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