Chapter 41. Recreation and Recreation Facilities

In order to promote the health, safety, welfare, morals and comfort of its citizens, the county is hereby authorized to establish, develop and operate a coordinated and comprehensive public recreational program designed to meet the needs of all age groups of the citizens from a community, educational, fraternal, athletic and social standpoint. To carry out the purposes of this chapter the county is hereby authorized to provide and make available such recreational facilities and services as community buildings, recreation centers, playgrounds, rooms for public assembly, dances, games, nursery or other schools, swimming pools, tennis courts, baseball diamonds, athletic fields, bowling alleys, pool or billiard rooms, gymnasiums, golf courses, parties, fishing grounds, picnic grounds, cafeterias or restaurants for the serving of food and beverages and all other facilities and conveniences necessary or appropriate to provide the public recreational program herein authorized.

Except as otherwise provided herein, the provisions of this chapter shall be applicable throughout the county and within the recreation district, it being the intent hereof that limited recreational services may be provided hereunder throughout the county, the cost thereof to be defrayed from county-wide revenues, and that more complete recreational services may be provided hereunder in the recreation district, the cost of the latter to be defrayed from special taxes levied in the district. The department of recreation shall perform its functions both county-wide and within the recreation district, within the limitations of the funds appropriated for each area. Ordinances, rules and regulations adopted by the council hereunder may apply throughout the county or be confined to the recreation district, as the council shall designate.

The county is hereby authorized to acquire by grant, purchase, lease or condemnation any land or improvements necessary or appropriate for the purposes of this chapter and may construct such buildings and make such other improvements as are necessary or appropriate for such purposes, either on the land so acquired or on land held or acquired by the United States of America, the National Capital Park and Planning Commission, the Maryland-National Capital Park and Planning Commission, the state or any other public agency; provided, that if the consent of any government or agency thereof is required by law for the use of such land, such consent shall first be obtained.

In order to carry out the objectives of this chapter, the county executive is hereby authorized to adopt and amend, from time to time, regulations, under method (2) of section 2A-15 of this Code, for the government and use of all land, buildings and other recreational facilities acquired or constructed by or committed to the care or supervision of the county hereunder. Such regulations may include provisions limiting the use of any such recreational facility for reasons of health, safety, comfort or morals; for fees for the use of any such facility or service in connection therewith, provided, that such fees shall not exceed the cost of providing the same; for the issuance of permits by the director of recreation to individuals or groups of individuals for the use of any such facility, which permits may grant exclusive use thereof or limit the permittee to a particular area or facility.

There is hereby established a special taxing area, to be known as the "recreation district," the boundaries of which shall include all of the county with the exception only of that area now or hereafter included within the incorporated boundaries of the City of Rockville, the City of Gaithersburg and the Town of Washington Grove.

Any violation of this Chapter or a regulation adopted under this Chapter is a Class A violation. Each day that a violation continues is a separate offense.

As used in this Article:

Camper means a person who registers his party for the occupancy of a campsite or who otherwise assumes charge of or is placed in charge of a campsite.

Camper unit means a tent or camping vehicle temporarily located on a campsite.

Campground means a lot, tract or parcel of land upon which 2 or more campsites are located, established or maintained and occupied by camping units for children or adults or both. For the purposes of this Article, "campground" shall also mean "recreational campground of a commercial nature."

Campsite means a plot of ground within a campground intended for the exclusive occupation by a camping unit or units under the control of a camper.

Department means the Department of Health and Human Services.

Director means the Director of the Department of Health and Human Services or the Director's designee.

It shall be unlawful for any person to maintain or operate within the limits of the county any campground unless such person shall first obtain a license therefor.

The director shall make all investigations reasonably necessary to the enforcement of this article, and the director, his agents and other authorized county agents shall have the authority to enter and inspect, for the purposes of enforcing this article, at all reasonable times, those premises where a license is required by this article, or which are operating under a license, or where a license has been suspended or revoked.

The annual license fee for each campground shall be three dollars ($3.00) for each campsite; provided, that the maximum license fee for one (1) campground shall not be more than four hundred fifty dollars ($450.00); and provided further that the county executive may from time to time, by written regulation, increase or diminish the license fee to an amount not to exceed the cost of licensing, inspections, administration and enforcement of this article.

Applications for a campground license shall be filed with and the license shall be issued by the director upon review and final acceptance thereof. Applications shall be in writing signed by the applicant and shall contain the following:

No license provided for in this division shall be issued by the department until the following approval and certificates have first been filed with the department:

The director, subject to appeal as provided in section 41-16, may deny, revoke or suspend any license issued under this division upon a finding that, for any sufficient reason, including activities of the owner, operator or employees of the campground or of the occupants of the campsites, a campground licensed hereunder or for which a license application has been made constitutes a detriment, is injurious to or is against the interests of the public health, safety, morals or welfare. In making such a finding, the director shall consider, but not by way of limitation, the following:

Before denying, revoking or suspending any license, the director shall give notice to the applicant or licensee specifying therein the specific violations or reasons for the proposed action, which notice shall direct the applicant or licensee to appear before him at some specified time to show cause why such license should not be denied, suspended, or revoked. Upon failure or refusal of the applicant to appear or upon findings at the hearing, the director may deny, suspend or revoke the license. All orders or notices by the director shall be served on the applicant or licensee by certified or registered mail at the address shown on the application, or by personal delivery. If the applicant or licensee cannot be found, it shall be sufficient to serve any person in charge of the enterprise at the premises or to post a copy of the order or notice on the premises.

The attendant or caretaker shall be answerable, with the licensee or owner, for the violation of any provisions of this article to which the licensee or owner is subject.

Any person aggrieved by any decision or action of the director under this division shall have the right to appeal to the board of appeals by filing a written application within ten (10) days following the effective date of the action or decision complained of in such form as the board may prescribe, and the board, within thirty (30) days from the filing thereof, shall hold a public hearing, and shall be empowered thereafter to affirm, abate, reverse or modify the decision or action of the director.

The license certificate issued under this division shall be conspicuously posted in the office of or on the premises of the campground at all times.

The county executive is hereby authorized to designate, and change from time to time, by executive order, the geographical boundaries of such recreation areas within the recreation district as the county executive determines are necessary to distinguish parts of the county with common recreational needs. The purpose of these areas will be to identify geographically parts of the county so that the administration of the county's recreation program can be carried out more efficiently and effectively to meet particular needs.

The County Recreation Advisory Board must:

The Committee must:

The Department of Recreation must provide staffing to the Committee.