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
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 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
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 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
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
Ord. 08-044
Ord. 09-202
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
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 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