contribution; and $2 for each dollar of a qualifying contribution received for the final $75 of each qualifying contribution. for a certified candidate for City Councilmember, the matching dollars must equal:$9 for each dollar of a qualifying contribution received for the first $25 of each qualifying contribution; $5 for each dollar of a qualifying contribution received for the next $50 of each qualifying contribution; and $0 for each dollar of a qualifying contribution received for the final $75 of each qualifying contribution. In addition to any public contributions made under subsection (a)(1) of this section, within 5 days of certification, the Director must disburse from the Fund a qualifying boost of:$200,000 for a candidate for Mayor; and $50,000 for a candidate for Council President or a candidate for Comptroller. A candidate may not receive more than 1 qualifying boost during an election cycle. Except as provided in paragraph (2) of this subsection, the total public contribution payable to a certified candidate for either a primary or a general election may not exceed:$1,500,000 for a candidate for Mayor; $375,000 for a candidate for Council President; $200,000 for a candidate for Comptroller; and $125,000 for a candidate for City Councilmember. The limits specified in this subsection do not include the qualifying boost received by a candidate for Mayor or Council President. The Director may not distribute a public contribution based on:a contribution or loan from the candidate or the candidate’s spouse; or an in-kind contribution of property, goods, or services. On or before July 1 of each year preceding a primary election, the Director must determine if the amount in the Fund is sufficient to meet the maximum public contributions and qualifying boosts reasonably expected to be required during the next election cycle. If the Director determines that the total amount available for distribution in the Fund is insufficient to meet the allocations required by this section, the Director must reduce each public contribution and qualifying boost to a certified candidate by the same percentage of the total public contribution. Within 3 business days of the primary election, the Director must continue to disburse the appropriate public contribution for the general election to each participating candidate. Within 30 days of the certification by the City Board of the results of the primary election, a participating candidate who is not certified to be on the ballot for the general election must return to the Fund any unspent money in the candidate’s publicly funded campaign account. On or before December 31 after the general election, a participating candidate must return to the Fund any unspent money in the candidate’s publicly funded campaign account. In this subsection, “principal political party” has the meaning stated in <cite data-doc="Md. Code" data-path="gel|1-101">State Election Law Article, § 1-101 </cite>{“Definitions: Principal political parties”}. A certified candidate nominated by petition or by a party that is not a principal political party may receive a public contribution for the general election if the candidate’s nomination is certified by the City Board. A certified candidate under this subsection must qualify as a certified candidate at least 45 days before the date of the general election. Ord. 20-338

A participating candidate may only make expenditures from the publicly funded campaign account registered with the State Board for expenses incurred directly for the election after the candidate is certified. A participating candidate may not use any portion of a public contribution to pay for expenses or loans incurred prior to being certified. A participating candidate may not pay in advance for goods and services to be used after certification with non-qualifying contributions received before applying for certification. Except as provided in paragraph (2) of this subsection, the Director must reduce the public contribution to a participating candidate’s publicly funded campaign account by the total amount of all expenditures made after the end of the previous election cycle from the candidate’s non-participating campaign account. Expenditures made with contributions received prior to the end of the previous election cycle towards debts accrued before the end of the previous election cycle may not reduce the public contribution to a participating candidate’s publicly funded campaign account. A participating candidate may not use a public contribution for:personal expenses; expenses related to holding public office; paying for a personal endorsement; or paying for late filing fees. A participating candidate may not use a public contribution to :contribute to current or future candidates for elective offices other than the one being sought by the participating candidate; or contribute to any entity or organization, such as a political party. The Director, in consultation with the Commission, shall determine whether an expense is a permissible use of a public contribution, and the Director’s determination is final. A complaint alleging a prohibited receipt or use of funds by a participating candidate must be filed with the State Board. On request by the Commission, a participating candidate must provide the Commission with reasonable access to the financial records of the candidate’s publicly funded campaign account. A participating candidate must keep all records for a period of 4 years after the election to which the documents relate. The records must be retained by the campaign treasurer unless the State Board has been notified otherwise. Ord. 20-338

A certified candidate may withdraw an application for a public contribution any time before the public contribution is received by the candidate’s publicly funded campaign account. A participating candidate may withdraw from participating if the candidate:files a statement of withdrawal with the State Board and the Commission on a form that the State Board requires; and repays to the Fund the full amount of any public contribution received, plus interest accruing from the date of withdrawal at the same rate as the current bank prime loan rate reported by the Board of Governors of the Federal Reserve System. If the funds remaining in the participating candidate’s publicly funded campaign account at the time of withdrawal are insufficient to repay the Fund under subsection (b) of this section, the candidate is personally liable for repayment. The Director, in consultation with the Commission, may reduce any repayment under subsection (b) of this section for a participating candidate who must withdraw for health reasons or other cause not within the candidate’s control. In considering a repayment reduction under this subsection, the Director, in consultation with the Commission, may consider the participating candidate’s personal financial hardship. Ord. 20-338

Except as provided in subsection (b) of this section, an applicant candidate or a participating candidate may not:accept a private contribution from any group or organization, including a political action committee, a corporation, a labor organization, or a state or local central committee of a political party; accept private contributions from an individual in an aggregate greater than $150 during an election, or the maximum amount of an eligible contribution, as adjusted by §11-14(c) of this subtitle; after filing a notice of intent with the State Board to seek public financing, pay for any campaign expense with any campaign finance account other than the candidates’ publicly funded campaign account; be a member of a slate in any election in which the candidate receives a public contribution; or transfer money:to the candidate’s publicly funded campaign account from any other campaign finance entity established for the candidate; or from the candidate’s publicly funded campaign account to any other campaign finance entity. Pursuant to <cite data-doc="Code of Maryland Regulations" data-path="|33.13.14">COMAR 33.13.14</cite>, a candidate who accepts a public contribution may affiliate with any other candidates, including non-publicly financed candidates, on campaign material if:the authorized candidate campaign committee makes a direct disbursement to the payee for its share of the costs of the campaign material; and the campaign material displays the authority line of the authorized candidate campaign committee. Ord. 20-338

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Each day a violation continues is a separate offense. Ord. 20-338

The Mayor and City Council of Baltimore has conducted a management audit of the City’s insurance program and an actuarial review of its casualty and liability losses and has determined that there is a need for a self-insurance fund for liability, casualty, property, and other designated losses, administered as an insurance and risk management program. Casualty and property losses include, but are not limited to, uninsured losses to City buildings and contents, City vehicles, City water craft, City boilers and machinery; workers’ compensation and employers liability; and third-party general liability and automobile liability losses. City Code, 1976/83, art. 1, §195 Ord. 86-750

There is created a Self-Insurance Fund. The initial funding shall be such amounts as may be provided:by the Fiscal Year 1987 Ordinance of Estimates; such supplementary appropriation ordinance(s) that may be enacted for this purpose; and from transfer of existing insurance reserves. In succeeding years the Fund shall be replenished or augmented as may be required. The Fund shall not exceed $27,000,000. City Code, 1976/83, art. 1, §196 Ord. 86-750

There is established a Committee on Insurance and Risk Management, to be constituted of persons knowledgeable in the field of risk management. The Committee shall be appointed by the Mayor pursuant to <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. The Committee shall have such number of members as the Mayor may deem appropriate to carry out its function. The Chairman shall be appointed and replaced from time to time by the Mayor. The Committee shall periodically employ a casualty actuary to conduct an actuarial review of the self-insured loss exposure of the City, and the Committee shall review the loss experience of the City, its claim and potential liability exposure, and any other factors which the Committee considers necessary or appropriate to evaluate the City’s insurance and risk management needs. The Committee shall recommend to the Mayor and the Board of Estimates such amount of money, if any, for inclusion in the annual Ordinance of Estimates that it deems necessary to be appropriated to sustain the Self-Insurance Fund at a level to protect the City’s interest and meet the demands upon it. The Committee shall submit to the Mayor and the Board of Estimates annually not later than March 1, a statement showing the condition and amount of the Fund. City Code, 1976/83, art. 1, §197 Ord. 86-750

No monies shall be disbursed from the Fund except: to pay casualty and liability losses, and such other categories of losses or obligations consistent with the insurance and risk management program purposes of the Fund as may be directed by law or by the Board of Estimates; to pay insurance premiums; and to cover the actual cost of administering the expenses related to a risk management program. City Code, 1976/83, art. 1, §198 Ord. 86-750

The monies in the Self-Insurance Fund and the earnings thereon shall be invested by the Board of Finance as are other monies in its charge. City Code, 1976/83, art. 1, §199 Ord. 86-750

The Self-Insurance Fund shall be administered by the Office of Risk Management in the Department of Finance, headed by the Risk Management Officer who shall be appointed by the Director of Finance under the provisions of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> relating to the classified civil service. The Fund shall be administered in accord with all applicable laws, standard insurance industry practice, accepted accounting principles, and such requirements as the Board of Estimates may establish. The Risk Management Officer shall recommend to the Board of Estimates the types and extent of risks to be covered by the Fund and any insurance or excess insurance deemed advisable, and the Board shall determine what risks are to be covered and the amount of any insurance to be obtained. Pursuant to <cite data-doc="City of Baltimore, Md., Charter" data-path="V|§3">Article V, § 3 of the City Charter</cite>, the Comptroller shall obtain insurance approved by the Board of Estimates. City Code, 1976/83, art. 1, §200 Ord. 86-750

The term “Self-Insurance Program for Commodity, Service, and Construction Contracts” (Self-Insurance Program) as used herein shall mean the self-insurance program of the City as provided in this subtitle for the payment of monetary claims arising from any loss, damage, or expense which the Mayor and City Council of Baltimore may sustain by reason of the failure of a service, commodity, or construction contractor to comply with the terms of any contract not exceeding $200,000 which said contractor has entered into with the Mayor and City Council of Baltimore. The term “Self-insurance Fund for Commodity, Service, and Construction Contracts” (Self-insurance Fund) as used herein shall mean the appropriation provided in the annual Ordinance of Estimates to pay any claims authorized by this subtitle. The term “Liability Reserve Fund for Commodity, Service, and Construction Contracts” (Liability Reserve Fund) as used herein shall mean the fund that is to be accumulated as set forth in this subtitle to pay any claims ordinarily payable by the Self-Insurance Fund, provided the Self-Insurance Fund has been depleted in that fiscal year. The term “contractor” as used herein shall mean any person, firm, or legal entity with whom the City has entered into an agreement. The term “construction” shall mean the repair, renovation, construction, or maintenance of any property owned by the City of Baltimore or financed in whole or in part by the City of Baltimore. City Code, 1976/83, art. 1, §201 Ord. 86-774 Ord. 89-362

The Mayor and City Council of Baltimore shall implement a Self-Insurance Program for Commodity, Service, and Construction Contracts for the reimbursement of any losses the City sustains through the default of a commodity, service, or construction contractor under a contract not exceeding $200,000. A Self-Insurance Fund shall be established to be used to pay for losses and other expenses of implementing and operating the Self-Insurance Program. Monies for said Fund shall be appropriated annually in the Ordinance of Estimates in an amount approved by the Board of Estimates. Payment of any and all claims under the Self-Insurance Program for losses sustained by the Mayor and City Council of Baltimore shall be made from the Self-Insurance Fund by the City Solicitor upon certification by the head of the procuring agency that the Mayor and City Council of Baltimore has sustained a loss due to the default of a commodity, service, or construction contractor. Provided, however, that for any claim exceeding $5,000, the City Solicitor shall not have authority to make any payments pursuant to this Act without both a certification of loss by the head of the procuring agency and subsequent approval by the Board of Estimates. And provided further, that in any case where the decision is contested by a contractor, the decision to pay the claim is subject to approval by the Board of Estimates. Any monies remaining in the Self-Insurance Fund at the end of any fiscal year, including any interest accrued thereon, shall be turned over to the Director of Finance to be placed in the Liability Reserve Fund. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board of Estimates shall have the authority to promulgate rules and regulations for the administration of this program. City Code, 1976/83, art. 1, §202 Ord. 86-774 Ord. 89-362 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this subsection to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The Director of Finance is hereby authorized and directed to create a fund to be known as the “Liability Reserve Fund for Commodity, Service, and Construction Contracts” (Liability Reserve Fund) for which purpose a sum shall be appropriated annually in the Ordinance of Estimates. The appropriation to the Liability Reserve Fund shall continue with the accumulations thereto, together with the earnings of the same and the balance from the Self-Insurance Fund, less any expenditures or disbursements therefrom as may be made. The Reserve Fund shall continue to accumulate in the aforesaid manner to the maximum amount established in an ordinance approved by the Mayor and City Council upon the recommendation of the Board of Estimates. Any monies remaining in the Liability Reserve Fund at the end of any fiscal year in excess of the maximum amount established by ordinance shall be credited to the General Fund of the City. The appropriation so made and any other sums paid to the Fund shall be turned over by the Director of Finance to the Board of Finance of the Mayor and City Council of Baltimore, to be held and invested by the Board of Finance. City Code, 1976/83, art. 1, §203 Ord. 86-774

The Liability Reserve Fund shall be used to pay any losses which the Mayor and City Council of Baltimore sustains pursuant to its Self-Insurance Program, only after the sums provided for in <cite data-path="|5|§13-2">§ 13-2 of this subtitle</cite> have been fully expended or encumbered. City Code, 1976/83, art. 1, §204 Ord. 86-774

No provision of this subtitle shall be interpreted or construed to prevent the Mayor and City Council of Baltimore from pursuing any remedy at law available to it against a defaulting commodity, service, or construction contractor whose failure to comply with the terms of a contract results in a loss to the City. All remedies provided by this subtitle are cumulative with all other remedies available to the City at law. Payment of a claim under this subtitle shall not prohibit the Mayor and City Council from pursuing civil remedies in order to recover any damages sustained by the City, even if the recovery exceeds any claim paid under this subtitle. City Code, 1976/83, art. 1, §205 Ord. 86-774

The Board of Finance for Baltimore City is hereby authorized and directed to: receive the monies directed to be paid to it by the Director of Finance; hold and invest the same as other monies in its charge are held and invested; retain the same as a permanent fund to be used only for the payment of claims as provided in §§ 13-2 and 13-4 of this subtitle; keep a separate account of said fund, together with the earnings thereof, as the “Liability Reserve Fund for Commodity, Service and Construction Contracts” of the Mayor and City Council of Baltimore; and submit annually to the Director of Finance a statement in writing showing the state and amount of said fund. City Code, 1976/83, art. 1, §206 Ord. 86-774

After the close of each fiscal year, the Director of Finance shall report to the Mayor and City Council the year-end fund balances of the Self-Insurance Fund and the Liability Reserve Fund, the amount of excess funds credited to the General Fund, and the claims paid under this Self-Insurance Program, by itemizing in sufficient detail the total amounts paid for applicable commodity, service, and construction contracts. City Code, 1976/83, art. 1, §207 Ord. 86-774

In this subtitle, the following terms have the meanings indicated. “Director” means the Director of Finance or the Director’s designee. “Program” means the Private Security Camera System Rebate and Voucher Program established by this subtitle. “Security camera system” or “system” means one or more outdoor surveillance cameras with functioning digital video recording capability. “Small business” means an individual, a partnership, a limited partnership, a limited liability partnership, a limited liability company, or a corporation that:is independently owned and operated; is not a subsidiary of another entity; and in its most recently completed fiscal year, did not employ in its operations more than 25 individuals. Ord. 20-355 Ord. 22-125

There is a Private Security Camera System Rebate and Voucher Program. The purpose of the program is to encourage the purchase and installation of security camera systems in Baltimore City. To ensure that the Program is administered in the most equitable manner possible, the Director shall:comply with the priority requirements set forth in this subtitle; and subject to an appropriation of funds in accordance with <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>, process and distribute vouchers to voucher-eligible applicants prior to disbursing any rebates to rebate-eligible applicants. Ord. 20-355

To be eligible for a rebate under this subtitle, a property owner or lessee shall: on or after June 1, 2020, purchase and install a system on the exterior of a dwelling or small business; register the system with the Citiwatch Community Partnership; and submit a rebate application to the Director as required by <cite data-path="|5|§14-5">§ 14-5 {“Rebate application”} of this subtitle</cite>. Ord. 20-355

In order to be eligible to receive a rebate under this subtitle, a person must submit an application to the Director. The application must be in the form and contain the information that the Director requires, including:the applicant’s name; the address where the system is located and whether the property is primarily used as a residence or as a small business; a proof-of-purchase for the system that indicates the date of purchase and the amount paid for the system; verification that the system is registered with the Citiwatch Community Partnership; and a signed statement that the applicant agrees to have the system oriented towards a specified public right-of-way for at least 2 years. A residential applicant may submit a rebate application for 2 systems. A small business applicant may submit an rebate application for up to 3 systems. Notwithstanding the application limits set forth in paragraphs (1) and (2) of this subsection, a person may submit a rebate application for 1 additional system for a property that has already received a rebate every 2 years from the original rebate date. Ord. 20-355

On approval of a rebate application submitted in accordance with <cite data-path="|5|§14-5">§ 14-5 {“Rebate application”} of this subtitle</cite>, the Director shall provide a rebate of the lesser of $150 or the actual cost of the system. The Director may adjust rebate amounts based on:whether the property is located in an area with a high number of incidents of violent crime, as determined in consultation with the Mayor’s Office of Criminal Justice; whether the property is located in an area where the median household income is at or below 185% of the Federal Poverty Level, as measured by the most recent 5-year estimate of the U.S. Census Bureau’s American Community Survey; whether the applicant has received a rebate for any property under this subtitle from the City in a prior year; and the availability of funds. Availability of rebates is subject to the appropriation of funds in accordance with <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. A rebate may not exceed the actual cost of a system as indicated on the proof-of-purchase submitted with the application. Rebates are contingent on the availability of funds and the application’s priority under subsection (c) of this section. To ensure that rebates are disbursed in an equitable manner and in a manner that best serves the City’s interest in improving public safety, the Director shall prioritize rebate recipients based on:incidents of violent crime in the vicinity of an applicant’s property, with areas with the highest incidents of violent crime receiving the highest priority; median household income in the vicinity of an applicant’s property, with areas, with the lowest median income receiving the highest priority; and whether the applicant has received a rebate for any property from the City in a prior year. Ord. 20-355

In this section, “public assistance” means money, property, food stamps, or other assistance that is provided under a need-based social or nutritional program that is:financed wholly or partly by the State; and administered by the State or Baltimore City. To be eligible for a voucher under this section, a property owner or lessee shall:submit an application to the Director in the form that the Director requires; and provide the Director with proof of receipt of public assistance. After a determination that an applicant is eligible under this section, the Director shall distribute a voucher to the applicant for the purchase and installation of 1 security camera system. A voucher under this section may not exceed the amount for a rebate claim under <cite data-path="|5|§14-6">§ 14-6 {“Rebate amount”} of this subtitle</cite>. Availability of vouchers is subject to the appropriation of funds in accordance with <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. The Director may prioritize the distribution of vouchers based on whether the applicant’s property is located in an area with a high number of incidents of violent crime as determined through consultation with the Mayor’s Office of Criminal Justice. Ord. 20-355

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite> and the requirements in this section, the Director shall adopt rules and regulations to carry out the provisions of this subtitle, including:the requirements for proofs of purchase and system verification; procedures for verifying that a system is registered with the Citiwatch Community Partnership, including a certification from any rebate recipient providing that the recipient may not use the system to intentionally record specific individuals conducting lawful activity; in collaboration with the Department of Planning and the Mayor’s Office of Criminal Justice, identification of priority areas for rebates based on violent crime indicators and socio-economic status as required by <cite data-path="|5|§14-6">§ 14-6 {“Rebate amount”} of this subtitle</cite>; procedures for participating in the voucher program established by <cite data-path="|5|§14-8">§ 14-8 {“Vouchers”} of this subtitle</cite>; and in consultation with the Mayor’s Office of Criminal Justice, identification of priority areas for vouchers based on violent crime indicators as required by <cite data-path="|5|§14-8|(d)">§ 14-8(d) {“Vouchers: Distribution”} of this subtitle</cite>. In developing the regulations required by this section and any subsequent amendments, the Director shall collaborate with the Department of Planning and the Mayor’s Office of Criminal Justice. Every 2 years from the date of initial adoption of the rules and regulations required by this section, the Director shall conduct a review of those rules and regulations and update them as necessary. Ord. 20-355 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

No later than June 30 of each year, the Director shall prepare and submit a report to the Mayor and City Council detailing data regarding the Program from the preceding year, including: the number of rebate and voucher applications received; the amount of rebates disbursed and vouchers distributed; and aggregate data regarding:which neighborhoods are applying for rebates and vouchers; and which neighborhoods are receiving rebates and vouchers. Ord. 20-355

Any person who knowingly makes a false statement on or in connection with an application for a rebate or a voucher under this section or in connection with any statement supporting a property’s eligibility for a rebate or a voucher granted under this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or to imprisonment for not more than 12 months or to both fine and imprisonment for each offense. Ord. 20-355

In this subtitle, the following terms have the meanings indicated. “Director” means the Director of a stated executive department or that Director’s designee. “Employee-owned business” means a business in which:the business’s employees are represented on the board of directors and the business’s employees control the majority of the voting stock; or the trustees are elected by the business’s employees, if the business is held in trust that controls the majority of the voting stock. Ord. 20-429

No later than 3 months after the end of each fiscal year, the Directors of the Departments of Finance, Public Works, Transportation, General Services, and Recreation and Parks shall jointly submit a report to the Mayor and the City Council regarding employee-owned businesses in Baltimore City and shall include the information required by this subtitle. To the extent practicable, in preparing the report required under by this subtitle, the Directors of the Departments of Finance, Public Works, Transportation, General Services, and Recreation and Parks may consult with employee-owned businesses in Baltimore City to provide necessary background and advice. Information in the report required by this subtitle shall be limited to only those employee-owned businesses that have identified themselves to the City as being an employee-owned business. Ord. 20-429

The Director of Finance, in consultation with the City Purchasing Agent, shall include in the report required by this subtitle the following information for the previous fiscal year:the number and total dollar value of City contracts awarded to employee-owned businesses through the Department of Finance Bureau of Procurement process, disaggregated by City agency and type of business; the number and total dollar value of City contracts through the Department of Finance Bureau of Procurement process, disaggregated by City agency and type of business; and of City contracts issued through the Department of Finance Bureau of Procurement process, the percentage of those contracts awarded to employee-owned businesses, disaggregated by City agency and type of business. The Directors of the Departments of Public Works, Transportation, General Services, and Recreation and Parks shall include in the report required by this subtitle the following information for each Director’s respective department for the previous fiscal year:the number and total dollar value of all departmental contracts awarded to employee-owned businesses, disaggregated by department and type of business; the number and total dollar value of all departmental contracts, disaggregated by department and type of business; and of all departmental contracts, the percentage of departmental contracts awarded to employee-owned businesses, disaggregated by department and type of business. Ord. 20-429

Utilizing the data contained in the report required by <cite data-path="|5|§15-2">§ 15-2 {“Reporting – In general”} of this subtitle</cite>, the Mayor’s Office of Small Business (or its successor office, agency, or unit) shall, no later than June 30 of each year, submit a report to the Mayor and City Council setting forth: an assessment of the difficulties or obstacles that employee-owned businesses encounter when competing for City contracts; and legislative or policy proposals to lessen the effects of the difficulties and obstacles and to enhance the ability of employee-owned businesses to compete for and obtain City contracts. Ord. 20-429

The Comptroller shall maintain a publicly accessible online database that includes:all deeds and leases made to the City, or sufficient extracts from those deeds and leases to fully identity the nature of the City’s interest in the specific property; and all contracts and agreements made in relation to the property of the City. The database required by this section shall be searchable for easy reference to the deeds, leases, contracts, and agreements within the database. City Code, 1879, art. 1, §57 1893, art. 1, §64 1927, art. 1, §85 1950, art. 1, §24 1966, art. 1, §92 1976/83, art. 1, §95 Ord. 1858-009 Ord. 21-032 This section was amended by Ordinance 21-032, effective January 10, 2022, to require that the record of all property conveyances to the City and of all contracts and agreements made in relation to City property be maintained in a publicly accessible online database (rather than, as has long been the practice, in a “well-bound record book”).

The Comptroller and the Director of Finance must maintain jointly a comprehensive inventory of City-owned real property, which must be updated quarterly to reflect acquisitions and dispositions. For each parcel of property, the inventory must provide the following information:a street address or, if there is no street address, a description sufficient to identify the location of the property; the date when the City acquired or took possession of the property; the purchase price paid by the City; the name of the grantor; and an estimate of the market value of the property, which must be updated every 3 years. All City agencies that own, acquire, or dispose of real property must comply with requests of the Comptroller and the Director of Finance in maintaining the inventory. The inventory must be posted online for public inspection. City Code, 1976/83, art. 5, §2A Ord. 97-144 Ord. 21-032 Subsection (d) was amended by Ordinance 21-032, effective January 10, 2022, to require posting the inventory online (rather than, as has been the practice, “kept in the office of the Comptroller” and only open for public inspection “during regular office business hours”). Cf. Editor’s Note to the preceding § 16-1.

In any and all parts of any and all ordinances in force in the City of Baltimore, and any and all amendments thereto, which authorize any person to acquire property on behalf of the Mayor and City Council of Baltimore, any reference therein to such person and to his power to acquire property is hereby changed to a reference to:the Department of Real Estate in the Comptroller’s Office; and such other person and in such manner as the Board of Estimates, in the exercise of the power vested in it by <cite data-doc="City of Baltimore, Md., Charter" data-path="V|§5">Article V, § 5 of the City Charter</cite>, may hereafter from time to time designate. The said Department of Real Estate, and such person as the Board of Estimates may hereafter from time to time designate, is hereby authorized and empowered so to acquire such property. City Code, 1966, art. 1, §81(a) 1976/83, art. 1, §82(a) Ord. 59-055

Any acquisition of real property or an interest therein, and any and all negotiations for the purpose of acquiring real property or an interest therein made on behalf of the Mayor and City Council of Baltimore by such persons who shall have been designated by the aforesaid divers ordinances, or by the Department of Real Estate, or by the Board of Estimates in the exercise of the authority vested in it by § 39 of <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite> as aforesaid <em>{cf. Article V, §5(a) of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> (1996 Edition)}</em>, are hereby ratified and confirmed, and shall be deemed to have been made by the persons designated in the aforesaid divers ordinances as the persons to negotiate for and acquire property on behalf of the Mayor and City Council of Baltimore, it being hereby declared to have been the legislative intent of said divers ordinances in purporting to designate the persons to negotiate for and acquire property on behalf of the Mayor and City Council of Baltimore to have named the persons designated by the Board of Estimates in the exercise of the powers vested in it by § 39 of <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite>, as aforesaid <em>{cf. Article V, §5(a)}</em>. City Code, 1966, art. 1, §81(b) 1976/83, art. 1, §82(b) Ord. 59-055

Nothing contained in this subtitle shall be construed to affect adversely the validity of any acquisition of property heretofore made, or to affect any pending or future acquisition of property by or on behalf of the Mayor and City Council of Baltimore, except as specifically provided in this subtitle. City Code, 1966, art. 1, §81(c) 1976/83, art. 1, §82(c) Ord. 59-055

When an ordinance is introduced into the City Council for the condemnation of any property, the department, bureau, or agency by which the property would be used shall file with the Department of Transportation a complete list of all properties in the area proposed to be condemned. City Code, 1966, art. 1, §44(1st sen.) 1976/83, art. 1, §46(1st sen.) Ord. 56-645 Ord. 75-946 Ord. 76-022 Ord. 09-217 Ord. 15-435

The Department of Transportation shall promptly notify the owners of the properties in the area, as shown on the records kept by the Department under <cite data-doc="City of Baltimore, Md., Charter" data-path="VII|§116|(j)">City Charter Article VII, § 116(j)</cite>, of the ordinance’s introduction. The notice to property owners shall be mailed to the address shown for property owners in the assessment records, by ordinary United States mail, and no proof of delivery is necessary. The notice shall include:the number of the ordinance; the name or general description of the project for which the property is condemned; and the place at which plats or other descriptive material may be seen. Also, the notice either shall:give the date, time, and place for the public hearing to be held on the ordinance by the City Council or 1 of its committees; or indicate the place or person from which or whom this information may be obtained. City Code, 1966, art. 1, §44(2nd - 5th sens.) 1976/83, art. 1, §46(2nd - 5th sens.) Ord. 56-645 Ord. 75-946 Ord. 76-022 Ord. 09-217 Ord. 15-435

Such a hearing shall not be scheduled by the City Council or its committees within a shorter period than 1 week following the time the said property owners should ordinarily have received the mailed notice of the introduction of the ordinance. City Code, 1966, art. 1, §44(6th sen.) 1976/83, art. 1, §46(6th sen.) Ord. 56-645

Where the City is required by law or contract to subject real property to an appraisal, that appraisal shall be performed by a real estate appraiser who is certified or licensed under the provisions of <cite data-doc="Md. Code" data-path="gbo">Title 16 – “Real Estate Appraisers” of the Business Occupations and Professions Article of the Annotated Code of Maryland</cite>. The provisions of this section shall not apply to appraisals conducted or ordered on or before the date of enactment of this section. City Code, 1976/83, art. 1, §240 Ord. 92-149

The following terms shall have the meanings indicated unless their context clearly indicates otherwise. “City property” means any property or part thereof owned by the Mayor and City Council of Baltimore or by any municipal agency and includes any property leased by the Mayor and City Council of Baltimore or any municipal agency for a term longer than 7 years. “Municipal agency” shall include:all departments, bureaus, boards, commissions, offices, or trustees; and persons not embraced in a department who exercise authority comparable to that of heads of departments or bureaus. City Code, 1976/83, art. 1, §229(a) Ord. 89-268

City property shall be named or renamed by an ordinance of the Mayor and City Council. When legislation is introduced into the City Council to name or rename City property, the legislation shall be referred to:the Planning Commission; the municipal agency that has or will have control over the City property; the Department of Real Estate; and any other agency that may have an interest in naming the City property. Within 30 days after referral, the Planning Commission and the municipal agency in control of the City property shall submit reports. If the reports are not received within the 30-day time period, the City Council may act on the legislation. City Code, 1976/83, art. 1, §229(b), (c) Ord. 89-268

On or before July 1, 1989, all municipal agencies shall submit to the Planning Commission an inventory of all named and unnamed City property under their control. On or before September 1, 1989, the Planning Commission shall submit a consolidated inventory of all named and unnamed City property to the Mayor and City Council. A copy of the report shall be filed with the Department of Legislative Reference. City Code, 1976/83, art. 1, §229(d) Ord. 89-268

This subtitle shall not apply to the naming of streets as provided in <cite data-path="|26">Article 26</cite>, Subtitle 7 of the City Code. City Code, 1976/83, art. 1, §229(e) Ord. 89-268

In this subtitle, the following terms have the meanings indicated. “City structure” means, except as provided in paragraph (2) of this subsection, any building or other structural improvement to real property that:is owned by the Mayor and City Council of Baltimore; and has been or is being used for a municipal function or public purpose, including offices, work places, schools, fire stations, police stations, monuments, recreation facilities, neighborhood centers, and the like. “City structure” does not include:any subsurface infrastructure or its appurtenances; any operational facility not routinely open to the public; or any structure (other than a building), to the extent that the structure:is located on, over, or under a street, alley, or other public way or land; and is designed, constructed, controlled, and maintained by and under the authority and supervision of the Director of Public Works, the Director of General Services, the Executive Director of the Parking Authority of Baltimore City, or the Director of Transportation, whichever has jurisdiction, or an authorized representative of the applicable Director. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle “person” also includes a governmental entity or an instrumentality or unit of a governmental entity. Ord. 16-451 Ord. 22-125 The application of the definition in paragraph (b)(2) to school buildings has subsequently been limited by Chapter 607, Acts of 2016. Among other things, Chapter 607 amended State Economic Development Article § 10-645 to add new subsection (m), as follows Notwithstanding any other provision of law, a demolition or partial demolition of a school building under the Baltimore City Public Schools’ 10–Year Plan shall be exempt from any required notice to the Baltimore City Council or the President of the Baltimore City Council.

This subtitle does not apply to a City structure for which the Building Official or his or her designee has certified in writing that its demolition is an emergency measure necessary to protect life, health, safety, or property from imminent danger. Ord. 16-451

No City agency, official, employee, or contractor, nor any other person may undertake, approve, or allow the demolition, in whole or substantial part, of any City structure unless the agency proposing the action first submits to the President of the City Council, for publication in the Council Journal, a notice describing the structure and proposed action. If, within 30 days of the notice’s publication in the Journal, the President has received no objection to the proposal from any Councilmember:the President shall so notify the agency that submitted the notice; and without need for further action by the City Council, the agency may proceed with the proposed demolition. If a timely objection is received from a Councilmember:the President shall so notify the agency that submitted the notice; and the demolition may not proceed unless:expressly authorized by an Ordinance of the Mayor and City Council; or the structure remains unoccupied for 3 years or more following the publication of notice under subsection (a) of this section. Ord. 16-451 See Note to <cite data-path="|5|§20A-1|(b)">§ 20A-1(b) of this subtitle</cite> for this section’s limited application to school buildings.

On introduction of any proposed ordinance to authorize the demolition of a City structure, the City Council shall refer the bill to the following for their written reports and recommendations:the Planning Department; the agency or public official that has or will have control over the City structure; and any other agency that the Council President designates. The City Council may not place the bill on the Council’s second reading calendar until the Planning Department and the agency or official in control of the City structure:submit their reports and recommendations to the Council; or fail to do so within 30 days of the referral. Ord. 16-451

Public art has enabled people in all societies to understand better their communities and individual lives. The City of Baltimore, named the “Monumental City” over 175 years ago, wishes to expand public experience with visual art by creating a public artwork program that:encourages the direct commission of artwork for municipally supported projects; and engages the individual and collective imagination of artists who create artwork for public places. To that end, it is intended that:the public artwork program encompass the broadest possible range and variety of expression, media, and materials; and selections of artists and artwork reflect a standard of excellence and the cultural and ethnic diversity of the City. Ord. 07-489

In this subtitle, the following terms have the meanings indicated. “Artwork allocation” means the amount required by <cite data-path="|5|§21-16">§ 21-16 of this subtitle</cite> to be allocated to artwork. “Artwork” means works of art that are:produced by professional visual artists; and affixed to, made a functional part of, or sited in, on, or near a public work. “Bid” means a response to:an invitation to bid; or a request for proposals. “Commission” means the Public Art Commission . “Construction costs” means, except as otherwise provided in this subsection, the total appropriation for a construction project. “Construction costs” includes:demolition costs; and equipment costs. “Construction costs” does not include:real property acquisition costs; soil remediation costs; or architectural or engineering fees. “Construction project” or “project” means, except as otherwise provided in this subsection, any capital improvement project that:involves the construction, reconstruction, or renovation of all or part of any publicly-owned property in the City, including any building, parking facility, park, utility, bridge, street, highway, footway, bikeway, or other structure or public work; exceeds $100,000 in construction costs; is required by law to be publicly bid; and is to be paid for wholly or in part by the City. “Eligible funds” means any funds that are available for construction costs and are not precluded by restrictions on the source of funding for the project, including limitations on the use of City bond funds, state or federal grants or loans, or donations, from being used for artwork. “Maintenance of artwork” means the maintenance, preservation, and conservation of, including curatorial services for, artwork owned by the City, whether created under this subtitle or otherwise obtained. Ord. 07-489 Ord. 22-125

There is a Public Art Commission . Ord. 07-489

The Commission consists of 9 members, as follows:8 appointed by the Mayor and approved by the City Council under <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>; and 1 appointed by the President of the City Council. Of the members appointed by the Mayor:1 must be a professional visual artist; 1 must be a curator or art historian from an established Baltimore arts or educational institution; 1 must be a licensed architect; 1 must be a licensed engineer; and 4 must be persons chosen from related disciplines, such as landscape architects, design professionals, urban planners, conservators, art educators, art administrators, and citizens interested in civic improvement. All members must reside or work in the City. Ord. 07-489

The members of the Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. The Commission and its programs shall be staffed by the Baltimore Office of Promotion & The Arts. Ord. 07-489 Ord. 16-503

The Commission shall: administer the public artwork program established by this subtitle; generally promote and encourage public art in the City of Baltimore; and work cooperatively with state and federal offices to encourage public art. Ord. 07-489

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission shall adopt rules and regulations to carry out this subtitle. The Commission’s rules and regulations shall include procedures and guidelines for:determining whether and to what extent artwork is appropriate for a particular construction project;. selecting artists and artwork for a particular project; submitting artwork proposals to the Commission for approval; and allocating eligible funds for:the creation of new artwork; the maintenance of existing artwork; and the performance of the Commission’s other functions and duties under this subtitle. Ord. 07-489 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Each of the following agencies shall designate an agency liaison to the Commission:Baltimore Development Corporation. Parking Authority. Planning Department. Public Works Department. Recreation and Parks Department. Transportation Department. General Services Department. Each agency liaison shall meet periodically with the Commission staff to review the agency’s ongoing and proposed construction projects. Ord. 07-489 Ord. 15-435

Except as provided in subsection (b) of this section, at least 1% of all eligible funds for a construction project shall be allocated for:artwork for that project; or other public art uses as authorized by this subtitle. For water or wastewater utility projects, the Commission shall determine, on a case-by-case basis after consultation with the Department of Public works, whether and to what extent eligible funds for that project may be allocated for artwork or other public art uses. If the Commission and the Department of Public Works disagree as to whether or to what extent eligible funds may be allocated, the Director of Public Works makes the final decision. Ord. 07-489

In applying for grants or other funding for a construction project, a City agency shall request that: to the fullest extent practicable, the grant or other funding be in the form of “eligible funds; and the grant or other funding include an additional 1% of those eligible funds for artwork. Ord. 07-489

Each City agency shall consult with the Commission on the application of this subtitle to any construction project being proposed by that agency. This consultation shall occur:as early as possible in the design stage; and in any event, before the project is advertised for bid. Based on the consultation, the Commission shall determine within 90 days:the aggregate amount of the artwork allocation required by <cite data-path="|5|§21-16">§ 21-16 of this subtitle</cite>; and at least preliminarily, the extent to which all or part of that aggregate amount can and should be used for:artwork for that project; or other public art uses as authorized by this subtitle. Ord. 07-489

The contract specifications in the invitation to bid or request for proposals shall incorporate: the requirements of this subtitle; and the Commission’s determinations under § 21-18(b)(1) and (2) of this subtitle. Ord. 07-489

On the award of a contract for the project, the contracting agency shall notify the Department of Finance that the aggregate amount of the artwork allocation, as determined under <cite data-path="|5|§21-18|(b)">§ 21-18(b) of this subtitle</cite>, shall be transferred as it become available to a capital account to be used for purposes of this subtitle. Ord. 07-489

This Part IV applies to the extent that some or all of an artwork allocation is used for artwork for the project that generated the allocation. Ord. 07-489

As soon as practicable, the Commission shall consult with the contracting agency about artist and site selection. The Commission then shall:identify, approve, and engage an appropriate artist or artists through an RFQ or RFP process; and determine an appropriate site for the artwork. The artist shall prepare a proposal and submit it to the Commission for its review and approval. Ord. 07-489

The Commission shall review the proposal in an open session at which the public is invited to attend and comment. The Commission may:preliminarily approve the proposal, subject to modifications; finally approve the proposal as submitted or as later modified; disapprove the proposal, with or without prejudice to submit a new proposal; or take any other action it considers necessary or appropriate under the circumstances. Ord. 07-489

On approval of an artwork proposal, the Commission shall authorize payments to the artist for the cost for the artwork, and to provide other necessary services, as approved and contracted for by the Commission. The balance, if any, of the artwork allocation from that project shall be retained for other public art uses as authorized by this subtitle. If the Commission disapproves a proposal and determines not to consider any new one for the project, the full remaining amount of the artwork allocation from that project shall be retained for other public art uses as authorized by this subtitle. Ord. 07-489

The Commission is responsible for determining the use of all eligible funds. Ord. 07-489

In making its determinations, the Commission shall be guided by the following priorities: first, to provide artwork for the project that generates an artwork allocation; second, to provide support for:new artwork for other public works; and the maintenance of existing artwork; and third, to provide support for the Commission’s other functions and duties under this subtitle. Ord. 07-489

The uses to which eligible funds may be used include, but are not restricted to: the selection, acquisition, commissioning, fabrication, placement, installation, display, and maintenance of artwork; the development of design concepts and models; artist design services; administrative services for staffing the Commission and its programs; other professional services; publications and other educational activities; dedications, plaques, and labels; and support for the Commission’s other functions and duties under this subtitle. Ord. 07-489

Hereafter, in all cases where any bond shall be taken from any contractor for the execution of any work to be done under and by virtue of any ordinance or resolution of the Mayor and City Council, or by any authority thereof, there shall be inserted in said bond, and as one of the conditions thereof, an express stipulation on the part of such contractor that he will defend, indemnify, and save harmless the Mayor and City Council of Baltimore against any suit or suits, loss, damage, or expense, to which the said Mayor and City Council of Baltimore may be subjected by reason of any default or negligence, want of skill, or care on the part of such contractor, his agent or employees, or of any subcontractor, in or about the performance and execution of said work. City Code, 1893, art. 1, §59 1927, art. 1, §76 1950, art. 1, §13 1966, art. 1, §15 1976/83, art. 1, §18 Ord. 1879-052

Pursuant to the provisions of <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(h)">Article VI, § 11(h) of the City Charter</cite>, a bidder on a contract for any public work or the purchase of any supplies, materials, equipment, or services for the City or by any municipal agency is required to post a bid bond if the bid is more than $100,000. City Code, 1976/83, art. 1, §18A(1st par.) Ord. 89-349

A contractor on a contract for any public work or the purchase of any supplies, materials, equipment, or services for the City or by any municipal agency is required to post a performance bond if the contract is for more than $100,000. City Code, 1976/83, art. 1, §18A(2nd par.) Ord. 89-349

When a sole source contract between the City of Baltimore and a vendor to provide instructional, supervisory, or administrative services to the Board of School Commissioners is renegotiated, the vendor shall post an irrevocable letter of credit if the contract is for more than $100,000. City Code, 1976/83, art. 1, §18B Ord. 95-559

The term “apprentice” as used in this subtitle means a person at least 16 years of age who has entered into a written agreement with an employer or his agent, an association of employers, or an organization of employers, or a joint committee representing both, and which shall state the trade, craft, or occupation which the apprentice is to be taught, and the time at which the apprenticeship will begin and end. All such apprenticeship agreements shall be approved by the Maryland Apprenticeship and Training Council, and certification of such approval shall be furnished to the Wage Commission. “Contractor”, as used herein, shall mean the person, firm or corporation awarded a City contract or engaged in a project receiving funds from tax increment financing in excess of $10,000,000. “Subcontractor”, as used herein, shall mean any person, firm or corporation, other than the contractor, performing any work upon the site of the project, whether subcontractor or lower tier contractor. City Code, 1966, art. 1, §1(c) 1976/83, art. 1, §19(parts) Ord. 59-1960 Ord. 67-969 Ord.73-348 Ord. 19-226

This subtitle applies to each and every contract in excess of $5,000 made by the Board of Estimates (hereinafter referred to as “the City”), or on its behalf, with any person, firm or corporation for the construction, reconstruction, erection, conversion, installation, alteration, repair, maintenance, renovation, razing, demolition, moving, removing, grading, paving, repaving, curbing, filling, excavation, or any other operation or work to be done or performed in, on, upon, or in connection with any building, bridge, viaduct, tunnel, tower, stack, or other structure, airport, land, highway, pier, wharf, sewer, drain, main, conduit, machinery, or mechanical, electrical, or other equipment. This subtitle applies to each and every project approved by the Mayor and City Council on or after January 1, 2019, receiving funds from tax increment financing in excess of $10,000,000 in the aggregate to the extent those funds are used in whole or in part for the construction, reconstruction, erection, conversion, installation, alteration, repair, maintenance, renovation, razing, demolition, moving, removing, grading, paving, repaving, curbing, filling, excavation, or any other operation or work to be done or performed in, on, upon, or in connection with any building, bridge, viaduct, tunnel, tower, stack, or other structure, airport, land, highway, pier, wharf, sewer, drain, main, conduit, machinery, or mechanical, electrical, or other equipment. City Code, 1950, art. 1, §14(intro par.) 1966, art. 1, §16(a) 1976/83, art. 1, §19(intro) Ord. 45-225 Ord. 59-1960 Ord. 67-969 Ord. 73-348 Ord. 89-309 Ord. 19-226

8 hours shall constitute a regular work day for every laborer, mechanic, and apprentice working directly upon the site of the work for any contractor or subcontractor engaged in the performance of the contract. All hours worked on Saturdays, Sundays and all hours worked in excess of 8 hours per day on Monday through Friday and all hours worked on such legal holidays as shall be designated by the Board of Estimates as overtime holidays constitute overtime hours. City Code, 1950, art. 1, §14(a), (b) 1966, art. 1, §16(b),(c) 1976/83, art. 1, §19(a) Ord. 45-225 Ord. 59-1960 Ord. 67-969 Ord. 73-348

Every such laborer, mechanic, and apprentice shall be properly classified according to his trade and skill into a classification specifically set forth in the contract, which classification has been established by the Board of Estimates as provided herein. City Code, 1976/83, art. 1, §19(b) Ord. 67-969 Ord. 73-348

Every mechanic, laborer, and apprentice shall be paid not less often than once a week, and without subsequent deduction or rebate on any account (except payroll deductions as are directed or permitted by law, by a collective bargaining agreement, or by specific written authorization from an employee), the full amount due at the time of payment computed at wage rates not less than the prevailing hourly wage rate established by the Board of Estimates and set forth in the contract. No hourly employee, other than an apprentice, working directly upon the site of the work, may be paid less than the amount established for the lowest classification on the project. A copy of the prevailing hourly wage rates shall be kept posted by the contractor at the site of the work in a prominent place where it can be easily seen and read by the workers. If a copy of the prevailing hourly wage rates is not posted, the contractor shall forfeit and pay to the City a penalty in the amount of $20 per day for each day on which the copy is not posted. Each day’s violation constitutes a separate offense. City Code, 1950, art. 1, §14(d) 1966, art. 1, §16(e) 1976/83, art. 1, §19(c)(1) Ord. 45-225 Ord. 59-1960 Ord. 67-969 Ord. 73-348 Ord. 89-309 Ord. 08-085

The contractor and every subcontractor shall pay every such laborer, mechanic, or apprentice compensation at the overtime rates established by the Board of Estimates, which shall not be less than 1½ times the regular hourly rate of pay, for all hours worked in excess of 8 hours in any work day, on a Saturday, Sunday or a legal holiday designated as an overtime holiday by the Board of Estimates. No overtime hours, however, shall be compensated for more than once and overtime shall be paid only on the regular hourly rate of pay and not on the fringe benefits or their cash equivalents, provided for in <cite data-path="|5|§25-17">§ 25-17 of this subtitle</cite>. City Code, 1950, art. 1, §14(b) 1966, art. 1, §16(d) 1976/83, art. 1, §19(c)(2) Ord. 45-225 Ord. 59-1960 Ord. 67-969 Ord. 73-348 Ord. 08-085

In the event that any such laborer, mechanic, or apprentice shall be paid less than the compensation to which he shall be entitled hereunder, the contractor shall make restitution to such affected employee for the amount due, and shall forfeit and pay to the City a penalty in the amount of $50 per day for each employee so underpaid. Provided, however, that no penalty shall be assessed for wage violations to any individual which amount to a total of less than $1 in any payroll period. Each day’s violation shall constitute a separate offense. City Code, 1950, art. 1, §14(g) 1966, art. 1, §16(h) 1976/83, art. 1, §19(c)(3) Ord. 45-225 Ord. 59-1960 Ord. 67-969 Ord. 73-348 Ord. 89-309 Ord. 08-085

Any laborer, mechanic, or apprentice may within 1 year from the date of the incident file a protest in writing with the Wage Commission, objecting to the amount of wages paid for services performed by him on a public project as being less than the prevailing wages for such services. It is unlawful for any contractor or subcontractor to discharge, reduce the compensation of, or otherwise discriminate against any laborer, mechanic, or apprentice for making a complaint to the Wage Commission, participating in any of its proceedings, or availing himself or herself of any civil remedies. In such a case, the Wage Commission may, pursuant to similar procedures as provided in <cite data-path="|11">Article 11</cite>, Subtitle 1 of the Baltimore City Code, as amended, order appropriate restitution or the reinstatement of such employee with backpay to the date of violation. City Code, 1976/83, art. 1, §19(c)(4) Ord. 73-348 Ord. 04-672 Ord. 08-085

The contractor and each of his subcontractors shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve them for a period of 3 years thereafter for all laborers, mechanics, and apprentices working directly upon the site of the work. These records shall contain:the name and address of each such employee; his classification in accordance with the classifications fixed in the contract; a designation of laborer, mechanic, or apprentice; the number of hours worked each day; the hourly wage rate; the gross wages, deductions made, and actual wages paid; a copy of the Social Security returns and evidence of payment thereof; a record of fringe benefit payments including contributions to approved plans, funds, or programs and/or additional cash payments; and such other data as may be required by the Board of Estimates from time to time. City Code, 1950, art. 1, §14(e) 1966, art. 1, §16(f)(1st sen.) 1976/83, art. 1, §19(d)(1) Ord. 45-225 Ord. 59-1960 Ord. 67-969 Ord. 73-348 Ord. 04-672

The contractor shall submit 2 complete copies of his weekly project payrolls and the weekly project payrolls of each of his subcontractors, consecutively numbered, not later than 14 days from the end of their respective payroll periods, 1 copy to be sent to the contracting agency, the other to the Wage Commission where the same will be available for public inspection during regular business hours. The weekly project payrolls shall contain:the name of the prime contractor and the subcontractor, if any; a designation of the project and location; the name, Social Security Number, and occupation of each employee; his classification in accordance with the classifications fixed in the contract; a designation of laborer, mechanic, or apprentice; the number of hours worked daily by said employee at straight time and at overtime and his hourly wage rate for each; the gross wages paid to said employee per week; and such other data as may be required by the Board of Estimates from time to time. The prime contractor shall be responsible for the submission of all subcontractors’ payrolls covering work performed directly at the work site. Each copy of the payroll shall be accompanied by a statement signed by the contractor or the subcontractor, as the case may be, indicating:that the payroll is correct; that the wage rates contained therein are not less than those established by the Board of Estimates as set forth in the contract; that the classification set forth for each laborer, mechanic, or apprentice conforms with the work he performed; and that the contractor and the subcontractor, as the case may be, has complied with the provisions of this subtitle. City Code, 1966, art. 1, §16(f)(2nd sen.) 1976/83, art. 1, §19(d)(2) Ord. 59-1960 Ord. 67-969 Ord. 73-348

If the contractor is delinquent in submitting his or any of his subcontractors’ payrolls, processing of partial payment estimates may be held in abeyance pending receipt of the payrolls. In addition, if the contractor is delinquent in submitting any payroll, the contractor shall forfeit and pay to the City a penalty of $10 for each calendar day that the weekly payroll is late. City Code, 1966, art. 1, §16(h) 1976/83, art. 1, §19(d)(3) Ord. 59-1960 Ord. 67-969 Ord. 73-348 Ord. 08-084

On any project which is operating under a contract pursuant to the provisions of this subtitle, only competent mechanics and their apprentices of the trades, crafts, and occupations involved shall be employed by the contractor and his subcontractors on the project, provided that for each such project, the ratio of mechanics to apprentices for each trade craft or occupation shall be as established by the Maryland Apprenticeship and Training Council in connection with an approved apprenticeship program. Provided, that whenever an apprentice is employed on any project which is operating under a contract pursuant to the provisions of this subtitle, the Wage Commission shall be notified of such employment. Nothing in this subtitle prevents the employment of laborers to perform work not ordinarily performed by a skilled mechanic or his or her apprentice of the trade, craft, or may perform work ordinarily performed by a skilled mechanic or apprentice of the trade, craft, or occupation. Where a laborer performs the work ordinarily performed by any skilled mechanic or his or her apprentice, she or he shall be paid for the entire time she or he has performed that work at the prevailing hourly wage rate applicable to a skilled mechanic; and in the event of underpayment, restitution shall be made by the contractor to the employee and in addition, the contractor shall be subject to a penalty as set forth in this section. If the contractor or subcontractor utilizes more apprentices than permitted under the ratio established under the provisions of this subtitle, the contractor shall forfeit and pay to the City a penalty in the amount of $20 per day per employee for each violation. Each day’s violation shall constitute a separate offense. If the contractor or subcontractor pays an employee a laborer’s wage rate when the employee is performing work ordinarily performed by a skilled mechanic or a skilled mechanic’s apprentice, the contractor shall forfeit and pay to the City a penalty in the amount of $50 per day per employee for each violation. Each day’s violation shall constitute a separate offense. City Code, 1966, art. 1, §1(a), (b) 1976/83, art. 1, §19(e) Ord. 59-1960 Ord. 67-969 Ord. 73-348 Ord. 89-309 Ord. 08-085

The City may withhold or cause to be withheld from the contractor so much of the accrued payments as may be considered necessary:to pay such laborers, mechanics, and apprentices employed by the contractor or any subcontractor the full amount of wages required by the provisions of this subtitle; and to satisfy any liability of any contractor or subcontractor for any penalties as provided herein. The City may also withhold payments from any contractor who has failed to post and keep posted a copy of the regular hourly rates as required herein, until such default shall have been corrected. City Code, 1976/83, art. 1, §19(f) Ord. 67-969 Ord. 73-348

It shall be the responsibility of the contracting agency to promptly examine all weekly project payrolls submitted by contractors and subcontractors working upon the job site for compliance with the provisions of this subtitle and the regulations promulgated in pursuance thereof and to report any irregularities to the Wage Commission. The Wage Commission shall cause investigations to be made as may be necessary to determine whether there has been compliance with the provisions of this subtitle and the regulations promulgated thereunder, and contained in the contract. The contractor and subcontractors shall permit representatives of the City to observe work being performed upon the work site, to interview employees, and to examine the books and records relating to the payrolls on the project being investigated to determine the correctness of classifications, ratios or apprentices to mechanics and any payment of proper regular and overtime rates as required. Complaints of alleged violations shall be investigated promptly and statements, written or oral, made by an employee shall be treated as confidential and shall not be disclosed to his employer without the consent of the employee. If necessary for the enforcement of this subtitle, the Wage Commission may issue subpoenas, compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records necessary for hearings, investigations, and proceedings. Any such subpoena shall be served by the Sheriff of Baltimore City or any of his deputies. In case of disobedience to a subpoena, the Wage Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. Said court, in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses or the production of such books, papers, records and documents, as the case may be, is relevant or necessary for such hearings, investigations or proceedings of the Wage Commission, may issue an order requiring the attendance or testimony of such witnesses or the production of such books, papers, records and documents, and any failure to obey such order of court may be punishable by the court as contempt thereof. City Code, 1976/83, art. 1, §19(g)(1), (2) Ord. 67-969 Ord. 73-348

If the Board of Estimates, upon recommendation from the Wage Commission after notice and hearing, determines that any contractor or subcontractor has failed to pay the prevailing wage rate or has otherwise violated the provisions of this subtitle and that the failure was intentional, no contract may be awarded to that contractor or subcontractor, or to any firm, corporation or partnership in which that contractor or subcontractor has an interest until 1 year has elapsed from the date of the determination. And provided, further, that any such intentional violation of the provisions of this subtitle shall be a misdemeanor, punishable upon conviction by a fine of not more than $500. Proceedings before the Wage Commission shall not be considered a precondition to criminal prosecution under this subtitle. City Code, 1950, art. 1, §14(g) 1966, art. 1, §16(h) 1976/83, art. 1, §19(g)(3) Ord. 45-225 Ord. 59-1960 Ord. 67-969 Ord. 73-348 Ord. 08-085

The Board of Estimates may adopt, establish, repeal, modify, change, or amend, from time to time, schedules of prevailing hourly wage rates to be paid to all classes of laborers, mechanics, or apprentices directly employed by any contractor or any subcontractor on the site in any of the various types of work or projects mentioned in or contemplated by this subtitle. These schedules of prevailing hourly wage rates shall be reviewed and revised by the Board of Estimates at least once every year to conform to the area prevailing hourly wage rates. The revision may be based on recommendations by the prevailing wage section of the Wage Commission. The schedules of prevailing hourly wage rates, including overtime rates for all hours worked on Saturdays and Sundays, and all hours worked in excess of 8 hours per day on Monday through Friday, and all hours worked on legal holidays designated as overtime holidays by the Board of Estimates may not be less in amount than the general prevailing hourly wage rates being paid to laborers, mechanics, and apprentices for doing work of a similar character in the locality in which the project is located. These general prevailing hourly wage rates shall be determined by the Board of Estimates whose decision in the matter is final. Nothing in this Ordinance limits or restricts in any way the power and authority of the Board of Estimates to classify the type of work to be done for the Mayor and City Council of Baltimore and to establish schedules of prevailing hourly wage rates for these classifications. City Code, 1950, art. 1, §15 1966, art. 1, §18 1976/83, art. 1, §20 Ord. 45-225 Ord. 59-1960 Ord. 67-969 Ord. 73-348 Ord. 08-085

In this subtitle,“prevailing hourly wage rate(s)” includes:the regular hourly rate of pay; and the amount of:the rate of contribution irrevocably made by a contractor, subcontractor, or third person pursuant to a fund, plan, or program that provides for medical or hospital care, pensions on retirement or death, compensation for time lost from work due to injuries or illness, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of these, for unemployment benefits, life insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by federal, state, or local law to provide any of these benefits; and the rate of costs to the contractor or subcontractor that may be incurred in providing the fringe benefits specified in subparagraph (A) to laborers, mechanics, and apprentices pursuant to an enforceable commitment to carry out a financially responsible plan or program that is communicated to the laborers, mechanics, and apprentices affected. The amount referred to in paragraph (1)(ii)(A) shall be determined by the Board of Estimates on the basis of those fringe benefits found to be generally prevailing for laborers, mechanics, and apprentices doing work of a similar character in the locality in which the project is located. The decision of the Board of Estimates is final. The obligation of a contractor or subcontractor to make payment in accordance with the schedules of prevailing hourly wage rates established by the Board of Estimates and fixed in contracts under this subtitle may be discharged by making payments in cash, by making contributions of any type referred to in subsection (a)(1)(ii)(A), or by assuming a plan or program of a type referred to in subsection (a)(1)(ii)(B), or any combination of these, where the aggregate of the payments, contributions, and costs is not less than the rate of pay described in subsection (a)(1)(i) plus the amount referred to in subsection (a)(1)(ii). City Code, 1976/83, art. 1, §21 Ord. 67-969 Ord. 73-348 Ord. 08-085

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board of Estimates is hereby authorized and empowered to make any and all rules and regulations that, from time to time, may be necessary to effectuate the purpose of this subtitle, including, but not limited to, the authority to make a final determination as to the amount of restitution and the amount of liquidated damages to be assessed for violations of the provisions of this subtitle. In no event shall such determination of restitution preclude an employee from instituting suit to recover any underpayments due him. City Code, 1950, art. 1, §16 1966, art. 1, §19 1976/83, art. 1, §22 Ord. 45-225 Ord. 67-969 Ord. 73-348 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (a) to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

In case of any conflict between any provision of this subtitle or any minimum wage rate or any rule or regulation established or adopted by the Board of Estimates under the authority of this subtitle, and any provision of, or minimum wage rate or rule or regulation established by, contained or provided in, or contemplated by, any agreement, and any papers forming a part thereof, between the Mayor and City Council of Baltimore and the federal government, or any agency thereof, then the provision or minimum wage rate or rule or regulation of such agreement shall control. In the event that the provisions of the Federal Davis-Bacon Act are suspended as authorized by § 6 of said Act then the Board of Estimates, during the period of such suspension of the Davis-Bacon Act, may suspend the application of the provisions of this subtitle with respect to any project upon which the United States Secretary of Labor would have been required to make a prevailing wage determination under said Davis-Bacon Act. Provided that if only a portion of a particular project requires a prevailing wage determination by the United States Secretary of Labor, the Board of Estimates may suspend the application of the provisions of this subtitle with respect to that portion only or with respect to the entire particular project in its discretion. Provided, however, that nothing herein contained shall be deemed to affect in any manner the provisions of this subtitle as they apply to non-federally funded projects. City Code, 1950, art. 1, §17 1966, art. 1, §20 1976/83, art. 1, §23 Ord. 45-225 Ord. 71-1020

Nothing contained herein shall in any manner affect or apply to any existing contract to which the Mayor and City Council of Baltimore is a party or to any contract that the Mayor and City Council of Baltimore may enter into pursuant to invitations for bids issued by the municipality prior to October 1, 1945. City Code, 1950, art. 1, §18 1966, art. 1, §21 1976/83, art. 1, §24 Ord. 45-225

Any and all laws or ordinances and any and all parts of any and all laws or ordinances in force in the City of Baltimore inconsistent with the provisions of this subtitle are hereby repealed to the extent of any such inconsistency. City Code, 1950, art. 1, §19 1966, art. 1, §22 1976/83, art. 1, §25 Ord. 45-225

The repeal by this subtitle of any provision of law shall not revive any law heretofore repealed or superseded, nor shall any such repeal affect any act done, liability incurred, or any right accrued or vested, or affect, or abate, or prevent any right or penalty or punishment of any offense under the authority of such repealed laws. City Code, 1950, art. 1, §21 1966, art. 1, §24 1976/83, art. 1, §27 Ord. 45-225

In this subtitle, the following terms have the meanings indicated unless the context clearly requires a different meaning. “Index” means the most recent available figure stated in the publication “Poverty in the United States”, published by the Bureau of the Census and updated on an annual basis, which defines the national poverty level for a family of 4. “Living hourly wage rate” means the rate established by the Board of Estimates under the formula set forth in <cite data-path="|5|§26-16">§ 26-16 of this subtitle</cite>, as the minimum hourly wage rate that must be paid a worker employed by a service contractor. “Service contract” means a contract designated by the Board of Estimates on the recommendation of the City Purchasing Agent as a service contract that is awarded to a service contractor. “Service contractor” means the person awarded a City service contract and includes all subcontractors of that person. “Service worker” means any non-professional employee of a service contractor, as defined by the Board of Estimates. City Code, 1976/83, art. 1, §26A(a) Ord. 94-442 Ord. 04-672 Ord. 08-085

The provisions of this subtitle shall apply exclusively to service contracts and shall not be construed to conflict with Subtitle 25 of <cite data-path="|5">this article</cite> on Construction Contracts or any provisions on construction contracts as provided in this subtitle. City Code, 1976/83, art. 1, §26A(k) Ord. 94-442

8 hours shall constitute a regular work day for every individual working directly for any service contractor or subcontractor engaged in the performance of a service contract. City Code, 1976/83, art. 1, §26A(b) Ord. 94-442

Employees of service contractors shall be classified as service workers or non-service workers as specifically set forth in the contract, pursuant to the classification schedule established by the Board of Estimates. City Code, 1976/83, art. 1, §26A(c) Ord. 94-442

Every service worker shall be paid not less often than biweekly, and without subsequent deduction or rebate on any account (except payroll deductions as are directed or permitted by law, by a collective bargaining agreement, or by specific written authorization from an employee), the full amount due at the time of payment computed at wage rates not less than the living hourly wage rate established by the Board of Estimates and set forth in the service contract. A service worker may not be paid less than the amount established by the Board of Estimates for the living hourly wage rate for a service contract. A copy of the living hourly wage rate for the service contract shall be kept posted by the service contractor at the site of the work in a prominent place where it can be easily seen and read by the service workers. At the request of a service worker, a copy shall be given to the service worker within a reasonable period after the request. City Code, 1976/83, art. 1, §26A(d)(1) Ord. 94-442 Ord. 08-085

The service contractor shall pay the service worker compensation at the overtime rates established by the Board of Estimates, which shall not be less than 1½ times the regular hourly rate of pay, for all hours worked in excess of 8 hours in any work day, or 40 hours in any work week. Overtime hours, however, shall not be compensated for more than once and overtime shall be paid only on the regular hourly rate of pay and not on the fringe benefits, other personnel costs, or their cash equivalents. No service contractor shall be deemed to have violated subsection (a) of this section by employing any service worker for a workweek or workday in excess of the applicable workweek or workday specified therein, if:the service worker’s regular rate of pay (hourly rate plus commission) is in excess of one and one-half times the living hourly wage rate established by the Board of Estimates, and more than half the service worker’s compensation for a representative period (not less than one month) represents commissions on goods or services. In determining the proportion of compensation representing commissions, all earnings resulting from the application of a bona fide commission rate shall be deemed commissions on goods or services without regard to whether the computed commissions exceed the draw or guarantee (as those terms are used in the Federal Fair Labor Standards Act). City Code, 1976/83, art. 1, §26A(d)(2) Ord. 94-442 Ord. 08-085 Ord. 11-497

In the event that any service worker is paid less than the compensation to which the service worker is entitled to under this subtitle, the service contractor shall make restitution to the service worker for the amount due, and shall forfeit and pay to the City a penalty in the amount of $50 per day for each employee so underpaid. Provided, however, that the penalty shall not be assessed for wage violations to any individual which amount to a total of less than $1 in any payroll period. Each day’s violation shall constitute a separate offense. On recommendation of the Wage Commission, when a service contractor has paid fines on more than 3 service contracts in a 2-year period, the Board of Estimates may prohibit a service contract vendor from participating in the bid process for up to 3 years. City Code, 1976/83, art. 1, §26A(d)(3), (4) Ord. 94-442

Within 1 year from the date of the incident, any service worker may file a protest in writing with the Wage Commission, objecting to the wages paid for services performed by the service worker on a service contract as being less than the living hourly wage rate for those services. A service contractor shall not discharge, reduce the compensation of, or otherwise discriminate against any service worker for making a complaint to the Wage Commission, participating in any of its proceedings, or using any civil remedies. In such a case, the Wage Commission may, pursuant to similar procedures as provided in <cite data-path="|11">Article 11</cite>, Subtitle 4 of the Baltimore City Code, as amended, order appropriate restitution and the reinstatement of such employee with back pay to the date of violation. City Code, 1976/83, art. 1, §26A(d)(5) Ord. 94-442 Ord. 04-672 Ord. 08-085

The service contractor shall maintain payrolls and basic records relating thereto during the course of the work and shall preserve them for a period of 3 years thereafter for all service workers working directly upon the service contract. The records shall contain:the name and address of each service worker; the service worker’s classification in accordance with the classifications fixed in the contract; the number of hours worked each day; the applicable living hourly wage rate; the gross wages, deductions made, and actual wages paid; a copy of the Social Security returns and evidence of their payment; a record of fringe benefit payments including contributions to approved plans, funds, or programs and any additional cash payments; and any other data that the Board of Estimates requires from time to time. City Code, 1976/83, art. 1, §26A(e)(1) Ord. 94-442 Ord. 04-672 Ord. 08-085

The service contractor shall submit 2 complete copies of the project payrolls and the project payrolls of each subcontractor, consecutively numbered, not later than 14 days from the end of their respective payroll periods, 1 copy to be sent to the contracting agency, the other to the Wage Commission where the same will be available for public inspection during regular business hours. The project payrolls shall contain:the name of the prime service contractor and any subcontractor, if any; a designation of the project and location; the name, Social Security Number, and occupation of each employee; the classification in accordance with the classifications fixed in the contract; the number of hours worked daily by the service worker at straight time and at overtime and the hourly wage rate for each; the gross wages paid to the service worker per pay period; and such other data as may be required by the Board of Estimates from time to time. The prime service contractor shall be responsible for the submission of all subcontractors’ payrolls covering work performed. Each copy of the payroll shall be accompanied by a statement signed by the contractor or the subcontractor, as the case may be, indicating:that the payroll is correct; that the wage rates contained therein are not less than those established by the Board of Estimates as set forth in the contract; that the classification set forth for each service worker conforms with the work that the service worker performed; and that the service contractor has complied with the provisions of this subtitle. City Code, 1976/83, art. 1, §26A(e)(2) Ord. 94-442

If the service contractor is delinquent in submitting any payrolls, processing of partial payment estimates may be held in abeyance pending receipt of the payrolls. In addition, if the contractor is delinquent in submitting any payroll, the contractor shall forfeit and pay to the City a penalty of $10 for each calendar day that the payroll is late. City Code, 1976/83, art. 1, §26A(e)(3) Ord. 94-442 Ord. 08-084

The City may withhold or cause to be withheld from the service contractor so much of the accrued payments as may be considered necessary to:pay the service workers employed by the service contractor the full amount of wages required by the provisions of this subtitle; and satisfy any liability of any contractor for any penalties as provided herein. The City may also withhold payments from any service contractor who has failed to post and keep posted a copy of the living hourly wage rate, as required by this subtitle, until the default has been corrected. City Code, 1976/83, art. 1, §26A(f) Ord. 94-442 Ord. 08-085

It shall be the responsibility of the contracting agency to promptly examine all weekly project payrolls submitted by service contractors working on a service contract for compliance with the provisions of this subtitle and the regulations promulgated in pursuance thereof and to report any irregularities to the Wage Commission. The Wage Commission shall cause investigations to be made as may be necessary to determine whether there has been compliance with the provisions of this subtitle and the regulations promulgated thereunder, and contained in the contract. The service contractor shall permit representatives of the City to observe work being performed upon the work site, to interview service workers, and to examine the books and records relating to the payrolls on the project being investigated to determine the correctness of classifications and any payment of proper regular and overtime rates as required. Complaints of alleged violations shall be investigated promptly and statements, written or oral, made by a service worker shall be treated as confidential and shall not be disclosed to the service contractor without the consent of the service worker. If necessary for the enforcement of this subtitle, the Wage Commission may issue subpoenas, compel the attendance and testimony of witnesses and the production of books, papers, records, and documents relating to payroll records necessary for hearings, investigations, and proceedings. Any such subpoena shall be served by the Sheriff of Baltimore City. In case of disobedience to subpoena, the Wage Commission may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records, and documents. Said court in case of contumacy or refusal to obey any such subpoena, after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses of the production of such books, papers, records, and documents, as the case may be, is relevant or necessary for such hearings, investigations or proceedings of the Wage Commission, may issue an order requiring the attendance or testimony of such witnesses or the production of such order of court may be punishable by the court as contempt thereof. City Code, 1976/83, art. 1, §26A(g)(1), (2) Ord. 94-442

If the Board of Estimates, upon recommendation from the Wage Commission after notice and hearing, determines that any service contractor has failed to pay the living wage rate or has otherwise violated the provisions of this subtitle and that the failure was intentional, no contract may be awarded to that service contractor, or to any person in which that service contractor has an interest until 1 year has elapsed from the date of the determination. And provided, further, that any such intentional violation of the provisions of this subtitle shall be a misdemeanor, punishable upon conviction by a fine of not more than $500. Proceedings before the Wage Commission shall not be considered a precondition to criminal prosecution under this subtitle. City Code, 1976/83, art. 1, §26A(g)(3) Ord. 94-442 Ord. 08-085

The living hourly wage rate shall be as established by Resolution of the Board of Estimates. By December 15 of each year, the Wage Commission shall recommend to the Board of Estimates a revised living hourly wage rate for the next fiscal year. This rate shall be based upon the Index and other factors the Commission is authorized to consider. The ongoing goal is to achieve a rate that exceeds the poverty level, as defined in the Index. City Code, 1976/83, art. 1, §26A(h) Ord. 94-442 Ord. 08-085

As a matter of policy it is a continuing goal to submit bids based on a 40-hour work week for service workers. City Code, 1976/83, art. 1, §26A(i) Ord. 94-442

The Board of Estimates and the Wage Commission shall administer and enforce the provisions of this subtitle in the same manner that the Board of Estimates and the Wage Commission administer and enforce the provisions of Subtitle 25 of <cite data-path="|5">this article</cite> on Construction Contracts. City Code, 1976/83, art. 1, §26A(j) Ord. 94-442

The requirements of this subtitle apply to: construction contracts, including:contracts in excess of $5,000 made by the Board of Estimates, or on its behalf, with any person, firm, or corporation for the construction, reconstruction, erection, conversion, installation, alteration, repair, maintenance, renovation, razing, demolition, moving, removing, grading, paving, repaving, curbing, filling, excavation, or any other operation or work to be done or performed in, on, upon, or in connection with any building, bridge, viaduct, tunnel, tower, stack, or other structure, airport, land, highway, pier, wharf, sewer, drain, main, conduit, machinery, or mechanical, electrical, or other equipment; each and every project approved by the Mayor and City Council on or after January 1, 2021, receiving funds from tax increment financing in excess of $10,000,000 in the aggregate to the extent those funds are used in whole or in part for the construction, reconstruction, erection, conversion, installation, alteration, repair, maintenance, renovation, razing, demolition, moving, removing, grading, paving, repaving, curbing, filling, excavation, or any other operation or work to be done or performed in, on, upon, or in connection with any building, bridge, viaduct, tunnel, tower, stack, or other structure, airport, land, highway, pier, wharf, sewer, drain, main, conduit, machinery, or mechanical, electrical, or other equipment; and service contracts, as defined in <cite data-path="|5|§26-1|(e)">§ 26-1(e) of this article</cite>. Ord. 22-10

The prime contractor must post a sign that states the following: The sign must:be at least 16 by 20 inches in size; contain the text required under subsection (1) of this section in English, Spanish, and any other languages required by the federal Voting Rights Act for voting materials in Baltimore City; and draw attention to the phone and text numbers of the National Human Trafficking Resource Center Hotline by showing the phone and text numbers in bold type. The prime contractor may meet the requirements of this section by creating their own signs using a font size of not less than 30 points for the hotline and text numbers and a font size of not less than 12 points for the body text, or using copies of the signs created and made available online by the United States Department of Homeland Security’s Blue Campaign website. Ord. 22-10

A copy of the labor trafficking sign required by <cite data-path="|5|§26A-2">§ 26A-2 {“Requirements”} of this subtitle</cite> shall be posted by the contractor at the site of the work in a clear and conspicuous place where it can be easily seen and read by the workers. Example areas include break rooms, locker rooms, cafeterias, and other similar locations. Ord. 22-10

A citation under this section may only be issued after the issuance of a written warning and a failure to correct the violation within 30 days of the date of the warning. In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Each day a violation continues is a separate offense. Ord. 22-10

In this subtitle, the following terms have the meanings indicated. “Beneficiary” means any person who:has a contract with the City for more than $300,000; or will benefit from more than $5,000,000 in assistance for a City-subsidized project. “City-subsidized project” means any project for which the City or any of its agents or contractors provides funds, resources, or financial assistance, including:the sale or transfer of land substantially below its appraised value; payment in lieu of taxes; tax increment financing; grants or loans that equal or exceed 15% of total projected project costs; or installation or repair of physical infrastructure directly related to the project and with value equal to or exceeding 5% of total projected project costs. “MOED” means the Mayor’s Office of Employment Development. Ord. 13-142 Ord. 22-125

This subtitle applies to every contract for more than $300,000 made by the City, or on its behalf, with any person. This subtitle applies to every agreement authorizing assistance valued at more than $5,000,000 to a City-subsidized project. Ord. 13-142

Before the disbursement of any City funds, the beneficiary must perform an employment analysis with MOED to determine how many jobs will be required to complete the contract or project and how many of those jobs will require new hiring. Ord. 13-142

All new jobs needed for the contract or project must be posted through MOED for a period of 7 days before being publically advertised. Ord. 13-142

At least 51% of the new jobs required to complete the contract or project must be filled by Baltimore City residents. MOED may waive or lower the requirement of subsection (a) of this section if it finds that:a good faith effort to comply has been made by the beneficiary; the beneficiary is located outside the Baltimore Standard Metropolitan Statistical Area and none of the contract work is performed inside the Baltimore Standard Metropolitan Statistical Area; the beneficiary has entered into a satisfactory special workforce development training or placement arrangement with MOED; or there are insufficient numbers of Baltimore City residents in the labor market who possess the skills required by the new jobs needed to be filled for the contract or project. Ord. 13-142

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, MOED may adopt rules and regulations to carry out this subtitle or to clarify any terms or phrases in this subtitle. Ord. 13-142 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

In this section, the following terms have the meanings indicated. “Economically disadvantaged individual” has the meaning stated in <cite data-doc="Md. Code" data-path="gsf|14-301">State Finance and Procurement Article § 14-301</cite>. “Socially and economically disadvantaged individual” has the meaning stated in <cite data-doc="Md. Code" data-path="gsf|14-301">State Finance and Procurement Article § 14-301</cite>. “Socially disadvantaged individual” has the meaning stated in <cite data-doc="Md. Code" data-path="gsf|14-301">State Finance and Procurement Article § 14-301</cite>. A bidder responding to a solicitation that qualifies them as a “beneficiary” under <cite data-path="|5|§25-1|(b)">§ 25-1(b) of this article</cite> must include in their bid or proposal an initial employment plan outlining the bidder’s strategy to:comply with the local hiring requirements of this subtitle; and hire economically disadvantaged, socially disadvantaged, or economically and socially disadvantaged individuals. The Director of the Department of Finance shall determine whether an initial employment plan submitted under this subsection contains the information required in paragraph (4) of this subsection. The Director of the Department of Finance’s determination that the initial employment plan contains the information required in paragraph (4) of this subsection is worth 10% of the overall score of the bid or proposal. An initial employment plan must include the following:descriptions of the health and retirement benefits provided to employees who will be employed on the project; a description of the bidder’s efforts to provide City residents with ongoing employment and training opportunities after they complete work on the job for which they were initially hired; a detailed description of the bidder’s efforts to hire and retain at least 50% of its total workforce those who constitute economically disadvantaged, socially disadvantaged, and socially and economically disadvantaged individuals; a description of past compliance with all contract requirements detailed in <cite data-path="|5">this article</cite>, including whether the bidder has filed all information required by reporting requirements for recent contracts on time; a strategy, developed in conjunction with MOED staff, to ensure that City residents who work on the project or contract receive ongoing employment and training opportunities after they complete work on the job for which they were initially hired and a review of past practices in continuing to employ City residents from one project or contract to the next; and a strategy, developed in conjunction with MOED staff, to hire graduates of the Baltimore City Public School System, Baltimore City public charter schools, community-based job training providers, and hard-to-employ residents. The winning bidder must submit a revised employment plan that includes the following information to MOED for approval prior to beginning work associated with the relevant government project or contract and within 2 weeks of receiving a notice to proceed from the awarding agency:a timetable outlining the total hours worked by trade over the entire project or contract and an associated hiring schedule; descriptions of the skill requirements by job title or position, including industry-recognized certifications required for the different positions; a strategy to fill the hours required to be worked by City residents pursuant to this subtitle, including informing contractors and subcontractors about these requirements and creating outreach partnerships with the University of Baltimore, Baltimore City Community College, the Mayor’s Office of Employment Development, or other government-approved, community-based job training providers; the designation of a senior official from the general contractor who will be responsible for implementing the hiring and reporting requirements; descriptions of the health and retirement benefits that will be provided to City residents working on the project or contract; the minutes of at least 1 meeting the bidder had with MOED staff during which MOED staff and the bidder worked together to ensure that City residents who work on the project or contract receive ongoing employment and training opportunities after they complete work on the job for which they were initially hired; a review of past practices regarding the bidder’s employment of City residents from one project or contract to the next; and the minutes of at least 1 meeting the bidder had with MOED staff during which MOED staff and the bidder worked together to ensure that the bidder hires graduates of the Baltimore City Public School System, Baltimore City public charter schools, community-based job training providers, and hard-to-employ residents. Throughout the course of the project, the bidder must provide the following information to MOED on a monthly basis:the total number of hours worked on the project or contract by trade; the total number of hours of work by journeymen, by trade, worked over the course of the project or contract and the total number of hours of work by journeymen, by trade, worked by City residents; the total number of hours by apprentices, by trade, worked over the course of the project or contract and the total number of hours by apprentices, by trade, worked by City residents; the total number of hours by skilled laborers, by trade, worked over the course of the project or contract and the total number of hours by skilled laborers, by trade, worked by City residents; the total number of hours by non-skilled laborers worked over the course of the project or contract and the total number of hours of non-skilled laborers worked by City residents; and the total number of hours worked over the course of the project or contract by:employees who constitute economically disadvantaged, socially disadvantaged, or socially and economically disadvantaged individuals; employees who meet the local hiring requirements of this subtitle, which include posting job openings with MOED, having City residents comprise at least 51% of the bidder’s employees, and complying with monthly reporting requirements; and City residents who constitute economically disadvantaged, socially disadvantaged, or socially and economically disadvantaged individuals. MOED must require any beneficiaries of government-assisted projects or contracts under this subtitle that are not awarded through the contracting process to develop and submit to MOED the employment plan required in subsection (c) of this section. Once approved, the employment plan required by subsection (c) of this section may not be amended except with the approval of MOED. Ord. 21-045

In each month of the contract or project the beneficiary must submit a report to MOED, on the form designated by MOED, that includes the following: the number of employees needed for the contract or project; the number of current employees transferred; the number of new job openings created; the number of job openings listed with MOED; the total number of Baltimore City residents hired for the reporting period and the cumulative total number of Baltimore City residents hired; total number of all employees hired for the reporting period and the cumulative total of employees hired; and for each new hire during the reporting period, the new hire’s:name; social security number; job title; hire date; residence; and referral source. Ord. 13-142 Ord. 21-045

If the Board of Estimates, on recommendation from MOED, and after notice and hearing, determines that any beneficiary has violated the provisions of this subtitle and that the failure was intentional, no contract may be awarded to that beneficiary, or to any firm, corporation, or partnership in which that beneficiary has an interest, until 1 year has elapsed from the date of the determination. An intentional violation of any provision of this subtitle is a misdemeanor, and, on conviction, is subject to a fine of not more than $500 for each offense. Ord. 13-142

In this subtitle, the following terms have the meanings indicated unless the context clearly requires a different meaning. “Baltimore City Market Area” means Baltimore City, Baltimore County, Anne Arundel County, Howard County, Harford County, Carroll County, and Queen Anne’s County. “Bid” means a response to:an invitation to bid; or a request for proposals. “Business enterprise” means a corporation, limited liability company, partnership, individual, sole proprietorship, joint stock company, joint venture, professional association, or any other legal entity operated for profit that is properly licensed and otherwise authorized to do business in the State of Maryland. “Chief” means the Chief of the Minority and Women’s Business Opportunity Office. “Construction” means building, altering, repairing, improving, or demolishing any structure, building, street, utility, or other improvement to real property. “Construction” includes:building construction; heavy construction (road construction and bridge construction); and specialty trades construction (e.g., carpentry, electrical, and plumbing). “Contracting agency” means the City agency, department, or authorized representative that issues invitations to bid or requests for proposals. “Contractor” means the person, firm, or legal entity with which the City has entered into an agreement. “Joint venture” means an association between business enterprises that provides for the sharing of economic interest. “Manufacturer” means a business enterprise that:produces goods from raw materials or substantially alters or fabricates them before resale; and assumes the actual and contractual responsibility for providing the materials and supplies. “Office” means the Minority and Women’s Business Opportunity Office. “Purchasing” means the buying, renting, leasing, or otherwise obtaining or acquiring any supplies, materials, equipment, or services. “Sole proprietorship” means a business enterprise that is 100% owned, operated, and controlled by 1 individual. “Subcontractor” means a business enterprise that has a direct contract with a contractor to perform part of the work on a contract. “Supplier” means a business enterprise that:furnishes needed items to a contractor; and either:is involved in the manufacture or distribution of the supplies or materials; or otherwise warehouses and ships the supplies. Ord. 00-098 Ord. 07-606 Ord. 16-595 Ord. 22-124

The provisions of this subtitle are to be liberally construed to accomplish its policies and purposes. Ord. 00-098 Ord. 16-595 Ord. 22-125

The Mayor and City Council makes the findings contained in this subsection, on full consideration of:the extensive findings made by an independent task force prior to the enactment of Ordinance 90-610; the evidence of significant levels of utilization disparity identified by the 2000 Disparity Study; hearings held by the City Council; the extensive findings of the 2022 Disparity Study, “The State of Minority and Women-Owned Business enterprise: Evidence from Baltimore”; the findings of the City Council that the prevalence of contract awards to large, non-local, businesses has significantly contributed to underutilization of minority and women’s business enterprises; and all other relevant facts. Past discrimination in the City’s contracting process by prime contractors against minority and women’s business enterprises has resulted in significant underutilization of minority and women’s business enterprises in contracts awarded by the City of Baltimore. As determined by the 2022 Disparity Study, this disparity has been persistent, pervasive, and statistically significant based on available vendor data. This discrimination has occurred in the major City contracting markets (construction, commodities, architectural and engineering, and services), with the effect of significant underutilization of minority and women’s business enterprises. The provisions of this subtitle are necessary to overcome the effects of past discrimination and to prevent ongoing discrimination in the City’s contracting process, while assuring that high quality goods and services are obtained through the competitive bidding process. A general objective of this subtitle is to provide a narrowly tailored remedy to ongoing effects of past discrimination, an objective that is advanced by:setting minority and women’s business enterprise goals that are flexible and rationally related to the disparity identified in the City’s contracting markets; instituting race- and gender-neutral remedies, including a Small Local Business Enterprise Program, in conjunction with the narrowly tailored administration of the MBE/WBE Program; setting goals on a contract-by-contract basis; providing criminal penalties for fraudulent misuse of this subtitle; requiring regular review of the necessity for this subtitle; limiting those minority and women’s businesses that qualify for certification under this subtitle to those located in the Baltimore City Market Area; requiring regular review of the categories included in the definition of minority- group members; and providing for post-bid submission of required information about minority and women’s business enterprises as well as other subcontractors. It is the policy of the City of Baltimore to promote equal business opportunity in the City’s contracting process by encouraging full and equitable participation by minority and women’s business enterprises in the provision of goods and services to the City on a contractual basis. Ord. 00-098 Ord. 07-606 Ord. 16-595

This subtitle applies to all contracts awarded by the City. Every contract or other agreement between the City of Baltimore and any governmental agency, quasi-governmental agency, corporation, developer, or contractor, under which the agency, corporation, developer, or contractor receives any fiscal assistance from or through the City for the purpose of contracting with businesses to perform real estate development, renovation, maintenance, or other services must require the agency, corporation, developer, or contractor to comply with this subtitle in awarding and administering that contract or agreement. Ord. 00-098

This subtitle automatically expires on June 30, 2028, unless the City Council, after causing an appropriate study to be undertaken, conducting public hearings, and hearing testimonial evidence, find that the purposes identified in this subtitle have not yet been achieved, in which case this subtitle may be extended for 5 more years. Ord. 00-098 Ord. 05-010 Ord. 06-356 Ord. 07-472 Ord. 07-524 Ord. 07-606 Ord. 11-557 Ord. 13-130 Ord. 13-188 Ord. 14-215 Ord. 14-265 Ord. 16-595 Ord. 19-269 Ord. 20-394 Ord. 21-048

There is a Minority and Women’s Business Opportunity Office in the Department of Law. The Office is administered and controlled by the Chief of the Minority and Women’s Business Opportunity Office, who reports directly to the City Solicitor. Ord. 00-098 Ord. 16-595

The Minority and Women’s Business Opportunity Office is responsible for the administration of this subtitle. The Office’s duties include:certification of business enterprises covered by this subtitle; maintaining a directory of business enterprises certified under this subtitle; providing information and needed assistance to business enterprises covered by this subtitle to increase their ability to compete effectively for the award of City contracts; investigating alleged violations of this subtitle and, when appropriate, making written recommendations for remedial action; developing and distributing all necessary forms, applications, and documents necessary to comply with this subtitle; maintaining statistics on and reviewing regularly the progress of agencies towards achieving the annual goals for the utilization of minority business enterprises, women’s business enterprises, small business enterprises, and local business enterprises; recommending to appropriate City officials methods to further the policies and goals of this subtitle; monitoring contractors throughout the duration of their contracts to ensure that all efforts are made to comply with this subtitle; and certifying compliance with this subtitle before contracts are submitted to the Board of Estimates for award. Ord. 00-098 Ord. 00-118 Ord. 16-595

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Office may adopt rules and regulations to carry out this subtitle. Ord. 00-098 Ord. 16-595 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Nothing in this subtitle abrogates the authority of the Board of Estimates to award contracts under <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11">Article VI, § 11 of the City Charter</cite>. At its discretion, the Board of Estimates may waive minor defects and errors in a bidder’s submissions under this subtitle. Nothing in this subtitle abrogates the authority of the Department of Finance to insure that competitive bidding is used and competitive prices are obtained in purchasing materials, supplies, equipment, and services to the fullest practicable extent, under Article VII, § 17, of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. Ord. 00-098 Ord. 16-595

In this chapter, the following terms have the meanings indicated unless the context clearly requires a different meaning. “African American” means a U.S. citizen or lawfully admitted permanent resident who originates from any of the black racial groups of Africa. “Asian American” means a U.S. citizen or lawfully admitted permanent resident who originates from the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands. “Certified business enterprise” means a minority or women’s business enterprise that has been certified by the Minority and Women’s Business Opportunity Office as meeting the criteria for certification under this chapter. “Control”, for purposes of determining whether a business is a minority business enterprise or women’s business enterprise, means that the minority-group member owners or women owners:possess and exercise the legal authority and power to manage business assets, goodwill, and daily operations of the business; and actively and continuously exercise this managerial authority and power in determining the policies and directing the operations of the business. If owners who are not minority-group members or women are responsible for the operation of the business out of proportion to their ownership interest, then the business is not controlled by minority-group members or women. “Hispanic American” means a U.S. citizen or lawfully admitted permanent resident of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish or Portuguese culture or origin, regardless of race. “Minority business enterprise” or “MBE” means a business enterprise:that is owned, operated, and controlled by 1 or more minority-group members who have at least 51% ownership; in which the minority-group members have day-to-day operational and managerial control, interest in capital, and risks and earnings commensurate with their percentage of ownership; and that is located in the Baltimore City Market Area. “Minority-group member” means a member of a minority group, such as African American, Hispanic American, Asian American, or Native American, for which a utilization disparity has been identified. “Native American” means a U.S. citizen or lawfully admitted permanent resident who originates from any of the original peoples of North America and who maintains cultural identification through tribal affiliation or other suitable authority in the community. “Owned”, for purposes of determining whether a business is a minority business enterprise or women’s business enterprise, means that:the minority-group member or female owner, as the context requires, possesses an ownership interest of at least 51% of the business; this ownership is real and continuing and goes beyond the mere indicia of ownership reflected in the ownership documents; and the minority-group member or woman owner enjoys the customary incidents of ownership and shares in the risks and profits commensurate with his or her ownership interests, as demonstrated by an examination of the substance, rather than the form of ownership arrangements. “Women’s business enterprise” or “WBE” means a business enterprise:that is owned, operated, and controlled by 1 or more women who have 51% ownership; in which the women have day-to-day operational and managerial control, interest in capital, and risk and earnings commensurate with their percentage of ownership; and that is located in the Baltimore City Market Area. Ord. 00-098 Ord. 07-606 Ord. 16-595 Ord. 17-068

This chapter may be cited as the “Minority and Women’s Business Program”. Ord. 00-098 Ord. 16-595

Annually, the Board of Estimates, with the advice of the Minority and Women’s Business Opportunity Office, must review and establish the participation goals for Minority Business Enterprises and for Women’s Business Enterprises. Ord. 00-098 Ord. 07-606

The purpose of the annual goals is to aid the City in its annual evaluation of the Program’s effectiveness. Annual participation goals are not and may not be quotas. Ord. 00-098 Ord. 07-606

The Minority and Women’s Business Opportunity Office must establish appropriate MBE and WBE participation goals on each specific contract, as provided in this Part III. Ord. 00-098 Ord. 16-595

In setting the goals on a contract, the Office must consider:the availability in various industry classifications and professions of MBEs and WBEs that are qualified and willing to provide goods, expertise, and services on the particular contract; the level of utilization of these firms in past contracts awarded by the City; the contract specifications; the adverse impact on non-MBEs and -WBEs; and any other relevant factors. On construction contracts for which the estimated cost is $1,000,000 or more, the Office may, in consultation with the contracting agency, set goals for MBEs divided into subgoals for African American-, Hispanic American-, Asian American-, or Native American-owned firms. On architectural or engineering contracts, the Office may, in consultation with the contracting agency, set goals for MBEs divided into subgoals for African American-, Hispanic American-, Asian American-, or Native American-owned firms. In establishing goals on each contract, the Office must consult with the contracting agency, the City Purchasing Agent, or both. Ord. 00-098 Ord. 07-606

The contract goals must be clearly published as part of the contract specifications in the invitation to bid or request for proposals. Ord. 00-098

The contract goals apply to the initial contract amounts, to any alternates, and to all subsequent amendments, supplements, extra work orders, change orders, or other modifications that, whether individually or in the aggregate, increase the dollar value of the contract by more than 10%. Ord. 00-098

Annually, the Office must review MBE and WBE participation on all contracts and procurement to evaluate the effect of the Program and the City’s progress towards meeting the annual goals. The Office must report its findings to the Board of Estimates. Ord. 00-098 Ord. 07-606

MBE and WBE participation toward meeting contract goals must be counted in accordance with this Part IV. A business that is certified both as an MBE and a WBE may be counted towards either the MBE or the WBE contract goal, but not towards both. The participation of the certified firm cannot be split between the MBE goal and the WBE goal. Participation of an MBE or WBE subcontractor cannot be counted towards the goal until the amount being counted has been paid to the MBE or WBE. Subject to limitation in paragraph (2) of this subsection, a certified MBE or WBE that has been awarded a contract as a prime contractor may count up to 50% of the dollar value of the work it intends to perform with its own forces towards the applicable MBE or WBE goal. The amount of the credit may not exceed the MBE’s or WBE’s available work capacity calculated in accordance with the contractor prequalification rules established by the Board of Estimates. Ord. 00-098 Ord. 07-606 Ord. 14-265 Ord. 16-595

In this section, “commercially useful function” means the performance by a business enterprise of real and distinct work for which the business enterprise has the skill, expertise, and actual responsibility to perform, manage, and supervise. The bidder may count toward the contract goals only expenditures to certified business enterprises that perform commercially useful functions in the execution of the contract. To determine whether a certified business enterprise is performing a commercially useful function, the City must evaluate:the amount of work subcontracted; industry practices; whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and with the MBE or WBE credit claimed for its performance of the work; and other relevant factors. With respect to materials and supplies used on the contract, the MBE or WBE is responsible for negotiating price, determining quality and quantity, ordering the material, installing (where applicable), and paying for the material itself. When an MBE or WBE is presumed not to be performing a commercially useful function, the MBE or WBE may present evidence to rebut this presumption. The MBE or WBE must provide written documentation to the Chief, whose decision is final. Ord. 00-098 Ord. 07-606

A bidder may count toward the contract goal the portion of its expenditure to a joint venture that is equal to the percentage of a certified business enterprise’s participation in the joint venture. The MBE or WBE member of the joint venture must have an interest in the control, management, risks, and operation of the joint venture commensurate with the member’s percentage of ownership. The certified business enterprise that is a member of the joint venture must be responsible for a distinct, clearly defined portion of the work to be performed with its own forces, equal to its share in the ownership, control, and management of the joint venture. Ord. 00-098 Ord. 07-606

A bidder may not count toward its contract goal any agreements with certified business enterprise subcontractors who intend to subcontract more than 10% of the dollar amount of the services to be performed under the agreement between the bidder and the certified business enterprise. This section does not apply to a subcontractor’s contracts for the purchase of materials, equipment, or supplies as an incident to the performance of services under its contract. Ord. 00-098

A business enterprise that is certified as both an MBE and a WBE may not be counted toward both MBE and WBE goals for the same project. The bidder must select the goal for which the business enterprise is to be counted toward. Ord. 07-606

A bidder may count towards the contract goal its entire expenditure to a certified business enterprise manufacturer. Ord. 00-098

If a bidder uses 1 or more suppliers to satisfy a contract goal, in whole or in part, the certified business enterprise supplier participation may be credited towards the applicable goal, as provided in this section. A bidder may count 100% of its expenditure to a certified business enterprise supplier who manufactures the goods supplied. A bidder may count 100% of its expenditure to a certified business enterprise supplier who is:a wholesaler warehousing the goods supplied; or a manufacturer’s representative, However, only 25% of the applicable contract goal may be attained by expenditures to certified business enterprises that are non-manufacturing suppliers. For contracts where an extraordinarily large proportion of the contract price is for equipment or supplies:a lower project goal may be set than otherwise would be required; the 25% limit for suppliers may be increased; or a combination of these two methods may be used. Ord. 00-098

A bidder may count towards the contract goals the fees or commissions charged by a certified business enterprise insurance company or travel agent, as long as the fee or commission is reasonable and not excessive as compared with fees or commissions customarily allowed for similar services. Ord. 00-098 Ord. 07-606

A bidder may count towards the contract goals only the fees charged and earned by a certified business enterprise financial institution. Ord. 00-098

A bidder is precluded from using a certified business enterprise to meet a contract goal if the bidder has a financial interest in, has an interest in the ownership or control of, or is significantly involved in the operation of the certified business enterprise. In order for a non-certified bidder to use a certified business enterprise to meet a contract goal, the non-affiliation criteria established by the Minority and Women’s Business Opportunity Office must be met. Ord. 00-098 Ord. 07-606

The following standards and procedures apply to every contract for which the estimated cost is $1,000 or more and less than $5,000. The Office must provide the contracting agency with a list of certified business enterprises qualified to provide each of the materials, equipment, supplies, or services that the contracting agency indicates are required by the City. The contracting agency must solicit bids from certified business enterprises that are certified to supply the required materials, equipment, supplies, or services. If no qualified certified business enterprise is available:the contracting agency must so notify the Office before the solicitation of bids; and the Office must attempt to identify qualified businesses and, if successful, notify the contracting agency of their availability. The contracting agency must provide certified business enterprises every practical opportunity to submit bids. Ord. 00-098

The following standards and procedures apply to every contract for which the estimated cost is $5,000 or more and less than $50,000. Before the solicitation of bids, the contracting agency must furnish the Office with an informational copy of all bid conditions and requests for proposals. The Office may recommend to the contracting agency certified business enterprises that can be solicited directly to submit bids. Ord. 00-098 Ord. 11-557

The following standards and procedures apply to every contract for which the estimated cost is $50,000 or more. In addition to any other applicable requirements, the bid conditions and requests for proposals must require each bidder to include in its bid a certified business enterprise participation affidavit in which the bidder commits to utilize certified business enterprises in a percentage that equals or exceeds the applicable contract goals. Any bid that does not include the certified business participation affidavit is non-responsive. Prior to bid opening, bidders must submit to the City the certified business enterprise participation statement, including executed statements of intent, that specify:the name of each certified business enterprise to whom the bidder intends to award a subcontract; whether that subcontractor is:a minority business enterprise; or a women’s business enterprise. the dollar value of each subcontract; the scope of the work to be performed under that subcontract; and any other information the Office requires to determine whether the contract goals have been satisfied. Each bidder is responsible for verifying that all MBEs and WBEs to be used have been certified by the Office before bid opening. During the term of the contract, any unjustified failure to comply with the levels of certified business enterprise participation identified in the bid is a material breach of contract. Before final payment may be made under the contract, the contractor must submit a list of all subcontractors utilized on the contract, both MBE/WBE and non-MBE/WBE. The list must include, as to each subcontractor:its name; the service or goods provided; the total amount paid to it; and its owner’s race/ethnicity and sex. Ord. 00-098 Ord. 07-606 Ord. 11-557

The following standards and procedures apply to:every lease in which the City is the lessee; and every contract for a concession. City agencies must solicit bids from certified business enterprises that are certified to enter into leases or concession contracts. If, after investigation, a contracting agency determines that no qualified certified business enterprise is available:the contracting agency must so notify the Office before signing a lease or awarding a concession contract, unless the Office has waived notification based on the known unavailability of qualified certified businesses to perform a particular contract; and the Office may attempt to identify qualified certified business enterprises and, if successful, must notify the contracting agency of their availability. The contracting agency must provide the minority and women’s business enterprises every practical opportunity to submit bids. All requests for concession bids must require concessionaires to make every good faith effort to utilize minority and women’s business enterprises as subcontractors and suppliers, whenever possible, if subcontractors are used. Concession bidders must be required to submit their projected utilization of minority and women’s business enterprises along with a description of the efforts made to utilize those businesses. Ord. 00-098

All City agencies, commissions, and boards, in the deposit of funds and performance of their other official duties, must make every good faith effort to equitably utilize the services of minority and women’s business enterprises. The services to which this section applies include, but are not limited to:the financial services of banks, savings and loan companies, insurance companies, and other commercial financial institutions; arrangements for travel and accommodations when traveling on official City business; and legal services. All City agencies must submit to the Office, on an annual basis, a written report on the efforts made under this subsection. The City Finance Department, City Comptroller, and Retirement Boards must report annually to the Mayor and City Council on their utilization of financial institutions that are minority or women’s business enterprises. Ord. 00-098

In the event that competitive bids are not obtained due to an emergency in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(e)">Article VI, § 11(e) of the Baltimore City Charter</cite>, the contracting agency must meet the requirements set forth in subsection (b) of this section that will serve as its utilization requirements. If an emergency procurement under <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(e)">Article VI, § 11(e) of the Baltimore City Charter</cite> is necessary, a contracting agency shall:contact the Office for assistance in finding MBE and WBE contractors or subcontractors that can provide the goods or services needed; provide contractors with a list of possible subcontractors that contains at least 2 MBE or WBEs, if applicable; and to the extent possible, receive at least 1 quote from an MBE and 1 quote from a WBE that can provide the goods or services needed. The Office shall provide all necessary assistance to an agency in making good faith efforts to comply with this chapter for the emergency procurement. As soon as possible after the execution of any emergency procurement under <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(e)">Article VI, § 11(e) of the Baltimore City Charter</cite> was necessary, but no later than 45 days after the contract execution, the agency shall submit a report to the Board of Estimates and the Office stating:the name and address of the selected contractor; whether the contractor is a City-certified MBE or WBE; an overview of the nature of the emergency and why an emergency procurement was necessary; a reasonable estimation of the threat or loss that may have occurred had an emergency procurement not been taken; a summary of the contractor’s qualifications, experience, and background to provide the emergency goods or services and the basis on how the contractor was selected over other qualified and responsive potential contractors; if applicable, a description of the scope of work, including the costs, fees, or rates for the purchase; if applicable, a description of the work performed by the contractor to mitigate or eliminate the emergency; if applicable, a justification regarding why an additional procurement was necessary when an existing City contract might have provided the goods or services necessary; and a list of all potential vendors contacted, including the MBE and WBE contacted under subsection (b)(2) of this section. The report required by this subsection shall be posted to the Office’s website on its receipt. Ord. 21-015 This section was enacted on March 31, 2021 by Ordinance 21-015, with an effective date of June 29, 2021.

In addition to any other applicable requirements, the following requirements apply to all contracts awarded by the City. Ord. 00-098

Bid conditions, requests for proposals, and all other specifications for contracts awarded by the City must require that, where a contract goal is applicable, the bidder must: make good faith efforts before the opening of bids or submission of proposals to meet the contract goal; and keep records of its good faith efforts, adequate to permit a determination of compliance with this chapter. Ord. 00-098 Ord. 07-606 Ord. 16-595

Each contract must: incorporate this chapter by reference; provide that the failure of any bidder, contractor, or subcontractor to comply with this chapter is a material breach of contract; and require that, during its term, the contractor will:fulfill Program commitments submitted with the bids; continue to make good faith efforts to utilize minority and women’s business enterprises; and maintain records reasonably necessary for monitoring compliance with this chapter. Ord. 00-098 Ord. 07-606 Ord. 16-595

A contractor must pay its subcontractors in a timely fashion for satisfactory work. A payment is timely if it is mailed, delivered, or transferred to a subcontractor no later than 7 calendar days after the contractor receives payment from the City. Beginning with the second pay request from a contractor to the City, the contractor must provide the City with evidence that all subcontractors have been paid out of the proceeds of the prior payment, unless a bona fide dispute, documented in writing, exists between the contractor and the unpaid subcontractor. Ord. 00-098 Ord. 07-606

As a condition of each contract, the awardee of the contract must submit the following when requested by the Office: copies of signed agreements with the business enterprises being utilized to achieve the contract goals; reports and documentation verifying payments to the business enterprises being used to achieve the contract goals; and reports and documentation on the extent to which the contractor has awarded subcontracts to minority and women’s business enterprises under contracts not affected by this chapter. Ord. 00-098 Ord. 16-595

A contracting agency may request that the Office waive or reduce the contract goals by submitting the reasons for the request in writing before bids are solicited. The Office may grant the waiver or reduction if the Office determines that:the reasonable and necessary requirements of the contract render subcontracting or other participation of businesses other than the bidder infeasible; or at least 2 qualified certified business enterprises capable of providing the goods or services required by the contract are unavailable in the Baltimore City Market Area despite every feasible attempt to locate them. Any reduction granted by the Office must specify the amount to which the goal has been reduced. Whenever the Office denies a request to waive or reduce a goal, the contracting agency may appeal that denial to the Board of Estimates. The Board’s decision on the request is final. Ord. 00-098 Ord. 07-606

If a bidder is unable to comply with the contract goals, the bidder may submit a request for a waiver at the time of bid opening. The request for a waiver must include documentation that demonstrates the bidder’s good faith efforts to meet the goals. Ord. 00-098 Ord. 07-606

If, after award of a contract, the contractor is unable to meet any contract goal by utilizing the certified business enterprises specified at bid opening, the contractor must seek a substitute certified business enterprise to fulfill its commitment. The Office may approve the substitution only after consulting with the Mayor’s Office of Minority and Women’s Business Development. If, after reasonable good faith efforts, the contractor is unable to find a substitute, the contractor must request a post-award waiver. A contractor may not substitute an MBE or WBE subcontractor or perform the work designated for an MBE or WBE subcontractor with its own forces unless the Chief, after consulting with the contracting agency, approves the substitution in writing. The request must be in writing and document the reasons for the contractor’s inability to meet the contract goal. The contractor must negotiate with the MBE or WBE subcontractor to resolve the problem. The Chief’s final decision to permit or deny a proposed substitution, and the basis of any denial, shall be communicated to the parties in writing by the Chief. Where the contractor has established the basis for a substitution to the satisfaction of the Chief, the contractor must make good faith efforts to achieve the goals. The contractor may seek the assistance of the Office in obtaining a new MBE or WBE. If the contract goals cannot be reached and good faith efforts have been made, the contractor may substitute with a non-certified business. Ord. 00-098 Ord. 07-606 Ord. 14-265

A contracting agency may waive the utilization requirements for a specific contract as provided in this section. The agency may waive the utilization requirements if, with the advice of the Office, it finds that:needed goods or services are available only from a sole source; and the prospective contractor is not currently disqualified from doing business with the City. The agency may waive the utilization requirements if it certifies in writing to the Office that:an emergency exists that requires goods or services to be provided with such an immediacy that the agency is unable to comply with this chapter; and the prospective contractor will make every good faith effort to subcontract to minority and women’s business enterprises if subcontracting is utilized. Ord. 00-098 Ord. 16-595

Each contracting agency must take the following actions to ensure that MBEs and WBEs have maximum opportunity to participate on City contracts. Ord. 00-098

Every contracting agency must ensure that invitations to bid or requests for proposals emanating from the agency comply with this chapter. Ord. 00-098 Ord. 16-595

Each agency head or designee must: assume primary responsibility for achieving the goals of the Program; and on a continuing basis, review all aspects of the Program’s operations to assure that the purpose is being attained. Ord. 00-098

Advertisements for bids must appear in minority-owned media no less than 10 days before bids are due for specific contracting opportunities. A written notification of contracting opportunities must be sent to minority and women’s business trade associations and contractor’s associations no less than 10 days before bids are due. All contract solicitations must include the MBE/WBE policy and any related materials required by the bid documents. Ord. 00-098

All contracting opportunities must be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for participation by minority and women’s business enterprises. Ord. 00-098

Each contracting agency must establish procedures to ensure that: all contractors who submit correct invoices are paid within 30 days; and all subcontractors are paid within 7 days after the City pays the general contractor. Ord. 00-098

Each contracting agency must establish guidelines to ensure that a notice to proceed is not issued until the contracting agency has received copies of all documents needed to evidence the contractor’s fulfillment of its commitments under this chapter. Ord. 00-098 Ord. 16-595

Each contracting agency must submit to the Office all statistics and documentation that the Office requests. Ord. 00-098

For the purposes of determining compliance with contract goals, a business enterprise may be counted as an MBE or WBE only if it has been so certified by the Office before bid opening. If a business listed in a bidder’s Information and Utilization Commitment Form has not been certified, the amount of participation will be deducted from the total MBE or WBE utilization in determining whether the bidder is responsive. Ord. 00-098

To be eligible for certification as a minority business enterprise or women’s business enterprise, the business enterprise must:be an independent, operating business; be at least 51% minority- or women-owned; before applying for certification, have been in operation for at least 12 months before applying for certification; have been minority- or women-owned for at least 12 months before applying for certification; and have an operating office in the Baltimore City Market Area. To determine whether the business enterprise has the required operating office, the Office will consider the office arrangements, industry practices, and other relevant factors. Ord. 00-098 Ord. 07-606 Ord. 08-063

The ownership and control by minorities or women must be:real and substantial; and indicated by the customary incidents of ownership, as demonstrated by an examination of the substance rather than the form of ownership and operating arrangements. The minority or women owners must possess the power:to direct or cause the direction of the management and policies of the business enterprise; and to make day-to-day decisions, as well as decisions on matters of management, policy, and operations. The business enterprise may not be subject to any formal or informal restrictions that limit the customary discretion of the minority or women owners. There may not be any restriction, whether by partnership agreement, charter requirements, or other arrangement, that prevents the minority or women owners from making business decisions without the cooperation or vote of any owner who is not a minority or a woman. The operating arrangements and the ownership and control by the minority-group members must have been in operation for at least 12 months before applying for certification. Ord. 00-098

With the advice of the Office, the Board of Estimates may establish maximum size standards for minority and women’s business enterprises. There may be separate size standards for separate business categories. The Board of Estimates must annually review any size standards established under this section. A business enterprise may not be certified as an MBE or WBE or, once certified, have its certification renewed if, on the effective date of the application or renewal, the MBE or WBE no longer meets size standards established under subsection (a) of this section. Ord. 00-098 Ord. 07-606

The Office may investigate a business enterprise’s ownership, management, qualifications, and other relevant matters beyond formal documentation:at the initial certification; and during certification or recertification. To the extent reasonably necessary to ensure compliance, these investigations may include, but are not limited to:personal interviews with persons having knowledge or relevant information relating to a business enterprise’s eligibility, certification, or decertification; personal interviews with bidders, contractors, vendors, or suppliers involved in a joint venture or contractual relationship with the business enterprise; reviewing records pertaining to certification; and conducting random, on-site visits, audits, or relevant inquiries. Ord. 00-098

The Office may decertify a business that it determines no longer meets the certification criteria. Ord. 00-098

All adverse certification determinations by the Office must:be in writing; include the reasons for the determination; and be sent to the affected business enterprise. An aggrieved party has a right to protest an adverse certification determination and seek administrative review. To obtain administrative review, the aggrieved party must submit a written protest to the Chief within 7 days of receipt of the adverse determination. The protest must specify the reasons and factual grounds of the protest and be accompanied by any supporting documents. Within 25 days of receipt of the protest, the Chief must:review the protest and all relevant supporting documents; and render a written decision that includes the reasons for the decision. After all departmental remedies have been exhausted, the aggrieved applicant may request a hearing before a panel of independent hearing officers, with 1 member of the panel being appointed by the President of the City Council and the other members of the panel being appointed by the City Solicitor. The hearing officer must be knowledgeable of Baltimore City procurement laws and procedures, including this subtitle. Ord. 00-098 Ord. 07-606

During the term of a contract subject to this chapter, the Office must monitor continued compliance with this chapter. Ord. 00-098 Ord. 16-595

If the Office finds cause to believe that a contractor or subcontractor has failed to comply with any requirement of this chapter or with any contract provision relating to utilization under this chapter, the Office must:so notify the contracting agency and the contractor; and attempt to resolve the noncompliance through conciliation. If the noncompliance cannot be resolved, the Office and the contracting agency must submit written findings and recommendations to the Board of Estimates. The Board of Estimates may impose sanctions in accordance with Chapter 4 of this subtitle. Ord. 00-098 Ord. 16-595

If, after investigation, the Office finds that a contracting agency has failed to comply with a provision of this chapter, the Office must:send the agency a written finding that specifies the nature of the noncompliance; and attempt to resolve the noncompliance through conference and conciliation. If the noncompliance cannot be resolved, the Office must submit its written findings and recommendations to the Board of Estimates. the Board of Estimates may take appropriate action to secure compliance. Ord. 00-098 Ord. 16-595

The Office may require contractors, bidders, contracting agencies, and the head of any City agency to submit any reports, documents, or other information reasonably necessary to determine compliance with this chapter. Ord. 00-098 Ord. 16-595

A contracting agency must keep accurate records for each contract it awards. These records must include:dollar value of contract; nature of goods or services to be provided; name of contractor; efforts employed to solicit bids from certified minority and women’s business enterprises; and all subcontracts awarded by the contractor, identifying for each:dollar value; nature of goods or services provided; name of subcontractor; and race/ethnicity and sex of subcontractor’s owner. Ord. 00-098

The Office must submit an annual report to the Mayor and the City Council on the City’s progress toward the utilization goals established under this chapter. The report must include:any problems; and specific recommendations for improving the City’s performance. Ord. 00-098 Ord. 16-595

In this chapter, the following terms have the meanings indicated unless the context clearly requires a different meaning. “Affirmative procurement initiative” means a procurement tool authorized by Part IV of this chapter to be used to enhance contracting opportunities for small local business enterprise firms, including bonding and insurance waivers, bid incentives, price preferences, sheltered market, mandatory subcontracting, competitive business development demonstration projects, and SLBE evaluation preference points in the scoring of proposal evaluations. “Commercially useful function” means the performance by a business enterprise of real and distinct work for which the business enterprise has the skill, expertise, and actual responsibility to perform, manage, and supervise, as determined by an evaluation of:the amount of work subcontracted; normal industry practices; whether the amount the firm is to be paid under the contract is commensurate with both the work it is actually performing and the SLBE credit claimed for its performance of the work; and other relevant factors. A firm does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of meaningful and useful SLBE participation, when in similar transactions in which SLBE firms do not participate, there is no such role performed. “Emerging SLBE” means a firm that meets the eligibility requirements specified in <cite data-path="|5|§28-107|(a)">§ 28-107(a) {“Certification as Emerging SLBE: Eligibility”} of this chapter</cite>. “Goal-setting committee” or “GSC” means a committee appointed by the Chief in accordance with this chapter to assist in the administration of the SLBE Program. “Independently owned and operated” means a firm:that is independent and directly owned by individuals only; and whose day-to-day management is direct and independent of the influence of any other business that cannot itself qualify under the SLBE eligibility requirements. “Principal place of business” means a location where a firm maintains a headquarters or physical office within the geographic boundaries of the City limits and through which it coordinates and obtains no less than 50% of its overall sales dollars. “Professional services” means any non-construction, non-architectural, or non-engineering services that require highly specialized training or licensed credentials to perform, such as legal, accounting, scientific, technical, insurance, investment management, medical, or real estate services. The term “professional services” as used in this chapter is not intended to be restricted to those professional services that are exempted from formal advertising requirements pursuant to Article VI, § 11, of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> or competitive bidding requirements pursuant to Article VII, § 17, of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. “Services” means non-construction, non-architectural, and non-engineering services that are not professional services and do not require any license or highly specialized training or credentials to perform. “Sheltered market” means an affirmative procurement initiative designed to set aside a City contract offering for bidding exclusively among certified SLBE firms or certified Emerging SLBE firms. “Small local business enterprise” or “SLBE” means a firm that meets the eligibility requirements specified in <cite data-path="|5|§28-105|(a)">§ 28-105(a) {“ Eligibility for SLBE Program: General eligibility requirements”} of this chapter</cite>. Ord. 16-595 Ord. 17-068

The purpose of this chapter is to establish a race- and gender-neutral remedy for ongoing effects of past discrimination in the marketplace by providing a variety of procurement tools for the City that will ensure that all segments of its local business community have a reasonable and significant opportunity to participate in City contracts for construction, architectural, and engineering services, professional services, services, and materials, supplies, and equipment. The SLBE Program also furthers the City’s public interest to foster effective broad-based competition from all segments of the vendor community, including minority business enterprises, small business enterprises, and local business enterprises. This policy is, in part, intended to further the City’s compelling interests in both ensuring that it is neither an active nor passive participant in private sector marketplace discrimination, and in promoting equal opportunity for all segments of the contracting community to participate in City contracts. The SLBE Program also provides additional avenues for the development of new capacity and new sources of competition for City contracts from the growing pool of small and locally based businesses. This capacity building will increase the quality of bidding on City contracts and lower prices for City contracts over the long term. This SLBE Program may be applied by the City on a contract-by-contract basis to the maximum practicable extent permissible under federal and state law, as well as <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. Ord. 16-595

To meet the objectives of the SLBE Program, the City is committed to: increasing the participation of SLBEs in City contracting and, to the extent possible, ameliorating through race- and gender-neutral means any disparities in the participation of minority business enterprises or women business enterprises on City contracts; regular evaluation regarding the progress of the SLBE Program, using accumulated availability and utilization data to determine specific program provisions that require modification, expansion, or curtailment; and providing accountability and accuracy in setting goals and in reporting program results through the City’s Centralized Purchasing System, in the Department of Finance, Bureau of Purchases, which maintains a centralized bidder registration process capable of identifying with specificity the universe of firms that are available and interested in bidding on, or performing on, City contracts, and of providing the means of tracking actual City bids, contract awards, and prime contract and subcontract payments to registered bidders, on the basis of certification status, and commodity or service code. Ord. 16-595

The Office must: report at least annually to the Mayor and the City Council on the City’s progress towards satisfying SLBE Program objectives; formulate SLBE Program waivers, improvements, and adjustments to the GSC goal-setting methodology and other program functions; have substantive input in the contract specification review process to ensure that contract bid specifications are not unnecessarily restrictive or unduly burdensome to small, local, minority-owned, women-owned, and other businesses; receive and analyze external and internal information, including statistical data and anecdotal testimonies, it deems appropriate to effectively accomplish its duties; subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, adopt rules and regulations to carry out this chapter; and where appropriate, make recommendations for approval of changes to established size standards for SLBE firms. Ord. 16-595 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of item (5) of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The Chief must appoint 5 goal-setting committees to assist in the administration of the SLBE Program. A separate committee must be established with responsibility for each of the following industry categories:architectural and engineering; construction; professional services; services; and materials, supplies, and equipment. Each GSC is chaired by the Chief or the Chief’s designee. The Chief determines the number of members on each GSC at the time of its establishment. Each GSC must include representatives from the Office and from the primary contracting agencies and end-user agencies for the committee’s industry category. The Chief must appoint the remaining members of the GSC from the City’s procurement personnel and other City departments affected by this Program. Each GSC may meet as often as necessary to accomplish its duties, but not less than twice annually. Ord. 16-595

For its industry category, each GSC must:establish SLBE participation goals; and select appropriate SLBE affirmative procurement initiatives to be applied to each contract, subject to § 28-97(b). In making its decisions, the GSC must consider:vendor availability; industry characteristics; and project-specific characteristics. Each committee may also review the regulations issued to implement this chapter and provide the Chief with general advice on administering the policy and modifying the policy objectives of the SLBE Program. Ord. 16-595

The Chief must submit an annual report to the Mayor and City Council that provides an assessment of:the progress towards achieving the goals established for awards to certified SLBE and certified Emerging SLBE firms; both dollars awarded and expended through the SLBE Program; and the progress towards achieving the stated Program objectives, including:enhancing competition; establishing and building new business capacity; and removing barriers to the utilization of available minority business enterprises, women business enterprises, and small local business enterprises on City contracts. At least once every 2 years, the City Council must conduct a public hearing to solicit public comments on the SLBE Program. The Board of Estimates, or its designee, must periodically review the SLBE Program to determine whether the various contracting procedures used to enhance SLBE contract participation need to be adjusted or used more or less aggressively in future years to achieve the goals stated in § 28-97 {“Purpose; Scope”} and <cite data-path="|5|§28-98">§ 28-98 {“Program objectives”} of this chapter</cite>. Ord. 16-595 Ord. 17-068

To be eligible for certification as an SLBE, the business enterprise must:be an independently owned and operated business enterprise that is not a broker, that is not a subsidiary of another business, and that is not dominant in its field of operation; have owners who are actively involved in day-to-day management and control of the business; perform a commercially useful function; not have employed more than 50 full-time persons at any time during the last 3 years; have annual gross revenues, as averaged over its most recent past 3 fiscal years or, if the business has not existed for 3 years, over the course of the existence of the business, of not more than:$5 million for construction firms, specialty trade contractors, and manufacturing firms; $2.5 million for architectural firms; $1.5 million for professional services firms; $1.25 million for engineering firms; or $1 million for firms providing other services, materials, or equipment, except for manufacturing firms; and have a principal place of business in Baltimore City; have:been established for at least 1 year; or managing principals of the business who each have at least 3 years of relevant experience prior to forming or joining the business; and in the year preceding the date of the initial certification application, not have received more than $1,000,000 in City contract payments as a result of contract awards from the City achieved through an open competitive bidding process. A business firm is not eligible to become a certified SLBE if it is owned by:other businesses that cannot themselves qualify under the SLBE eligibility requirements in subsection (a) of this section; or the principals or owners of other businesses that cannot themselves qualify under the SLBE eligibility requirements in subsection (a) of this section. A business firm that has graduated from the SLBE Program under § 28-109 {“Graduation[, etc.]”} is no longer eligible to participate in the SLBE Program even if it otherwise meets all other eligibility criteria. Ord. 16-595

In order to apply for certification or recertification as an SLBE, an enterprise must provide the Office with:a completed certification or recertification application in the form required by the Office; all supporting documentation required by the Office; and a signed affidavit stating that it meets all of the SLBE eligibility criteria set forth in § 28-105 {“Eligibility for SLBE Program”}. Certified SLBEs must submit a completed recertification application to the Office every 2 years for review and continued certification. After receiving an SLBE certification or recertification application, the Office must review all enclosed forms, affidavits, and documentation to make a prima facie determination as to whether the applicant satisfies the SLBE eligibility requirements as set forth in this chapter. If, after the review required by this section, the Office finds that the applying firm satisfies the SLBE eligibility requirements as set forth in this chapter, the Office must grant the firm certified SLBE status. If an applicant is determined to be ineligible for certification as an SLBE, the Chief must send a letter to the applicant stating the basis for the denial of eligibility. Applicants determined to be ineligible are not eligible to submit a new application until at least 1 year after the date of the notice of denial of eligibility. Joint ventures must be certified on a bid-by-bid basis. A joint venture seeking certification is not itself subject to the size limitations imposed by § 28-105(a)(4) and (a)(5). Each individual business participating in the joint venture must be a certified SLBE in order for the joint venture to receive the benefits of the SLBE Program. In the course of considering the certification or recertification status of any SLBE firm or joint venture, the Office must periodically conduct audits and inspect the office, job site, records, and documents of the firm, and interview the firm’s employees, subcontractors, and vendors as reasonably necessary to ensure that all eligibility standards are satisfied and that the integrity of the SLBE Program is maintained. Ord. 16-595 Ord. 17-068

A firm is eligible for certification as an Emerging SLBE if it meets the following eligibility criteria:the firm complies with all of the SLBE criteria set forth in § 28-105 {“Eligibility for SLBE Program”}; the firm has been in existence for less than 5 years; the firm has no more than 5 full-time employees; and the firm’s annual gross revenues, as averaged over the life of the firm, are less than $1 million. In order to apply for certification or recertification as an Emerging SLBE, an enterprise must provide the Office with:a completed application for certification or recertification in the form reqauired by the Office; all supporting documentation required by the Office; and a signed affidavit stating that it meets all of the eligibility criteria set forth in subsection (a) of this section. After receiving an Emerging SLBE certification or recertification application, the Office must review all enclosed forms, affidavits, and documentation to make a prima facie determination as to whether the applicant satisfies the Emerging SLBE eligibility requirements as set forth in this chapter. If, after the review required by this section, the Office finds that the applying firm satisfies the Emerging SLBE eligibility requirements as set forth in this chapter, the Office must grant the firm certified Emerging SLBE status. If an applicant is determined to be ineligible to participate as an Emerging SLBE, the Chief must send the applicant a letter stating the basis for the denial of eligibility. Applicants determined to be ineligible are not eligible to submit a new application for Emerging SLBE certification for 1 year after the date of the notice of denial of eligibility. Applicants determined to be ineligible for certification as an Emerging SLBE may still be eligible for certification as an SLBE. Ord. 16-595 Ord. 17-068

An SLBE firm must be permanently graduated from the SLBE Program after it has received a cumulative total of $5 million of City-funded prime contract or subcontract payments in at least 5 separate contracts since its initial certification as an SLBE firm. An SLBE firm must be permanently graduated from the SLBE Program after its 3 fiscal year average gross sales exceeds the size standard eligibility requirements. An SLBE firm must be temporarily suspended by the Chief for the balance of any fiscal year after it has received, as contractor or subcontractor of City-funded contracts, a cumulative total of $1.5 million in payments for that fiscal year. An SLBE or Emerging SLBE firm may have its certification and eligibility permanently revoked by the Chief if it:fails to perform a commercially useful function under a contract; or allows its certified SLBE status to be fraudulently used for the benefit of a non-SLBE firm or the owners of a non-SLBE firm so as to provide the non-SLBE firm or firm owners benefits from affirmative procurement initiatives to which they would not otherwise be entitled. An Emerging SLBE firm must be permanently graduated from Emerging SLBE status after it has received a cumulative total of $2.5 million of City-funded prime contracts or subcontract payments in at least 5 separate contracts since its initial certification as an Emerging SLBE firm. An Emerging SLBE firm must be permanently graduated from Emerging SLBE status once its 3 year average annual gross sales exceeds $2 million. An Emerging SLBE firm must be temporarily suspended from Emerging SLBE status by the Chief for the balance of any fiscal year after it has received, as a contractor or subcontractor on City-funded contracts, a cumulative total of $750,000 in payments for that fiscal year. An Emerging SLBE firm suspended under this subsection may still be eligible to continue participating in affirmative procurement initiatives as an SLBE firm for the remainder of the fiscal year. This section is not intended to require or allow the City to terminate a contract or fail to renew a contract solely due to the finding that a firm’s SLBE or Emerging SLBE status is permanently graduated or temporarily suspended during the contract term, including all renewal options originally available. Bids or proposals submitted by an SLBE or Emerging SLBE prior to graduation or suspension may be awarded as if the firm retained its SLBE or Emerging SLBE status. An SLBE or Emerging SLBE may not participate as an SLBE or Emerging SLBE on new bids during a period in which it has been permanently graduated or temporarily suspended, and will not receive any preference for which it may have previously been qualified. If SLBE or Emerging SLBE status is revoked under subsection (c) of this section, the Board of Estimates may, upon recommendation by the contracting agency, terminate or fail to renew an impacted contract, if the Board of Estimates determines that termination or non-renewal is in the best interests of the City. Permanent graduation and temporary suspension is only effective upon receipt of written notice, as an adverse certification or eligibility determination. Ord. 16-595

All adverse certification or eligibility determinations by the Office or Chief must:be in writing; include the reasons for the determination; and be sent to the affected business enterprise. An aggrieved party has a right to protest an adverse determination and seek administrative review. To obtain administrative review, the aggrieved party must submit a written protest to the Chief within 7 days of receipt of the adverse determination. The protest must specify the reasons and factual grounds of the protest and be accompanied by any supporting documents. Within 25 days of receipt of the protest, the Chief must:review the protest and all relevant supporting documents; and render a written decision that includes the reasons for the decision. After all departmental remedies have been exhausted, the aggrieved applicant may request a hearing before a panel of independent hearing officers, with 1 member of the panel being appointed by the President of the City Council and the other members of the panel being appointed by the City Solicitor. The hearing officer must be knowledgeable of Baltimore City procurement laws and procedures, including this subtitle. Ord. 16-595

To promote the award of City contracts to SLBEs or Emerging SLBEs, each GSC may, subject to § 28-97(b), authorize the use of any or all of the SLBE affirmative procurement initiatives in this Part IV for contracts in its industry category. Ord. 16-595

Subject to applicable federal and state law, as well as <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>, and applicable regulations, policies, and procedures, the Board of Estimates, on the recommendation of the contracting agency, may waive or reduce the bonding or insurance requirements for public works contracts, depending on the type of contract and whether the contracting agency determines that the bonding or insurance requirements would deny an SLBE, or Emerging SLBE, an opportunity to perform a contract that the SLBE or Emerging SLBE has shown itself otherwise capable of performing. From time to time the Chief shall make written suggestions to a contracting agency relating to concerns about bidding restrictions caused by bonding or insurance requirements on solicitations issued by that agency. Subject to applicable federal and state law, as well as <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>, and applicable regulations, policies, and procedures, the Board of Estimates, on the recommendation of the Department of Finance, may waive or reduce the bonding or insurance requirements, depending on the type of contract and whether the Department determines that the bonding or insurance requirements would deny an SLBE or Emerging SLBE an opportunity to perform a contract that the SLBE or Emerging SLBE has shown itself otherwise capable of performing. From time to time the Chief shall make written suggestions to the Director of Finance relating to concerns about bidding restrictions caused by bonding or insurance requirements on solicitations issued by the Department of Finance. Ord. 16-595 Ord. 17-068

Subject to § 28-97(b), the Board of Estimates may award a contract to a certified SLBE or certified Emerging SLBE that submits a bid within 10% of a low bid by a non-SLBE. A price preference may not be applied if:the award to the SLBE would result in a total contract cost that is, on an annual basis, more than $25,000 higher than the low bid; if the total contract cost would exceed the City’s budgeted funding for the contract; or the total contract cost is determined by the contracting agency, with concurrence from the agency receiving the primary benefit of the contract, to be so high in price as to be not reasonable. Ord. 16-595

The City may reserve up to 10% of the total points available for RFP evaluation purposes for firms that are certified as SLBE or Emerging SLBE firms, or to joint ventures that have certified SLBE or certified Emerging SLBE partners. For joint ventures, available evaluation preference points must be allocated on a pro rata basis, based on the percentage of SLBE or Emerging SLBE participation in the overall ownership, performance, and management of the joint venture. An evaluation preference may not be applied if the resulting total contract cost:would exceed the City’s budgeted funding for the contract; or is determined by the contracting agency, with concurrence from the agency receiving the primary benefit of the contract, to be so high in price as to be not reasonable. Ord. 16-595

A GSC may, on a contract-by-contract basis, at its discretion, require that a predetermined percentage of a specific contract, up to 40%, be subcontracted to certified SLBEs or to certified Emerging SLBEs. If the contractor is a certified SLBE or certified Emerging SLBE, then the contractor is entitled to count the dollar value of the work performed by its own forces towards satisfaction of the mandatory subcontracting goal for that contract. An SLBE or Emerging SLBE contractor may not subcontract more than 49% of the contract value. An SLBE or Emerging SLBE subcontractor may not further subcontract more than 10% of its portion of the contract value to a vendor who is not an SLBE or Emerging SLBE. For a contract bid out under this section, a prospective bidder must submit, at the time of bidding, a form providing the name of the SLBE or Emerging SLBE subcontractor or subcontractors and describing both the percentage of subcontracting by the SLBE or Emerging SLBE and the work to be performed by the SLBE or Emerging SLBE. At the time of bidding, a bidder may request a full or partial waiver of this mandatory subcontracting requirement from the Chief for good cause, by submitting an SLBE unavailability certification to the Chief along with adequate documentation of good faith efforts to obtain SLBE participation, in the form required by the Office. The Chief must base his or her determination on a waiver request on the following criteria:whether the requestor of the waiver has made good faith efforts to subcontract with qualified and available SLBEs or Emerging SLBEs; whether subcontracting would be inappropriate or not provide a commercially useful function under the circumstances of the contract; and whether there are no certified SLBE or certified Emerging SLBE firms that are qualified and available to provide the goods or services required. In the absence of a waiver, failure of a contractor’s bid or proposal to satisfy the mandatory SLBE subcontracting goal renders its bid or proposal non-responsive. In the absence of a waiver, failure of a contractor, in the performance of the contract, to attain a mandatory subcontracting goal for SLBE participation is grounds for termination of existing contracts with the City, debarment from performing future City contracts, or any other remedies available under the terms of its contract with the City or under the law. A Contractor commits a material breach of contract if it fails to notify and obtain written approval from the Chief in advance of any negative change in usage of a designated SLBE or Emerging SLBE subcontractor, including any:reduction in subcontract scope; termination of a subcontract; or substitution of a new SLBE or Emerging SLBE subcontractor for a designated SLBE or Emerging SLBE. Sole source and emergency contracts are exempt from subcontracting goal requirements under this section. Ord. 16-595 Ord. 17-068

The Chief and a contracting agency may select certain contracts that have a contract value of $250,000 or less for award to a certified SLBE, or a joint venture with a certified SLBE, through the Sheltered Market Program. The Chief and a contracting agency may select certain contracts that have a value of $50,000 or less for award to a certified Emerging SLBE firm through the Sheltered Market Program. In determining whether a particular contract should be bid through the Sheltered Market Program, the contracting agency and Chief must consider:whether there are at least 3 certified SLBEs or certified Emerging SLBEs that are available and capable to participate in the Sheltered Market Program for that contract; the degree of underutilization of the SLBE and Emerging SLBE contractors in the specific industry categories; and the extent to which the City’s SLBE and Emerging SLBE contractor utilization goals are being achieved. A contract may be removed from the Sheltered Market Program for purposes of rebidding if:a responsive and responsible bid or response is not received for the contract; or the apparent low bid is determined by the contracting agency, with concurrence from the agency receiving the primary benefit of the contract, to be so high in price as to be not reasonable or not within the City’s budgeted funding for the contract. A finding made regarding the number of available certified SLBE’s or Emerging SLBE’s in determining whether a contract should be bid through the Sheltered Market Program for purposes of subsection (b) of this section does not create a presumption that any bidder is a responsible bidder for purposes of subsection (c) of this section. The determination of a contracting agency, or the City’s prequalification process, that a bidder is not a responsible bidder for purposes of subsection (c) of this section is final and conclusive. Ord. 16-595 Ord. 17-068

If an industry category routinely has too few sources of bidders to provide meaningful or sufficient competition for City contracts, the Chief, with the concurrence of the impacted contracting agency, may reserve certain contracts within that industry category for placement into a competitive business development demonstration project to encourage the development of new capacity within the industry to competitively bid on the future supply of specialized goods or services to the City. Contracts reserved for Competitive Business Development Demonstration Projects are subject to a Request for Proposals process open only to joint ventures between an established firm, or experts in the relevant industry, and a certified SLBE firm. The scope of work for the selected joint venture must include teaching a hands-on curriculum to SLBE firms that have expressed an interest in diversifying into the relevant industry, in addition to performing the customary functions of the contract. The curriculum required by paragraph (2) of this subsection must teach skills required to qualify for future City contracts and to successfully compete in the industry, including both:technical skills taught through hands-on demonstrations of how to perform necessary tasks in the field; and administrative skills such as cost estimating, bidding, staffing, or project management. The Chief must select certified SLBE candidate firms for participation in competitive business development demonstration projects on the basis of an assessment of their current capabilities and their likely success in diversifying into the new relevant industry once given technical assistance, training, and an opportunity to develop a performance track record in the industry. Ord. 16-595

A contractor who fails to comply with any provision of this subtitle is subject to any or all of the following penalties: suspension of contract; withholding of funds; rescission of contract based on material breach; refusal to accept a bid; disqualification of a bidder, contractor, or other business from eligibility for providing goods or services to the City for a period not to exceed 2 years; and payment of liquidated damages. Ord. 00-098 Ord. 16-595

No person may:fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining, retaining, or attempting to obtain or retain certification under this subtitle; in any matter administered under this subtitle, willfully falsify, conceal, or cover up by a trick, scheme, or device a material fact or make any false writing or document knowing that it contains any false, fictitious, or fraudulent statement or entry; willfully obstruct, impede, or attempt to obstruct or impede an authorized official or employee who is investigating the qualifications of a business enterprise that has requested certification under this subtitle; fraudulently obtain, attempt to obtain, or aid another in fraudulently obtaining or attempting to obtain public money to which the person is not entitled under this subtitle; or make a false statement to any person or entity that another person or entity is or is not certified under this subtitle. Any person who violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to imprisonment for not more than 1 year, to a fine of not more than $1,000, or to both imprisonment and fine. Ord. 00-098 Ord. 16-595

It is the intent of the City of Baltimore to avoid becoming a passive participant in private sector commercial discrimination by refusing to engage in business with business firms that discriminate in the solicitation, selection, hiring, or treatment of vendors, suppliers, subcontractors, or commercial customers on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, or disability by providing a procedure for receiving, investigating, and resolving complaints of discrimination filed against business firms that have submitted a bid or proposal for, have been selected to engage in, or are engaged in doing business with the City. Ord. 06-186

In this subtitle, the following terms have the meanings indicated unless the context clearly requires a different meaning. “Baltimore City Market Area” means Baltimore City, Baltimore County, Anne Arundel County, Howard County, Montgomery County, and Prince George’s County. “Business firm” means any person, firm, sole proprietorship, partnership, corporation, limited liability company, or other business entity or combination of them, including any financial institution, developer, consultant, prime contractor, subcontractor, supplier, or vendor, that has submitted a bid or proposal, has been selected to do business, or is doing business with the City, including selling or leasing supplies, or goods, or providing construction, financial, professional, or other services, in return for a fee or any other form of compensation. “Chief” means the Chief of the Minority and Women’s Business Opportunity Office. “City” means the City of Baltimore and those agencies, boards, commissions, government authorities, and corporations authorized to act on behalf of, or as agent for, the City of Baltimore. “Commercial customer” means a business entity that has procured or attempted to procure goods or services from another business entity for business purposes, as opposed to personal, family, or household purposes. “Contract” means an agreement with any business firm let by or on behalf of the City for that business firm to sell or lease supplies, or goods, or provide construction, financial, professional, or other services, in return for a fee or any other form of compensation. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or treatment of a vendor, supplier, subcontractor, commercial customer, or any other business entity on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, disability, or any other form of unlawful discrimination regarding the characteristics of that business entity’s employees or owners. “Discrimination” does not include otherwise lawful efforts, including those specified in Subtitle 28, {“Minority and Women’s Business Enterprises”} of <cite data-path="|5">this Article</cite>, to remedy the effects of discrimination that has occurred or is occurring in the marketplace. “Financial institution” means any person or entity engaged in the business of lending money, guaranteeing loans, extending credit, securing bonds, or providing venture or equity capital to business entities, or that offers financial services in connection with City projects or the administration of City government. “Financial institution” includes any bank, savings and loan association, venture capital company, insurance company, bonding company, mortgage company, credit union, and broker. “Hearing examiner” means an individual appointed by the City Solicitor to conduct hearings under this subtitle. “Office” means the Minority and Women’s Business Opportunity Office. “Subcontract” means an agreement for the performance of a particular portion of work to be performed under a contract with the City. Ord. 06-186 Ord. 22-125

This subtitle applies to all business firms and all contracts to which the City is a party. A claim of discrimination may be investigated and adjudicated under this policy only if the claim alleges that:the discrimination was committed by a business firm within the applicable limitations period set forth in <cite data-path="|5|§29-7">§ 29-7 of this subtitle</cite>; and the discrimination occurred in the Baltimore City Market Area. Discrimination is deemed to have occurred in the Baltimore City Market Area only if:each party either operated a place of business in, or resided in, the Baltimore City Market Area at the time of the discrimination; or the discriminatory act was committed in the Baltimore City Market Area. Every contract and other agreement between the City of Baltimore and any governmental agency, quasi-governmental agency, corporation, developer, or contractor, under which the agency, corporation, developer, or contractor receives any fiscal assistance from or through the City for the purpose of contracting with businesses to perform real estate development, renovation, maintenance, or other services, must require the agency, corporation, developer, or contractor to comply with this subtitle in awarding and administering that contract or agreement. Ord. 06-186

The provisions of this subtitle are to be liberally construed to accomplish its policies and purposes. Ord. 06-186 Ord. 22-125

This subtitle may be cited as the “Commercial Non-Discrimination Policy”. Ord. 06-186

It is the policy of the City of Baltimore not to accept bids or proposals from, nor to engage in business with, any business firm that has discriminated on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, disability, or any other form of unlawful discrimination in its solicitation, selection, hiring, or treatment of another business. Ord. 06-186

Any adult person, business entity, association, organization, or government agency may file an administrative complaint with the Chief stating facts showing or tending to show that a business firm has engaged in discrimination against one or more other businesses. The complaint must be filed within 4 years from the date it accrues. Within 10 business days, the Chief shall notify the business firm against whom the complaint was filed that a complaint has been received. Ord. 06-186

The Office’s investigative unit shall review and investigate discrimination complaints filed under this subtitle. The City Solicitor in consultation with the Chief shall exercise his or her best judgment to assign Office staff persons, other City personnel, and outside consultants to the investigative unit as necessary to conduct investigations in a comprehensive, fair, competent, and efficient manner. The investigative unit shall seek all relevant evidence from the complainant, from the respondent business firm, and from external sources relating to the allegations of the complaint. Ord. 06-186

Based upon the investigative unit’s review and investigation, the Chief shall make an initial non-binding finding of each allegation stated in the complaint, that either:the investigation produced sufficient evidence to find that the alleged discrimination did take place (“sustained”); the investigation failed to produce sufficient evidence to find that the alleged discrimination took place (“not sustained”); the investigation produced sufficient evidence to find that the alleged discrimination did not take place (“unfounded”); the investigation produced sufficient evidence to establish that the complainant knowingly made one or more false or frivolous allegations (“false or frivolous”); the allegation has been settled or otherwise resolved with the agreement of the interested parties; or the allegation has been withdrawn. The Chief shall recommend to the City Solicitor, or his or her representative, appropriate action to be taken. That action may include additional investigation of the complaint, sanctions, remedies, or other action consistent with this subtitle. In making the initial finding and recommendation, the Chief may consider evidence regarding:whether there was an intent to discriminate on the part of the respondent business firm; whether there was a pattern and practice of discrimination on the part of the respondent business firm; any actions taken by the respondent business firm to remedy the alleged discrimination; the effectiveness of any prior attempts by the respondent business firm to remedy the discrimination; whether the respondent business firm had procured goods or services from or otherwise engaged in business with persons or entities of the same protected class as the complainant to an extent sufficient to demonstrate that the respondent had not discriminated against such protected class in the overall context of its business; and any other evidence deemed relevant by the Chief. The Chief shall make the initial finding based upon a preponderance of the evidence. The initial non-binding findings and recommendations shall be made by the Chief within 120 calendar days of receipt of the complaint. The City Solicitor may extend this time limit at the request of the Chief either for good cause, or if the parties agree to mediate a settlement to the complaint. The Chief shall notify the complainant and the business firm within 5 business days of the issuance of the initial non-binding findings and recommendations, including an explanation of the reasons justifying the initial findings. Ord. 06-186

If the Chief determines that one or more allegations are sustained, the business firm against whom the allegations were made shall be entitled to an administrative hearing on the allegations and an opportunity to participate in the administrative hearing. The business firm must request an administrative hearing by filing a written request with the Chief within 15 calendar days of notice of the initial findings and recommendations. If the business firm fails to properly request an administrative hearing, the initial non-binding findings and recommendations shall become the final administrative decision of the City pending review and approval by the Board of Estimates. If the business firm does request an administrative hearing, the Chief shall so notify the City Solicitor immediately, and within 10 days, the City Solicitor shall appoint a hearing examiner for purposes of conducting the administrative hearing. The administrative hearing shall be held by the hearing examiner within 90 calendar days of the appointment of the hearing examiner. The City Solicitor shall establish regulations, as necessary, that are in accordance with this Subtitle and any due process rights to which any party is entitled, to further specify the procedures and standards by which these administrative hearings are conducted. At a minimum, the hearing shall afford all parties an opportunity to present witnesses, conduct direct and cross-examination of witnesses, introduce relevant evidence, submit briefs, and present oral argument. Findings shall be made by the hearing examiner based upon a preponderance of the evidence presented. Consistent with the State Public Information Act, Title 4 of the State <cite data-path="|general">General Provisions Article</cite>, and with the State Open Meetings Act, Title 3 of the State <cite data-path="|general">General Provisions Article</cite>, the hearing examiner may issue protective orders for good cause for the following reasons:to limit, or otherwise impose conditions on, access by any person to any document in the possession of a party, including a document in the City’s possession or in the record of the hearing that is not a public record; or to close all or any portion of the hearing, or otherwise impose conditions on access to the hearing by any person. Within a reasonable period of time not to exceed 120 days after the closing of the hearing record, the hearing examiner shall prepare a written decision that may affirm or reject the initial findings and recommendations, may substitute different findings and order appropriate remedies, or may return the case to the Chief for further investigation and findings to be completed within a period of time specified by the hearing examiner. The hearing examiner’s written decision shall be based upon a preponderance of the evidence contained in the hearing record, and shall reflect the evidentiary basis for its findings. At the hearing, the City shall have the burden of proof based upon a preponderance of the evidence. Ord. 06-186 Ord. 16-503

When a complaint is sustained in a final administrative decision, the hearing examiner or the Board of Estimates may order any one or more of the following actions:any remedy agreed to by the respondent business firm, the complainant, and the City; recommendation to, or implementation of procedures by, the City Solicitor and the Board of Estimates for debarment of the respondent business firm from bidding and contract awards on City projects for a period of not more than 5 years; rescission, suspension or termination of any current contract between the respondent business firm and the City; referral of the matter for criminal prosecution for fraud and other violations of law, if appropriate under the circumstances; or The Board of Estimates or Hearing Examiner may order the parties to subject the complaint to mediation. Ord. 06-186

If the Chief determines that one or more allegations of a complaint are false and that the complainant knew them to be false when filed, or that one or more of the allegations of a complaint are frivolous and without merit, the Chief may refuse to review or investigate any complaint filed under this subtitle by the same complainant for a period of up to 3 years. The Chief may also recommend to the hearing examiner or the Board of Estimates that monetary sanctions be imposed against the complainant in the amount of the costs incurred for the investigation and review of the false or frivolous complaint. Ord. 06-186

A business firm against whom a complaint has been filed or a complainant may appeal the decision of the hearing examiner by filing a request for an appeal in writing with the City Solicitor within 10 calendar days from service of the notice of the decision. The City Solicitor, or his or her representative, shall within 10 calendar days of receipt of the request for appeal, notify all parties that an appeal has been requested, and refer the matter to the Board of Estimates to hear the appeal. The City Solicitor shall also transfer the entire record of the investigation and administrative hearing to the Board of Estimates in advance of the appeal hearing. The appeal shall be heard and the Board of Estimates shall render a final administrative decision within 90 calendar days of receipt of the request for appeal. At the appeal hearing, the Chief or the Chief’s designee shall be responsible for presenting the justifications for its findings and recommendations as previously sustained or modified by the hearing examiner. Ord. 06-186

A party aggrieved by a final decision of the Board of Estimates under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 06-186 Ord. 19-332

Every contract and subcontract shall contain a nondiscrimination clause that reads as follows: Contractor shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or commercial customers. Contractor shall provide equal opportunity for subcontractors to participate in all of its public sector and private sector subcontracting opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace, such as those specified in <cite data-path="|5">Article 5</cite>, Subtitle 28 of the Baltimore City Code, as amended from time to time. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. Ord. 06-186

All requests for bids or proposals issued by the City shall include a clause that reads as follows: As part of its bid or proposal, Bidder shall provide to the City a list of all instances within the past 5 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder has discriminated against its subcontractors, suppliers, vendors, or commercial customers on the basis of race, gender, religion, national origin, ethnicity, sexual orientation, gender identity or expression, age, or disability, and a description of any resulting sanction entered and remedial action taken. Ord. 06-186

Every contract shall include a clause that reads as follows: Upon the City’s request, and only after the filing of a complaint against Contractor pursuant to <cite data-path="|5">Article 5</cite>, Subtitle 29, of the Baltimore City Code, as amended from time to time, Contractor agrees to provide the City, within 60 calendar days, a truthful and complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the Baltimore City Market Area as defined in <cite data-path="|5">Article 5</cite>, §28-1(d) of the Baltimore City Code, as amended from time to time, including the total dollar amount paid by Contractor for each subcontract or supply contract. Contractor agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Commercial Non-Discrimination Policy, as contained in <cite data-path="|5">Article 5</cite>, Subtitle 29, of the Baltimore City Code, as amended from time to time. Contractor understands and agrees that violation of this clause is a material breach of the contract and may result in contract termination, debarment, and other sanctions. Ord. 06-186

The remedies provided by this subtitle are in addition to any other statutory, legal, or equitable remedies that may be available and are not intended to be prerequisite to or exclusive of any other remedies. Ord. 06-186

The filing, investigation, hearing, and appeal of a complaint under this subtitle does not hinder or affect the award of, performance of, or payment on a contract prior to a final administrative decision that establishes a violation. Ord. 06-186

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the City Solicitor may adopt rules and regulations to carry out this subtitle. Ord. 06-186 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

For the purpose of this subtitle the following words have the meanings indicated unless their context clearly indicates otherwise. “Carrier” means:an insurer; a network delivery system; a nonprofit health service plan; a health maintenance organization; a preferred provider organization; a dental plan organization; or any person acting as a third party administrator. “Network delivery system” means a person or entity that provides health care services to covered individuals through a provider panel. “Provider” means a person licensed, certified, or otherwise authorized under the <cite data-doc="Md. Code" data-path="gho">Health Occupations Article of the Annotated Code of Maryland</cite> to provide health care services in the ordinary course of business or practice of a profession. “Provider” includes a health care facility, professional service corporation, partnership, limited liability company, professional office, or any other entity licensed or authorized by law to render professional services for or on behalf of a provider. “Provider panel” means a group of providers who have entered into a provider service contract with a carrier to provide services under the carrier’s health benefit plan. City Code, 1976/83, art. 1, §27C(a) Ord. 96-004 Ord. 22-125

Any person who submits to the City a bid or who contracts with the City to be a health care carrier or to provide health care services to Baltimore City employees or persons receiving health care through any entity funded by the City must prequalify pursuant to <cite data-doc="City of Baltimore, Md., Charter" data-path="VI">City Charter Article VI</cite>, §11(g), and the rules, regulations, and standards adopted by the Board of Estimates. The criteria for the prequalification of health care carriers shall include, but not be limited to:experience levels; financial history; and ethnic diversity of their respective provider panels. Each health care carrier interested in doing business with, or continuing to do business with the City of Baltimore in this regard shall apply for prequalification and be so prequalified. City Code, 1976/83, art. 1, §27C(b) Ord. 96-004 Ord. 16-503

Nothing in this subtitle shall be deemed to abrogate the authority of the Board of Estimates to award contracts pursuant to the authority provided by Article VI, §11 of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite><em>.</em> City Code, 1976/83, art. 1, §27C(c) Ord. 96-004

For the purpose of this subtitle, the following words have the meanings indicated unless their context clearly indicates otherwise. “Provider” means a person licensed, certified, or otherwise authorized under the <cite data-doc="Md. Code" data-path="gho">Health Occupations Article of the Annotated Code of Maryland</cite> to provide health care services in the ordinary course of business or practice of a profession. “Provider” includes a health care facility, professional service corporation, partnership, limited liability company, professional office, or any other entity licensed or authorized by law to render professional services for or on behalf of a provider. “Provider panel” means a group of providers who have entered into a provider service contract with a carrier to provide services under the carrier’s health benefit plan. City Code, 1976/83, art. 1, §27D(a) Ord. 96-077 Ord. 22-125

The Health Care Advisory Panel shall consist of: the Commissioner of the Baltimore City Health Department; the Director of Human Resources; the Labor Commissioner; a member of the City Council Health and Environment Committee as chosen by the Committee; a representative of the Medical and Chirurgical Faculty of Maryland as chosen by the general membership; a representative of the Maryland Hospital Association as chosen by the general membership; a representative of the Monumental City Medical Society as chosen by the general membership; a representative of the Black Mental Health Alliance as chosen by the general membership; a representative of Greater Maryland Coalition for Health Assurance, Inc. as chosen by the general membership; a representative of the Black Nurses Association of Baltimore as chosen by the general membership; a representative of the Maryland Association of Health Maintenance Organizations as chosen by the general membership; and a representative of the Metropolitan Council of the AFL-CIO. City Code, 1976/83, art. 1, §27D(b) Ord. 96-077 Ord. 04-822

The Health Care Advisory Panel shall conduct an annual review of all persons, providers, or provider panels prequalified to provide health care services to employees or dependents of employees of the City of Baltimore. The annual review shall cover the evaluation criteria adopted by the Board of Estimates, including, but not limited to, the following evaluation criteria:that each entity seeking to provide health care services under this subtitle consider all qualified applicants for its provider panel without regard to race, color, religion, sex, disability, sexual orientation, or national origin; that all solicitations or advertisements for applicants for membership on provider panels state that all qualified applicants will be considered without regard to race, color, religion, sex, disability, sexual orientation, or national origin; and that all participants in the prequalification process maintain a provider panel that meets certain criteria with respect to ethnic diversity as determined by the Board of Estimates. City Code, 1976/83, art. 1, §27D(c) Ord. 96-077 Ord. 22-124

The Health Care Advisory Panel shall submit a written report of its findings and recommendations to the Mayor and City Council and the Board of Estimates by April 30 of each year. City Code, 1976/83, art. 1, §27D(d) Ord. 96-077

In accordance with the provisions of <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11">Article VI, § 11 of the City Charter</cite>, in contracting for and purchase of foodstuffs and related perishables involving an expenditure of $40,000 or more, for the City or by any municipal agency, advertisements for proposals for the same shall first be published at least twice in 2 or more daily newspapers published in Baltimore City unless otherwise provided by the Charter. The first publication shall be made not less than 10 nor more than 30 days prior to the day set for opening the bids. All such contracts for foodstuffs and related perishables shall be made by the Board of Estimates in the manner provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(g)">Article VI, § 11(g) of the City Charter</cite>. The provisions of this section may be dispensed with in accordance with the conditions and provisions of <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(d)">Article VI, § 11(d) of the City Charter</cite>. City Code, 1966, art. 1, §88 1976/83, art. 1, §§89 and 90 Ord. 65-608

The contracting for and purchase of foodstuffs and related perishables involving an expenditure of more than $20,000 and less than $40,000, except those contracts awarded by the Board of Estimates pursuant to the provisions of <cite data-doc="City of Baltimore, Md., Charter" data-path="VI|§11|(g)">Article VI, § 11(g) of the City Charter</cite>, shall be submitted to the Board of Estimates for its approval and shall be binding upon the City only when so approved. City Code 1966, art. 1, §90 1976/83, art. 1, §91 Ord. 65-608

It shall not be necessary for any bidder who has been awarded a contract to supply foodstuffs or related perishables to the City of Baltimore or any agency thereof to furnish a performance bond when the total amount of the contract does not exceed $40,000. City Code, 1976/83, art. 1, §92 Ord. 74-600

In this subtitle, “recycled paper” means a paper product meeting the Environmental Protection Agency recommended content standards as defined in 40 C.F.R. Part 250. City Code, 1976/83, art. 1, §232(a) Ord. 91-772

Whenever feasible or practicable, the City shall use the following guidelines in procurement of paper and other goods: To the extent practicable, in procuring paper or paper products, the City shall purchase or approve for purchase only supplies that are produced from recycled paper and are recyclable. Of the total volume of paper that the City buys, at least 20% shall be recycled paper with a projected goal of 40%. No non-recyclable polystyrene products or products packaged in non-recyclable polystyrene shall be purchased. Where practicable, contracts shall specify that materials must be packaged in recycled and recyclable materials. In the purchase of non-paper goods, the Purchasing Agent shall review product specifications, and shall revise specifications, where appropriate, to include recycled content in the following product areas:re-refined oil; plastic products; auto parts; compost material; aggregate; insulation; solvents; and rubber products. To the extent practicable, no inks containing toxic components shall be used in any City publication. To the maximum extent possible, all photocopiers purchased by the City shall be capable of doing double-sided copying and using recycled paper. Wherever practicable, durable rather than non-recyclable disposable products shall be purchased. City Code, 1976/83, art. 1, §232(b) Ord. 91-772

Whenever feasible, all documents over 6 pages photocopied by the City shall be copied on both sides of the page. Contractors doing business with the City shall be advised of the City’s policies regarding recycled and recyclable materials. All bids and proposals shall be submitted on recycled and recyclable paper printed on both sides, where practicable, with removable or reusable bindings or staples. Any consultant producing reports for the City shall use recycled and recyclable paper printed on both sides, where practicable. City Code, 1976/83, art. 1, §232(c) - (e) Ord. 91-772

The provisions of this subtitle and their applications are subject to the authority of the Board of Estimates as set forth in Article VI, §11 of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>. City Code, 1976/83, art. 1, §232(f) Ord. 91-772

There is a Commission on Sustainability The Commission consists of 21 members, 20 of whom are appointed by the Mayor in the manner prescribed by <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>. The 20 appointed members shall represent:community organizations; environmental groups representing all elements of environmental sustainability, including but not limited to air quality, water quality, green building techniques, energy conservation, and alternate transportation; labor unions; public health and environmental justice; private industry, to include but not limited to restaurants and bars, packaging industry, and recycling industry; the Mayor’s office; City agencies; and persons with a general interest in environmental issues. The 21<sup>st</sup> member shall be a member of the City Council appointed by the Council President. Ord. 07-488

The terms of each member is 4 years, concurrent with the Mayor’s term of office, and until a successor qualifies and takes office. The Mayor shall appoint one member as Chair of the Commission or may appoint two members as Co-Chairs of the Commission. Ord. 07-488 Ord. 20-417

No member of the Commission may receive any compensation for services, but each member may be reimbursed for necessary and proper expenses incurred in the performance of his or her duties. Ord. 07-488

The Commission shall prepare a Comprehensive Sustainability Plan and, from time to time, recommend appropriate amendments to the Plan. The Commission shall monitor the Office of Sustainability and that Office’s incorporation and implementation of the Comprehensive Sustainability Plan. The Commission shall report annually to the City Council on its activities. Ord. 07-488

The Commission’s Comprehensive Sustainability Plan shall: discuss all elements of sustainability, including air quality, water quality, resource conservation and recycling, energy, public health, environmental justice, reduction of greenhouse emissions, and increasing use of alternative means of transportation; establish 3-, 5-, and 10-year sustainability targets, including making City government operations achieve, by January 1, 2045, net-zero emissions, as defined in City Code <cite data-path="|1|§34-1|(f)">Article 1, § 34-1(f)</cite>, while ensuring that capital investments associated with achieving net-zero emissions are prioritized to the extent possible in the communities most impacted by climate change and pollution, as determined by the Director create public and private sustainability initiatives, to include but not limited to standards for city purchasing, incentives for citizens and businesses to recycle and purchase recycled goods, incentives for energy conservation, and water quality improvements; describe the resources and responsible agencies and others needed to implement the Plan; include a public information component; establish key sustainability indicators to track progress of Plan implementation; establish key environmental justice indicators to track community impacts of plan; and set criteria and recommend mandatory measures for annual reporting to the City Council on:Energy Consumption Reports, as required in City Code <cite data-path="|5|§45-2">Article 5, § 45-2</cite>; Comprehensive Recycling and Composting Plan, as prescribed in City Code <cite data-path="|23|§16-2">Article 23, § 16-2</cite>; community environmental health metrics, including the parity or disparity of benefits and burdens across different population groups, and including the decrease in metric tons of criteria pollutants, which include:carbon monoxide; ground-level ozone; lead; nitrogen dioxide; particulate matter; and sulfur dioxide; and greenhouse gas emissions reduction reports. Ord. 07-488 Ord. 22-131

The Department of Planning will provide staff for Commission in the development and implementation of the Plan. The Commission may employ, as provided in the Ordinance of Estimates, consultants and other personnel necessary for the proper performance of its duties. Ord. 07-488

To be become effective, the Sustainability Plan or an amendment to it must be approved by an Ordinance of the Mayor and City Council. Ord. 07-488

The Sustainability Plan will be incorporated into the City’s Comprehensive Master Plan as an appendix. Ord. 07-488

As used in this subtitle, the following terms have the meanings indicated unless their context clearly indicated otherwise. “Subcontract” means any agreement between a vendor and another person for the performance of work under a procurement contract. “Vehicle procurement contract” means every agreement entered into by the City Purchasing Agent or a City agency with a vendor to buy, rent, lease, or otherwise obtain or acquire passenger cars and trucks. “Vendor” means any person who enters into a vehicle procurement agreement with the City Purchasing Agent or a City agency. City Code, 1976/83, art. 1, §233 Ord. 91-773 Ord. 22-125

The Mayor and City Council of Baltimore find that:the economy and general welfare of this City and its people, as well as the economy and welfare of the State of Maryland and the United States, is adversely affected when international fair trade laws are not being equitably applied to all nations; unfair trade practices have resulted in foreign products saturating city, state, and national markets, which places American businesses and industry in an untenable competitive posture; the erosion of American industry, especially the automobile industry, has already translated into the loss of thousands of American jobs; the taxes paid to the City and the State by local workers engaged in the production, construction, and sale of such products provide a significant source of public revenue in Baltimore City and the State of Maryland; and with the reduction of the tax base and the loss of other revenue caused by plant closings, the loss of jobs, and related economic dislocations and relocations, the City is faced with a great fiscal burden when thousands of our citizens must seek public assistance. The Mayor and City Council of Baltimore City declares that it is the policy of this City that:the City Purchasing Agent and all City agencies, at all times, shall aid and promote the economy of the City and likewise the State and the United States by making every reasonable effort to ensure that passenger cars and trucks purchased through the City’s procurement system be produced in the United States; the first option in the purchase of passenger cars and trucks by any City agency should be the purchase of such items that are completely produced in the United States; a program be established by September 30, 1991, to inform bidders of the City’s policy for passenger cars and trucks of American businesses; as a first step in the process, this policy shall apply to the procurement of all passenger cars and trucks; and additional products shall be added by executive order or legislation of the Baltimore City Council. City Code, 1976/83, art. 1, §234 Ord. 91-773

All passenger cars and trucks which are provided pursuant to a vehicle procurement contract or subcontract shall be manufactured or assembled in the United States. City Code, 1976/83, art. 1, §235 Ord. 91-773

A vehicle procurement contract and any subcontract to a vehicle procurement contract shall contain a notice notifying the City Purchasing Agent when any passenger cars and trucks or any component or part of any of them that are provided under vehicle procurement contract or subcontract are manufactured or produced in any other nation except the United States. The City Purchasing Agent and all City agencies shall include in all City bids and requests for bids a statement of the City’s policy on the preference for passenger cars and trucks made or assembled by American businesses. All bids submitted to the City Purchasing Agent or City agencies shall identify when passenger cars and trucks of American businesses have been included in the bid. The City Purchasing Agent shall submit an annual report to the Mayor and City Council on the number and amount of contracts that included the purchase of passenger cars and trucks as provided for in this subtitle. City Code, 1976/83, art. 1, §236 Ord. 91-773

This subtitle does not apply to any vehicle procurement contract or subcontract that involves a purchase of $16,000 or less. This subtitle does not apply to the purchase of any passenger cars and trucks that the City Purchasing Agent has certified in writing are:not produced in sufficient quantity in the United States to meet the agency’s requirements; or not available in the United States in the necessary time to meet the agency’s requirements. City Code, 1976/83, art. 1, §237 Ord. 91-773

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Finance may adopt rules and regulations to carry out the provisions of this subtitle. City Code, 1976/83, art. 1, §238 Ord. 91-773 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

In this subtitle, the following terms have the meanings indicated, except as otherwise expressly provided. “Administrative fleet” means the group of City-owned, leased, or rented vehicles with gross vehicle weight ratings of 8,600 pounds or less. “Subcontract” means any agreement between a vendor and another party for the performance of work under a vehicle procurement contract. “Vehicle” has the meaning stated in City Code <cite data-path="|31|§1-3|(q)">Article 31, § 1-3(q) {“Definitions — S to Z : . . . Vehicle”}</cite>. “Vehicle procurement contract” means an agreement entered into by the City Purchasing Agent or a City agency with a vendor to buy, rent, lease, or otherwise obtain or acquire a vehicle. “Vendor” means a person who enters into a vehicle procurement contract with the City Purchasing Agent or a City agency. “Vocational fleet” means the group of City-owned, leased, or rented vehicles with gross vehicle weight ratings of more than 8,600 pounds. “Zero-emission vehicle” means a vehicle that meets the State’s zero-emission vehicle requirements, as described in <cite data-doc="Code of Maryland Regulations" data-path="26.11.34.09">COMAR 26.11.34.09</cite>. “Zero-emission vehicle equivalent” means a zero-emission vehicle that possesses the same capabilities as a traditional vehicle powered by an internal combustion engine. “Zero-emission vehicle infrastructure” means the structures, machinery, equipment, and utilities necessary to support the use and maintenance of a zero-emission vehicle.

City agencies must increase their procurement of zero-emission vehicles so that 100% of all vehicles purchased, leased, or rented for the administrative fleet will be zero-emission vehicles by January 1, 2030.

This subtitle only applies to vehicle procurement contracts or subcontracts worth $16,000.00 or more. The Department of General Services shall:determine if a zero-emission vehicle equivalent is available to satisfy each vehicle procurement contract and subcontract; and if the Department determines that a zero-emission vehicle equivalent is available, recommend at least 1 zero-emission vehicle equivalent to the City Purchasing Agent to satisfy the vehicle procurement contract or subcontract. The Department of General Services shall consider the following factors when determining if a zero-emission vehicle equivalent is available to satisfy a vehicle procurement contract or subcontract:operational and reliability specifications; cost; and market availability. In determining equivalency, analysis of the “cost” factor required by paragraph (2) shall include:the evaluation of the available zero-emission vehicle infrastructure and whether it is sufficient to support zero-emission vehicles to be procured under the subject vehicle procurement contract or subcontract; and what, if any, construction of new zero-emission vehicle infrastructure is required to support the procurement of zero-emission vehicles under the subject vehicle procurement contract or subcontract. If the Department of General Services determines that a zero-emission vehicle equivalent is unavailable to fulfill a single vehicle procurement contract or subcontract the Department shall deliver a certified determination by the Director or the Director’s designee to the City Purchasing Agent containing:an explanation of the determination; the Department’s analysis of the following factors:operational and reliability specifications; cost; and market availability; and supporting materials.

The City Purchasing Agent and all City agencies shall include, in all City bids and requests for bids for a vehicle procurement contract, a statement of the City’s policy on zero-emission vehicles.

The Department of General Services, with cooperation from all City agencies, shall submit an annual report to the Mayor and City Council that includes: the quantity and value of all vehicle procurement contracts and subcontracts both ongoing and new within the past year; an accounting of both the administrative fleet and the vocational fleet, including:the number of vehicles; the life cycle age of each vehicle; the planned replacement year for each vehicle; and a determination if there is currently a zero-emission vehicle equivalent available to replace the vehicle; a list of all vocational fleet vehicles replaced during the preceding year and an explanation why a zero-emission vehicle equivalent was not selected; an assessment of when it will be both operationally and fiscally appropriate to create fixed zero-emission vehicle equivalent replacement goals for the vocational fleet; and an assessment of zero-emission vehicle technology and analysis of how that technology will impact the City’s Sustainability and Environmental Management Plan, specifically the Plan’s measures for developing, implementing, and coordinating the City policies that make all City operations achieve net-zero emissions by January 1, 2045.

Subject to <cite data-path="|general|4">Title 4 {“Administrative Procedure Act – Regulations”}</cite> of the City General Provisions Article, the Director of Finance and the Director of the Department of General Services may adopt rules and regulations to carry out the provisions of this subtitle.

The City Purchasing Agent is authorized to send out with certain purchase orders to city suppliers a draft or other form of payment to cover the cost of the goods or services on the order. City Code, 1976/83, art. 5, §13B(1st sen.) Ord. 80-182 Ord. 82-663

The drafts shall bear the signatures of:the City Purchasing Agent or the Acting City Purchasing Agent in the absence of the City Purchasing Agent; and another person from the Bureau of Purchases designated by the Director of Finance. 1 of the 2 signatures must be manual. City Code, 1976/83, art. 5, §13B(3rd, 4th sens.) Ord. 80-182 Ord. 82-663

The maximum dollar amount of a draft shall be $2,000. City Code, 1976/83, art. 5, §13B(2nd sen.) Ord. 80-182 Ord. 82-663

For the purpose of this subtitle, the following words have the meanings indicated unless their context clearly indicates otherwise. “City” means Mayor and City Council of Baltimore, the body politic and corporate as established by <cite data-doc="City of Baltimore, Md., Charter">the Baltimore City Charter</cite>. “Construction estimate” means that document signed by the contractor, the inspector, the proper division and bureau chief, and the Director of Public Works, the Director of General Services, or the Director of Transportation, whichever has jurisdiction, certifying that certain work has been completed on a construction contract. “Contractor” means any person having a contract with the City. “Contractor” does not include employees with labor contracts. “Director” means the Director of Finance. “Payment date” means the date of the Director’s check. “Proper invoice” means an invoice which contains the contractor’s federal Employer’s Identification Number or Social Security Number and the contract or purchase order number or other description of the contract and which contains or is accompanied by such substantiating information and documentation as required by the Director. “Receipt date” means the date that a proper invoice and receiving notice or, in the case of a construction contract, a proper construction estimate is received and recorded by the Bureau of Payroll and Disbursements. City Code, 1976/83, art. 1, §27A(a) Ord. 89-280 Ord. 15-435 Ord. 22-125

It is the policy of this City that payment pursuant to any authorized, written procurement contract shall be made by the City to the contractor not later than 30 calendar days from the receipt date of a proper invoice. Payment pursuant to a construction contract shall be made by the City to the contractor not later than the date specified in the contract or, if no date is specified, then not later than 30 days from the receipt date of a proper construction estimate. City Code, 1976/83, art. 1, §27A(b) Ord. 89-280

Any amount due and payable pursuant to law and under an authorized, written procurement contract or a construction contract which remains unpaid for more than 45 calendar days after the receipt date shall accrue interest, at a rate specified by the Board of Estimates, for the period that begins 31 calendar days after the receipt date. If the written construction contract specifies a date before which payment must be made by the City, then the provisions of that contract shall apply to the payment of interest by the City. City Code, 1976/83, art. 1, §27A(c) Ord. 89-280

The City is not liable for the payment of interest pursuant to this subtitle: if a proper invoice for accrued interest is not submitted within 30 calendar days after the payment date of the amount on which the interest accrued; if there is a dispute between the City and the contractor; for more than 1 year following the 31<sup>st</sup> calendar day after the receipt date; or on amounts representing unpaid interest. City Code, 1976/83, art. 1, §27A(d) Ord. 89-280

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Finance may adopt rules and regulations approved by the Board of Estimates to carry out this subtitle. The Director may charge the contracting City agency the interest provided for in this subtitle when the City agency is the cause of any delay requiring the payment of interest; otherwise the Department of Finance shall pay the interest provided for in this subtitle. City Code, 1976/83, art. 1, §27A(e) Ord. 89-280 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (a) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The City Purchasing Agent shall establish a telephone line or system of telephone lines known as the Vendors’ Hot Line. Any City agency that uses the hot line to advertise contract opportunities shall contribute its proportional share to the cost of the hot line operation. City Code, 1976/83, art. 1, §228(a) Ord. 88-057 Ord. 90-594 Ord. 91-771

The primary purpose of the Vendors’ Hot Line is to provide callers with prerecorded information on all contracting opportunities that are currently available with agencies or departments of the City of Baltimore. The Vendors’ Hot Line shall provide by prerecorded message to callers the following information:the title of the bid and other identifying information on the contract; the nature of the procurement, including whether the procurement is for supplies, services, construction, or commodities; the amount of deposit required, if any; a reference to the MBE/WBE requirements; a reference to the City’s policy and requirements regarding recycled and recyclable materials; the date, time, and place for submission of bids; a brief description of the type of supplies, services, commodities, or construction being sought and whether the offer is for term contract <em>{sic}</em>; where and when further information on the contract may be obtained; and any other information the Director of Purchasing considers appropriate and practicable. City Code, 1976/83, art. 1, §228(b), (c) Ord. 88-057 Ord. 90-594 Ord. 91-771 Ord. 22-124

The Director of Purchasing shall have the Vendors’ Hot Line in operation on or before October 1, 1988. Thereafter, the information on the Vendors’ Hot Line shall be updated at least once each week. City Code, 1976/83, art. 1, §228(d) Ord. 88-057 Ord. 90-594 Ord. 91-771

In this subtitle, the following words have the meanings indicated. “Board” means the Baltimore City Board of Estimates. “Business” means any commercial activity conducted by a person. “City” means:the Mayor and City Council of Baltimore; and any of its agencies, instrumentalities, or units. “Contract” means any agreement in any form. “Controlling stockholder” means a stockholder who:owns more than 25% of the voting stock of a corporation; or notwithstanding the number of shares that the stockholder owns, has the power to direct or control the direction of the management or policies of a corporation. “Convicted” includes an accepted plea of nolo contendere. “Principal” means:a sole proprietor; a partner, officer, director, or controlling stockholder; or an employee directly involved in the process of obtaining contracts with public bodies. “Public body” means:the United States; the State of Maryland; the City of Baltimore; any other local governmental unit in the State, including a county, a municipal corporation, or a bicounty or multicounty governmental entity; and any agency, instrumentality, or unit of these entities. Ord. 00-005 Ord. 22-125

For purposes of this subtitle, the Board may treat the imposition of probation before judgment as a conviction. Ord. 00-005

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Board may adopt rules and regulations to carry out this subtitle. Ord. 00-005 Text Conformed 02/14/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

All notices required to be given under this subtitle must be in writing. Ord. 00-005

A person is debarred by operation of law from entering into a contract with the City if the person has been convicted under the laws of this State or of the United States for bribery, attempted bribery, or conspiracy to bribe, committed in furtherance of obtaining a contract with a public body. Ord. 00-005

The Board may debar a person from entering into a contract with the City, if the person: has been convicted under the laws of this State or of the United States for bribery, attempted bribery, or conspiracy to bribe, committed other than in furtherance of obtaining a contract with a public body; has been convicted under the laws of another state of bribery, attempted bribery, or conspiracy to bribe; or during the course of an official investigation or other proceeding, has admitted, in writing or under oath, an act or omission that would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of this State, another state, or the United States. Ord. 00-005

The Board may debar a person from entering into a contract with the City if that person, or a principal of that person, or any other person substantially involved in that person’s contracting activities:has been convicted under the laws of the City, this State, another state, or the United States of:a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property; has been convicted of a criminal violation of an antitrust statute of this State, another state, or the United States; has been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act or of the Mail Fraud Act for acts in connection with the submission of bids or proposals for a public or private contract; has been convicted of a violation of Title 14 {“Preferences”}, Subtitle 3 {“Minority Business Participation”} of the State Finance and Procurement Article; has been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described in paragraphs (1) through (5) of this subsection; has been found civilly liable under an antitrust statute of this State, another state, or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or has been found in a final administrative determination to have violated the City’s Commercial Non-Discrimination Policy, as set forth in Subtitle 29 of <cite data-path="|5">this article</cite>. The Board may debar a person from entering into a contract with the City if, during the course of an official investigation or other proceeding, that person, or a principal of that person, or any other person substantially involved in that person’s contracting activities has admitted, in writing or under oath, an act or omission that constitutes grounds for conviction or liability under any law described in subsection (a) of this section. Ord. 00-005 Ord. 06-186

The Board may debar a person from entering into a contract with the City: if the Board finds that the person was established or operates in a way designed to evade the application of this subtitle or to defeat the purpose of this subtitle; if the person is a principal, successor, assignee, subsidiary, or affiliate of a person who is debarred or suspended; for one of the following violations of a contract provision, if the Board believes the violation to be serious enough to justify debarment:the deliberate failure to perform in accordance with the specifications or within the time limits provided in a contract; or within the preceding 5 years, the failure to perform or the unsatisfactory performance in accordance with the terms of 1 or more contracts, unless the failure to perform or unsatisfactory performance was caused by acts beyond the control of the person; or for any other cause that the Board determines to be so serious as to affect the integrity of the procurement process. Ord. 00-005

The City Solicitor may designate one or more Assistant Solicitors to perform the functions and duties assigned by this subtitle. Ord. 00-005

The City Solicitor shall promptly report to the Board any information that indicates a basis for instituting debarment proceedings under this subtitle. Ord. 00-005

The City Solicitor shall investigate the matters to be determined by the Board in any hearing held under this subtitle. Ord. 00-005

This section applies whenever the City Solicitor reasonably believes that a person may have information or may possess or have custody of or control over any potential evidence, wherever situated, that the City Solicitor believes is relevant to an investigation under this subtitle. Before making any recommendation to the Board, the City Solicitor may serve on a person described in subsection (a) of this section a written investigative demand that requires the person to do one or more of the following:be examined under oath; answer written interrogatories; or produce documentary material for inspection and copying. The demand of the City Solicitor shall:state the matter under investigation; describe the documentary material to be produced with sufficient specificity to indicate fairly the material demanded; contain a copy of the written interrogatories to be answered; specify the place for taking testimony and for producing documentary materials; and prescribe a reasonable time of not less than 3 days after the demand is served within which the person must comply with the demand. If the person fails to comply with the demand, the City Solicitor may apply to a court of appropriate jurisdiction for an order requiring compliance. Ord. 00-005

On completing the investigation of a person, the City Solicitor may recommend to the Board whether the Board should: institute debarment proceedings against the person; and suspend the person pending a final decision. Ord. 00-005

As a party to any proceeding brought under this subtitle, the City Solicitor may: present to the Board the evidence that the City Solicitor considers appropriate; and recommend to the Board:whether the Board should debar the person; and the appropriate time period for the debarment. Ord. 00-005

Each agency, instrumentality, and unit of the City shall promptly report to the Board any information that indicates a cause for debarment under:§ 40- 5 {“Automatic debarment for certain bribery offenses”}; § 40-6 {”Other bribery offenses”}; § 40-7 {“Violations of other laws”}; or § 40-8 {“Other events”}. The Board shall seek to obtain from the State Board of Public Works timely copies of reports made to the State Board under § 16-302 of the State Finance and Procurement Article. Ord. 00-005

This section applies if:a person is convicted of an offense described in <cite data-path="|5|§40-5">§ 40-5 {“Automatic debarment for certain bribery offenses”} of this subtitle</cite>; and that person or a business in which that person is a principal is seeking a contract with the City. When the Board learns of the conviction, the Board shall:notify the person of the person’s automatic debarment under <cite data-path="|5|§40-5">§ 40-5 of this subtitle</cite>; and give the person reasonable opportunity to be heard on whether the stated basis for debarment exists. Ord. 00-005

This section applies if:a person is subject to debarment under § 40-6 {“Other bribery offenses”}, § 40-7 {“Violations of other laws”}, or <cite data-path="|5|§40-8">§ 40-8 {“Other events”} of this subtitle</cite>; and that person or a business in which that person is a principal is seeking or is performing under a contract with the City. When the Board receives information that indicates a basis for debarring a person under § 40-6, § 40-7, or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the Board may institute debarment proceedings by notice to that person. The notice shall state:the grounds for the debarment; the person’s right to a hearing before the Board; and that the right to a hearing is waived unless the person files a request for hearing as required by subsection (c) of this section. A request for a hearing must be:in writing; and filed with the Board within 30 days after the person received the notice. If the person fails to file a request for hearing as required by subsection (c) of this section, the person:waives the right to a hearing; and is debarred. Ord. 00-005

Pending a final decision on a debarment, the Board may suspend any person against whom debarment proceedings have been instituted under this subtitle. A business is suspended to the same extent that a person is suspended under this section if:the suspended person’s debarment would cause the debarment of the business under <cite data-path="|5|§40-20">§ 40-20 {“Debarment of businesses”} of this subtitle</cite>; and the Board notifies the business of its suspension under this subsection. A person or business suspended under this section may petition the Board to modify or terminate the suspension. In its sole discretion, the Board may conduct a hearing on the petition. In considering the petition, the Board shall determine whether the integrity of the contracting process and the best interests of the City would be served by continuing, modifying, or terminating the suspension. The Board shall give the petitioner notice of the Board’s decision. Ord. 00-005

Within 90 days after receipt of a request for a hearing, the Board shall:conduct a hearing; and decide whether the person should be debarred. The time for hearing and decision may be extended by the Board for good cause shown. In a proceeding under § 40-6, § 40-7, or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the Board shall:determine whether the integrity of the contracting process and the best interests of the City would be served by debarring the person from entering into or performing contracts with the City; and for that purpose, consider all relevant factors, including:the nature and seriousness of the act that caused the person to be subject to debarment; the time the act occurred; whether and to what extent the person cooperated with authorities investigating the matter; the conditions under which the person cooperated; and the conduct of the person since the act occurred. The Board shall notify the person of the Board’s decision. The notice shall:state whether the person is debarred for the act in question; and if the person is debarred, state the period of debarment. Ord. 00-005

A business is debarred from entering into or performing under a contract with the City if the Board debars any principal in that business. A business debarred under subsection (a) of this section is debarred to the same extent as the debarred principal. A business remains debarred under this section:as long as the debarred person remains with the business in any principal capacity; or until the debarment is removed in accordance with this subtitle. The Board shall notify a business of any debarment of the business under this section. Ord. 00-005

If the conviction that was the basis for a debarment or suspension is reversed or otherwise voided, the debarment or suspension terminates automatically. Ord. 00-005

A person debarred under this subtitle may petition the Board for removal of the debarment as provided in this section. For a person debarred under § 40-5 or <cite data-path="|5|§40-6">§ 40-6 of this subtitle</cite>, the petition may be filed at any time after expiration of 5 years from:the date of the debarment; or in the case of an automatic debarment under § 40-5, the date of the Board’s notice under § 40-16 {“Notice and opportunity for hearing — automatic debarments”}. For a person debarred under § 40-7 or <cite data-path="|5|§40-8">§ 40-8 of this subtitle</cite>, the petition may be filed at any time after expiration of the earlier of:one-half of the period of debarment; or 5 years from the date of the debarment. Ord. 00-005 Ord. 14-307

Within 90 days after receipt of a petition, the Board shall:conduct a hearing; and decide whether the debarment should be removed. The time for hearing and decision may be extended by the Board for good cause shown. In deciding whether the debarment should be removed, the Board shall:determine whether the integrity of the contracting process and the best interests of the City would be served by continuing the debarment; and for that purpose, consider all relevant factors, including those listed in § 40-19(b) {“Hearing and decision: Factors to be considered”}. The Board shall notify the petitioner of the Board’s decision. The notice shall state:whether the debarment is removed or continued; and if continued, how long the petitioner must wait before again petitioning for reinstatement. Ord. 00-005

A person or business that is debarred or suspended under this subtitle may not, at any time during the period of debarment or suspension, be considered for the award of, be awarded, or perform, directly or indirectly, a contract with the City. Ord. 00-005

The Board shall keep a roster of all persons and businesses debarred or suspended under this subtitle. The roster is a public record. Ord. 00-005

On submitting a bid, proposal, or other offer or request for a contract with the City, a person must submit an affidavit as provided in this section. The affidavit shall state whether, to the best of the person’s knowledge, the person or any principal in the person’s business:has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of this State, any other state, or the United States; has been convicted of any offense described in <cite data-path="|5|§40-7">§ 40-7 of this subtitle</cite>; has been found civilly liable under an antitrust statute as described in <cite data-path="|5|§40-7">§ 40-7 of this subtitle</cite>; or is a principal, successor, assignee, subsidiary, or affiliate of a person who is debarred or suspended. The affidavit also shall contain the person’s affirmation that, in performing the contract with the City, it will not knowingly contract with a person or business debarred or suspended under this subtitle to provide, directly or indirectly, supplies, architectural services, construction or construction-related services, leases of real property, or any other goods or services. The requirements of this section are satisfied if the affidavit:incorporates by reference the statements contained in an affidavit filed with the City within the previous year; and states that those statements remain accurate. Ord. 00-005

Except as provided in subsection (b) of this section, debarment proceedings under this title must be instituted within 5 years after:the conviction or judgment that constitutes cause for debarment has become final; the admission that constitutes cause for debarment has been made; or the occurrence of any other event that constitutes a cause for debarment. Debarment proceedings may be brought after the period set forth in subsection (a) of this section if they are instituted within 1 year of when the Board discovered or, by the exercise of ordinary diligence, should have discovered the grounds for debarment. Ord. 00-005

The Board of Estimates shall establish and maintain a monthly list of all persons found in contempt of court by a federal court of appeals for failure to correct an unfair labor practice prohibited by the National Labor Relations Act (29 U.S.C. § 158, 49 Stat. 452). This list shall contain the names of those persons found to have engaged in these practices during the 2-year period before the date of the list. The Board will consider any company whose name appears on this list to have violated this ordinance and shall upon a formal charge and hearing of the facts, inform that company of its inadmission to the procedure for awarding of public works, services, or supply contracts or subcontracts. Nor shall any contract or subcontract be let to a bidder whose bid includes supplies from the adjudged violator. This restriction does not prohibit the awarding of a contract to a company whose name does not appear on such a list but whose goods manufactured include component parts manufactured by a company whose name does appear on the list. This restriction does not apply during an emergency situation when the listed person is the sole source of supply for the goods or services. City Code, 1976/83, art. 1, §17A Ord. 79-1165

No contract shall be awarded to an individual, organization, or corporation which, at the time of the award, owes delinquent taxes to Baltimore City. Beginning 60 days after the effective date of this section, any individual, organization, or corporation bidding or seeking to obtain the award for City contracts shall submit an affidavit attesting that all tax obligations have been met, and that no delinquent taxes are owed to Baltimore City. Any individual, or representative of an organization or corporation who misrepresents his or its tax status, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $1,000 and/or imprisoned not more than 90 days. City Code, 1976/83, art. 1, §17B Ord. 87-1027

The City of Baltimore may not purchase any tropical hardwood species listed in subsection (b) of this section, nor may any City-sponsored event utilize these products, nor may City public works contractors utilize these products. Tropical hardwood species include, but are not limited to, the following: <table> <thead> <tr> <th>Scientific Name</th> <th>Common Name</th> </tr> </thead> <tbody> <tr> <td>Vouacapoua Americana</td> <td>Acapu</td> </tr> <tr> <td>Pericopsis Elata</td> <td>Afrormosia</td> </tr> <tr> <td>Shorea Almon</td> <td>Almon</td> </tr> <tr> <td>Peltogyne Spp.</td> <td>Amaranth</td> </tr> <tr> <td>Guibourtia Ehie</td> <td>Amazaque</td> </tr> <tr> <td>Aningeria Spp.</td> <td>Aningeria</td> </tr> <tr> <td>Dipterocarpus Grandiflorus</td> <td>Apitong</td> </tr> <tr> <td>Ochrama Lagopus</td> <td>Balsa</td> </tr> <tr> <td>Virola Spp.</td> <td>Banak</td> </tr> <tr> <td>Anisoptera Thurifera</td> <td>Bella Rosa</td> </tr> <tr> <td>Guibourtia Arnoldiana</td> <td>Benge</td> </tr> <tr> <td>Detarium Senegalese</td> <td>Boire</td> </tr> <tr> <td>Guibourtia Demeusii</td> <td>Bubinga</td> </tr> <tr> <td>Prioria Copaifera</td> <td>Cativo</td> </tr> <tr> <td>Antiaris Africana</td> <td>Chenchen</td> </tr> <tr> <td>Dalbergia Retusa</td> <td>Concobolo</td> </tr> <tr> <td>Cordia Spp.</td> <td>Cordia</td> </tr> <tr> <td>Diospyros Spp.</td> <td>Ebony</td> </tr> <tr> <td>Aucoumea Klaineanal</td> <td>Gaboon</td> </tr> <tr> <td>Chlorophora Excelsa</td> <td>Iroko</td> </tr> <tr> <td>Acacia Koa</td> <td>Koa</td> </tr> <tr> <td>Pterygota Macrocarpa</td> <td>Koto</td> </tr> <tr> <td>Shorea Negrosensis</td> <td>Red Lauan</td> </tr> <tr> <td>Pentacme Controta</td> <td>White Lauan</td> </tr> <tr> <td>Shorea Polysperma</td> <td>Tanguile</td> </tr> <tr> <td>Terminalia Superba</td> <td>Limba</td> </tr> <tr> <td>Aniba Duckei</td> <td>Louro</td> </tr> <tr> <td>Khaya Ivorensis</td> <td>Africa Mahogany</td> </tr> <tr> <td>Swietenia Macrophylla</td> <td>Amer. Mahogany</td> </tr> <tr> <td>Tieghemella Heckelii</td> <td>Makore</td> </tr> <tr> <td>Distemonanthus Benthamianus</td> <td>Movingui</td> </tr> <tr> <td>Pterocarpus Soyauxii</td> <td>African Paudak {Padauk}</td> </tr> <tr> <td>Pterocarpus Angolensis</td> <td>Angola Paduak {Padauk}</td> </tr> <tr> <td>Aspidosperma Spp.</td> <td>Peroba</td> </tr> <tr> <td>Peltogyne Spp.</td> <td>Purpleheart</td> </tr> <tr> <td>Gonystylus Spp.</td> <td>Ramin</td> </tr> <tr> <td>Dalbergia Spp.</td> <td>Rosewood</td> </tr> <tr> <td>Entandrophragama Cylindricum</td> <td>Sapele</td> </tr> <tr> <td>Shorea Philippinensis</td> <td>Sonora</td> </tr> <tr> <td>Tectona Grandis</td> <td>Teak</td> </tr> <tr> <td>Lovoa Trichilioides</td> <td>Tigerwood</td> </tr> <tr> <td>Milletia Laurentii</td> <td>Wenge</td> </tr> <tr> <td>Microberlinia Brazzavillensis</td> <td>Zebrawood</td> </tr> </tbody> </table> After the effective date of this section:each wood vendor shall note on each invoice for wood products supplied <em>[the]</em> identity of the manufacturer of the products and that the material supplied is not tropical wood; and each public works general contractor shall certify that no tropical hardwoods are being used by prime or subcontractors in the awarded project. The Board of Estimates may exempt an item or type of product from the requirements of this section upon a showing that such item has no acceptable non-tropical wood equivalent or is required in a designated historic building. City Code, 1976/83, art. 1, §17C Ord. 90-635 Ord. 15-435

Nothing in this section applies to any contract, agreement, or memorandum of understanding for the access to or use of the Maryland Image Repository System. In this section, the following terms have the meanings specified. “Face surveillance” means an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of the individual’s face. “Face surveillance system” means any computer software or application that performs face surveillance. “Face surveillance system” does not include:a biometric security system designed to specifically to protect against unauthorized access to a particular location or an electronic device; or surveillance technology as defined in <cite data-path="|19|§18-1|(f)">Article 19, § 18-1(f) {“Definitions: Surveillance technology”}</cite>. The City of Baltimore may not purchase or otherwise obtain a face surveillance system or face surveillance systems. The City of Baltimore may not contract with another entity or individual, either directly or as a subcontract, for the use of face surveillance in the City. This section automatically expires on December 31, 2022, unless the City Council, after causing an appropriate study to be undertaken, conducting public hearings, and hearing testimonial evidence, finds that the prohibitions set forth in this section remain in the public interest, in which case this section may be extended for 5 more years. Ord. 21-038

The Department of Finance is hereby authorized to sell any tangible personal property belonging to the Mayor and City Council of Baltimore which is no longer needed for municipal purposes. Such sales may be either public or private and shall be made under such regulations as the Board of Estimates shall, from time to time, by resolution, adopt. The proceeds derived from all such sales shall be accounted for as other revenue received by the Mayor and City Council of Baltimore. City Code, 1976/83, art. 1, §139 Ord. 69-355

No bill for gas and electricity or steam furnished to the City may be paid by any department in the City unless the Department of General Services has certified the rate as correct. The Department of General Services has general supervision of the gas, electric, and steam meters in all departments of the City. City Code, 1950, art. 22, §20(4th sen.) 1966, art. 17, §20(4th sen.) 1976/83, art. 17, §19(5th sen.) Ord. 46-590 Ord. 76-056 Ord. 15-435

On or before January 1 of every year, each City agency shall provide the Department of Finance with an energy consumption report. This report shall state:how the agency has complied to date with the criteria and performance measures established by the Commission on Sustainability; the amount budgeted for energy consumption in the current fiscal year; the amount budgeted for energy consumption in the next fiscal year; and a plan to reduce energy consumption in the next fiscal year in accordance with the criteria and performance measures established by the Commission on Sustainability. The amounts shall be stated in:the units of energy billed by the sources, such as gallons, kilowatt-hours, or therms; the energy equivalent per year in the International System of Units (joules per year) or BTU’s by each energy source; the cost of each type of energy; and the total cost of energy for each agency. This information shall be transmitted by the Department of Finance to the City Council on or before March 1 of the same year. City Code, 1976/83, art. 1, §164A Ord. 81-237 Ords. 07-488

Every contract awarded by the City shall include a provision that: the contractor’s violation of any provision of City Health Title 7 {“Waste Control”}, Subtitle 6 {“Prohibited Disposal”}, constitutes a breach of the contract; and the City may determine, in its discretion, whether the violation is a material breach warranting termination of the contract. Ord. 09-202

Pursuant to <cite data-doc="Md. Code" data-path="gfl|2-404">State Family Law Article § 2-404(d), </cite>the Clerk of the Circuit Court shall:collect an additional fee of $75 for the issuance of a marriage license in Baltimore City, and transmit the proceeds from this additional fee to the Mayor and City Council of Baltimore on a monthly basis. The proceeds so transmitted shall be segregated in a special fund and available for appropriation for the sole purpose of operating domestic violence shelters which have a 24-hour intake ability. The Director of Finance shall disburse the monies in the special fund as provided by the appropriation and by any contracts entered into for this purpose. Any such contract shall provide for annual financial and operating reports to be made in writing and, if requested, by an appearance of a representative of the contractor before the Board of Estimates and/or the City Council or a designated subcommittee thereof. City Code, 1976/83, art. 5, §§13D and 13E Ord. 83-986 Ord. 86-749 Ord. 82-739 Ord. 11-412

The Director of Finance shall charge and receive the following fees: for affixing the City Seal to documents and papers — $2 for each impression; for authenticating copies of records — $1; for every search, and for every certificate to a copy — 25¢. City Code, 1950, art. 6, §11 1966, art. 5, §10 1976/83, art. 5, §10 Ord. 46-392 Ord. 65-658

There is hereby imposed a charge of $30 for each and every check or like written instrument which is not paid in full for any reason, other than any act of fault or neglect on the part of the Mayor and City Council of Baltimore, by the financial institution upon which it is drawn when on first return indicates “No Funds” or “Account Closed” or when presented a second time for payment or dishonored regardless of reason (hereinafter designated as “worthless instrument”) on every person or other legal entity who presents any such worthless instrument to the Mayor and City Council of Baltimore or the Director of Finance of Baltimore City, or any of their agents or employees, in payment of any tax, charge, fee, assessment, or impost of any kind levied or imposed under any law, ordinance, rule, or regulation. When the instrument is submitted in payment of more than 1 City bill, then this charge shall be imposed for each bill. Such charge(s) shall be collected by the Director of Finance of Baltimore City, and shall be a lien upon the property involved in any particular case and shall be recorded in the Tax Lien Record maintained by the Collection Division in all appropriate cases, in the same manner and to the same extent as the tax, charge, fee, assessment, or impost in connection with which the worthless instrument was presented in payment is collected and is a lien upon property and is recorded in the aforesaid Tax Lien Record. City Code, 1976/83, art. 1, §151 Ord. 71-1089 Ord. 81-224 Ord. 81-544 Ord. 90-521

In this section <em>{subtitle}</em>, the following terms have the meanings indicated. “Director” means the Director of the Department of Finance or the Director’s designee. “Funds” means the $641 million Baltimore City has received from the State and Local Fiscal Recovery Fund. Ord. 22-107

In order for the City Council to oversee the management of the Funds, the Director, in collaboration with leadership from other City agencies, shall provide the City Council with:monthly reports; quarterly briefings; equity reports; and annual reports. Each monthly report shall:provide data and metrics regarding how the funds have:increased the effectiveness of City government services; broadened the reach of City government services; made City government services more efficient; or made City government services more sustainable; and identify key performance indicators, benchmarks, and targets relating to:equity, as defined in <cite data-path="|1|§39-1">Article 1, § 39-1</cite> of the Baltimore City Code; population growth; labor and employment; economic growth, especially the growth of minority and women-owned businesses; and community benefit. Each quarterly briefing shall include financial disclosures regarding:monthly funding allocations; limitations on the use of the Funds; operational expenses, including information regarding community outreach and marketing and promotional materials; the creation of grants; procurement procedures; and disbursement procedures. On or before June 30 of each year, the Director shall submit an annual report to the City Council and the Director of the Department of Legislative Reference. The City Council shall publish the annual report online for public review. The annual report shall include:an assessment of disbursement and management of the Funds; disaggregated data of disbursement recipients; inequities addressed by the Funds; recommended steps to address and resolve identified inequities; and updates regarding community engagement. Ord. 22-107

In <cite data-path="|6">this article</cite>, the following terms have the meanings indicated. “Authorization to Proceed” means approval from the Commission for Historical and Architectural Preservation that:permits an applicant to complete alterations to a historic structure, as proposed in the application; is issued by the Director or the Director’s designee following the Commission’s approval; includes a description of the proposed work; and may be approved by the Commission or issued by the Director with conditions. “Building Official” has the meaning stated in § 103.1 of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>. “Commission” or “CHAP” means the Commission for Historical and Architectural Preservation established under <cite data-path="|6">this article</cite>. “Conservation District” or “Historical Conservation District” means an area designated as a Conservation District under <cite data-path="|6|3">subtitle 3 {“Designation of Preservation Districts and Conservation Districts”}</cite> of <cite data-path="|6">this article</cite>. “Demolition” includes “demolition by neglect”, which means neglect in the maintenance or repair of a structure, resulting in any of the following conditions:the deterioration of any architectural feature so as to create or permit the creation of a hazardous or unsafe condition; the deterioration of walls or other vertical supports; the deterioration of roofs or other horizontal members; the deterioration of chimneys; the deterioration or crumbling of plaster or mortar; or the ineffective waterproofing of walls, roofs, and foundations, including broken windows and doors. “District” means a Historical and Architectural Preservation District or a Historical Conservation District. “Executive Director” or “Director” means the Executive Director of the Commission for Historical and Architectural Preservation or the Director’s designee. “Historical and Architectural Preservation District” or “Preservation District” means an area designated as a Historical and Architectural Preservation District under <cite data-path="|6|3">Subtitle 3 {“Designation of Historical Districts and Historical Conservation Districts”}</cite>, of <cite data-path="|6">this article</cite>. “Landmark” means a property listed on a Landmark List. “Landmark List” means either or both of the following, as established and maintained under Subtitle 4 {“Designation of Landmarks”}, of <cite data-path="|6">this article</cite>:the Landmark List: Exteriors; and the Landmark List: Public Interiors. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in <cite data-path="|6">this article</cite> “person” also includes, except as used in <cite data-path="|6|§9-4">§ 9-4 {“Criminal penalties”} of this article</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Potential Landmark” means a property listed on a Potential-Landmark List. “Potential-Landmark List” means either or both of the following, as established and maintained under Subtitle 5 {“Designation of Potential Landmarks”}, of <cite data-path="|6">this article</cite>:the Potential-Landmark List: Exteriors; and the Potential-Landmark List: Public Interiors. “Public interior” means any part of a structure’s interior that is determined by the Commission to be:customarily open or accessible to the public; and of historical or architectural significance. “Regulated alteration” means any addition, alteration or other action described in § 8-2(a) {“Building permit required: Exterior structures”} or § 8-2(b) {“Building permit required: Public interiors”}, as the case may be, of <cite data-path="|6">this article</cite>. “Structure” means any creation of humans or nature. City Code, 1976/83, art. 1, §40(a), (q)(1)(2nd sen.) 2000, art. 6, §1-1 Ord. 64-229 Ord. 67-939 Ord. 04-672 Ord. 07-550 Ord. 15-408 Ord. 22-125

Ord. 93-169 Ord. 15-408 Ord. 22-125 Ord. <cite data-path="|general|22|1|22-125">22-125 </cite>repealed this section, which contained rules of interpretation that have been superseded by uniform Code-wide rules codified in the newly enacted <cite data-path="|general">General Provisions Article</cite>. For the text of all of the Code-wide rules of interpretation, see <cite data-path="|general">General Provisions Article</cite>, §<cite data-path="|general|1|20|1-201 |(In general)">§ 1-201 (In general)</cite>, <cite data-path="|general|1|20|1-203 |(Gender)">1-203 (Gender)</cite>, <cite data-path="|general|1|20|1-204 |(Mandatory, prohibitory, and permissive terms)">1-204 (Mandatory, prohibitory, and permissive terms)</cite>, <cite data-path="|general|1|20|1-205 |(Singular and plural)">1-205 (Singular and plural)</cite>, <cite data-path="|general|1|20|1-208 |(Captions or headers)">1-208 (Captions or headers)</cite>, <cite data-path="|general|1|20|1-209 |(Editor’s or Revisor’s Notes)">1-209 (Editor’s or Revisor’s Notes)</cite>, <cite data-path="|general|1|21|1-211 |(Effect of repeal or amendment of statute)">1-211 (Effect of repeal or amendment of statute)</cite>, <cite data-path="|general|1|21|1-212 |(References to other laws)">1-212 (References to other laws)</cite>, <cite data-path="|general|1|21|1-214 |(Severability)">1-214 (Severability)</cite>, and <cite data-path="|general|1|3|1-301">1-301 </cite>et seq. (Time Computations).

Baltimore City contains a number of significant areas within which are located various buildings and other structures that contribute to the historical or architectural significance of the area. The preservation of these areas is appropriate and necessary for the educational, cultural, economic, and general welfare of the public. Baltimore City contains an even greater number of individually significant buildings and other structures that have special historical or architectural significance. The preservation of these individual structures is equally appropriate and necessary for the educational, cultural, economic, and general welfare of the public. To preserve these significant areas and individual structures, it is necessary to impose controls and restrictions on or in connection with them. For these purposes, the Mayor and City Council of Baltimore has enacted <cite data-path="|6">this article</cite>, establishing the Commission for Historical and Architectural Preservation and vesting it with the powers and duties needed to administer and enforce the provisions of <cite data-path="|6">this article</cite>. Ord. 64-229 (Preamble) Ord. 15-408

There is a Commission for Historical and Architectural Preservation, constituted as an independent unit of the Department of Planning. City Code, 1976/83, art. 1, §40(b) 2000, art. 6, §2-1 Ord. 64-229 Ord. 05-123 Ord. 15-408

The Commission for Historical and Architectural Preservation comprises 13 members. 11 members are appointed by the Mayor, in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>, as follows:1 member to be nominated by the Greater Baltimore Committee; 1 member to be nominated by Baltimore Heritage; 1 member to be nominated by the Board of Directors of Preservation Maryland; 1 member to be nominated by the Board of the Baltimore City Historical Society, Inc.; and 7 members appointed at-large. 1 member is a Councilmember, to be designated by the Council President. 1 member is the Commissioner of Housing and Community Development or the Commissioner’s designee. City Code, 1976/83, art. 1, §40(c), (d)(1st sen.) 2000, art. 6, §2-2(a) - (c) Ord. 64-229 Ord. 67-939 Ord. 68-319 Ord. 93-169 Ord. 05-123 Ord. 06-247 Ord. 15-408

Each member:must be a resident of Baltimore City; and must demonstrate a special interest, knowledge, or training in such fields as history, architecture, preservation, African-American history, or urban design. Of the 11 members appointed by the Mayor under <cite data-path="|6|§2-2|(b)">§ 2-2(b) {“Composition: Appointed members”} of this subtitle</cite>:at least 1 member must be an historian knowledgeable in the architecture, history, and culture of Baltimore City; at least 1 member must be an historian knowledgeable in the African-American history and culture of Baltimore City; at least 2 members must be licensed architects knowledgeable in architectural preservation; at least 1 member must be a licensed real estate broker doing business in Baltimore City; at least 1 member must own and occupy a contributing residence within an Historical and Architectural Preservation District; at least 1 member must own and operate a contributing commercial property within an Historical and Architectural Preservation District; and each of at least 2 different members must demonstrate a special interest, knowledge, or training in 1 of the following fields, not otherwise within the special interest, knowledge, or training of the other member:landscape architecture; archeology; and construction or engineering. City Code, 1976/83, art. 1, §40(c), (d) 2000, art. 6, §2-2(b) - (d) Ord. 64-229 Ord. 67-939 Ord. 68-319 Ord. 93-169 Ord. 05-123 Ord. 15-408

Each of the 11 members appointed under <cite data-path="|6|§2-2|(b)">§ 2-2(b) {“Composition: Appointed members”} of this subtitle</cite> serves for a term concurrent with the Mayor’s term of office and until a successor is appointed and qualifies. The Councilmember designated under <cite data-path="|6|§2-2|(c)|(1)">§ 2-2(c)(1) {“Composition: City representatives”} of this subtitle</cite> serves a term concurrent with that Councilmember’s service on the Council. A member appointed to fill a vacancy in an unexpired term serves for the remainder of that term. A member may not be appointed under § 2-2(b) or (c)(1) of this subtitle to serve more than 2 consecutive terms. Any member who, during any period of 12 consecutive months, fails to attend 6 regularly scheduled monthly meetings of the Commission is considered to have resigned. The Chair of the Commission must forward the member’s name to the member’s appointing authority as soon as practicable following the 6<sup>th</sup> unattended meeting. The appointing authority must then appoint a successor for the rest of the term. City Code, 1976/83, art. 1, §40(d), (e) 2000, art. 6, §2-2(e), (f) Ord. 64-229 Ord. 67-939 Ord. 93-169 Ord. 05-123 Ord. 15-408

The Mayor designates one of the Commission members to serve as the Commission’s Chair. The Commission elects one of the Commission members to serve as the Commission’s Vice-Chair. The members of the Commission:serve without compensation; but are entitled to reimbursement for reasonable expenses incurred in the performance of their duties, as provided in the Ordinance of Estimates. City Code, 1976/83, art. 1, §40(f), (h) 2000, art. 6, §2-3(a), (d) Ord. 64-229 Ord. 67-939 Ord. 05-123 Ord. 15-408

The Executive Director for Historical and Architectural Preservation is appointed by the Commission. The appointment must be made from a list of at least 3 qualified candidates provided by the Director of Planning. If the list is not satisfactory to the Commission, the Director of Planning must provide a new list until a satisfactory list of candidates is submitted. The candidates must meet the qualifications specified in a position description developed by the Commission that conforms to the “Professional Qualifications Standards” of the Secretary of the Interior’s “Standards and Guidelines for Archeology and Historic Preservation”. The Executive Director may not also serve as a member of the Commission. The Executive Director:must perform the duties set forth in <cite data-path="|6">this article</cite> and as otherwise required by the Commission; and also serves as Division Chief of the Planning Department’s Historical and Architectural Division. The Director of Planning, with the approval of a majority of the Commission, may suspend or dismiss the Executive Director. City Code, 1976/83, art. 1, §40(f) 2000, art. 6, §2-3(b) Ord. 64-229 Ord. 67-939 Ord. 74-677 Ord. 05-123 Ord. 15-408

The Department of Planning serves as staff to the Commission. Staff serving in the Planning Department’s Historical and Architectural Preservation Division must meet the qualifications of a position description that conforms to the “Professional Qualifications Standards” of the Secretary of the Interior’s “Standards and Guidelines for Archeology and Historic Preservation”. The Commission may employ consultants and other personnel necessary or appropriate for the proper performance of its duties, as provided in the Ordinance of Estimates. City Code, 1976/83, art. 1, §40(g) 2000, art. 6, §2-3(c). Ord. 64-229 Ord. 67-939 Ord. 05-123 Ord. 15-408

7 members constitute a quorum for the transaction of business by the Commission. An affirmative vote of a majority of a quorum is needed for any Commission action. All meetings of the Commission must be conducted in accordance with the State Open Meetings Act, Title 3 of the State <cite data-path="|general">General Provisions Article</cite>. The Commission shall keep records of all its proceedings, showing the vote of each member on each question or, if a member is absent or fails to vote, indicating that fact. The Commission shall keep a record of all resolutions, transactions, findings, determinations, and decisions. All records of the Commission are open to public inspection in accordance with the State Public Information Act, Title 4 of the State <cite data-path="|general">General Provisions Article</cite>. City Code, 1976/83, art. 1, §40(i) 2000, art. 6, §2-4(b), (c) Ord. 64-229 Ord. 67-939 Ord. 15-408

It is the intent of the Mayor and City Council that the annual Ordinance of Estimates appropriate an adequate sum of money that the Commission may expend for or in connection with the purposes contemplated by <cite data-path="|6">this article</cite>. These purposes include:preparing surveys and maintaining an inventory of historically or architecturally noteworthy structures in Baltimore City; recommending the designation of and providing for the perpetual protection of:preservation and conservation districts, as designated under Subtitle 3 {“Designation of Preservation Districts and Conservation Districts”} of <cite data-path="|6">this article</cite>; and individual structures that have special historical or architectural significance, as designated under Subtitle 4 {“Designation of Landmarks”} of <cite data-path="|6">this article</cite>; recommending the designation of and providing for the temporary protection of individual structures that have historical or architectural significance, as designated under Subtitle 5 {“Designation of Potential Landmarks”} of <cite data-path="|6">this article</cite>; reviewing and determining the appropriateness of proposed alterations to or affecting protected properties, as provided in Subtitle 8 {“Alterations, etc., to or Affecting Properties”} of <cite data-path="|6">this article</cite>; acquiring, restoring, and possible reselling of properties that have historical or architectural significance; implementing the incentive improvement program authorized by <cite data-path="|6|§2-10">§ 2-10 {“Incentive improvement program”} of this subtitle</cite>; and general administration and enforcement of the provisions of <cite data-path="|6">this article</cite> and of any other duties imposed on the Commission by law. The Commission may, on behalf of the Mayor and City Council of Baltimore and with the prior approval of the Board of Estimates, contract with or accept any grant, loan, or aid of any kind from any federal, state, or private source, to be expended for the purposes contemplated by <cite data-path="|6">this article</cite>, including the purposes listed in subsection (a)(2) of this section. If permitted by <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>, sums received from the resale of properties acquired and restored by or on behalf of the Commission may be retained by the Commission for the acquisition and restoration of additional properties. City Code, 1976/83, art. 1, §40(s), (t) 2000, art. 6, §2-5 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

There is an incentive improvement program, as provided in this section. Subject to appropriations by the Ordinance of Estimates, the Commission for Historical and Architectural Preservation may contract with the owner or lessee of a structure that is located within a Historical and Architectural Preservation District or a Historical Conservation District or included on the Landmark List to reimburse that owner or lessee of up to 20% of the cost incurred by her or him in the reconstruction, alteration, removal, repair, or painting of an architectural feature in a manner that furthers the purposes of <cite data-path="|6">this article</cite>. In no event may the Commission authorize any reimbursement under the program until all of the work to be done and the estimated cost of that work has been approved by the Commission. In all cases, the Commission retains full discretion to determine the scope, nature, and cost of all work subject to reimbursement under the program. City Code, 1976/83, art. 1, §40(t) 2000, art. 6, §2-5 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Commission for Historical and Architectural Preservation must adopt, after notice and a public hearing, rules and regulations to carry out the provisions of <cite data-path="|6">this article</cite>. City Code, 1976/83, art. 1, §40(i)(1st sen.) 2000, art. 6, §2-4(a) Ord. 64-229 Ord. 67-939 Ord. 15-408 Text Conformed 02/15/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

An ordinance of the Mayor and City Council is required to:designate any area as a Historical and Architectural Preservation District; designate any area as a Historical Conservation District; modify the boundary lines of an existing Historical and Architectural Preservation District; or modify the boundary lines of an existing Historical Conservation District. The ordinance must be supported by written findings of fact that the proposed Preservation District or Conservation District and its boundaries will comply with:the requirements for Local Government Certification under the National Historic Preservation Act (16 U.S.C., Chapter 1A, Subchapter II); the Secretary of the Interior’s Standards for Identification and Registration; and the Commission’s own Historic Preservation Procedures and Guidelines. City Code, 1976/83, art. 1, §40(j)(1), (4) 2000, art. 6, §3-1(a), (b), (d) Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 99-547 Ord. 04-672 Ord. 15-408

After undertaking a full and proper study, the Commission for Historical and Architectural Preservation may propose as a Historical and Architectural Preservation District or as a Historical Conservation District any area in Baltimore City within which are located structures that have historical or architectural value, the preservation of which is considered to be for the educational, cultural, economic, and general welfare of the public. For a Historical Conservation District, the study shall include consideration of those alterations in which CHAP has design review authority pursuant to City Code <cite data-path="|6|8">Article 6, Subtitle 8 {“Alterations, etc., to or Affecting Properties”}</cite>. City Code, 1976/83, art. 1, §40(j)(1) 2000, art. 6, §3-1(a) Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 99-547 Ord. 07-550 Ord. 15-408

In support of its proposed designation of an area, the Commission must: prepare a proposed ordinance that sets forth the boundary lines of the area being proposed for designation; prepare and adopt written findings of fact that include, at a minimum, the specific findings required by <cite data-path="|6|§3-1|(b)">§ 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle</cite>; and request that its proposed ordinance and accompanying findings of fact be introduced into the City Council for appropriate action. City Code, 1976/83, art. 1, §40(j)(2) 2000, art. 6, §3-1(b) Ord. 64-229 Ord. 67-939 Ord. 99-547 Ord. 15-408

The provisions of this subsection apply to an ordinance proposing any of the following:designating a Historical and Architectural Preservation District or Historical Conservation District; modifying the boundaries of an existing Historical and Architectural Preservation District or Historical Conservation District. An ordinance proposing one of the actions listed in paragraph (1) of this subsection shall be referred by the City Council to the following for a written report and recommendation:the Commission for Historical and Architectural Preservation; the Planning Commission; and any other agency that the Council President designates. The City Council may not place the bill on the Council’s second reading calendar until the Commission for Historical and Architectural Preservation and the Planning Commission:submit their reports and recommendations to the Council; or fail to do so within 100 days of the referral. Ord. 15-408

The City Council may not place the bill on its second reading calendar until the Council committee to which the bill is assigned has conducted a public hearing at which parties in interest and the general public are afforded an opportunity to be heard on the bill. Notice of the hearing must be given as follows:by posting in conspicuous places, as the Department of Planning designates, within and around the following, as the case may be:the perimeter of the proposed new District; or the perimeter of any area proposed to be added to or removed from an existing district; and by first-class mail to each person who appears on the tax records of the City as an owner of property within the following, as the case may be:the perimeter of the proposed new District; or the perimeter of any area proposed to be added to or removed from an existing District. The notice must include:the identifying number of the bill to be heard; the name and address of the person requesting the bill; the date, time, place, and purpose of the public hearing; and a drawing or description of the boundaries of the area affected by the proposed bill. The notice must be posted and mailed at least 30 days before the public hearing. The number of posted notices and the manner of their posting are as follows:at least 2 or more signs are required, as the Department of Planning designates; for a notice applicable only to an individual property, at least 1 sign must be visible from each of the property’s street frontages; each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and each sign must be at least 3 feet by 4 feet in size. The notices required by this section are the responsibility of the following:for a bill requested by the Commission for Historical and Architectural Preservation, the notices must be given by and at the expense of the Mayor and City Council of Baltimore; for a bill requested by or on behalf of a property owner to include that property in or remove that property from an existing District, the notices must be given by and at the expense of the requester; and in all other cases, the notices must be given by and at the expense of the City Council. City Code, 1976/83, art. 1, §40(j)(3) 2000, art. 6, §3-1(c) Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 99-547 Ord. 15-408

Subject to the requirements of <cite data-path="|6|§3-8">§ 3-8 {“Council action – Amendments”}</cite> and <cite data-path="|6|§3-9">§ 3-9 {“Council action – Limitations”} of this subtitle</cite>, the City Council may: adopt, reject, or modify an ordinance proposed to designate:a Historical and Architectural Preservation District; or a Historical Conservation District; and as necessary or appropriate from time to time, adopt an ordinance to modify the boundary lines of an existing District. Ord. 15-408

This section applies to any bill that:proposes to designate a new Preservation District or Conservation District or modify the boundaries of an existing Preservation District or Conservation District; and that has a proposed amendment to add to or remove from a new or existing District any property that was not within the perimeter of the area described in the notice given under <cite data-path="|6|§3-6">§ 3-6 {“Council action - Public notice and hearing”} of this subtitle</cite>. Before an amendment described in subsection (a) of this section may be adopted:another public hearing must be held on the amendment; and the requirements of this subtitle for notice and for agency reports apply to the additional hearing. Ord. 15-408

This section applies to any of the following actions by the City Council:any modification to the boundary lines set forth in an ordinance proposed by the Commission under <cite data-path="|6|§3-3">§ 3-3 {“CHAP to prepare proposed ordinance and findings”} of this subtitle</cite>; or unless by and in accordance with an ordinance initiated at the request of the Commission under this subtitle:any initial designation of an area as:a Historical and Architectural Preservation District; or a Historical Conservation District; or any modification to the boundary lines of an existing:Historical and Architectural Preservation District; or Historical Conservation District. The City Council may not take any action described in subsection (a) of this section without first referring that action to the Commission for Historical and Architectural Preservation for:the Commission’s written report and recommendations; and the Commission’s findings of fact affirming, at a minimum, that the proposed action will not adversely affect the District’s compliance with the requirements, standards, procedures, and guidelines specified in <cite data-path="|6|§3-1|(b)">§ 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle</cite>. If, within 100 days of the referral, the Commission fails to submit its written report or recommendations, or fails or is unwilling to make the findings of fact required by <cite data-path="|6|§3-1|(b)">§ 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle</cite>, the City Council:may proceed to hear and consider the action, subject to the requirements of § 3-6 {“Council action – Public notice and hearing”} and <cite data-path="|6|§3-8">§ 3-8 {“Council action – Amendments”} of this subtitle</cite>; but may not adopt the action without preparing and adopting its own written findings of fact affirming that the action will not adversely affect the District’s compliance with the requirements, standards, procedures, and guidelines specified in <cite data-path="|6|§3-1|(b)">§ 3-1(b) {“Ordinance ... required: Findings of fact”} of this subtitle</cite>. Ord. 15-408

The Landmark List consists of two components: a Landmark List: Exteriors; and a Landmark List: Public Interiors. Ord. 15-408

An ordinance of the Mayor and City Council is required to: add a structure and its appurtenant property to the Landmark List: Exteriors or the Landmark List: Public Interiors; or for a structure already on the Landmark List: Exteriors, to modify the boundaries of the appurtenant land or other property that is included in the Landmark designation. City Code, 1976/83, art. 1, §40(l)(3) 2000, Art. 6, §3-2(d) Ord. 67-939 Ord. 99-547 Ord. 07-550 Ord. 15-408

The Landmark List: Exteriors comprises those structures that, in accordance with the Commission’s Historic Preservation Procedures and Guidelines, are considered to be of such special historical or architectural significance that, even if not located within an Historical and Architectural Preservation District, those structures and their exteriors (with or without, as the case may be, their appurtenant land and other property) should be extended the same protections as apply to structures within a District. The boundaries of a structure on the Landmark List: Exteriors are as indicated by Ordinance, as follows:by street address, which indicates that all appurtenant land or other property at that street address and on the same lot is included in and protected by the Landmark designation; by Section, Block, and Lot Number, which indicates that all land or other property on that lot is included in the Landmark designation; or by a metes and bounds description or other clear delineation, which indicates that less than all land or other property at a street address or on a lot is included in the Landmark designation. The Landmark List: Public Interiors comprises those structures with public interiors that, in accordance with the Commission’s Historic Preservation Procedures and Guidelines, are considered to be of such special historical or architectural significance that, even if not within an Historical and Architectural Preservation District, those interiors should be extended the same protections as apply to the exteriors of structures within a District. City Code, 1976/83, art. 1, §40(k) 2000, Art. 6, §3-2(a) Ord. 67-939 Ord. 07-550 Ord. 15-408

On introduction of any proposed ordinance to add a structure to the Landmark List: Exteriors or Landmark List: Public Interiors or to modify the boundaries of a structure on the Landmark List: Exteriors, the City Council must refer the bill to the following for their written reports and recommendations:the Commission for Historical and Architectural Preservation; the Planning Commission; and any other agency that the Council President designates. The City Council may not place the bill on the Council’s second reading calendar until the Commission for Historical and Architectural Preservation and the Planning Commission:submit their reports and recommendations to the Council; or fail to do so within 100 days of the referral. Ord. 15-408

The City Council may not place the bill on its second reading calendar until the Council committee to which the bill is assigned has conducted a public hearing at which parties in interest and the general public are afforded an opportunity to be heard on the bill. Notice of the hearing must be given as follows:by posting in a conspicuous place on the subject property; and by first-class mail to each person who appears on the tax records of the City as an owner of the subject property. The notice must include:the identifying number of the bill to be heard; the name and address of the person requesting the bill; the date, time, place, and purpose of the public hearing; and the address of the subject property. The notice must be posted and mailed at least 15 days before the public hearing. The number of posted notices and the manner of their posting are as follows:at least 1 sign must be visible from each of the property’s street frontages; each sign must be posted at a prominent location, near the sidewalk or public right-of-way, so that it is visible to passing pedestrians and motorists; a window-mounted sign must be mounted inside the window glass and placed so that it is clearly visible to passing pedestrians and motorists; and each sign must be at least 3 feet by 4 feet in size. The notices required by this section are the responsibility of the following:for a bill requested by the Commission for Historical and Architectural Preservation, the notices must be given by and at the expense of the Mayor and City Council of Baltimore; for a bill requested by or on behalf of an owner of the subject property, the notices must be given by and at the expense of the requester; and in all other cases, the notices must be given by and at the expense of the City Council. City Code, 1976/83, art. 1, §40(l)(2) 2000, Art. 6, §3-2(c) Ord. 67-939 Ord. 76-022 Ord. 99-547 Ord. 07-550 Ord. 15-408

Subject to the requirements of <cite data-path="|6|§4-8">§ 4-8 {“Council action – Limitations”} of this subtitle</cite>, the City Council may: adopt, reject, or modify an ordinance proposed to add a structure to the Landmark List: Exteriors or the Landmark List: Public Interiors; and as necessary or appropriate from time to time, adopt an ordinance to modify the boundaries of a structure on the Landmark List: Exteriors. Ord. 15-408

This section applies to any of the following actions by the City Council:any modification to the boundaries of a structure proposed by the Commission for addition to the Landmark List: Exteriors, as provided in <cite data-path="|6|§4-3|(a)">§ 4-3(a) {“Landmark List: exteriors”} of this subtitle</cite>; or unless by and in accordance with an ordinance initiated at the request of the Commission under this subtitle:any initial proposal to add a structure to the Landmark List: Exteriors or the Landmark List: Public Interiors; or any modification to the boundaries of a structure on the Landmark List Exteriors. The City Council may not take any action described in subsection (a) of this section without first referring that action to the Commission for Historical and Architectural Preservation for the Commission’s written report and recommendations. If, within 100 days of the referral, the Commission fails to submit its written report or recommendations, the City Council may proceed to hear and consider the action, subject to the requirements of <cite data-path="|6|§4-6">§ 4-6 {“Council action – Public notice and hearing”} of this subtitle</cite>. Ord. 15-408

The Potential-Landmark List consists of two components: a Potential-Landmark List: Exteriors; and a Potential-Landmark List: Public Interiors. Ord. 15-408

Only the Commission for Historical and Architectural Preservation may: add a structure and its appurtenant property to the Potential-Landmark List: Exteriors or the Potential-Landmark List: Public interiors; or for a structure already on the Potential-Landmark List: Exteriors, modify the boundaries of the appurtenant land or other property that is included in the Potential-Landmark designation. Ord. 15-408

The Potential-Landmark List: Exteriors comprises those structures that, in accordance with the Commission’s Historic Preservation Procedures and Guidelines, the Commission considers to be of such historical or architectural significance that, even if not located within a Historical and Architectural Preservation District or a Historical Conservation District, those structures and their exteriors (with or without, as the case may be, their appurtenant land and other property) should be extended temporary protection under <cite data-path="|6|§5-5">§ 5-5 {“Protections pending decision”} of this subtitle</cite> and under <cite data-path="|6|8">Subtitle 8 {“Alterations, etc, to or Affecting Properties”}</cite> of <cite data-path="|6">this article</cite>. The boundaries of a structure on the Potential-Landmark List: Exteriors are as indicated by the Commission, as follows:by street address, which indicates that all appurtenant land or other property at that street address and on the same lot is included in and protected by the Potential-Landmark designation; by Section, Block, and Lot Number, which indicates that all land or other property on that lot is included in the Potential-Landmark designation; or by a metes and bounds description or other clear delineation, which indicates that less than all land or other property at a street address or on a lot is included in the Potential-Landmark designation. The Potential-Landmark List: Public Interiors comprises those structures with public interiors that, in accordance with the Commission’s Historic Preservation Procedures and Guidelines, the Commission considers to be of such historical or architectural significance that, whether or not within a Historical and Architectural Preservation District or a Historical Conservation District, those public interiors should be extended temporary protection under <cite data-path="|6|§5-5">§ 5-5 {“Protections pending decision”} of this subtitle</cite> and under <cite data-path="|6|8">Subtitle 8 {“Alterations, etc, to or Affecting Properties”}</cite> of <cite data-path="|6">this article</cite>. City Code, 1976/83, art. 1, §40(m) 2000, art. 6, §3-3(a) Ord. 67-939 Ord. 07-550 Ord. 15-408

A proposal to add a structure to the Potential-Landmark List must comply with the following procedures. The Commission’s Chair or the Executive Director must give notice of a public hearing to be held by the Commission on the proposal, as follows:by causing a sign to be conspicuously posted on the structure; and by first-class mail to each person who appears on the tax records of the City as an owner of the subject property. The notice must include:a statement that the Commission for Historical and Architectural Preservation proposes to add the structure to the Potential-Landmark List: Exteriors or Potential-Landmark List: Public Interiors, as the case may be; the proposed date, time, and place of the public hearing to be held on the proposal; and the Commission’s contact information (including a phone number) for obtaining additional information on the proposal and updated information on the date, time, and place of the hearing. The public hearing must be held on a date that is:no sooner than 30 days from the time the sign is posted; and except as agreed to by the owner of the subject property, no later than 60 days from the time the sign is posted. At the end of the public hearing, the Commission must render its decision on whether to include the structure on the Potential-Landmark List. City Code, 1976/83, art. 1, §40(n) 2000, art. 6, §3-3(b) Ord. 67-939 Ord. 07-550 Ord. 15-408

From the time the sign is posted until the Commission makes its final decision, the structure is subject to the requirements, procedures, and protections of Subtitle 8 {“Alterations, etc., to or affecting Properties”} of <cite data-path="|6">this article</cite>. City Code, 2000, art. 6, §3-3(c) Ord. 07-550 Ord. 15-408

The inclusion of any property in the Potential-Landmark List: Exteriors or the Potential-Landmark List: Public Interiors, as the case may be, automatically expires: on the 180<sup>th</sup> day after the Commission’s decision to add the structure to that List, unless, before that date, a proposed ordinance is introduced into the City Council to add the structure to the Landmark List: Exteriors or the Landmark List: Public Interiors, respectively; or if a proposed Landmark ordinance is introduced into the City Council before that 180<sup>th</sup> day but has not yet been enacted, 18 months from the date of the proposed ordinance’s introduction. Ord. 15-408

This section applies to:any property for which notice of its proposed addition to the Potential-Landmark List was posted under <cite data-path="|6|§5-4">§ 5-4 {“Procedure to designate”} of this article</cite>, but for which no final decision to include it on the List was rendered within the period required by that section; or any property that was included on the Potential-Landmark List, but whose designation has expired by operation of <cite data-path="|6|§5-6">§ 5-6 {“Expiration of designation”} of this article</cite>. Except as expressly permitted in subsection (c) of this section, the Commission may not:re-propose the addition or reinstatement to the Potential-Landmark List of any property described in subsection (a) of this section; or initiate a proposed ordinance to add that property to the Landmark List. The Commission may again propose to add or reinstate the property to the Potential-Landmark List, subject again to the procedures and other provisions of this subtitle, only after the first to occur of:2 years from the date on which the previous proposal failed or the designation expired, as the case may be; the election and start of a new 4-year term of office for the members of the City Council; or the City Council’s passage of a simple resolution requesting or authorizing the Commission to do so. The Commission may initiate proceedings to add the structure to the Landmark List, subject to the procedures and other provisions of Subtitle 4 {“Designation of Landmarks”} of <cite data-path="|6">this article</cite>, only after the first to occur of:2 years from the date on which the previous proposal failed or the designation expired, as the case may be; the election and start of a new 4-year term of office for the members of the City Council; or the City Council’s passage of a simple resolution requesting or authorizing the Commission to do so. Ord. 15-408

The Commission’s Executive Director shall create and maintain an Inventory of Historic Places, to identify areas or structures that, while not designated as Preservation Districts, Conservation Districts, Landmarks, or Potential Landmarks, are nonetheless historically or architecturally noteworthy. Ord. 15-408

The primary purpose of the Inventory is to serve as a research and documentation instrument that informs and provides guidance to the Department of Planning and the Commission for Historical and Architectural Preservation. Ord. 15-408

Except only as otherwise expressly provided in <cite data-path="|6">this article</cite>, the Inventory is not a regulatory instrument. Inclusion of an area or structure in the Inventory is not a determination of eligibility for designation as a Preservation District, Conservation District, Landmark, or Potential Landmark. Ord. 15-408

This subtitle applies to any land or other property within the boundaries of a structure on the Landmark List: Exteriors or the Potential-Landmark List: Exteriors. Ord. 15-408

If any land or other property subject to this subtitle is subdivided, all lots, plats, sites, or other divisions land resulting from the subdivision are automatically considered to retain the same Landmark or Potential-Landmark designation and protection as the original site had before its subdivision. Ord. 15-408

As soon as possible after a Final Subdivision Plan has been recorded for any land or other property subject to this subtitle: the Planning Commission must submit a copy of the approved Plan to the Commission for Historical and Architectural Preservation; and The Commission for Historical and Architectural Preservation must:update its records accordingly; and request the Department of Legislative Reference to insert an Editor’s Note to the appropriate section of Subtitle 13 et seq. of <cite data-path="|6">this article</cite> to indicate any change in the relevant description. Ord. 15-408

The rules and regulations adopted by the Commission under <cite data-path="|6">this article</cite>:must include design guidelines for undertaking regulated alterations; and may include provisions delegating to the Executive Director or other Commission staff the authority to review and approve regulated alterations that involve only minor work, as defined in subsection (b) of this section. “Minor work” means work that:does not significantly change the overall appearance of or remove historic fabric; and clearly meets the applicable design guidelines adopted by the Commission under <cite data-path="|6">this article</cite>. Ord. 15-408

No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure located within a Historical and Architectural Preservation District or a Historical Conservation District or included on the Landmark List: Exteriors or the Potential-Landmark List: Exteriors without first obtaining a permit to do so from the Building Official:any reconstruction, alteration, or removal of any exterior architectural feature; any change in an exterior color, whether by painting or other means; any exterior excavation; the construction or erection of any exterior building, fence, wall, or other structure of any kind; or any exterior demolition. No person may undertake, cause, or allow any of the following regulated alterations for or with respect to any structure on the Landmark List: Public Interiors or the Potential-Landmark List: Public Interiors without first obtaining a permit to do so from the Building Official:any reconstruction, alteration, or removal of any interior architectural feature, as defined in subsection (c) of this section; any change in an interior color, whether by painting or other means; any interior excavation; the construction or erection of any interior wall or other structure of any kind; or any interior demolition. In this section, “interior architectural feature” means the architectural style, design, general arrangement, and components of a designated interior. “Interior architectural feature” includes the kind, color, and texture of the building material and the type and style of windows, doors, lights, signs, plaques, decorative finishes, murals, art work, floor plan, and other fixtures appurtenant to the interior. City Code, 1976/83, art. 1, §40(q)(1)(1st sen.) 2000, art. 6, §§1-1(f), 4-1 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

Within 2 days of receiving a permit application for or involving a regulated alteration, the Building Official must forward the application, together with all accompanying plans and specifications, to the Commission. On request of the Commission or its staff, the applicant must submit to the Commission any additional plans, elevations, and other related information needed to determine the appropriateness of the proposed regulated alteration. The Commission may not make any determination concerning the proposed regulated alteration until it is satisfied that:the permit application is complete; and the Commission has received all other needed documents and information, as requested. The Building Official may not issue a permit for any regulated alteration unless:for a Historical Preservation District, the Director first issues an Authorization to Proceed; or for a Historical Conservation District:The Director first issues an Authorization to Proceed; or CHAP makes the determination that the proposed exterior alteration does not require an Authorization to Proceed and notifies the applicant and building official of CHAP’s determination. City Code, 1976/83, art. 1, §40(q)(2), (3) 2000, art. 6, §4-2 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

If an Authorization to Proceed is not issued within 11 days of the Commission’s having received a completed application, the Executive Director must cause a sign to be conspicuously posted on the structure involved, giving notice of:the type of alterations proposed; and the date, time, and place of a public hearing to be held by the Commission on the proposal. The public hearing must be held:at the next regular Commission meeting scheduled for a date that is no sooner than 10 days nor later than 45 days from the time the sign is posted; or if no regular meeting has been scheduled for that period, at a special meeting called for a date that is no sooner than 10 days nor later than 20 days from the time the sign is posted. City Code, 1976/83, art. 1, §40(q)(4) 2000, art. 6, §4-3 Ord. 64-229 Ord. 67-939 Ord. 15-408

Within 21 days after the public hearing concludes, or within any additional time that the applicant approves in writing, the Commission must determine whether to approve or deny the issuance of an Authorization to Proceed. The Commission may approve issuance of an Authorization to Proceed only if it determines that:the proposed regulated alteration is compliant with the Commission’s design guidelines and otherwise appropriate to the preservation of the particular Preservation District or to the preservation of the structure on the Landmark List or Potential-Landmark List; or notwithstanding that the proposed regulated alteration is, in the opinion of the Commission, noncompliant with the Commission’s design guidelines or otherwise inappropriate:the proposed alteration nonetheless is without substantial detriment to the public welfare and without substantial derogation of the intents and purposes of <cite data-path="|6">this article</cite>; and denial of an Authorization to Proceed would result in substantial hardship to the applicant. In passing on appropriateness, the Commission must consider, among other pertinent factors:the structure’s historic or architectural significance; the location and visibility of the proposed alteration; and the historic or architectural significance, architectural style, general design, arrangement, texture, material, color, architectural features, height, massing, and scale of other structures in the immediate neighborhood. City Code, 1976/83, art. 1, §40(q)(5), (6) 2000, art. 6, §4-4 Ord. 64-229 Ord. 67-939 Ord. 93-169 Ord. 07-550 Ord. 15-408

If the Commission approves the issuance of an Authorization to Proceed, the Executive Director must promptly issue the Authorization to Proceed and forward it to the Building Official, along with the related application, plans, and specifications. The Authorization to Proceed must contain:a description of the regulated alteration being approved; a reference to whether the approval is premised on:a finding that the alteration is compliant with the design guidelines and is otherwise appropriate (as required by <cite data-path="|6|§8-6|(b)|(1)">§ 8-6(b)(1) of this subtitle</cite>); or a finding that the alteration is noncompliant or otherwise inappropriate, but:it is without substantial detriment to the public welfare and without substantial derogation of <cite data-path="|6">this article</cite> (as required by <cite data-path="|6|§8-6|(b)|(2)|(i)">§ 8-6(b)(2)(i) of this subtitle</cite>); and denial would result in substantial hardship to the applicant (as required by <cite data-path="|6|§8-6|(b)|(2)|(ii)">§ 8-6(b)(2)(ii) of this subtitle</cite>); the substance of any conditions, restrictions, or limitations imposed by the Commission to minimize the degree to which the alteration otherwise would be noncompliant with the Commission’s design guidelines or otherwise inappropriate; and the date on which the Authorization to Proceed is issued. Unless an extension is granted, every Authorization to Proceed expires and becomes invalid if a building permit is not obtained and the work authorized begun within 1 year after the Authorization to Proceed is issued. City Code, 1976/83, art. 1, §40(q)(7)(1st sen.) 2000, art. 6, §4-5(a) Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 05-123 Ord. 06-247 Ord. 07-550 Ord. 08-063 Ord. 15-408

In the case of a structure located within a Preservation District or a Historical Conservation District or included on the Landmark List, if the Commission determines that an Authorization to Proceed should not be issued, the Commission shall promptly notify the applicant and the Building Official in writing of: the reason for that determination; and any recommendations that the Commission might have about the proposed alteration. City Code, 1976/83, art. 1, §40(q)(7)(2nd, 3rd sens.) 2000, art. 6, §4-5(b) Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

In the case of a structure on the Potential-Landmark List, if the Commission determines that the proposed regulated alteration is inappropriate, the Commission must notify the Building Official in writing to postpone issuance of the permit. If the Building Official is so notified, the Building Official must postpone issuance of the permit until the first to occur of:180 days from the date of the notification to postpone; or a subsequent notification by the Commission to issue the permit. During the period of postponement, the Commission must meet with the applicant and may consult with civic groups, public agencies, and interested persons to ascertain what the City can do to preserve the structure. City Code, 1976/83, art. 1, §40(q)(9) 2000, art. 6, §4-7 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

The Building Official is bound by the Commission’s determinations under this subtitle and must approve, if otherwise in conformance with the <cite data-path="|building-codes">Building, Fire, and Related Codes Article</cite>, or disapprove the application for the proposed alteration in accordance with those determinations. City Code, 1976/83, art. 1, §40(q)(8) 2000, art. 6, §4-6 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

In this section, “municipal structure” means any structure that:is owned by the Mayor and City Council of Baltimore; and either:has been or is being used for a municipal function, including offices and other work places, schools, fire stations, police stations, monuments, water and waste water facilities, and the like; has been or is being aggregated by or for the City for redevelopment under authority of a Master Plan or Urban Renewal Plan; or meets any other criteria adopted by Commission rule or regulation for structures requiring review under this section. Before any City action is taken to approve or otherwise authorize the reconstruction, exterior alteration, interior alteration of an area customarily open or accessible to the public, or demolition of any municipal structure, the agency responsible for preparing the plans must refer the plans to the Commission for a report. The Commission’s report must be submitted to the Mayor and to the responsible agency within 45 days after the referral. If the Commission does not report within this 45-day period, the Mayor may conclude that the Commission does not object to the approval or authorization of the plans. City Code, 1976/83, art. 1, §40(p) 2000, art. 6, §4-9 Ord. 67-939 Ord. 12-066 Ord. 15-408

Nothing in <cite data-path="|6">this article</cite> prevents the ordinary maintenance or repair of an architectural feature within any Preservation District or any Conservation District or on any Landmark or Potential Landmark, if the maintenance or repair involves no change in design, material, color, or appearance of the structure. Nothing in <cite data-path="|6">this article</cite> prevents the construction, reconstruction, alteration, or demolition of any feature that the Building Official certifies as being required for public safety because of an unsafe or dangerous condition. City Code, 1976/83, art. 1, §40(r) 2000, art. 6, §4-11 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 07-550 Ord. 15-408

Within 30 days after CHAP has approved, disapproved, or delayed an application presented at a CHAP public hearing, a person aggrieved by any decision of the Commission under <cite data-path="|6">this article</cite> may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the Court’s final decision to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. City Code, 1976/83, art. 1, §40(u) 2000, art. 6, §5-1 Ord. 64-229 Ord. 67-939 Ord. 76-022 Ord. 04-672 Ord. 15-408 Ord. 19-332

It is unlawful for any person to be in conflict with or in violation of any provision of <cite data-path="|6">this article</cite> or of any rule, regulation, decision, permit, notice, or order issued under <cite data-path="|6">this article</cite>. <cite data-path="|6">This article</cite> and the rules, regulations, decisions, permits, notices, and orders issued under <cite data-path="|6">this article</cite> may be enforced by the Building Official and penalties may be imposed for violations of their provisions as provided in Chapter 1 {“Scope and Administration”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite> for the enforcement of and the imposition of violation penalties under that Code. City Code, 2000, art. 6, §5-4 Ord. 05-123 Ord. 15-408

On application of the Commission, the District Court or the Circuit Court for Baltimore City may: restrain or enjoin the alteration of any structure in violation of <cite data-path="|6">this article</cite>; and order:the removal of any architectural feature constructed or reconstructed in violation of <cite data-path="|6">this article</cite>; or the substantial restoration of any architectural feature altered or demolished in violation of <cite data-path="|6">this article</cite>. City Code, 1976/83, art. 1, §40(v) 2000, art. 6, §5-2 Ord. 64-229 Ord. 67-939 Ord. 04-672 Ord. 07-550 Ord. 15-408

Any person who violates any provision of <cite data-path="|6">this article</cite> or of any rule, regulation, decision, permit condition, notice, or order issued under <cite data-path="|6">this article</cite> is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 or imprisonment for not more than 90 days or both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. City Code, 1976/83, art. 1, §40(w) 2000, art. 6, §5-3 Ord. 64-229 Ord. 67-939 Ord. 05-123 Ord. 07-550 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be an Historical and Architectural Preservation District, and may be referred to as “Mount Vernon Historical and Architectural Preservation District”: Beginning for the same at the point formed by the intersection of the line of the centerline of Hamilton Street and the centerline of Park Avenue, and running thence binding on the centerline of Park Avenue, Northerly 253 feet, more or less, to the centerline of Centre Street; thence binding on the centerline of Centre Street, Westerly 437 feet, more or less, to the centerline of Howard Street; thence binding on the centerline of Howard Street, Northerly 200 feet, more or less, to the centerline of Druid Hill Avenue; thence binding on the centerline of Druid Hill Avenue, Westerly 184 feet, more or less, to the centerline of Linden Avenue; thence binding on the centerline of Linden Avenue, Northerly 200 feet, more or less, to intersect the south side of Monument Street; thence binding on the south side of Monument Street, Easterly 37 feet, more or less, to intersect the west outline of the property known as No. 612½ - 614 N. Howard Street; thence binding on the west outline of the property known as 612½ - 614 N. Howard Street, Southerly 28 feet, more or less, to the south outline of the property known as No. 612½ - 614 N. Howard Street; thence binding on the south outline of the property known as No. 612½ - 614 N. Howard Street, Easterly 16 feet, more or less, to the west outline of the property known as No. 612 N. Howard Street; thence binding on the west outline of the property known as No. 612 N. Howard Street, Southerly 27 feet, more or less, to the south outline of the property known as No. 612 N. Howard Street; thence binding on the south outline of the property known as No. 612 N. Howard Street, Easterly 90 feet, more or less, to intersect the west side of Howard Street; thence binding on the west side of Howard Street, Northerly 55 feet, more or less, to intersect the south side of Monument Street; thence binding on the south side of Monument Street, Westerly 106 feet, more or less; thence by a straight line, Northerly 66 feet, more or less, crossing Monument Street to intersect the north side of Monument Street; thence binding on the north side of Monument Street, Easterly 4 feet, more or less, to intersect the east outline of the property known as No. 304 W. Monument Street; thence binding on the east outline of the property known as No. 304 W. Monument Street, Northerly 69 feet, more or less, to intersect the south outline of the property known as No. 705 Linden Avenue; thence binding in part on the south outline of the property known as No. 705 Linden Avenue, in part on the line of the south outline of the property known as No. 705 Linden Avenue, and in all, Westerly 73 feet, more or less, to the centerline of Linden Avenue; thence binding on the centerline of Linden Avenue, Northerly 198 feet, more or less, to intersect the line of the south outline of the properties known as Nos. 313 through 321/27 W. Madison Street and No. 735 N. Eutaw Street; thence binding in part on the line of the south outline of the properties known as Nos. 313 through 321/27 W. Madison Street and No. 735 N. Eutaw Street, in part on the south outline of the properties known as Nos. 313 through 321/27 W. Madison Street and No. 735 N. Eutaw Street, and in all, Westerly 166 feet, more or less, to the east side of Eutaw Street; thence binding on the east side of Eutaw Street, Northerly 88 feet, more or less, to the centerline of Madison Street; thence binding on the centerline of Madison Street, Easterly 382 feet, more or less, to the centerline of Howard Street; thence binding on the centerline of Howard Street, Northerly 1025 feet, more or less, to the centerline of Read Street; thence binding on the centerline of Read Street, Easterly 188 feet, more or less, to intersect the line of the southeast outline of the property known as No. 230 W. Read Street; thence binding in part on the line of the southeast outline of the property known as No. 230 W. Read Street, in part on the southeast outline of the property known as No. 230 W. Read Street, in part on the southeast outline of the properties known as Nos. 245/47 through 251/53 W. Chase Street, and in all, Northeasterly 211 feet, more or less, crossing Brexton Street to intersect the northeast side of Brexton Street; thence binding on the northeast side of Brexton Street, Northwesterly 33 feet, more or less, to the southeast outline of the property known as No. 241/43 W. Chase Street; thence binding on the southeast outline of the properties known as Nos. 241/43 and 229/39 W. Chase Street, Northeasterly 104 feet, more or less, to the southwest outline of the property known as No. 227 W. Chase Street; thence binding on the southwest outline of the property known as No. 227 W. Chase Street, Northwesterly 78 feet, more or less, to the southeast side of Chase Street; thence binding on the southeast side of Chase Street, Northeasterly 134 feet, more or less, to the northeast outline of the property known as No. 880 Park Avenue; thence binding in part on the northeast outline of the property known as No. 880 Park Avenue, in part on the line of the northeast outline of the property known as No. 880 Park Avenue, and in all, Southeasterly 86 feet, more or less, to the centerline of Park Avenue; thence binding on the centerline of Park Avenue, Northerly 91 feet, more or less, to the centerline of Chase Street; thence binding on the centerline of Chase Street, Easterly 391 feet, more or less, to the centerline of Maryland Avenue; thence binding on the centerline of Maryland Avenue, Northerly 349 feet, more or less, to the centerline of Biddle Street; thence binding on the centerline of Biddle Street, Westerly 288 feet, more or less, to the centerline of Cathedral Street; thence binding on the centerline of Cathedral Street, Northerly 389 feet, more or less, to the centerline of Preston Street; thence binding on the centerline of Preston Street, Easterly 147 feet, more or less, to the centerline of Mace Street; thence binding on the centerline of Mace Street, Northerly 183 feet, more or less, to the line of the south outline of the property known as No. 101/11 W. Mount Royal Avenue; thence binding in part on the line of the south outline of the property known as No. 101/11 W. Mount Royal Avenue, in part on the south outline of the property known as No. 101/11 W. Mount Royal Avenue, and in all, Easterly 190 feet, more or less, to the centerline of Maryland Avenue; thence binding on the centerline of Maryland Avenue, Northerly 174 feet, more or less, to the centerline of Mount Royal Avenue; thence binding on the centerline of Mount Royal Avenue, Easterly 1569 feet, more or less, to the centerline of Guilford Avenue; thence binding on the centerline of Guilford Avenue, Southerly 1527 feet, more or less, to the centerline of Eager Street; thence binding on the centerline of Eager Street, Westerly 197 feet, more or less, to the centerline of Hunter Street; thence binding on the centerline of Hunter Street, Southerly 529 feet, more or less, crossing Read Street to the west outline of the property known as No. 830 Guilford Avenue; thence binding on the west outline of the properties known as Nos. 830 through 810 Guilford Avenue, Southerly 337 feet, more or less, to the north side of Madison Street; thence crossing Madison Street and binding on the centerline of Hunter Street, Southerly 419 feet, more or less, to the centerline of Monument Street; thence binding on the centerline of Monument Street, Easterly 197 feet, more or less, to the centerline of Guilford Avenue; thence binding on the centerline of Guilford Avenue, Southerly 431 feet, more or less, to the centerline of Centre Street; thence binding on the centerline of Centre Street, Westerly 742 feet, more or less, to the line of the west side of St. Paul Place; thence binding in part on the line of the west side of St. Paul Place, in part on the west side of St. Paul Place, and in all, Southwesterly 272 feet, more or less, to the centerline of Hamilton Street, and thence binding on the centerline of Hamilton Street, Westerly 1124 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(x) 2000, art. 6, §7-1 Ord. 64-229 Ord. 67-970 Ord. 67-1065 Ord. 68-316 Ord. 77-324 Ord. 79-1187 Ord. 02-427 06-315 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be an Historical and Architectural Preservation District, and may be referred to as “Bolton Hill Historical and Architectural Preservation District”: Beginning for the same at the point formed by the intersection of the south side of North Avenue, 125 feet wide, and the northeast side of Morris Street, as closed in accordance with Ordinance No. 597, approved by the Mayor and City Council of Baltimore, July 13, 1965, and running thence by a straight line drawn at a right angle to the south side of said North Avenue, Northerly 62.5 feet to intersect the center line of said North Avenue; thence binding on the center line of said North Avenue, crossing Eutaw Place and Park Avenue, Easterly 2,945 feet, more or less, to intersect the line of the northeast side of Mount Royal Avenue, varying in width, if projected northwesterly; thence binding in part on last said line so projected, crossing Montreal Street, in part on the northeast side of said Mount Royal Avenue, and in all, Southeasterly 297 feet, more or less, to intersect the northwest side of McMechen Street, 66 feet wide; thence binding on the northwest side of said McMechen Street, Northeasterly 5 feet, more or less, to intersect the northeast side of Mount Royal Avenue, 160 feet wide; thence binding on the northeast side of last said Mount Royal Avenue, crossing Mosher Street and Lafayette Avenue, Southeasterly 1,157 feet, more or less, to intersect the northwest side of Howard Street, varying in width; thence binding on the northwest side of said Howard Street, Southwesterly 33 feet, more or less, to intersect the northeast side of Mount Royal Avenue, 125 feet wide; thence binding on the northeast side of last said Mount Royal Avenue, crossing Howard Street and Oliver Street, Southeasterly 710 feet, more or less, to intersect the line of the center line of Cathedral Street, 66 feet wide, if projected northerly; thence binding in part on last said line so projected, in part on the center line of said Cathedral Street and in all, Southerly 765 feet, more or less, to intersect the center line of Preston Street, 54 feet wide; thence binding in part on the center line of said Preston Street, in part on the line of the center line of said Preston Street, if projected westerly, and in all, Westerly 620 feet, more or less, to intersect the west side of Howard Street, 80 feet wide; thence binding on the west side of said Howard Street, Southerly 23 feet, more or less, to intersect the center line of Dolphin Street, 100 feet wide; thence binding on the center line of said Dolphin Street, crossing Bolton Street and Jordan Street, in a generally Southwesterly and Westerly direction 1,143 feet, more or less, to intersect the line of the southwest side of Jordan Street, 20 feet wide, if projected northwesterly; thence binding in part on the line of the southwest side of said Jordan Street, so projected, in part on the southwest side of said Jordan Street, and in all, Southeasterly 292 feet, more or less, to the southeast outline of the property known as No. 1123 N. Eutaw Street; thence binding on the southeast outline of the property known as No. 1123 N. Eutaw Street, Southwesterly 150 feet, more or less, to intersect the northeast side of Eutaw Street, 110 feet wide; thence binding in part on the northeast side of said Eutaw Street, in part on the line of the northeast side of said Eutaw Street, if projected, Northwesterly 292 feet, more or less, to intersect the center line of said Dolphin Street; thence binding on the center line of said Dolphin Street, Southwesterly 240 feet, more or less, to intersect the line of the northeast side of Morris Street, laid out 130 feet southwest of Eutaw Place, if projected southeasterly; thence binding in part on last said line so projected, in part on the northeast side of said Morris Street, crossing Lanvale Street and Lafayette Avenue, and in all, Northwesterly 988 feet, more or less, to the northwest outline of the property known as No. 1410 Eutaw Place; thence binding on the northwest outline of said property known as No. 1410 Eutaw Place, Northeasterly 10 feet, more or less, to intersect the northeast side of Morris Street, laid out 120 feet southwest of Eutaw Place; thence binding in part on the northeast side of last said Morris Street, in part on the line of the northeast side of last said Morris Street, if projected northwesterly crossing Mosher Street, in part on the northeast side of Morris Street, as closed in accordance with Ordinance No. 1373, approved by the Mayor and City Council of Baltimore November 19, 1962, in part on the line of the northeast side of last said Morris Street, if projected northwesterly, crossing McMechen Street, and in all, Northwesterly 690 feet, more or less, to intersect the northwest side of McMechen Street, 130 feet wide; thence binding on the northwest side of said McMechen Street, Southwesterly 8 feet, more or less, to intersect the northeast side of Morris Street, as closed in accordance with Ordinance No. 1310, approved by the Mayor and City Council of Baltimore July 16, 1962; thence binding in part on the northeast side of last said Morris Street, in part on the line of the northeast side of last said Morris Street if projected northwesterly, crossing Wilson Street, and in all, Northwesterly 332 feet, more or less, to intersect the northwest side of Wilson Street, 66 feet wide; thence binding on the northwest side of said Wilson Street, Southwesterly 2 feet, more or less, to intersect the northeast side of Morris Street, 20 feet wide; thence binding on the northeast side of last said Morris Street, crossing Laurens Street, Robert Street and Presstman Street, Northwesterly 1,189 feet, more or less, to intersect the northwest side of Presstman Street, 66 feet wide; thence binding on the northwest side of said Presstman Street, Northeasterly 3 feet, more or less, to intersect the northeast side of last said Morris Street; thence binding in part on the northeast side of last said Morris Street, in part on the line of the northeast side of last said Morris Street, if projected northwesterly, crossing Bloom Street and in all, Northwesterly 401 feet, more or less, to intersect the northwest side of Bloom Street, 66 feet wide; thence binding on the northwest side of said Bloom Street, Southwesterly 11 feet, more or less, to intersect the northeast side of last said Morris Street, and thence binding in part on the northeast side of last said Morris Street, as closed in accordance with Ordinance No. 597, approved by the Mayor and City Council of Baltimore July 13, 1965, and in all, Northwesterly 178 feet, more or less, to the place of beginning. Provided, however, that the following property is excluded from and is not included in the described area; the property of The Maryland Institute lying between Preston Street on the South and Dolphin Street and Mount Royal Avenue on the North and lying west of the property formerly known as Mt. Royal Station and more particularly described as follows: Beginning at the point formed by the intersection of the southeast side of Dolphin Street, 66 feet wide and the southwest side of Mount Royal Avenue, 125 feet wide, said point having a coordinate value of West 1256.08 feet and North 3306.94 feet, and running thence binding on the southwest side of said Mount Royal Avenue, South 43 33' 26" East 55.99 feet; thence by a straight line, South 04 22' 37" West 667.25 feet to intersect the northeast side of the former bed of Brevard Street; thence binding on the northeast side of the former bed of Brevard Street, North 43 35' 00" West 206.01 feet; thence by a straight line, North 04 22' 37" East 443.31 feet to intersect the southeast side of said Dolphin Street, and thence binding on the southeast side of said Dolphin Street, North 46 26'10" East 166.34 feet to the place of beginning. Containing 2.057 acres of land, more or less. City Code, 1976/83, art. 1, §40(aa) 2000, art. 6, §7-2 Ord. 67-1046 Ord. 99-589 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be an Historical and Architectural Preservation District, and may be referred to as “Seton Hill Historical and Architectural Preservation District”: Beginning for the same at the point formed by the intersection of the center line of Eutaw Street, as now laid out 66 feet wide and the center line of Franklin Street, as now laid out 66 feet wide, and running thence binding on the center line of said Franklin Street and crossing Paca Street westerly 760 feet, more or less, to intersect the center line of Pennsylvania Avenue, as now laid out; thence binding on the center line of said Pennsylvania Avenue northwesterly 675 feet, more or less, to intersect the center line of Orchard Street, as now laid out 60 feet wide; thence binding on the center line of said Orchard Street and crossing Tessier Street and Druid Hill Avenue northeasterly 1,150 feet, more or less, to intersect the center line of McCulloh Street, as now laid out 65 feet wide; thence binding on the center line of said McCulloh Street and crossing St. Mary Street South 38°-12'-00" East 415 feet, more or less, to intersect a line drawn parallel with and distant 30.0 feet northeasterly, measured at right angles, from the southwest side of Monument Street, as now laid out; thence binding on said line so drawn southeasterly 135 feet, more or less, to intersect the center line of said Eutaw Street and thence binding on the center line of said Eutaw Street and crossing Druid Hill Avenue and George Street southerly 835 feet, more or less, to the place of beginning. Provided, however, that not withstanding the provisions hereinabove in this section, the following properties are excluded from and are not included in the described area: The property listed in the Baltimore City tax records as Lot 14 in Block 17-8-547B, measuring 38 feet x 150 feet and known as 626-28 North Eutaw Street. The property listed in the Baltimore City tax records as Lot 16 in Block 17-8-547B, measuring 20 feet x 51 feet and known as 404 Druid Hill Avenue. The property listed in the Baltimore City tax records as Lot 18 in Block 17-8-547B, measuring 20 feet x 51 feet and known as 406-08 Druid Hill Avenue. The property listed in the Baltimore City tax records as Lot 19 in Block 17-8-547B, measuring 13 feet x 79 feet and known as 410 Druid Hill Avenue. The property listed in the Baltimore City tax records as Lot 20 in Block 17-8-547B, measuring 12 feet x 89 feet and known as 412 Druid Hill Avenue. The property listed in the Baltimore City tax records as Lot 21 in Block 17-8-547B, measuring 17 feet x 60 feet and known as 414 Druid Hill Avenue. The property listed in the Baltimore City tax records as Lot 22 in Block 17-8-547B, measuring 62 feet x 79 feet and known as 416 Druid Hill Avenue. The property listed in the Baltimore City tax records as Lot 96 in Block 17-8-547B, measuring 10 feet x 30 feet and known as 637 Jasper Street. The property listed in the Baltimore City tax records as Lot 97 in Block 17-8-547B, measuring 26 feet x 23 feet and known as 639 Jasper Street. The property listed in the Baltimore City tax records as Lot 100 in Block 17-8-547B, measuring 91 feet x 47 feet and known as 632-42 Jasper Street. City Code, 1976/83, art. 1, §40(bb) 2000, art. 6, §7-3 Ord. 68-193 Ord. 15-408

The parcel of land located within the boundaries set forth in this section is hereby declared to be within the Seton Hill Historical and Architectural District: Beginning for the same at the point formed by the intersection of the center line of Eutaw Street, as now laid out 66 feet wide, and the center line of Franklin Street, as now laid out 66 feet wide, and running thence binding on the center line of said Franklin Street and crossing Paca Street Westerly 760 feet, more or less, to intersect the center line of Pennsylvania Avenue, as now laid out; thence binding on the center line of said Pennsylvania Avenue Northwesterly 675 feet, more or less, to intersect the center line of Orchard Street, as now laid out 60 feet wide; thence binding on the center line of said Orchard Street and crossing Tessier Street and Druid Hill Avenue Northeasterly 1,150 feet, more or less, to intersect the center line of McCulloh Street, as now laid out 65 feet wide; thence binding on the center line of said McCulloh Street and crossing St. Mary Street South 38°-12'-00" East 415 feet, more or less, to intersect a line drawn parallel with and distant 30.0 feet northerly, measured at right angles, from the southwest side of Monument Street, as now laid out; thence binding on said line so drawn Southeasterly 135 feet, more or less, to intersect the center line of said Eutaw Street; thence binding on the center line of said Eutaw Street, Southerly 245 feet, more or less, to intersect the line of the southwest side of Centre Street, as now laid out 60 feet wide, if projected northwesterly; thence binding in part reversely on said line so projected, in part on the southwest side of said Centre Street, and in all, Southeasterly 132 feet, more or less, to the west side of Academy Alley, as now laid out 16 feet wide; thence binding on the west side of Academy Alley, southerly 201 feet, more or less, to intersect the north side of George Street, as now laid out; thence binding, in part on the north side of said George Street, if projected westerly, and in all Westerly 116 feet, more or less, to intersect the center line of said Eutaw Street and thence binding on the center line of said Eutaw Street, Southerly 333 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(bb-1) 2000, art. 6, §7-4 Ord. 79-1164 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be an Historical and Architectural Preservation District, and may be referred to as “Dickeyville Historical and Architectural Preservation District”: Beginning for the same at the point formed by the intersection of the northeast side of Dickey Hill Road, as now laid out 60 feet wide, and the southeast side of Weaver Lane, as now laid out 35 feet wide, and running thence binding on the line of the northeast side of said Dickey Hill Road if projected northwesterly, crossing Forest Park Avenue, as now laid out, Northwesterly, 95 feet, more or less, to intersect the northwest side of said Forest Park Avenue; thence binding on the northwest side of said Forest Park Avenue, Northeasterly 425 feet, more or less, to intersect the southwest side of Hillhouse Road, as now laid out 16 feet wide; thence binding on the southwest, west, and northwest sides of said Hillhouse Road the six following courses and distances; namely Northwesterly 197 feet, more or less, Northerly 198 feet, more or less, Northerly 149 feet, more or less, Northerly 83 feet, more or less, Northerly 66 feet, more or less, and Northeasterly 33 feet, more or less, to the northeasternmost extremity of said Hillhouse Road; thence binding on the northeasternmost extremity of said Hillhouse Road and on the southwest outline of the property now or formerly owned by Kernan’s Hospital, there situate, Southeasterly 16 feet, more or less, to the southeast outline of the property now or formerly owned by Kernan’s Hospital; thence binding on the southeast outline of the property now or formerly owned by Kernan’s Hospital and continuing to bind on the east, northeast, north, west, and northwest outlines of the property now or formerly owned by Kernan’s Hospital the seventeen following courses and distances; namely, Northeasterly 132 feet, more or less, Northerly 125 feet, more or less, Northerly 143 feet, more or less, Northwesterly 200 feet, more or less, Northwesterly 113 feet, more or less, Northerly 55 feet, more or less, Northeasterly 72 feet, more or less, Northeasterly 128 feet, more or less, Northwesterly 280 feet, more or less, Northwesterly 223 feet, more or less, Westerly 145 feet, more or less, Westerly 155 feet, more or less, Southerly 108 feet, more or less, Southwesterly 167 feet, more or less, Westerly 130 feet, more or less, Southwesterly 47 feet, more or less, and Northwesterly 400 feet, more or less, to intersect the western boundary line of Baltimore City Established 1918; thence binding on the western boundary line of Baltimore City Established 1918, Northerly 620 feet, more or less, to intersect the top of bank of the northeast side of Gwynns Falls; thence binding on the top of bank of the northeast, northwest and north sides of Gwynns Falls in a generally southeasterly, northeasterly, and easterly direction 2600 feet, more or less, to intersect the line of the northwest outline of the property known as #5012 W. Forest Park Avenue if projected southwesterly, crossing Purnell Drive; thence binding in part on last said line so projected, in part on the northwest outline of the properties known as #5012, #5010, and #5008 W. Forest Park Avenue and in all, Northeasterly 350 feet, more or less, to the northeast outline of the property known as #5008 W. Forest Park Avenue; thence binding on the northeast outline of the property known as #5008 W. Forest Park Avenue, Southeasterly 128 feet, more or less, to intersect the northwest side of Forest Park Avenue, as now laid out; thence by a straight line crossing last said Forest Park Avenue, Southeasterly 80 feet, more or less, to the point formed by the intersection of the southeast side of last said Forest Park Avenue and the northeast outline of the property known as #5007 W. Forest Park Avenue; thence binding on the northeast outline of the property known as #5007 W. Forest Park Avenue, Southeasterly 223 feet, more or less, to the southeast outline of last said property; thence binding in part on the southeast outline of last said property, in part on the line of the southeast outline of last said property, if projected southwesterly and in all, Southwesterly 325 feet, more or less, to intersect the top of bank of the northeast side of Gwynns Falls; thence binding on the top of bank of the northeast and east sides of Gwynns Falls in a generally southeasterly and southerly direction 940 feet, more or less, to intersect the division line between the property known as Lot 1/5 of Block 8393-H and the property adjoining on the southeast thereof known as Lot 7 of Block 8393-H; thence binding on last said division line, Northeasterly 35 feet, more or less, to intersect the southwest outline of the property known as #4900 Wetheredsville Road; thence binding on the southwest, northwest, north, and northeast outlines of the property known as #4900 Wetheredsville Road the twelve following courses and distances; namely, Northwesterly 248 feet, more or less, Northeasterly 57 feet, more or less, Northeasterly 73 feet, more or less, Easterly 57 feet, more or less, Easterly 69 feet, more or less, Northeasterly 176 feet, more or less, Northeasterly 137 feet, more or less, Northwesterly 95 feet, more or less; Northeasterly 60 feet, more or less, Southeasterly 123 feet, more or less, Northeasterly 424 feet, more or less, and Southeasterly 31 feet, more ore less, to intersect the top of bank of the northwest side of Gwynns Falls; thence binding on the top of bank of the northwest, northeast and east sides of Gwynns Falls in a generally northeasterly, southeasterly, and southerly direction 1400 feet, more or less, to intersect the line of the northwest outline of the property known as #4700 Wetheredsville Road if projected northeasterly; thence binding in part on last said line so projected, in part on the northwest outline of the property known as #4700 Wetheredsville Road, in part on the line of the northwest outline of last said property if projected southwesterly, crossing Wetheredsville Road and in all, Southwesterly 185 feet, more or less, to intersect the west side of Wetheredsville Road, as now laid out; thence binding along the west side of last said Wetheredsville Road in a generally northerly direction 105 feet, more or less, to intersect the former southwest outline of the United Railroad and Electric Company right of way; thence binding on the former southwest outline of the United Railroad and Electric Company right of way, northwesterly 410 feet, more or less, to intersect the south side of last said Wetheredsville Road; thence binding along the south side of last said Wetheredsville Road in a generally westerly direction 330 feet, more or less, to intersect a line drawn parallel with and distant 50.00 feet northeasterly, measured at right angles from the northeast outline of the property known as #4901 Wetheredsville Road; thence binding in part on last said line so drawn, in part on a line drawn parallel with and distant 50.00 feet northeasterly, measured at right angles from the northeast outline of the property known as #4923 Wetheredsville Road and in all southeasterly 495 feet, more or less, to intersect the line of the Forty-Ninth Line of this description if projected southwesterly; thence binding on last said line so projected, southwesterly 50 feet, more or less to intersect the northeast outline of the property known as #4923 Wetheredsville Road; thence binding on the northeast, and southeast outlines of the property known as #4923 Wetheredsville Road the three following courses and distances; namely, Southeasterly 110 feet, more or less, Southwesterly 331 feet, more or less, and Southwesterly 655 feet, more or less, to the easternmost corner of the property known as #4975 Wetheredsville Road; thence binding on the southeast, and southwest outlines of the property known as #4975 Wetheredsville Road the three following courses and distances; namely, Southwesterly 173 feet, more or less, Southwesterly 105 feet, more or less, and Northwesterly 198 feet, more or less; thence binding in part on the southeast outline of the properties known as #4975 Wetheredsville Road and #2301 Tucker Lane, in part on the southeasternmost extremity of Tucker Lane, in part on the southeast outline of the property known as #2300 Tucker Lane and in all, Southwesterly 398 feet, more or less, to the south outline of the property known as #2300 Tucker Lane; thence binding in part on the south outline of the properties known as #2300, #2302, #2304 Tucker Lane, and #5107 Sekots Road, in part on the southernmost extremity of Sekots Road, 50 feet wide, in part on the south outline of the property known as #5123 Wetheredsville Road and in all, Westerly 762 feet, more or less, to intersect the southeast outline of property known as #5137 Wetheredsville Road; thence binding in part on the southeast outline of the properties known as #5137, #5139, and #5141 Wetheredsville Road, in part on the southeast side of Weaver Lane, as now laid out 15 feet wide and all, Southwesterly 158 feet, more or less, to the northernmost extremity of Weaver Lane, as now laid out 35 feet wide; thence binding in part on the northeasternmost extremity of last said Weaver Lane, in part on the northeast line of the property known as #2215 Weaver Lane and in all, Southeasterly 110 feet, more or less, to the southeast outline of the property known as #2215 Weaver Lane; thence binding on the southeast outline of the properties known as #2215 and #2211 Weaver Lane, Southwesterly 170 feet, more or less, to the southwest outline of the property known as #2211 Weaver Lane; thence binding on the southwest outline of the property known as #2211 Weaver Lane, Northwesterly 90 feet, more or less, to intersect the southeast side of Weaver Lane, as now laid out 35 feet wide, and thence binding on the southeast side of last said Weaver Lane, Southwesterly 252 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(cc) 2000, art. 6, §7-5 Ord. 69-331 Ord. 15-408

Beginning for the same at the point formed by the intersection of the north side of Baltimore Street and the west outline of the property known as No. 1800 W. Baltimore Street and running thence binding on the west outline of said property, Northerly 104 feet, more or less, to the south side of a 9.5 foot alley; thence binding on the south side of said 9.5 foot alley, Easterly 16 feet, more or less, to intersect the west side of Fulton Avenue; thence binding on the west side of said Fulton Avenue, Southerly 44 feet, more or less, to intersect the line of the north outline of the property known as No. 1 North Fulton Avenue if projected westerly; thence binding in part reversely on said line so projected in part on the north outline of last said property and in all, Easterly 177 feet, more or less, to the west side of a 10 foot alley; thence binding on the west side of last said 10 foot alley, Southerly 10 feet, more or less, to intersect the line of the north outline of the property known as 1726/30 W. Baltimore Street if projected westerly; thence binding in part reversely on last said line so projected, in part on the north outline of last said property, in part on the line of the north outline of said property if projected easterly and in all, Easterly 80 feet, more or less, to intersect the east side of Bruce Street; thence binding on the east side of said Bruce Street, Northerly 10 feet, more or less, to the north outline of the property known as No. 1724 W. Baltimore Street; thence binding in part on the north outline of the properties known as Nos. 1724 through and including 1700/02 W. Baltimore Street, in part on the line of the north outline of the property known as No. 1700/02 W. Baltimore Street if projected easterly and in all, Easterly 223 feet, more or less, to intersect the east side of Mount Street; thence binding on the east side of said Mount Street, Northerly 40 feet, more or less, to the north outline of the property known as No. 1640 W. Baltimore Street; thence binding on the north outline of the properties known as Nos. 1640 through and including 1622 W. Baltimore Street, Easterly 157 feet, more or less, to the west side of Vincent Street; thence binding on the west side of said Vincent Street, Southerly 10 feet, more or less, to intersect the line of the north outline of the property known as No. 1620 W. Baltimore Street if projected westerly; thence binding in part reversely on last said line so projected, in part on the north outline of the properties known as Nos. 1620 through and including 1600 W. Baltimore Street, in part on the line of the north outline of the property known as No. 1600 W. Baltimore Street if projected easterly and in all, Easterly 243 feet, more or less, to intersect the east side of Gilmor Street; thence binding on the east side of said Gilmor Street, Northerly 10 feet, more or less, to the north outline of the property known as No. 1538 W. Baltimore Street; thence binding in part on the north outline of last said property, in part on the north outline of last said property if projected easterly and in all, Easterly 54 feet, more or less, to intersect the east side of a 5 foot alley; thence binding on the east side of said 5 foot alley, Southerly 1 foot more or less, to the north outline of the property known as No. 1532/1518 W. Baltimore Street; thence binding on the north outline of the properties known as Nos. 1532/1518 through and including 1508 W. Baltimore Street, Easterly 201 feet, more or less, to an east outline of the property known as No. 1508 W. Baltimore Street; thence binding on the east outline of last said property, Southerly 6 feet, more or less, to the north outline of the property known as No. 1506 W. Baltimore Street; thence binding on the north and east outlines of last said property the two following courses and distances; namely, Easterly 28 feet, more or less, and Southerly 19 feet, more or less, to the north outline of the property known as No. 1504 W. Baltimore Street; thence binding on the north outline of last said property, Easterly 17 feet, more or less to the westernmost outline of the property known as No. 1500 W. Baltimore Street; thence binding on the westernmost and northernmost outlines of last said property the two following courses and distances; namely, Northerly 15 feet, more or less, and Easterly 34 feet, more or less, to the west side of Stricker Street; thence by a straight line, crossing said Stricker Street, Easterly 66 feet, more or less, to the point formed by the intersection of the east side of said Stricker Street and the north outline of the property known as No. 1436 W. Baltimore Street; thence binding on the north outline of the properties known as Nos. 1436 through and including 1424 W. Baltimore Street, Easterly 157 feet, more or less, to the west side of Norris Alley; thence binding on the west side of said Norris Alley, Southerly 6 feet, more or less, to intersect the line of the north outline of the property known as No. 1418/1416 W. Baltimore Street if projected westerly; thence binding in part reversely on last said line so projected, in part on the north outline of the properties known as Nos. 1418/1416 through and including 1400 W. Baltimore Street, in part on the line of the north outline of the property known as No. 1400 W. Baltimore Street if projected easterly and in all, Easterly 242 feet, more or less, to intersect the east side of Calhoun Street; thence binding on the east side of said Calhoun Street, Southerly 46 feet, more or less, to the northernmost outline of the property known as No. 1/3 N. Calhoun Street; thence binding on the northernmost, east, and north outlines of last said property the three following courses and distances; namely, Easterly 31 feet, more or less, Southerly 3 feet, more or less, and Easterly 69 feet, more or less, to the west outline of the property known as No. 1318 W. Baltimore Street; thence binding on the west outline of last said property, Northerly 15 feet, more or less, to the north outline of last said property; thence binding in part on the north outline of the properties known as Nos. 1318 through and including 1314 W. Baltimore Street, in part on the line of the north outline of the property known as No. 1314 W. Baltimore Street if projected easterly and in all, Easterly 74 feet, more or less, to intersect the east side of Woodyear Street; thence binding on the east side of said Woodyear Street, Northerly 30 feet, more or less, to the north outline of the property known as No. 1312/1310 W. Baltimore Street; thence binding on the north and east outlines of last said property the two following courses and distances; namely, Easterly 48 feet, more or less, and Southerly 65 feet, more or less, to the north outline of the property known as No. 2 N. Carey Street; thence binding in part on the north outline of last said property, in part on the line of the north outline of last said property if projected easterly and in all, Easterly 175 feet, more or less, to intersect the east side of Carey Street; thence binding on the east side of said Carey Street, Northerly 27 feet, more or less, to the north outline of the property known as No. 1/3 N. Carey Street; thence binding on the north outline of last said property, Easterly 116 feet, more or less, to the east outline of last said property; thence binding on the east outline of last said property, Southerly 3 feet, more or less, to the north outline of the property known as No. 1220 W. Baltimore Street; thence binding in part on the north outline of the properties known as No. 1220 and No. 1218 W. Baltimore Street, in part on the line of the north outline of last said property if projected easterly and in all, Easterly 61 feet, more or less, to intersect the east side of Stockton Street; thence binding on the east side of said Stockton Street, Northerly 7 feet, more or less, to the north outline of the property known as No. 1216 W. Baltimore Street; thence binding on the north outline of the properties known as No. 1216 and No. 1214 W. Baltimore Street, Easterly 36 feet, more or less, to the west outline of the property known as No. 1212/1210 W. Baltimore Street; thence binding in part on the west outline of last said property, in part on the line of the west outline of the last said property if projected northerly and in all, Northerly 140 feet, more or less, to intersect the north side of Fairmount Avenue; thence binding in part on the north side of said Fairmount Avenue, in part on the line of the north side of said Fairmount Avenue if projected easterly and in all, Easterly 187 feet, more or less, to intersect the east side of Carrollton Avenue; thence binding on the east side of said Carrollton Avenue, Southerly 110 feet, more or less, to the north outline of the property known as No. 1128 W. Baltimore Street; thence binding on the north outline of last said property, Easterly 12 feet, more or less, to the west outline of the property known as No. 1126 W. Baltimore Street; thence binding on the west outline of last said property, Northerly 75 feet, more or less, to the south side of Fairmount Avenue; thence binding on the south side of said Fairmount Avenue, easterly 141 feet, more or less, to the east outline of the property known as No. 1120/1110 W. Baltimore Street; thence binding on the east outline of last said property, Southerly 60 feet, more or less, to the north outline of the property known as No. 1108 W. Baltimore Street; thence binding on the north outline of the properties known as Nos. 1108 through and including 1104 W. Baltimore Street, Easterly 59 feet, more or less, to the east outline of the property known as No. 1104 W. Baltimore Street; thence binding on the east outline of last said property, Southerly 20 feet, more or less, to the north outline of the property known as No. 1102 W. Baltimore Street; thence binding in part on the north outline of the properties known as No. 1102 and No. 1100 W. Baltimore Street, in part on the line of the north outline of last said property if projected easterly and in all, Easterly 53 feet, more or less, to the east side of Carlton Street; then binding on the east side of said Carlton Street, Northerly 5 feet, more or less, to the north outline of the property known as No. 1058 W. Baltimore Street; thence binding on the north outline of the properties known as No. 1058 and No. 1056 W. Baltimore Street, Easterly 37 feet, more or less, to the west outline of the property known as No. 1054 W. Baltimore Street; thence binding on the west outline of last said property, Northerly 22 feet, more or less, to the north outline of last said property; thence binding on the north outline of last said property and continuing to bind on the northernmost outline of the property known as No. 1052 W. Baltimore Street, Easterly 30 feet, more or less, to an east outline of last said property; thence binding on an east outline of last said property Southerly 4 feet, more or less, to a north outline of last said property; thence binding on the north outline of the properties known as Nos. 1052 through and including 1042 W. Baltimore Street, Easterly 77 feet, more or less, to the west outline of the property known as No. 1040/1032 W. Baltimore Street; thence binding in part on the west outline of last said property, in part on the line of the west outline of last said property if projected northerly and in all, Northerly 85 feet, more or less, to intersect the north side of Fairmount Avenue; thence binding in part on the north side of said Fairmount Avenue, in part on the line of the north side of said Fairmount Avenue if projected easterly and in all, Easterly 425 feet, more or less, to intersect the east side of Schroeder Street; thence binding on the east side of said Schroeder Street, Southerly 93 feet, more or less, to the north outline of the property known as No. 946 W. Baltimore Street; thence binding on the north outline of last said property, Easterly 16 feet, more or less, to the east outline of last said property; thence binding in part on the east outline of last said property, in part on the line of the east outline of last said property if projected southerly and in all, Southerly 143 feet, more or less, to intersect the south side of Baltimore Street; thence binding on the south side of said Baltimore Street, Easterly 1 foot, more or less, to the east outline of the property known as No. 947 W. Baltimore Street; thence binding on the east outline of last said property, Southerly 61 feet, more or less, to the north outline of the property known as No. 3 S. Schroeder Street; thence binding on the north outline of last said property, Easterly 27 feet, more or less, to the east outline of last said property; thence binding in part on the east outline of the properties known as Nos. 3 through and including 13 S. Schroeder Street, in part on the line of the east outline of the property known as No. 13 S. Schroeder Street if projected southerly and in all, Southerly 98 feet, more or less, to intersect the south side of Booth Street; thence binding on the south side of said Booth Street, Westerly 44 feet, more or less, to intersect the east side of Schroeder Street; thence binding on the east side of said Schroeder Street, Southerly 426 feet, more or less, to the north outline of the property known as No. 950 W. Lombard Street; thence binding on the north outline of last said property, Easterly 14 feet, more or less, to the east outline of last said property; thence binding on the east outline of last said property, Southerly 69 feet, more or less, to the north side of Lombard Street; thence binding on the north side of said Lombard Street, crossing Schroeder Street, Mt. Clare Street, Arlington Avenue, Carlton Street, Carrollton Avenue, Stockton Street, and Carey Street, Westerly 1325 feet, more or less, to the northwest corner of Lombard Street and Carey Street; thence binding on the west side of said Carey Street, Southerly 216 feet, more or less, to intersect the north side of Lemmon Street; thence binding on the north side of said Lemmon Street, Westerly 84 feet, more or less, to intersect the extension of the west side of the second 3 foot alley west of Carey Street; thence binding on the extension of and the west side of said 3 foot alley, Southerly 197 feet, more or less, to intersect the south side of Pratt Street; thence binding on the south side of Pratt Street, Westerly 8 feet, more or less, to the western property line of No. 1311 West Pratt Street; thence binding on the western property line of No. 1311 West Pratt Street, Southerly 90 feet, more or less, to the north side of the first 10 foot alley; thence binding in part on the south outline of the properties known as No. 1313 through and including No. 1321 W. Pratt Street, in part on the line of the south outline of the property known as No. 1321 W. Pratt Street, if projected westerly, and in all, Westerly 86 feet, more or less, to intersect the west side of Woodyear Street; thence binding on the west side of said Woodyear Street, Northerly 20 feet, more or less, to the south outline of the property known as No. 1323 W. Pratt Street; thence binding on the south outline of the properties known as Nos. 1323 through and including 1337 W. Pratt Street, Westerly 96 feet, more or less, to the west outline of the property known as No. 1337 W. Pratt Street; thence binding on the west outline of last said property, Northerly 55 feet, more or less, to intersect the line of the south outline of the property known as No. 201 S. Calhoun Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 127 feet more or less, to intersect the west side of Calhoun Street; thence binding on the west side of said Calhoun Street, Southerly 35 feet, more or less, to the south outline of the property known as No. 200/06 S. Calhoun Street; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 177 feet, more or less, to intersect the west side of Norris Street; thence binding on the west side of said Norris Street, Southerly 20 feet, more or less, to the south outline of the property known as No. 1409 W. Pratt Street; thence binding on the south outline of the properties known as Nos. 1409 through and including 1419 W. Pratt Street, Westerly 84 feet, more or less, to the west outline of the property known as No. 1419 W. Pratt Street; thence binding on the west outline of last said property, Northerly 56 feet, more or less, to intersect the line of the south outline of the property known as No. 201 S. Stricker Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 138 feet, more or less, to intersect the west side of Stricker Street; thence binding on the west side of said Stricker Street, Northerly 1 foot, more or less, to the south outline of the property known as No. 200 S. Stricker Street; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 66 feet, more or less, to intersect the east outline of the property known as No. 1505 W. Pratt Street; thence binding on the east outline of last said property, Southerly 52 feet, more or less, to the south outline of last said property; thence binding on the south outline of the properties known as Nos. 1505 through and including 1517 W. Pratt Street, Westerly 91 feet, more or less, to the east side of Parrish Street; thence binding on the east side of said Parrish Street, Southerly 8 feet, more or less, to intersect the line of the south outline of the property known as No. 1519 W. Pratt Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of the properties known as Nos. 1519 through and including 1527 W. Pratt Street and in all, Westerly 93 feet, more or less, to the west outline of the property known as No. 1527 W. Pratt Street; thence binding on the west outline of last said property, Northerly 57 feet, more or less, to intersect the line of the south outline of the property known as No. 201 S. Gilmor Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 150 feet, more or less, to intersect the west side of Gilmor Street; thence binding on the west side of Gilmor Street, Northerly 1 foot, more or less, to the south outline of the property known as No. 200 S. Gilmor Street; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 78 feet, more or less, to intersect the east outline of the property known as No. 1601 W. Pratt Street; thence binding on the east, south, and west outlines of last said property the three following courses and distances; namely, Southerly 64 feet, more or less, Westerly 16 feet, more or less, and Northerly 22 feet, more or less, to the south outline of the property known as No. 1603 W. Pratt Street; thence binding on the south outline of the properties known as Nos. 1603 and including 1609 W. Pratt Street, Westerly 50 feet, more or less, to the east outline of the property known as No. 1611 W. Pratt Street; thence binding on the east outline of last said property, Southerly 2 feet, more or less, on the south outline of last said property; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 33 feet, more or less, to intersect the west side of said Vincent Street; thence binding on the west side of Vincent Street, Southerly 10 feet, more or less, to the south outline of the property known as No. 1613 W. Pratt Street; thence binding in part on the south outline of the properties known as Nos. 1613 through and including 1635 W. Pratt Street, in part on the line of the south outline of the property known as No. 1635 W. Pratt Street if projected westerly and in all, Westerly 223 feet, more or less, to intersect the west side of Mount Street; thence binding on the west side of said Mount Street, Southerly 156 feet, more or less, to a south outline of the property known as No. 1700 McHenry Street; thence binding on the south and east outlines of last said property the two following courses and distances; namely, Westerly 60 feet, more or less, and Southerly 55 feet, more or less, to the north side of McHenry Street; thence binding on the north side of said McHenry Street, Westerly 96 feet, more or less, to intersect the east side of Bruce Street; thence binding on the east side of said Bruce Street, Northerly 219 feet, more or less, to intersect the line of the south outline of the property known as No. 1719 W. Pratt Street if projected easterly; thence binding in part reversely on last said line so projected, in part on the south outline of the properties known as Nos. 1719 through and including 1725 W. Pratt Street, in part on the line of the south outline of the property known as No. 1725 W. Pratt Street if projected westerly, crossing a 10 foot alley, in part on the south outline of the properties known as Nos. 1727 through and including 1735 W. Pratt Street and in all, Westerly 160 feet, more or less, to the east outline of the property known as No. 1737 W. Pratt Street; thence binding on the east outline of last said property, Southerly 2 feet, more or less, to the south outline of last said property; thence binding in part on the south outline of last said property, in part on the line of the south outline of last said property if projected westerly and in all, Westerly 83 feet, more or less, to intersect the west side of Fulton Avenue; thence binding on the west side of said Fulton Avenue, Southerly 8 feet, more or less, to the south outline of the property known as No. 1801 W. Pratt Street; thence binding on the south outline of last said property, Westerly 16 feet, more or less, to the west outline of last said property; thence binding in part on the west outline of last said property, in part on the line of the west outline of last said property if projected northerly and in all, Northerly 136 feet, more or less, to intersect the north side of Pratt Street; thence binding on the north side of said Pratt Street, Westerly 84 feet, more or less, to the west outline of the property known as No. 1800 W. Pratt Street; thence binding in part on the west outline of the property known as No. 1800 W. Pratt Street, in part on the west outline of the properties known as Nos. 126 through and including 122 S. Fulton Avenue and in all, Northerly 108 feet, more or less, to the south outline of the property known as No. 120 S. Fulton Avenue; thence binding on the south, west, and north outlines of last said property the three following courses and distances; namely, Westerly 56 feet, more or less, Northerly 18 feet, more or less, and Easterly 14 feet, more or less, to the west outline of the property known as No. 118 S. Fulton Avenue; thence binding on the west and north outlines of last said property the two following courses and distances; namely, Northerly 15 feet, more or less, and Easterly 62 feet, more or less, to the west outline of the property known as No. 116 S. Fulton Avenue; thence binding on the west outline of the properties known as Nos. 116 through and including 110 S. Fulton Avenue, Northerly 60 feet, more or less, to the south outline of the property known as No. 108 S. Fulton Avenue; thence binding on the south outline of last said property, Westerly 20 feet, more or less, to the west outline of last said property; thence binding in part on the west outline of the properties known as Nos. 108 through and including 104/100 S. Fulton Avenue, in part on the line of the west outline of the property known as No. 104/100 S. Fulton Avenue if projected northerly and in all, Northerly 163 feet, more or less, to intersect the north side of Lombard Street, thence binding on the north side of said Lombard Street, Easterly 10 feet, more or less, to the west outline of the property known as No. 54 S. Fulton Avenue; thence binding on the west outline of the properties known as Nos. 54 through and including 46 S. Fulton Avenue, Northerly 90 feet, more or less, to the south outline of the property known as No. 44 S. Fulton Avenue; thence binding on the south outline of last said property, Westerly 35 feet, more or less, to the west outline of last said property; thence binding on the west outline of the properties known as No. 44 and No. 42 S. Fulton Avenue; Northerly 36 feet, more or less, to the south outline of the property known as No. 40 S. Fulton Avenue; thence binding on the south and west outlines of last said property the two following courses and distances; namely, Westerly 7 feet, more or less, and Northerly 18 feet, more or less, to the south outline of the property known as No. 38 S. Fulton Avenue; thence binding on the south outline of last said property, Westerly 70 feet, more or less, to the east side of Addison Street; thence binding on the east side of said Addison Street, Northerly 18 feet, more or less, to the north outline of last said property; thence binding on the north outline of last said property, Easterly 105 feet, more or less, to the west outline of the property known as No. 36 S. Fulton Avenue; thence binding in part on the west outline of the properties known as Nos. 36 through and including 26/22 S. Fulton Avenue, in part on the line of the west outline of the property known as No. 26/22 S. Fulton Avenue if projected northerly and in all, Northerly 210 feet, more or less, to intersect the north side of Hollins Street; thence binding on the north side of said Hollins Street, Westerly 105 feet, more or less, to intersect the line of the east side of Addison Street if projected northerly; thence binding on last said line so projected, Northerly 150 feet, more or less, to intersect the north side of Booth Street, thence binding on the north side of said Booth Street, Easterly 182 feet, more or less, to the west outline of the property known as No. 1801 W. Baltimore Street; thence binding in part on the west outline of last said property, in part on the line of the west outline of last said property if projected northerly and in all, Northerly 233 feet, more or less, to intersect the north side of said Baltimore Street and thence binding on the north side of said Baltimore Street, Westerly 10 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(dd) 2000, art. 6, §7-6 Ord. 70-821 Ord. 77-580 Ord. 15-408

The parcel of land located within the boundaries set forth in this section is hereby declared to be within the Mt. Royal Terrace-Reservoir Hill Historical and Architectural District: Beginning for the same at the point formed by the intersection of the northeast face of the southwest concrete curb of Mt. Royal Terrace and the north side of North Avenue, varying in width, and running thence binding on the north side of said North Avenue, Westerly 325 feet, more or less, to intersect the northeast side of a 16 foot alley, there situate; thence binding on the northeast side of said 16 foot alley, Northwesterly 155 feet, more or less, to intersect the northeast side of an alley of varying width, there situate; thence binding on the northeast side of last said alley, Northwesterly 16 feet, more or less, to intersect the north side of a 20 foot alley, there situate; thence binding on the north side of last said alley, Westerly 43 feet, more or less, to intersect the northeast side of a 16 foot alley, there situate; thence binding on the northeast side of last said alley, Northwesterly 82 feet, more or less, to intersect the line of the north side of a 12 foot alley, there situate, if projected easterly; thence binding in part reversely on the line of the north side of last said alley, so projected, in part on the north side of last said alley, and in all, Westerly 184 feet more or less, to intersect the east side of a 10 foot alley, there situate; thence binding on the east side of last side alley, Northerly 100 feet, more or less, to intersect the south side of Lennox Street, 66 feet wide; thence by a straight line crossing said Lennox Street, Northerly 66 feet. more or less, to a point formed by the intersection of the north side of said Lennox Street and the east side of a 9 foot alley, there situate; thence binding on the east side of last said alley, Northerly 90 feet, more or less, to intersect the south side of a 10 foot alley, there situate; thence binding in part on the south side of last said alley, in part on the line of the south side of last said alley, if projected easterly, and in all, Easterly 95 feet, more or less, to intersect the east side of a 15 foot alley, there situate; thence binding on the east side of last said alley, Northerly 84 feet, more or less, to intersect the north side of a 15 foot alley, there situate, if projected easterly; thence binding in part reversely on the line of the north side of last said alley, so projected, in part on the line of the north side of last said alley, and in all, Westerly 93 feet, more or less, to intersect the east side of a 15 foot alley, there situate; thence binding on the east side of last said alley, Northerly 34 feet, more or less, to intersect the northeast side of a 12 foot alley, there situate; thence binding on the northeast side of last said alley, Northwesterly 32 feet, more or less, to intersect the east side of an 8.5 foot alley, there situate; thence binding in part on the east side of last said alley and in part on the east side of last said alley, if projected northerly, and in all, Northerly [144 feet, more or less, to intersect the north side of Reservoir Street, 66 feet wide; thence binding on the north side of said Reservoir Street, Westerly 118 feet, more or less, to intersect the northeast side of Park Avenue, 66 feet wide; thence binding on the northeast side of said Park Avenue, Northwesterly 233 feet, more or less, to intersect the southeast side of Park Avenue, varying from a width of 66 feet to a width of 120 feet; thence binding on the southeast side of last said Park Avenue, Northeasterly 52 feet, more or less, to intersect the northeast side of Park Avenue, 120 feet wide; thence binding on the northeast side of last said Park Avenue, Northwesterly 163 feet, more or less, to intersect the division line between No. 2033 Park Avenue and No. 2001 Park Avenue; thence binding in part on the last said division line and in part of the last said division line, if projected northeasterly, and in all, Northeasterly 161 feet, more or less, to intersect the northeast side of a 15 foot alley, there situate; thence binding on the northeast side of last said alley, Northwesterly 65 feet, more or less, to intersect the southeast side of Newington Avenue, 66 feet wide; thence by a straight line crossing said Newington Avenue, Northwesterly 66 feet more or less, to the point formed by the intersection of the northwest side of said Newington Avenue and the northeast side of a 15 foot alley laid out 135 feet southwest of last said Mt. Royal Terrace; thence binding on the northeast side of last said alley, Northwesterly 329] 111 feet, more or less, to intersect the centerline of Reservoir Street, 66 feet wide; thence binding on the centerline of said Reservoir Street, Westerly 341 feet, more or less, to intersect the line of the centerline of a 15 foot alley, laid out in the rear of the properties known as Nos. 2000 through 2042 Park Avenue, if projected southeasterly; thence binding in part reversely on the line of the centerline of said 15 foot alley, so projected, in part on the centerline of said 15 foot alley, and in all, Northwesterly 401 feet, more or less, to intersect the centerline of Newington Avenue, 66 feet wide; thence binding on the centerline of said Newington Avenue, Northeasterly 399 feet, more or less, to intersect the line of the northeast side of a 15 foot alley, laid out 135 feet southwest of last said Mt. Royal Terrace, if projected southeasterly; thence binding in part reversely on the line of the northeast side of said 15 foot alley, so projected, in part on the northeast side of last said alley, and in all, Northwesterly 362 feet, more or less, to intersect the southeast side of Whitelock Street, 66 feet wide, thence by a straight line crossing said Whitelock Street, Northwesterly 66 feet, more or less, to the point formed by the intersection of the northwest side of said Whitelock Street and the northeast side of a 15 foot alley laid out 135 feet southwest of last said Mt. Royal Terrace; thence binding on the northeast side of last said alley, Northwesterly 294 feet, more or less, to intersect the east side of Park Avenue, 120 feet wide; thence binding on the east side of last said Park Avenue, northerly 237 feet, more or less, to intersect the southwest side of last said Mt. Royal Terrace thence binding on the southwest side of last said Mt. Royal Terrace crossing said Whitelock Street, and said Newington Avenue the two following courses and distances; namely, Southeasterly 1606 feet, more or less, and Southerly 32 feet, more or less, to intersect the north side of said Reservoir Street; thence by a straight line crossing said Reservoir Street, Southeasterly 80 feet, more or less, to the point formed by the intersection of the south side of said Reservoir Street and the northeast face of the southwest concrete curb of Mt. Royal Terrace mentioned firstly herein and thence binding on the northeast and east face of the southwest and west concrete curb of Mt. Royal Terrace mentioned firstly herein, crossing said Lennox Street, in a generally southeasterly direction 840 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ee) 2000, art. 6, §7-7 Ord. 76-062 Ord. 78-612 Ord. 84-059 Ord. 91-705 Ord. 07-547 Ord. 15-408

The parcel of land located within the boundaries set forth in this section are hereby declared to be within the Madison Park Historic and Architectural Preservation District. Beginning for the same at the point formed by the intersection of the northwest side of Laurens Street, 66 feet wide, and the northeast side of Morris Street, 20 feet wide, and running thence binding on the northeast side of said Morris Street and on the southwest outline of the Commission for Historical and Architectural Preservation-Bolton Hill Preservation District Boundary, Northwesterly 648 feet, more or less, to intersect the northwest outline of the property known as No. 1920 Eutaw Place; thence binding on the northwest outline of said property and on a northwest outline of said Bolton Hill Preservation District Boundary, Northeasterly 38 feet, more or less, to the southwest outline of the property known as No. 1922 Eutaw Place; thence binding in part on the southwest outline of last said property, in part on the northeast side of the former bed of Morris Street, 20 feet wide, as condemned and closed in accordance with Ordinance No. 1205, approved December 2, 1967, in part on the line of the northeast side of the former bed of last said Morris Street, if projected northwesterly, and in all, along the southwest outline of said Bolton Hill Preservation District Boundary, crossing Presstman Street, Northwesterly 145 feet, more or less, to intersect the northwest side of Presstman Street, 66 feet wide; thence binding on the northwest side of said Presstman Street and on a southeast outline of said Bolton Hill Preservation District Boundary, Southwesterly 36 feet, more or less, to intersect the northeast side of Morris Street, 15 feet wide; thence binding in part on the northeast side of last said Morris Street, in part on the northeast side of Morris Street, 20 feet wide, in part on the line of the northeast side of last said Morris Street, if projected northwesterly, and in all, along the southwest outline of said Bolton Hill Preservation District Boundary, crossing Bloom Street, Northwesterly 401 feet, more or less, to intersect the northwest side of Bloom Street, 66 feet wide; thence binding on the northwest side of said Bloom Street and on a southeast outline of said Bolton Hill Preservation District Boundary, Southwesterly 11 feet, more or less, to intersect the northeast side of Morris Street, 20 feet wide; thence binding in part on the northeast side of last said Morris Street, in part on the northeast side of the former bed of Morris Street, 20 feet wide, as condemned and closed in accordance with Ordinance No. 597, approved July 13, 1965 and in all, along the southwest outline of said Bolton Hill Preservation District Boundary, Northwesterly 178 feet, more or less, to intersect the south side of North Avenue, 125 feet wide; thence by a straight line drawn at a right angle to the south side of said North Avenue and along the westernmost outline of said Bolton Hill Preservation District Boundary, Northerly 62.5 feet to intersect the center line of said North Avenue; thence binding on the center line of said North Avenue, Westerly 158 feet, more or less, to intersect the line of the southeast side of Gold Street, 66 feet wide, if projected northeasterly; thence binding in part reversely on said line so projected, in part on the southeast side of said Gold Street, and in all, crossing Madison Avenue, Southwesterly 246 feet, more or less, to intersect the northeast side of Tiffany Street, 15 feet wide; thence binding on the northeast side of said Tiffany Street, crossing Bloom Street, Presstman Street and Robert Street, Southeasterly 1523 feet, more or less, to intersect the northwest side of Laurens Street, 66 feet wide and thence binding on the northwest side of said Laurens Street, crossing Madison Avenue and Morris Street, Northeasterly 334 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(gg) 2000, art. 6, §7-8 Ord. 77-503 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be a Historic and Architectural District and may be referred to as Waverly Historic and Architectural District: Beginning for the same at the point formed by the intersection of the north side of 34th Street, as now laid out 66 feet wide and the east side of Old York Road, as now laid out 50 feet wide, and running thence binding on the east side of said Old York Road, northerly 184 feet, more or less, to the north outline of the property known as No. 3411 Old York Road; thence binding in part on the north outline of said property, and in all, easterly 143 feet, more or less, to the east side of said alley; thence binding on the east side of said alley, southerly 5 feet, more or less, to the north side of a 10 foot alley; thence binding on the north side of said 10 foot alley, easterly 31 feet, more or less, to the northwest corner of the property known as 612 E. 34th Street; thence binding on the north outline of the properties known as No. 612 through and including 620/22 E. 34th Street, easterly 397 feet, more or less, to the east outline of the property known as No. 620/622 E. 34th Street; thence binding in part on the east outline of last said property, in part on the line of the east outline of last said property, if projected southerly, and in all, southerly 149 feet, more or less, to intersect the south side of said 34th Street; thence binding on the south side of said 34th Street, westerly 129 feet, more or less, to intersect the center line of Tinges Lane, as now laid out 20 feet wide; thence binding on the center line of said Tinges Lane, southerly 224 feet, more or less, to intersect the north side of Venable Avenue, as now laid out 40 feet wide; thence binding on the north side of said Venable Avenue, westerly 331 feet, more or less, to the west outline of the property known as No. 612 Venable Avenue; thence binding on the west outline of last said property, northerly 105 feet, more or less, to the center line of a 10 foot alley, laid out in the rear of the properties known as Nos. 619 through and including 601 E. 34th Street; thence binding on the center line of last said 10 foot alley, westerly 138 feet, more or less, to intersect the east side of said Old York Road and thence binding on the east side of said Old York Road, northerly 173 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(hh) 2000, art. 6, §7-9 Ord. 78-720 Ord. 95-660 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be a Historic and Architectural District and may be referred to as Loft Historic and Architectural District: Beginning for the same at the point formed by the intersection of the west side of Paca Street, as now laid out 82.5 feet wide, and the north side of Lombard Street, as now laid out 66 feet wide, and running thence binding on the north side of said Lombard Street, Westerly 327 feet, more or less, to intersect the east side of Greene Street, as now laid out 66 feet wide; thence binding on the east side of said Greene Street, Northerly, 185 feet, more or less, to intersect the line of the north outline of the property known as No. 32/34 S. Paca Street if projected Westerly; thence binding in part reversely on said line so projected, in part on the north outline of the property known as No. 32/34 S. Paca Street, and in all, Easterly 327 feet, more or less, to the aforesaid west side of Paca Street and thence binding on the west side of said Paca Street, Southerly 185 feet, more or less, to the place of beginning. <strong>Addition 1:</strong> Beginning for the same at the point formed by the intersection of the south side of Lombard Street, as now laid out and the west side of the former bed of Hopkins Place, as condemned and closed under Ordinance No. 679, approved June 14, 1974 and running thence binding on the west side of the former bed of said Hopkins Place, Southerly 27 feet, more or less, to the south outline of the property known as No. 100 Hopkins Place; thence binding on the south outline of said property, Westerly 130 feet, more or less, to the east side of the former bed of a 20 foot alley, as condemned and closed under said ordinance; thence binding on the east side of the former bed of said 20 foot alley, Northerly 27 feet, more or less, to the south side of said Lombard Street and thence binding on the south side of said Lombard Street, Easterly 130 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ii) 2000, art. 6, §7-10 Ord. 78-715 Ord. 79-1130 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be a Historic and Architectural District, and may be referred to as Ridgely’s Delight Historical and Architectural Preservation District: Beginning for the same at the intersection of the north side of West Pratt Street and the center line of the proposed City Boulevard; thence from said point of beginning and binding on the north side of Pratt Street easterly to intersect the east side of Greene Street; thence binding on the east side of Greene Street southerly to intersect the center line of the proposed City Boulevard; thence binding on the center line of the proposed City Boulevard northerly to the point of beginning. Provided, however, that notwithstanding the provisions hereinabove in this section, the following property is excluded from and is not included in the described area: The property listed in the Baltimore City Tax records as Lot 1 in Block 676, measuring 289 feet by 280 feet and known as 220 South Greene Street. City Code, 1976/83, art. 1, §40(jj) 2000, art. 6, §7-11 Ord. 79-1175 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be a Historical and Architectural District and may be referred to as Stirling Street Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the south side of Monument Street, as now laid out 66 feet wide and west side of Flatiron Alley, 51 feet wide, as shown on the final subdivision plan of the Department of Housing and Community Development Oldtown Project recorded or intended to be recorded among the Land Records of Baltimore City immediately prior hereto and running thence binding on the west side of said Flatiron Alley, South 02°-55'-25" East 50.97 feet to the northwest side of Flatiron Alley, varying in width, as shown on said final subdivision plan; thence binding on the northwest side of last said Flatiron Alley, varying in width, by a line curving to the right with a radius of 16.01 feet the distance of 8.20 feet which arc is subtended by a chord bearing South 53°-07'-16" West 8.11 feet; thence binding in part on the northwest side of last said Flatiron Alley, varying in width, in part on the northwest side of Flatiron Alley, 36 feet wide, as shown on said final subdivision plan, and in all, South 67°-47'-40" West 39.65 feet; thence binding in part on the northwest side of last said Flatiron Alley, 36 feet wide, in part on northwest side of Flatiron Alley, varying in width, as shown on said final subdivision plan, and in all, by a line curving to the left with a radius of 121.00 feet the distance of 97.00 feet which arc is subtended by a chord bearing 44°-49'-42" West 94.43 feet; thence continuing to bind on the northwest side of last said Flatiron Alley, varying in width, by a line curving to the right with a radius of 60.00 feet the distance of 25.45 feet which arc is subtended by a chord bearing South 34°-00'-54.5" West 25.26 feet; thence binding on the northwest side of Flatiron Alley, 36 feet wide, as shown on said final subdivision plan, South 46°-10'-05" West 357.42 feet to the northeast side of Mott Street, 60 feet wide, as shown on said final subdivision plan; thence binding on the northeast side of said Mott Street, North 40°-57'-55" West 213.15 feet to the southeast side of Ensor Street, as realigned and widened, as shown on said final subdivision plan; thence binding on the southeast side of said Ensor Street, as realigned and widened, the three following courses and distances; namely, by a line curving to the right with a radius of 414.74 feet the distance of 16.83 feet which arc is subtended by a chord bearing North 45°-38'-20.5" East 16.83 feet, by a line curving to the left with a radius of 562.62 feet the distance of 185.42 feet which arc is subtended by a chord bearing North 37°-20'-35.5" East 184.59 feet and by a line curving to the right with a radius of 136.34 feet the distance of 140.81 feet which arc is subtended by a chord bearing North 57°-29'-20.5" East 134.63 feet to the south side of said Monument Street and thence binding on the south side of said Monument Street, North 87°-04'-35" East 281.71 feet to the place of beginning. City Code, 1976/83, art. 1, §40(kk) 2000, art. 6, §7-12 Ord. 79-1204 Ord. 15-408

Beginning for the same at the southeastern intersection of North Chester Street and Moyer Street; thence binding easterly on Moyer Street 60'3" more or less to intersect a 9'9" alley running parallel to North Chester Street; thence binding southernly on said alley 53'9" more or less to intersect a 10' alley running parallel to East Baltimore Street 100' north of East Baltimore Street; thence binding easternly on the southern edge of said alley 160' more or less to intersect North Duncan Street; thence crossing North Duncan Street and binding easternly 84' more or less on the northern outlines of the properties known as 2122 through 2130 East Baltimore Street; thence binding southernly 12' more or less on the eastern outline of the property known as 2130 East Baltimore Street to intersect the northern outline of the property known as 2132 East Baltimore Street; thence binding easternly 69' more or less on the northern outlines of the properties known as 2132 through 2140 East Baltimore Street to intersect North Collington Avenue; thence crossing North Collington Avenue and binding easternly 140' more or less on the northern outlines of the properties known as 2200 through 2216 East Baltimore Street to intersect North Madeira Street; thence crossing North Madeira Street and binding easternly 82'6" more or less on the northern outlines of the properties known as 2234 through 2240 East Baltimore Street and the northern outline of the property known as 2 North Patterson Park Avenue to intersect North Patterson Park Avenue; thence binding southernly on Patterson Park Avenue 245' more or less to a point 96' from the southwestern intersection of East Baltimore Street and South Patterson Park Avenue; thence binding westernly 85'2" more or less on the southern outline of the property known as 2 South Patterson Park Avenue and the southern outlines of the properties known as 2231 through 2237 East Baltimore Street; thence binding southernly 3' more or less on a brick alley running parallel to East Baltimore Street 96' south of East Baltimore Street; thence binding westernly 15' more or less on the southern outline of the property known as 2229½ East Baltimore Street to intersect the eastern outline of the property known as 2229 East Baltimore Street; thence binding on the dividing line between the property known as 2229 East Baltimore Street and the properties known as 6 through 10 South Patterson Park Avenue in a southernly direction 51' more or less to intersect Boyer Street; thence binding westernly on Boyer Street 139' more or less to intersect the dividing line between the properties known as 2215 East Baltimore Street and 2214 Boyer Street; thence binding on said dividing line northernly 66' more or less; thence binding westernly 72' more or less on the southern outlines of the properties known as 2207 through 2213 East Baltimore Street; thence binding southernly 5'8" more or less on the eastern outline of the property known as 2205 East Baltimore Street; thence binding westernly 53' more or less on the southern outline of the properties known as 2201 through 2205 East Baltimore Street to intersect South Collington Avenue; thence crossing South Collington Avenue and binding westernly 80' more or less on a 10' alley running parallel with East Baltimore Street 80' south of East Baltimore Street; thence binding southernly 20' more or less on the eastern outline of the property known as 2119 East Baltimore Street to intersect the dividing line between said property and the property known as 2122 Boyer Street; thence binding westernly on said dividing line 17'6" more or less; thence binding southernly 50' more or less on the dividing line between the properties known as 2122 Boyer Street and 2115-2117 East Baltimore Street to intersect Boyer Street; thence binding westernly 26' more or less on Boyer Street to intersect South Duncan Street; thence binding northernly 50' more or less on South Duncan Street to intersect a 10' alley running parallel with East Baltimore Street 100' south of East Baltimore Street; thence binding on said alley westernly 123' more or less to intersect South Chester Street; thence binding northernly on Chester Street 232' more or less to the place of the beginning. City Code, 1976/83, art. 1, §40(ll) 2000, art. 6, §7-13 Ord. 81-401 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be the Butchers Hill Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the centerline of Patterson Park Avenue, 70 feet wide and the line of the south outline of the property known as No. 134 S. Patterson Park Avenue, if projected easterly, and running thence binding on the centerline of said Patterson Park Avenue, crossing Pratt Street, southerly 215 feet, more or less, to intersect the line of the south side of an alley 10 feet wide, laid out 125 feet south of Pratt Street, 60 feet wide, if projected easterly; thence binding in part reversely on last said line so projected, in part on the south side of said alley, in part on the line of the south side of said alley, if projected westerly, and in all, crossing Madeira Street and Collington Avenue, Westerly 467 feet, more or less, to intersect the west side of Collington Avenue, 70 feet wide; thence binding on the west side of said Collington Avenue, crossing Pratt Street, Northerly 320 feet, more or less, to intersect the line of the south side of an alley, 10 feet wide laid out in the rear of the properties known as No. 2200 through and including No. 2214 E. Pratt Street, if projected westerly; thence binding in part reversely on last said line so projected, in part on the south side of last said alley, in part on the line of the south side of last said alley if projected easterly, and in all, crossing Collington Avenue and Madeira Street, Easterly 277 feet, more or less, to intersect the east side of Madeira Street, 20 feet wide; thence binding on the east side of said Madeira Street, Southerly 105 feet, more or less, to the south outline of said property known as No. 134 S. Patterson Park Avenue, and thence binding in part on the south outline of said property, in part on the line of the south outline of said property if projected easterly, and in all, Easterly 190 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(qq) 2000, art. 6, §7-14 Ord. 88-075 Ord. 15-408

Beginning for the same at the north side of North Avenue and the west side of Jordan Street; thence binding from said point of beginning on the west side of Jordan Street northerly to intersect the north side of the first 3-foot alley south of Chauncey Avenue; thence binding on the north side of said 3-foot alley westerly to intersect the east side of the first 5-foot alley west of and parallel to Jordan Street; thence binding on the east side of said 5-foot alley on an extended line northerly to intersect the north side of Chauncey Avenue; thence binding on the north side of Chauncey Avenue easterly to intersect the west side of Jordan Street; thence binding on the west side of Jordan Street northerly to intersect the north side of Hendler Lane; thence binding on the north side of Hendler Lane easterly to intersect the west property line of 913 Druid Park Lake Drive; thence binding on said property line northerly to intersect the south side of Druid Park Lake Drive westerly to intersect a point at the intersection of Eutaw Place and Cloverdale Road; thence binding from said point of intersection to the south side of Cloverdale Road; thence binding on the south side of Cloverdale Road westerly to intersect the east side of McCulloh Street; thence binding on the east side of McCulloh Street southerly to intersect the south side of Hendler Lane; thence binding on the south side of Hendler Lane easterly to intersect the east side of Tiffany Alley; thence binding on the east side of Tiffany Alley southerly to intersect the south side of Clendenin Street; thence binding on the south side of Clendenin Street easterly to intersect the east property line of 1101 Clendenin Street; thence binding on said east property line southerly to intersect the east property line of 1124-1126 East North Avenue; thence binding on said east property line southerly to intersect the north side of North Avenue; thence binding on the north side of North Avenue easterly to the point of beginning. City Code, 1976/83, art. 1, §40(mm) 2000, art. 6, §7-15 Ord. 81-407 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be a Historical and Architectural Preservation District and may be referred to as the Otterbein Historical and Architectural Preservation District: Beginning at the intersection of the south side of West Barre Street and the west side of South Hanover Street, thence binding on the west side of South Hanover Street southerly to intersect the north side of West Hughes Street, thence binding on the north side of West Hughes Street westerly to intersect the east side of South Sharp Street, thence binding on the east side of South Sharp Street northerly to intersect the south side of West Barre Street, thence binding on the south side of West Barre Street easterly to the place of beginning. City Code, 1976/83, art. 1, §40(nn) 2000, art. 6, §7-16 Ord. 83-1078 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be the Upton’s Marble Hill Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the centerline of McMechen Street and the centerline of McCulloh Street and running thence binding on the centerline of McCulloh Street, Southeasterly 396 feet, more or less, to intersect the centerline of Mosher Street; thence binding on the centerline of Mosher Street, Northeasterly 145 feet, more or less, to intersect the centerline of Tiffany Street; thence binding on the centerline of Tiffany Street, Northwesterly 396 feet, more or less, to intersect the centerline of McMechen Street; thence binding on the centerline of McMechen Street, Northeasterly 160 feet, more or less, to intersect the centerline of Madison Avenue; thence binding on the centerline of Madison Avenue, Southeasterly 396 feet, more or less, to intersect the centerline of Mosher Street; thence binding on the centerline of Mosher Street, Northeasterly 182 feet, more or less, to intersect the centerline of Morris Street; thence binding on the centerline of Morris Street, Southeasterly 198 feet, more or less, to an offset in Morris Street; thence Southwesterly 10 feet, more or less, to intersect the centerline of Morris Street laid out 130 feet, more or less, northeast of Madison Avenue; thence binding on the centerline of last said Morris Street, Southeasterly 198 feet, more or less, to intersect the centerline of Lafayette Avenue; thence binding on the centerline of Lafayette Avenue, Southwesterly 777 feet, more or less, to intersect the centerline of Druid Hill Avenue; thence binding on the centerline of Druid Hill Avenue, Southeasterly 415 feet more or less, to intersect the centerline of Lanvale Street; thence binding on the centerline of Lanvale Street, Southwesterly 213 feet, more or less, to intersect the centerline of Etting Street; thence binding on the centerline of Etting Street, Northwesterly 147 feet, more or less, to intersect the centerline of a 10 foot alley; thence binding on the centerline of said 10 foot alley, Northeasterly 86 feet, more or less, to intersect the centerline of another 10 foot alley laid out 90 feet, more or less, southwest of Druid Hill Avenue; thence binding on the centerline of last said 10 foot alley, crossing Lafayette Avenue, Northwesterly 415 feet, more or less, to the southeast outline of the property known as No. 1412 Druid Hill Avenue; thence binding in part on said outline, in part on the northwest outline of the property known as No. 1403 Etting Street, and in all, Southwesterly 22 feet, more or less, to the centerline of another 10 foot alley laid out 45 feet, more or less, northeast of Etting Street; thence binding on the centerline of last said 10 foot alley, Northwesterly 40 feet, more or less, to the southeast outline of the property known as No. 1411/1413 Etting Street; thence binding in part on last said outline, in part on the division line between last said outline and the property adjoining on the southeast thereof known as No. 1409 Etting Street, in part on the line of said division line if projected southwesterly, and in all, Southwesterly 70 feet, more or less, to intersect the centerline of Etting Street; thence binding on the centerline of Etting Street, Northwesterly 85 feet, more or less, to intersect the centerline of a 10 foot alley; thence binding on the centerline of last said 10 foot alley, Northeasterly 76 feet, more or less, to intersect the centerline of another 10 foot alley laid out 100 feet, more or less, southwest of Druid Hill Avenue; thence binding on the centerline of last said 10 foot alley, Northwesterly 136 feet, more or less, to intersect the centerline of Mosher Street; thence binding on the centerline of Mosher Street, Northeasterly 138 feet, more or less, to intersect the centerline of Druid Hill Avenue; thence binding on the centerline of Druid Hill Avenue, Northwesterly 398 feet, more or less, to intersect the centerline of McMechen Street; thence binding on the centerline of McMechen Street, Southwesterly 125 feet, more or less, to intersect the centerline of a 4 foot alley laid out in the rear of the properties known as Nos. 1600 through 1608 Druid Hill Avenue; thence binding on the centerline of said 4 foot alley, Northwesterly 113 feet, more or less, to intersect the centerline of a 3 foot alley laid out adjacent to the southeast outline of the property known as No. 1610/1614 Druid Hill Avenue; thence binding on the centerline of said 3 foot alley, Southwesterly 24 feet, more or less, to intersect the line of the southwest outlines of the properties known as Nos. 1610 through 1624 Druid Hill Avenue, if projected southeasterly; thence reversely in part on last said line so projected, in part on the southwest outlines of last said properties, and in all, Northwesterly 161.5 feet, more or less, to the rear outline of the property known as No. 503 Wilson Street; thence binding in part on part of the rear outline of last said property, in part on part of the northwest outline of the property known as No. 1624 Druid Hill Avenue, and in all, Northeasterly 16 feet, more or less, to intersect the centerline of a 10 foot alley laid out 95 feet, more or less, southwest of Druid Hill Avenue; thence binding on the centerline of last said 10 foot alley, Northwesterly 124 feet, more or less, to intersect the centerline of Wilson Street; thence binding on the centerline of Wilson Street, Southwesterly 5 feet, more or less, to intersect the centerline of a 10 foot alley laid out 100 feet, more or less, southwest of Druid Hill Avenue; thence binding on the centerline of last said 10 foot alley, Northwesterly 183 feet, more or less, to a southeast outline of Lot 62 of Block 339 known as No. 520 Wilson Street, also known as Lot 34 as shown on a plat entitled, “Amended Upton Project Final Subdivision Plan”, recorded among the land records of Baltimore City and filed in Pocket Folder W.A. No. 2699, dated: January 23, 1980; thence binding on last said outline and on an east outline of said lot the two following courses and distances; namely, North 46°-25'-00" East 10 feet, more or less, and North 02°-28'-50" West 5.35 feet to the division line between said Lot 62 and the properties known as No. 1720 through 1732 Druid Hill Avenue; thence binding on last said division line, North 43°-58'-00" West 102 feet, more or less, to the northwest outline of said property known as No. 1732 Druid Hill Avenue; thence binding on part of the northwest outline of last said property, Northeasterly 14 feet, more or less, to the rear outline of the property known as No. 1734 Druid Hill Avenue; thence binding on part of the rear outline of last said property, Northerly 11 feet, more or less, to intersect the centerline of an alley laid out in the rear of the properties known as Nos. 1734 through 1742 Druid Hill Avenue; thence binding on the centerline of last said alley, Northwesterly 95 feet, more or less, to intersect the centerline of Laurens Street; thence binding on the centerline of Laurens Street, Northeasterly 243 feet, more or less, to intersect the centerline of Stoddard Alley; thence binding on the centerline of Stoddard Alley, Southeasterly 792 feet, more or less, to intersect the centerline of McMechen Street, and thence binding on the centerline of McMechen Street, Northeasterly 163 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(oo) 2000, art. 6, §7-17 Ord. 85-489 Ord. 90-491 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be the Washington Hill Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the centerline of Chapel Street, 26 feet wide, and the centerline of Lombard Street, 60 feet wide, and running thence binding on the centerline of said Lombard Street, crossing Wolfe Street, Durham Street, Ann Street and Regester Street, Westerly 1,142 feet, more or less, to intersect the centerline of Broadway, 130.8 feet wide; thence binding on the centerline of said Broadway, Southerly 418 feet, more or less, to intersect the centerline of Pratt Street, 60 feet wide; thence binding on the centerline of said Pratt Street, Westerly 296 feet, more or less, to intersect the center line of Bethel Street, 20 feet wide; thence binding on the centerline of said Bethel Street. Northerly 413 feet, more or less, to intersect the centerline of Lombard Street, 49.5 feet wide; thence binding on the centerline of last said Lombard Street, crossing Caroline Street, Spring Street and Eden Street, Westerly 1,393 feet, more or less, to intersect the west side of Central Avenue, 110 feet wide; thence binding on the west side of said Central Avenue, crossing Watson Street and Baltimore Street, Northerly 900 feet, more or less, to intersect the centerline of Fayette Street, 100 feet wide; thence binding on the centerline of said Fayette Street, Easterly 420 feet, more or less, to intersect the line of east outline of the property known as No. 1401 E. Fayette Street, if projected northerly; thence binding in part reversely on said line, so projected, in part on the east outline of said property, and in all, Southerly 155 feet, more or less, to intersect the north outline of the property known as No. 1400 E. Fairmount Avenue; thence binding on the north outline of last said property, the five following courses and distances; namely, Westerly 17 feet, more or less, Northerly 58 feet, more or less, Westerly 10 feet, more or less, Southerly 93 feet, more or less, and Westerly 14 feet, more or less, to the west outline of last said property; thence binding in part on the west outline of last said property, in part on the line of the west outline of last said property, and in all, Southerly 108 feet, more or less, to intersect the centerline of Fairmount Avenue, as now laid out; thence binding on the centerline of said Fairmount Avenue, crossing Spring Street, Easterly 260 feet, more or less, to intersect the line of the centerline of an alley, 4 feet wide, laid out in the rear of the properties known as No. 28 through No. 38 N. Caroline Street, if projected southerly; thence binding in part reversely on last said line, so projected, in part on the centerline of said alley, and in all, Northerly 98 feet, more or less, to intersect the line of the north outline of said property known as No. 38 N. Caroline Street, if projected westerly; thence binding in part reversely on last said line, so projected, in part on the north outline of last said property, in part on the line of the north outline of last said property, if projected easterly, and in all, Easterly 102 feet, more or less, to intersect the centerline of Caroline Street, 80 feet wide, thence binding on the centerline of said Caroline Street, Northerly 75 feet, more or less, to intersect the line of the north outline of the property known as No. 29/43 N. Caroline Street, if projected westerly; thence binding in part reversely on last said line, so projected, in part on said north outline of last said property, and in all, Easterly 112 feet, more or less, to intersect the west outline of the property known as No. 112 N. Dallas Street; thence binding on the west outline of last said property, Northerly 13 feet, more or less, to the north outline of last said property; thence binding in part on the north outline of last said property, in part on the line of the north outline of last said property, if projected easterly, and in all, Easterly 95 feet, more or less, to intersect the centerline of Dallas Street, as now laid out; thence binding on the centerline of said Dallas Street, Southerly 150 feet, more or less, to intersect the centerline of said Fairmount Avenue; thence binding on the centerline of said Fairmount Avenue, Easterly 196 feet, more or less, to intersect the centerline of Bond Street, 70 feet wide; thence binding on the centerline of said Bond Street, Southerly 355 feet, more or less, to intersect the centerline of said Baltimore Street, 70 feet wide; thence binding on the centerline of said Baltimore Street, Easterly 247 feet, more or less, to intersect the centerline of said Bethel Street; thence binding on the centerline of said Bethel Street, Northerly 170 feet, more or less, to intersect the centerline of an alley, 20 feet wide, laid out 125 feet, north of said Baltimore Street; thence binding in part on the centerline of last said alley, in part on the line of the centerline of last said alley, if projected easterly, and in all, Easterly 295 feet, more or less, to intersect the center line of Broadway, as now laid out; thence binding on the centerline of last said Broadway, crossing Fairmount Avenue, Northerly 702 feet, more or less, to intersect the centerline of Fayette Street, 70 feet wide; thence binding on the centerline of last said Fayette Street, Easterly 589 feet, more or less, to intersect the centerline of Ann Street, 70 feet wide; thence binding on the centerline of said Ann Street, crossing Fairmount Avenue, Southerly 876 feet, more or less, to intersect the centerline of said Baltimore Street; thence binding on the centerline of said Baltimore Street, Easterly 154 feet, more or less, to intersect the centerline of Durham Street, 20 feet wide; thence binding on the centerline of said Durham Street, Northerly 145 feet, more or less, to intersect the centerline of an alley, 20 feet wide, laid out 100 feet north of said Baltimore Street; thence binding in part on the centerline of last said alley, in part on the line of the centerline of last said alley, if projected easterly, and in all, Easterly 184 feet, more or less, to intersect the centerline of Wolfe Street, 60 feet wide; thence binding on the centerline of said Wolfe Street, Southerly 145 feet, more or less, to intersect the centerline of said Baltimore Street; thence binding on the centerline of said Baltimore Street, Easterly 181 feet, more or less, to intersect the centerline of Chapel Street, 20 feet wide, and thence binding in part on the centerline of last said Chapel Street, in part on the centerline of Chapel Street, 26 feet wide, and in all, Southerly 419 feet, more of less, to the place of beginning. City Code, 1976/83, art. 1, §40(pp) 2000, art. 6, §7-19 Ord. 87-1082 Ord. 03-630 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be the Mount Washington Historical and Architectural Preservation District: <em>Dixon Hill</em>: Beginning for the same at the point formed by the intersection of the northern boundary line of Baltimore City as established in 1918 and the centerline of Smith Avenue, 45 feet wide, and running thence binding on the centerline of said Smith Avenue, crossing Kenway Road, Southeasterly 560 feet, more or less, to intersect the line of the northwest outline of the property known as No. 6101 Smith Avenue, if projected southwesterly; thence binding in part reversely on said line so projected, in part on the northwest outline of said property, and in all, Northeasterly 219 feet, more or less; thence binding in part on the northeast outline of said property, in part on the line of the northeast outline of said property if projected southeasterly, in part on the northeast outline of the property known as No. 6019 Smith Avenue, and in all, Southeasterly 217 feet, more or less; thence binding in part on the southeast outline of last said property, in part on the line of the southeast outline of last said property, if projected southwesterly, and in all, Southwesterly 203 feet, more or less, to intersect the centerline of Smith Avenue; thence binding on the centerline of Smith Avenue, crossing Terrace Road, Thornbury Road and Regent Road, Southeasterly 1607 feet, more or less, to intersect the centerline of Greely Road, 50 feet wide; thence binding on the centerline of said Greely Road, Southeasterly 280 feet, more or less, to intersect the centerline of Western Run; thence binding on the centerline of said Western Run, the two following courses and distances; namely, Westerly 455 feet, more or less, and Southwesterly 110 feet, more or less, to intersect the northeast side of Lochlea Road, 30 feet wide; thence binding on the northeast side of said Lochlea Road, Northwesterly 20 feet, more or less, to the east outline of the property known as No. 5801 Lochlea Road; thence binding on the east outline of last said property, Northerly 125 feet, more or less; thence binding in part on the northwest and northeast outlines of the properties known as Nos. 5801 through and including 5815 Lochlea Road, in part on the line of the northeast outline of the property known as No. 5815 Lochlea Road, if projected Northwesterly, and in all, by a line curving to the right, crossing Fairbank Road, Northwesterly 389 feet, more or less, to intersect the northwest side of Fairbank Road, 30 feet wide; thence binding on the northwest side of said Fairbank Road, Northeasterly 120 feet, more or less, to intersect the southwest side of Regent Road, 30 feet wide; thence binding on the southwest side of said Regent Road, Northwesterly 92 feet, more or less, to intersect the line of the southeast outline of the property known as No. 1712 Regent Road, if projected southwesterly; thence binding in part reversely on last said line so projected, in part on the southeast outline of last said property, and in all, crossing Regent Road, Northeasterly 160 feet, more or less; thence binding in part on the northeast outline of last said property in part on the northeast outline of the property known as No. 1801 Thornbury Road, and in all, Northwesterly 348 feet, more or less; thence binding on a southeast outline of last said property, Northeasterly 25 feet, more or less, to intersect the south side of Thornbury Road, 30 feet wide; thence binding on the south side of said Thornbury Road, Westerly 255 feet, more or less, to the east outline of the property known as No. 1809 Thornbury Road; thence binding on the east outline of last said property, Southerly 218 feet, more or less; thence binding on the southwest outline of last said property, Northwesterly 190 feet, more or less, to intersect the southeast side of said Thornbury Road; thence binding on the southeast side of said Thornbury Road, Southwesterly 188 feet, more or less, to the northeast outline of the property known as No. 1815 Thornbury Road; thence binding on the northeast and east outlines of last said property the two following courses and distances; namely, Southeasterly 130 feet, more or less, and Southerly 272 feet, more or less; thence binding in part on the southwest outline of last said property, in part on the southwest outline of the property known as No. 1901 Dixon Road, and in all, Northwesterly 349 feet, more or less; thence by a straight line, Southwesterly 261 feet, more or less, to the southeast corner of Lot 1 of Block 4652-e; thence binding in part on the southwest outline of Lot 1 of Block 4652-e, in part on the southwest outline of the property known as No. 6104 Maywood Avenue, and in all, Northwesterly 488 feet, more or less; thence binding on the west outlines of the properties known as Nos. 6104 through and including 6112 Maywood Avenue, Lot 27 of Block 4652-e, No. 6211 Gernand Road and No. 1810 Walnut Road, and crossing Gernand Road, Northerly 1450 feet, more or less; thence binding on the southwest outline of the property known as No. 1804 Walnut Road, Northwesterly 140 feet, more or less, to intersect said northern boundary line of Baltimore City; thence binding on said northern boundary line of Baltimore, due east 630 feet, more or less, to intersect the northwest outline of the property known as No. 6202 Smith Avenue; thence binding on the northwest and southwest outlines of last said property the two following courses and distances; namely, Southwesterly 36 feet, more or less, and Southeasterly 75 feet, more or less; thence binding in part on the southeast outline of last said property, in part on the line of the southeast outline of last said property, if projected northeasterly and in all, Northeasterly 130 feet, more or less, to intersect said northern boundary line of Baltimore City, and thence binding on said northern boundary line of Baltimore City, due east 20 feet, more or less, to intersect the centerline of said Smith Avenue, at the place of beginning. <em>South Road</em>: Beginning for the same at the point formed by the intersection of the south side of Kelly Avenue, 66 feet wide and the northwest side of Sulgrave Avenue, 50 feet wide, and running thence binding on the south side of said Kelly Avenue, crossing Sulgrave Avenue, Easterly 80 feet, more or less, to the southeast side of said Sulgrave Avenue; thence binding on the southwest side of said Kelly Avenue the two following courses and distances; namely, Southeasterly 218.6 feet and Southeasterly by a line curving to the left with a radius of 294.17 feet the distance of 87.2 feet; thence binding on the southwest side of Kelly Avenue, varying in width, Southeasterly 52.6 feet to intersect the northwest side of South Road, 30 feet wide; thence by a straight line crossing said South Road, Southeasterly 30 feet, more or less, to the northeast outline of the property known as No. 1703 South Road; thence binding on the northeast and southeast outlines of said property the two following courses and distances; namely, Southeasterly 466 feet, more or less, and Southwesterly 200 feet, more or less, to intersect the northeast outline of the property known as No. 1705/1707 South Road; thence binding on the northeast, south and east outlines of last said property the three following courses and distances; namely, Southeasterly 84 feet, more or less, Westerly 44 feet, more or less, and Southerly 97 feet, more or less, to intersect the north outline of the property known as No. 1708 W. Rogers Avenue; thence binding on the north and northwest outlines of last said property in a generally southwesterly direction 1,686 feet, more or less, to intersect the northeast side of Wildwood Lane, 30 feet wide; thence binding on the northeast side of said Wildwood Lane, Southeasterly 169 feet, more or less, to intersect the line of the southeast outline of the property known as No. 5602 Wildwood Lane, if projected northeasterly; thence binding in part reversely on said line so projected, in part on the southeast outline of last said property, and in all, crossing Wildwood Lane, Southwesterly 229 feet, more or less; thence binding on the northeast, southeast and southwest outlines of last said property, the three following courses and distances; namely, Southeasterly 14 feet, more or less, Southwesterly 75 feet, more or less, and Northwesterly 62 feet, more or less; thence binding on the northwest outline of the properties known as Nos. 2008, 2010 and 2012 W. Rogers Avenue, Southwesterly 177 feet, more or less; thence binding on the west outline of the property known as No. 2012 W. Rogers Avenue, Southerly 221 feet, more or less, to intersect the northeast side of Carterdale Road, 50 feet wide; thence binding on the northeast side of said Carterdale Road, Northwesterly by a line curving to the right 625 feet, more or less, to intersect the east side of South Bend Road; thence binding on the east side of said South Bend Road, in a generally northerly direction, 412 feet, more or less; thence crossing South Bend Road and South Road, Northerly 60 feet, more or less, to the west outline of the property known as No. 2100 South Road; thence binding on the west outline of last said property, Northerly 421 feet, more or less, to intersect the southeast side of said Sulgrave Avenue; thence binding on the southeast side of said Sulgrave Avenue, Northeasterly 150 feet, more or less, to intersect the line of the southwest outline of the property known as No. 2010 Sulgrave Avenue, if projected Southeasterly; thence binding in part reversely on last said line so projected, in part on the southwest outline of last said property, in part on the southwest outline of the property adjoining No. 2010 Sulgrave Avenue on the northwest, and in all, crossing Sulgrave Avenue, Northwesterly 472 feet, more or less; thence binding in part on the northwest outline of last said property, in part on the northwest outline of the property known as No. 2006 Sulgrave Avenue, and in all, Northeasterly 264 feet, more or less; thence binding on the northeast outline of last said property, Southeasterly 9 feet, more or less; thence binding on the northwest and northeast outlines of the property known as No. 2002 Sulgrave Avenue, the two following courses and distances; namely, Northeasterly 200 feet, more or less, and Southeasterly 19 feet, more or less; thence binding on the northwest outlines of the properties known as No. 1918 through and including No. 1904 Sulgrave Avenue, Northeasterly 504 feet, more or less; thence binding on the northeast outline of the property known as No. 1904 Sulgrave Avenue, Southeasterly 40 feet, more or less; thence binding on the south and east outlines of the property known as No. 1901 Kelly Avenue, the two following courses and distances; namely, Easterly 44 feet, more or less, and Northerly 61 feet, more or less, to intersect the south side of Kelly Avenue; thence binding on the south and southeast sides of last said Kelly Avenue, crossing Lochlea Road, the two following courses and distances; namely, Easterly by a line curving to the left with a radius of 551.99 feet the distance of 474.8 feet, more or less, and Northeasterly 242 feet, more or less, and thence binding on the south side of Kelly Avenue, 66 feet wide, Easterly 379 feet, more or less, to Sulgrave Avenue at the place of beginning. City Code, 1976/83, art. 1, §40(rr) 2000, art. 6, §7-19 Ord. 88-086 Ord. 15-408

The area located within the boundaries set forth in this section is hereby declared to be a Historical and Architectural Preservation District and may be referred to as the Bancroft Park Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the southeast side of Bancroft Road, 60 feet wide, and the southeast side of Cross Country Boulevard, 50 feet wide, and running thence binding on the southeast side of said Cross Country Boulevard, Northeasterly 69 feet, more or less; thence binding on the northeast outline of No. 3207 Bancroft Road, Southeasterly 259.6 feet, more or less; thence binding on the southeast outlines of Nos. 3207 thru 3301 Bancroft Road, Southwesterly 490 feet, more or less, to a bend in the southeast outline of No. 3301 Bancroft Road; thence binding in part on the southeast outlines on Nos. 3301 thru 3315 Bancroft Road, in part on the northwest outline of No. 6313 Wirt Avenue, in part by a straight line crossing Wirt Avenue, 50 feet wide, in part on the southeast outline of No. 6318 Wirt Avenue, and in all, Southwesterly 1,078 feet, more or less; thence binding on the southwest outlines of Nos. 6318 and 6320 Wirt Avenue and No. 3415 Bancroft Road, Northwesterly 493 feet, more or less; thence binding on the southeast outlines of Nos. 3415 thru 3505 Bancroft Road, Southwesterly 296 feet, more or less; thence binding on the southwest outline of No. 3505 Bancroft Road, Northwesterly 240 feet, more or less, to intersect the southeast side of said Bancroft Road; thence binding on the southeast side of said Bancroft Road, Southwesterly 94 feet, more or less, to intersect the line of the southwest outline of No. 3506 Bancroft Road, if projected southeasterly; thence binding in part reversely on said line so projected, in part on the southwest outline of No. 3506 Bancroft Road, and in all, Northwesterly 310 feet, more or less; thence binding on the northwest outlines of Nos. 3506 and 3500 Bancroft Road, Northeasterly 328 feet, more or less, to intersect the southwest side of Wallis Avenue, 10 feet wide; thence binding on the southwest side of said Wallis Avenue, Southeasterly 40 feet, more or less, to intersect the northwest outline of No. 3418 Bancroft Road, if projected southwesterly; thence binding in part reversely on last said line so projected, in part on the northwest outlines of Nos. 3418 And 3414 Bancroft Road, and in all, Northeasterly 264 feet, more or less; thence binding on the north outline of No. 3414 Bancroft Road, Easterly 67 feet, more or less, to intersect the southwest outline of No. 3410 Bancroft Road; thence binding on the southwest outline of No. 3410 Bancroft Road, Northwesterly 249 feet, more or less; thence binding on the north outlines of Nos. 3410 thru 3314 Bancroft Road, Easterly 764 feet, more or less; thence binding on the west and north outlines of No. 3314 Bancroft Road the five following courses and distances; namely, Northerly 60 feet, more or less, Easterly 75 feet, more or less, Northerly 15 feet, more or less, Easterly 5 feet, more or less, and Northerly 125 feet, more or less, to intersect the southeast side of said Cross Country Boulevard and thence binding on the southeast side of said Cross Country Boulevard, Northeasterly 369 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ss) 2000, art. 6, §7-20 Ord. 93-168 Ord. 15-408

The area located within the boundaries set forth in this section is declared to be the Mill Hill Deck of Cards Block Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the centerline of Brunswick Street, 66 feet wide, and the centerline of Wilkens Avenue, 100 feet wide, and running thence binding on the centerline of said Wilkens Avenue, northeasterly 815.5 feet, more or less, to intersect the centerline of Millington Avenue, 33 feet wide; thence binding on the centerline of said Millington Avenue, southeasterly 130.5 feet, more or less, to intersect the line of the north side of a 10 foot alley laid out in the rear of the properties known as No. 2601 through No. 2699 Wilkens Avenue, if projected northeasterly; thence binding in part reversely on said line so projected, in part on the north side of said 10 foot alley, in part on the line of the north side of said 10 foot alley, if projected southwesterly, and in all, southwesterly 805.5 feet, more or less, to intersect the centerline of said Brunswick Street and thence binding on the centerline of said Brunswick Street, northwesterly 130.0 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(tt) 2000, art. 6, §7-21 Ord. 97-128 Ord. 15-408

The area located within the following boundaries is declared to be the Franklintown Historical and Architectural Preservation District: Beginning for the same at the point formed by the intersection of the southeast side of Forest Park Avenue and the centerline of Carmine Avenue, and running thence binding on the centerline of Carmine Avenue, Southeasterly 1240 feet, more or less, to the northeast outline of the property known as No. 1813 Beechwood Avenue; thence binding on the northeast outline of No. 1813 Beechwood Avenue, Southeasterly 265 feet, more or less; thence binding on the southeast outline of the properties known as Nos. 1813 and 1807 Beechwood Avenue and No. 5000 Division Street and the line of the southeast outline of No. 5000 Division Street, if projected southwesterly crossing Division Street and Franklintown Road, Southwesterly 950 feet, more or less, to the southwest outline of the property known as Lot 2 of Ward 28 Section 5 Block 7900-G; thence binding on the southwest outline of last said property the six following courses and distances: namely, Northwesterly 665 feet, more or less, Southerly 171 feet, more or less, Southwesterly 116 feet, more or less, Northwesterly 99 feet, more or less, Northwesterly 132 feet, more or less, and Northwesterly 211 feet, more or less, to the Western Boundary Line of Baltimore City; thence binding on the Western Boundary line of Baltimore City, Northerly 1550 feet, more or less, to the southwest side of a 15 foot path laid out 95 feet northeast of Powhattan Street; thence binding on the southwest side of said path and on the line of the southwest side of said path, if projected southeasterly, Southeasterly 145 feet, more or less, to intersect the line of the southeast side of Vinewood Place, if projected southwesterly; thence binding reversely on the line of the southeast side of Vinewood Place, so projected, and on the southeast side of Vinewood Place, Northeasterly 70 feet, more or less, to the northeast outline of the property known as No. 1815 Vinewood Place; thence binding on the northeast outline of the properties known as No. 1815 Vinewood Place and No. 1814 N. Forest Park Avenue and on the line of the northeast outline of the property known as No. 1814 N. Forest Park Avenue, if projected southeasterly, Southeasterly 330 feet, more or less, to intersect the southeast side of Forest Park Avenue and thence binding on the southeast side of Forest Park Avenue, Northeasterly 358 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(uu) 2000, art. 6, §7-22 Ord. 99-404 Ord. 15-408

The properties known as 902-920 and 905-915 Lemmon Street are declared to be the Railroad Historic District. City Code, 2000, art. 6, § 7-23 Ord. 00-108 Ord. 03-486 Ord. 15-408

The area located within the following boundaries is declared to be the Ten Hills Historic District: Beginning for the same at the point formed by the intersection of the south side of Edmondson Avenue and the east outline of the property known as No. 531 Nottingham Road, and running thence binding on the east outline of No. 531 Nottingham Road, Southerly 200 feet, more or less, to intersect the north outline of the property known as No. 529 Nottingham Road; thence binding on the north outline of No. 529 Nottingham Road, Easterly 100 feet, more or less, to the rear of the property known as No. 529 Nottingham Road; thence binding on the rear of the properties known as Nos. 529 and 527 Nottingham Road, Southerly 200 feet, more or less, to the rear of the property known as No. 525 Nottingham Road; thence binding on the rear of the properties known as Nos. 525 through 517 Nottingham Road, Southeasterly 415 feet, more or less, to the rear of the property known as No. 515 Nottingham Road; thence binding on the rear of the properties known as Nos. 515 through 425 Nottingham Road, Southerly 700 feet, more or less, to the southeast outline of the property known as No. 425 Nottingham Road; thence binding on the southeast outline of No. 425 Nottingham Road and the northwest outline of No. 420 Nottingham Road and crossing Nottingham Road, Southwesterly 379 feet, more or less, to the southwest outline of the property known as No. 420 Nottingham Road; thence binding on the southwest outline of No. 420 Nottingham Road, Southeasterly 63 feet, more or less, to the rear of the property known as No. 418 Nottingham Road; thence binding on the rear of the properties known as Nos. 418 through 410 Nottingham Road, Southerly 341 feet, more or less, to the south outline of the property known as No. 405 Old Orchard Road; thence binding on the south outline of No. 405 Old Orchard Road, Westerly 14 feet, more or less, to the rear of the property known as No. 403 Old Orchard Road; thence binding on the rear of the properties known as No. 403 Old Orchard Road and Nos. 407 through 401 N. Chapelgate Lane, Southerly 568 feet, more or less, to the southwest outline of the property known as No. 401 N. Chapelgate Lane; thence binding on the southwest outline of No. 401 N. Chapelgate Lane, Northwesterly 241 feet, more or less, to intersect the east side of N. Chapelgate Lane; thence binding on the east side of N. Chapelgate Lane, Northerly 152 feet, more or less, to intersect the line of the south outline of the property known as No. 404 N. Chapelgate Lane, if projected easterly; thence binding reversely on the line, so projected, and on the south property line of No. 404 N. Chapelgate Lane, Westerly 359 feet, more or less, to the rear of the property known as No. 404 N. Chapelgate Lane; thence binding on the rear of the properties known as Nos. 404 and 406/408 N. Chapelgate Lane, Northerly 123 feet, more or less, to the south outline of the property known as No. 407 Kensington Road; thence binding on the south outline of No. 407 Kensington Road, Westerly 166 feet, more or less, to the rear of the property known as No. 405 Kensington Road; thence binding on the rear outlines of the properties known as Nos. 405 through 401 Kensington Road and Nos. 400 through 406 Drury Lane in a generally Westerly direction 732 feet, more or less, to the southeast side of Hazelbury Lane; thence crossing Hazelbury Lane and binding on the rear of the properties known as Nos. 408 through 416 Drury Lane, Northwesterly 510 feet, more or less, to intersect the south outline of the property known as No. 5101 Brook Green Road; thence binding on the south outline of No. 5101 Brook Green Road, Westerly 75 feet, more or less, to the east outline of the property known as No. 5109 Brook Green Road; thence binding on the east outline of No. 5109 Brook Green Road, Southerly 121 feet, more or less, to the rear of the property known as No. 5109 Brook Green Road; thence binding on the rear of the properties known as Nos. 5109 through 5115 Brook Green Road, Southwesterly 335 feet, more or less, to the southwest outline of the property known as No. 5115 Brook Green Road; thence binding on the southwest outline of No. 5115 Brook Green Road and the rear of the properties known as Nos. 500 through 522 Stamford Road and the southwest outline of No. 5115 Edmondson Avenue, Northwesterly 1385 feet, more or less, to intersect the southeast side of Edmondson Avenue; thence binding on the southeast side of Edmondson Avenue, Southwesterly 483 feet, more or less, to the northeast side of Rock Glen Road; thence by a straight line crossing Edmondson Avenue, Northerly 269 feet, more or less, to the point formed by the intersection of the northwest side of Edmondson Avenue and the southeast side of Greenwich Avenue; thence binding on the northwest side of Edmondson Avenue, Northeasterly 1689 feet, more or less, to the southwest outline of the property known as No. 5018 Edmondson Avenue; thence binding on the southwest outline of No. 5018 Edmondson Avenue, Northwesterly 137 feet, more or less, to the rear of the property known as No. 5018 Edmondson Avenue; thence binding on the rear of the properties known as Nos. 5018 through 5012 Edmondson Avenue, Northeasterly 204 feet, more or less, to the southwest outline of the property known as No. 5010 Edmondson Avenue; thence binding on the southwest outline of No. 5010 Edmondson Avenue, Northwesterly 91 feet, more or less, to intersect the southeast side of Baltimore National Pike; thence binding on the southeast side of Baltimore National Pike, Easterly 187 feet, more or less, to the northeast outline of the property known as No. 5004 Edmondson Avenue; thence binding on the northeast outline of No. 5004 Edmondson Avenue, Southeasterly 136 feet, more or less, to intersect the northwest side of Edmondson Avenue; thence binding on the northwest side of Edmondson Avenue, Northeasterly 313 feet, more or less; thence by a straight line crossing Edmondson Avenue, Easterly 229 feet, more or less, to the point formed by the intersection of the south side of Edmondson Avenue and the west outline of the property known as No. 522 Old Orchard Road, and thence binding on the south side of Edmondson Avenue, Easterly 649 feet, more or less, to the place of beginning. City Code, 2000, art. 6, § 7-24 Ord. 01-183 Ord. 15-408

The 1900 block of Perlman Place, comprising the properties known as 1901-1979 Perlman Place and 1900-1958 Perlman Place, is declared to be the Perlman Place Historic District. City Code, 2000, art. 6, § 7-25 Ord. 02-425 Ord. 15-408

The area located within the following boundaries is declared to be the Jonestown Historic District. Beginning for the same at the point formed by the intersection of the west side of Central Avenue and the south side of a 3-foot alley laid out in the rear of the properties known as Nos. 1251 through 1265 E. Fayette Street, the point of beginning being distant southerly 83 feet, more or less, measured along the west side of Central Avenue from the south side of Fayette Street, and running thence binding on the west side of Central Avenue, Southerly 478 feet, more or less, to the north side of Watson Street; thence binding on the north side of Watson Street, Southwesterly 85 feet, more or less, to the west side of a 15-foot alley, there situate; thence binding on the west side of the 15-foot alley, Northerly 118.5 feet, more or less, to the north side of another alley, varying in width; thence binding on the north side of last said alley, Northeasterly 53 feet, more or less, to the east outline of the property known as No. 1155 E. Baltimore Street; thence binding on the east outline of the property known as No. 1155 E. Baltimore Street, Northerly 72 feet, more or less, to intersect the south side of Baltimore Street; thence binding on the south side of Baltimore Street, Southwesterly 363 feet, more or less, to the east outline of the property known as No. 1107 E. Baltimore Street; thence binding in part on the east outline of the property known as No. 1107 E. Baltimore Street, in part on the line of the east outline of the property known as No. 1107 E. Baltimore Street, and in all, Southeasterly 183.5 feet, more or less, to intersect the centerline of Watson Street; thence binding on the centerline of Watson Street, Northeasterly 135 feet, more or less, to intersect the line of the easternmost outline of the property known as No. 15 Lloyd Street; thence binding in part on the line of the easternmost outline of No. 15 Lloyd Street, in part on the easternmost outline of No. 15 Lloyd Street, and in all, Southeasterly 125 feet, more or less, to the south outline of No. 15 Lloyd Street; thence binding on the south and east outlines of No. 15 Lloyd Street the 6 following courses and distances; namely, Southwesterly 105 feet, more or less, Northwesterly 35 feet, more or less, Southwesterly 61 feet, more or less, Southeasterly 15 feet, more or less, Southwesterly 24 feet, more or less and Southeasterly 75 feet, more or less, to intersect the north side of Lombard Street; thence binding on the north side of Lombard Street, Southwesterly 125 feet, more or less, to intersect the centerline of Lloyd Street; thence binding on the centerline of Lloyd Street, Northwesterly 213 feet, more or less, to intersect the centerline of Watson Street; thence binding on the centerline of Watson Street, Southwesterly 387 feet, more or less, to intersect the line of the east outline of the property known as Lot 10 of Ward 3 Section 3 Block 1361; thence binding in part on the line of the east outline of Lot 10, in part on the east outline of Lot 10, and in all, Northwesterly 74 feet, more or less; thence binding on the north outline of Lot 10, Westerly 15 feet, more or less, to intersect the east side of Exeter Street; thence binding on the east side of Exeter Street, Northwesterly 105 feet, more or less, to intersect the south side of Baltimore Street; thence binding on the south side of Baltimore Street, Southwesterly 142 feet, more or less, to intersect the east outline of the property known as No. 921 E. Baltimore Street; thence binding on the east outline of No. 921 E. Baltimore Street, Southeasterly 84 feet, more or less; thence binding on the south outline of No. 921 E. Baltimore Street, Westerly 20 feet, more or less, to the west outline of the property known as No. 916 Watson Street; thence binding on the west outline of No. 916 Watson Street, Southeasterly 11.5 feet, more or less, to the north outline of the property known as No. 914 Watson Street; thence binding on the north outlines of the properties known as Nos. 914 and 912 Watson Street, Southwesterly 26 feet, more or less, to the west outline of the property known as No. 912 Watson Street; thence binding in part on the west outline of No. 912 Watson Street, in part on the line of the west outline of No. 912 Watson Street, and in all, Southeasterly 87 feet, more or less, to intersect the centerline of Watson Street; thence binding on the centerline of Watson Street, Southwesterly 150 feet, more or less, to intersect the centerline of High Street; thence binding on the centerline of High Street, Northwesterly 136 feet, more or less, to intersect the centerline of Plowman Street; thence binding on the centerline of Plowman Street, Southwesterly 186 feet, more or less, to intersect the west side of Albemarle Street; thence binding on the west side of Albemarle Street, Southeasterly 1000 feet, more or less, to intersect the centerline of Pratt Street; thence binding on the centerline of Pratt Street, Southwesterly 94 feet, more or less, to intersect the line of the east outline of the property known as No. 830 E. Pratt Street; thence binding in part on the line of the east outline of No. 830 E. Pratt Street, in part on the east outline of No. 830 E. Pratt Street, and in all, Northwesterly 256 feet, more or less; thence binding on the north outline of No. 830 E. Pratt Street, the 3 following courses and distances; namely, Southwesterly 50 feet, more or less, Northwesterly 84 feet, more or less and Southwesterly 60 feet, more or less, to intersect the east side of President Street; thence binding on the east side of President Street, Northwesterly 107 feet, more or less, thence by a straight line, Northerly 76 feet, more or less, to the point formed by the intersection of the west side of Front Street and the north side of Lombard Street; thence binding on the west side of Front Street, Northwesterly 500 feet, more or less, to intersect the north side of Plowman Street; thence binding on the north side of Plowman Street, Southwesterly 21 feet, more or less, to intersect the east side of President Street; thence binding in part on the east side of President Street, in part on the east side of Fallsway, and in all, Northwesterly 911 feet, more or less, to intersect the south side of Lexington Street; thence binding on the south side of Lexington Street, Northeasterly 206 feet, more or less, to intersect the centerline of Front Street; thence binding on the centerline of Front Street, Southeasterly 450 feet, more or less, to intersect the centerline of Fayette Street; thence binding on the centerline of Fayette Street, Northeasterly 315 feet, more or less, to intersect the centerline of High Street; thence binding on the centerline of High Street, Southeasterly 318 feet, more or less, to intersect the north side of Baltimore Street; thence binding on the north side of Baltimore Street, Easterly 226 feet, more or less, to the west outline of the property known as No. 924/926 E. Baltimore Street; thence binding on the west outline of No. 924/926 E. Baltimore Street, Northwesterly 58 feet, more or less, to the south side of a 3-foot alley laid out in the rear of No. 924/926 E. Baltimore Street; thence binding on the south side of last said 3- foot alley, Northeasterly 41 feet, more or less, to intersect the west side of Exeter Street; thence binding on the west side of Exeter Street, Southeasterly 61 feet, more or less, to intersect the north side of Baltimore Street; thence binding on the north side of Baltimore Street, Northeasterly 345 feet, more or less, to the east side of East Street; thence binding on the east side of East Street, Northwesterly 394 feet, more or less, to intersect the centerline of Fayette Street; thence binding on the centerline of Fayette Street Northeasterly 752 feet, more or less, to intersect the line of the west outline of the property known as No. 1251 E. Fayette Street; thence binding in part on the line of the west outline of No. 1251 E. Fayette Street, in part on the west outline of No. 1251 E. Fayette Street, and in all, Southeasterly 141 feet, more or less, to the south side of the 3-foot alley laid out in the rear of the properties known as Nos. 1251 through 1265 E. Fayette Street, and thence binding on the south side of the 3-foot alley, Northeasterly 114 feet, more or less, to the place of beginning. City Code, 2000, art. 6, § 7-26 Ord. 03-489 Ord. 15-408

The area located within the following boundaries is declared to be the Hunting Ridge Historic District. Beginning for Area I at the point formed by the intersection of the north side of Edmondson Avenue and the northeast side of Cooks Lane, and running thence binding on the northeast side of Cooks Lane, Northwesterly 381 feet, more or less, to the northwest side of a 12-foot alley laid out in the rear of the properties known as Nos. 4826 through 4800 Coleherne Road; thence binding on the northwest side of said alley, Northeasterly 576 feet, more or less, to intersect the northeast side of a 12-foot alley laid out in the rear of the properties known as Nos. 623 through 601 Nottingham Road; thence binding on the northeast side of last said alley, Southeasterly 525 feet, more or less, to intersect the line of the north outline of the property known as No. 4716 Edmondson Avenue, if projected westerly; thence binding in part reversely on said line, in part on the north outlines of the properties known as Nos. 4716 through 4706 Edmondson Avenue, and in all, Easterly 390 feet, more or less, to the rear of the property known as No. 601 Brookwood Road; thence binding in part on the rear outlines of the properties known as Nos. 601 through 733 Brookwood Road, in part on the line of the rear outline of No. 733 Brookwood Road, projected northwesterly, and in all, Northwesterly 1536 feet, more or less, to intersect the northwest side of Briarclift Road; thence binding on the northwest and northeast sides of Briarclift Road crossing Winans Way, in a generally Northeasterly direction 2650 feet, more or less, to intersect the line of the rear outline of the property known as No. 807 Glen Allen Drive, if projected northerly; thence binding in part reversely on the line of the rear outline of the property known as No. 807 Glen Allen Drive, in part on the rear outlines of the properties known as Nos. 807 through 701 Glen Allen Drive, and in all, Southerly 1241 feet, more or less, to intersect the north side of Rokeby Road; thence binding on the north side of Rokeby Road, Westerly 41.8 feet, more or less; thence by a straight line, Southwesterly 51 feet, more or less, to the point formed by the intersection of the southwest side of Rokeby Road and the west side of Glen Allen Drive; thence binding on the west side of Glen Allen Drive, Southerly 577 feet, more or less, to intersect the north outline of the property known as No. 4646 Edmondson Avenue; thence binding on the north outline of the property known as No. 4646 Edmondson Avenue, the three following courses and distances; namely, Westerly 225 feet, more or less, Southerly 12 feet, more or less, and Westerly 171 feet, more or less, to intersect the east side of Winans Way; thence binding on the east side of Winans Way, Southerly 200 feet, more or less, to intersect the north side of Edmondson Avenue, and thence binding on the north side of Edmondson Avenue, Westerly 1135 feet, more or less, to the place of beginning. Beginning for Area II at the point formed by the intersection of the east side of Nottingham Road and the southwest outline of the property known as No. 703 Nottingham Road, and running thence binding on the east side of Nottingham Road, Northeasterly by an arc curving to the left with a radius of 40 feet the distance of 29 feet, more or less, to the northeast outline of said property, and thence binding on the northeast, southeast and southwest outlines of the property known as No. 703 Nottingham Road, the three following courses and distances; namely, in a generally Southeast direction 98 feet, more or less, Southwesterly 62 feet, more or less, and in a generally Northwest direction 76 feet, more or less, to the place of beginning. City Code, 2000, art. 6, § 7-27 Ord. 03-619 Ord. 15-408

The area located within the following boundaries is declared to be the Better Waverly Historic District. Beginning for the same at the point formed by the intersection of the centerline of Homestead Street and the line of the northwest outline of the property known as No. 615 Homestead Street, projected, and running thence binding on the centerline of Homestead Street, Southeasterly 50 feet, more or less, to intersect the line of the northwest outline of the property known as No. 610 Homestead Street, projected; thence binding on the line of the northwest outline and on the northwest outline of No. 610 Homestead Street, Northeasterly 125 feet, more or less, to the rear of the property known as No. 610 Homestead Street; thence binding on the rear of the properties known as Nos. 610 through 712 Homestead Street, and crossing Frisby Street, Southeasterly 410 feet, more or less, to the northwest outline of the property known as No. 716 Homestead Street; thence binding on the northwest outline and the line of the northwest outline of No. 716 Homestead Street, projected, Southwesterly 125 feet, more or less, to intersect the centerline of Homestead Street; thence binding on the centerline of Homestead Street, Southeasterly 260 feet, more or less, to intersect the line of the southeast outline of the property known as No. 801 Homestead Street; thence binding on the line of the southeast outline and on the southeast outline of No. 801 Homestead Street, Southwesterly 135 feet, more or less, to intersect the centerline of an alley of variable width laid out in the rear of the properties known as Nos. 713 through 801 Homestead Street; thence binding on the centerline of said alley, Northwesterly 365 feet, more or less, to intersect the line of the southeast outline of the property known as No. 3111 Frisby Street; thence binding on the southeast outline of No. 3111 Frisby Street, Southwesterly 19.4 feet, more or less; thence binding on the southwest outline and the line of the southwest outline of No. 3111 Frisby Street, projected, Northwesterly 100 feet, more or less, to intersect the centerline of Frisby Street; thence binding on the centerline of Frisby Street, Southwesterly 89.5 feet, more or less; thence continuing to bind on the centerline of Frisby Street, Southwesterly 264 feet, more or less, to intersect the line of the southwest outline of the property known as No. 601 E. 31<sup>st</sup> Street; thence binding on the line of the southwest outline and on the southwest outline of the property known as No. 601 E. 31<sup>st</sup> Street, Northwesterly 230 feet, more or less, to the northwest outline of No. 601 E. 31<sup>st</sup> Street; thence binding on the northwest outline of No. 601 E. 31<sup>st</sup> Street and on the line of the northwest outline of No. 601 E. 31<sup>st</sup> Street, projected, Northeasterly 137 feet, more or less, to intersect the centerline of 31<sup>st</sup> Street; thence binding on the centerline of 31<sup>st</sup> Street, Northwesterly 68 feet, more or less, to intersect the line of the northwest outline of the property known as No. 614 E. 31<sup>st</sup> Street, projected; thence binding on the line of the northwest outline and on the northwest outline of No. 614 E. 31<sup>st</sup> Street, Northeasterly 133 feet, more or less, to the rear outline of the property known as No. 605 Montpelier Street; thence binding on the rear outline of Nos. 605 and 603 Montpelier Street, Northwesterly 78 feet, more or less, to the northwest outline of No. 603 Montpelier Street; thence binding on the northwest outline and the line of the northwest outline of the property known as No. 603 Montpelier Street, Northeasterly 67 feet, more or less, to intersect the centerline of Montpelier Street; thence binding on the centerline of Montpelier Street, Southeasterly 159 feet, more or less, to intersect the line of the southeast outline of the property known as No. 500 Montpelier Street, projected; thence binding on the line of the southeast outline and the southeast outline of No. 500 Montpelier Street, Northeasterly 71 feet, more or less, to intersect the rear outline of the property known as No. 613 Homestead Street; thence binding on the rear outline of No. 613 Homestead Street, Southeasterly 15 feet, more or less, to the northwest outline of the property known as No. 615 Homestead Street, and thence binding on the northwest outline and the line of the northwest outline of No. 615 Homestead Street, Northeasterly 162 feet, more or less, to the place of beginning. City Code, 2000, art. 6, § 7-28 Ord. 04-654 Ord. 15-408

The area located within the following boundaries is declared to be the Barclay Greenmount Historic District. Beginning for the same at the point formed by the intersection of the centerline of 22nd Street and the centerline of Greenmount Avenue, and running thence binding on the centerline of Greenmount Avenue, Southerly 123 feet, more or less, to intersect the line of the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 441 through 451 E. 22nd Street, if projected easterly; thence binding in part reversely on said line, so projected, in part on the centerline of said 10 foot alley, and in all, Westerly 116 feet, more or less, to intersect the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 2120 through 2124 Greenmount Avenue; thence binding in part on the centerline of last said 10 foot alley, in part on the line of the centerline of last said 10 foot alley, if projected southerly, and in all, Southerly 60 feet, more or less, to intersect the centerline of 21 ½ Street; thence binding on the centerline of 21 ½ Street, Westerly 220 feet, more or less, to intersect the line of the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 2117 through 2121 Barclay Street, if projected southerly; thence binding in part reversely on last said line, so projected, in part on the centerline of last said 10 foot alley, and in all, Northerly 60 feet, more or less, to intersect the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 401 through 411 E. 22nd Street; thence binding in part on the centerline of last said 10 foot alley, in part on the line of the centerline of last said 10 foot alley, if projected westerly, and in all, Westerly 123 feet, more or less, to intersect the centerline of Barclay Street; thence binding on the centerline of Barclay Street, Northerly 241 feet, more or less, to intersect the line of the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 400 through 410 E. 22nd Street, if projected westerly; thence binding in part reversely on last said line, so projected, in part on the centerline of last said 10 foot alley, and in all, Easterly 118 feet, more or less, to intersect the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 2201 through 2207 Barclay Street; thence binding in part on the centerline of last said 10 foot alley, in part on the line of the centerline of last said 10 foot alley, if projected northerly, and in all, Northerly 71 feet, more or less, to intersect the centerline of 22 ½ Street; thence binding on the centerline of 22 ½ Street, Easterly 232 feet, more or less, to intersect the line of the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 2200 through 2206 Greenmount Avenue, if projected northerly; thence binding in part reversely on last said line, so projected, in part on the centerline of last said 10 foot alley, and in all, Southerly 71 feet, more or less, to intersect the centerline of a 10 foot alley laid out in the rear of the properties known as Nos. 442 through 452 E. 22nd Street; thence binding on the centerline of last said 10 foot alley, Easterly 88 feet, more or less, to intersect the west side of Greenmount Avenue; thence by a straight line crossing Greenmount Avenue, Easterly 76 feet, more or less, to the southwest corner of a 3 story stone building known as No. 2209 Greenmount Avenue, there situate; thence binding on the south and part of the east side of said building, the two following courses and distances; namely, Easterly 17 feet, more or less, and Northerly 6 feet, more or less; thence by straight lines through the property now or formerly owned by St. Anns Roman Catholic Church, the two following courses and distances; namely, Easterly 78 feet, more or less, and Northerly 11 feet, more or less, to intersect the line of the centerline of a 10 foot alley, laid out in the rear of the properties known as Nos. 530 through 544 E. 22nd Street, if projected westerly; thence binding in part reversely on last said line, so projected, in part on the centerline of last said 10 foot alley, and in all, Easterly 258 feet, more or less, to intersect the centerline of Boone Street; thence binding on the centerline of Boone Street, Southerly 128 feet, more or less, to intersect the centerline of 22nd Street, and thence binding on the centerline of 22nd Street, Westerly 406 feet, more or less, to the place of beginning. City Code, 2000, art. 6, § 7-29 Ord. 04-812 Ord. 15-408

The area located within the following boundaries is declared to be the Auchentoroly Terrace Historic District. Beginning for the same at the point formed by the intersection of the southwest side of Auchentoroly Terrace and the southeast outline of the property known as No. 2001 Liberty Heights Avenue, and running thence binding on the southwest side of Auchentoroly Terrace, Southeasterly 1547 feet, more or less, crossing Gwynns Falls Parkway, Bryant Avenue, Whittier Avenue and Orem Avenue, to intersect the northwest outline of the property known as No. 3024 Auchentoroly Terrace West; thence binding on the northwest outline of said property, Northeasterly 7 feet, more or less, to intersect the southwest side of said Auchentoroly Terrace West; thence binding on the southwest side of Auchentoroly Terrace West, Southeasterly 867 feet, more or less, crossing Ruskin Avenue, Edgemont Avenue and Avalon Avenue to intersect the centerline of Fulton Avenue; thence binding on the centerline of Fulton Avenue, Southwesterly 86 feet, more or less, to intersect the line of the centerline of a 10 foot alley, laid out in the rear of the properties known as Nos. 2700 through 3084 Auchentoroly Terrace West, if projected southeasterly; thence binding in part reversely on said line, so projected, in part on the centerline of said 10 foot alley, and in all, Northwesterly 905 feet, more or less, crossing Avalon Avenue, Edgemont Avenue and Ruskin Avenue to intersect the centerline of Orem Avenue; thence binding on the centerline of Orem Avenue, Southwesterly 74 feet, more or less, to intersect the line of the centerline of a 20 foot alley, laid out in the rear of the properties known as Nos. 3100 through 3454 Auchentoroly Terrace, if projected northwesterly; thence binding in part reversely on last said line so projected, in part on the centerline of said 20 foot alley, Northwesterly 1479, more or less, and in all, crossing Whittier Avenue, Bryant Avenue and Gwynns Fall Parkway to intersect the southeast outline of the property known as No. 2001 Liberty Heights Avenue, and thence binding on the southeast outline of No. 2001 Liberty Heights Avenue, Northeasterly 86 feet, more or less, to the place of beginning. City Code, 2000, art. 6, § 7-30 Ord. 04-815 Ord. 15-408

The area located within the following boundaries is declared to be the Oldtown Mall Local Historic District. Beginning for the same at the point formed by the intersection of the centerline of Monument Street and the centerline of Aisquith Street, and running thence binding on the centerline of Aisquith Street, Southerly 399.0 feet, more or less, to intersect the centerline of McElderry Street; thence binding on the centerline of McElderry Street, the two following courses and distances; namely, Westerly 72.0 feet, more or less, and Southwesterly 451.0 feet, more or less, to intersect the line of the southwest outline of the property known as No. 521 Oldtown Mall, if projected southeasterly; thence binding in part reversely on said line, so projected, in part on the southwest outline of said property, and in all, Northwesterly 145.0 feet, more or less, to intersect the southwest side of Oldtown Mall; thence crossing Oldtown Mall, Northwesterly 49.5 feet, more or less, to intersect the southwest outline of the property known as No. 516/516 ½ Oldtown Mall; thence binding in part on the southwest outline of last said property, in part on the line of the southwest outline of last said property, if projected northwesterly, and in all, Northwesterly 119.0 feet, more or less, to intersect the centerline of Flatiron Alley; thence binding on the centerline of Flatiron Alley, the two following courses and distances; namely, Northeasterly 571.0 feet, more or less, and Northerly 96.0 feet, more or less, to intersect the centerline of Monument Street, and thence binding on the centerline of Monument Street, Easterly 188.0 feet, more or less, to the place of beginning. City Code, 2000, art. 6, § 7-31 Ord. 04-888 Ord. 15-408

The area located within the following boundaries is declared to be the Fells Point Historic District. Beginning for the same at the point formed by the intersection of the centerline of Bethel Street and the centerline of Pratt Street, and running thence binding on the centerline of Pratt Street, Easterly 459.3 feet, more or less, to the line of the centerline of a 10 foot alley, laid out in the rear of the properties known as Nos. 201 through 207 S. Broadway, if projected northerly; thence binding in part reversely on the line of the centerline of said 10 foot alley, so projected, in part on the centerline of said 10 foot alley, and in all, Southerly 104 feet, more or less, to the southernmost extremity of said 10 foot alley; thence binding on the southernmost extremity of said 10 foot alley, Easterly 5.0 feet, more or less, to the east outline of the property known as No. 209 S. Broadway; thence binding on the east outline of No. 209 S. Broadway, Southerly 14 feet, more or less, to the north outline of the property known as No. 211/217 S. Broadway; thence binding on the north and east outlines of No. 211/217 S. Broadway, the eight following courses and distances; namely, Easterly 22.2 feet, more or less, Southerly 8.2 feet, more or less, Easterly 39.3 feet, more or less, Southerly 5.0 feet, more or less, Easterly 29.7 feet, more or less, Southerly 46.5 feet, more or less, Westerly 5.0 feet, more or less and Southerly 18.3 feet, more or less, to the north outline of the property known as No. 219 S. Broadway; thence binding on the north and east outlines of No. 219 S. Broadway the two following courses and distances; namely, Easterly 5.0 feet, more or less and Southerly 49.3 feet, more or less, to the north outline of the property known as No. 225 S. Broadway; thence binding on the north outline of No. 225 S. Broadway, Easterly 60.0 feet, more or less, to the west side of Regester Street; thence binding on the west side of Regester Street, Southerly 28.0 feet, more or less, to the north side of a 4 foot alley, contiguous to the south outline of the property known as No. 225 S. Broadway; thence binding on the north side of said 4 foot alley, Westerly 60.0 feet, more or less, to the east outline of the property known as No. 227 S. Broadway; thence binding in part on the east outline of the property known as No. 227 S. Broadway, in part on the westernmost extremity of a 4 foot alley contiguous to the south outline of the property known as No. 227 S. Broadway, and in all, Southerly 30.0 feet, more or less, to the south side of last said 4 foot alley; thence binding on the south side of last said 4 foot alley, Easterly 60.0 feet, more or less, to the west side of Regester Street; thence binding on the west side of Regester Street, Southerly 13.0 feet, more or less, to the north outline of the property known as No. 229 S. Broadway; thence binding on the north, east and south outlines of No. 229 S. Broadway, the three following courses and distances; namely, Westerly 60.0 feet, more or less, Southerly 35.0 feet, more or less and Westerly 8.3 feet, more or less, to the east outline of the property known as No. 233 S. Broadway; thence binding on the east and south outlines of No. 233 S. Broadway, the two following courses and distances; namely, Southerly 26.5 feet, more or less and Westerly 24.2 feet, more or less, to the east outline of the property known as No. 235 S. Broadway; thence binding on the east and south outlines of No. 235 S. Broadway, the two following courses and distances; namely, Southerly 13.3 feet, more or less and Westerly 1.0 foot, more or less, to the east outline of the property known as No. 237 S. Broadway; thence binding on the east and south outlines of No. 237 S. Broadway, the two following courses and distances; namely, Southerly 13.3 feet, more or less and Westerly 18.0 feet, more or less, to the southeast outline of the property known as No. 239 S. Broadway; thence binding on the southeast and east outlines of Nos. 239 through 245 S. Broadway, the two following courses and distances; namely, Southwesterly 77.0 feet, more or less and Southerly 4.0 feet, more or less, to the north outline of the property known as No. 247 S. Broadway; thence binding on the north outline of No. 247 S. Broadway, Easterly 7.0 feet, more or less, to the east outline of No. 247 S. Broadway; thence binding in part on the east outline of Nos. 247 through 251/253 S. Broadway, in part on the line of the east outline of Nos. 247 through 251/253 S. Broadway, if projected southerly, and in all, Southerly 113.8 feet, more or less, to the centerline of Gough Street; thence binding on the centerline of Gough Street, Easterly 69.7 feet, more or less, to the line of the west outline of the property known as No. 1713 Gough Street, if projected northerly; thence binding in part reversely on the line of west outline of No. 1713 Gough Street, so projected, in part on the west outline of No. 1713 Gough Street, in part on the west outline of the properties known as Nos. 304 through 318/320 Regester Street, and in all, Southerly 235.0 feet, more or less, to the south outline of the property known as No. 318/320 Regester Street; thence binding on the south outline of No. 318/320 Regester Street, Easterly 60.0 feet, more or less, to the west side of Regester Street; thence binding on the west side of Regester Street, Southerly 15.8 feet, more or less, to the north outline of the property known as No. 1730/1732 Bank Street; thence binding on the north and west outlines of No. 1730/1732 Bank Street, and the line of the west outline of No. 1730/1732 Bank Street, if projected southerly, the six following courses and distances, namely, Westerly 24.6 feet, more or less, Northerly 0.9 foot, more or less, Westerly 4.1 feet, more or less, Northerly 4.1 feet, more or less, Westerly 8.7 feet, more or less and Southerly 124.0 feet, more or less, to the centerline of Bank Street; thence binding on the centerline of Bank Street, Westerly 117.3 feet, more or less, to the line of the west outline of the property known as No. 1705 Bank Street, if projected northerly; thence binding reversely in part on the line of the west outline of No. 1705 Bank Street, so projected, in part on the west outline of No. 1705 Bank Street, and in all, Southerly 95.0 feet, more or less, to the south outline of the properties known as No. 1705 and No. 1707 Bank Street; thence binding on the south outlines of No. 1705 and No. 1707 Bank Street, Easterly 36.0 feet, more or less, to the west outline of the property known as No. 1709 Bank Street; thence binding on the west outline of No. 1709 Bank Street, Southerly 25.0 feet, more or less, to the south outlines of the properties known as Nos. 1709 through 1713 Bank Street and No. 402 S. Regester Street; thence binding on the south outlines of Nos. 1709 through 1713 Bank Street and No. 402 S. Regester Street, Easterly 116.0 feet, more or less, to the west side of Regester Street; thence binding on the west side of Regester Street, Southerly 20.0 feet, more or less, to the north outline of the property known as No. 406 S. Regester Street; thence binding on the north outline of No. 406 S. Regester Street, Westerly 113.4 feet, more or less, to the west outline of the property known as No. 406 S. Regester Street; thence binding on the west outline of No. 406 S. Regester Street, Southerly 15.0 feet, more or less, to the north outline of No. 411 Griffin Court; thence binding in part on the north outline of No. 411 Griffin Court, in part on the northernmost extremity of Griffin Court, and in all, Westerly 11.5 feet, more or less, to the centerline of Griffin Court; thence binding on the centerline of Griffin Court, Southerly 108.7 feet, more or less, to the line of the centerline of a 3 foot alley, laid out in the rear of the properties known as Nos. 1704 through 1718 Eastern Avenue, if projected westerly; thence binding reversely in part on the line of the centerline of said 3 foot alley, so projected, in part on the centerline of said 3 foot alley, in part on the line of the centerline of said 3 foot alley, if projected easterly, and in all, Easterly 133.7 feet, more or less, to the centerline of Regester Street; thence binding on the centerline of Regester Street, Northerly 43.0 feet, more or less, to the line of the centerline of Portugal Street, if projected westerly; thence binding reversely in part on the line of the centerline of Portugal Street, so projected, in part on the centerline of Portugal Street, in part on the line of the centerline of Portugal Street, if projected easterly, and in all, Easterly 279.0 feet, more or less, to the centerline of Ann Street; thence binding on the centerline of Ann Street, Southerly 52.0 feet, more or less, to the line of north outline of the properties known as Nos. 1800 through 1810 Eastern Avenue, if projected westerly; thence binding reversely in part on the line of the north outline of Nos. 1800 through 1810 Eastern Avenue, so projected, in part on the north outline of Nos. 1800 through 1810 Eastern Avenue, in part on the line of the north outline of Nos. 1800 through 1810 Eastern Avenue, if projected easterly, and in all, Easterly 188.0 feet, more or less, to the centerline of Durham Street; thence binding on the centerline of Durham Street, Southerly 17.0 feet, more or less, to the line of the centerline of a 3 foot alley, laid out in the rear of the property known as No. 1818 Eastern Avenue, if projected westerly; thence binding reversely in part on the line of the centerline said 3 foot alley, so projected, in part on the centerline of said 3 foot alley, and in all, Easterly 60.0 feet, more or less, to the easternmost extremity of said 3 foot alley, and the west outline of the property known as No. 426 Wolfe Street; thence binding on the west outline of No. 426 Wolfe Street, Southerly 4.5 feet, more or less, to the north outline of the properties known as Nos. 1826 and 1828 Eastern Avenue; thence binding on the north outline of Nos. 1826 and 1828 Eastern Avenue, Easterly 24.0 feet, more or less, to the west outline of the property known as No. 1830 Eastern Avenue; thence binding on the west outline of No. 1830 Eastern Avenue, Northerly 17.0 feet, more or less, to the north outline of the property known as No. 1830 Eastern Avenue; thence binding in part on the north outline of No. 1830 Eastern Avenue, in part on the northernmost extremity of a 3 foot alley, contiguous to the east outline of No. 1830 Eastern Avenue, and in all, Easterly 15.5 feet, more or less, to the centerline of said 3 foot alley; thence binding on the centerline of said 3 foot alley, Southerly 59.0 feet, more or less, to the north side of Eastern Avenue; thence binding on the north side of Eastern Avenue, Easterly 71.5 feet, more or less, to the centerline of Wolfe Street; thence binding on the centerline of Wolfe Street, Northerly 120.0 feet, more or less, to the line of the north outline of the properties known as No. 417 Wolfe Street and No. 1902/1904 Eastern Avenue and the north side of a 3 foot alley, laid out in the rear of the properties known as Nos. 1902/1904 through 1908 Eastern Avenue, if projected westerly; thence binding reversely in part on the line of the north outline of Nos. 1902/1904 through 1908 Eastern Avenue, and the north side of said 3 foot alley, so projected, in part on the north outline of Nos. 1902/1904 through 1908 Eastern Avenue, and the north side of said 3 foot alley, and in part on the line of the north side of said 3 foot alley, if projected easterly, and in all, Easterly 180.0 feet, more or less, to the centerline of Chapel Street; thence binding on the centerline of Chapel Street, Southerly 5.0 feet, more or less, to the line of the centerline of Portugal Street, if projected westerly; thence binding reversely in part on the line of the centerline of Portugal Street, in part on the centerline of Portugal Street, in part on the line of the centerline of Portugal Street, if projected easterly, and in all, Easterly 186.0 feet, more or less, to the centerline of Washington Street; thence binding on the centerline of Washington Street, Northerly 5.0 feet, more or less, to the line of the centerline of Portugal Street, if projected westerly; thence binding reversely in part on the line of the centerline of Portugal Street, so projected, in part on the centerline of Portugal Street, in part on the line of the centerline of Portugal Street, if projected easterly, and in all, Easterly 264.7 feet, more or less, to the centerline of Castle Street; thence binding on the centerline of Castle Street, Southerly 153.0 feet, more or less, to the centerline of Eastern Avenue; thence binding on the centerline of Eastern Avenue, Easterly 231.6 feet, more or less, to the centerline of Chester Street; thence binding on the centerline of Chester Street, Southerly 405.2 feet, more or less, to the line of the south side of Fleet Street, if projected easterly; thence binding reversely on the line of the south side of Fleet Street, so projected, Westerly 12.5 feet, more or less, to the centerline of Chester Street; thence binding on the centerline of Chester Street, Southerly 859.2 feet, more or less, to the Combined Bulkhead and Pierhead Line of the Northwest Branch of the Patapsco River; thence binding on the Combined Bulkhead and Pierhead Line of the Northwest Branch of the Patapsco River, the six following courses and distances; namely, Westerly 138.0 feet, more or less, Southerly 1,080.4 feet, more or less, Southwesterly 345.0 feet, more or less, Northwesterly 1,194.6 feet, more or less, Southwesterly 1,022.6 feet, more or less and Southwesterly 450.4 feet, more or less, to the line of the centerline of Thames Street, if projected southerly; thence binding reversely in part on the line of the centerline of Thames Street, so projected, in part on the centerline of Thames Street, and in all, the two following courses and distances; namely, Northerly 472.4 feet, more or less, and Northeasterly 59.0 feet, more or less, to the line of the southwest outline of the property known as No. 1404/1410 Thames Street, if projected southeasterly; thence binding reversely in part on the line of No. 1404/1410 Thames Street, so projected, in part on the southwest outline of No. 1404/1410 Thames Street, and in all, Northwesterly 69.1 feet, more or less, to the south outline of No. 1404/1410 Thames Street; thence binding on the south and west outlines of No. 1404/1410 Thames Street, and the line of the west outline of No. 1404/1410 Thames Street, if projected northerly, the four following courses and distances; namely, Westerly 20.1 feet, more or less, Northerly 39.3 feet, more or less, Easterly 19.4 feet, more or less and Northerly 67.9 feet, more or less, to the centerline of Block Street; thence binding on the centerline of Block Street, Easterly 112.3 feet, more or less; thence at a right angle to the centerline of Block Street, Northerly 20.0 feet, more or less, to the centerline of Caroline Street; thence binding on the centerline of Caroline Street, the two following courses and distances; namely, Northwesterly 440.0 feet, more or less, and Northerly 560.4 feet, more or less, to the line of the south outline of the property known as No. 1429 Aliceanna Street, if projected easterly; thence binding reversely in part on the line of the south outline of No. 1429 Aliceanna Street, so projected, in part on the south outline of No. 1429 Aliceanna Street, in part on the line of the south outline of No. 1429 Aliceanna Street, if projected westerly, and in all, Westerly 220.0 feet, more or less, to the centerline of Spring Street; thence binding on the centerline of Spring Street, Northerly 377.0 feet, more or less, to the line of the centerline of a 10 foot alley, laid out in the rear of the property known as No. 1407 Fleet Street, if projected easterly; thence binding reversely in part on the line of the centerline of said 10 foot alley, so projected, in part on the centerline of said 10 foot alley, and in all, Westerly 112.0 feet, more or less, to the westernmost extremity of said 10 foot alley, and the west outline of the property known as No. 1407 Fleet Street; thence binding on the west outline of No. 1407 Fleet Street, Northerly 45.0 feet, more or less, to the division line between as Parcel “A’ and Parcel “B’ of the property known as No. 1401/1405 Fleet Street; thence binding in part on the division line between Parcel “A’ and Parcel “B’ of No. 1401/1405 Fleet Street, in part on the line of the said division line between Parcel “A and “B” of No. 1401/1405 Fleet Street, if projected westerly, and in all, Westerly 103.5 feet, more or less, to the centerline of Eden Street; thence binding on the centerline of Eden Street, Northerly 137.0 feet, more or less, to the centerline of Fleet Street; thence binding on the centerline of Fleet Street, Easterly 311.0 feet, more or less, to the line of the centerline of a 10 foot alley contiguous to the west side of the property known as No. 1434/1442 Fleet Street, if projected southerly; thence binding reversely in part on the line of the centerline of said 10 foot alley, so projected, in part on the centerline of said 10 foot alley, and in all, Northerly 182.0 feet, more or less, to the centerline of Duker Alley; thence binding in part on the centerline of Duker Alley, in part on the line of the centerline of Duker Alley, if projected easterly, and in all, Easterly 125.0 feet, more or less, to the centerline of Caroline Street; thence binding on the centerline of Caroline Street, Northerly 565.8 feet, more or less, to the centerline of Bank Street; thence binding on the centerline of Bank Street, Easterly 645.8 feet, more or less, to the line of the centerline of Bethel Street; if projected southerly; thence binding reversely in part on the line of the centerline of Bethel Street, so projected, in part on the centerline of Bethel Street, and in all, Northerly 964.9 feet, more or less, to the centerline of Pratt Street at the place of beginning. The Commission for Historical and Architectural Preservation shall review plans for Planned Unit Developments in the Fells Point Historic District as follows:For all Planned Unit Developments (PUDs) established prior to the designation of this district, the height and massing guidelines in the PUD shall govern future development. The Commission for Historical and Architectural Preservation (CHAP) shall review and approve the building design within the prior approved massing. CHAP’s approval is required prior to Planning Commission Final Design Approval. For any building within an established PUD that has already received Final Design Approval by the Planning Commission, that building is not subject to CHAP approval. All major amendments to existing PUDs are subject to CHAP approval. All revised Final Design Approvals are subject to CHAP approval. If a new PUD is established within the Fells Point Local Historic District, the new PUD shall be subject to CHAP approval. City Code, 2000, art. 6, § 7-32 Ord. 07-555 Ord. 15-408

The area located within the following boundaries is declared to be the Wyndhurst Historic District. Beginning for Area #1 at the point formed by the intersection of the west side of Charles Street, and the north side of Wyndhurst Avenue, and running thence binding on the north side of Wyndhurst Avenue, Westerly 943.5 feet, more or less, to the west outline of the property known as No. 200 Wyndhurst Avenue; thence binding on the west outline of No. 200 Wyndhurst Avenue, the west outline of the property known as No. 5000 Boxhill Lane, and the line of the west outline of No. 5000 Boxhill Lane, if projected northerly, and in all, Northerly 207.0 feet, more or less, to the centerline of a 14 foot alley laid out in the rear of the properties known as Nos. 202 through 206 Wyndhurst Avenue, and contiguous to the north outline of the property known as No. 5000 Boxhill Lane; thence binding on the centerline of said 14 foot alley, Westerly 57.4 feet, more or less, to the line of the centerline of a 14 foot alley, if projected southerly, laid out in the rear of the properties known as Nos. 5001 through 5009 Blythewood Road; thence binding reversely on the line of the centerline of said 14 foot alley, so projected, on the centerline of said 14 foot alley, and in all, Northerly 68.0 feet, more or less, to the line of the north outline of the property known as No. 5001 Blythewood Road, if projected easterly; thence binding reversely on the line of the north outline of No. 5001 Blythewood Road, so projected, on the north outline of No. 5001 Blythewood Road, and the line of the north outline of No. 5001 Blythewood Road, if projected westerly, and in all, Westerly 182.0 feet, more or less, to the centerline of Blythewood Road; thence binding on the centerline of Blythewood Road, Southerly 48.0 feet, more or less, to the line of the centerline of a 14 foot alley, if projected easterly, laid out in the rear of the properties known as Nos. 300 through 304 Wyndhurst Avenue; thence binding reversely on the line of the centerline of said 14 foot alley, so projected, on the centerline of said 14 foot alley, and in all, Westerly 182.4 feet, more or less, to the line of the centerline of a 14 foot alley, if projected southerly, laid out in the rear of the properties known as Nos. 5002 and 5006 Blythewood Road; thence binding reversely on the line of last said 14 foot alley, so projected, and on the centerline of last said 14 foot alley, and in all, Northerly 139.5 feet, more or less, to the line of the north outline of the property known as No. 5006 Blythewood Road, if projected westerly; thence binding reversely on the line of the north outline of No. 5006 Blythewood Road, so projected, on the north outline of No. 5006 Blythewood Road, and on the line of the north outline of No. 5006 Blythewood Road, if projected easterly, and in all, Easterly 182.0 feet, more or less, to the centerline of Blythewood Road; thence binding on the centerline of Blythewood Road, Northerly 140.0 feet, more or less, to the south outline of the property known as No. 5114 N. Charles Street; thence binding on the south and southeast outline of No. 5114 N. Charles Street the two following courses and distances; namely, Easterly 181.5 feet, more or less, and Northeasterly 229 feet, more or less, to the east side of Boxhill Lane; thence binding on the east side of Boxhill Lane, Southerly 60.3 feet, more or less, to the north outline of the property known as N0. 5011 Boxhill Lane; thence binding on the north outline of No. 5011 Boxhill Lane, and the line of the north outline of No. 5011 Boxhill Lane, if projected easterly, and in all, Easterly 157.0 feet, more or less, to the centerline of a 14 foot alley, laid out in the rear of the properties known as Nos. 5002 through 5014 Greenleaf Road; thence binding on the centerline of said 14 foot alley, Southerly 270.0 feet, more or less, to the line of the north outline of the property known as No. 5002 Greenleaf Road, if projected westerly; thence binding reversely on the line of the north outline of No. 5002 Greenleaf Road, so projected, on the north outline of No. 5002 Greenleaf Road, on the line of the north outline of No. 5002 Greenleaf Road, if projected easterly, and in all, Easterly 182.3 feet, more or less, to the centerline of Greenleaf Road; thence binding on the centerline of Greenleaf Road, Northerly 42.0 feet, more or less, to the line of the north outline of the property known as No. 5003 Greenleaf Road, if projected westerly; thence binding reversely on the line of the north outline of No. 5003 Greenleaf Road, so projected, on the north outline of No. 5003 Greenleaf Road, on the line of the north outline of No. 5003 Greenleaf Road, if projected easterly, and in all, Easterly 232.0 feet, more or less, to the centerline of a 14 foot alley, laid out in the rear of the properties known as Nos. 5003 through 5015 Greenleaf Road and contiguous to the east outline of the property known as No. 4 Wyndhurst Avenue; thence binding on the centerline of said 14 foot alley, Southerly 28.0 feet, more or less, to the line of the north outline of the property known as No. 2 Wyndhurst Avenue, if projected westerly; thence binding reversely on the line of the north outline of No. 2 Wyndhurst Avenue, so projected, and on the north outline of No. 2 Wyndhurst Avenue, and in all, Easterly 207.0 feet, more or less, to the west side of Charles Street, and thence binding on the west side of Charles Street, Southerly 365.6 feet, more or less, to the place of beginning. Beginning for Area #2 at the point formed by the intersection of the centerline of Summit Avenue, and the line of the centerline of a 14 foot alley, if projected easterly, laid out in the rear of the properties known as Nos. 721 through 733 Colorado Avenue, and running thence binding reversely on the line of the centerline of said 14 foot alley, so projected, on the centerline of said 14 foot alley, on the line of the centerline of said 14 foot alley, if projected westerly, and in all, Westerly 460.2 feet, more or less, to the centerline of Church Lane, laid out in the rear of the properties known as Nos. 5101 through 5129 Roland Avenue; thence binding on the centerline of Church Lane, Northerly 317.3 feet, more or less, to the line of the centerline of a 14 foot alley, if projected westerly, laid out in the rear of the properties known as Nos. 702 through 728 Colorado Avenue; thence binding reversely on the line of the centerline of said 14 foot alley, so projected, on the centerline of said 14 foot alley, and on the line of the centerline of said 14 foot alley, if projected easterly, and in all, Easterly 457.5 feet, more or less, to the centerline of Summit Avenue, and thence binding on the centerline of Summit Avenue, Southerly 312.0 feet, more or less, to the place of beginning. City Code, 2000, art. 6, § 7-33 Ord. 07-585 Ord. 15-408

The area located within the following boundaries is declared to be the Sharp Leadenhall Historic District. Beginning at the intersection of South Hanover Street and West Henrietta Street; thence from said point of beginning and binding on the street centerline of South Hanover Street southerly approximately 812 feet to intersect West Cross Street; thence binding on West Cross Street southwesterly approximately 292 feet to the intersection with South Race Street; continuing on West Cross Street approximately 273 feet northwesterly to the extension of the eastern property line of Block 0947 Lot 005; thence binding on said property line southwesterly approximately 97 feet to the southeast corner of said property; thence binding on the southern boundary line of said property approximately 119 feet to the street centerline of Leadenhall Street; thence binding on the street centerline of Leadenhall Street northeasterly approximately 494 feet to intersect West Hamburg Street; thence binding on the street centerline of West Hamburg Street approximately 184 feet to the extension of the western property line of Block 0916 Lot 031; thence binding on the western boundary to the northwest corner of said property; connecting to the southwest corner of Block 0916 Lot 101 (crossing the eastern portion of Block 0916 Lot 032); thence binding on the western property lines of Block 0916 Lot 101 and Lot 102 to meet the street centerline of Kuhlman Court; thence binding on the street centerline of Kuhlman Court approximately 64 feet to the extension of the western property line of Block 0916 Lot 112; thence binding on the western boundary of said property to the south side of the 6-foot alley; thence binding on the south side of the 6-foot alley northwesterly approximately 5 Feet, and continuing on same line northeasterly approximately 65 feet to the southwest corner of the property Block 0916 Lot 070A; thence binding on the western boundary of said property approximately 102 feet to meet the street centerline of West Henrietta Street; thence binding on the street centerline of West Henrietta Street approximately 245 feet to the point of beginning. City Code, 2000, art. 6, § 7-34 Ord. 10-391 Ord. 15-408

The area located within the following boundaries is declared to be the Ashburton Historic District. Beginning at the intersection of Dolfield Avenue and Belle Avenue; thence from said point of beginning binding on the street centerline of Dolfield Avenue southeasterly approximately 2,235 feet to intersect Hilton Road; then binding on the street centerline of Sequoia Avenue southeasterly approximately 1,216 feet until the road ends at the intersection of Wabash Avenue; continuing in the same southeasterly direction approximately 30 feet to the western property line of Block 3257A, Lot 018; thence binding on said property line southerly approximately 40 feet to the southwest corner of said property; thence binding on the southern property line of said property approximately 180 feet to the northeast corner of Block 3112, Lot 109; continuing southerly approximately 511 feet on the eastern property lines of said property and Block 3112, Lot 110; crossing the street area of the Grantley-Liberty Heights Alley; continuing southerly approximately 1,378 feet along the eastern property line of property Block 3112, Lot 001 and Block 3112, Lot 001A and extending on said property line to the northbound street centerline of Liberty Heights Avenue; thence binding northwesterly on said centerline for approximately 4,205 feet to the intersection with the northbound street centerline of Callaway Avenue; thence binding on said street centerline for approximately 2,803 feet to the intersection with the street centerline of Belle Avenue; continuing east for approximately 565 feet to the point of beginning. City Code, 2000, art. 6, § 7-35 Ord. 11-550 Ord. 15-408

The area located within the following boundaries is declared to be the Federal Hill Local Historic District. Beginning at the intersection of West Hughes Street and South Hanover Street; then from the point of beginning binding on the centerline of West Hughes Street easterly for approximately 329 feet, crossing South Charles Street, and continuing on the centerline of East Hughes Street easterly for approximately 533 feet to intersect Light Street; then binding on the centerline of Light Street northerly for approximately 27 feet to intersect the centerline of Key Highway; then binding to the centerline of Key Highway easterly for approximately 1,572 feet to intersect the centerline of Covington Street; then binding on the centerline of Covington Street southerly for approximately 1,154 feet to intersect East Cross Street; then binding westerly on the centerline of East Cross Street for approximately 2,101 feet to the intersection with South Charles Street, then continuing onto West Cross Street for approximately 328 feet to the intersection with South Hanover Street; then binding on the centerline of South Hanover Street for approximately 1,350 feet to the point of beginning. Ord. 17-070

The area located within the following boundaries is declared to be the Five and Dime Historic District. Beginning at the intersection of Clay Street and Park Avenue; then from the point of beginning binding on the centerline of Clay Street easterly for approximately 316 feet to the west side of North Liberty Street; then binding to the property lines on the west side of North Liberty Street southwesterly for approximately 663 feet to the northwest corner of the intersection with West Fayette Street; then binding to the property lines on the north side of West Fayette Street westerly for approximately 610 feet to the centerline of the 12-foot alley to the rear of the property known as Block 0619 Lot 034; then binding to the centerline of the 12-foot alley northerly to intersect the centerline of Marion Street; then binding to the centerline of Marion Street westerly for approximately 107 feet to the extended property line between the properties known as Block 0619 Lot 015 and Block 0619 Lot 019; then binding to the property line northerly approximately 203 feet to intersect the centerline of West Lexington Street; then binding on the centerline of West Lexington Street easterly for approximately 660 feet to the intersection of Park Avenue; then binding on the centerline of Park Ave northerly 255 feet to the point of beginning. Ord. 18-117

The area located within the following boundaries is declared to be the Howard Street Commercial Historic District. Beginning at the intersection of West Franklin Street and State Street; then from the point of beginning binding on the centerline of West Franklin Street easterly for approximately 607 feet to intersect the centerline of Park Avenue; then binding on the centerline of Park Avenue southerly approximately 360 feet to intersect the centerline of West Mulberry Street; then binding to the centerline of West Mulberry Street westerly for approximately 605 feet to the centerline of State Street; then binding on the centerline of State Street northerly for approximately 360 feet to the point of beginning. Ord. 18-118

The area located within the following boundaries is declared to be the Woodberry Historic District. Beginning at the intersection of Malden Avenue and Rockrose Avenue; thence binding easterly on the street centerline of Rockrose Avenue to the intersection with the street centerline of Parkdale Avenue; thence binding northerly on Parkdale Avenue 160 feet to the southern property line of 3724 Parkdale Avenue; thence binding easterly on the property line for 122 feet; thence continuing on the southern property line of 2050 Rockrose Avenue for 197 feet to a corner of 2050 Rockrose Avenue; thence turning south and continuing along the property line of 2050 Rockrose Avenue to the street centerline of Rockrose Avenue; thence continuing easterly on Rockrose Avenue for 275 feet, crossing Hooper Avenue, to the alley to the west of 2018 Rockrose Avenue; thence traveling northerly on the alley to the intersection with the alley to the rear of 2018 Rockrose Avenue; thence traveling easterly along the rear alley to the intersection with Clipper Road; thence turning north on Clipper Road to the line of extension from the rear property line of 3713 Clipper Road; thence binding easterly on the rear property line of 3713 Clipper Road and 3711 Clipper Road to the western property line of the railroad; thence binding southerly along the railroad property line for 213 feet; thence turning east and traveling 200 feet across railroad property and 3575C 068E to the eastern property line of 3575C 068E (to include the building known as 1780 Union Avenue); thence binding southerly on the eastern property line of 3575C 068E to the street centerline of West 41st Street; thence continuing across West 41st Street and following the eastern property lines of 3572 001A, 3572 001, and 3572 028; thence crossing Union Avenue and following the eastern and southern property lines of 3518A 001; thence crossing railroad property westerly to intersect the eastern property line of 3499 001 (Druid Hill Park property); thence binding on the property line of 3499 001 (Druid Hill Park property) for 3,440 feet around the park to the street centerline of Druid Park Drive; thence binding easterly on the street centerline of Druid Park Drive for 305 feet to the extension of the western property boundary of 2174 Druid Park Drive; thence binding northerly on the property line for 133 feet to the centerline of the alley between Druid Park Drive and Girard Avenue; thence binding easterly on the alley for 52 feet to intersect the alley to the rear of 3600-3620 Malden Avenue; thence continuing north on the alley 180 feet to intersect the street centerline of Girard Avenue; thence binding westerly on Girard Avenue for 60 feet to intersect the alley to the rear of 3624-3658 Malden Avenue; thence binding northerly on the alley to the street centerline of Rockrose Avenue; thence binding easterly on Rockrose Avenue to the point of beginning. The Commission for Historical and Architectural Preservation shall review plans for Planned Unit Developments in the Woodberry Historic District as follows:For any Planned Unit Development (“PUD”) established prior to the designation of the Woodberry Historic District, the height and massing guidelines in the PUD shall govern future development. The Commission for Historical and Architectural Preservation (“CHAP”) shall review and approve the building design within the prior approved massing. CHAP’s approval is required prior to Planning Commission Final Design Approval. For any building within an established PUD that has already received Final Design Approval by the Planning Commission, that building is not subject to CHAP approval. All amendments to existing PUDs are subject to CHAP approval. All revised Final Design Approvals are subject to CHAP approval. If a new PUD is established within the Woodberry Historic District, the new PUD shall be subject to CHAP approval. Any building that has received Site Plan Review Committee (“SPRC”) approval on or before October 10, 2018, is not subject to CHAP approval. Ord. 20-387

The area located within the following boundaries is declared to be the Sarah Ann Street Historic District. Beginning at the intersection of North Carrollton Avenue and Sarah Ann Street; thence binding easterly on the street centerline of Sarah Ann Street for 278 feet to the centerline of the alley east of the property known as 1102 Sarah Ann Street; thence binding northerly on said centerline of alley for 55 feet to the intersection with the centerline of alley to the rear of the property known as 1102 Sarah Ann Street; thence binding westerly on said centerline of alley for 157 feet to the centerline of the alley to the west of the property known as 1124 Sarah Ann Street; then binding northerly on said centerline of alley for 3 feet to the extended property line between properties known as 321 and 323 North Carrollton Avenue; then binding westerly on said property line for 117 feet to the centerline of North Carrollton Avenue; then binding southerly on North Carrollton Avenue to point of beginning. Ord. 23-200

The following structures, having been approved by the Planning Commission, are hereby declared to be historical or architectural landmarks. City Code, 1976/83, art. 1, §40(ff)(intro) 2000, art. 6, §9-1 Ord. 71-974 Ord. 15-408

City Hall, 100 N. Holliday Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the west side of Holliday Street, as now laid out, and the north side of Fayette Street, as now laid out, and running thence binding on the north side of said Fayette Street, Westerly 149 feet, more or less, to intersect the east side of Guilford Avenue, as now laid out; thence binding on the east side of said Guilford Avenue, Northerly 239 feet, more or less, to intersect the south side of Lexington Street, as now laid out; thence binding on the south side of said Lexington Street, Easterly 149 feet more or less, to intersect the aforesaid west side of Holliday Street and thence binding on the west side of said Holliday Street, Southerly 239 feet, more or less, to the place of beginning. The improvements thereon being known as 100 North Holliday Street. City Code, 1976/83, art. 1, §40(ff)(1) 2000, art. 6, §9-2 Ord. 71-974 Ord. 15-408

Otterbein Evangelical United Brethren Church, 112 W. Conway Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the north side of Conway Street, as now laid out, and the east outline of the property known as No. 128 W. Conway Street and running thence binding on the east outline of the property known as No. 128 W. Conway Street, Northerly 74.46 feet to intersect the south outline of the property known as No. 319 S. Sharp Street; thence binding in part on the south outline of last said property in part on the southernmost extremity of a 5 foot alley, laid out 82 feet east of Sharp Street, as now laid out, and in all Easterly 52.0 feet to the east side of said 5 foot alley; thence binding on the east side of said 5 foot alley, Northerly 81.0 feet to intersect the south side of Perry Street, as now laid out; thence binding on the south side of said Perry Street, Easterly 36 feet, more or less, to the east outline of the property now or formerly owned by the Otterbein Evangelical United Brethren Church; thence binding on the east outline of last said property, Southerly 55 feet, more or less, to the north outline of last said property; thence binding on the north outlines of last said property, Easterly 90 feet, more or less, to intersect the west outline of the property known as No. 110 W. Conway Street; thence binding on the west outline of last said property, Southerly 100 feet, more or less, to intersect the aforesaid north side of Conway Street and thence binding on the north side of said Conway Street, Westerly 178 feet, more or less, to the place of beginning; the improvements thereon being known as No. 112 W. Conway Street. City Code, 1976/83, art. 1, §40(ff)(2) 2000, art. 6, §9-3 Ord. 71-974 Ord. 15-408

McKim Free School, 1120 E. Baltimore Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the northwest side of Baltimore Street, 70 feet wide, and the southwest side of Aisquith Street, 27 feet wide, said point of beginning being the beginning of the parcel of land conveyed by Ann McKim “Etal” to The Trustees of McKims School by deed dated October 7, 1839 and recorded among the Land Records of Baltimore City in Liber T.K. No. 293 Folio 108 and running thence binding on the southwest side of said Aisquith Street and on part of the first line of said deed, there situate, Northwesterly 119.15 feet to the southwest side of Aisquith Street, varying in width from 27 feet to 40 feet as opened in accordance with Ordinance No. 331 approved July 23, 1913; thence binding on the southwest side of last said Aisquith Street, Northwesterly 51.70 feet to intersect the southeast side of Fairmount Avenue, 30 feet wide; thence binding on the southeast side of said Fairmount Avenue and on part of the second line of said deed, there situate, Southwesterly 26.50 feet to intersect the east side of Aisquith Street, 40 feet wide as opened in accordance with said ordinance; thence binding on the east and northeast sides of last said Aisquith Street the two following courses and distances; namely, Southerly 52.23 feet and Southeasterly 116.77 feet to intersect the aforesaid northwest side of Baltimore Street and thence binding on the northwest side of said Baltimore Street and on part of the last line of said deed, to the end thereof, there situate, Northeasterly 48.0 feet to the place of beginning; the improvements being known as No. 1120 E. Baltimore Street. City Code, 1976/83, art. 1, §40(ff)(3) 2000, art. 6, §9-4 Ord. 71-974 Ord. 15-408

First Unitarian Church, 2-12 W. Franklin Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the west side of Charles Street, 66 feet wide, and the north side of Franklin Street, 71 feet wide, and running thence binding on the north side of said Franklin Street, Westerly 105.0 feet to the beginning of the parcel of land conveyed by Emmet W. White to Board of Trustees of the First Unitarian Church of Baltimore, Inc. by deed dated August 7, 1961 and recorded among the Land Records of Baltimore City in Liber J.F.C. No. 1120 Folio 381; thence binding reversely on the last line of said deed, as now surveyed, Northerly 142.19 feet to intersect the south side of Hamilton Street, 40 feet wide; thence binding on the south side of said Hamilton Street, Easterly 105.0 feet to intersect the aforesaid west side of Charles Street and thence binding on the west side of said Charles Street, Southerly 141.92 feet to the place of beginning; the improvements thereon being known as No. 2-12 W. Franklin Street. City Code, 1976/83, art. 1, §40(ff)(4) 2000, art. 6, §9-5 Ord. 71-974 Ord. 15-408

Ebenezer African Methodist Episcopal Church, 18 and 20-30 West Montgomery Street, the property being further described as follows: Beginning for the same at a point on the north side of Montgomery Street, as now laid out, said point of beginning being the beginning of the parcel of land conveyed by Carroll Spence and Wife to the African Methodist Episcopal Ebenezer Church by deed dated April 18, 1892 and recorded among the Land Records of Baltimore City in Liber J.B. No. 1389 Folio 169 and running thence binding on the north side of said Montgomery Street and on the first line of said deed, there situate, Easterly 66 feet; thence binding on part of the second line of said deed, Northerly 91.5 feet, more or less, to intersect the south outline of the property known as No. 13-15 West Hughes Street; thence binding on the south outline of the properties known as Nos. 13-15 through and including 19-23 West Hughes Street, Westerly 66 feet, more or less, to intersect the last line of said deed and thence binding on part of the last line of said deed, to the end thereof, Southerly 91.5 feet, more or less, to the place of beginning; the improvements being known as No. 18 and 20-30 West Montgomery Street. City Code, 1976/83, art. 1, §40(ff)(5) 2000, art. 6, §9-6 Ord. 71-974 Ord. 15-408

Municipal Museum of Baltimore (Peale Museum), 225 N. Holliday Street, the property being further described in a deed by William Thomas Wilson and wife to Mayor and City Council of Baltimore, dated January 8, 1901, and recorded among the land records of Baltimore City in Liber R.O. 1883 Folio 429. City Code, 1976/83, art. 1, §40(ff)(6) 2000, art. 6, §9-7 Ord. 71-974 Ord. 15-408

Carroll Mansion Complex, 33 South Front Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the northwest side of Lombard Street and the northeast side of Front Street, and running thence binding on the northeast side of Front Street, Northwesterly 274.5 feet, more or less, to the division line between the properties known as No. 33 S. Front Street and No. 10/20 Albemarle Street; thence binding on said division line, Northeasterly 150.0 feet, more or less, to intersect the southwest side of Albemarle Street; thence binding on the southwest side of Albemarle Street, Southeasterly 275.0 feet, more or less, to intersect the northwest side of Lombard Street, and thence binding on the northwest side of Lombard Street, Southwesterly 151.0 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(7) 2000, art. 6, §9-8 Ord. 71-974 Ord. 02-396 Ord. 15-408

Lovely Lane Methodist Church, 2200 St. Paul Street, the property being further described in a deed by William W. Spence and wife to Trustees of the Methodist Episcopal Church in the City and Precincts of Baltimore, dated March 2, 1890, and recorded among the land records of Baltimore City in Liber J.B. 1284 Folio 486. City Code, 1976/83, art. 1, §40(ff)(8) 2000, art. 6, §9-9 Ord. 71-974 Ord. 15-408

Lloyd Street Synagogue, 11 Lloyd Street, the property being further described in a deed by Shomre Mishmereth Hakadesh Anshe Wolin Congregation of Baltimore City to Jewish Historical Society of Maryland, Inc., dated February 15, 1963, and recorded among the land records of Baltimore City in Liber J.F.C. 1438 Folio 102. City Code, 1976/83, art. 1, §40(ff)(9) 2000, art. 6, §9-10 Ord. 71-974 Ord. 15-408

Bethel A.M.E. Church, 1300 Druid Hill Avenue, the property being further described as two parcels in a deed by Vestry of St. Peters P.E. Church to African Methodist Bethel Church, dated November 22, 1910, and recorded among the land records of Baltimore City in Liber S.C.L. 2622 Folio 82. City Code, 1976/83, art. 1, §40(ff)(10) 2000, art. 6, §9-11 Ord. 71-974 Ord. 15-408

Eutaw Place Baptist Church, 327 Dolphin Street, the property being further described in a deed by Hiram Woods and wife to Trustees of Eutaw Place Baptist Church, dated February 20, 1871 and recorded among the land records of Baltimore City in Liber G.R. 514 Folio 163; in a deed by Hiram Woods, Jr. to Trustees of Eutaw Place Baptist Church of Baltimore, dated May 11, 1907, and recorded among the land records of Baltimore City in Liber R.O. 2348, Folio 161; in a deed by Susan L. Littell to Trustees of Eutaw Place Baptist Church of Baltimore, dated April 30, 1907, and recorded among the land records of Baltimore City in Liber R.O. 2336, Folio 117; and in a deed by Safe Deposit and Trust Company of Baltimore, Trustee to Trustees of Eutaw Place Baptist Church of Baltimore, dated July 7, 1914, and recorded among the land records of Baltimore City in Liber S.C.L. 2913, Folio 71. City Code, 1976/83, art. 1, §40(ff)(11) 2000, art. 6, §9-12 Ord. 71-974 Ord. 15-408

Eastern Female High School, 249 Aisquith Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the east side of Aisquith Street, as now laid out, and the south side of Orleans Street, as now laid out 66 feet wide, and running thence binding on the south side of said Orleans Street, North 87°-08-00" East 335.63 feet to intersect the west side of Lewis Street, as now laid out 30 feet wide; thence binding on the west side of said Lewis Street, South 02°-52'-00" East 181.02 feet to the south side of Mullikin Street, as laid out 40 feet wide; thence for a new line of division through the property now or formerly owned by the Mayor and City Council of Baltimore and binding on a line drawn parallel with and distant 181.02 feet southerly, measured at right angles from the south side of said Orleans Street, South 87°-08'-00" West 336 feet, more or less, to intersect the aforesaid east side of Aisquith Street and thence binding on the east side of said Aisquith Street, North 02°-45'-40" West 181 feet, more or less, to the place of beginning; the improvements thereon being known as 249 Aisquith Street. City Code, 1976/83, art. 1, §40(ff)(12) 2000, art. 6, §9-13 Ord. 71-974 Ord. 15-408

Belvedere Hotel, 1 East Chase Street, the property being further described as follows: Beginning for the first thereof, at the corner formed by the intersection of the east side of Charles Street and the south side of Chase Street; and running thence southerly, binding on the east side of Charles Street, one hundred and twenty-nine feet nine and one-half inches to a point distant three hundred and two feet nine and one-half inches northerly from the corner formed by the intersection of the east side of Charles Street and the north side of Eager Street; thence easterly one hundred and eighty-four feet three inches to Lovegrove Alley; thence northerly, binding on Lovegrove Alley, one hundred and twenty-nine feet nine and one-half inches to the south side of Chase Street; thence westerly binding on the south side of Chase Street, one hundred and eighty-four feet three inches to the place of beginning. The improvements thereon being known as No. 1 East Chase Street. City Code, 1976/83, art. 1, §40(ff)(13) 2000, art. 6, §9-14 Ord. 75-1001 Ord. 15-408

Battle Monument, Calvert Street, north of Fayette Street, the property being further described as follows: The coordinates of the center point of the Battle Monument being based upon the Baltimore Survey Control System are East 925 feet and South 2,500 feet, said Battle Monument having an even width of 33 feet and an even depth of 33 feet and being located in the park on Calvert Street north of Fayette Street. City Code, 1976/83, art. 1, §40(ff)(14) 2000, art. 6, §9-15 Ord. 75-1001 Ord. 15-408

St. Paul’s P.E. Church, 233 N. Charles Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the east side of N. Charles Street and the south side of E. Saratoga Street and running thence binding on the south side of said E. Saratoga Street, Easterly 147 feet, more or less, to intersect the west side of Lovegrove Street; thence binding on the west side of said Lovegrove Street, Southerly 111 feet, more or less, to the division line between the property being herein described known as No. 233 N. Charles Street and the property adjoining on the south thereof known as No. 221/227 N. Charles Street; thence binding on said division line, Westerly 147 feet, more or less, to the aforesaid east side of N. Charles Street and thence binding on the east side of said N. Charles Street, Northerly 111 feet, more or less to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(15) 2000, art. 6, §9-16 Ord. 75-1001 Ord. 15-408

St. Paul’s P.E. Church Rectory, 24 W. Saratoga St., the property being further described as follows: The coordinates of the center point of the building known as St. Paul’s P. E. Church Rectory and designated as No. 24 W. Saratoga Street being based upon the Baltimore Survey Control System are West 195 feet and South 1,560 feet. City Code, 1976/83, art. 1, §40(ff)(16) 2000, art. 6, §9-17 Ord. 75-1001 Ord. 15-408

Cylburn House, being further described as follows: Beginning for the same at the point formed by the intersection of the southeast edge of the first asphalt road, lying southeast of Cylburn Avenue, extending from Greenspring Avenue northeasterly to Cylburn House and a line drawn parallel with and distant 75.0 feet southwesterly, measured at right angles from the southwest face of the two and one-half story stone building, there situate, said point of beginning being approximately 2,150 feet, more or less, measured along the southeast edge of said asphalt road from the northeast side of said Greenspring Avenue and running thence binding on said line so drawn, Northwesterly 630 feet, more or less, to intersect the line of the northwest face of a one story stone addition to a one and one-half story stone building, there situate, if projected southwesterly; thence binding in part reversely on said line so projected, in part on the northwest face of said one story stone addition, in part on the line of the northwest face of said one story stone addition if projected northeasterly and in all Northeasterly 210 feet, more or less, to intersect a line drawn parallel with and distant 75.0 feet northeasterly, measured at right angles from the northeast face of said two and one-half story stone building; thence binding on last said line so drawn, Southeasterly 635 feet, more or less, to intersect a line drawn northeasterly from the place of beginning parallel with the southeast face of said two and one-half story stone building and thence binding reversely on last said line so drawn, Southwesterly 210 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(17) 2000, art. 6, §9-18 Ord. 75-1001 Ord. 15-408

Davidge Hall, 522 W. Lombard Street, being further described as follows: A building being known as Davidge Hall and designated as No. 522 W. Lombard Street and located in the vicinity of the northeast corner of Greene Street and Lombard Street. City Code, 1976/83, art. 1, §40(ff)(18) 2000, art. 6, §9-19 Ord. 75-1001 Ord. 15-408

Mt. Clare Station Roundhouse, being further described as follows: The coordinates of the center point of the Round House in Mt. Clare Station being based upon the Baltimore Survey Control System are West 4,790 feet and South 4,420 feet, said Round House having a radius of 120 feet and located at the southwest corner of Pratt Street and Poppleton Street. City Code, 1976/83, art. 1, §40(ff)(19) 2000, art. 6, §9-20 Ord. 75-1001 Ord. 15-408

Evergreen House, 4545 N. Charles Street, being a building known as Evergreen House and designated as No. 4545 N. Charles Street and located north of E. Cold Spring Lane and east of N. Charles Street. City Code, 1976/83, art. 1, §40(ff)(20) 2000, art. 6, §9-21 Ord. 75-1001 Ord. 15-408

Old Post Office Building, 111 N. Calvert Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the east side of Calvert Street and the south side of Lexington Street and running thence binding on south side of said Lexington Street, Easterly 284 feet, more or less, to intersect the west side of Guilford Avenue; thence binding on the west side of said Guilford Avenue, Southerly 239 feet, more or less, to intersect the north side of Fayette Street; thence binding on the north side of said Fayette Street, Westerly 280 feet, more or less, to intersect the aforesaid east side of Calvert Street and thence binding on the east side of said Calvert Street, Northerly 242 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(21). 2000, art. 6, §9-22 Ord. 75-1001 Ord. 15-408

Homewood House, being further described as follows: The coordinates of the center point of the building known as the Homewood House being based upon the Baltimore Survey Control System are West 920 feet and North 11,725 feet and located northwest of the intersection of N. Charles Street and Thirty-Fourth Street. City Code, 1976/83, art. 1, §40(ff)(22) 2000, art. 6, §9-23 Ord. 75-1001 Ord. 15-408

Fifteen structures in Druid Hill Park, being further described as follows: The coordinates of the center point of five unnamed pavilions, located in Druid Hill Park, based upon the Baltimore Survey Control System are (1) West 9,650 feet and North 8,375 feet, (2) West 9,205 feet and North 8,980 feet, (3) West 8,920 feet and North 9,620 feet, (4) West 7,570 feet and North 8,550 feet and (5) West 6,935 feet and North 8,250 feet and being five of the original Frederick Pavilions. The coordinates of the center point of Latrobe Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 6,130 feet and North 8,205 feet and being one of the original Frederick Pavilions. The coordinates of the center point of Council Grove Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 9,685 feet and North 9,150 feet and being one of the original Frederick Pavilions. The coordinates of the center point of a building known as the Maryland House, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 8,660 feet and North 9,780 feet. The coordinates of the center point of Octagonal Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 7,925 feet and North 10,200 feet and being one of the original Frederick Pavilions. The coordinates of the center point of a building known as the Conservatory, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 8,590 feet and North 7,590 feet. The coordinates of the center point of Chinese Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 7,975 feet and North 6,665 feet being one of the original Frederick Pavilions. The coordinates of the center point of the Chess and Checkers Pavilion, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 7,417 feet and North 7,320 feet being one of the original Frederick Pavilions. The coordinates of the center point of the archway on the Madison Street entrance to Druid Hill Park based upon the Baltimore Survey Control System are West 6,990 feet and North 6,445 feet. The coordinates of the center point of a building known as the Mansion House, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 8,890 feet and North 9,450 feet. The coordinates of the center point of a building formerly known as the Boat House, located in Druid Hill Park, based upon the Baltimore Survey Control System are West 9,040 feet and North 8,670 feet. City Code, 1976/83, art. 1, §40(ff)(23) 2000, art. 6, §9-24 Ord. 75-1001 Ord. 15-408

The Baltimore Arts Tower (Bromo Seltzer): Beginning for the same at the point formed by the intersection of the north side of Lombard Street, as now laid out 66 feet wide, and the east side of Eutaw Street, as now laid out 82.5 feet wide, and running thence binding on the east side of said Eutaw Street, North 02°-40'-10" West 35.00 feet; thence binding on a line drawn parallel with said Lombard Street, North 87°-18'-20" East 35.00 feet; thence binding on a line drawn parallel with said Eutaw Street, South 02°-40'-10" East 35.00 feet to intersect the aforesaid north side of Lombard Street and thence binding on the north side of said Lombard Street, South 87°-18'-20" West 35.00 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(24) 2000, art. 6, §9-25 Ord. 75-1001 Ord. 15-408

Mercantile Safe Deposit and Trust Building, 202 E. Redwood Street, the property being further described as follows: Beginning for the Second thereof at a point on the east side of Calvert Street, one hundred and thirty-five feet south of the south side of Baltimore Street which point and beginning is also at the southwesternmost corner of the building located at 201 East Baltimore Street known as Mercantile Trust Building; thence southerly binding on the east side of Calvert Street, seventy-two feet, more or less, to the north side of Redwood Street; thence easterly, binding on the north side of Redwood Street, one hundred feet to the west side of an alley there situate; thence northerly, binding on the west side of said alley with the use thereof in common with others, seventy-two feet four and one-half inches to the south side of the aforesaid Mercantile Trust Building; thence westerly, binding along the south side of said Mercantile Trust Building, ninety-eight feet; thence southerly four and one-half inches; thence westerly two feet to the place of beginning. The improvements thereon being known as No. 202 E. Redwood Street. City Code, 1976/83, art. 1, §40(ff)(25) 2000, art. 6, §9-26 Ord. 75-1001 Ord. 15-408

Star Spangled Banner Flag House, 844 E. Pratt Street, the property being further described as follows: Beginning for the same at the corner or intersection of Queen now called Pratt Street and Albermarle Street and running thence binding on Albermarle Street 62 feet to James Brown’s part of said lot thence westerly binding on said Brown’s part and parallel with Queen Street 20 feet to a part of said lot sold to Mauldin Perine deceased thence southeasterly bounding on said Perine’s part and parallel with Albermarle Street 62 feet to Queen Street thence binding on Queen Street 20 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(26) 2000, art. 6, §9-27 Ord. 75-1001 Ord. 15-408

Peabody Institute, 1/21 E. Mount Vernon Place, the property being further described as follows: Beginning for the same at the point formed by the intersection of the east side of Washington Place, 150 feet wide, and the south side of Mt. Vernon Place, 200 feet wide, and running thence binding on the south side of said Mt. Vernon Place, Easterly 270 feet, more or less, to the beginning of the first parcel of land conveyed by Guarantee Title Holding Corporation to Peabody Institute of the City of Baltimore by deed dated April 12, 1962 and recorded among the Land Records of Baltimore City in Liber J.F.C. No. 1261, Folio 318; thence binding reversely on the last line of the first parcel of land described in said deed, Southerly 160 feet to the north side of the former bed of Peabody Alley, as condemned and closed in accordance with Ordinance No. 534, approved May 17, 1965; thence binding on the north side of the former bed of said Peabody Alley, Westerly 270 feet, more or less, to intersect the aforesaid east side of Washington Place and thence binding on the east side of said Washington Place, Northerly 160 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(27) 2000, art. 6, §9-28 Ord. 75-1001 Ord. 15-408

Old Town Friends’ Meeting House, 1201 E. Fayette Street, the property being further described as follows: Beginning for the same at a point on the northeast side of Aisquith Street, as now laid out, distant South 19-38-00 East 23.00 feet, measured along the northeast side of said Aisquith Street from the southeast side of Fayette Street, 99 feet wide, and running thence for new lines of division through the property now or formerly owned by the Mayor and City Council of Baltimore the three following courses and distances; namely, parallel with said Fayette Street, North 70-33-45 East 67.00 feet, parallel with said Aisquith Street, South 19-38-00 East 42.00 feet, and parallel with said Fayette Street, South 70-33-45 West 67.00 feet to the aforesaid northeast side of Aisquith Street and thence binding on the northeast side of said Aisquith Street, North 19-38-00 West 42.00 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(28) 2000, art. 6, §9-29 Ord. 75-1001 Ord. 15-408

Mother Seton House, 600 N. Paca Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the west side of Paca Street, 66 feet wide, and the northernmost side of a brick wall with iron fence to the Mother Seton House, said point of beginning being distant 546 feet, more or less, southerly measured along the west side of said Paca Street from the southwest side of Druid Hill Avenue, 60 feet wide, and running thence binding on the west side of said Paca Street, southerly 29 feet, more or less, to the southernmost side of a brick wall with iron fence to the Mother Seton House; thence binding on the southernmost side of said brick wall, westerly 18 feet, more or less, to the end thereof; thence by a straight line, northerly 3 feet, more or less, to the southeast corner of a two and one half story brick building known as the Mother Seton House; thence binding in part on the southernmost face of said two and one half story brick building, in part on the southernmost face of a one story wooden addition to said two and one half story brick building and in all, westerly 43 feet, more or less, to the southwest corner of said one story wooden addition; thence binding in part on the westernmost face of said one story wooden addition, in part on the westernmost face of said two and one half story brick building and in all, northerly 26 feet, more or less, to the northwest corner of said two and one half story brick building; thence binding in part on the northernmost face of said two and one half story brick building, in part on the northernmost side of the aforesaid brick wall with iron fence and in all, easterly 60 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(29) 2000, art. 6, §9-30 Ord. 75-1001 Ord. 15-408

The Washington Monument and Mount Vernon Place, the property being further described as follows: Beginning for the same at the point formed by the intersection of the west side of St. Paul Street and the south side of Mt. Vernon Place, 200 feet wide and running thence binding on the south side of said Mt. Vernon Place, Westerly 350 feet, more or less, to intersect the east side of Washington Place, 150 feet wide; thence binding on the east side of said Washington Place, Southerly 290 feet, more or less, to intersect the north side of Centre Street; thence binding on the north side of said Centre Street, Westerly 150 feet to intersect the west side of said Washington Place; thence binding on the west side of said Washington Place, Northerly 200 feet, more or less, to intersect the south side of said Mt. Vernon Place; thence binding on the south side of said Mt. Vernon Place, Westerly 280 feet, more or less, to intersect the east side of Cathedral Street, thence binding on the east side of said Cathedral Street, Northerly 200 feet to intersect the north side of said Mt. Vernon Place; thence binding on the north side of said Mt. Vernon Place, Easterly 280 feet, more or less, to intersect the west side of said Washington Place; thence binding on the west side of said Washington Place, Northerly 250 feet, more or less, to intersect the south side of Madison Street; thence binding on the south side of said Madison Street, Easterly 150 feet to intersect the east side of said Washington Place; thence binding on the east side of said Washington Place, Southerly 250 feet, more or less, to intersect the north side of said Mt. Vernon Place; thence binding on the north side of said Mt. Vernon Place, Easterly 350 feet, more or less, to intersect the aforesaid west side of St. Paul Street and thence binding on the west side of said St. Paul Street, Southerly 200 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(30) 2000, art. 6, §9-31 Ord. 75-1001 Ord. 15-408

Westminster Presbyterian Church, 509/13 W. Fayette Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the south side of Fayette Street, 66 feet wide, and the east side of Greene Street, 66 feet wide, and running thence binding on the south side of said Fayette Street, Easterly 152 feet, more or less, to the end of the fifth line of the second parcel of land conveyed by the Mayor and City Council of Baltimore to the State of Maryland by deed dated July 12, 1965 and recorded among the Land Records of Baltimore City in Liber J.F.C. No. 1921 Folio 97; thence binding reversely on the fifth and fourth lines of the second parcel of land described in said deed, respectively, the two following courses and distances, namely, South 01°-47'-30" East 208.12 feet and South 86°-54'-40" West 151.72 feet to the aforesaid east side of Greene Street and thence binding on the east side of said Greene Street, Northerly 208 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(31) 2000, art. 6, §9-32 Ord. 75-1001 Ord. 15-408

Basilica of the Assumption, the property being further described as follows: Beginning for the same at the corner or intersection formed by the west side of Charles Street and the North side of Mulberry Street and running thence Northerly binding on the west side of Charles Street two hundred feet to the north side of an alley eighteen feet wide laid out by the said trustees for the use of the Lots on Cathedral square, then Westerly binding on the North side of the said alley and parallel with Mulberry Street three hundred and twenty feet to Cathedral Street laid out of the width of sixty six feet by the said John E. Howard, then southerly binding on Cathedral Street two hundred feet to Mulberry Street and then Easterly binding on the North side of Mulberry Street to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(32) 2000, art. 6, §9-33 Ord. 75-1001 Ord. 15-408

H. L. Mencken House, 1524 Hollins Street, the property being further described as follows: Beginning for the same on the North side of Hollins Street at the distance of 215 feet, more or less, West from the Northwest corner of Hollins and Stricker Streets and the center of a partition wall there situate and running thence West on the North side of Hollins Street 18 feet to the center of a partition wall there situate thence Northerly parallel with Stricker Street 155 feet, more or less, to a public alley 20 feet wide there situate thence Easterly along the South side of said alley 18 feet and thence Southerly parallel with Stricker Street 150 feet to the place of beginning; the improvements thereon being known as No. 1524 Hollins Street. City Code, 1976/83, art. 1, §40(ff)(33) 2000, art. 6, §9-34 Ord. 75-1001 Ord. 15-408

Shot Tower, the property being further described as follows: Beginning for the same on the southeast corner of Fayette and Front Streets and running thence easterly binding on the south side of Fayette Street 37.2 feet thence by a line curving to the right with a radius of 25.31 feet said line being throughout its length distant 5 feet from the base of the circular brick Shot Tower which now stands in the land being described a distance of 83.98 feet to the east side of Front Street thence northerly binding on the east side of Front Street 34.2 feet to the place of beginning being a portion of the parcel of land which was conveyed by Charles C. Fickenscher and Edward R. Fickenscher by deed dated February 28th, 1921, and recorded among the Land Records of Baltimore City in Liber S C L No. 3707 Folio 61. City Code, 1976/83, art. 1, §40(ff)(34) 2000, art. 6, §9-35 Ord. 75-1001 Ord. 15-408

Engine House No. 6, 416 N. Gay Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the northwest side of Gay Street, 49.5 feet wide, and the southeast side of Ensor Street, 80.0 feet wide, said point of beginning being the beginning of the first parcel of land conveyed by The Independent Fire Company to the Mayor and City Council of Baltimore by deed dated May 5, 1859 and recorded among the Land Records of Baltimore City in Liber G.E.S. No. 174 Folio 492 and thence binding in part on the first line of the first parcel of land described in said deed, in part on the first line of the second parcel of land described in said deed, in part on the last line of the parcel of land conveyed by Jackson Foster and Wife "etal" to the Mayor and City Council of Baltimore by deed dated July 8, 1884 and recorded among the aforesaid Land Records in Liber J.B. No. 1015 Folio 77 and in all, on the northwest side of said Gay Street, Northeasterly 118 feet, more or less, to the beginning of last said deed; thence binding on the first line of last said deed, Northwesterly 48.67 feet to the aforesaid southeast side of Ensor Street and thence binding in part on the second line of last said deed, in part on the third line of the second parcel of land described in the deed mentioned firstly herein, in part on the last line of the first parcel of land described in the deed mentioned firstly herein and in all, on the southeast side of said Ensor Street, Southwesterly 121 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(35) 2000, art. 6, §9-36 Ord. 75-1001 Ord. 15-408

St. Vincent de Paul Church, the property being further described as follows: Beginning for the same on the Northernmost side of Front Street at the Southeasternmost corner of the Lot of ground assigned by Charles Pendergast and others to the said party hereto of the third part by deed dated on the 29th day of May 1854 and recorded among the Land Records of said City in Liber EDW no. 61 folio 86 and running thence Southerly bounding in the westernmost side of Front Street 75 feet and 4 inches, more or less, to the outside of the Southernmost wall of the Church of St. Vincent de Paul thence Westerly at right angles with Front Street and bounding on the outside of said wall and continuing the same direction to Jones Falls then northerly bounding in the East side of Jones Falls 75 feet and 4 inches, more or less, to the Lot of ground as aforesaid conveyed by Charles Pendergast and others to the said party of the third part and then easterly bounding on that Lot by a straight line to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(36) 2000, art. 6, §9-37 Ord. 75-1001 Ord. 15-408

Old Cathedral School, the property being further described as follows: Beginning for the same on the line of the south side of Mulberry Street at the distance of 140 feet westerly from the corner formed by the intersection of the south side of Mulberry Street and the west side of Charles Street which place of beginning is at the southwest corner or intersection of Mulberry Street and a 20 foot alley and running thence westerly bounding on the south side at Mulberry Street 52 feet thence southerly parallel with Charles Street to Little Pleasant Street thence southeasterly bounding on the north side of Little Pleasant Street 52 feet more or less to the 20 foot alley aforesaid and thence northerly bounding on the west side of said 20 foot alley to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(37) 2000, art. 6, §9-38 Ord. 75-1001 Ord. 15-408

Edgar Allan Poe House, located at 203 N. Amity Street, Ward 18, Section 13, Block 173, Lot 4. City Code, 1976/83, art. 1, §40(ff)(38) 2000, art. 6, §9-39 Ord. 75-1001 Ord.82-829 Ord. 15-408

Thomas-Jencks-Gladding House, 1 W. Mt. Vernon Place, the property being further described as follows: Beginning for the same at the corner formed by the intersection of the south side of Mt. Vernon Place with the west side of Washington Place, and running thence westwardly, bounding on the south side of Mt. Vernon Place, 61 feet 9 1/3 inches to the lot designated as Lot No. 40 on aforesaid Plat, thence southwardly, bounding on said Lot No. 40, 160 feet to Spring Alley, thence eastwardly, bounding on the north side of Spring Alley, 61 feet 9 1/3 inches to Washington Place, and thence northwardly bounding thereon, 160 feet to the place of beginning. The improvements thereon being known as No. 1 West Mt. Vernon Place. City Code, 1976/83, art. 1, §40(ff)(39) 2000, art. 6, §9-40 Ord. 75-1001 Ord. 15-408

Clifton Mansion: Beginning for the same at the point formed by the intersection of the northwest edge of the first macadam road lying southeast of Harford Road, extending from St. Lo Drive northeasterly to the northerly extension of Rose Street and the southwest edge of the first macadam road lying northeast of St. Lo Drive, extending from the macadam road mentioned firstly herein northwesterly and running thence binding on the southwest edge of last said macadam road in a generally northwesterly and northeasterly direction 890 feet; thence by a straight line crossing last said macadam road, Easterly 86 feet, more or less, to a point on the northeast edge of the second macadam road lying northeast of St. Lo Drive, extending from the macadam road mentioned firstly herein northwesterly, distant 802 feet northwesterly, measured along the northeast edge of last said macadam road from the northwest edge of the macadam road mentioned firstly herein; thence binding on the northeast edge of last said macadam road in a generally southeasterly direction 802 feet to the northwest edge of the macadam road mentioned firstly herein and thence binding on the northwest edge of the macadam road mentioned firstly herein in a generally southwesterly direction 198 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(40) 2000, art. 6, §9-41 Ord. 75-1001 Ord. 15-408

Roland Park Shopping Center. Beginning for the same at the point formed by the intersection of the northeast side of Upland Road, as now laid out and the northwest side of Roland Avenue, as now laid out 120 feet wide, said point of beginning being the beginning of the parcel of land conveyed by The Roland Park Co. to Roland Park Shopping Center Inc. by deed dated April 10, 1945 and recorded among the Land Records of Baltimore City in Liber M.L.P. No. 6729, Folio 65 and running thence binding on the northeast side of said Upland Road and on the first line of said deed, there situate, Southwesterly 156.54 feet; thence binding on the second and third lines of said deed, the two following courses and distances; namely, Northeasterly 92.24 feet and Northwesterly 33.46 feet to the southeast side of Long Lane, 20 feet wide; thence binding in part on the fourth line of said deed, in part reversely on the third line of the parcel of land conveyed by Jack O. Chertkof, Trustee to David W. and Annie Chertkof Mitzvah Fund, Inc., by deed dated June 27, 1975, and recorded among the Land Records of Baltimore City in Liber R.H.B. No. 3246, Folio 220 and in all on the southeast side of said Long Lane, Northeasterly 107.76 feet; thence binding reversely on the second line of last said deed, Southeasterly 190 feet to the northwest side of said Roland Avenue and thence binding in part reversely on the first line of last said deed, in part on the last line of the deed mentioned firstly herein, and in all on the northwest side of said Roland Avenue, Southwesterly 200 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(41) 2000, art. 6, §9-42 Ord. 75-1001

St. Mary’s Seminary Chapel, 600 N. Paca Street, the property being further described as follows: Beginning for the same at a bend in the outline of the parcel of land to be conveyed by the Associated Sulpicians of the United States to the Mayor and City Council of Baltimore being part of the property known as No. 600 Paca Street, the coordinates of said bend based upon the Baltimore survey control system being west 2344.83 feet and south 674.46 feet and running thence binding on a southeast outline of said parcel of land, North 45°-43'-40" East 175 feet, more or less, to intersect the line of the northeast face of the brick chapel situate on said property if projected northwesterly; thence binding in part reversely on said line so projected, in part on the northeast faces of said brick chapel and in all, in a generally southeasterly direction 95 feet, more or less, to the easternmost corner of said brick chapel and to the southwest side of a wooden roof, situate on said property; thence binding on the southwest side of said wooden roof, southeasterly 17 feet, more or less, to intersect the southeast side of a brick walk situate on said property; thence binding on the southeast side of said brick walk, southwesterly 149 feet, more or less, to intersect the north outline of the aforesaid parcel of land to be conveyed by the Associated Sulpicians of the United States to the Mayor and City Council of Baltimore and thence binding on the north and northeast outlines of the aforesaid parcel of land the two following courses and distances; namely, South 87°-50'-15" West 28 feet, more or less, and North 47°-18'-15" West 92.25 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(42) 2000, art. 6, §9-43 Ord. 75-1001 Ord. 15-408

B’Nai Israel Synagogue, located at 27-35 Lloyd Street, Ward 3, Section 3, Block 1365, Lot 28. City Code, 1976/83, art. 1, §40(ff)(43) 2000, art. 6, §9-44 Ord. 77-331 Ord. 15-408

First Baptist Church, located at 525 N. Caroline Street, Ward 7, Section 9, Block 1281, Lot 45. City Code, 1976/83, art. 1, §40(ff)(44) 2000, art. 6, §9-45 Ord. 77-331 Ord. 15-408

Sharon Baptist Church, located at 1373 N. Stricker Street, Ward 15, Section 10, Block 35, Lot 37. City Code, 1976/83, art. 1, §40(ff)(45) 2000, art. 6, §9-46 Ord. 77-331 Ord. 15-408

Taylor’s Chapel & Burial Ground, located at 6001 Hillen Road, Ward 27, Section 29, Block 5288B, Lot 1. City Code, 1976/83, art. 1, §40(ff)(46) 2000, art. 6, §9-47 Ord. 77-331 Ord. 15-408

Zion Lutheran Church and Parish House, located at 140-146 N. Gay Street, Ward 4, Section 12, Block 1303A, Lot 1. City Code, 1976/83, art. 1, §40(ff)(47) 2000, art. 6, §9-48 Ord. 77-331 Ord. 15-408

Furness House, located at 19-21 South Street, Ward 4, Section 11, Block 1348, Lot 7. City Code, 1976/83, art. 1, §40(ff)(48) 2000, art. 6, §9-49 Ord. 77-331 Ord. 15-408

Goucher House, located at 2313 St. Paul Street, Ward 12, Section 6, Block 3821, Lot 3. City Code, 1976/83, art. 1, §40(ff)(49) 2000, art. 6, §9-50 Ord. 77-331 Ord. 15-408

United States Customs House, located at 40 S. Gay Street, Ward 4, Section 11, Block 1371, Lot 1. City Code, 1976/83, art. 1, §40(ff)(50) 2000, art. 6, §9-51 Ord. 77-331 Ord. 15-408

Pennsylvania Station, located at 1525 N. Charles Street, Ward 12, Section 10, Block 427, Lot 6. City Code, 1976/83, art. 1, §40(ff)(51) 2000, art. 6, §9-52 Ord. 77-331 Ord. 15-408

Ascot House, located at 104 W. 39th Street, Ward 12, Section 1, Block 3701F, Lot 2. City Code, 1976/83, art. 1, §40(ff)(52) 2000, art. 6, §9-53 Ord. 77-331 Ord. 15-408

Babe Ruth House, located at 216 Emory Street, Ward 22, Section 4, Block 675, Lot 80. City Code, 1976/83, art. 1, §40(ff)(53) 2000, art. 6, §9-54 Ord. 77-331 Ord. 15-408

War Memorial, located at 101 N. Gay Street, Ward 3, Section 12, Block 1303B, Lot 1. City Code, 1976/83, art. 1, §40(ff)(54) 2000, art. 6, §9-55 Ord. 77-331 Ord. 15-408

Alexander Brown and Sons, located at 135 East Baltimore Street, Ward 4, Section 11, Block 649, Lot 12. City Code, 1976/83, art. 1, §40(ff)(55) 2000, art. 6, §10-1 Ord. 82-829 Ord. 15-408

Baltimore City Courthouse, located at 100 North Calvert Street, Ward 4, Section 12, Block 624, Lot 1. City Code, 1976/83, art. 1, §40(ff)(56) 2000, art. 6, §10-2 Ord. 82-829 Ord. 15-408

“Carroll Hunting Lodge,” located at 5914 Greenspring Avenue, Ward 27, Section 22, Block 4400B, Lot 2. City Code, 1976/83, art. 1, §40(ff)(57) 2000, art. 6, §10-3 Ord. 82-829 Ord. 15-408

Continental Building, located at 201 East Baltimore Street, Ward 4, Section 11, Block 650, Lot 4. City Code, 1976/83, art. 1, §40(ff)(58) 2000, art. 6, §10-4 Ord. 82-829 Ord. 15-408

Crimea House, Chapel, and Stables, the Crimea House property being described as follows: Beginning for the same at a point formed by the intersection of the east side of a paved park road and a line drawn parallel with and distant 100 feet northeasterly from the northeasternmost side of the building on the lot now being described, known as the Crimea House; the approximate coordinate of said point being West 23540 feet and North 2950 feet, and running thence binding on said line so drawn southeasterly 236 feet, more or less, to intersect a line drawn parallel to and distant 100 feet southeasterly from the southeasternmost side of the said building, thence binding on said line so drawn southwesterly 284 feet, more or less, to intersect a line drawn parallel to and distant 100 feet southwesterly from the southwesternmost side of said building; thence binding on said line so drawn northwesterly crossing said paved park road 325 feet, more or less, to intersect a line drawn parallel to and distant 150 feet northwesterly from the northwesternmost side of said building; thence binding on said line so drawn northeasterly 284 feet, more or less, to intersect a line drawn 100 feet northeasterly from the northeasternmost side of said building, and thence binding on said line southeasterly crossing said paved park road 89 feet, more or less, to the place of beginning. The improvements thereon being known as the Crimea House in Leakin Park. The Chapel property is described as follows: Beginning for the same at a point formed by the intersection of the east side of a paved park road and a line drawn parallel with and distant 20 feet northerly from the northernmost side of the building on the lot now being described, known as the Crimea Chapel building, the approximate coordinate of said point being West 23980 feet and North 3583 feet; and running thence binding on said line so drawn easterly 92 feet, more or less, to intersect a line drawn parallel with and distant 20 feet easterly from the easternmost side of said building; thence binding on said line so drawn southerly 71 feet, more or less, to intersect a line drawn parallel with and distant 20 feet southerly from the southernmost side of said building; thence binding on said line so drawn westerly 42 feet, more or less, to intersect the east side of the said paved park road, thence binding on the east side of said road, northerly 74 feet, more or less, to the place of beginning. The improvements thereon being known as the Crimea Chapel in Leakin Park. The Stable property is described as follows: Beginning for the same at a point formed by the intersection of the west side of a paved park road and a line drawn parallel with and distant 40 feet northerly from the northernmost side of the building on the lot now being described, known as the Crimea Stable building, the approximate coordinate of said point of beginning being West 24030 feet and North 2940 feet and running thence binding on the west side of said paved park road southerly 130 feet, more or less, to intersect a line drawn parallel with and distant 40 feet southerly from the southernmost side of said building; thence binding on said line so drawn Easterly 146 feet, more or less, to intersect a line drawn parallel with and distant 40 feet westerly from the westernmost side of said building; thence binding on said line so drawn northerly 128 feet, more or less, to intersect the line drawn parallel with and distant 40 feet northerly from the northernmost side of said building, and thence binding on said line so drawn easterly 118 feet, more or less, to the place of beginning. The improvements thereon being known as the Crimea Stable in Leakin Park. The coordinate mentioned is referred to the true meridian as adopted by the Baltimore Survey Control System. City Code, 1976/83, art. 1, §40(ff)(58) 2000, art. 6, §10-5 Ord. 82-829 Ord. 15-408

Etting Cemetery, located in the 1500 block north side of West North Avenue, Ward 13, Section 7, Block 3406, Lot 2. City Code, 1976/83, art. 1, §40(ff)(60) 2000, art. 6, §10-6 Ord. 82-829 Ord. 15-408

Gallagher Mansion, located at 431 Notre Dame Lane, the property being further described as follows: Beginning for the same at the point formed by the intersection of a line drawn parallel with and distant 10.00 feet northerly, measured at right angles from the northernmost face of the three story stone masonry building situate on the parcel of land known as No. 431/435 Notre Dame Lane and a line drawn parallel with and distant 10.00 feet easterly, measured at right angles from the easternmost face of said three story building and running thence binding on last said line so drawn, Southerly 75 feet, more or less, to intersect a line drawn parallel with and distant 10.00 feet southerly, measured at right angles from the southernmost face of said three story building; thence binding on last said line so drawn, Westerly 83 feet, more or less, to intersect a line drawn parallel with and distant 10.00 feet westerly, measured at right angles from the westernmost face of said three story building; thence binding on last said line so drawn, Northerly 75 feet, more or less, to intersect the line mentioned firstly herein and thence binding on the line mentioned firstly herein, Easterly 83 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(61) 2000, art. 6, §10-7 Ord. 82-829 Ord. 15-408

Greenmount Cemetery Chapel and Gates, the Gates property being described as follows: Beginning for the same at a point formed by the intersection of a line drawn parallel with and distant 2 feet southeasterly from the southeasternmost wall of the Gates of Greenmount Cemetery and a line drawn parallel with the southwestern wall and distant 2 feet southwesterly from the southwesternmost point of said gates, said point of beginning being also distant 55 feet, more or less, easterly measured at right angles from a point on the east side of Greenmount Avenue distant 303 feet, more or less, northerly from the intersection of the east side of said Greenmount Avenue and the north side of Hoffman Street, said point of beginning also having the approximate coordinate of East 2066 feet and North 3382 feet, and running thence binding on the line drawn parallel with the southwestern wall and distant 2 feet southwesterly from the southwesternmost point of said gates northwesterly 132 feet, more or less, to intersect a line drawn parallel with and distant 2 feet northwesterly from the northwesternmost wall of said gates; thence binding on said line so drawn northeasterly 32 feet, more or less, to intersect a line drawn parallel with and distant 2 feet northeasterly from the northeasternmost wall of said gates; thence binding on said line so drawn southeasterly 132 feet, more or less, to intersect said line drawn parallel with and distant 2 feet southeasterly from the southernmost wall of said gates and thence binding on said line so drawn southwesterly 32 feet, more or less, to the place of beginning. The improvements thereon being known as the Gates of Greenmount Cemetery. The Chapel property is described as follows: Beginning for the same at a point formed by the intersection of a line drawn parallel to the side of and distant 2 feet southeasterly from the southeasternmost point of the side of the carport of the Chapel, and a line drawn parallel to the side of and distant 2 feet southwesterly from the southwesternmost point of the side of said carport, said point of beginning having the approximate coordinate of east 2299 feet and North 3489 feet and running thence binding on said line, drawn parallel to the side of and distant 2 feet southwesterly from the southwesternmost point of the side of said carport, northwesterly 22.5 feet, more or less, to intersect a line drawn parallel with the side of and distant 2 feet northwesterly from the northwesternmost point of said carport, thence binding on said line so drawn northeasterly 18.5 feet, more or less, to intersect a curve whose center is the center of the Chapel, said curve also being concentric with the Chapel, running thence by a line curving to the right with a radius of 25 feet, more or less, the distance of 133 feet, more or less, to intersect said line drawn parallel to the side of and distant 2 feet southeasterly from the southeasternmost point of the side of said carport and thence binding on said line so drawn southwesterly 18.5 feet, more or less, to the place of beginning. The improvements thereon being known as the Greenmount Cemetery Chapel. City Code, 1976/83, art. 1, §40(ff)(62) 2000, art. 6, §10-8 Ord. 82-829 Ord. 15-408

James Lawrence Kernan Hospital, located at 2200 North Forest Park Avenue, the property being further described as follows: Beginning for the same at a point formed by the intersection of the line of the northeasternmost side of a three story brick building, there situate, if projected southeasterly, and the line of the southeasternmost side of said building if projected northeasterly, said building is part of the James Lawrence Kernan Hospital Site, being the former Mansion House, said point of beginning having the approximate coordinate of West 26458 feet and North 6340 feet, and running thence binding reversely on said last line so projected southwesterly 67 feet, more or less, to intersect the line of the southwesternmost side of said building if projected southeasterly; thence binding reversely on said line so projected northwesterly 59 feet, more or less, to intersect the line of the northwesternmost side of said building if projected southwesterly, thence binding reversely on said line so projected northeasterly 67 feet, more or less, to intersect the line of the northeasternmost side of said building if projected northwesterly and thence binding reversely on said line so projected southeasterly 59 feet, more or less, to the place of beginning. The improvements thereon being known as the James Lawrence Kernan Hospital. The coordinate mentioned is referred to the true meridian as adopted by the Baltimore Survey Control System. City Code, 1976/83, art. 1, §40(ff)(63) 2000, art. 6, §10-9 Ord. 82-829 Ord. 15-408

Leadenhall Baptist Church, located at 1021 Leadenhall Street, Ward 23, Section 3, Block 932, Lot 52. City Code, 1976/83, art. 1, §40(ff)(64) 2000, art. 6, §10-10 Ord. 82-829 Ord. 15-408

Mount Clare Mansion, the property being described as follows: Beginning for the same at a point formed by the intersection of the southeast side of a park paved road and the southwest side of another park paved road, said point being distant 550 feet, more or less, northeasterly from the intersection of the southeast side of the first park paved road with the east curb of Monroe Street, the approximate coordinate of said point of beginning being west 8166 feet and south 6591 feet and running thence binding on the southeast, south, southwest, west and northwest side of the first mentioned park paved road the distance of 1316 feet, more or less, and thence northwesterly 615 feet, more or less, to intersect the southwest side of said road northwesterly 103 feet, more or less, to the place of beginning. The improvements thereon being known as the Mt. Clare Mansion in Carroll Park. The coordinate mentioned is referred to the true meridian as adopted by the Baltimore Survey Control System. City Code, 1976/83, art. 1, §40(ff)(65) 2000, art. 6, §10-11 Ord. 82-829 Ord. 15-408

Mount Royal Station and Shed, located at 1400 Cathedral Street, Ward 11, Section 3, Block 442, Lot 1. City Code, 1976/83, art. 1, §40(ff)(66) 2000, art. 6, §10-12 Ord. 82-829 Ord. 15-408

New Psalmist Baptist Church and Parsonage, located at 100 West Franklin Street, Ward 11, Section 10, Block 550, Lot 1. City Code, 1976/83, art. 1, §40(ff)(67) 2000, art. 6, §10-13 Ord. 82-829 Ord. 15-408

Patterson Park Observatory, the property being described as follows: Beginning for the same at a point in the center of the Patterson Park Observatory, said point being distant 214 feet, more or less, measured easterly at right angles from the east side of Patterson Park Avenue, 70 feet wide, and 675 feet, more or less, measured southerly at right angles from the south side of Baltimore Street, 70 feet wide, the approximate coordinate of said beginning point being East 9045 feet and South 2748 feet, said point of beginning also being the center of a circular parcel of land with a radius of 50.00 feet that has a circumference of 314.16 feet. The improvements thereon being known as the Patterson Park Observatory in Patterson Park. The coordinate mentioned is referred to the true meridian as adopted by the Baltimore Survey Control System. City Code, 1976/83, art. 1, §40(ff)(68) 2000, art. 6, §10-14 Ord. 82-829 Ord. 15-408

Saint Frances Academy, located at 501 East Chase Street, Ward 10, Section 5, Block 1180, Lot 24. City Code, 1976/83, art. 1, §40(ff)(69) 2000, art. 6, §10-15 Ord. 82-829 Ord. 15-408

Saint Leo’s Church, located at 225 South Exeter Street, Ward 3, Section 6, Block 1415, Lot 17. City Code, 1976/83, art. 1, §40(ff)(70) 2000, art. 6, §10-16 Ord. 82-829 Ord. 15-408

Saint Peter Claver Church, located at 1542 North Fremont Avenue, Ward 15, Section 12, Block 306, Lot 8. City Code, 1976/83, art. 1, §40(ff)(71) 2000, art. 6, §10-17 Ord. 82-829 Ord. 15-408

Sharp Street United Methodist Church, located at 508 Dolphin Street, Ward 17, Section 1, Block 415, Lot 44. City Code, 1976/83, art. 1, §40(ff)(72) 2000, art. 6, §10-18 Ord. 82-829 Ord. 15-408

Fort McHenry, located at 1401 Constellation Plaza, Lot 1 in Block 24-11-2058A, having an area of 43.61 acres, more or less. City Code, 1976/83, art. 1, §40(ff)(73) 2000, art. 6, §10-19 Ord. 86-851 Ord. 15-408

G. Krug and Sons, 415-417 West Saratoga Street, Lot 23, Block 4-5-595, measuring 45 by 80 feet, more or less. City Code, 1976/83, art. 1, §40(ff)(74) 2000, art. 6, §10-20 Ord. 86-851 Ord. 15-408

Hutzler’s Palace Building (formerly known as 210-218 N. Howard Street), being further described as follows: Beginning for the same at a point on the west side of Howard Street, 82.5 feet wide, distant North 02°-50'-14" West 107.50 feet measured along the west side of said Howard Street from the north side of Lexington Street, 66 feet wide, and running thence binding on the south face of the south wall of the five story brick building situate on the parcel of land now being described, Westerly 118.25 feet; thence binding on the west face of the west wall of said five story building, Northerly 95.33 feet to the south side of the former bed of Clay Street; thence binding on the south side of the former bed of said Clay Street and on the north face of the north wall of said five story building, there situate, with the privilege in and to the use of said wall by the abutting property for support, North 86°-54'-55" East 118.25 feet to the west side of said Howard Street and thence binding on the west side of said Howard Street, South 02°-50'-14" East 96 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(75) 2000, art. 6, §10-21 Ord. 86-851 Ord. 15-408

The Mount Washington Octagon Building (U.S.F.&G.), being further described as follows: The coordinates of the center point of the building known as The Mount Washington Octagon Building being based upon the Baltimore Survey Control System are West 11,088 feet and North 26,151 feet and located on the former Campus of Mt. St. Agnes College. City Code, 1976/83, art. 1, §40(ff)(76) 2000, art. 6, §10-22 Ord. 86-851 Ord. 15-408

Mount Auburn Cemetery, 2614 Annapolis Road, the property being further described as follows: Beginning for the same at the point formed by the intersection of the southwest side of Waterview Avenue and the southeast side of Hollins Ferry Road and running thence binding on the southeast side of said Hollins Ferry Road, South 33°-15' West 528 feet; thence binding on a southwest outline of Mount Auburn Cemetery, South 76°-15' East 704 feet; thence binding on the southeast outline of said Mount Auburn Cemetery, South 34°-30' West 534.6 feet; thence binding on another southwest outline of said Mount Auburn Cemetery, South 76°-15' East 1204.5 feet, more or less, to the northwest side of Annapolis Road; thence binding on the northwest, west, southwest and south sides of said Annapolis Road, the nine following courses and distances; namely, North 28°-43'-23" East 22.34 feet, North 24°-50'-40" East 335.36 feet, North 24°-05'-30" East 217.59 feet, North 05°-51'-40" East 8 feet, more or less, North 84°-08'-20" West 7 feet, more or less, North 24°-41'-52" East 17 feet, more or less, North 05°-51'-40" East 286 feet, more or less, North 79°-57' West 53.37 feet and North 25°-09'-32" East 54.46 feet to the southwest side of said Waterview Avenue and thence binding on the southwest side of said Waterview Avenue the three following courses and distances; namely, North 79°-57' West 30.38 feet, North 75°-45' West 885.40 feet and North 76°-15' West 704 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(77) 2000, art. 6, §10-23 Ord. 86-851 Ord. 15-408

Booker T. Washington Jr. Middle, School No. 130, 1300 Madison Avenue, Lot 1/7, Block 11-6-398, measuring 240 by 330 feet, more or less. City Code, 1976/83, art. 1, §40(ff)(78) 2000, art. 6, §10-24 Ord. 86-851 Ord. 04-672 Ord. 15-408

Walters Bath House and Engine House # 10, 906 Washington Boulevard, the property being further described as follows: Beginning for the same at the point formed by the intersection of the north side of Washington Boulevard and the west side of Callendar Street and running thence binding on the north side of said Washington Boulevard, Westerly 61.5 feet, more or less, to intersect the line of the west face of the west wall of the building situate on the adjacent lot; thence binding in part on the west face of the west wall of said building, in part on the line of the west face of the west wall of said building if projected northerly and in all, Northerly 101 feet, more or less, to intersect the south side of Clifford Street; thence binding on the south side of said Clifford Street, Easterly 61.5 feet, more or less, to the west side of said Callendar Street and thence binding on the west side of said Callendar Street, Southerly 101 feet, more or less, to the place of beginning, the property being further described as Block 0847A, Lot 026. City Code, 1976/83, art. 1, §40(ff)(79) 2000, art. 6, §10-25 Ord. 86-851 Ord. 02-315 Ord. 15-408

Warden’s House (Baltimore City Jail), being further described as follows: The coordinates of the center point of the building known as the Warden’s House being based upon the Baltimore Survey Control System are East 1672 feet and North 510 feet located in the 400 block East Madison Street. City Code, 1976/83, art. 1, §40(ff)(80) 2000, art. 6, §10-26 Ord. 86-851 Ord. 15-408

Robert Long House, 810 and 812 S. Ann Street, Lot 30, Block 2-6-1861, measuring 48 by 65 feet, more or less. City Code, 1976/83, art. 1, §40(ff)(81) 2000, art. 6, §10-27 Ord. 86-851 Ord. 15-408

Greenway Cottages, 818, 822 and 826 West 40th Street, the property being further described as follows: Beginning for the same at a point on the north side of 40th Street distant 390 feet, more or less, easterly measured along the north side of said 40th Street from Roland Avenue and running thence binding on a line drawn at right angles to the north side of said 40th Street, Northerly 81 feet, more or less, to intersect a line drawn parallel with and distant 81 feet, more or less, northerly measured at right angles from the north side of said 40th Street; thence binding on said line so drawn Easterly 180 feet, more or less, to intersect a line drawn parallel to the first line mentioned herein; thence binding on last said line so drawn, Northerly 19 feet, more or less, to intersect a line drawn parallel with and distant 100 feet, more or less, northerly, measured at right angles to the north side of said 40th Street; thence binding on last said line so drawn, Easterly 81 feet, more or less, to intersect a line drawn at right angles to the north side of said 40th Street; thence binding reversely on the last said line so drawn, Southerly 100 feet, more or less, to intersect the north side of said 40th Street, and thence binding on the north side of said 40th Street, South 87°-04'-24" West 263 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(82) 2000, art. 6, §10-28 Ord. 86-851 Ord. 15-408

1124 Riverside Avenue, Lot 29/30, Block 24-5-1918. City Code, 1976/83, art. 1, §40(ff)(83) 2000, art. 6, §10-29 Ord. 86-851 Ord. 15-408

Provident Bank of Maryland, 240 N. Howard Street, Lot 26/27, Block 4-10-596. City Code, 1976/83, art. 1, §40(ff)(84) 2000, art. 6, §10-30 Ord. 86-851 Ord. 15-408

Southern Hotel, 7-11 Light Street, Lot 1, Block 4-11-649, measuring 92 by 148 feet, more or less. City Code, 1976/83, art. 1, §40(ff)(85) 2000, art. 6, §10-31 Ord. 86-851 Ord. 15-408

Macht Building, 11-13 E. Fayette Street, Lot 2, Block 4-11-635, measuring 25 by 113 feet, more or less. City Code, 1976/83, art. 1, §40(ff)(86) 2000, art. 6, §10-32 Ord. 86-851 Ord. 15-408

Old Federal Reserve Bank (now headquarters for Provident Bank of Maryland), 114-120 E. Lexington Street, Lot 8/12, Block 4-1-610, measuring 125 by 100 feet more or less. City Code, 1976/83, art. 1, §40(ff)(87) 2000, art. 6, §10-33 Ord. 86-851 Ord. 15-408

Chamber of Commerce Building, 17 Commerce Street, Lot 3, Block 4-11-1349, measuring 81.5 feet by 186 feet, more or less. City Code, 1976/83, art. 1, §40(ff)(88) 2000, art. 6, §10-34 Ord. 86-851 Ord. 15-408

Old St. Paul’s Cemetery, 733 W. Redwood Street, the property being further described as follows: Beginning for the same at the point formed by the intersection of the south side of Redwood Street, as now laid out 60 feet wide, and the east side of Martin Luther King Jr. Boulevard, as now laid out varying in width, and running thence binding on the south side of said Redwood Street, North 86°-38'-10" East 265 feet, more or less, to the east outline of the St. Paul’s Cemetery property known as No. 733 W. Redwood Street; thence binding on the east outline of said St. Paul’s Cemetery property, and on the east face of a stone wall, there situate, southerly 344 feet, more or less, to intersect the north side of Lombard Street, as now laid out 66 feet wide; thence binding on the north side of said Lombard Street, Westerly 306 feet, more or less, to intersect the northeast side of Martin Luther King Jr. Boulevard and thence binding on the northeast and east sides of said Martin Luther King Jr. Boulevard the three following courses and distances: namely, North 23°-01'-10" West 4 feet, more or less, and by a line curving to the right with a radius of 1081.92 feet the distance of 342.00 feet which arc is subtended by a chord bearing North 03°48'-44" East 340.58 feet and North 12°-52'-05" East 0.41 foot to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(89) 2000, art. 6, §10-35 Ord. 86-851 Ord. 15-408

Wooden houses, located at 612-614 S. Wolfe Street, Lots 7 and 8 in Block 2-8-1829, measuring 25 x 75 feet, more or less. City Code, 1976/83, art. 1, §40(ff)(90) 2000, art. 6, §10-36 Ord. 87-1157 Ord. 15-408

Pascault Row, 651-665 W. Lexington Street, Lot 10 in Block 4-7-614. City Code, 1976/83, art. 1, §40(ff)(91) 2000, art. 6, §10-37 Ord. 87-1157 Ord. 15-408

The Baltimore Museum of Art, 10 Art Museum Drive, Lot 1A in Block 12-2-3690. City Code, 1976/83, art. 1, §40(ff)(92) 2000, art. 6, §10-38 Ord. 87-1157 Ord. 15-408

Hutzler’s Tower Building, 222 N. Howard Street, Lot 28/32 in Block 4-10-596. City Code, 1976/83, art. 1, §40(ff)(93) 2000, art. 6, §10-39 Ord. 87-1157 Ord. 15-408

Johns Hopkins University, Gilman Hall, being further described as follows: The coordinates of the center point of the building known as Johns Hopkins University, Gilman Hall, being based upon the Baltimore Survey Control System are West 1674 feet and North 11452 feet and located on the campus of Johns Hopkins University. City Code, 1976/83, art. 1, §40(ff)(94) 2000, art. 6, §10-40 Ord. 87-1157 Ord. 15-408

The D’Alesandro House, 245 Albermarle Street, Lot 9 in Block 3-5-1413, measuring 17 x 50 feet. City Code, 1976/83, art. 1, §40(ff)(95) 2000, art. 6, §10-41 Ord. 87-1157 Ord. 15-408

St. Joseph’s Monastery, 3800 Frederick Avenue, the property being further described as follows: Beginning for the same at the point formed by the intersection of the north side of Frederick Avenue, 66 feet wide and the east side of Monastery Avenue, 50 feet wide, and running thence binding on the east side of said Monastery Avenue, North 02°-22'-30" West 516.28 feet to intersect the division line between No. 3800 Frederick Avenue and No. 3831 Old Frederick Road; thence binding on said division line and continuing on another division line, the two following courses and distances; namely, North 85°-42'-30" East 153.77 feet and North 04°-57'-30" West 241.06 feet to the south side of Old Frederick Road; thence binding on the south and southwest sides of said Old Frederick Road, the three following courses and distances; namely, South 79°-24'-21" East 304.25 feet, South 76°-06'-41" East 149.01 feet and South 71°-23'-05" East 455.32 feet to the west side of Morley Street, 66 feet wide; thence binding on the west side of said Morley Street, South 11°-25'-45" West 547.35 feet to the north side of said Frederick Avenue and thence binding on the north side of said Frederick Avenue, the four following courses and distances; namely, by a line curving to the left with a radius of 1433.00 feet the distance of 319.57 feet which arc is subtended by a chord bearing North 85°-05'-41" West 318.90 feet, South 88°-31'-00" West 191.40 feet, by a line curving to the left with a radius of 4033.00 feet the distance of 109.10 feet which arc is subtended by a chord bearing South 87°-44'-30" West 109.10 feet and South 86°-58'-00" West 260.00 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(96) 2000, art. 6, §11-1 Ord. 91-727 Ord. 15-408

Orchard Street Church, 510 Orchard Street. Beginning for the same at the point formed by the intersection of the northwest side of Orchard Street, as now laid out 60 feet wide, and the division line between the parcel of land known as Lot 1CR and the parcel of land adjoining on the northeast thereof known as Lot 1A, all as shown on a plat entitled "Amended Orchard-Biddle Neighborhood Development Program Final Subdivision Plan" and recorded among the plat records of Baltimore City in plat record R.H.B. No. 2514 on May 7, 1976, and running thence binding on the northwest side of said Orchard Street, South 43°-32'-30" West 96.01 feet to the division line between the parcel of land known as Lot 1BR and the parcel of land adjoining on the southwest thereof known as Lot 1A, all as shown on said final subdivision plan; thence binding on last said division line between said Lot 1BR and Lot 1A, North 43°-47'-30" West 64.00 feet to another division line between said Lot 1BR and Lot 1A; thence binding on last said division line between said Lot 1BR and Lot 1A and parallel with said Orchard Street North 43°-32'-30" East 12.33 feet to the division line between said Lot 1CR and said Lot 1A; thence binding on last said division line between said Lot 1CR and Lot 1A, North 43°-47''-30" West 61.10 feet; thence binding on another division line between said Lot 1CR and said Lot 1A and parallel with said Orchard Street, North 43°-32'-30" East 83.68 feet to the division line between said Lot 1CR and said Lot 1A mentioned firstly herein and thence binding on the division line between said Lot 1CR and said Lot 1A mentioned firstly herein, South 43°-47'-30" East 125.10 feet to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(97) 2000, art. 6, §11-2 Ord. 93-223 Ord. 15-408

Douglas Memorial Community Church, 1325 Madison Avenue, the property being further described as follows: Beginning for the same at the point formed by the intersection of the northeast side of Madison Avenue, 66 feet wide and the southeast side of Lafayette Avenue, 66 feet wide and running thence binding on the southeast side of said Lafayette Avenue, northeasterly 130 feet, more or less, to intersect the southwest side of Morris Street, 18 feet wide; thence binding on the southwest side of said Morris Street, southeasterly 105 feet, more or less, to the division line between the properties known as No. 1327 Madison Avenue and No. 1323 Madison Avenue; thence binding on the division line between said properties, southwesterly 130 feet, more or less, to intersect the northeast side of said Madison Avenue, and thence binding on the northeast side of said Madison Avenue, northwesterly 105 feet, more or less, to the place of beginning. City Code, 1976/83, art. 1, §40(ff)(98) 2000, art. 6, §11-3 Ord. 95-661 Ord. 15-408

Buena Vista, 1705 North Longwood Street, Lot 16 in Block 517. City Code, 1976/83, art. 1, §40(ff)(99) 2000, art. 6, §11-4 Ord. 98-256 Ord. 15-408

The George Howard House, 8 East Madison Street, Lot 37A in Block 2411. City Code, 1976/83, art. 1, §40(ff)(100) 2000, art. 6, §11-5 Ord. 98-257 Ord. 15-408

Charles Theater, 1711-1717 North Charles Street, Ward 12, Section 9, Block 408, Lot 6. City Code, 1976/83, art. 1, §40(ff)(101) 2000, art. 6, §11-6 Ord. 98-272 Ord. 15-408

St. Katherine of Alexandria Protestant Episcopal Church, 2001 Division Street, Ward 14, Section 6, Block 314, Lot 53. City Code, 1976/83, art. 1, §40(ff)(102) 2000, art. 6, §11-7 Ord. 98-349 Ord. 15-408

The Hecht Company Building, 118 North Howard Street. City Code, 1976/83, art. 1, §40(ff)(103) 2000, art. 6, §11-8 Ord. 99-394 Ord. 15-408

The Congress Hotel (Hotel Kernan), 306-312 West Franklin Street. City Code, 1976/83, art. 1, §40(ff)(104) 2000, art. 6, §11-9 Ord. 99-511 Ord. 15-408

The Carlton Street Arab Stables, 112 South Carlton Street. City Code, 1976/83, art. 1, §40(ff)(105) 2000, art. 6, §11-10 Ord. 99-580 Ord. 15-408

Friends Burial Ground, 2506 Harford Road. City Code, 1976/83, art. 1, §40(ff)(106) 2000, art. 6, §11-11 Ord. 99-581 Ord. 15-408

The Patterson Theater, 3136 Eastern Avenue. City Code, 1976/83, art. 1, §40(ff)(107) 2000, art. 6, §11-12 Ord. 99-582 Ord. 15-408

The Standard Oil Building, 501 St. Paul Place. City Code, 1976/83, art. 1, §40(ff)(108) 2000, art. 6, §11-13 Ord. 99-583 Ord. 15-408

Northern District Police Station, 3355 Keswick Road. City Code, 2000, art. 6, §12-1 Ord. 00-027 Ord. 15-408

Samuel Coleridge Taylor Elementary School #122, 501 West Preston Street. City Code, 2000, art. 6, §12-2 Ord. 00-028 Ord. 15-408

Grace Hampden Methodist Church, 1014 West 36<sup>th</sup> Street. City Code, 2000, art. 6, §12-3 Ord. 00-111 Ord. 15-408

DuVal/Hirschhorn House, 800 West Lake Avenue. City Code, 2000, art. 6, §12-4 Ord. 01-182 Ord. 15-408

Patricia Grace Thomas Inn/Sankofa CDC/Museum on the National Roadway, 5002 Frederick Avenue. City Code, 2000, art. 6, §12-5 Ord. 02-314 Ord. 15-408

New Life Missionary Baptist Church, 1801 North Bond Street. City Code, 2000, art. 6, §12-6 Ord. 02-429 Ord. 15-408

Cedarwood, 4604 North Charles Street. City Code, 2000, art. 6, §12-7 Ord. 03-525 Ord. 15-408

Masjid Al Haqq, 514 Islamic Way. City Code, 2000, art. 6, §12-8 Ord. 03-565 Ord. 15-408

Fire Engine Company No. 25, 2140 McCulloh Street. City Code, 2000, art. 6, §12-9 Ord. 03-566 Ord. 15-408

Arch Social Club, 2426 Pennsylvania Avenue. City Code, 2000, art. 6, §12-10 Ord. 03-567 Ord. 15-408

Douglass Place, 516-524 South Dallas Street. City Code, 2000, art. 6, §12-11 Ord. 03-568 Ord. 15-408

Weaver House, 4319 Arabia Avenue. City Code, 2000, art. 6, §12-12 Ord. 04-657 Ord. 15-408

Divine Mission Apostolic Church, 1 North Fulton Avenue. City Code, 2000, art. 6, §12-13 Ord. 04-658 Ord. 15-408

First English Lutheran Church, 3807 North Charles Street. City Code, 2000, art. 6, §12-14 Ord. 04-696 Ord. 15-408

Cherry Hill Elementary School #159, 801 Bridgeview Road. City Code, 2000, art. 6, §12-15 Ord. 04-699 Ord. 15-408

Schwing Motor Company Building, 3324 Keswick Road. City Code, 2000, art. 6, §12-16 Ord. 04-814 Ord. 15-408

The Mount, 3706 Nortonia Road. City Code, 2000, art. 6, §12-17 Ord. 06-217 Ord. 15-408

Saint Matthew United Church of Christ, 2320 Mayfield Avenue. City Code, 2000, art. 6, §12-18 Ord. 07-403 Ord. 15-408

Baltimore City College, 3320 The Alameda. City Code, 2000, art. 6, §12-19 Ord. 07-404 Ord. 15-408

Johnny Eck House, 622 North Milton Avenue. City Code, 2000, art. 6, §12-20 Ord. 07-501 Ord. 15-408

Christ Church United Church of Christ, 1308 Beason Street. City Code, 2000, art. 6, §12-21 Ord. 07-502 Ord. 15-408

Ruscombe Mansion, 4901 Greenspring Avenue - 4901 Springarden Drive. City Code, 2000, art. 6, §12-22 Ord. 07-503 Ord. 15-408

Union Baptist Church, 1219 Druid Hill Avenue. City Code, 2000, art. 6, §12-23 Ord. 07-534 Ord. 15-408

Dr. John E.T. Camper House, 639 North Carey Street. City Code, 2000, art. 6, §12-24 Ord. 07-576 Ord. 15-408

Senator Theatre, 5904 York Road. City Code, 2000, art. 6, §12-25 Ord. 07-586 Ord. 15-408

American Brewery, 1701 North Gay Street. City Code, 2000, art. 6, §12-26 Ord. 08-002 Ord. 15-408

W.E.B. Du Bois House, 2302 Montebello Terrace. City Code, 2000, art. 6, §12-27 Ord. 08-003 Ord. 15-408

Riverside Park, 301 East Randall Street. City Code, 2000, art. 6, §12-28 Ord. 08-004 Ord. 15-408

Roland Park Water Tower, 4210 Roland Avenue. City Code, 2000, art. 6, §12-29 Ord. 08-005 Ord. 15-408

Upton Mansion, 811 West Lanvale Street. City Code, 2000, art. 6, §12-30 Ord. 08-006 Ord. 15-408

Bolton Square, 1400 to 1420 Mason Street, 300 to 310 West Lafayette Avenue, 236 to 250 West Lafayette Avenue, and 1401 to 1421 Jordon Street. City Code, 2000, art. 6, §12-31 Ord. 08-037 Ord. 15-408

Castalia, 200 Tuscany Road. City Code, 2000, art. 6, §12-32 Ord. 08-056 Ord. 15-408

Mount Calvary Church, 816 North Eutaw Street. City Code, 2000, art. 6, §12-33 Ord. 09-112 Ord. 15-408

Saint Paul Community Baptist Church, 1901 East Federal Street. City Code, 2000, art. 6, §12-34 Ord. 09-115 Ord. 15-408

St. Mark’s Evangelical Lutheran Church, 1920 Saint Paul Street. City Code, 2000, art. 6, §12-35 Ord. 09-116 Ord. 15-408

Scottish Rite Temple, 3800 North Charles Street. City Code, 2000, art. 6, §12-36 Ord. 09-117 Ord. 15-408

Nazarene Baptist Church, 1201 Harford Avenue. City Code, 2000, art. 6, §12-37 Ord. 09-118 Ord. 15-408

St. Stanislaus Kostka Church, 700 block of South Ann Street. City Code, 2000, art. 6, §12-28 Ord. 09-119 Ord. 15-408

Raffel Building, 107 West Heath Street. City Code, 2000, art. 6, §12-39 Ord. 09-124 Ord. 15-408

Four Bay House, 1733 Aliceanna Street. City Code, 2000, art. 6, §12-40 Ord. 09-125 Ord. 15-408

Dr. Giering House, 3906 Parkside Drive. City Code, 2000, art. 6, §12-41 Ord. 09-126 Ord. 15-408

Melvin Cade Armory, 2620 Winchester Street. City Code, 2000, art. 6, §12-42 Ord. 09-127 Ord. 15-408

Harford Commons (William Fuld Company), 1508 Harford Avenue. City Code, 2000, art. 6, §12-43 Ord. 09-128 Ord. 15-408

President Street Station, 601 President Street/801 Fleet Street. City Code, 2000, art. 6, §12-44 Ord. 09-179 Ord. 15-408

Ann Wiggins Brown House, 1501 Presstman Street. City Code, 2000, art. 6, §12-45 Ord. 09-247 Ord. 15-408

Kresge Building, 117 West Lexington Street. City Code, 2000, art. 6, §12-46 Ord. 09-248 Ord. 15-408

Sellers Mansion, 801 North Arlington Avenue. City Code, 2000, art. 6, §12-47 Ord. 09-249 Ord. 15-408

Waverly Town Hall, 3100 Greenmount Avenue (Block 3881, Lot 10/12). City Code, 2000, art. 6, §13-1 Ord. 11-535 Ord. 15-408

Franklin-Delphey Hotel, 300 West Franklin Street. City Code, 2000, art. 6, §13-2 Ord. 11-541 Ord. 15-408

Grand Masonic Temple, 221-227 North Charles Street. City Code, 2000, art. 6, §13-3 Ord. 11-542 Ord. 15-408

Mayfair Theater, 506 North Howard Street. City Code, 2000, art. 6, §13-4 Ord. 11-543 Ord. 15-408

Hansa Haus, 11 South Charles Street. City Code, 2000, art. 6, §13-5 Ord. 11-544 Ord. 15-408

Grace Turnbull House, 223 Chancery Road. City Code, 2000, art. 6, §13-6 Ord. 11-545 Ord. 15-408

St. Peter the Apostle Church Complex, 13 South Poppleton Street, 11 South Poppleton Street, 848 Hollins Street, and 16 South Poppleton Street. City Code, 2000, art. 6, §13-7 Ord. 11-551 Ord. 15-408

Old Dunbar High School, 540 North Caroline Street. City Code, 2000, art. 6, §13-8 Ord. 12-006 Ord. 15-408

Shelley House, 3849 Roland Avenue. City Code, 2000, art. 6, §13-9 Ord. 12-056 Ord. 15-408

Abell Building, 329-335 West Baltimore Street. City Code, 2000, art. 6, §13-10 Ord. 12-074 Ord. 15-408

Appold-Faust Building, 307-309 West Baltimore Street. City Code, 2000, art. 6, §13-11 Ord. 12-075 Ord. 15-408

Baltimore Equitable Society Building, 21 North Eutaw Street. City Code, 2000, art. 6, §13-12 Ord. 12-076 Ord. 15-408

Equitable Building, 10-12 North Calvert Street. City Code, 2000, art. 6, §13-13 Ord. 12-077 Ord. 15-408

Old Town National Bank Building, 221 North Gay Street. City Code, 2000, art. 6, §13-14 Ord. 12-078 Ord. 15-408

St. Alphonsus Hall, 125 West Saratoga Street. City Code, 2000, art. 6, §13-15 Ord. 12-079 Ord. 15-408

Terminal Warehouse Building, 320 Guilford Avenue. City Code, 2000, art. 6, §13-16 Ord. 12-080 Ord. 15-408

Turnbull Building, 311-313 West Baltimore Street. City Code, 2000, art. 6, §13-17 Ord. 12-081 Ord. 15-408

Frederick Douglass High School #450, 2301 Gwynns Falls Parkway. City Code, 2000, art. 6, §13-18 Ord. 13-120 Ord. 15-408

Historic Frederick Douglass High School, 1645 North Calhoun Street. City Code, 2000, art. 6, §13-19 Ord. 13-122 Ord. 15-408

Florence Crittenton Home, 3110 Crittenton Place. City Code, 2000, art. 6, §13-20 Ord. 13-129 Ord. 15-408

Trinity A.M.E. Church, 2130 East Hoffman Street. City Code, 2000, art. 6, §13-21 Ord. 13-153 Ord. 15-408

Union Mill (Historic Druid Mill), 1500 Union Avenue. City Code, 2000, art. 6, §13-22 Ord. 13-168 Ord. 15-408

C.J. Youse Building, 235 North Holliday Street. City Code, 2000, art. 6, §13-23 Ord. 13-169 Ord. 15-408

Brinks Building, 231 North Holliday Street. City Code, 2000, art. 6, §13-24 Ord. 13-170 Ord. 15-408

Canton Methodist Episcopal Church, 1000 South Ellwood Street. City Code, 2000, art. 6, §13-25 Ord. 13-171 Ord. 15-408

Messiah English Lutheran Church, 1025 South Potomac Street. City Code, 2000, art. 6, §13-26 Ord. 13-172 Ord. 15-408

Parkway Theatre, 3 West North Avenue. City Code, 2000, art. 6, §13-27 Ord. 14-241 Ord. 15-408

Monumental Lodge No. 3, Improved Benevolent Protective Order of Elks of the World, 1528 Madison Avenue. City Code, 2000, art. 6, §13-28 Ord. 14-242 Ord. 15-408

Haven Street Factory, 101 North Haven Street. City Code, 2000, art. 6, §13-29 Ord. 14-243 Ord. 15-408

Public School No. 103, Henry Highland Garnet School, 1315 Division Street. City Code, 2000, art. 6, §13-30 Ord. 14-244 Ord. 15-408

Cross Keys Valve House, 5106 Falls Road. City Code, 2000, art. 6, §13-31 Ord. 14-245 Ord. 15-408

Enoch Pratt House, 201 West Monument Street. City Code, 2000, art. 6, §13-32 Ord. 14-247 Ord. 15-408

St. John’s in the Village, 3009-3009½ Greenmount Avenue and 3001 Old York Road. City Code, 2000, art. 6, §13-33 Ord. 14-289 Ord. 15-408

Rehoboth Church of God in Christ Jesus Apostolic, 700 Poplar Grove Street. City Code, 2000, art. 6, §13-34 Ord. 14-305 Ord. 15-408

The Olmsted Parkways comprise:the medians and sidewalks of the 2600-3200 blocks of the Alameda; the medians and sidewalks of the 0000-1800 blocks of 33<sup>rd</sup> Street; and the medians and sidewalks of the 1600-3900 blocks of the Gwynns Falls Parkway. In accordance with City Code <cite data-path="|6">Article 6</cite>, §§ <cite data-path="|6|§4-9">4-9</cite> and <cite data-path="|6|§4-11">4-11</cite>, a building permit is not required for any necessary repair or maintenance of or to these medians and sidewalks. The Commission for Historical and Architectural Preservation will:review all proposed changes to these medians and sidewalks, except those for necessary repair or maintenance; and consider traffic, safety, and engineering implications when reviewing these proposed changes. City Code, 2000, art. 6, §13-35 Ord. 15-334 Ord. 15-408

American Legion Federal Post # 19, 1502 Madison Avenue. Ord. 16-501

Apostolic Faith Church of God Building, 1939 Walbrook Avenue. Ord. 16-505

Ambassador Theatre, 4604 Liberty Heights Avenue. Ord. 16-506

St. Mark’s Institutional Baptist Church, 655 North Bentalou Street. Ord. 16-507

Eastern Avenue Pumping Station, 751 Eastern Avenue. Ord. 16-582

Dr. John Ruhrah Elementary Middle School (School #228), 701 Rappolla Street. Ord. 16-583

Patterson Park in its entirety and all of its existing structures, 100 South Linwood Avenue (Block 1740, Lot 001) and 201 South Linwood Avenue (Block 1740, Lot 002). Ord. 16-584

Greater Faith Baptist Church, 3000-3004 Huntingdon Avenue. Ord. 16-589

Harry O. Wilson House, 4423 Craddock Avenue and Block 5191, Lot 009. Ord. 17-040

Chuck Webb Memorial Recreation Center, 1401 East Monument Street, historically known as 623 North Eden Street. Ord. 17-069

Our Saviour Lutheran Church, 3301 The Alameda. Ord. 17-073

Hanlon Park in its entirety, 3051 Liberty Heights Avenue (Block 3099, Lot 001), 3001 North Hilton Street (Block 3099, Lot 002), and 2731 North Longwood Street (Block 3099, Lot 004). Ord. 19-258

Senator Theatre, 5904 York Road. City Code, 2000, art. 6, §13A-1 Ord. 11-465 Ord. 15-408

St. Mark’s Evangelical Lutheran Church, 1920 Saint Paul Street. City Code, 2000, art. 6, §13A-2 Ord. 12-082 Ord. 15-408

St. John’s in the Village, 3009-3009½ Greenmount Avenue and 3001 Old York Road. City Code, 2000, art. 6, §13A-3 Ord. 14-290 Ord. 15-408

City Hall Rotunda, 100 North Holliday Street. City Code, 2000, art. 6, §13A-4 Ord. 15-404 Ord. 15-408

Clifton School, 2670 Kennedy Avenue. Ord. 21-031

Harlem Theatre, 614 North Gilmor Street (Block 0110, Lot 008). Ord. 23-221

Baltimore City Engine Company 14 Firehouse, 1908 Hollins Street (Block 0207, Lot 005). Ord. 23-222

Canton Railroad Transfer Bridge, Improvement Only Parcel: Ward 01, Section 10, Block 1902-F, Lot 001. Ord. 23-223

3818 Roland Avenue (Block 3563A, Lot 039). Ord. 23-224

Reed Calloway House, 1316 North Carey Street {Block 0036A, Lot 010}. Ord. 23-225

Truck House No. 5 (Oliver Community Firehouse), 1220 East Oliver Street {Block 1123, Lot 017}. Ord. 23-236

Home of the Friendless, 1313 Druid Hill Avenue. Ordinance 24-293 (effective January 24, 2024) designated this new section to be “Section 18A-3”. That number, however, was already spoken for. Hence the placement here, with a different number.

The Bookbindery, 3110 Elm Avenue (Block 3504B, Lot 006). Ordinance 24-360 (effective October 16, 2024) designated this new section to be “Section 18A-8”. That number, however, was already spoken for. Hence the placement here, with a different number.

In this Division I, the following terms have the meanings indicated. Ord. 14-208

“Accessory structure” means a detached structure:that is usable solely for parking vehicles or limited storage; that is on the same parcel of property as the principal structure; that is no larger than 300 square feet and 1 story; and the use of which is incidental to the use of the principal structure. <em>See </em>“new construction”. “ASCE 24” means the most current of ASCE/SEI 24, “Flood Resistant Design and Construction” (American Society of Civil Engineers). “Base flood” means a flood that has a 1% chance of being equaled or exceeded in any given year. “Base-flood elevation” means the elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. In areas of shallow flooding, “base-flood elevation” means the highest natural elevation of the ground surface, prior to construction, that is adjacent to the proposed foundation of a structure; plus:the depth number specified in feet on the Flood Insurance Rate Map; or if the depth number is not specified, 4 feet. “Basement” means any area of the building, including any sunken room or sunken portion of a room, having its floor below ground level on all sides. “Coastal A Zone” means an area within a special flood hazard area, landward of a coastal high hazard area (V Zone) or landward of a shoreline without a mapped coastal high hazard area, in which the principal source(s) of flooding are astronomical tides and storm surges, and in which, during base flood conditions, the potential exists for breaking waves with heights greater than or equal to 1.5 feet. The inland limit of the Coastal A Zone may be delineated on FIRMs as the Limit of Moderate Wave Action (LiWMA). “Design flood”, as used in ASCE 24, is the greater of the following two flood events:area within a floodplain subject to a 1% or greater chance of flooding in any year as identified on the Flood Insurance Rate Map as a Special Flood Hazard Area; or area designated as a flood hazard area on a community’s flood hazard map or otherwise legally designated. “Design-flood elevation”, as used in ASCE 24 for application to the City, means the elevation of the design flood, including wave height, relative to the datum specified on the flood hazard map. “Development” means:any man-made change to improved or unimproved real estate; or the subdivision of land. “Development” includes any construction, reconstruction, modification, extension, or expansion of structures, placement of fill or concrete, construction of new or replacement infrastructure, temporary development, placement of manufactured homes or buildings, dumping, mining, dredging, grading, paving, drilling operations, storage of equipment, vehicles, materials, or products, land excavation, land clearing, land improvement, land fill operation, or any combination of these. <em>See </em>“floodproofing”. “Elevation Certificate” means a certification, in the form and containing the information required by the Federal Emergency Management Agency, of the elevations of a structure and its improvements. An Elevation Certificate may only be prepared and certified by a licensed land surveyor or professional engineer, using Mean Sea Level as established by the North American Vertical Datum of 1988 (“NAVD”). “Fair market value” means the price at which the improvement portion of the property will change hands between a willing buyer and a willing seller, neither of which is under compulsion to buy or sell and both of which have reasonable knowledge of relevant facts. For purpose of this Division I, the fair market value of a structure is determined by:a licensed real estate appraiser; or the most recent, fully phased-in assessed value of the structure, as determined by the Maryland Department of Assessments and Taxation. “FEMA” means the Federal Emergency Management Agency. <em>See</em> “Flood Insurance Rate Map”. <em>See </em>“Flood Insurance Study”. “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas from:the overflow of inland or tidal waters; or the unusual and rapid accumulation or runoff of surface waters from any source. <em>See also</em> “base flood” and “design flood”. <em>See </em>“base-flood elevation”, “design-flood elevation”, and “flood-protection elevation”. <em>See</em> “Regulated Flood Hazard Area” and “Special Flood Hazard Area”. “Flood Insurance Rate Map” or “FIRM” means an official map on which the Federal Emergency Management Agency has delineated special flood hazard areas to indicate the magnitude and nature of flood hazards, to designate applicable flood zones, and to delineate floodways, if applicable. FIRMs that have been prepared in digital format or converted to digital format are referred to as Digital FIRMs (DFIRM). “Flood Insurance Study” or “FIS” means the official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information, and water surface elevations. “Flood-protection elevation” is:the base flood elevation plus 2 feet of freeboard in the non-tidal floodplain; and the modeled elevation of the 0.2% chance of flood plus 2 feet of freeboard in the tidal floodplain as listed on the Flood Insurance Study (Table 4). “Floodplain” means any land area and watercourse susceptible to partial or complete inundation by water from any source, including::a relatively flat or low land area adjoining a river, stream, or watercourse that is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source; or an area subject to tidal surge or extreme tides. “Floodplain District” means the District, and its constituent subdistricts, established under Subtitle 2 {“Floodplain District”} of <cite data-path="|7">this article</cite>. City Code, 1976/83, art. 7, §3 2000, art. 7 §1-1(part) Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

“Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to buildings or structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, <em>{and} </em>structures and their contents, such that the buildings or structures are watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. For purposes of this Division I, the two methods of floodproofing are as follows:“Dry floodproofing”, which is a combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads, as specified in ASCE 24; and “Wet floodproofing”, which is the floodproofing method that, as specified in the following FEMA Technical Bulletins and on ASCE 24, relies on flood-damage-resistant materials and construction techniques in areas of a structure that are below the flood-protection elevation required by this standard by intentionally allowing those areas to flood :FEMA Technical Bulletin 2 {“Flood Damage-Resistant Material Requirements for Buildings Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program”}; and FEMA Technical Bulletin 7 {“Wet Floodproofing Requirements for Structures Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program”}. “Floodproofing Certificate” means the FEMA Form 086-0-34 that is to be completed, signed and sealed by a licensed professional engineer or licensed architect to certify that the design of floodproofing and proposed methods of construction are in accordance with the applicable requirements of <cite data-path="|7|§3-14">§ 3-14 of this article</cite>. A floodproofing certificate may only be prepared and certified by a licensed professional engineer or professional architect. “Flood Resilience Area” means the area described in <cite data-path="|7|§2-2|(g)">§ 2-2(g) {“Subdistricts: Flood Resilience Area”} of this article</cite>, and that:appears on the Flood Insurance Rate Map as Shaded Zone X; and includes all areas subject to the 0.2% annual chance flood. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved to pass the base-flood discharge so that the cumulative increase in the water surface elevation of the base-flood discharge is no more than a designated height. When shown on a FIRM, the floodway is referred to as the “designated floodway.” An area shown on a FIRM as a “designated floodway” is considered an area with “high velocity flow”, as that term is used in ASCE 24, § 1.2 {“Definitions”}. “Freeboard” is a factor of safety expressed in feet above the:height of the 0.2% annual chance of flood in the tidal floodplain; or base flood elevation in the non-tidal floodplain. The freeboard in Baltimore City is 2 feet. “Functionally dependent use” means, except as otherwise provided in this subsection, any of the following uses that cannot perform their intended purposes unless located or carried out in close proximity to water:docking facilities that are necessary for the loading and unloading of cargo or passengers; and ship building and ship repair facilities. “Functionally dependent use” does not include long-term storage or related manufacturing facilities. “Historic structure” means a structure that is:individually listed in the National Register of Historic Places or certified or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the Register; individually listed in the Maryland Register of Historic Properties; individually listed in the Baltimore City Landmark List; or certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of an historic district registered with the Secretary. “Limit of Moderate Wave Action (LiMWA)” means the inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than, those in the VE Zone. “Limited storage” means storage that is incidental to the primary use of the principal structure and consists of low-damage items that cannot be conveniently stored above the flood-protection elevation. “Lowest floor” means, except as otherwise provided in this subsection:the lowest floor of the lowest enclosed area (including basement) of a building or structure; the floor of an enclosure below the lowest floor is not the lowest floor provided the enclosure is constructed in accordance with these regulations; and the lowest floor of a manufactured home is the bottom of the lowest horizontal supporting member (longitudinal chassis frame beam). “Lowest floor” does not include any unfinished or flood-resistant enclosure that is usable solely for parking vehicles, building access, or limited storage, as long as the enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the Federal Emergency Management Agency, National Flood Insurance Program. “Manufactured home or building” means a structure, transportable in 1 or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes,“manufactured home or building” includes any park trailer, travel trailer, and other similar vehicle placed on a site for more than 180 consecutive days. Any structure that is used or intended for use for a mixture of nonresidential and residential uses in the same structure. Structures include additions and improvements and the placement of manufactured homes, for which the start of construction commenced on or after March 15, 1978, the initial effective date of the City of Baltimore Flood Insurance Rate Map, including any subsequent improvements, alterations, modifications, and additions to such structures.“New construction” does not include any structure for which the building permit was issued before March 15, 1978, and the actual start of construction was within 180 days of the permit date. As used in paragraph (1) of this subsection, “actual start of construction” means either:the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. As used in paragraph (2) of this subsection, “permanent construction” does not include:land preparation, such as clearing, grading, and filling; the installation of streets and walkways; excavation for basements, footings, piers, or foundations; the erection of temporary forms; or the installation on the property of accessory structures. “Nonconforming structure” means any lawfully existing structure that does not comply with the applicable floodplain regulations of the subdistrict in which it is located. “Nonresidential structure” includes the nonresidential portion of a mixed-use structure. “Planning Department” means the Baltimore City Department of Planning. “Planning Director” means the Director of the Baltimore City Department of Planning or the Director’s designee. “Regulated Flood Hazard Area” means:any Flood Resilience Area; and any Special Flood Hazard Area. “Residential structure” includes the residential portion of a mixed-use structure. “Special Flood Hazard Area” means the land in a floodplain subject to a 1% or greater chance of flooding in any given year. Special Flood Hazard Areas are designated by the Federal Emergency Management Agency in the Flood Insurance Study and on the Flood Insurance Rate Map as Zones A, AE, AH, AO, A1-30, and A99, and ZonesV1-30 and VE. “Structure” means any building or other structure, specifically, a walled and roofed building. “Structure” includes a gas or liquid storage tank that is principally above ground, as well as a manufactured home. “Subdivision” means the division or redivision by any means of a lot, tract, or parcel of land into 2 or more lots, tracts, parcels, or other divisions of land. “Subdivision” includes a change in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership, building, or lot development. “Substantial damage” means damage of any origin sustained by a structure where the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. The calculation of these costs must comply with FEMA P-758 {“Substantial Improvement / Substantial Damage Desk Reference”}. <em>See also </em>§ 1-2(x){“Definitions: Substantial improvement”} of this subtitle. “Substantial improvement” means, except as otherwise provided in this subsection, any combination of repairs, reconstruction, rehabilitation, additions, or other improvements to a structure made during the 6-year period immediately preceding a permit application, the aggregate cost of which, together with the cost of the work proposed by the latest permit application, equals or exceeds 50% of the fair market value of the structure before the improvement is started. The calculation of these costs must comply with FEMA P-758 {“Substantial Improvement / Substantial Damage Desk Reference”}. For purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. “Substantial improvement” includes improvements to a structure that has been substantially damaged, regardless of the actual repair work done. “Substantial improvement” does not include either:an improvement of a structure that is required by a condemnation or violation notice, order, or citation to secure safe living conditions in compliance with State or City health, sanitary, or safety code specifications; or an alteration of an historic structure if the alteration will preclude the structure’s continued designation as an historic structure as approved by the Executive Director of the Historic and Architectural Preservation. “Water & Science Administration” means the Water & Science Administration of the Maryland Department of the Environment. “Wetland” means any land that is:considered a “private wetland” or a “State wetland” under Title 9 {”Wetlands and Riparian Rights”} of the State Natural Resources Article; or defined as a “wetland” by the U.S. Fish and Wildlife Service Identification and Classification Procedures. <em>See </em>“floodproofing”. City Code, 1976/83, art. 7, §3 2000, art. 7 §1-1(part) Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 14-283 Ord. 16-503 Ord. 21-020

In interpreting and applying this Division I, the following rules of interpretation apply:those contained in Subtitles 2 and 3 of the City Code’s <cite data-path="|general">General Provisions Article</cite>; and any additional rules contained in this section. In their interpretation and application, the provisions of this Division I must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. If any condition imposed by a provision of this Division I is either more or less restrictive than a comparable condition imposed by any other provision of this Division or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. In their interpretation and application, the provisions of this Division I are to be:liberally construed in favor of proper flood hazard management and Baltimore City; and considered as neither repealing nor limiting any powers granted by State law. City Code, 1976/83, art. 7, §2 2000, art. 7, §1-3(a) Ord. 88-188 Ord. 14-208 Ord. 22-125

Certain areas of Baltimore City are subject to periodic inundation that results in loss of life and property, risks to health and safety, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief. Flood losses and associated losses are created by structures inappropriately located, inadequately elevated, or otherwise unprotected and vulnerable to floods or erosion or by development that increases flood or erosion damage to other lands or development. The biological values of floodplains, particularly tidal and non-tidal wetlands, can be adversely affected by floodplain development. Baltimore City has the responsibility under the Flood Hazard Management Act of 1976, Title 5, Subtitle 8 of the State Environment Article, to control floodplain development in order to protect persons and property from danger and destruction and to preserve the biological values and environmental quality of the watersheds or the portions of watersheds under its jurisdiction. Baltimore City has the responsibility under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 to adopt and enforce floodplain management regulations that, at a minimum, meet the requirements of 44 Code of Federal Regulations Parts 55-77 et seq., in order to participate in the National Flood Insurance Program and remain eligible for federally subsidized flood insurance, federal disaster relief, and Federal and State financial assistance. Baltimore City contains densely developed tidal shorelines that are and will continue to be in high demand. The science behind climate change acknowledges that sea-level rise and coastal flooding will impact current and future development along the shoreline. Floodplain regulations are meant to protect people and property while making the City more resilient to the impacts from natural disasters and climate change. It is, therefore, the intent of the Mayor and City Council by this Division I:to protect human life and health; to minimize public and private property damage; to encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; to protect individuals from unwittingly buying lands and structures that are unsuited for intended purposes because of the flood hazards; to protect water supply, sanitary sewage disposal, and natural drainage; to reduce financial burdens imposed on the community, its governmental units, and its residents by preventing the unwise design and construction of development in areas subject to flooding; to provide for public awareness of the flooding potential; and to provide for the biological and environmental quality of the watersheds or the portions of watershed located in Baltimore City. This Division I provides a unified comprehensive approach to floodplain management that addresses the requirements of the following Federal and State programs concerned with floodplain management:the National Flood Insurance Program and the President’s Executive Order 11988 of May 27, 1977, on floodplain management; the State Waterway Construction Permit Program; the State Wetlands Permit Program; the U.S. Army Corps of Engineers’ Section 10 and Section 404 Permit Programs; and the State Coastal Zone Management Program. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur, and flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside of the special flood hazard areas or uses that are permitted within those areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the City of Baltimore, any of its officers or employees, the Maryland Department of the Environment (MDE), or the Federal Emergency Management Agency (FEMA) for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. City Code, 1976/83, art. 7, §2 2000, art. 7, §1-2 Ord. 88-188 Ord. 14-208 Ord. 21-020

This Division I may be cited as the “Baltimore City Floodplain Management Code”. City Code, 1976/83, art. 7, §1 2000, art. 7, §1-4 Ord. 88-188 Ord. 14-208

The City must establish a Floodplain District and an official floodplain map to include all areas subject to inundation by floodwaters. The bases of this delineation must be, at a minimum, the data contained in the most recent Flood Insurance Study for Baltimore City, and illustrated in the Flood Insurance Rate Map. The Flood Insurance Rate Map illustrates both the most recently adopted Special Flood Hazard Areas and the Flood Resilience Area. The base-flood elevation, as determined in the Flood Insurance Study, is graphically delineated on the official floodplain map. Where field-surveyed topography or digital topography indicates that ground elevations are above the base-flood elevation in a Special Flood Hazard Area, then the area is considered in the Special Flood Hazard Area until FEMA issues a Letter of Map Change. Where field-surveyed topography or digital topography indicates that ground elevations are below the closest applicable flood-protection elevation, even in areas not delineated on the FIRM as a Regulated Flood Hazard Area, the area is considered to be a Regulated Flood Hazard Area. The Floodplain District is an overlay on any zoning district, as provided in the Zoning Code of Baltimore City. City Code, 1976/83, art. 7, §4(a) 2000, art. 7, §2-1 Ord. 88-188 Ord. 92-134 Ord. 99-547 Ord. 11-516 Ord. 14-208 Ord. 14-307 Ord. 21-020

The Floodplain District comprises the subdistricts set forth in this section. In all floodplain districts, the flood-protection elevation is calculated as follows:In the tidal floodplain areas, it is the height and geographic extent of the 0.2% annual chance flood in the tidal area plus freeboard. In the non-tidal floodplain areas, it is the extent of the 0.2% annual chance flood, and the height of the 1% annual chance flood plus freeboard. The Floodway is that part of the Floodplain District that is reserved to convey a base-flood discharge so that the cumulative increase in the water surface elevation of the base-flood discharge is no more than the height designated by FEMA in the Flood Insurance Study. The Floodway Fringe comprises those lands within the Floodplain District that:are subject to inundation by a base flood; and lie beyond the Floodway (where a floodway has been determined), or in areas where detailed study data, profiles, and base-flood elevations have been established. The Floodway Fringe appears on the Flood Insurance Rate Map as Zone AE. The Approximated Floodplain comprises those lands within the Floodplain District that:are subject to inundation by a base flood; and lie in:areas for which a detailed study has not been performed, but a base floodplain boundary has been approximated; or areas that are subject to shallow flooding. A base-flood elevation must be established after consideration of any flood elevation and floodway data available from Federal, State, or other sources. The Approximated Floodplain appears on the Flood Insurance Rate Map as Zones A and AO. The Coastal Floodplain, also referred to as tidal floodplain, comprises those lands within the Floodplain District that:due to high tides, hurricanes, tropical storms, and steady onshore winds, are subject to coastal or tidal inundation by a base flood; and lie in areas where detailed study data are available. The Coastal Floodplain appears on the Flood Insurance Rate Map as Zones A and AE, and includes areas encompassed by transects delineated by FEMA in the Flood Insurance Study. (In Zone AE, a designation on the FIRM indicating “Limit of Moderate Wave Action” refers to the landward limit of waves of 1.5 feet or more in height.) The Coastal High Hazard Area is the area within a special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area that is subject to high velocity wave action from storms or seismic sources. This area is designated on FIRMs as velocity zones V, VO, VE, or V1-30, and includes areas encompassed by transects delineated by FEMA in the Flood Insurance Study. The Coastal High Hazard Area appears on the Flood Insurance Rate Map as Zones V and VE. <em>See </em><cite data-path="|7|§1-3|(c)">§ 1-3(c) {“Definitions: Flood Resilience Area”} of this Division I</cite>. City Code, 1976/83, art. 7, §4(b) 2000, art. 7, §2-2 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 14-283 Ord. 21-020

The official floodplain map is the most current Flood Insurance Rate Map, as prepared by the Federal Emergency Management Agency. The official floodplain map:must be maintained by the Planning Department; and is incorporated by reference as part of this Division I. The minimum bases for establishing Regulated Flood Hazard Areas and their respective flood elevations are as follows:the most recent revision of the Flood Insurance Study for the City of Baltimore, dated June 16, 2021; the accompanying Flood Insurance Rate Map; and all subsequent amendments and revisions to the FIRM. City Code, 1976/83, art. 7, §4(c) 2000, art. §2-3 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

Regulated Flood Hazard Areas in the nontidal floodplain are designated on the FIRM as “Special Flood Hazard Areas”. The flood elevations for these areas correspond to the base-flood elevations specified in the Flood Insurance Study. Regulated Flood Hazard Areas in the tidal floodplain are designated on the FIRM as Zones AE, V, VE, and X. The flood elevations for Zones V and VE are as shown in the Flood Insurance Study’s Table 4 {“Transect Data”}, under the column heading “Zone Designation and BFE”. The flood elevations for Shaded Zone X (“areas of 0.2% annual chance flood”) and for Zones A and AE are those shown in the Flood Insurance Study’s Table 4 {“Transect Data”}, under the column heading “0.2% Annual Chance”. To establish flood elevations for Regulated Flood Hazard Areas that do not have these elevations shown on the Flood Insurance Rate Map or in the Flood Insurance Study, the Floodplain Manager may:provide the best available data for flood elevations; require the applicant to obtain available information from Federal, State, or other sources; or require the applicant to establish Regulated Flood Hazard Areas and design-flood elevations as set forth in <cite data-path="|7|§2-5">§ 2-5 {“Changes to District”} of this subtitle</cite>. City Code, 1976/83, art. 7, §4(c)(part) 2000, art. 7, §2-3(a)(part) Ord. 14-208 Ord. 21-020

The delineation of the Floodplain District and its subdistricts may be revised, amended, or modified by the City, in compliance with the requirements of the National Flood Insurance Program and the Maryland Department of the Environment, if:there are changes through natural or other causes to flood elevations and boundaries; or changes are indicated by detailed hydrologic and hydraulic information and studies. As soon as practicable, but not later than 6 months after changes become known, the Planning Department must notify the Federal Insurance Administrator of the changes by submitting technical and scientific data in accordance with 44 Code of Federal Regulations, Part 65. All changes are subject to the review and approval of the Federal Emergency Management Agency and the Maryland Department of the Environment. City Code, 1976/83, art. 7, §4(d) 2000, art. 7, §2-4 Ord. 88-188 Ord. 11-516 Ord. 14-208

If development is proposed in the vicinity of an unmapped stream that has no delineated base floodplain, a minimum of a 25-foot flood protection setback from the stream’s bank may be used. State permits may be required. Applicants should request the State Water & Science Administration for a determination of whether its permit requirements apply. Variances may be applied for under Subtitle 5 {“Floodplain Variances”} of this Division I. City Code, 1976/83, art. 7, §4(f) 2000, art. 7, §2-6 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

The Planning Department is responsible to ensure compliance with the National Flood Insurance Program. The Planning Director is responsible for appointing staff to carry out the duties of the Floodplain Manager. The Floodplain Manager is responsible for:overseeing and implementing the City’s floodplain program; responding to all requests and inquiries by the Administrator of the National Flood Insurance Program; reviewing applications to determine whether the proposed uses and other activities will be reasonably safe from flooding; reviewing elevation certificates and requiring incomplete or deficient certificates to be corrected; and keeping all files required by the National Flood Insurance Program. City Code, 2000, art. 7 §2-7 Ord. 11-516 Ord. 14-208

In order to prevent excessive damage to structures, all new construction and substantial improvements to existing structures in the Floodplain District must comply with:the regulations and restrictions of this subtitle; and except as otherwise provided in this Division I, the design and construction standards of:ASCE 24 {“Flood Resistant Design and Construction”}; and ASCE 7 {“Minimum Design Loads for Buildings and Other Structures”}, Chapter 5 {“Flood Loads”}. Where flood elevation data are used, the applicant must provide to the Planning Department:floodproofing elevations for all new construction and all substantial improvements to an existing structure; and corresponding elevation certificates. If a proposed structure or substantial improvement is sited in 2 different subdistricts or in a subdistrict with 2 different flood elevations, the most restrictive regulation or higher flood elevation prevails. For the purpose of applying appropriate requirements, structures are classified according to ASCE 24, Table 1-1 {“Classification of Structures for flood Resistant Design and Construction”}. City Code, 1976/83, art. 7, §5(intro) 2000, art. §3-1 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

In the entire Floodplain District, the following regulations and restrictions apply. City Code, 1976/83, art. 7, §5(a)(intro) 2000, art. 7, §3-2 Ord. 88-188 Ord. 14-208

The approval of any development must conform with the requirements of the permit programs of:the State Water & Science Administration; and all other applicable Federal, State, and City agencies. Building, Fire, and Related Codes. The approval of any development must conform with all applicable requirements of the <cite data-path="|building-codes">Baltimore City Building, Fire, and Related Codes Article</cite>. Where flood control and watershed management plans exist, all development must be consistent with those plans. City Code, 1976/83, art. 7, §5(a)(1), (2) 2000, art. 7, §3-3 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

Every new or substantially improved residential structure, including a manufactured home, must have its lowest floor elevated to at least the flood-protection elevation. The elevation of the lowest floor and the lowest elevation of machinery serving the structure must be certified on an elevation certificate after the lowest floor and machinery are in place. Every new or substantially improved residential structure must meet the requirements of <cite data-path="|7|§3-14">§ 3-14 {“Enclosures below lowest floor or flood-protection elevation”} of this subtitle</cite>. Every proposed structure must be placed on the lot so as to avoid location in the floodplain as much as possible. Basements are not permitted in new structures and substantial improvement of existing structures (including repair of substantial damage). Enclosures below the flood-protection elevation shall be:used solely for parking of vehicles, limited storage and building access; constructed using flood damage-resistant materials; and provided with flood openings that meet the criteria listed under <cite data-path="|7|§1-3|(a)">§ 1-3(a) {“Definitions: Floodproofing”} of this Division I</cite>. Any horizontal expansion that increases the footprint and that is less than substantial must also have the lowest floor elevated to at least the flood-protection elevation. City Code, 1976/83, art. 7, §5(a)(3) 2000, art. 7, §3-4 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

Every new or substantially improved nonresidential structure must be either:elevated to at least the flood-protection elevation; or dry or wet floodproofed. Basements are prohibited for any new nonresidential structure in the tidal and nontidal floodplains. Every new or substantially improved nonresidential structure must meet the requirements of <cite data-path="|7|§3-14">§ 3-14 {“Enclosures below lowest floor or flood-protection elevation”} of this subtitle</cite>. The elevation of the lowest floor of the improvement must be certified on an elevation certificate after the lowest floor is in place. In mixed-use structures, areas below the flood-protection elevation may not be used for residential use even if the area is floodproofed. Floodproofing designs for existing structures must ensure that areas below the flood- protection elevation are watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, as described in <cite data-path="|7|§1-3|(a)">§ 1-3(a) {“Definitions: Floodproofing”} of this Division I</cite>. If the floodproofing option is chosen, a floodproofing certificate must be completed by a licensed professional engineer or professional architect who has reviewed the design and specifications and certifies that the nonresidential structure will meet this standard. A Use and Occupancy permit cannot be approved until the floodproofing certificate is submitted. In tidal and nontidal floodplains, any horizontal expansion that increases the footprint and that is less than substantial must also have the lowest floor elevated to at least the flood-protection elevation. City Code, 1976/83, art. 7, §5(a)(3-a) 2000, art. 7, §3-5 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

If the construction, reconstruction, or modification of any structure constitutes less than a substantial improvement:the installation of any electric, plumbing, or mechanical systems must comply with <cite data-path="|7|§3-10">§ 3-10 {“Electric, plumbing, and mechanical systems”} of this subtitle</cite>; and those parts of the improvement below the flood-protection elevation must:be floodproofed; and otherwise comply with the design and construction standards of ASCE 24. Routine maintenance, repairs, and the in-kind replacement of mechanical, electrical, and plumbing systems are exempt from the requirements of this section. For in-kind replacement, the systems must be elevated to the maximum extent possible to avoid or minimize flood damage. City Code, 1976/83, art. 7, §5(a)(4) 2000, art. 7, §3-6 Ord. 88-188 Ord. 11-516 Ord. 14-208

All development must be undertaken in a manner that minimizes adverse impacts on aquatic and terrestrial habitat and their related flora and fauna. City Code, 1976/83, art. 7, §5(a)(6) 2000, art. 7, §3-7 Ord. 88-188 Ord. 14-208

All construction and improvements must be:designed, constructed, connected, and anchored to prevent flotation, collapse, or lateral movement of the structure, in accordance with the standards for new construction and substantial improvements specified in ASCE 24, § 1.5.1 {“General”}; constructed and placed on the lot so as to offer the minimum obstruction to the flow and height of floodwaters; constructed with material and utility equipment resistant to flood damage; and constructed by methods and practices that minimize flood damage. Unless the structure is dry floodproofed to the flood-protection elevation, materials used below that elevation must be resistant to floodwater damage, as specified in:FEMA Technical Bulletin 2, “Flood Damage-Resistant Materials Requirements for Buildings Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program”; and ASCE 24, § 5.0 {“Materials”}. Tanks must be designed and installed as specified in ASCE 24, § 7.4.1 {“Tanks”}. For installation in any structure located in any floodplain subdistrict, elevators must be designed and installed:as specified in ASCE 24, § 7.5 {“Elevators”}; and as specified in FEMA Technical Bulletin 4: Technical Bulletin 4, Elevators in Buildings Located in Special Flood Hazard Areas. City Code, 1976/83, art. 7, §5(a)(7) 2000, art. 7, §3-8 Ord. 88-188 Ord. 14-208 Ord. 21-020

Adequate ground cover must be provided for soil stabilization within the Floodplain District. Land contours must be designed and plant material chosen to direct surface runoff away from structures and not increase surface runoff onto neighboring properties. City Code, 1976/83, art. 7, §5(a)(8) 2000, art. 7, §3-9 Ord. 88-188 Ord. 14-208

Except as otherwise provided in subsection (b) of this section, electric, plumbing, and mechanical systems and their attendant components and equipment, including heaters, furnaces, generators, heat pumps, air conditioners, distribution panels, toilets, showers, sinks, duct work, and other permanent electrical, plumbing, or mechanical installations, are only permitted at or above the flood-protection elevation. Subsection (a) of this section does not apply to a system that is designed and installed, in accordance with ASCE 24, to prevent water from entering or accumulating within its components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the flood-protection elevation. In addition, electrical wiring systems for 1- and 2-family dwellings must conform to the requirements of the Baltimore City <cite data-path="|building-codes|X">Residential Code</cite> for One- and Two-Family Dwellings, Part VIII {“Electrical”}, for wet locations. Subsection (a) of this section does not apply to routine maintenance, repairs, and the in-kind replacement of mechanical, electrical and plumbing systems in less than substantial improvement projects. City Code, 1976/83, art. 7, §5(a)(9), (10) 2000, art. 7, §3-10 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

Materials and products that are buoyant, flammable, or explosive, or that in times of flooding could be injurious to human, animal, or plant life may not be stored below the flood-protection elevation. City Code, 1976/83, art. 7, §5(a)(11) 2000, art. 7, §3-11 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

In the Coastal High Hazard Area:fill is prohibited for structural support; but placement of nonstructural fill is allowed to the extent provided in this section and in ASCE 24, § 4.5.4 {“Use of Fill”}. In the Coastal Floodplain:fill material must meet the requirements of this section; and structural fill must comply with all applicable provisions of ASCE 24. The placement of more than 600 cubic yards of fill per acre in the floodplain is prohibited except by variance. Elevating a structure by other methods must be considered unless 600 cubic yards or less of fill are required. An applicant must demonstrate that:fill is the only alternative to raising the structure to at least the flood- protection elevation; and the amount of fill used will not affect the flood storage capacity or increase flooding onto neighboring properties. Fill may be used only to the extent to which it does not adversely affect adjacent properties. Fill may consist of soil or rock materials only. Landfills, dumps, and sanitary soil fills are not permitted. Fill material must be compacted in accordance with the standard proctor test method issued by the American Society for Testing and Materials (ASTM Standard D-698) to provide the necessary stability and resistance to erosion, scouring, or settling. Fill slopes may be no steeper than 1 vertical to 2 horizontal, unless substantiating data justifying steeper slopes are submitted to and approved by the Department of Public Works. If structures on adjacent properties are known or determined to be subject to flooding under current conditions, the Floodplain Manager may require submission of hydrologic and hydraulic analyses to adequately demonstrate the effects of the proposed fill. A hydrologic and hydraulic analysis requirement does not apply to projects located in the Coastal Floodplain or tidal portion of the Flood Resilience Area. City Code, 1976/83, art. 7, §5(a)(12) 2000, art. 7, §3-12 Ord. 88-188 Ord. 92-134 Ord. 14-208 Ord. 21-020

Accessory structures shall be limited to no more than 300 square feet in total floor area. Accessory structures:shall comply with the elevation requirements and other requirements of <cite data-path="|7|§3-14">§ 3-14 {“Enclosures below the first floor or flood-protection elevation”} of this subtitle</cite>; or shall:be useable only for parking of vehicles or limited storage; be constructed with flood damage-resistant materials below the flood-protection elevation; be constructed and placed to offer the minimum resistance to the flow of floodwaters; be anchored to prevent flotation; have electrical service and mechanical equipment elevated to or above the flood-protection elevation; and have flood openings that meet the criteria described in <cite data-path="|7|§1-3|(a)">§ 1-3(a) {“Definitions: Floodproofing”} of this Division I</cite>. City Code, 1976/83, art. 7, §5(a)(14) 2000, art. 7, §3-13 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

New construction and substantial improvements of fully enclosed areas below the lowest floor or below the flood-protection elevation:are limited to floodproofed areas usable solely for parking vehicles, limited storage, and building access, as specified in §§ 1-3(a) {“Definitions: Floodproofing”}, § 3-4 {“Residential structures”}, and 3-5 {“Non-residential and mixed-used structures”} of this Division I; or must be designed to meet or exceed the minimum criteria described in <cite data-path="|7|§1-3|(a)">§ 1-3(a) {“Definitions: Floodproofing”} of this Division I</cite> for dry floodproofing and wet floodproofing. The State may have different, more stringent requirements set forth in <cite data-doc="Code of Maryland Regulations" data-path="|26.17.03">COMAR 26.17.03</cite> {“Construction on Nontidal Waters and Floodplains”}. City Code, 1976/83, art. 7, §5(a)(14) 2000, art. 7, §3-14 Ord. 88-188 Ord. 92-134 Ord. 04-672 Ord. 11-516 Ord. 14-208 Ord. 21-020

For any proposed development that involves alteration of a watercourse, unless waived by MDE, the applicant shall develop hydrologic and hydraulic engineering analyses and technical data reflecting such changes, and submit such technical data to the Floodplain Administrator and to FEMA. The analyses shall be prepared by a licensed professional engineer in a format required by MDE and by FEMA for a Conditional Letter of Map Revision and a Letter of Map Revision upon completion of the project. Submittal requirements and fees shall be the responsibility of the applicant. Alteration of a watercourse may be permitted only upon submission, by the applicant, of the following:a description of the extent to which the watercourse will be altered or relocated; a certification by a licensed professional engineer that the flood-carrying capacity of the watercourse will not be diminished; evidence that adjacent communities, the U.S. Army Corps of Engineers, and MDE have been notified of the proposal, and evidence that the notifications have been submitted to FEMA; and evidence that the applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of the watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the applicant to enter into an agreement with the Mayor and City Council specifying the maintenance responsibilities. If an agreement is required, the permit shall be conditioned to require that the agreement be recorded on the deed of the property which shall be binding on future owners. City Code, 1976/83, art. 7, §5(a)(15-a) 2000, art. 7, §3-15 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

A minimum 25-foot flood protection setback must be maintained from the edge of the banks of any watercourse delineated on the floodplain map or FIRM as having a floodplain. To prevent erosion, natural vegetation must be maintained in this area. Where natural vegetation does not exist along the water course and conditions for replanting are suitable, high priority must be given to planting trees in the setback area to stabilize banks and to enhance aquatic resources. A minimum 25-foot flood-protection setback must be maintained from the top of the bank of any stream that has no designated floodplain. Natural vegetation must be maintained and, if needed, trees planted. City Code, 1976/83, art. 7, §5(a)(15-b) 2000, art. 7, §3-16 Ord. 92-134 Ord. 14-208 Ord. 21-020

In the entire Floodplain District, the design, placement, and construction of all public and private utilities and facilities must meet:the requirements of this section; and all applicable requirements of ASCE 24. New or replacement water supply systems, on-site disposal systems, or sanitary sewage systems must be designed and floodproofed:to eliminate or minimize infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and to avoid impairment during flooding and minimize flood damage. All gas, electrical, and other facility and utility systems must be located, constructed, and floodproofed to eliminate or minimize flood damage. All pipes connected to sewage systems must be sealed to prevent leakage. Cesspools and seepage pits are prohibited. Septic tanks are permitted if they are securely anchored to resist buoyant forces during inundation. All new storm drainage facilities within or leading to or from the Floodplain District must be adequately designed, floodproofed, and installed to:eliminate or minimize property damage resulting from the floodwaters of a base flood; and minimize adverse environmental impacts of their installation and use. City Code, 1976/83, art. 7, §5(a)(16) 2000, art. 7, §3-17 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208

New development is not permitted within a nontidal AE Zone that is without a designated floodway, unless it is demonstrated that the cumulative effect of all past and projected development will not increase the base-flood elevation by more than 1 foot. City Code, 2000, art. 7, §3-19 Ord. 11-516 Ord. 14-208

In this section, “recreational vehicle” means a vehicle that is:built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; designed to be self-propelled or to be permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. All recreational vehicles in the Floodplain District must be:elevated and anchored as required by applicable State and Federal laws; or fully licensed and highway ready. City Code, 2000, art. 7, §3-20 Ord. 11-516 Ord. 14-208

In this section, “temporary structure” a structure erected, installed, and used for a period not to exceed 180 days. In addition to the requirements of <cite data-path="|7|§4-2">§ 4-2 {“Development Permits: Applications”} of this Division I</cite>, an application for the placement or erection of a temporary structure or for the temporary storage of any goods, materials, or equipment must specify the duration of the temporary use. The temporary structure:must be designed and constructed to prevent flotation, collapse, or lateral movement resulting from hydrodynamic loads and hydrostatic loads during conditions of a base flood; must have electric service installed in compliance with the Baltimore City <cite data-path="|building-codes|III">electric code</cite>; must comply with all other requirements of the applicable State and City permit authorities; and if in a Floodway, all necessary Federal and State permits must be obtained. Storage in a temporary structure may not include any hazardous materials. Ord. 14-208 Ord. 21-020

This section applies to any property owner requesting mapping changes. A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. A Letter of Map Amendment is an amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property or structure is not located in a special flood hazard area. A Letter of Map Revision is a revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. A Conditional Letter of Map Revision is a formal review and comment as to whether a proposed flood protection project or other project comply with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A Conditional Letter of Map Revision Based on Fill (CLOMR-F) is a determination that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; on submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA, to revise the effective FIRM. If a proposed development is contingent upon a map change, no permits will be issued for the development until the Letter of Map Revision (LOMR) has been issued by FEMA. The proposed development must be compliant with all pertinent requirements of Division I of <cite data-path="|7">Article 7</cite>. Ord. 21-020

In the Floodway, the following regulations and restrictions apply. City Code, 1976/83, art. 7, §5(b)(intro) 2000, art. 7, §3-21 Ord. 88-188 Ord. 14-208

New construction of private principal structures, whether residential, commercial, or industrial, is prohibited. City Code, 1976/83, art. 7, §5(b)(1) 2000, art. 7, §3-22 Ord. 88-188 Ord. 92-134 Ord. 14-208 Ord. 14-307

Public infrastructure and environmental projects taking place on public land that aim to improve drainage and water quality are permitted in the floodway if: the development complies with all otherwise applicable requirements of this Division I; the effect of that development on flood heights is fully offset by accompanying stream modification; and the development is approved by all appropriate local authorities, the State Water & Science Administration, and the U.S. Army Corps of Engineers. City Code, 1976/83, art. 7, §5(b)(2) 2000, art. 7, §3-23 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

Any proposal to offset the effect of development in the Floodway by construction of stream modifications must be documented by an engineering report, prepared by a licensed professional engineer, that fully evaluates the effects of the construction and is submitted with the application for a building permit. As the basis of analysis, the report must use the base flood and floodway data prepared by the Federal Emergency Management Agency. City Code, 1976/83, art. 7, §5(b)(3)(1st and 2nd sens.) 2000, art. 7, §3-24 Ord. 88-188 Ord. 11-516 Ord. 14-208

Any development in the floodway that proposes to increase the water surface elevation or change the delineation of the floodway requires a Conditional Letter of Map Revision and a Letter of Map Revision as described in <cite data-path="|7|§3-21">§ 3-21 {“Letter of map change”} of this subtitle</cite>. City Code, 1976/83, art. 7, §5(b)(3)(2nd par.) 2000, art. 7, §3-26 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 21-020

Before a permit may be issued for any allowed development in the Floodway, the applicant must prepare and submit to the Planning Department an alternative analysis in accordance with this section. The alternative analysis must demonstrate that:no reasonable alternative exists outside of the Floodway; the encroachment in the Floodway is the minimum necessary; the development will withstand a base flood without significant damage; and on the basis of hydrologic and hydraulic analyses, prepared by a licensed professional engineer in accordance with the requirements of the Federal Emergency Management Agency and the Maryland Department of the Environment, the development:will not result in any increase in the base-flood elevation; and will neither increase downstream or upstream flooding or erosion nor significantly contribute to debris. City Code, 1976/83, art. 7, §5(b)(3)(3rd par.) and (3-a) 2000, art. 7, §3-27 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208

An existing structure in the Floodway may be substantially improved only:by variance; if the structure can be brought into conformance with this Division I without increasing its existing footprint; and if all residential uses of the structure are provided egress outside of the base flood. Substantial improvement of a nonconforming structure, regardless of location, may only be undertaken in compliance with this Division I and any other applicable law. In the event of substantial damage or proposed replacement, the applicant must submit an alternative analysis to determine if the structure can be relocated to a less hazardous site. Where replacement structures cannot be relocated, they must be limited to the footprint of the previous structure. Any replacement structure must meet all applicable requirements of this Division I. The modification, alteration, repair, reconstruction, or improvement of any nonconforming structure amounting to less than a substantial improvement must be elevated or floodproofed to the greatest extent possible. Uses or their adjuncts that are or become nuisances may not be permitted to continue. City Code, 1976/83, art. 7, §5(b)(4) 2000, art. 7, §3-28 Ord. 88-188 Ord. 92-134 Ord. 14-208 This section, along with the rest of this Division I, was amended by Ordinance 14-208. Initially, however, the specific changes to this section were inadvertently omitted from the section’s codification here. The following text has since been corrected to incorporate all changes made by Ord. 14-208.

The placement of any manufactured homes or buildings is prohibited. The following may not be placed or caused to be placed in the Floodway:fences, except 2-rail or single-cable fences; and any enclosures or materials (including fill) that:might impede, retard, or change the direction of the flow of water; will catch or collect debris carried by water; or is placed where the natural flow of stream or floodwaters would carry enclosures or materials downstream to the damage or detriment of public or private property in or adjacent to the floodplain. City Code, 1976/83, art. 7, §5(b)(5), (6) 2000, art. 7, §3-29 Ord. 88-188 Ord. 14-208

In the Approximated Floodplain (Zones A and AO), the following additional regulations apply. In the enforcement of this Division I, the Planning Department must obtain, review, and reasonably use any base-flood elevation and floodway data available from Federal, State, or other sources, such as the U.S. Army Corps of Engineers, the Soil Conservation Service, the State Water & Science Administration, or any regional planning organization. When the base-flood elevation is not known, the Planning Department, in consultation with the State Water & Science Administration, must evaluate each site and establish an approximate base-flood elevation. City Code, 1976/83, art. 7, §5(c) 2000, art. 7, §3-31 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

In the Coastal Floodplain and the Flood Resilience Area, the regulations specified in ASCE 24, § 4.0 {“Coastal High Hazard Areas and Coastal A Zones”} apply. City Code, 1976/83, art. 7, §5(d) 2000, art. 7, §3-32 Ord. 88-188 Ord. 14-208

In the Coastal High Hazard Area (Zones V and VE):the regulations of this section apply; and except as otherwise provided in this Division I, the regulations specified in ASCE 24, § 4.0 {“Coastal High Hazard Areas and Coastal a Zones”} also apply. No land below the level of the base flood may be developed unless the new construction or substantial improvement:is located landward of the reach of mean high tide; is elevated on adequately anchored pilings or columns to resist flotation, collapse, and lateral movement due to the effects of base-flood wind and water loads acting simultaneously on all building components, and the bottom of the lowest horizontal structural members of the lowest floor (excluding the pilings or columns) is elevated to at least the flood-protection elevation; has been certified by a licensed professional engineer or professional architect that it is securely anchored to adequately anchored pilings or columns so as to withstand velocity waters and hurricane wave wash and that it will meet the requirements of item (2) of this subsection; has no basement and has the space below the lowest floor free of obstructions (which space may not be used for human habitation, but may be used solely for parking, building access, or limited storage) and is constructed with breakaway walls, as that term is defined in ASCE 24, § 1.2 {“Definitions”}; and does not utilize fill for structural support of structures. No new development in the Coastal High Hazard Area may be permitted unless the applicant demonstrates that:the encroachment into the Coastal High Hazard Area is the minimum necessary; the development will withstand, without damage, the wind and water loads attendant a base flood; and the development will not create an additional hazard to existing structures. An existing nonconforming structure located on land below the level of the base flood may not be expanded, vertically, horizontally, or otherwise, unless:the foundation system is certified by a licensed professional engineer or professional architect as capable of supporting the existing structure and the proposed improvements during a base flood; and all construction is in full compliance with this and all other applicable laws. The placement of manufactured homes or buildings is strictly prohibited. For all new construction and every substantially improved structure in the Coastal High Hazard Area, the developer must submit and the Floodplain Manager must maintain on file an elevation certificate that certifies the elevation of the bottom of the lowest horizontal structural member of the lowest floor. In this subsection, “recreational vehicle” has the meaning stated in <cite data-path="|7|§3-19">§ 3-19 {“Recreational vehicles”} of this subtitle</cite>. In the Coastal High Hazard Area, recreational vehicles are prohibited. City Code, 1976/83, art. 7, §5(e) 2000, art. 7, §3-33 Ord. 88-188 Ord. 92-134 Ord. 11-516 Ord. 14-208 Ord. 14-283

A Building permit issued by the Building Official under the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>: is required for all development in the Floodplain District; and may be granted only after necessary permits from the State Water & Science Administration and all other applicable Federal, State, and City agencies have been obtained and verified by the Planning Department. City Code, 1976/83, art. 7, §6(intro) 2000, art. 7, §4-1 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

The application for the permit must be submitted by the owner or authorized agent of the owner to the Building Official. The application must contain, in addition to the information otherwise required by the Building Official for a building permit, the following information:the name and address of the applicant; the name and address of the owner of land on which development is proposed; the name and address of the contractor; the site location; a plan of the site showing the size and location of the proposed development, as well as any existing structures; plans, drawn to scale, that show the location, dimensions, and NAVD elevation of the site in relation to:the stream channel or shoreline, as the case may be; and the Floodplain District delineation; a summary description of the proposed work and estimated cost; and copies of all necessary permits from the State Water & Science Administration and all other applicable Federal, State, and City agencies. Depending on the type of development or structure involved, the Floodplain Manager may require:that an elevation certificate for the proposed development be submitted with the application; and that the following information be shown on plans submitted with the application:the size of each proposed structure and the position on the lot where it is to be constructed; the elevations of the proposed final grading and lowest floor and the existing ground and base-flood elevation, as certified by a licensed land surveyor or professional engineer; and the method of elevating the proposed structure, including details of proposed fills, pile structures, retaining walls, foundations, erosion protection measures, and the like. These plans must be prepared by a licensed professional engineer or professional architect. If substantial improvement to an existing structure is proposed, an appraisal must be submitted by a professional real estate appraiser of the fair market value of the existing structure, less land value. City Code, 1976/83, art. 7, §6(a) 2000, art. 7, §4-2 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 14-307 Ord. 21-020

Every proposal for the subdivision of land or for new development must include a plan that shows the location of all existing and proposed public and private utilities, facilities, drainage structure, and road access. If the base-flood elevation has been determined by the Flood Insurance Study or other reliable source, as provided in <cite data-path="|7|§2-3">§ 2-3 {“Official map”} of this Division I</cite>, that flood elevation must be delineated on the plan. If the proposal involves more than 5 lots or more than 5 acres and the base-flood elevation has not been determined for the land area, the developer must determine the base-flood elevation and delineate that flood elevation on the plan. If hydrologic and hydraulic engineering analyses are submitted, they must be certified in accordance with the requirements of the Maryland Department of the Environment and the Federal Emergency Management Agency. All plans must be certified by a licensed professional engineer or professional architect and reviewed by the Department of General Services to assure that:all proposals are consistent with the need to minimize flood damage; all necessary permits have been received from the State Water & Science Administration and appropriate Federal agencies; all public and private utilities and facilities (including sewer, water, telephone, electric, gas, etc.) are located, constructed, and floodproofed to minimize or eliminate flood damage; adequate drainage is provided to reduce exposure to flood hazards; during a base flood, at least 1 access point provides safe vehicular access to and egress from the subdivision or new development; and adequate measures have been taken to minimize adverse environmental impacts of the proposed development. City Code, 1976/83, art. 7, §6(b) 2000, art. 7, §4-3 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

A permit may be granted only after it has been determined that the proposed work will be in conformance with the requirements of this and all other applicable laws. City Code, 1976/83, art. 7, §6(c) 2000, art. 7, §4-4 Ord. 88-188 Ord. 14-208

When the proposed development includes the relocation or alteration of a watercourse, evidence must be presented as part of the permit application that all adjacent communities and the State Water & Science Administration have been notified by certified mail and have approved of the proposed alteration or relocation. Copies of these notifications must then be forwarded to the Federal Emergency Management Agency, Federal Insurance Administration. In addition, the developer must assure the City, in writing, that the flood-carrying capacity within the altered or relocated portion of the watercourse in question will be preserved. City Code, 1976/83, art. 7, §6(d) 2000, art. 7, §4-5 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

After the issuance of a building permit by the Building Official, no changes of any kind may be made to the application, permit, or any of the plans, specifications, or other documents submitted with the application without the written consent or approval of the Building Official. City Code, 1976/83, art. 7, §6(e) 2000, art. 7, §4-6 Ord. 88-188 Ord. 14-208

During the construction period, the Building Official must inspect the premises to determine that the work is progressing in compliance with the permit and with all applicable laws. The premises are also subject to inspection by the State Water & Science Administration. If the Building Official determines that the work is not in compliance with the permit and all applicable laws or that there has been a false statement or misrepresentation by the applicant, the Building Official, on instruction from the Planning Department, may revoke the permit and report that fact to the State Water & Science Administration. City Code, 1976/83, art. 7, §6(f) 2000, art. 7, §4-7 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

An occupancy permit issued by the Building Official:is required for all new construction and substantial improvements in the Floodplain District; and may not be issued until the Building Official has been provided with an elevation certificate that certifies the “as-built” elevations of the new construction or substantial improvements. When applicable, a dry floodproofing certificate is also required prior to the approval of the occupancy permit. City Code, 1976/83, art. 7, §6(g) 2000, art. 7, §4-8 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

A record of all permit actions in the Floodplain District, including all permits from applicable Federal, State, and City agencies, must be maintained by the Planning Department and must be made available on the request of the Federal Emergency Management Agency or the State Water & Science Administration during periodic assessments of Baltimore City’s participation in the National Flood Insurance Program. This record must include, at a minimum:the date the permit was issued; the “as-built” lowest floor elevation of all new construction or substantial improvement; a copy of all other elevation certificates submitted under this Division I; the issuance date of any occupancy permit; and any map amendments issued by the Federal Emergency Management Agency. City Code, 1976/83, art. 7, §6(h) 2000, art. 7, §4-9 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

Applications for variances may be considered by the Planning Department, after a review by the City agencies responsible for stormwater management and erosion control, for the following: functionally dependent uses; all necessary City utilities in the Floodway or the Coastal High Hazard Area; and substantial improvements to an existing structure in the Floodway. City Code, 1976/83, art. 7, §7(a) 2000, art. 7, §5-1 Ord. 88-188 Ord. 92-134 Ord. 14-208 Ord. 21-020

A variance may not be granted for: the placement of fill in the Floodway or the Coastal High Hazard Area unless approved by appropriate Federal and State agencies; new construction of any principal structure in the Floodway or the Coastal High Hazard Area; or manufactured homes or buildings within the Floodway and Coastal High Hazard Area. City Code, 1976/83, art. 7, §7(b) 2000, art. 7, §5-2 Ord. 88-188 Ord. 14-208

The Floodplain Manager must:request the NFIP State Coordinator, Maryland Department of the Environment, to comment on variance applications; and submit those comments, when received, to the Director of the Planning Department. In considering a variance application, the Planning Department must consider and make findings of fact on all evaluations, relevant factors, and requirements specified in this Division I, including:.the danger that materials may be swept onto other lands to the injury of others; the danger to life and property due to flooding or erosion damage; the susceptibility of the proposed development and its contents to flood damage and the effect of that damage on the individual owner; the importance of the services to the community provided by the proposed development; the availability of alternative locations for the proposed use that are not subject to or are subject to less flooding or erosion damage; the need of a waterfront location for the proposed use and whether the proposed use is a functionally dependent use; the compatibility of the proposed use with existing and anticipated development; the relationship of the proposed use to the comprehensive plan for that area; the safety of access to the property in times of flood for passenger vehicles and emergency vehicles; expected heights, velocity, duration, rate of rise, and sediment transport of floodwaters and the effects of wave action, if applicable, expected at the site; the costs of providing government services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as streets, bridges, and sewer, gas, electrical, and water systems; the comments provided by NFIP State Coordinator; and the intent of environmental projects taking place on public land, including associated benefits and co-benefits. Ord. 14-208 Ord. 21-020

The Planning Department may make an affirmative decision on a variance request only on: a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property (for which determination, increased cost or inconvenience of meeting the requirements of this Division I does not constitute an “exceptional hardship”); a determination that the granting of a variance for development within a designated floodway, or within a Special Flood Hazard Area with base-flood elevations but no designated floodway, will not result in increased flood heights beyond that which is allowed by this Division I; a determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public, or conflict with existing local laws; a determination that the structure or other development is protected by methods to minimize flood damage; and a determination that the variance is the minimum necessary to afford relief, considering the flood hazard. City Code, 1976/83, art. 7, §7(c) 2000, art. 7, §5-3 Ord. 88-188 Ord. 11-516 Ord. 14-208

The application for a variance must be submitted to the Planning Department and, to the greatest extent possible, must comply with the provisions of this Division I. The Planning Department must notify the applicant, in writing:of the increased premium rates for flood insurance; and that construction below the level of the base flood increases risks to life and property. This notification must be maintained as part of the record required in <cite data-path="|7|§5-7">§ 5-7 {“Record of variance actions”} of this subtitle</cite>. City Code, 1976/83, art. 7, §7(e), (f) 2000, art. 7, §5-5 Ord. 88-188 Ord. 11-516 Ord. 14-208

The owner of any accessory structure for which a variance is granted must sign an agreement that the structure will never be converted to any use other than for parking vehicles or limited storage, and the deed restriction must be recorded with the Land Records. City Code, 1976/83, art. 7, §7(g) 2000, art. 7, §5-6 Ord. 88-188 Ord. 14-208 Ord. 21-020

A record of all variance actions, including the justification for their issuance, must be: maintained by the Planning Department; included in the bi-annual report submitted to the Federal Insurance Administrator; and available on request to the Federal Emergency Management Agency or its authorized agent during periodic assessments of Baltimore City’s participation in the National Flood Insurance Program. City Code, 1976/83, art. 7, §7(h) 2000, art. 7, §5-7 Ord. 88-188 Ord. 14-208

Notice of the flood hazard and the variance action must be placed on the deed that conveys title to land on which construction has occurred under this subtitle. City Code, 1976/83, art. 7, §7(j) 2000, art. 7, §5-9 Ord. 88-188 Ord. 92-134 Ord. 14-208

The granting of a permit or approval is not a representation, guarantee, or warranty of any kind and does not create or impose any liability on the City, its officials, employees, or agents. City Code, 1976/83, art. 7, §9 2000, art. 7, §6-1 Ord. 88-188 Ord. 14-208

The City may impose additional application fees commensurate with those costs incurred in the processing, review, and evaluation of permit applications for development in Floodplain District. The costs covered by the fees may include:consultant fees for certification of as-built condition of structures; Floodplain District and subdistrict delineations; environmental impact characterizations; staff assignments; and other related costs. City Code, 1976/83, art. 7, §10 2000, art. 7, §6-2 Ord. 88-188 Ord. 14-208

No structure or other development may be located, erected, constructed, reconstructed, improved, repaired, extended, converted, enlarged, or altered except in full compliance with this Division I and all other applicable Federal, State, and City laws, rules, and regulations. A structure or other development without the required design certifications, elevation certificates, or other evidence of compliance is presumed to be noncompliant with and in violation of this Division I until the required documentation is provided. Any structure or other development that is located, erected, constructed, reconstructed, improved, repaired, extended, converted, enlarged, or altered in violation of this Division I or of any other applicable Federal, State, and City law, rule, or regulation is declared to be a public nuisance and abatable as such. City Code, 1976/83, art. 7, §8 (3rd par.) 2000, art. 7, §7-1 Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 14-307

If the Floodplain Manager finds that any development or person has failed to comply with or otherwise has violated any provision of this Division I, any provision of a rule or regulation adopted under this Division I, or any term or condition of a permit issued under this Division I, the Floodplain Manager may issue a violation notice and, for ongoing activities, a stop work order to:the person responsible for the violation or that person’s authorized agent; the developer or owner of the development or that person’s authorized agent; and on-site personnel. The violation notice must be served:in person; by certified or registered mail; or if the identity or whereabouts of the person responsible, developer, or owner is unknown, by posting a copy of the notice in a conspicuous place in or on the property. The violation notice must:describe the nature of the violation; describe the remedial action needed to correct the violation; and specify a reasonable period of time within which to complete the remedial action. Ord. 14-208

If a violation is not promptly discontinued or abated, or if the violation notice or order is not complied with promptly, the Floodplain Manager may institute or cause to be instituted any appropriate legal proceeding. Enforcement proceedings may include:injunctive or other equity proceedings; criminal prosecution, including a prosecution initiated by a prepayable criminal citation under City Code <cite data-path="|19|§71-2">Article 19, § 71-2 {“Prepayable criminal citations”}</cite>; and administrative proceedings, including one initiated by a prepayable environmental citation under City Code <cite data-path="|1|§40-14">Article 1, § 40-14 {“Violations to which subtitle applies”}</cite>. In pursuing a violation, the Floodplain Manager may use any 1 or more available remedies or enforcement actions. The initiation of any 1 remedy or enforcement action does not preclude pursuing any other remedy or enforcement action authorized by law. Neither damages, irreparable injury, nor the lack of an adequate remedy at law is a prerequisite to enforcement in equity. Ord. 14-208

Any person aggrieved by the action of the Floodplain Manager or other official charged with the enforcement of this Division I, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division I, or otherwise:may appeal the action to the Planning Director; and on timely request, is entitled to a hearing on that appeal. The appeal must:be in writing; state clearly the grounds on which the appeal is based; if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and be filed with the Director within 10 days of the action in dispute. Ord. 14-208 Ord. 14-307

Hearings may be conducted by:the Planning Director; or a hearing officer designated by the Planning Director. The Director may delegate to a hearing officer the authority to issue:proposed or final findings of fact; proposed or final conclusions of law; proposed or final findings of fact and conclusions of law; proposed or final orders; or the final administrative decision of the Department. Ord. 14-208

The Planning Director must provide all parties reasonable written notice of the hearing. The notice must state:the date, time, place, and nature of the hearing; the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|7|§8-4">§ 8-4 {“Administrative review – Evidence”} of this subtitle</cite>; and that failure to appear for the scheduled hearing may result in an adverse action against the party. Except as otherwise provided by law or by rule or regulation of the Planning Director, all hearings must be:open to the public; and conducted in an orderly but informal manner. Ord. 14-208

Except as otherwise provided by this section or by rule or regulation of the Planning Director, formal rules of evidence and trial procedures do not apply. On a genuine issue of fact, a party is entitled to:call witnesses; offer evidence, including rebuttal evidence; cross-examine any witness that another party or the Planning Director calls; and present summation and argument. The Planning Director or hearing officer:may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; may not exclude evidence solely on the basis that it is hearsay; must give effect to a privilege recognized by law; may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Planning Department; and may exclude evidence that is:incompetent; irrelevant; immaterial; or unduly repetitious. Ord. 14-208

An applicant who is aggrieved by the final site plan decision of the Director of Planning may appeal that decision to the Planning Commission. Appeals must be filed within 30 days of the Planning Director’s final decision, as specified in <cite data-path="|7|§8-5">§ 8-5 {“Administrative review- Final decisions”} of this subtitle</cite>. The Planning Commission must review the Director’s decision at a public hearing held within 45 days of receiving the appeal. Ord. 21-020

A party aggrieved by a final decision of the Planning Department under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 14-208 Ord. 19-332

Any person who violates or fails to comply with any provision of this Division I, any provision of a rule or regulation adopted under this Division I, or any term or condition of a permit issued under this Division I is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each violation. City Code, 1976/83, art. 7, §8 (part) 2000, art. 7, §7-5(a) Ord. 88-188 Ord. 11-516 Ord. 14-208

This Division I may be enforced by the Department of Housing and Community Development in the manner provided in § 104 {“Duties and powers of Building Official”} of the Baltimore City <cite data-path="|building-codes|II">Building Code</cite>. Ord. 21-020

Every day that a violation continues is a separate offense. Proof that a violation exists on any date that follows the issuance of a violation notice constitutes prima facie evidence that the violation has continued throughout the intervening period of time. City Code, 1976/83, art. 7, §8 (part) 2000, art. 7, §7-5(b) Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

The imposition of a fine or penalty for a violation or noncompliance does not excuse the violation or noncompliance nor permit it to continue. All offenders are required to correct or remedy the violation or noncompliance within a reasonable time. The imposition of a fine or penalty for a violation or noncompliance does not excuse the violation or noncompliance nor permit it to continue. All offenders are required to correct or remedy the violation or noncompliance within a reasonable time. City Code, 1976/83, art. 7, §8 (part) 2000, art. 7, §7-5(c) Ord. 88-188 Ord. 11-516 Ord. 14-208 Ord. 21-020

In this Division II, the following terms have the meaning indicated. “Adverse impact” means any effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, that:is deleterious; and either:is or potentially can be harmful or injurious to human health, welfare, or safety, to property, or to biological productivity, diversity, or stability; or unreasonably interferes with the enjoyment of life or property, including outdoor recreation. “Approval” means a documented action by the Department following a comprehensive review to determine and acknowledge that submitted materials demonstrate compliance with the requirements of a specified stage in a project’s process. “Approval” does not include an acknowledgment by the Department that material has been received for review. “Best management practice” means a structural or nonstructural practice designed to store temporarily or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. “Channel protection storage volume” means the volume, calculated in accordance with the State’s Design Manual, used to design structural management practices to control stream channel erosion. “Department” means the Baltimore City Department of Public Works. “Design Guidelines, City” means the 2010 Baltimore City Stormwater Design Guidelines, and all subsequent additions, revisions, and amendments to it, as adopted by the Department and approved by the State Water Management Administration. “Design Manual, State” means the 2000 Maryland Stormwater Design Manual and all subsequent additions, revisions, and amendments to it. “Develop” means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration. “Disturb” means to:clear or remove trees and brush from land; grade, stockpile, remove, excavate, scarify, or fill soil; grub or remove stumps; or strip or remove vegetative surface cover. “Disturb” does not include:mowing of grass; trimming of trees; or other maintenance activities that do not create unvegetated ground. “Drainage area” means an area, measured in a horizontal plane, that:contributes runoff to a single point; and is enclosed by a ridge line. “Environmental site design” means using small-scale stormwater management practices, nonstructural techniques, and better site planning that, in accordance with methods specified in the State’s Design Manual, are used to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources. “Extreme flood volume” means the storage volume required to control infrequent, large storm events in which overbank flows reach or exceed the boundaries of the 100- year floodplain. “Impervious area” means any surface that does not allow stormwater to infiltrate into the soil surface. “Infiltration” means the passage or movement of water into the soil surface. “Maximum extent practicable” means stormwater management systems designed so that:all reasonable opportunities for using environmental site design planning techniques and treatment practices are exhausted; and a structural best management practice is implemented only where absolutely necessary. “Off-site ... management” means the design and construction of a facility necessary to control stormwater from more than one development. “On-site ... management” means the design and construction of systems necessary to control stormwater within one development. “Overbank flood protection volume” means the volume, calculated in accordance with the State’s Design Manual, controlled by structural practices to prevent an increase in the frequency of out of bank flooding generated by development. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this Division II “person” also includes, except as used in <cite data-path="|general|28|1|28-13">§ 28-13{“Criminal penalties”}</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Planning techniques” means a combination of strategies employed early in project design to reduce the impact from development and to incorporate natural features into a stormwater management plan. <em>See </em>“Stormwater management – Qualitative control”. <em>See </em>“Stormwater management – Quantitative control”. “Recharge volume” means that portion of the water quality volume, calculated in accordance with the State’s Design Manual, used to maintain groundwater recharge rates at development sites. “Redevelopment” means any construction, alteration, or improvement that:disturbs more than 5,000 square feet of land; is performed on a site where:the existing land use is commercial, industrial, institutional, or multi-family residential; and the existing impervious area of the site is more than 40% of the total area of the site. “Retrofitting” means the implementation of environmental site design practices, the construction of a structural best management practice, or the modification of an existing structural best management practice in a previously developed area to improve water quality over current conditions. “Sediment” means soils or other surficial materials that are the product of erosion and are transported or deposited by the action of wind, water, ice, gravity, or artificial means. “Site” means any tract, lot, parcel of land, or area of construction, or combination of tracts, lots, parcels of land, or areas of construction that are:in one ownership; or in diverse ownership, but where:development is to be performed as part of a unit, subdivision, or project; and either:the tracts, lots, or parcels of land are contiguous; or the development is a cooperative public-private undertaking. “Stabilization” means the prevention of soil movement by any of various vegetative or structural means. “Stormwater” means water that originates from a precipitation event. “Stormwater management system” means a system of natural areas, environmental site design practices, stormwater management practices, and any structure through which stormwater flows, infiltrates, or discharges from a site. “Stormwater management” means, for qualitative control, a system of vegetative, structural, and nonstructural practices, natural areas, environmental site design practices, stormwater management measures, and any other structure that reduces or eliminates pollutants that might otherwise be carried by surface runoff. “Stormwater management” includes, for qualitative control, design parameters for:water quality volume; and recharge volume. “Stormwater management” means, for quantitative control, a system of vegetative, structural, and nonstructural practices, natural areas, environmental site design practices, stormwater management measures, and any other structure that controls the increased volume and rate of surface runoff caused by man-made changes to the land. “Stormwater management” includes, for quantitative controls, design parameters for:channel protection storage volume; overbank flood protection volume; and extreme flood volume. “Watershed” means the total drainage area contributing runoff to a single point. “Water quality volume” means the volume needed, calculated in accordance with the State’s Design Manual, to capture and treat the runoff from 90% of the average annual rainfall at a development site. “Wetlands” means an area that has saturated soils or periodic high groundwater levels and vegetation adapted to wet conditions and periodic flooding. Ord. 02-367 Ord. 04-672 Ord. 10-277 Ord. 13- 095 Ord. 22-125

In interpreting and applying this Division II, the following rules of interpretation apply:those contained in Subtitles 2 and 3 of the City Code’s <cite data-path="|general">General Provisions Article</cite>; and any additional rules contained in this section. In their interpretation and application, the provisions of this Division II must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. If any condition imposed by a provision of this Division II is either more or less restrictive than a comparable condition imposed by any other provision of this Division or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. Ord. 02-367 Ord. 22-125

For purposes of this Division II, the following documents are incorporated by reference:the State’s Design Manual, which serves as the official City guide for stormwater management principles, methods, and practices; the USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000); and the City’s Design Guidelines, which serve to supplement the State’s Design Manual as it relates to stormwater management principles, methods, and practices in the City. Terms used in the State’s Design Manual have the meanings ascribed to them in the Design Manual or otherwise by the State Water Management Administration. These terms include, among others:“Agricultural land management practices”. “Aquifer”. “Detention structure”. “Direct discharge”. “Extended detention”. “Grade”. Ord. 02-367 Ord. 10-277

The purpose of this Division II is to:protect, maintain, and enhance the public health, safety, and general welfare through the management of stormwater; protect public and private property from damage; reduce the adverse effects of development; reduce stream channel erosion, pollution, siltation, and sedimentation; reduce local flooding; restore, enhance, and maintain the chemical, physical, and biological integrity of streams; and maintain after development, as nearly as possible, pre-development runoff characteristics. The goal of this Division II is to manage stormwater by:using environmental site design to the maximum extent practicable; and using structural best management practices and alternative practices only when necessary. This Division II is adopted under the authority of State Environment Article, Title 4, Subtitle 2. This Division II applies to all new and redevelopment projects that have not received final approval for erosion and sediment control and stormwater management plans by May 4, 2010. Ord. 02-367 Ord. 10-277

The Baltimore City Department of Public Works is responsible for administering and enforcing this Division II. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department may adopt rules and regulations to carry out this Division II. Ord. 02-367 Text Conformed 02/16/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this subsection to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Except as specified in subsection (b) of this section, this Division II applies to all development within the corporate limits of Baltimore City. The following activities are exempt from this Division II:agricultural land management practices that employ methods and procedures to further crop and livestock production and conservation to conserve related soil and water resources; a single-family detached dwelling if:the activity does not disturb more than 2,500 square feet of land area; and the tract, lot, or parcel has not previously been the subject of an exemption under this item (2); construction, grading, or development (other than for single-family dwellings) if:the activity does not disturb more than 5,000 square feet of land; and the tract, lot, or parcel has not previously been the subject of an exemption under this item (3); a single-family dwelling that disturbs more than 2,500 square feet of land area but less than 5,000 square feet of land area, subject to the payment of a “small-project” fee established under <cite data-path="|7|§25-2">§ 25-2 {“Fees”} of this Division II</cite>; and development that the State Water Management Administration determines will be regulated under specific state laws that provide for managing stormwater runoff. Ord. 02-367 Ord. 10-277

Except as otherwise expressly provided in this Division II, no person may develop any land unless: the project is a single-lot residential construction that establishes stormwater management measures in accordance with a standard stormwater management plan prepared in accordance with the City’s Design Guidelines and approved by the Department; or the person:establishes stormwater management measures that control or manage runoff from the development; and incorporates those measures into phased stormwater management plans approved by the Department. Ord. 02-367 Ord. 10-277

These stormwater management measures must: meet the requirements of the State’s Design Manual, this Division II, and the City’s Design Guidelines; and be constructed according to:an approved plan for new development; or the policies stated in <cite data-path="|7|§23-7">§ 23-7 of this Division II</cite> for redevelopment. Ord. 02-367 Ord. 10-277

The minimum control requirements for these management measures are as provided in this section and the State’s Design Manual. The criteria in the State’s Design Manual for environmental site design to the maximum extent practicable and the use of environmental site design planning techniques and treatment practices must be exhausted before any structural best management practice or alternative practice is implemented. Stormwater management plans for development projects subject to this Division II must be designed using environmental site design sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the State’s Design Manual. The maximum-extent-practicable standard is met when channel stability is maintained, predevelopment groundwater recharge is replicated, nonpoint source pollution is minimized, and structural stormwater management practices or alternative practices are used only if determined to be absolutely necessary. Runoff from the 10-year frequency storm event must be controlled in accordance with the State’s Design Manual if the Department determines that additional stormwater management is necessary because historical flooding problems exist and downstream floodplain development and conveyance system design cannot be controlled. The Department may require more than the minimum control requirements of the State’s Design Manual if:hydrologic or topographic conditions warrant; or flooding, stream channel erosion, or water quality problems exist downstream from a proposed project. With the approval of the State Water Management Administration, the Department may adopt alternative minimum control requirements that will:implement environmental site design to the maximum extent practicable; and control flood damages, accelerated stream erosion, water quality, and sedimentation. Where applicable, stormwater management and development plans must be consistent with watershed management plans and flood management plans approved by the State Water Management Administration under the Flood Hazard Management Act of 1976. Ord. 02-367 Ord. 10-277

In designing stormwater management measures, the following must be used, either alone or in combination:environmental site design techniques and practices; and structural practices. The applicant must demonstrate that environmental site design has been implemented to the maximum extent practicable before the use of a structural best management practice or alternative practice may be considered in developing the stormwater management plan. Stormwater management measures, their selection, basic design criteria, methodologies, and construction specifications:must comply with the State’s Design Manual and the City’s Design Guidelines; and are subject to approval of the Department and the State Water Management Administration. Environmental site design techniques and practices and structural stormwater management measures used to satisfy the minimum control requirements of <cite data-path="|7|§22-3">§ 22-3 of this subtitle</cite>:must have easements, as described in <cite data-path="|7|§25-1|(b)|(1)">§ 25-1(b)(1) of this Division II</cite>, recorded in the land records of Baltimore City; must have a recorded inspection and maintenance agreement, as described in <cite data-path="|7|§27-3">§ 27-3 of this Division II</cite>; and may not be altered without the Department’s prior approval. The following planning techniques must be applied according to the State’s Design Manual to satisfy the applicable minimum control requirements of <cite data-path="|7|§22-3">§ 22-3 of this subtitle</cite>:preserving and protecting natural resources; conserving natural drainage patterns; minimizing impervious area; reducing runoff volume; using environmental site design practices to maintain 100% of the annual predevelopment groundwater recharge volume; using green roofs, permeable pavement, reinforced turf, and other alternative surfaces; limiting soil disturbance, mass grading, and compaction; clustering development; and other practices approved by the Department. The following environmental site design treatment practices must be designed according to the State’s Design Manual and the City’s Design Guidelines to satisfy the applicable minimum control requirements established in <cite data-path="|7|§22-3">§ 22-3 of this subtitle</cite>:disconnection of rooftop runoff; disconnection of non-rooftop runoff; sheetflow to conservation areas; rainwater harvesting; submerged gravel wetlands; landscape infiltration; infiltration berms; dry wells; micro-bioretention; rain gardens; swales; enhanced filters; and other practices approved by the Department. The use of environmental site design planning techniques and treatment practices may not conflict with existing State or local laws, ordinances, regulations, or policies. The following structural stormwater management practices must be designed to satisfy the applicable minimum control requirements of <cite data-path="|7|§22-3">§ 22-3 of this subtitle</cite>.stormwater management ponds; stormwater management wetlands; stormwater management infiltration; stormwater management filtering systems; stormwater management open channel systems; and other practices provided in the State’s Design Manual. In selecting structural practices, consideration must be given to the performance criteria specified in the State’s Design Manual for:general feasibility; conveyance; pretreatment; treatment and geometry; environment and landscaping; and maintenance. Structural practices must accommodate the unique hydrologic or geologic regions of the site. Alternative structural and nonstructural stormwater management practices may be used for new development water quality control if they:meet the performance criteria established in the State’s Design Manual; and are approved by the State Water Management Administration. Practices used for redevelopment projects must be approved by the Department. For the purposes of modifying the minimum control requirements or design criteria, the applicant must submit to the Department an analysis of the impacts of stormwater flows downstream in the watershed. The analysis must include the hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development upon a dam, highway, structure, or natural point of restricted streamflow. The point of investigation is to be established, with the Department’s concurrence, downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility. Ord. 02-367 Ord. 10-277

For any proposed development, the applicant must submit phased stormwater management plans to the Department for review and approval. At a minimum, plans must be submitted for the concept, site development, and final stormwater management construction phases of project design. Each plan must:include the minimum content specified in <cite data-path="|7|§22-3">§ 22-3 {“Minimum control requirements”} of this subtitle</cite>; and meet the requirements of the State’s Design Manual, the City’s Design Guidelines, and <cite data-path="|7|§22-4">§ 22-4 {“Environmental site design; Structural practices”} of this subtitle</cite>. The applicant must submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether stormwater management can be provided according to <cite data-path="|7|§22-4">§ 22-4 {“Environmental site design; Structural practices”} of this subtitle</cite> and the State’s Design Manual. Plans submitted for concept approval must include the following, minimum information:a map that shows, at a scale specified by the Department:site location; existing natural features; water and other sensitive resources; topography; and natural drainage patterns; the anticipated location of all:impervious areas; buildings; roadways; parking; sidewalks; utilities; and other site improvements; the location of:the proposed limit of disturbance; erodible soils; steep slopes; and areas to be protected during construction; preliminary estimates of:stormwater management requirements; the selection and location of environmental site design practices to be used; and the location of all points of discharge from the site; a narrative that supports the concept design and describes how environmental site design will be implemented to the maximum extent practicable; and any other information the Department requires. After approval of the concept plan, the applicant must submit, unless exempted by the Department, at the Department’s discretion, site development plans that reflect comments received during the previous review phase. Plans submitted for site development approval must be of sufficient detail to allow site development to be reviewed. These plans must include the following, minimum information:all information provided during the concept plan review phase; final site layout, including:exact impervious area locations and acreages; proposed topography; delineated drainage areas at all points of discharge from the site; and stormwater volume computations for environmental site design practices and quantity control structures; a narrative that:supports the site development design; describes how environmental site design will be used to meet the minimum control requirements; and justifies any proposed structural stormwater management or alternative practice measure; and any other information the Department requires. After site development approval, the applicant must submit final stormwater management plans that reflect the comments received during the previous review phase. Stormwater management plans submitted for final approval must be in the form of construction drawings, in sufficient detail to allow all approvals and permits to be issued, and accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design. The plan must be accompanied by an application for any waiver or variance sought under Subtitle 23 or Subtitle 24. Ord. 02-367 Ord. 10-277 Ord. 13- 095

The report submitted for final stormwater management plan approval must contain the following, minimum information: a brief narrative description of the project; geotechnical investigations, including soil maps, borings, site specific recommendations, and any additional information necessary to evaluate the final stormwater management design; descriptions of all water courses, impoundments, and wetlands on or adjacent to the site or into which stormwater directly flows; drainage area maps that show pre- development and post-development runoff flow path segmentation and land use; hydrologic computations of the applicable environmental site design and unified sizing criteria, according to the State’s Design Manual, for all points of discharge from the site; hydraulic computations for all environmental site design practices and structural stormwater management measures to be used; structural computations; volume sizing computations, according to the State’s Design Manual, that support the final stormwater management design; and any other information that the Department requires. Ord. 02-367 Ord. 10-277

The construction drawings submitted for final stormwater management plan approval must include the following:a vicinity map; a topography survey that shows existing and proposed contours, including the area necessary to determine downstream analysis for proposed stormwater management facilities; any proposed improvements, including the location of buildings or other structures, impervious surfaces, storm drainage facilities, and all grading; the location of existing and proposed structures and utilities; any easements and rights-of-way; the delineation, if applicable, of:the 100-year floodplain; and any on-site wetlands; structural and construction details, including representative cross sections, for all components of:the proposed drainage system or systems; and stormwater management facilities; all necessary construction specifications; a sequence of construction; data for:total site area; disturbed area; new impervious area; and total impervious area; a table that shows the environmental site design and unified sizing criteria volumes required by the State’s Design Manual; a table of materials to be used for stormwater management facility planting; all soil boring logs and locations; a maintenance inspection and maintenance activity schedule; a proposed construction and inspection schedule; an as-built certification signature block, to be executed after the project is completed; and any other information that the Department requires. The applicant must certify on the drawings that all grading, drainage, construction, and development will be done in strict accordance with the approved plan. Ord. 02-367 Ord. 10-277

The design of all stormwater management plans must be prepared by a professional engineer, professional land surveyor, or landscape architect licensed in the State. If stormwater best management practices require a dam safety permit from the Maryland Department of the Environment or small pond approval from the City, the plan must be prepared by a professional engineer licensed in the State. Ord. 02-367 Ord. 10-277

If a stormwater management plan involves directing some or all runoff from the site, the applicant is responsible for obtaining from adjacent property owners any needed easements or property interests for water flow. Approval of a stormwater management plan does not create or affect any right to direct runoff onto adjacent property without that property owner’s permission. Ord. 02-367 Ord. 10-277

The Department must perform a comprehensive review of the plans for each phase of site design to determine compliance with this Division II. For each plan phase, coordinated comments will be provided that reflect input from all appropriate agencies, including Planning, Zoning, and Public Works. At each phase of project design, comments from the Department and other appropriate agencies must be addressed by the applicant and approval received before subsequent submissions. In approving a plan, the Department may impose any conditions that it considers necessary or appropriate to:ensure compliance with this Division II; and preserve the public health and safety. After the Department has completed its comprehensive review for each phase of site design, the Department must notify the applicant of:the Department’s approval of the plan; the Department’s disapproval of the plan, together with:the reasons for disapproval; and any modifications that the Department requires for approval; or if no decision has yet been made:the status of the review process; and the anticipated date of completion. A stormwater management plan is not valid until the plan has been endorsed and dated by the Department. Ord. 02-367 Ord. 10-277

Except as provided for in <cite data-path="|7|§23-5">§ 23-5 {“Phased development projects”} of this subtitle</cite>, the Department may grant a waiver of quantitative control requirements, applied to the existing impervious cover on the site, for a project if:environmental site design has been implemented to the maximum extent practicable; and 1 or another of the following applies:the project is within an area for which a watershed management plan has been developed consistent with <cite data-path="|7|§23-6">§ 23-6 of this subtitle</cite>; the project has a direct, concentrated discharge of stormwater:to tidal waters; to tidally influenced receiving wetlands; or to connected closed storm drainage systems of adequate capacity, as provided in subsection (b) of this section; the project is an in-fill development to which all of the following apply:the project is located in an area designated as a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B; the economic feasability of the project is tied to the planned density allowed under the City’s Zoning Code; implementation of stormwater management regulations adopted by the State in 2009 would result in a loss of planned density allowed under the City’s Zoning Code; the area is served by existing public water, sewer, and stormwater conveyances; the quantitative waiver is applied only to the impervious cover that previously existed on the site; environmental site design to the maximum extent practicable is used to meet the full water quality treatment requirements for the entire development; and environmental site design to the maximum extent practicable is used to provide full quantity control for all new impervious surfaces; the applicant demonstrates through engineering analysis that unmanaged 10-year and 100-year storm events for the proposed development will not cause erosion, flooding, or an adverse impact on the receiving waters or downstream stormwater conveyance system; or the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices. For purposes of subsection (a)(2)(ii)C of this section, hydrologic and hydraulic investigations must show that the receiving storm drainage system can accommodate anticipated storm water flows from the project site without downstream flooding or stream-bank erosion. Ord. 02-367 Ord. 10-277

Except as provided for in <cite data-path="|7|§23-5">§ 23-5 {“Phased development projects”} of this subtitle</cite>, the Department may grant a waiver of qualitative control requirements for a project if: the project will return the disturbed area to a predevelopment runoff condition, such as pipeline or conduit projects, certain landscaping projects, certain maintenance projects, and certain underground projects; the project is an in-fill development project (that is, a development on vacant, bypassed, or underutilized land within an existing developed area) for which:environmental site design has been implemented to the maximum extent practicable; and it has been demonstrated that other best management practices are not feasible; the project is a redevelopment project for which the requirements of <cite data-path="|7|§23-7">§ 23-7 of this subtitle</cite> are satisfied; or the Department determines that circumstances exist that prevent the reasonable implementation of environmental site design to the maximum extent practicable. Ord. 02-367 Ord. 10-277

A waiver may be granted only on a case-by-case basis, after considering the cumulative effects of the Department’s waiver policy. A waiver may be granted only if it reasonably ensures that the development will not adversely impact stream quality. The Department may require a person who is granted a waiver to pay a fee in-lieu-of on-site management. Ord. 02-367

The application for a waiver must:be in the form that the Department requires; contain the descriptions, drawings, and other information needed to evaluate the proposed waiver; contain any other information that the Department requires; and be submitted to the Department with the applicant’s proposed stormwater management plan. A separate application is required for subsequent additions, extensions, or modifications to a development. Ord. 02-367 Ord. 10-277

When an application for a waiver is submitted, the Department shall prepare and post on its website, available for download, a public notice of the application. The public notice shall include:the applicant’s name and address; a description of the location and nature of the activity for which the application is made; the name, address, and telephone number of the office within the Department from which persons may obtain information about the application; a statement that any further notices about actions on the application will be posted on the Department’s website; a description of how persons may submit information or comments about the application; and the date when the public comment period closes, not to exceed 30 days, and by which information or comments must be received by the Department. The Department also shall mail or email public notices to:all contiguous property owners; the City Councilmember in whose district the property is located; and persons who have submitted information or comments about the application. Comments on an application must be submitted in writing to the Department before the close of the public comment period, as specified in the public notice. Ord. 10-277

The Department may grant a quantitative and qualitative control waiver for a phased development project if: by May 4, 2010, a stormwater system has been constructed that is designed to meet:the regulatory requirements for stormwater adopted in 2000 by the Maryland Department of the Environment; and the requirements of this Division II, as in effect on July 27, 2002; or for future phases of a phased development project that are constructed after May 4, 2010:the regulatory requirements for stormwater adopted in 2009 by the Maryland Department of the Environment cannot be met; and the applicant demonstrates that all reasonable efforts were made to incorporate environmental site design into these phases of the development. Ord. 10-277

The Department may develop an overall watershed management plan for the purpose of implementing different policies for waivers and redevelopment. If the Department establishes a watershed management plan for a specific watershed, the Department may develop quantitative control waivers and redevelopment provisions that differ from § 23-1(a)(2)(ii) through (v) and § 23-7. If the Department establishes a watershed management plan for a specific watershed, then the Department may develop separate policies, reviewed and approved by the State Water Management Administration, for providing water quality control. These separate policies may include:retrofitting; stream restoration; pollution trading; design criteria based on watershed management plans developed under <cite data-path="|7|§23-6|(b)">§ 23-6(b) of this Division II</cite>; payment of offset fees that are dedicated exclusively to provide for stormwater management within the same watershed as the proposed development; or other policies developed by the Department. For this purpose, the watershed management plan must:include detailed hydrologic and hydraulic analyses to determine hydrograph timing; include an evaluation of both quantity and quality management and of opportunities for environmental site design implementation; include a cumulative impact assessment of current and proposed watershed development; identify existing flooding conditions and receiving stream channel conditions; be prepared at a reasonable scale; specify where on-site or off-site quantitative and qualitative controls are to be implemented; be consistent with the General Performance Standards for Stormwater Management in Maryland, found in Section 1.2 of the State’s Design Manual; and be approved by the State Water Management Administration. Ord. 02-367 Ord. 10-277

Stormwater management plans are required for all redevelopment, unless otherwise specified by watershed management plans developed under <cite data-path="|7|§23-6|(b)">§ 23-6(b) of this subtitle</cite>. Stormwater management measures must be consistent with the State’s Design Manual. Unless otherwise specified by the Department, a redevelopment project need not comply with requirements of the State’s Design Manual for:recharge volume; channel protection storage volume; overbank flood protection volume; and extreme flood protection volume. All redevelopment projects must, in accordance with the State’s Design Manual, reduce existing site impervious areas within the limits of disturbance by at least 50%. If site conditions prevent the reduction of impervious area, then environmental site design practices must be implemented to the maximum extent practicable for at least 50% of the site’s existing impervious area within the limits of disturbance. If a combination of impervious area reduction and stormwater practice implementation is used, the combined area must equal or exceed 50% of the site’s existing impervious area within the limits of disturbance. Alternative stormwater management measures may be used to meet the requirements of subsection (c) of this section if the applicant satisfactorily demonstrates to the Department that:impervious area reduction has been maximized; and environmental site design has been implemented to the maximum extent practicable. Alternative stormwater management measures include:an on-site structural best management practice; off-site implementation of structural best management practices to provide water quality treatment for an area equal to at least 50% of the existing impervious area within the limits of disturbance; and a combination of impervious area reduction, environmental site design implementation, and an on-site or off-site structural best management practice for an area equal to at least 50% of the existing site impervious area within the limits of disturbance. The Department may develop separate policies for providing water quality treatment for redevelopment projects if the Department determines that the provisions of subsections (c) and (d) of this section have been implemented to the maximum extent practicable. The Department’s criteria for separate policies are outlined in the City’s Design Guidelines. Any separate redevelopment policy must be reviewed and approved by the State Water Management Administration. These separate policies may include:a combination of impervious area reduction, environmental site design, and on-site and off-site structural best management practices; retrofitting to improve water quality over current conditions by:construction of structural best management practices in a previously developed area; or modification of existing structural best management practices; watershed or stream restoration; pollution trading; design criteria based on watershed management plans developed under <cite data-path="|7|§23-6|(b)">§ 23-6(b) of this subtitle</cite>; payment of offset fees that are dedicated exclusively for stormwater management within the same watershed as the proposed development; a partial waiver of the treatment requirements if environmental site design is not practicable; or other practices approved by the Department. The Department will determine during the concept design phase which alternative measures may be made available. Prioritization of the alternative measures listed in paragraph (4) of this subsection must be considered after a determination by the Department that it is not practical to meet the 2009 regulatory requirements using environmental site design. When determining which alternative measures may be authorized under paragraph (4) of this subsection for a project, the Department may consider whether:the redevelopment project is located in an area designated as:a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B; a transit oriented development area under State Transportation Article Title 7, Subtitle 1; or a base realignment and closure revitalization and incentive zone under State Economic Development Article Title 5, Subtitle 13; the redevelopment project is necessary to accommodate growth consistent with the City’s comprehensive plan for the area in which the project will be located; or bonding and financing have been secured based on an approval of a redevelopment plan approved by the Department. For any net increase in impervious area resulting from the project, stormwater management must be addressed according to the new development requirements of the State’s Design Manual. Ord. 02-367 Ord. 10-277

An administrative waiver is a decision by the Department to allow construction of a development project to be governed by the provisions of this Division II, as in effect on May 4, 2009. An administrative waiver does not include quantitative or qualitative control waivers issued under § 23-1, § 23-2, or <cite data-path="|7|§23-5">§ 23-5 of this Division II</cite>. An administrative waiver may be granted by the Department to a development project that, on or before May 4, 2010, has received preliminary project approval as part of a preliminary or planning review process. At a minimum, a preliminary project approval includes:the number of planned dwelling units or lots; the proposed project density; the proposed size and location of all land uses for the project; a plan that identifies:the proposed drainage patterns; the location of all points of discharge from the site; and the type, location, and size of all stormwater management measures based on site-specific stormwater management requirement computations; and any other information that the Department requires. An approval granted under this subsection does not require approval of an erosion and sediment control plan as a condition for the approval. Except as provided by subsection (d) of this section, an administrative waiver granted under subsection (b) of this section expires on:May 4, 2013, if the development project does not have final erosion and sediment control and final stormwater management approval on or before that date; or May 4, 2017, if the development project receives final erosion and sediment control and final stormwater management approval on or before May 4, 2013. Except as provided in paragraph (2) of this subsection, an administrative waiver may not be extended. The Department may grant an extension for an administrative waiver only if, by May 4, 2010, a development project:has received a preliminary project approval as provided for in subsection (b) of this section; and was subject to:a development rights and responsibilities agreement; a tax increment financing approval; or an annexation agreement. When an agreement or approval identified in paragraph (2)(ii) of this subsection expires, any administrative waiver that was extended will expire. Construction authorized by an administrative waiver granted under this section must be completed, with an occupancy permit issued under the <cite data-path="|building-codes|II">Building Code</cite> and a use permit issued under the Zoning Code, on or before either:May 4, 2017; or the expiration date specified for any extension granted under subsection (d) of this section. Ord. 10-277

The Department may grant a variance from any requirement of this Division II if, because of exceptional circumstances applicable to the site, strict adherence to that requirement will result in unnecessary hardship and not fulfill the intent of this Division II. Ord. 02-367

The application for a variance must: be in the form that the Department requires; state the specific variance sought; explain why the variance is needed; contain any other information that the Department requires; and be submitted to the Department with the applicant’s proposed stormwater management plan. Ord. 02-367 Ord. 10-277

When an application for a variance is submitted, the Department shall prepare and post on its website, available for download, a public notice of the application. The public notice shall include:the applicant’s name and address; a description of the location and nature of the activity for which the application is made; the name, address, and telephone number of the office within the Department from which persons may obtain information about the application; a statement that any further notices about actions on the application will be posted on the Department’s website; a description of how persons may submit information or comments about the application; and the date when the public comment period closes, not to exceed 30 days, and by which information or comments must be received by the Department. The Department also shall mail or email public notices to:all contiguous property owners; the City Councilmember in whose district the property is located; and persons who have submitted information or comments about the application. Comments on an application must be submitted in writing to the Department before the close of the public comment period, as specified in the public notice. Ord. 10-277

The Department may not grant a variance unless the applicant provides sufficient satisfactorily demonstrates that the implementation of environmental site design to the maximum extent practicable has been thoroughly investigated. Ord. 02-367 Ord. 10-277

The Department may require a person who is granted a variance to pay an offset fee to the City. Ord. 02-367

For any development that requires a stormwater management plan under this Division II, a grading or building permit may not be issued unless a final erosion and sediment control plan and a stormwater management plan has been approved by the Department. A building permit may not be issued without:recorded easements, as needed:for the environmental site design techniques and practices and structural stormwater management measures, as provided for in the approved stormwater management plan; and to provide adequate access for inspection and maintenance from a public right-of-way; a recorded stormwater management maintenance agreement, as described in <cite data-path="|7|§27-3">§ 27-3 of this Division II</cite>; a performance bond; and all necessary permissions from adjacent property owners. Ord. 02-367 Ord. 10-277

Non-refundable fees will be assessed and collected in advance by the Department for each phase of a development. The fees assessed under this Division II are in addition to the usual fees charged for grading or building permits. Fees shall be assessed for plan reviews, waivers, offsets, stormwater approvals, administration and management of the approval process, inspections, “small-project” exemptions under <cite data-path="|7|§21-6|(b)|(4)">§ 21-6(b)(4) of this Division II</cite>, fees in lieu, and the like. The amount of these fees shall be based on the relative complexity of a project, in accordance with a fee schedule established from time to time by the Board of Estimates. Ord. 02-367 Ord. 10-277

For any development that requires a stormwater management plan under this Division II, a grading or building permit may not be issued until the applicant posts a surety or cash bond, or other means of security acceptable to the Department. The amount of the security may not be less than the total estimated construction cost of the stormwater management facility. This estimate must be prepared by the applicant and submitted with the plan. The security required by this section must provide for forfeiture on failure to:complete all work specified in the approved stormwater management plan; comply with any provision of this Division II or of any other applicable law or regulation; or comply with any applicable time limitations. The security may not be released until:the Department conducts a final inspection of the completed work; the applicant submits “as-built” plans to the Department, containing an executed as-built certification block; and the Department verifies that the stormwater management facilities:have been completed; and comply with the approved plan and this Division II. Ord. 02-367 Ord. 10-277

After written notice to the permit holder, the Department may suspend or revoke any grading or building permit for any of the following reasons: any violation of the conditions of the stormwater management plan approval; any change in the site runoff characteristics on which a plan approval or waiver was granted; construction not in accordance with the approved plan; failure to comply with a correction notice or stop work order issued for the facility; or a finding by the Department that an immediate danger exists in a downstream area. Ord. 02-367 Ord. 10-277

All inspections under this Division II must be: conducted by an authorized representative of the Department; or certified by a professional engineer licensed in this State. Ord. 02-367 Ord. 10-277

The applicant must notify the Department: at least 48 hours before starting any work in conjunction with site development; at least 48 hours before starting any work in conjunction with the stormwater management plan; and on completion of the project. Ord. 02-367 Ord. 10-277

At a minimum, regular inspections must be made and documented, at the stages of construction specified in this section, for each environmental site design planning technique and practice and each structural and nonstructural stormwater management practice. For ponds:On completion of excavation to sub-foundation and, when required, installation of structural supports or reinforcement for structures, including:core trenches for structural embankments; inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes; and trenches for enclosed storm drainage facilities; during placement of structural fill or concrete and installation of piping and catch basins; during backfill of foundations and trenches; during embankment construction; and on completion of final grading and establishment of permanent stabilization. For wetlands:at the stages specified in subsection (b) of this section for pond construction; during and after wetland reservoir area planting; and during the second growing season to verify a vegetation survival rate of at least 50%. For infiltration trenches:during excavation to subgrade; during placement and backfill of underdrain systems and observation wells; during placement of geotextiles and all filter media; during construction of appurtenant conveyance systems, such as diversion structures, pre-filters and filters, inlets, outlets, and flow distribution structures; and on completion of final grading and establishment of permanent stabilization. For infiltration basins:at the stages specified in subsection (b) of this section for pond construction; and during placement and backfill of underdrain systems. For filtering systems:during excavation to subgrade; during placement and backfill of underdrain systems; during placement of geotextiles and all filter media; during construction of appurtenant conveyance systems, such as flow diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and on completion of final grading and establishment of permanent stabilization. For open channel systems:during excavation to subgrade; during placement and backfill of underdrain systems for dry swales; during installation of diaphragms, check dams, or weirs; and on completion of final grading and establishment of permanent stabilization. For environmental site design and nonstructural practices:on completion of final grading; on establishment of permanent stabilization; and before issuance of an occupancy permit under the <cite data-path="|building-codes|II">Building Code</cite> and a use permit under the Zoning Code. Ord. 02-367 Ord. 10-277

Written reports must be made of all inspections conducted during construction. Each inspection report must specify:the date and location of the inspection; whether the construction complies with the approved stormwater management plan; any variations from the approved construction specifications; any violations found; and any other information that the Department requires. The Department must provide the applicant with the results of each inspection report as soon as possible after the inspection. Ord. 02-367 Ord. 10-277

At the completion of each construction stage for which an inspection is required, no further work may be done until the Department inspects and approves the work completed to date. Ord. 02-367

A final inspection must be conducted after construction is completed. Ord. 02-367

Once construction is complete, the applicant must submit to the Department an as-built plan certification by a professional engineer or professional land surveyor licensed in the State. The certification must certify that the completed stormwater management practices and conveyance systems comply with the specifications contained in the approved plan. The certification must include:a set of drawings that compare the approved stormwater management plan with what has been constructed; and any other information that the Department requires. Ord. 02-367 Ord. 10-277

For each stormwater management practice completed, the Department must submit a notice of construction to the State Water Management Administration. The notice must be submitted:within 45 days of construction completion; and on the form that the Administration supplies. The notice must report, on a site-by-site basis, the type, number, total drainage area, and total impervious area treated by all environmental site design techniques and practices and structural stormwater management practices. Ord. 02-367 Ord. 10-277

The maintenance of private stormwater management facilities is the responsibility of:the owner of the property; and any other person in control of the property. The owner of a property that contains private stormwater management facilities installed under this Division II or any other person in control of that property must, in perpetuity, maintain in good condition and promptly repair and restore all:environmental site design practices; stormwater management facilities; grade surfaces, walls, drains, dams, and structures; vegetation; erosion and sediment control measures; and other protective devices. All maintenance, repairs, and restoration must be in accordance with the approved stormwater management plan. Ord. 02-367 Ord. 10-277

A maintenance schedule must be developed for the life of every stormwater management facility or system of environmental site design practices. The schedule must specify:the maintenance to be completed; the time for completing that maintenance; and the person responsible for performing that maintenance. The maintenance schedule must be printed on the approved stormwater management plan. Ord. 02-367 Ord. 10-277

Before any grading or building permit may be issued for a project for which a private stormwater management facility is required, the owner must execute an inspection and maintenance agreement binding on all current and subsequent owners of land served by the facility. The agreement must provide for access to the facility, at all reasonable times, for regular inspections by the Department or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards. A performance bond, with amount, terms, and provisions acceptable to the Department, must be provided. The agreement must provide for forfeiture of the performance bond if, after written notice by the Department to correct any nonconformance with an approved plan<strong><em>,</em></strong> the owner fails to make satisfactory corrections within a reasonable time, not to exceed 30 days, unless extended for good cause shown. The owner must record the agreement in the land records of Baltimore City. Ord. 02-367 Ord. 10-277

The Department must periodically inspect all environmental site design practices and structural stormwater management measures to ensure that preventative maintenance is being performed. These inspections must be made:at least once during the 1<sup>st</sup> year of operation; and at least once every 3 years following. The Department must maintain inspection reports for all stormwater management systems. These inspection reports must include the following:the date of inspection; the name of the inspector; an assessment of the quality of the stormwater management system related to environmental site design treatment practice efficiency and the control of runoff to the maximum extent practicable; the condition of:vegetation and filter media; fences and other safety devices; spillways, valves, and other control structures; embankments, slopes, and safety benches; reservoir and treatment areas; inlet and outlet channels and structures; underground drainage; sediment and debris accumulation in storage and forebay areas; any nonstructural practices to the extent practicable; and any other item that could affect the proper function of the stormwater management system; and a description of needed maintenance. Ord. 02-367 Ord. 10-277

The department must promptly notify the owner of any deficiencies discovered from a maintenance inspection. The owner must correct the deficiencies:within 30 days of the notice; or by any other time to which the Department and the owner agree. The Department must conduct a subsequent inspection to ensure completion of all required repairs. If repairs are not made or are not done properly, the Department may take any enforcement action authorized by Subtitle 28 of <cite data-path="|7">this article</cite> or otherwise by law. If, after an inspection by the Department, the condition of a stormwater management facility is determined to present an immediate danger to the public health or safety, the Department may take whatever action is necessary to protect the public and make the facility safe. The Department may assess against the owner the costs incurred under this subsection. Ord. 02-367 Ord. 10-277

If a violation is found, the Department must provide written notice of the violation to:the developer or owner; and the on-site personnel. A violation notice must describe:the nature of the violation; and the required corrective action. Ord. 02-367

The Department may take any one or a combination of the following actions to enforce a violation notice. If a violation persists after issuance of a violation notice, the Department may issue a stop work order for the site. If reasonable efforts to correct the violation have not been undertaken, the Department may:cause the performance bond or other securities to be forfeited; and refer the matter for legal action. The Department may impose civil fines for minor infractions of this Division II. A schedule of fines, not to exceed $500 for any one offense, shall be established and may be amended from time to time by the Department with the approval of the Baltimore City Board of Estimates. Ord. 02-367

Any person aggrieved by the action of any official charged with the enforcement of this Division II, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division II, or otherwise:may appeal the action to the Director of Public Works; and on timely request, is entitled to a hearing on that appeal. The appeal must:be in writing; state clearly the grounds on which the appeal is based; if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and be filed with the Director within 10 days of the action in dispute. Ord. 02-367 Ord. 14-307 Ord. 19-332

Hearings may be conducted by:the Director of Public Works; or a hearing officer designated by the Director. The Director may delegate to a hearing officer the authority to issue:proposed or final findings of fact; proposed or final conclusions of law; proposed or final findings of fact and conclusions of law; proposed or final orders; or the final administrative decision of the Department. Ord. 02-367

The Director of Public Works must provide all parties reasonable written notice of the hearing. The notice must state:the date, time, place, and nature of the hearing; the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|7|§28-8">§ 28-8 of this subtitle</cite>; and that failure to appear for the scheduled hearing may result in an adverse action against the party. Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be:open to the public; and conducted in an orderly but informal manner. Ord. 02-367

Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply. On a genuine issue of fact, a party is entitled to:call witnesses; offer evidence, including rebuttal evidence; cross-examine any witness that another party or the Department calls; and present summation and argument. The Director or hearing officer:may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; may not exclude evidence solely on the basis that it is hearsay; must give effect to a privilege recognized by law; may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and may exclude evidence that is:incompetent; irrelevant; immaterial; or unduly repetitious. Ord. 02-367

A party aggrieved by a final decision of the Department under this Division II may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 02-367 Ord. 04-672 Ord. 19-332

Any person who violates any provision of this Division II or of any rule or regulation adopted under or incorporated into this Division II is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both fine and imprisonment for each violation. Each day that a violation continues is a separate offense. Ord. 02-367

In this Division III, the following terms shall have the meanings indicated. “Applicant” means the person that executes the necessary forms to apply for a permit or approval to carry out construction of a project. “Clear” means to remove the vegetative ground cover while leaving the root mat intact. “Department” means the Baltimore City Department of Public Works. <em>See </em>“Owner; developer”. “Environmental site design” means using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and to minimize the impact of land development on water resources. “Erosion” means the process by which land surface is worn away by the action of wind, water, ice, or gravity. “Erosion and sediment control” means a system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation. “Grade” means to disturb earth by any one or combination of methods, including excavating, filling, stockpiling, grubbing, or removing root mat or topsoil. “Interested person” means a person who has a legal right that could be directly and adversely affected by a specific erosion or sediment control issue. “Owner” or “developer” means a person: “Owner” or “developer” does not include a general contractor or subcontractor that does not have a proprietary interest in the project. “Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>. Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this Division III “person” also includes, except as used in <cite data-path="|general|35|1|35-13|(b)">§ 35-13(b){“Criminal penalties”}</cite>, a governmental entity or an instrumentality or unit of a governmental entity. “Responsible personnel” means any foreperson, superintendent, project engineer, or other individual who is in charge of:on-site clearing and grading operations; or the implementation and maintenance of an erosion and sediment control plan. “Sediment” means soils or other surficial materials that are the product of erosion and are transported or deposited by the action of wind, water, ice, gravity, or artificial means. “Site” means any tract, lot, parcel of land, or area of construction, or any combination of tracts, lots, parcels of land, or areas of construction that are:in one ownership; or in diverse ownership, but where: “Standards and Specifications” means the <em>2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control </em>or any subsequent revisions. “Stormwater” means water that originates from a precipitation event. “Stormwater management system” means a system of natural areas, environmental site design practices, stormwater management practices, and any structure through which stormwater flows, infiltrates, or discharges from a site. Ord. 13-095 Ord. 22-125

In interpreting and applying this Division III, the following rules of interpretation apply:those contained in Subtitles 2 and 3 of the City Code’s <cite data-path="|general">General Provisions Article</cite>; and any additional rules contained in this section. In their interpretation and application the provisions of this Division III must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare. If any condition imposed by a provision of this Division III is either more or less restrictive than a comparable condition imposed by any other provision of this Division or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs. Ord. 13-095 Ord. 22-125

For the purposes of this Division III, the following documents are incorporated by reference:the <em>2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control </em>or any subsequent revisions of it, which serves as the official City guide for soil erosion and sediment control principles, methods, and practices; and the City’s Erosion and Sediment Control Manual, which supplements the State’s Standards and Specifications as it relates to soil erosion and sediment control principals, methods, and practices in the City. Terms used in the Standards and Specifications have the meanings ascribed to them in that document or otherwise by the Maryland Department of the Environment. These terms include, among others:“Adverse impact”. “Grading unit”. “Maximum extent practicable”. “Watershed”. Ord. 13-095

The purpose of this Division III is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with land disturbances. The goal of this Division III is to minimize soil erosion and prevent off-site sedimentation by using soil erosion and sediment control practices designed in accordance with governing law and regulations. This Division III is adopted under the authority of State Environment Article, Title 4, Subtitle 1. Ord. 13-095

The Baltimore City Department of Public Works is responsible for administering and enforcing this Division III. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department may adopt rules and regulations to carry out this Division III. Ord. 13-095 Text Conformed 02/16/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this subsection to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

Except as otherwise provided in this Division III, no person may disturb land without implementing soil erosion and sediment controls in accordance with this Division III and the Standards and Specifications. Ord. 13-095

In this section, the following terms have the meanings indicated. “Best management practice” means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. The following activities are exempt from this Division III:agricultural land management practices; agricultural best management practices; clearing or grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth; and clearing or grading activities that are subject exclusively to State approval and enforcement under State law and regulations. Ord. 13-095

The Department may grant a variance from any requirement of this Division III if, because of exceptional circumstances applicable to the site, strict adherence to that requirement will result in exceptional hardship and not fulfill the intent of this Division III. The application for variance must:be in the form that the Department requires; state the specific variance sought; explain why the variance is needed; contain any other information that the Department requires; and be submitted to the Department with the applicant’s proposed site development plan. Ord. 13-095

In this subtitle, the following terms have the meanings indicated. “Drainage area” means an area, measured in a horizontal plane, that: “Stabilization” means the protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measures, or structural means. Ord. 13-095

Except as otherwise provided in this Division III, no person may grade land without erosion and sediment control plans approved by the Department. Ord. 13-095

In approving a plan, the Department may impose conditions that the Department considers necessary or appropriate to ensure: After the Department has completed its comprehensive review for each phase of site design, the Department must notify the applicant of either: Ord. 13-095

An applicant is responsible for submitting erosion and sediment control plans that meet the requirements of the Department, this Division III, and all other applicable provisions of the Baltimore City Code. The plans must include sufficient information to evaluate: At a minimum, applicants must submit the following information for the concept, site development, and final erosion and sediment control phases of project design: Ord. 13-095

The applicant must submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether erosion and sediment control can be provided according to this Division III. Plans submitted for concept approval must include: Ord. 13-095

Unless otherwise directed by the Department, after approval of the concept plan, the applicant must submit site development plans that reflect comments received during the previous review phase. Plans submitted for site development approval must be of sufficient detail to allow site development to be reviewed and must include: Ord. 13-095

After site development plan approval, the applicant must submit final erosion and sediment control plans and stormwater management plans that reflect the comments received during the previous review phase. Plans submitted for final approval must be of sufficient detail to allow all approvals and permits to be issued and must include: Ord. 13-095

The Department may approve modifications to approved plans as necessary. Modifications may be requested by the owner or developer or by the Department. Ord. 13-095

The Department may include in its Erosion and Sediment Control Manual a standard erosion and sediment control plan for activities with minor earth disturbances, such as single-family residences, small commercial and other similar building sites, minor maintenance grading, and minor utility construction. Ord. 13-095

For any development that requires an erosion and sediment control plan under this Division III, a grading or building permit may not be issued or extended unless a final erosion and sediment control plan has been approved by the Department. Ord. 13-095

Non-refundable fees will be assessed and collected in advance by the Department for each phase of a development. Ord. 13-095

For any development that requires an erosion and sediment control plan under this Division III, a grading or building permit may not be issued until the applicant posts a surety or cash bond or other means of security acceptable to the Department. The security required by this section must provide for forfeiture on failure to: The security may not be released until the Department conducts a final inspection of the completed work. Ord. 13-095

Every active site having an approved erosion and sediment control plan should be inspected for compliance with the plan on an average of once every 2 weeks. The owner or developer must maintain a copy of the approved erosion and sediment control plan on site. Ord. 13-095

All inspections under this Division III must be conducted by: the Department; or the Department’s authorized representative. Ord. 13-095

The Department must prepare a written report after every inspection. The report must describe: Ord. 13-095