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